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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-792
_______________________________________________________________________

                                     


  MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND 
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR 
                             OTHER PURPOSES

                               ----------                              

                           CONFERENCE REPORT

                              TO ACCOMPANY

                               H.R. 4818




   November 20 (legislative day, November 19), 2004.--Ordered to be 
                                printed

  MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND 
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR 
                             OTHER PURPOSES


108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-792
_______________________________________________________________________

                                     


  MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND 
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR 
                             OTHER PURPOSES

                               __________

                           CONFERENCE REPORT

                              TO ACCOMPANY

                               H.R. 4818




   November 20 (legislative day, November 19), 2004.--Ordered to be 
                                printed


108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-792

======================================================================



 
  MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND 
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  November 20 (legislative day of November 19), 2004.--Ordered to be 
                                printed

                                _______
                                

 Mr. Young of Florida, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 4818]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4818) ``making appropriations for foreign operations, export 
financing, and related programs for the fiscal year ending 
September 30, 2005, and for other purposes'', having met, after 
full and free conference, have agreed to recommend and do 
recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations 
Act, 2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short Title
Sec. 2. Table of Contents
Sec. 3. References
Sec. 4. Statement of Appropriations

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
      ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
              AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Patent and Trademark Fees
Title IX--Oceans and Human Health Act

    DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

Title I--Department of Defense--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
Title VI--Reform of the Board of Directors of the Tennessee Valley 
          Authority

 DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2005

Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions

      DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2005

Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--Urgent Wildland Fire Suppression Activities
Title V--General Reduction

    DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

Title I--Legislative Branch Appropriations
Title II--General Provisions

DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL 
                   GOVERNMENT APPROPRIATIONS ACT, 2005

Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to 
          the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions

   DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN 
     DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions

                        DIVISION J--OTHER MATTERS

Title I--Miscellaneous Provisions and Offsets
Title II--225th Anniversary of the American Revolution Commemoration Act
Title III--Rural Air Service Improvement Act of 2004
Title IV--L-1 Visa and H-1B Visa Reform Act
Title V--National Aviation Heritage Area Act
Title VI--Oil Region National Heritage Area Act
Title VII--Mississippi Gulf Coast National Heritage Area Act
Title VIII--Federal Lands Recreation Enhancement Act
Title IX--Satellite Home Viewer Extension and Reauthorization Act of 
          2004
Title X--Snake River Water Rights Act of 2004

                       DIVISION K--SMALL BUSINESS

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

SEC. 4. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2005.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,124,000: Provided, That not to exceed $11,000 
of this amount shall be available for official reception and 
representation expenses, not otherwise provided for, as 
determined by the Secretary.

                          Executive Operations

                            CHIEF ECONOMIST

    For necessary expenses of the Chief Economist, including 
economic analysis, risk assessment, cost-benefit analysis, 
energy and new uses, and the functions of the World 
Agricultural Outlook Board, as authorized by the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1622g), $10,317,000.

                       NATIONAL APPEALS DIVISION

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

                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

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

                        HOMELAND SECURITY STAFF

    For necessary expenses of the Homeland Security Staff, 
$775,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief 
Information Officer, $16,595,000.

                      Common Computing Environment

    For necessary expenses to acquire a Common Computing 
Environment for the Natural Resources Conservation Service, the 
Farm and Foreign Agricultural Service, and Rural Development 
mission areas for information technology, systems, and 
services, $125,585,000, to remain available until expended, for 
the capital asset acquisition of shared information technology 
systems, including services as authorized by 7 U.S.C. 6915-16 
and 40 U.S.C. 1421-28: Provided, That obligation of these funds 
shall be consistent with the Department of Agriculture Service 
Center Modernization Plan of the county-based agencies, and 
shall be with the concurrence of the Department's Chief 
Information Officer.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,742,000: Provided, That the Chief Financial Officer 
shall actively market and expand cross-servicing activities of 
the National Finance Center: Provided further, That no funds 
made available by this appropriation may be obligated for FAIR 
Act or Circular A-76 activities until the Secretary has 
submitted to the Committees on Appropriations of both Houses of 
Congress and the Committee on Government Reform of the House of 
Representatives a report on the Department's contracting out 
policies, including agency budgets for contracting out.

                          Working Capital Fund

    For the acquisition of disaster recovery and continuity of 
operations technology of the National Finance Center's data, 
$12,850,000, to remain available until expended.

           Office of the Assistant Secretary for Civil Rights

    For necessary salaries and expenses of the Office of the 
Assistant Secretary for Civil Rights, $818,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, 
$19,889,000.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the 
Assistant Secretary for Administration, $669,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (INCLUDING TRANSFERS OF FUNDS)

    For payment of space rental and related costs pursuant to 
Public Law 92-313, including authorities pursuant to the 1984 
delegation of authority from the Administrator of General 
Services to the Department of Agriculture under 40 U.S.C. 486, 
for programs and activities of the Department which are 
included in this Act, and for alterations and other actions 
needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, 
maintenance, improvement, and repair of Agriculture buildings 
and facilities, and for related costs, $163,870,000, to remain 
available until expended: Provided, That not to exceed 5 
percent of amounts which are made available for space rental 
and related costs for the Department of Agriculture in this Act 
may be transferred between such appropriations to cover the 
costs of new or replacement space 15 days after notice thereof 
is transmitted to the Appropriations Committees of both Houses 
of Congress.

                     Hazardous Materials Management

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses of the Department of Agriculture, to 
comply with the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
seq.), $15,532,000, to remain available until expended: 
Provided, That appropriations and funds available herein to the 
Department for Hazardous Materials Management may be 
transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal 
and non-Federal lands.

                      Departmental Administration

                     (INCLUDING TRANSFERS OF FUNDS)

    For Departmental Administration, $22,626,000, to provide 
for necessary expenses for management support services to 
offices of the Department and for general administration, 
security, repairs and alterations, and other miscellaneous 
supplies and expenses not otherwise provided for and necessary 
for the practical and efficient work of the Department: 
Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses 
incident to the holding of hearings as required by 5 U.S.C. 
551-558.

     Office of the Assistant Secretary for Congressional Relations

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary salaries and expenses of the Office of the 
Assistant Secretary for Congressional Relations to carry out 
the programs funded by this Act, including programs involving 
intergovernmental affairs and liaison within the executive 
branch, $3,852,000: Provided, That these funds may be 
transferred to agencies of the Department of Agriculture funded 
by this Act to maintain personnel at the agency level: Provided 
further, That no funds made available by this appropriation may 
be obligated after 30 days from the date of enactment of this 
Act, unless the Secretary has notified the Committees on 
Appropriations of both Houses of Congress on the allocation of 
these funds by USDA agency: Provided further, That no other 
funds appropriated to the Department by this Act shall be 
available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to 
the coordination of programs involving public affairs, for the 
dissemination of agricultural information, and thecoordination 
of information, work, and programs authorized by Congress in the 
Department, $9,365,000: Provided, That not to exceed $2,000,000 may be 
used for farmers' bulletins.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General, including employment pursuant to the Inspector General 
Act of 1978, $78,289,000, including such sums as may be 
necessary for contracting and other arrangements with public 
agencies and private persons pursuant to section 6(a)(9) of the 
Inspector General Act of 1978, and including not to exceed 
$125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General 
Counsel, $35,861,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the 
Under Secretary for Research, Education and Economics to 
administer the laws enacted by the Congress for the Economic 
Research Service, the National Agricultural Statistics Service, 
the Agricultural Research Service, and the Cooperative State 
Research, Education, and Extension Service, $592,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and 
other laws, $74,768,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural 
Statistics Service in conducting statistical reporting and 
service work, including crop and livestock estimates, 
statistical coordination and improvements, marketing surveys, 
and the Census of Agriculture, as authorized by 7 U.S.C. 1621-
1627 and 2204g, and other laws, $129,480,000, of which up to 
$22,405,000 shall be available until expended for the Census of 
Agriculture.

                     Agricultural Research Service

                         SALARIES AND EXPENSES

    For necessary expenses to enable the Agricultural Research 
Service to perform agricultural research and demonstration 
relating to production, utilization, marketing, and 
distribution (not otherwise provided for); home economics or 
nutrition and consumer use including the acquisition, 
preservation, and dissemination of agricultural information; 
and for acquisition of lands by donation, exchange, or purchase 
at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be 
equalized by a payment of money to the grantor which shall not 
exceed 25 percent of the total value of the land or interests 
transferred out of Federal ownership, $1,110,887,000: Provided, 
That appropriations hereunder shall be available for the 
operation and maintenance of aircraft and the purchase of not 
to exceed one for replacement only: Provided further, That 
appropriations hereunder shall be available pursuant to 7 
U.S.C. 2250 for the construction, alteration, and repair of 
buildings and improvements, but unless otherwise provided, the 
cost of constructing any one building shall not exceed 
$375,000, except for headhouses or greenhouses which shall each 
be limited to $1,200,000, and except for 10 buildings to be 
constructed or improved at a cost not to exceed $750,000 each, 
and the cost of altering any one building during the fiscal 
year shall not exceed 10 percent of the current replacement 
value of the building or $375,000, whichever is greater: 
Provided further, That the limitations on alterations contained 
in this Act shall not apply to modernization or replacement of 
existing facilities at Beltsville, Maryland: Provided further, 
That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center: 
Provided further, That the foregoing limitations shall not 
apply to replacement of buildings needed to carry out the Act 
of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by 
law: Provided further, That all rights and title of the United 
States in the 1.0664-acre parcel of land including 
improvements, as recorded at Book 1320, Page 253, records of 
Larimer County, State of Colorado, shall be conveyed to the 
Board of Governors of the Colorado State University for the 
benefit of Colorado State University.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, 
processing, or marketing of tobacco or tobacco products.

                        BUILDINGS AND FACILITIES

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or 
facilities as necessary to carry out the agricultural research 
programs of the Department of Agriculture, where not otherwise 
provided, $187,838,000, to remain available until expended.

      Cooperative State Research, Education, and Extension Service

                   RESEARCH AND EDUCATION ACTIVITIES

    For payments to agricultural experiment stations, for 
cooperative forestry and other research, for facilities, and 
for other expenses, $660,781,000, as follows: to carry out the 
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
$180,148,000; for grants for cooperative forestry research (16 
U.S.C. 582a through a-7), $22,384,000; for payments to the 1890 
land-grant colleges, including Tuskegee University and West 
Virginia State University (7 U.S.C. 3222), $37,000,000, of 
which $1,507,496 shall be made available only for the purpose 
of ensuring that each institution shall receive no less than 
$1,000,000; for special grants for agricultural research (7 
U.S.C. 450i(c)), $121,284,000; for special grants for 
agricultural research on improved pest control (7 U.S.C. 
450i(c)), $15,280,000; for competitive research grants (7 
U.S.C. 450i(b)), $181,000,000; for the support of animal health 
and disease programs (7 U.S.C. 3195), $5,098,000; for 
supplemental and alternative crops and products (7 U.S.C. 
3319d), $1,196,000; for grants for research pursuant to the 
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 
$1,111,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to 
section 536 of Public Law 103-382 (7 U.S.C. 301 note), 
$1,087,000, to remain available until expended; for rangeland 
research grants (7 U.S.C. 3333), $1,000,000; for higher 
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), 
$3,000,000, to remain available until expended (7 U.S.C. 
2209b); for higher education challenge grants (7 U.S.C. 
3152(b)(1)), $5,500,000; for a higher education multicultural 
scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain 
available until expended (7 U.S.C. 2209b); for an education 
grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $5,645,000; for noncompetitive grants for the purpose of 
carrying out all provisions of 7 U.S.C. 3242 (section 759 of 
Public Law 106-78) to individual eligible institutions or 
consortia of eligible institutions in Alaska and in Hawaii, 
with funds awarded equally to each of the States of Alaska and 
Hawaii, $3,500,000; for a secondary agriculture education 
program and 2-year post-secondary education (7 U.S.C. 3152(j)), 
$1,000,000; for aquaculture grants (7 U.S.C. 3322), $4,000,000; 
for sustainable agriculture research and education (7 U.S.C. 
5811), $12,500,000; for a program of capacity building grants 
(7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds 
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
including Tuskegee University and West Virginia State 
University, $12,411,000, to remain available until expended (7 
U.S.C. 2209b); for payments to the 1994 Institutions pursuant 
to section 534(a)(1) of Public Law 103-382, $2,250,000; for 
resident instruction grants for insular areas under section 
1491 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for 
necessary expenses of Research and Education Activities, 
$42,889,000.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, 
processing, or marketing of tobacco or tobacco products: 
Provided, That this paragraph shall not apply to research on 
the medical, biotechnological, food, and industrial uses of 
tobacco.

              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

                          EXTENSION ACTIVITIES

    For payments to States, the District of Columbia, Puerto 
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, 
and American Samoa, $449,225,000, as follows: payments for 
cooperative extension work under the Smith-Lever Act, to be 
distributed under sections 3(b) and 3(c) of said Act, and under 
section 208(c) of Public Law 93-471, for retirement and 
employees' compensation costs for extension agents, 
$277,742,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$3,273,000; payments for the nutrition and family education 
program for low-income areas under section 3(d) of the Act, 
$58,909,000; payments for the pest management program under 
section 3(d) of the Act, $10,000,000; payments for the farm 
safety program under section 3(d) of the Act, $4,600,000; 
payments to upgrade research, extension, and teaching 
facilities at the 1890 land-grant colleges, including Tuskegee 
University and West Virginia State University, as authorized by 
section 1447 of Public Law 95-113 (7 U.S.C. 3222b), 
$16,912,000, to remain available until expended; payments for 
youth-at-risk programs under section 3(d) of the Smith-Lever 
Act, $7,538,000; for youth farm safety education and 
certification extension grants, to be awarded competitively 
under section 3(d) of the Act, $444,000; payments for carrying 
out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $4,093,000; payments for Indian 
reservation agents under section 3(d) of the Smith-Lever Act, 
$1,774,000; payments for sustainable agriculture programs under 
section 3(d) of the Act, $4,100,000; payments for rural health 
and safety education as authorized by section 502(i) of Public 
Law 92-419 (7 U.S.C. 2662(i)), $1,981,000; payments for 
cooperative extension work by the colleges receiving the 
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) 
and Tuskegee University and West Virginia State University, 
$33,133,000, of which $1,724,884 shall be made available only 
for the purpose of ensuring that each institution shall receive 
no less than $1,000,000; for grants to youth organizations 
pursuant to section 7630 of title 7, United States Code, 
$2,667,000; and for necessary expenses of Extension Activities, 
$22,059,000.

                         INTEGRATED ACTIVITIES

    For the integrated research, education, and extension 
grants programs, including necessary administrative expenses, 
$55,153,000, as follows: for competitive grants programs 
authorized under section 406 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), 
$43,058,000, including $12,971,000 for the water quality 
program, $14,967,000 for the food safety program, $4,200,000 
for the regional pest management centers program, $4,500,000 
for the Food Quality Protection Act risk mitigation program for 
major food crop systems, $1,400,000 for the crops affected by 
Food Quality Protection Act implementation, $3,131,000 for the 
methyl bromide transition program, and $1,889,000 for the 
organic transition program; for a competitive 
internationalscience and education grants program authorized under 
section 1459A of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until 
expended, $1,000,000; for grants programs authorized under section 
2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to remain 
available until September 30, 2006 for the critical issues program, and 
$1,345,000 for the regional rural development centers program; and 
$9,000,000 for the homeland security program authorized under section 
1484 of the National Agricultural Research, Extension, and Teaching Act 
of 1977, to remain available until September 30, 2006.

              OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

    For grants and contracts pursuant to section 2501 of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279), $5,935,000, to remain available until expended.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the 
Under Secretary for Marketing and Regulatory Programs to 
administer programs under the laws enacted by the Congress for 
the Animal and Plant Health Inspection Service; the 
Agricultural Marketing Service; and the Grain Inspection, 
Packers and Stockyards Administration; $721,000.

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    For expenses, not otherwise provided for, necessary to 
prevent, control, and eradicate pests and plant and animal 
diseases; to carry out inspection, quarantine, and regulatory 
activities; and to protect the environment, as authorized by 
law, $814,623,000, of which $4,119,000 shall be available for 
the control of outbreaks of insects, plant diseases, animal 
diseases and for control of pest animals and birds to the 
extent necessary to meet emergency conditions; of which 
$47,500,000 shall be used for the boll weevil eradication 
program for cost share purposes or for debt retirement for 
active eradication zones; of which $33,197,000 shall be 
available for a National Animal Identification program: 
Provided, That no funds shall be used to formulate or 
administer a brucellosis eradication program for the current 
fiscal year that does not require minimum matching by the 
States of at least 40 percent: Provided further, That this 
appropriation shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed four, 
of which two shall be for replacement only: Provided further, 
That, in addition, in emergencies which threaten any segment of 
the agricultural production industry of this country, the 
Secretary may transfer from other appropriations or funds 
available to the agencies or corporations of the Department 
such sums as may be deemed necessary, to be available only in 
such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, 
and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and 
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 
and 7772), and any unexpended balances of funds transferred for 
such emergency purposes in the preceding fiscal year shall be 
merged with such transferred amounts: Provided further, That 
appropriations hereunder shall be available pursuant to law (7 
U.S.C. 2250) for the repair and alteration of leased buildings 
and improvements, but unless otherwise provided the cost of 
altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the 
building: Provided further, That no funds shall be used to 
implement a national animal identification system prior to 
notification to the Committees on Appropriations which shall 
include a detailed explanation of the components of such 
system.
    In fiscal year 2005, the agency is authorized to collect 
fees to cover the total costs of providing technical 
assistance, goods, or services requested by States, other 
political subdivisions, domestic and international 
organizations, foreign governments, or individuals, provided 
that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, 
goods, or services provided to the entity by the agency, and 
such fees shall be credited to this account, to remain 
available until expended, without further appropriation, for 
providing such assistance, goods, or services.

                        BUILDINGS AND FACILITIES

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and 
purchase of fixed equipment or facilities, as authorized by 7 
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 
428a, $4,967,000, to remain available until expended.

                     Agricultural Marketing Service

                           MARKETING SERVICES

    For necessary expenses to carry out services related to 
consumer protection, agricultural marketing and distribution, 
transportation, and regulatory programs, as authorized by law, 
and for administration and coordination of payments to States, 
$75,698,000, including funds for the wholesale market 
development program for the design and development of wholesale 
and farmer market facilities for the major metropolitan areas 
of the country: Provided, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the 
building.
    Fees may be collected for the cost of standardization 
activities, as established by regulation pursuant to law (31 
U.S.C. 9701).

                 LIMITATION ON ADMINISTRATIVE EXPENSES

    Not to exceed $64,459,000 (from fees collected) shall be 
obligated during the current fiscal year for administrative 
expenses: Provided, That if crop size is understated and/or 
other uncontrollable events occur, the agency may exceed this 
limitation by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

                     (INCLUDING TRANSFERS OF FUNDS)

    Funds available under section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c), shall be used only for commodity program 
expenses as authorized therein, and other related operating 
expenses, except for: (1) transfers to the Department of 
Commerce as authorized by the Fish and Wildlife Act of August 
8, 1956; (2) transfers otherwise provided in this Act; and (3) 
not more than $15,800,000 for formulation and administration of 
marketing agreements and orders pursuant to the Agricultural 
Marketing Agreement Act of 1937 and the Agricultural Act of 
1961.

                   PAYMENTS TO STATES AND POSSESSIONS

    For payments to departments of agriculture, bureaus and 
departments of markets, and similar agencies for marketing 
activities under section 204(b) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1623(b)), $3,847,000, of which not less 
than $2,500,000 shall be used to make a grant under this 
heading.

        Grain Inspection, Packers and Stockyards Administration

                         SALARIES AND EXPENSES

    For necessary expenses to carry out the provisions of the 
United States Grain Standards Act, for the administration of 
the Packers and Stockyards Act, for certifying procedures used 
to protect purchasers of farm products, and the standardization 
activities related to grain under the Agricultural Marketing 
Act of 1946, $37,299,000: Provided, That this appropriation 
shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the 
cost of altering any one building during the fiscal year shall 
not exceed 10 percent of the current replacement value of the 
building.

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

    Not to exceed $42,463,000 (from fees collected) shall be 
obligated during the current fiscal year for inspection and 
weighing services: Provided, That if grain export activities 
require additional supervision and oversight, or other 
uncontrollable factors occur, this limitation may be exceeded 
by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the 
Under Secretary for Food Safety to administer the laws enacted 
by the Congress for the Food Safety and Inspection Service, 
$595,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by 
the Federal Meat Inspection Act, the Poultry Products 
Inspection Act, and the Egg Products Inspection Act, including 
not to exceed $50,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 
1956 (7 U.S.C. 1766), $823,760,000, of which no less than 
$742,305,000 shall be available for Federal food safety 
inspection; and in addition, $1,000,000 may be credited to this 
account from fees collected for the cost of laboratory 
accreditation as authorized by section 1327 of the Food, 
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f): Provided, That no fewer than 63 full time equivalent 
positions above the fiscal year 2002 level shall be employed 
during fiscal year 2005 for purposes dedicated solely to 
inspections and enforcement related to the Humane Methods of 
Slaughter Act: Provided further, That of the amount available 
under this heading, notwithstanding section 704 of this Act, 
$3,000,000, available until September 30, 2006, shall be 
obligated to include the Humane Animal Tracking System as part 
of the Field Automation and Information Management System 
following notification to the Committees on Appropriations, 
which shall include a detailed explanation of the components of 
such system: Provided further, That of the total amount made 
available under this heading, no less than $20,653,000 shall be 
obligated for regulatory and scientific training: Provided 
further, That this appropriation shall be available pursuant to 
law (7 U.S.C. 2250) for the alteration and repair of buildings 
and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary salaries and expenses of the Office of the 
Under Secretary for Farm and Foreign Agricultural Services to 
administer the laws enacted by Congress for the Farm Service 
Agency, the Foreign Agricultural Service, the Risk Management 
Agency, and the Commodity Credit Corporation, $631,000.

                          Farm Service Agency

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses for carrying out the administration 
and implementation of programs administered by the Farm Service 
Agency, $1,007,597,000: Provided, That the Secretary is 
authorized to use the services, facilities, and authorities 
(but not the funds) of the Commodity Credit Corporation to make 
program payments for all programs administered by the Agency: 
Provided further, That other funds made available to the Agency 
for authorized activities may be advanced to and merged with 
this account.

                         STATE MEDIATION GRANTS

    For grants pursuant to section 502(b) of the Agricultural 
Credit Act of 1987, as amended (7 U.S.C. 5101-5106), 
$4,000,000.

                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses involved in making indemnity 
payments to dairy farmers and manufacturers of dairy products 
under a dairy indemnity program, $100,000, to remain available 
until expended: Provided, That such program is carried out by 
the Secretary in the same manner as the dairy indemnity program 
described in the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 
(Public Law 106-387, 114 Stat. 1549A-12).

           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For gross obligations for the principal amount of direct 
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land 
acquisition loans (25 U.S.C. 488), and boll weevil loans (7 
U.S.C. 1989), to be available from funds in the Agricultural 
Credit Insurance Fund, as follows: farm ownership loans, 
$1,610,000,000, of which $1,400,000,000 shall be for guaranteed 
loans and $210,000,000 shall be for direct loans; operating 
loans, $2,035,000,000, of which $1,100,000,000 shall be for 
unsubsidized guaranteed loans, $285,000,000 shall be for 
subsidized guaranteed loans and $650,000,000 shall be for 
direct loans; Indian tribe land acquisition loans, $2,000,000; 
and for boll weevil eradication program loans, $100,000,000: 
Provided, That the Secretary shall deem the pink bollworm to be 
a boll weevil for the purpose of boll weevil eradication 
program loans.
    For the cost of direct and guaranteed loans, including the 
cost of modifying loans as defined in section 502 ofthe 
Congressional Budget Act of 1974, as follows: farm ownership loans, 
$18,655,000, of which $7,420,000 shall be for guaranteed loans, and 
$11,235,000 shall be for direct loans; operating loans, $139,049,000, 
of which $35,530,000 shall be for unsubsidized guaranteed loans, 
$37,934,000 shall be for subsidized guaranteed loans, and $65,585,000 
shall be for direct loans; and Indian tribe land acquisition loans, 
$105,000.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $301,764,000, of 
which $293,764,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and 
Expenses''.
    Funds appropriated by this Act to the Agricultural Credit 
Insurance Program Account for farm ownership and operating 
direct loans and guaranteed loans may be transferred among 
these programs: Provided, That the Committees on Appropriations 
of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by 
section 226A of the Department of Agriculture Reorganization 
Act of 1994 (7 U.S.C. 6933), $72,044,000: Provided, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby 
authorized to make expenditures, within the limits of funds and 
borrowing authority available to each such corporation or 
agency and in accord with law, and to make contracts and 
commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control 
Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation 
or agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal 
Crop Insurance Act (7 U.S.C. 1516), such sums as may be 
necessary, to remain available until expended.

                   Commodity Credit Corporation Fund

                 REIMBURSEMENT FOR NET REALIZED LOSSES

    For the current fiscal year, such sums as may be necessary 
to reimburse the Commodity Credit Corporation for net realized 
losses sustained, but not previously reimbursed, pursuant to 
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11): 
Provided, That of the funds available to the Commodity Credit 
Corporation under section 11 of the Commodity Credit 
Corporation Charter Act (15 U.S.C 714i) for the conduct of its 
business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign 
Agricultural Service for information resource management 
activities of the Foreign Agricultural Service that are not 
related to Commodity Credit Corporation business.

                       HAZARDOUS WASTE MANAGEMENT

                        (LIMITATION ON EXPENSES)

    For the current fiscal year, the Commodity Credit 
Corporation shall not expend more than $5,000,000 for site 
investigation and cleanup expenses, and operations and 
maintenance expenses to comply with the requirement of section 
107(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 
U.S.C. 6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the 
Under Secretary for Natural Resources and Environment to 
administer the laws enacted by the Congress for the Forest 
Service and the Natural Resources Conservation Service, 
$741,000.

                 Natural Resources Conservation Service

                        CONSERVATION OPERATIONS

    For necessary expenses for carrying out the provisions of 
the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
preparation of conservation plans and establishment of measures 
to conserve soil and water (including farm irrigation and land 
drainage and such special measures for soil and water 
management as may be necessary to prevent floods and the 
siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of 
information; acquisition of lands, water, and interests therein 
for use in the plant materials program by donation, exchange, 
or purchase at a nominal cost not to exceed $100 pursuant to 
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and 
erection or alteration or improvement of permanent and 
temporary buildings; and operation and maintenance of aircraft, 
$837,360,000, to remain available until June 30, 2006, of which 
not less than $10,500,000 is for snow survey and water 
forecasting, and not less than $14,433,000 is for operation and 
establishment of the plant materials centers, and of which not 
less than $23,500,000 shall be for the grazing lands 
conservation initiative: Provided, That appropriations 
hereunder shall be available pursuant to 7 U.S.C. 2250 for 
construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost 
of alterations and improvements to other buildings and other 
public improvements shall not exceed $250,000: Provided 
further, That when buildings or other structures are erected on 
non-Federal land, that the right to use such land is obtained 
as provided in 7 U.S.C. 2250a: Provided further, That this 
appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 
202(c) of title II of the Colorado River Basin Salinity Control 
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 
qualified local engineers may be temporarily employed at per 
diem rates to perform the technical planning work of the 
Service: Provided further, That none of the funds made 
available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance 
with respect to programs listed in section 1241(a) of the Food 
Security Act of 1985 (16 U.S.C. 3841(a)).

                     WATERSHED SURVEYS AND PLANNING

    For necessary expenses to conduct research, investigation, 
and surveys of watersheds of rivers and other waterways, and 
for small watershed investigations and planning, in accordance 
with the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1001-1009), $7,083,000: Provided, That none of the funds 
made available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance 
with respect to programs listed in section 1241(a) of the Food 
Security Act of 1985 (16 U.S.C. 3841(a)).

               WATERSHED AND FLOOD PREVENTION OPERATIONS

    For necessary expenses to carry out preventive measures, 
including but not limited to research, engineering operations, 
methods of cultivation, the growing of vegetation, 
rehabilitation of existing works and changes in use of land, in 
accordance with the Watershed Protection and Flood Prevention 
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the 
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance 
with the provisions of laws relating to the activities of the 
Department, $75,576,000, to remain available until expended; of 
which up to $10,000,000 may be available for the watersheds 
authorized under the Flood Control Act (33 U.S.C. 701 and 16 
U.S.C. 1006a): Provided, That not to exceed $35,000,000 of this 
appropriation shall be available for technical assistance: 
Provided further, That not to exceed $1,000,000 of this 
appropriation is available to carry out the purposes of the 
Endangered Species Act of 1973 (Public Law 93-205), including 
cooperative efforts as contemplated by that Act to relocate 
endangered or threatened species to other suitable habitats as 
may be necessary to expedite project construction: Provided 
further, That none of the funds made available under this 
paragraph by this or any other appropriations Act may be used 
to provide technical assistance with respect to programs listed 
in section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)).

                    WATERSHED REHABILITATION PROGRAM

    For necessary expenses to carry out rehabilitation of 
structural measures, in accordance with section 14 of the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $27,500,000, to remain available 
until expended: Provided, That none of the funds made available 
under this paragraph by this or any other appropriations Act 
may be used to provide technical assistance with respect to 
programs listed in section 1241(a) of the Food Security Act of 
1985 (16 U.S.C. 3841(a)).

                 RESOURCE CONSERVATION AND DEVELOPMENT

    For necessary expenses in planning and carrying out 
projects for resource conservation and development and for 
sound land use pursuant to the provisions of sections 31 and 32 
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and 
subtitle H of title XV of the Agriculture and Food Act of 1981 
(16 U.S.C. 3451-3461), $51,641,000, to remain available until 
expended: Provided, That none of the funds made available under 
this paragraph by this or any other appropriations Act may be 
used to provide technical assistance with respect to programs 
listed in section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)): Provided further, That the Secretary shall 
enter into a cooperative or contribution agreement with a 
national association regarding a Resource Conservation and 
Development program and such agreement shall contain the same 
matching, contribution requirements, and funding level, set 
forth in a similar cooperative or contribution agreement with a 
national association in fiscal year 2002: Provided further, 
That not to exceed $3,504,300 shall be available for national 
headquarters activities.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the 
Under Secretary for Rural Development to administer programs 
under the laws enacted by the Congress for the Rural Housing 
Service, the Rural Business-Cooperative Service, and the Rural 
Utilities Service of the Department of Agriculture, $632,000.

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

                     (INCLUDING TRANSFERS OF FUNDS)

    For the cost of direct loans, loan guarantees, and grants, 
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, 
except for sections 381E-H and 381N of the Consolidated Farm 
and Rural Development Act, $716,049,000, to remain available 
until expended, of which $89,180,000 shall be for rural 
community programs described in section 381E(d)(1) of such Act; 
of which $552,689,000 shall be for the rural utilities programs 
described in sections 381E(d)(2), 306C(a)(2), and 306D of such 
Act, of which not to exceed $500,000 shall be available for the 
rural utilities program described in section 306(a)(2)(B) of 
such Act, and of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 
306E of such Act; and of which $74,180,000 shall be for the 
rural business and cooperative development programs described 
in sections 381E(d)(3) and 310B(f) of such Act: Provided, That 
of the total amount appropriated in this account, $25,000,000 
shall be for loans and grants to benefit Federally Recognized 
Native American Tribes, including grants for drinking water and 
waste disposal systems pursuant to section 306C of such Act, of 
which $4,500,000 shall be available for community facilities 
grants to tribal colleges, as authorized by section 306(a)(19) 
of the Consolidated Farm and Rural Development Act, and of 
which $250,000 shall be available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development: 
Provided further, That of the amount appropriated for rural 
community programs, $6,350,000 shall be available for a Rural 
Community Development Initiative: Provided further, That such 
funds shall be used solely to develop the capacity and ability 
of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake 
projects to improve housing, community facilities, community 
and economic development projects in rural areas: Provided 
further, That such funds shall be made available to qualified 
private, nonprofit and public intermediary organizations 
proposing to carry out a program of financial and technical 
assistance: Provided further, That such intermediary 
organizations shall provide matching funds from other sources, 
including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That of the 
amount appropriated for the rural business and cooperative 
development programs, not to exceed $500,000 shall be made 
available for a grant to a qualified national organization to 
provide technical assistance for rural transportation in order 
to promote economic development; $1,000,000 shall be for grants 
to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any 
purpose under this heading: Provided further, That of the 
amount appropriated for rural utilities programs, not to exceed 
$25,000,000 shall be for water and waste disposal systems to 
benefit the Colonias along the United States/Mexico border, 
including grants pursuant to section 306C of such Act; not to 
exceed $26,000,000 shall be for water and waste disposal 
systems for rural and native villages in Alaska pursuant to 
section 306D of such Act, with up to 2 percent available to 
administer the program and/or improve interagency coordination 
may be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses'', of which $100,000 
shall be provided to develop a regional system for centralized 
billing, operation, and management of rural water and sewer 
utilities through regional cooperatives, of which 25 percent 
shall be provided for water and sewer projects in regional 
hubs, and the State of Alaska shall provide a 25 percent cost 
share, and grantees may use up to 5 percent of grant funds, not 
to exceed $35,000 per community, for the completion of 
comprehensive community safe water plans; not to exceed 
$18,250,000 shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such 
Act, of which $5,600,000 shall be for Rural Community 
Assistance Programs and not less than $800,000 shall be for a 
qualified national Native American organization to provide 
technical assistance for rural water systems for tribal 
communities; and not to exceed $13,500,000 shall be for 
contracting with qualified national organizations for a circuit 
rider program to provide technical assistance for rural water 
systems: Provided further, That of the total amount 
appropriated, not to exceed $22,166,000 shall be available 
through June 30, 2005, for authorized empowerment zones and 
enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership 
Zones; of which $1,081,000 shall be for the rural community 
programs described in section 381E(d)(1) of such Act, of which 
$12,582,000 shall be for the rural utilities programs described 
in section 381E(d)(2) of such Act, and of which $8,503,000 
shall be for the rural business and cooperative development 
programs described in section 381E(d)(3) of such Act: Provided 
further, That of the amount appropriated for rural community 
programs, not to exceed $21,000,000 shall be to provide grants 
for facilities in rural communities with extreme unemployment 
and severe economic depression (Public Law 106-387), with 5 
percent for administration and capacity building in the State 
rural development offices: Provided further, That of the amount 
appropriated, $28,000,000 shall be transferred to and merged 
with the ``Rural Utilities Service, High Energy Cost Grants 
Account'' to provide grants authorized under section 19 of the 
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided 
further, That any prior year balances for high cost energy 
grants authorized by section 19 of the Rural Electrification 
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and 
merged with the ``Rural Utilities Service, High Energy Costs 
Grants Account''.

                Rural Development Salaries and Expenses

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses for carrying out the administration 
and implementation of programs in the Rural Development mission 
area, including activities with institutions concerning the 
development and operation of agricultural cooperatives; and for 
cooperative agreements; $148,452,000: Provided, That of funds 
appropriated under this title for salaries and expenses, not 
less than $5,000,000 shall be used to complete the 
consolidation of Rural Development activities in St. Louis, to 
the Goodfellow facility also in St. Louis: Provided further, 
That notwithstanding any other provision of law, funds 
appropriated under this section may be used for advertising and 
promotional activities that support the Rural Development 
mission area: Provided further, That not more than $10,000 may 
be expended to provide modest nonmonetary awards to non-USDA 
employees: Provided further, That any balances available from 
prior years for the Rural Utilities Service, Rural Housing 
Service, and the Rural Business-Cooperative Service salaries 
and expenses accounts shall be transferred to and merged with 
this appropriation.

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For gross obligations for the principal amount of direct 
and guaranteed loans as authorized by title V of the Housing 
Act of 1949, to be available from funds in the rural housing 
insurance fund, as follows: $4,459,297,000 for loans to section 
502 borrowers, as determined by the Secretary, of which 
$1,150,000,000 shall be for direct loans, and of which 
$3,309,297,000 shall be for unsubsidized guaranteed loans; 
$35,000,000 for section 504 housing repair loans; $100,000,000 
for section 515 rental housing; $100,000,000 for section 538 
guaranteed multi-family housing loans; $5,045,000 for section 
524 site loans; $11,501,000 for credit sales of acquired 
property, of which up to $1,501,000 may be for multi-family 
credit sales; and $10,000,000 for section 523 self-help housing 
land development loans.
    For the cost of direct and guaranteed loans, including the 
cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: section 502 
loans, $166,778,000, of which $133,170,000 shall be for direct 
loans, and of which $33,608,000, to remain available until 
expended, shall be for unsubsidized guaranteed loans; section 
504 housing repair loans, $10,171,000; section 515 rental 
housing, $47,090,000; section 538 multi-family housing 
guaranteed loans, $3,490,000; multi-family credit sales of 
acquired property, $727,000: Provided, That of the total amount 
appropriated in this paragraph, $7,100,000 shall be available 
through June 30, 2005, for authorized empowerment zones and 
enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership 
Zones: Provided further, That any funds under this paragraph 
initially allocated by the Secretary for housing projects in 
the State of Alaska that are not obligated by September 30, 
2005, shall be carried over until September 30, 2006, and made 
available for such housing projects only in the State of 
Alaska.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $448,342,000, 
which shall be transferred to and merged with the appropriation 
for ``Rural Development, Salaries and Expenses''.

                       RENTAL ASSISTANCE PROGRAM

    For rental assistance agreements entered into or renewed 
pursuant to the authority under section 521(a)(2) or agreements 
entered into in lieu of debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of 
the Housing Act of 1949, $592,000,000; and, in addition, such 
sums as may be necessary, as authorized by section 521(c) of 
the Act, to liquidate debt incurred prior to fiscal year 1992 
to carry out the rental assistance program under section 
521(a)(2) of the Act: Provided, That of this amount, $5,900,000 
shall be available for debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of 
the Act, and not to exceed $20,000 per project for advances to 
nonprofit organizations or public agencies to cover direct 
costs (other than purchase price) incurred in purchasing 
projects pursuant to section 502(c)(5)(C) of the Act: Provided 
further, That agreements entered into or renewed during the 
current fiscal year shall be funded for a four-year period: 
Provided further, That any unexpended balances remaining at the 
end of such four-year agreements may be transferred and used 
for the purposes of any debt reduction; maintenance, repair, or 
rehabilitation of any existing projects; preservation; and 
rental assistance activities authorized under title V of the 
Act.

                  MUTUAL AND SELF-HELP HOUSING GRANTS

    For grants and contracts pursuant to section 523(b)(1)(A) 
of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to 
remain available until expended: Provided, That of the total 
amount appropriated, $1,000,000 shall be available through June 
30, 2005, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.

                    RURAL HOUSING ASSISTANCE GRANTS

    For grants and contracts for very low-income housing 
repair, supervisory and technical assistance, compensation for 
construction defects, and rural housing preservation made by 
the Rural Housing Service, as authorized by 42 U.S.C. 1474, 
1479(c), 1490e, and 1490m, $43,992,000, to remain available 
until expended: Provided, That $3,000,000 shall be made 
available for loans to private non-profit organizations, or 
such non-profit organizations' affiliate loan funds and State 
housing finance agencies, to carry out a housing demonstration 
program to provide revolving loans for the preservation of low-
income multi-family housing projects: Provided further, That 
loans under such demonstration program shall have an interest 
rate of not more than one percent direct loan to the recipient: 
Provided further, That the Secretary may defer the interest and 
principal payment to the Rural Housing Service for up to three 
years and the term of such loans shall not exceed 30 years: 
Provided further, That of the total amount appropriated, 
$1,800,000 shall be available through June 30, 2005, for 
authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones.

                       FARM LABOR PROGRAM ACCOUNT

    For the cost of direct loans, grants, and contracts, as 
authorized by 42 U.S.C. 1484 and 1486, $34,118,000, to remain 
available until expended, for direct farm labor housing loans 
and domestic farm labor housing grants and contracts.

                  Rural Business--Cooperative Service

              RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

     For the principal amount of direct loans, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
$34,213,000.
    For the cost of direct loans, $15,868,000, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
$1,724,000 shall be available through June 30, 2005, for 
Federally Recognized Native American Tribes and of which 
$3,449,000 shall be available through June 30, 2005, for 
Mississippi Delta Region counties (as determined in accordance 
with Public Law 100-460): Provided, That of such amount made 
available, the Secretary may provide up to $1,500,000 for the 
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided 
further, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That of the total amount 
appropriated, $2,447,000 shall be available through June 30, 
2005, for the cost of direct loans for authorized empowerment 
zones and enterprise communities and communities designated by 
the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.
    In addition, for administrative expenses to carry out the 
direct loan programs, $4,316,000 shall be transferred to and 
merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

            RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

                    (INCLUDING RESCISSION OF FUNDS)

    For the principal amount of direct loans, as authorized 
under section 313 of the Rural Electrification Act, for the 
purpose of promoting rural economic development and job 
creation projects, $25,003,000.
    For the cost of direct loans, including the cost of 
modifying loans as defined in section 502 of the Congressional 
Budget Act of 1974, $4,698,000, to remain available until 
expended.
    Of the funds derived from interest on the cushion of credit 
payments in the current fiscal year, as authorized by section 
313 of the Rural Electrification Act of 1936, $4,698,000 shall 
not be obligated and $4,698,000 are rescinded.

                  RURAL COOPERATIVE DEVELOPMENT GRANTS

    For rural cooperative development grants authorized under 
section 310B(e) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be 
for cooperative agreements for the appropriate technology 
transfer for rural areas program: Provided, That not to exceed 
$1,500,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to 
small, minority producers and whose governing board and/or 
membership is comprised of at least 75 percent minority; and of 
which not to exceed $15,500,000, to remain available until 
expended, shall be for value-added agricultural product market 
development grants, as authorized by section 6401 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

       RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

    For grants in connection with second and third rounds of 
empowerment zones and enterprise communities, $12,500,000, to 
remain available until expended, for designated rural 
empowerment zones and rural enterprise communities, as 
authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999 (Public Law 105-277): Provided, That of the funds 
appropriated, $1,000,000 shall be made available to third round 
empowerment zones, as authorized by the Community Renewal Tax 
Relief Act (Public Law 106-554).

                        RENEWABLE ENERGY PROGRAM

    For the cost of a program of direct loans, loan guarantees, 
and grants, under the same terms and conditions as authorized 
by section 9006 of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed 
renewable energy loans and grants: Provided, That the cost of 
direct loans and loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                        Rural Utilities Service

   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

    Insured loans pursuant to the authority of section 305 of 
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be 
made as follows: 5 percent rural electrification loans, 
$120,000,000; municipal rate rural electric loans, 
$100,000,000; loans made pursuant to section 306 of that Act, 
rural electric, $2,100,000,000; Treasury rate direct electric 
loans, $1,000,000,000; guaranteed underwriting loans pursuant 
to section 313A, $1,000,000,000; 5 percent rural 
telecommunications loans, $145,000,000; cost of money rural 
telecommunications loans, $250,000,000; and for loans made 
pursuant to section 306 of that Act, rural telecommunications 
loans, $125,000,000.
    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, including the cost of 
modifying loans, of direct and guaranteed loans authorized by 
sections 305 and 306 of the Rural Electrification Act of 1936 
(7 U.S.C. 935 and 936), as follows: cost of rural electric 
loans, $5,058,000, and the cost of telecommunications loans, 
$100,000: Provided, That notwithstanding section 305(d)(2) of 
the Rural Electrification Act of 1936, borrower interest rates 
may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $38,277,000 which 
shall be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses''.

                  RURAL TELEPHONE BANK PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such 
corporation in accord with law, and to make such contracts and 
commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control 
Act, as may be necessary in carrying out its authorized 
programs. During fiscal year 2005 and within the resources and 
authority available, gross obligations for the principal amount 
of direct loans shall be $175,000,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,152,000, which 
shall be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses''.

         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

    For the principal amount of direct distance learning and 
telemedicine loans, $50,000,000; and for the principal amount 
of direct broadband telecommunication loans, $550,000,000.
    For the cost of direct loans and grants for telemedicine 
and distance learning services in rural areas, as authorized by 
7 U.S.C. 950aaa et seq., $35,710,000, to remain available until 
expended, of which $710,000 shall be for direct loans: 
Provided, That the cost of direct loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided 
further, That $10,000,000 shall be made available to convert 
analog to digital operation those noncommercial educational 
television broadcast stations that serve rural areas and are 
qualified for Community Service Grants by the Corporation for 
Public Broadcasting under section 396(k) of the Communications 
Act of 1934, including associated translators and repeaters, 
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting 
technologies.
    For the cost of broadband loans, as authorized by 7 U.S.C. 
901 et seq., $11,715,000, to remain available until September 
30, 2006: Provided, That the interest rate for such loans shall 
be the cost of borrowing to the Department of the Treasury for 
obligations of comparable maturity: Provided further, That the 
cost of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    In addition, $9,000,000, to remain available until 
expended, for a grant program to finance broadband transmission 
in rural areas eligible for Distance Learning and Telemedicine 
Program benefits authorized by 7 U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary salaries and expenses of the Office of the 
Under Secretary for Food, Nutrition and Consumer Services to 
administer the laws enacted by the Congress for the Food and 
Nutrition Service, $595,000.

                       Food and Nutrition Service

                        CHILD NUTRITION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out the National School 
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except 
sections 17 and 21; $11,782,000,000, to remain available 
through September 30, 2006, of which $6,629,038,000 is hereby 
appropriated and $5,152,962,000 shall be derived by transfer 
from fundsavailable under section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c): Provided, That none of the funds made available 
under this heading shall be used for studies and evaluations: Provided 
further, That up to $5,235,000 shall be available for independent 
verification of school food service claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

    For necessary expenses to carry out the special 
supplemental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$5,277,250,000, to remain available through September 30, 2006, 
of which $125,000,000 shall be placed in reserve, to remain 
available until expended, to be allocated as the Secretary 
deems necessary, notwithstanding section 17(i) of such Act, to 
support participation should cost or participation exceed 
budget estimates: Provided, That of the total amount available, 
the Secretary shall obligate not less than $15,000,000 for a 
breastfeeding support initiative in addition to the activities 
specified in section 17(h)(3)(A): Provided further, That 
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 
shall be available for the purposes specified in section 
17(h)(10)(B): Provided further, That none of the funds made 
available under this heading shall be used for studies and 
evaluations: Provided further, That none of the funds in this 
Act shall be available to pay administrative expenses of WIC 
clinics except those that have an announced policy of 
prohibiting smoking within the space used to carry out the 
program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant 
formula except in accordance with the cost containment and 
competitive bidding requirements specified in section 17 of 
such Act: Provided further, That none of the funds provided 
shall be available for activities that are not fully reimbursed 
by other Federal Government departments or agencies unless 
authorized by section 17 of such Act.

                           FOOD STAMP PROGRAM

    For necessary expenses to carry out the Food Stamp Act (7 
U.S.C. 2011 et seq.), $35,154,554,000, of which $3,000,000,000 
to remain available through September 30, 2006, shall be placed 
in reserve for use only in such amounts and at such times as 
may become necessary to carry out program operations: Provided, 
That none of the funds made available under this heading shall 
be used for studies and evaluations: Provided further, That of 
the funds made available under this heading and not already 
appropriated to the Food Distribution Program on Indian 
Reservations (FDPIR) established under section 4(b) of the Food 
Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 
shall be used to purchase bison meat for the FDPIR from Native 
American bison producers as well as from producer-owned 
cooperatives of bison ranchers: Provided further, That funds 
provided herein shall be expended in accordance with section 16 
of the Food Stamp Act: Provided further, That this 
appropriation shall be subject to any work registration or 
workfare requirements as may be required by law: Provided 
further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as 
authorized by section 16(h)(1) of the Food Stamp Act: Provided 
further, That notwithstanding section 5(d) of the Food Stamp 
Act of 1977, any additional payment received under chapter 5 of 
title 37, United States Code, by a member of the United States 
Armed Forces deployed to a designated combat zone shall be 
excluded from household income for the duration of the member's 
deployment if the additional pay is the result of deployment to 
or while serving in a combat zone, and it was not received 
immediately prior to serving in the combat zone.

                      COMMODITY ASSISTANCE PROGRAM

    For necessary expenses to carry out disaster assistance and 
the commodity supplemental food program as authorized by 
section 4(a) of the Agriculture and Consumer Protection Act of 
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 
1983; and special assistance (in a form determined by the 
Secretary of Agriculture) for the nuclear affected islands, as 
authorized by section 103(f)(2) of the Compact of Free 
Association Amendments Act of 2003 (Public Law 108-188); and 
the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $178,797,000, to 
remain available through September 30, 2006: Provided, That 
none of these funds shall be available to reimburse the 
Commodity Credit Corporation for commodities donated to the 
program: Provided further, That notwithstanding any other 
provision of law, effective with funds made available in fiscal 
year 2005 to support the Senior Farmers' Market Nutrition 
Program, as authorized by section 4402 of Public Law 107-171, 
such funds shall remain available through September 30, 2006.

                   NUTRITION PROGRAMS ADMINISTRATION

    For necessary administrative expenses of the domestic 
nutrition assistance programs funded under this Act, 
$139,937,000, of which $5,000,000 shall be available only for 
simplifying procedures, reducing overhead costs, tightening 
regulations, improving food stamp benefit delivery, and 
assisting in the prevention, identification, and prosecution of 
fraud and other violations of law.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 
(7 U.S.C. 1761-1768), market development activities abroad, and 
for enabling the Secretary to coordinate and integrate 
activities of the Department in connection with foreign 
agricultural work, including not to exceed $158,000 for 
representation allowances and for expenses pursuant to section 
8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 
$137,822,000: Provided, That the Service may utilize advances 
of funds, or reimburse this appropriation for expenditures made 
on behalf of Federal agencies, public and private organizations 
and institutions under agreements executed pursuant to the 
agricultural food production assistance programs (7 U.S.C. 
1737) and the foreign assistance programs of the United States 
Agency for International Development.

                 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of agreements under the 
Agricultural Trade Development and Assistance Act of 1954, and 
the Food for Progress Act of 1985, including the cost of 
modifying credit arrangements under said Acts, $94,198,000, to 
remain available until expended: Provided, That the Secretary 
of Agriculture may implement a commodity monetization program 
under existing provisions of the Food for Progress Act of 1985 
to provide no less than $5,000,000 in local-currency funding 
support for rural electrification development overseas.
    In addition, for administrative expenses to carry out the 
credit program of title I, Public Law 83-480, and the Food for 
Progress Act of 1985, to the extent funds appropriated for 
Public Law 83-480 are utilized, $4,034,000, of which $1,097,000 
may be transferred to and merged with the appropriation for 
``Foreign Agricultural Service, Salaries and Expenses'', and of 
which $2,937,000 may be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and 
Expenses''.

        PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural 
Trade Development and Assistance Act of 1954 and under the Food 
for Progress Act of 1985, $22,723,000, to remain available 
until expended: Provided, That funds made available for the 
cost of agreements under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and for title I ocean 
freight differential may be used interchangeably between the 
two accounts with prior notice to the Committees on 
Appropriations of both Houses of Congress.

                     PUBLIC LAW 480 TITLE II GRANTS

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including 
interest thereon, under the Agricultural Trade Development and 
Assistance Act of 1954, for commodities supplied in connection 
with dispositions abroad under title II of said Act, 
$1,182,501,000, to remain available until expended.

       COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For administrative expenses to carry out the Commodity 
Credit Corporation's export guarantee program, GSM 102 and GSM 
103, $4,423,000; to cover common overhead expenses as permitted 
by section 11 of the Commodity Credit Corporation Charter Act 
and in conformity with the Federal Credit Reform Act of 1990, 
of which $3,421,000 may be transferred to and merged with the 
appropriation for ``Foreign Agricultural Service, Salaries and 
Expenses'', and of which $1,002,000 may be transferred to and 
merged with the appropriation for ``Farm Service Agency, 
Salaries and Expenses''.

  MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

    For necessary expenses to carry out the provisions of 
section 3107 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 1736o-1), $87,500,000, to remain available until 
expended: Provided, That the Commodity Credit Corporation is 
authorized to provide the services, facilities, and authorities 
for the purpose of implementing such section, subject to 
reimbursement from amounts provided herein.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for 
payment of space rental and related costs pursuant to Public 
Law 92-313 for programs and activities of the Food and Drug 
Administration which are included in this Act; for rental of 
special purpose space in the District of Columbia or elsewhere; 
for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be 
accounted for solely on the Secretary's certificate, not to 
exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $1,788,478,000: Provided, That of the amount provided 
under this heading, $284,394,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h, and 
shall be credited to this account and remain available until 
expended; $33,938,000 shall be derived from medical device user 
fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended; and 
$8,354,000 shall be derived from animal drug user fees 
authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended: Provided further, 
That fees derived from prescription drug, medical device, and 
animal drug assessments received during fiscal year 2005, 
including any such fees assessed prior to the current fiscal 
year but credited during the current year, shall be subject to 
the fiscal year 2005 limitation: Provided further, That none of 
these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701: Provided 
further, That of the total amount appropriated: (1) 
$439,038,000 shall be for the Center for Food Safety and 
Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $498,647,000 shall be for the Center 
for Drug Evaluation and Research and related field activities 
in the Office of Regulatory Affairs; (3) $172,714,000 shall be 
for the Center for Biologics Evaluation and Research and for 
related field activities in the Office of Regulatory Affairs; 
(4) $98,964,000 shall be for the Center for Veterinary Medicine 
and for related field activities in the Office of Regulatory 
Affairs;(5) $235,078,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $40,530,000 shall be for the National Center 
for Toxicological Research; (7) $57,722,000 shall be for Rent and 
Related activities, other than the amounts paid to the General Services 
Administration for rent; (8) $129,815,000 shall be for payments to the 
General Services Administration for rent; and (9) $115,970,000 shall be 
for other activities, including the Office of the Commissioner; the 
Office of Management; the Office of External Relations; the Office of 
Policy and Planning; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 
263b may be credited to this account, to remain available until 
expended.
    In addition, export certification user fees authorized by 
21 U.S.C. 381 may be credited to this account, to remain 
available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the 
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
purchase and hire of passenger motor vehicles, and the rental 
of space (to include multiple year leases) in the District of 
Columbia and elsewhere, $94,327,000, including not to exceed 
$3,000 for official reception and representation expenses.

                       Farm Credit Administration

                 LIMITATION ON ADMINISTRATIVE EXPENSES

    Not to exceed $42,350,000 (from assessments collected from 
farm credit institutions and from the Federal Agricultural 
Mortgage Corporation) shall be obligated during the current 
fiscal year for administrative expenses as authorized under 12 
U.S.C. 2249: Provided, That this limitation shall not apply to 
expenses associated with receiverships.

                     TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically 
provided for, of not to exceed 388 passenger motor vehicles, of 
which 388 shall be for replacement only, and for the hire of 
such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available 
for employment pursuant to the second sentence of section 
706(a) of the Department of Agriculture Organic Act of 1944 (7 
U.S.C. 2225) and 5 U.S.C. 3109.
    Sec. 704. New obligational authority provided for the 
following appropriation items in this Act shall remain 
available until expended: Animal and Plant Health Inspection 
Service, the contingency fund to meet emergency conditions, 
information technology infrastructure, fruit fly program, 
emerging plant pests, boll weevil program, low pathogen avian 
influenza program, up to $33,197,000 in animal health 
monitoring and surveillance for the animal identification 
system, up to $3,000,000 in the emergency management systems 
program for the vaccine bank, up to $1,000,000 for wildlife 
services methods development, up to $1,000,000 of the wildlife 
services operations program for aviation safety, and up to 25 
percent of the screwworm program; Food Safety and Inspection 
Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, 
funds for competitive research grants (7 U.S.C. 450i(b)), funds 
for the Research, Education, and Economics Information System, 
and funds for the Native American Institutions Endowment Fund; 
Farm Service Agency, salaries and expenses funds made available 
to county committees; Foreign Agricultural Service, middle-
income country training program, and up to $1,565,000 of the 
Foreign Agricultural Service appropriation solely for the 
purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign 
Agricultural Service.
    Sec. 705. The Secretary of Agriculture may transfer 
unobligated balances of discretionary funds appropriated by 
this Act or other available unobligated discretionary balances 
of the Department of Agriculture to the Working Capital Fund 
for the acquisition of plant and capital equipment necessary 
for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the 
Department of Agriculture: Provided, That none of the funds 
made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior 
approval of the agency administrator: Provided further, That 
none of the funds transferred to the Working Capital Fund 
pursuant to this section shall be available for obligation 
without the prior approval of the Committees on Appropriations 
of both Houses of Congress.
    Sec. 706. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations 
available to the Department of Agriculture in this Act shall be 
available to provide appropriate orientation and language 
training pursuant to section 606C of the Act of August 28, 1954 
(7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to 
pay negotiated indirect cost rates on cooperative agreements or 
similar arrangements between the United States Department of 
Agriculture and nonprofit institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of 
mutual interest between the two parties. This does not preclude 
appropriate payment of indirect costs on grants and contracts 
with such institutions when such indirect costs are computed on 
a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available 
to restrict the authority of the Commodity Credit Corporation 
to lease space for its own use or to lease space on behalf of 
other agencies of the Department of Agriculture when such space 
will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available 
to pay indirect costs charged against competitive agricultural 
research, education, or extension grant awards issued by the 
Cooperative State Research, Education, and Extension Service 
that exceed 20 percent of total Federal funds provided under 
each award: Provided, That notwithstanding section 1462 of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for 
grants awarded competitively by the Cooperative State Research, 
Education, and Extension Service shall be available to pay full 
allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, 
all loan levels provided in this Act shall be considered 
estimates, not limitations.
    Sec. 712. Appropriations to the Department of Agriculture 
for the cost of direct and guaranteed loans made available in 
the current fiscal year shall remain available until expended 
to cover obligations made in the current fiscal year for the 
following accounts: the Rural Development Loan Fund program 
account, the Rural Telephone Bank program account, the Rural 
Electrification and Telecommunication Loans program account, 
and the Rural Housing Insurance Fund program account.
    Sec. 713. None of the funds in this Act may be used to 
retire more than 5 percent of the Class A stock of the Rural 
Telephone Bank or to maintain any account or subaccount within 
the accounting records of the Rural Telephone Bank the creation 
of which has not specifically been authorized by statute: 
Provided, That notwithstanding any other provision of law, none 
of the funds appropriated or otherwise made available in this 
Act may be used to transfer to the Treasury or to the Federal 
Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of 
current requirements and such balance shall receive interest as 
set forth for financial accounts in section 505(c) of the 
Federal Credit Reform Act of 1990.
    Sec. 714. Of the funds made available by this Act, not more 
than $1,800,000 shall be used to cover necessary expenses of 
activities related to all advisory committees, panels, 
commissions, and task forces of the Department of Agriculture, 
except for panels used to comply with negotiated rule makings 
and panels used to evaluate competitively awarded grants.
    Sec. 715. None of the funds appropriated by this Act may be 
used to carry out section 410 of the Federal Meat Inspection 
Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
Inspection Act (21 U.S.C. 471).
    Sec. 716. No employee of the Department of Agriculture may 
be detailed or assigned from an agency or office funded by this 
Act to any other agency or office of the Department for more 
than 30 days unless the individual's employing agency or office 
is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of 
assignment.
    Sec. 717. None of the funds appropriated or otherwise made 
available to the Department of Agriculture shall be used to 
transmit or otherwise make available to any non-Department of 
Agriculture employee questions or responses to questions that 
are a result of information requested for the appropriations 
hearing process.
    Sec. 718. None of the funds made available to the 
Department of Agriculture by this Act may be used to acquire 
new information technology systems or significant upgrades, as 
determined by the Office of the Chief Information Officer, 
without the approval of the Chief Information Officer and the 
concurrence of the Executive Information Technology Investment 
Review Board: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of 
the Chief Information Officer without the prior approval of the 
Committees on Appropriations of both Houses of Congress: 
Provided further, That none of the funds available to the 
Department of Agriculture for information technology shall be 
obligated for projects over $25,000 prior to receipt of written 
approval by the Chief Information Officer.
    Sec. 719. (a) None of the funds provided by this Act, or 
provided by previous Appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of 
fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Committees 
on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in the 
current fiscal year, or provided fromany accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for activities, programs, or projects through 
a reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by 
Congress; or (3) results from any general savings from a reduction in 
personnel which would result in a change in existing programs, 
activities, or projects as approved by Congress; unless the Committees 
on Appropriations of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health 
and Human Services, or the Chairman of the Commodity Futures 
Trading Commission shall notify the Committees on 
Appropriations of both Houses of Congress before implementing a 
program or activity not carried out during the previous fiscal 
year unless the program or activity is funded by this Act or 
specifically funded by any other Act.
    Sec. 720. With the exception of funds needed to administer 
and conduct oversight of grants awarded and obligations 
incurred in prior fiscal years, none of the funds appropriated 
or otherwise made available by this or any other Act may be 
used to pay the salaries and expenses of personnel to carry out 
the provisions of section 401 of Public Law 105-185, the 
Initiative for Future Agriculture and Food Systems (7 U.S.C. 
7621).
    Sec. 721. None of the funds appropriated by this or any 
other Act shall be used to pay the salaries and expenses of 
personnel who prepare or submit appropriations language as part 
of the President's Budget submission to the Congress of the 
United States for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies that assumes 
revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior 
to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in 
the event the user fees proposals are not enacted prior to the 
date of the convening of a committee of conference for the 
fiscal year 2006 appropriations Act.
    Sec. 722. None of the funds made available by this or any 
other Act may be used to close or relocate a state Rural 
Development office unless or until cost effectiveness and 
enhancement of program delivery have been determined.
    Sec. 723. In addition to amounts otherwise appropriated or 
made available by this Act, $2,500,000 is appropriated for the 
purpose of providing Bill Emerson and Mickey Leland Hunger 
Fellowships, through the Congressional Hunger Center.
    Sec. 724. Notwithstanding section 412 of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f), 
any balances available to carry out title III of such Act as of 
the date of enactment of this Act, and any recoveries and 
reimbursements that become available to carry out title III of 
such Act, may be used to carry out title II of such Act.
    Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 
striking ``$26,998,000'' and inserting ``$27,998,000''.
    Sec. 726. (a) None of the funds appropriated or otherwise 
made available by this Act shall be used to pay the salaries 
and expenses of personnel to collect from the lender at the 
time of issuance a guarantee fee of less than 2 percent of the 
principal obligation of guaranteed single-family housing loans 
administered by the Rural Housing Service: Provided, That this 
section shall not apply to loans made to refinance other 
single-family housing loans administered by the Rural Housing 
Service.
    (b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 
U.S.C. 1472(h)(6)(C)) is amended by adding, ``, plus the 
guarantee fee as authorized by subsection (h)(7)'' after the 
phrase, ``whichever is less'', in each of paragraphs (i) and 
(ii).
    Sec. 727. Notwithstanding any other provision of law, and 
until receipt of the decennial Census in the year 2010, the 
Secretary of Agriculture shall consider--
            (1) the City of Salinas, California; the City of 
        Watsonville, California; and the City of Hollister, 
        California, eligible for programs administered by the 
        Rural Housing Service;
            (2) the Town of Horseshoe Beach, Florida; the City 
        of Wewahitchka, Florida; the City of Southport, 
        Florida; the City of Resota Beach, Florida; the City of 
        Creedmoor, North Carolina; the County of Lake, Florida; 
        the City of St. Cloud, Florida; the City of Plantation, 
        Florida; the Cleburne County Water Authority of 
        Alabama; and the City of Coburg, Oregon, eligible for 
        loans and grants funded through the rural utilities 
        programs in the Rural Community Advancement Program 
        account;
            (3) the City of Casa Grande, Arizona, a rural area 
        for purposes of eligibility for loans and grants 
        provided through the Rural Housing Insurance Fund 
        Program account, the Rural Housing Assistance Grants 
        account and the rural utilities programs in the Rural 
        Community Advancement Program account;
            (4) the City of Coachella, California, eligible for 
        loans and grants funded through the rural utilities 
        programs and rural business and cooperative development 
        programs in the Rural Community Advancement Program 
        account and the Rural Housing Insurance Fund Program 
        account;
            (5) the City of Springfield, Ohio; the City of 
        Lexington, Virginia; the City of Clarksdale, 
        Mississippi; the City of Vicksburg, Mississippi; the 
        City of Cache, Oklahoma; and the City of Elgin, 
        Oklahoma, eligible for loans and grants funded through 
        the rural community programs in the Rural Community 
        Advancement Program account;
            (6) the City of Carbondale, Illinois, a rural area 
        for purposes of eligibility for loans and grants funded 
        through the Rural Housing Insurance Fund Program 
        account and the Rural Housing Assistance Grants 
        account;
            (7) the City of St. Joseph, Missouri, eligible for 
        loans and grants funded through the rural businessand 
cooperative development programs in the Rural Community Advancement 
Program account relating to an application submitted to the Department 
by a farmer-owned cooperative, a majority of whose members reside in a 
rural area, as determined by the Secretary, and for the purchase and 
operation of a facility beneficial to the purpose of the cooperative; 
and
            (8) the fiber-to-premises broadband facilities in 
        St. Lucie County, Florida, and the City of Port St. 
        Lucie, Florida, collectively, to meet the eligibility 
        requirements for loans and loan guarantees under 
        section 601 of the Rural Electrification Act of 1936 (7 
        U.S.C. 950bb).
    Sec. 728. Of any shipments of commodities made pursuant to 
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent 
practicable, direct that tonnage equal in value to not more 
than $25,000,000 shall be made available to foreign countries 
to assist in mitigating the effects of the Human 
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome 
on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency 
                Virus or Acquired Immune Deficiency Syndrome in 
                the communities; and
                    (B) households in the communities, 
                particularly individuals caring for orphaned 
                children; and
            (2) agricultural commodities monetized to provide 
        other assistance (including assistance under 
        microcredit and microenterprise programs) to create or 
        restore sustainable livelihoods among individuals in 
        the communities, particularly individuals caring for 
        orphaned children.
    Sec. 729. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial 
and technical assistance to the DuPage County, Illinois, Kress 
Creek Water Quality Enhancement Project, from funds available 
for the Watershed and Flood Prevention Operations program, not 
to exceed $1,000,000 and Rockhouse Creek Watershed, Leslie 
County, Kentucky, not to exceed $1,000,000.
    Sec. 730. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service may provide financial 
and technical assistance through the Watershed and Flood 
Prevention Operations program for the Kuhn Bayou project in 
Arkansas, the Matanuska River erosion control project in 
Alaska, the DuPage County watershed project in Illinois, and 
the Coal Creek project in Utah.
    Sec. 731. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this or any other 
appropriation Act.
    Sec. 732. Notwithstanding any other provision of law, of 
the funds made available in this Act for competitive research 
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20 
percent of the amount provided to carry out a competitive 
grants program under the same terms and conditions as those 
provided in section 401 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
    Sec. 733. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 14(h)(1) of the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 
1012(h)(1)).
    Sec. 734. None of the funds made available to the Food and 
Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Pharmaceutical Analysis in St. 
Louis, Missouri, outside the city or county limits of St. 
Louis, Missouri.
    Sec. 735. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out subtitle I of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd 
through dd-7).
    Sec. 736. Agencies and offices of the Department of 
Agriculture may utilize any unobligated salaries and expenses 
funds to reimburse the Office of the General Counsel for 
salaries and expenses of personnel, and for other related 
expenses, incurred in representing such agencies and offices in 
the resolution of complaints by employees or applicants for 
employment, and in cases and other matters pending before the 
Equal Employment Opportunity Commission, the Federal Labor 
Relations Authority, or the Merit Systems Protection Board with 
the prior approval of the Committees on Appropriations of both 
Houses of Congress.
    Sec. 737. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 6405 of Public Law 
107-171 (7 U.S.C. 2655).
    Sec. 738. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have 
statutory authority to purchase interest bearing investments 
outside of the Treasury, are not required to establish 
obligations and outlays for those investments, provided those 
investments are insured by the Federal Deposit Insurance 
Corporation or are collateralized at the Federal Reserve with 
securities approved by the Federal Reserve, operating under the 
guidelines of the United States Department of the Treasury.
    Sec. 739. Of the funds made available under section 27(a) 
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 
Secretary may use up to $10,000,000 for costs associated with 
the distribution of commodities.
    Sec. 740. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to enroll in excess of 
154,500 acres in the calendar year 2005 wetlands reserve 
program as authorized by 16 U.S.C. 3837.
    Sec. 741. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel who carry out an 
environmental quality incentives program authorized by chapter 
4 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3839aa et seq.) in excess of $1,017,000,000.
    Sec. 742. Hereafter, the Secretary of Agriculture is 
authorized to permit employees of the United States Department 
of Agriculture to carry and use firearms for personal 
protection while conducting field work in remote locations in 
the performance of their official duties.
    Sec. 743. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend the $23,000,000 
made available by section 9006(f) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
    Sec. 744. With the exception of funds provided in fiscal 
year 2003, none of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend the $40,000,000 
made available by section 601(j)(1)(A) of the Rural 
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)).
    Sec. 745. None of the funds made available in fiscal year 
2005 or preceding fiscal years for programs authorized under 
the Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used 
to reimburse the Commodity Credit Corporation for the release 
of eligible commodities under section 302(f)(2)(A) of the Bill 
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided, 
That any such funds made available to reimburse the Commodity 
Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 746. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend the $80,000,000 
made available by section 6401(a) of Public Law 107-171.
    Sec. 747. Notwithstanding subsections (c) and (e)(2) of 
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c) 
and (e)(2)) in implementing section 313A of that Act, the 
Secretary shall, with the consent of the lender, structure the 
schedule for payment of the annual fee, not to exceed an 
average of 30 basis points per year for the term of the loan, 
to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.
    Sec. 748. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service may provide from 
appropriated funds financial and technical assistance to the 
Dry Creek project, Utah.
    Sec. 749. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out a Conservation 
Security Program authorized by 16 U.S.C. 3838, et seq., in 
excess of $202,411,000.
    Sec. 750. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out section 2502 of 
Public Law 107-171 in excess of $47,000,000.
    Sec. 751. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out section 2503 of 
Public Law 107-171 in excess of $112,000,000.
    Sec. 752. The Secretary of Agriculture shall use 
$30,000,000 of the funds of the Commodity Credit Corporation, 
to remain available until expended, to compensate commercial 
citrus and lime growers in the State of Florida for tree 
replacement and for lost production with respect to trees 
removed to control citrus canker, and with respect to certified 
citrus nursery stocks within the citrus canker quarantine 
areas, as determined by the Secretary. For a grower to receive 
assistance for a tree under this section, the tree must have 
been removed after September 30, 2001.
    Sec. 753. Not more than $10,000,000 for fiscal year 2005 of 
the funds appropriated or otherwise made available by this or 
any other Act shall be used to carry out Section 6029 of Public 
Law 107-171.
    Sec. 754. None of the funds appropriated or otherwise made 
available in this Act shall be expended to violate Public Law 
105-264.
    Sec. 755. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out a ground and 
surface water conservation program authorized by section 2301 
of Public Law 107-171 in excess of $51,000,000.
    Sec. 756. None of the funds made available by this Act may 
be used to issue a final rule in furtherance of, or otherwise 
implement, the proposed rule on cost-sharing for animal and 
plant health emergency programs of the Animal and Plant Health 
Inspection Service published on July 8, 2003 (Docket No. 02-
062-1; 68 Fed. Reg. 40541).
    Sec. 757. None of the funds made available in this Act may 
be used to study, complete a study of, or enter into a contract 
with a private party to carry out, without specific 
authorization in a subsequent Act of Congress, a competitive 
sourcing activity of the Secretary of Agriculture, including 
support personnel of the Department of Agriculture, relating to 
rural development or farm loan programs.
    Sec. 758. Notwithstanding any other provision of law, the 
Secretary of Agriculture may use appropriations available to 
the Secretary for activities authorized under sections 426-426c 
of title 7, United States Code, under this or any other Act, to 
enter into cooperative agreements, with a State, political 
subdivision, or agency thereof, a public or private agency, 
organization, or any other person, to lease aircraft if the 
Secretary determines that the objectives of the agreement will: 
(1) serve a mutual interest of the parties to the agreement in 
carrying out the programs administered by the Animal and Plant 
Health Inspection Service, Wildlife Services; and (2) all 
parties will contribute resources to the accomplishment of 
these objectives; award of a cooperative agreement authorized 
by the Secretary may be made for an initial term not to exceed 
5 years.
    Sec. 759. There is hereby appropriated $1,491,000, to 
remain available until September 30, 2006, to carry out section 
6028 of Public Law 107-171: Provided, That notwithstanding 
section 383B(g)(1) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share of 
the administrative expenses of the Northern Great Plains 
Regional Authority for fiscal year 2005 shall be 100 percent.
    Sec. 760. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out section 9010 of 
Public Law 107-171 in excess of $100,000,000.
    Sec. 761. (a) The matter under the heading ``Rural 
Community Advancement Program'' in division A--Agriculture, 
Rural Development, Food and Drug Administration, and Related 
Agencies Programs Appropriations, 2004, title III--Rural 
Development Programs, in Public Law 108-199 is amended by 
striking ``$1,750,000 shall be for grants to the Delta Regional 
Authority (7 U.S.C. 1921 et seq.); and not less than $2,000,000 
shall be available for grants in accordance with section 
310B(f) of the Consolidated Farm and Rural Development Act'' 
and inserting ``and not less than $2,000,000 shall be available 
for grants in accordance with section 310B(f) of the 
Consolidated Farm and Rural Development Act: Provided further, 
That of the total amount appropriated in this account, 
$1,750,000 shall be for grants to the Delta Regional Authority 
(7 U.S.C. 1921 et seq.) for any Rural Community Advancement 
Program purpose''.
    (b) Consistent with any legal commitments made by the Delta 
Regional Authority, at the request of the Authority and if the 
Secretary of Agriculture agrees, the Secretary may deobligate 
any unexpended Rural Community Advancement Program grant funds 
made to the Authority pursuant to division A of Public Law 108-
7: Provided, That such reobligated funds are used by the 
Authority for projects that are consistent with the purposes of 
the Rural Housing Service Community Facilities Program.
    Sec. 762. Of the unobligated balances available in the 
Rural Housing Assistance Grant Program account, $1,000,000 is 
hereby rescinded.
    Sec. 763. Agencies and offices of the Department of 
Agriculture may utilize any available discretionary funds to 
cover the costs of preparing, or contracting for the 
preparation of, final agency decisions regarding complaints of 
discrimination in employment or program activities arising 
within such agencies and offices.
    Sec. 764. Of the unobligated balances available in the 
Rural Housing Insurance Fund Program account, $3,000,000 is 
hereby rescinded.
    Sec. 765. Notwithstanding any other provision of law, for 
any fiscal year and hereafter, in the case of a high cost 
isolated rural area in Alaska that is not connected to a road 
system, the maximum level for the single family housing 
assistance shall be 150 percent of the average income level in 
the metropolitan areas of the State and 115 percent of all 
other eligible areas of the State.
    Sec. 766. Funds made available under section 1240I and 
section 1241(a) of the Food Security Act of 1985 in fiscal 
years 2002, 2003, 2004, and 2005 shall remain available until 
expended to cover obligations made in fiscal years 2002, 2003, 
2004, and 2005, respectively, and are not available for new 
obligations.
    Sec. 767. There is hereby appropriated $1,500,000, to 
remain available until expended, for the Denali Commission to 
address deficiencies in solid waste disposal sites which 
threaten to contaminate rural drinking water supplies.
    Sec. 768. Notwithstanding any other provision of law--
            (1)(A) the Alaska Department of Community and 
        Economic Development shall be eligible to receive a 
        water and waste disposal grant under section 306(a) of 
        the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1926(a)) in an amount that is equal to not more 
        than 75 percent of the total cost of providing water 
        and sewer service to the proposed hospital in the 
        Matanuska-Susitna Borough, Alaska; and
            (B) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds 
        through to the local government entity that will 
        provide water and sewer service to the hospital;
            (2) or any percentage of cost limitation in current 
        law or regulations, the construction projects known as 
        the Tri-Valley Community Center addition in Healy, 
        Alaska; the Cold Climate Housing Research Center in 
        Fairbanks, Alaska; and the University of Alaska-
        Fairbanks Allied Health Learning Center skill labs/
        classrooms shall be eligible to receive Community 
        Facilities grants in amounts that are equal to not more 
        than 75 percent of the total facility costs: Provided, 
        That for the purposes of this paragraph, the Cold 
        Climate Housing Research Center is designated an 
        ``essential community facility'' for rural Alaska;
            (3) the Secretary shall consider the City of 
        Guymon, Oklahoma; the City of Shawnee, Oklahoma; the 
        Village of New Miami, Ohio; the City of Vicksburg, 
        Mississippi; and the City of Altus, Oklahoma, to be 
        eligible for loans and grants provided through the 
        Rural Housing Insurance Fund until receipt of the 
        decennial Census in the year 2010;
            (4) grants made under section 306(a)(19) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 
        1926(a)(19)) using funds made available under this Act 
        for the cities of Ellisville and Waynesboro, 
        Mississippi, shall be made without a non-Federal cost 
        share requirement;
            (5) the City of Great Falls, Montana, shall be 
        considered a rural area for purposes of eligibility for 
        business and industry guaranteed loans under section 
        310B(a)(1) of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1932(a)(1)) until receipt of 
        the decennial Census in the year 2010;
            (6) the Secretary may consider the Piedmont 
        Municipal Power Agency of South Carolina eligible to 
        participate in programs administered by the Rural 
        Utilities Service until receipt of the decennial Census 
        in the year 2010; and
            (7) until receipt of the decennial Census for the 
        year 2010, for all activities under programs of the 
        Rural Development Mission Area within the County of 
        Honolulu, Hawaii, the Secretary may designate any 
        portion of the county as a rural area or eligible rural 
        community that the Secretary determines is not urban in 
        character: Provided, That the Secretary shall not 
        include in any such rural area or eligible rural 
        community any area included in the Honolulu Census 
        Designated Place as determined by the Secretary of 
        Commerce.
    Sec. 769. Section 501 of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1737) is amended--
            (1) in subsection (b)(1), by inserting ``and Doug 
        Bereuter'' after ``John Ogonowski''; and
            (2) in the heading, by inserting ``AND DOUG 
        BEREUTER'' after ``JOHN OGONOWSKI''.
    Sec. 770. Notwithstanding the provisions of the 
Consolidated Farm and Rural Development Act (including the 
associated regulations) governing the Community Facilities 
Program, the Secretary may allow all Community Facility Program 
facility borrowers and grantees to enter into contracts with 
not-for-profit third parties for services consistent with the 
requirements of the Program, grant, and/or loan: Provided, That 
the contracts protect the interests of the Government regarding 
cost, liability, maintenance, and administrative fees.
    Sec. 771. Notwithstanding any other provision of law, the 
Secretary of Agriculture is authorized to make funding and 
other assistance available through the emergency watershed 
protection program under section 403 of the Agricultural Credit 
Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to 
non-Federal land in watersheds that have been impaired by fires 
initiated by the Federal Government and shall waive cost 
sharing requirements for the funding and assistance.
    Sec. 772. None of the funds made available in this Act may 
be used to provide credits or credit guarantees for 
agricultural commodities provided for use in Iraq in violation 
of subsection (e) or (f) of section 202 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5622).
    Sec. 773. None of the funds provided in this Act may be 
used for salaries and expenses to carry out any regulation or 
rule insofar as it would make ineligible for enrollment in the 
conservation reserve program established under subchapter B of 
chapter 1 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3831 et seq.) land that is planted to 
hardwood trees as of the date of enactment of this Act and was 
enrolled in the conservation reserve program under a contract 
that expired prior to calendar year 2002.
    Sec. 774. None of the funds made available in this Act may 
be used to restrict to prescription use a contraceptive that is 
determined to be safe and effective for use without the 
supervision of a practitioner licensed by law to administer 
prescription drugs under section 503(b) of the Federal Food, 
Drug, and Cosmetic Act.
    Sec. 775. Of the unobligated balances in the Local 
Television Loan Guarantee Program account, $88,000,000 are 
hereby rescinded.
    Sec. 776. Privacy Protection of Certain Sellers of Farm 
Products. Section 1324(c) of the Food Security Act of 1985 (7 
U.S.C. 1631(c)) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)(C)(ii)(II), by 
                inserting ``, or other approved unique 
                identifier,'' after both ``social security 
                number'' and ``identification number'';
                    (B) in paragraph (4)(C)(iii), by inserting 
                ``, or other approved unique identifier,'' 
                after both ``social security number'' and 
                ``identification number''; and
                    (C) by adding the following at the end:
            ``(5) The term `approved unique identifier' means a 
        number, combination of numbers and letters, or other 
        identifier selected by the Secretary of State using a 
        selection system or method approved by the Secretary of 
        Agriculture.''
            (2) in subsection (e)(1)(A)(ii)(III), by inserting 
        ``, or other approved unique identifier,'' after both 
        ``social security number'' and ``identification 
        number''; and
            (3) in subsection (g)(2)(A)(ii)(III), by inserting 
        ``, or other approved unique identifier,'' after both 
        ``social security number'' and ``identification 
        number''.
    Sec. 777. Section 532 of the Equity in Educational Land 
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 193-
382) is amended--
            (1) by redesignating paragraphs (23) through (32) 
        as paragraphs (24) through (33), respectively; and
            (2) by inserting after paragraph (22) the 
        following: ``(23) Tohono O`odham Community College.''.
    Sec. 778. Of the unobligated balances of funds in the 
Agricultural Conservation Program account, $3,500,000 are 
hereby rescinded.
    Sec. 779. Notwithstanding any other provision of law, the 
amounts made available to the Dakota Value Capture Cooperative 
under section 747 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations 
Act, 2002 (Public Law 107-76; 115 Stat. 738) shall remain 
available until expended for a project conducted by the Dakota 
Value Capture Cooperative at South Dakota State University.
    Sec. 780. None of the funds made available under this Act 
shall be available to pay the administrative expenses of a 
State agency that, after the date of enactment of this Act, 
authorizes any new for-profit vendor(s) to transact food 
instruments under the Special Supplemental Nutrition Program 
for Women, Infants, and Children if it is expected that more 
than 50 percent of the annual revenue of the vendor from the 
sale of food items will be derived from the sale of 
supplemental foods that are obtained with WIC food instruments, 
except that the Secretary may approve the authorization of such 
a vendor if the approval is necessary to assure participant 
access to program benefits.
    Sec. 781. Of the unobligated balances under section 32 of 
the Act of August 24, 1935, $163,000,000 are hereby rescinded.
    Sec. 782. Of the unobligated balances available to the 
Foreign Agricultural Service for the Public Law 480 Title I 
Program at the beginning of fiscal year 2005, $191,108,000 are 
hereby rescinded: Provided, That for purposes of determining 
the amount of funds available for transfer under section 412(b) 
of Public Law 83-480, as amended, the maximum amount of funds 
available for transfer shall be calculated based upon the total 
funds available prior to this rescission.
    Sec. 783. The Secretary of Agriculture may use any 
unobligated carryover funds made available for any program 
administered by the Rural Utilities Service (not including 
funds made available under the heading ``Rural Community 
Advancement Program'' in any Act of appropriation) to carry out 
section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 
940e).
    Sec. 784. None of the funds made available by this or any 
other Act may be used to reduce the mission, resources, 
staffing, facilities, or capabilities of the Wildlife Habitat 
Management Institute in Mississippi as in existence on December 
17, 2003.
    Sec. 785. Livestock Assistance. (a) In General.--In 
carrying out a livestock assistance, compensation, or feed 
program, the Secretary of Agriculture shall include elk, 
reindeer, and bison within the definition of ``livestock'' 
covered by the program.
    (b) Conforming Amendments.--
            (1) Section 602(2) of the Agricultural Act of 1949 
        (7 U.S.C. 1471(2)) is amended by inserting ``elk, 
        reindeer, bison,'' after ``cattle,''.
            (2) Section 10104 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 1472) is amended--
                    (A) by redesignating subsections (a) 
                through (d) as subsections (b) through (e), 
                respectively; and
                    (B) by inserting before subsection (b) (as 
                so redesignated) the following:
    ``(a) Definition of Livestock.--In this section, the term 
`livestock' includes elk, reindeer, and bison.''.
            (3) Section 203(d) of the Agricultural Assistance 
        Act of 2003 (Public Law 108-7; 117 Stat. 541) is 
        amended--
                    (A) by redesignating paragraph (2) as 
                paragraph (3); and
                    (B) by inserting after paragraph (1) the 
                following:
            ``(2) Livestock.--The term `livestock' includes 
        elk, reindeer, and bison.''.
    Sec. 786. There is hereby appropriated $1,000,000, to 
remain available until expended, to carry out provisions of 
Section 751 of Division A of Public Law 108-7.
    Sec. 787. There is hereby appropriated $500,000 for a grant 
to Alaska Village Initiatives for the purpose of administering 
a private lands wildlife management program in Alaska.
    Sec. 788. Technical Corrections. (a) Section 104(b)(1) of 
the Child Nutrition and WIC Reauthorization Act of 2004 (Public 
Law 108-265) is amended by striking the closing quotation marks 
and the following period at the end of section 9(b)(5)(A)(iv) 
of the Richard B. Russell National School Lunch Act (as added 
by that section 104(b)(1) of Public Law 108-265).
    (b) Section 13(a)(10) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section 
116(d) of Public Law 108-265) is amended--
            (1) in subparagraph (C), by striking ``2005'' and 
        inserting ``2006''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``2007'' and 
                inserting ``2008''; and
                    (B) in clause (ii), by striking ``2008'' 
                and inserting ``2009''.
    (c) Section 21(e)(2)(A) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) (as amended by 
section 125(c)(2)(B) of Public Law 108-265) is amended by 
inserting ``and'' after ``2005''.
    (d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(f)(1)(C)(i) (as amended by section 
203(e)(10)(B) of Public Law 108-265) is amended by striking the 
period after ``subsection (h)(11)''.
    (e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(h)(8)(A)(vi) (as added by section 
203(e)(5) of Public Law 108-265) is amended by striking ``Each 
State'' and inserting ``Effective beginning October 1, 2004, 
each State''.
    (f) Section 502(b) of the Child Nutrition and WIC 
Reauthorization Act of 2004 (P.L. 108-265) is amended--
            (1) in paragraph (2), by striking ``203(e)(5),''; 
        and
            (2) in paragraph (4), by striking ``104'' and 
        inserting ``104 (other than section 104(a)(1))''.
    Sec. 789. Section 104 of Chapter 1 of the Emergency 
Supplemental Appropriations for Hurricane Disasters Assistance 
Act, 2005, Public Law 108-324, is amended by adding ``and 
tropical storms'' after ``hurricanes''.
    Sec. 790. There is hereby appropriated $1,000,000, to 
remain available until expended, for a grant to the Ohio 
Livestock Expo Center in Springfield, Ohio.
    Sec. 791. There is hereby appropriated $1,000,000, to 
remain available until expended, for a grant to the Virginia 
Horse Center in Lexington, Virginia.
    Sec. 792. Notwithstanding any other provision of law, 
unobligated funding balances in the Great Plains Conservation 
Program authorized under section 16(b) of the Soil Conservation 
and Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry 
Incentives Program authorized by Section 4 and Section 6 of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103); 
The Water Bank Program authorized by The Water Bank Act of 1970 
(Public Law 91-559); and funding for the John's Creek, TN 
Watershed and Flood Prevention Operations project are hereby 
rescinded.
    Sec. 793. There is hereby appropriated $2,250,000, to 
remain available until expended, for a grant to the Wisconsin 
Federation of Cooperatives for pilot Wisconsin-Minnesota health 
care cooperative purchasing alliances.
    Sec. 794. (a) Section 1240B of the Food Security Act of 
1985, 16 U.S.C. 3839 aa-2, is amended at the end by adding the 
following:
    ``(h) Funding for Federally Recognized Native American 
Indian Tribes and Alaska Native Corporations.--The Secretary 
may enter into alternative funding arrangements with federally 
recognized Native American Indian Tribes and Alaska Native 
Corporations (including their affiliated membership 
organizations) if the Secretary determines that the goals and 
objectives of the program will be met by such arrangements, and 
that statutory limitations regarding contracts with individual 
producers as defined under this Subtitle will not be exceeded 
by any Tribal or Native Corporation member.''.
    (b) Section 1240G of the Food Security Act of 1985, 16 
U.S.C. 3839aa-7, is amended by inserting after ``2007,'' 
``(excluding funding arrangements with federally recognized 
Native American Indian Tribes or Alaska Native Corporations 
under section 1240B(h))''.
      Sec. 795. There is hereby appropriated $6,000,000, to 
remain available until expended, for a grant to the Florida 
Department of Citrus.
      Sec. 796. Notwithstanding any other provision of law, 
effective with funds made available in fiscal year 2004 to 
states administering the Child and Adult Care Food Program, for 
the purpose of conducting audits of participating institutions, 
funds identified by the Secretary as having been unused during 
the initial fiscal year of availability may be recovered and 
reallocated by the Secretary: Provided, That states may use the 
reallocated funds until expended for the purpose of conducting 
audits of participating institutions.
      Sec. 797. Section 1238Q of the Food Security Act of 1985 
is amended--
      (a) In subsection (a), by striking ``permit'' and 
inserting ``transfer title of ownership to an easement under 
this subchapter to''; and
      (b) By striking subsection (d) and inserting the 
following new subsection:
      ``(d) Transfer of title of ownership of easement.--
Reversion--If a private organization or state agency holding an 
easement on land under this subchapter dissolves or fails to 
enforce the terms of the easement, the easement shall revert to 
the Secretary.''.
    This division may be cited as the ``Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2005''.

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the 
Department of Justice, $124,100,000, of which not to exceed 
$3,317,000 is for the Facilities Program 2000, to remain 
available until expended: Provided, That not to exceed 45 
permanent positions and 46 full-time equivalent workyears and 
$11,078,000 shall be expended for the Department Leadership 
Program exclusive of augmentation that occurred in these 
offices in fiscal year 2004: Provided further, That not to 
exceed 26 permanent positions, 21 full-time equivalent 
workyears and $3,305,000 shall be expended for the Office of 
Legislative Affairs: Provided further, That not to exceed 17 
permanent positions, 21 full-time equivalent workyears and 
$2,470,000 shall be expended for the Office of Public Affairs: 
Provided further, That the latter two aforementioned offices 
may utilize non-reimbursable details of career employees within 
the caps described in the preceding two provisos.

                     JOINT AUTOMATED BOOKING SYSTEM

    For expenses necessary for the nationwide deployment of a 
Joint Automated Booking System including automated capability 
to transmit fingerprint and image data, $20,185,000, to remain 
available until September 30, 2006.

    automated biometric identification system/integrated automated 
                   fingerprint identification system

    For necessary expenses for the planning, development, and 
deployment of an integrated fingerprint identification system, 
including automated capability to transmit fingerprint and 
image data, $5,054,000, to remain available until September 30, 
2006.

                   LEGAL ACTIVITIES OFFICE AUTOMATION

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office 
automation systems for the organizations funded under the 
headings ``Salaries and Expenses, General Legal Activities'', 
and ``General Administration, Salaries and Expenses'', and the 
United States Attorneys, the United States Marshals Service, 
the Antitrust Division, the United States Trustee Program, the 
Executive Office for Immigration Review, the Community 
Relations Service, the Bureau of Prisons, the Office of Justice 
Programs, and the United States Parole Commission, $40,510,000, 
to remain available until September 30, 2006.

                       NARROWBAND COMMUNICATIONS

    For the costs of conversion to narrowband communications, 
including the cost for operation and maintenance of Land Mobile 
Radio legacy systems, $100,000,000, to remain available until 
September 30, 2006: Provided, That the Attorney General shall 
transfer to the ``Narrowband Communications'' account all funds 
made available to the Department of Justice for the purchase of 
portable and mobile radios: Provided further, That any transfer 
made under the preceding proviso shall be subject to section 
605 of this Act.

                   ADMINISTRATIVE REVIEW AND APPEALS

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

                           DETENTION TRUSTEE

    For necessary expenses of the Federal Detention Trustee, 
$885,994,000, to remain available until expended: Provided, 
That the Trustee shall be responsible for managing the Justice 
Prisoner and Alien Transportation System and for overseeing 
housing related to such detention: Provided further, That any 
unobligated balances available in prior years from the funds 
appropriated under the heading ``Federal Prisoner Detention'' 
shall be transferred to and merged with the appropriation under 
the heading ``Detention Trustee'' and shall be available until 
expended. Provided further, That the Trustee, working in 
consultation with the Bureau of Prisons, shall submit a plan 
for collecting information related to evaluating the health and 
safety of Federal prisoners in non-Federal institutions no 
later than 180 days following the enactment of this Act.

                      OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General, 
$63,813,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission

                         SALARIES AND EXPENSES

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

                            Legal Activities

            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    For expenses necessary for the legal activities of the 
Department of Justice, not otherwise provided for, including 
not to exceed $20,000 for expenses of collecting evidence, to 
be expended under the direction of, and to be accounted for 
solely under the certificate of, the Attorney General; and rent 
of private or Government-owned space in the District of 
Columbia, $634,193,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until 
expended: Provided, That of the total amount appropriated, not 
to exceed $1,000 shall be available to the United States 
National Central Bureau, INTERPOL, for official reception and 
representation expenses: Provided further, That notwithstanding 
anyother provision of law, upon a determination by the Attorney 
General that emergent circumstances require additional funding for 
litigation activities of the Civil Division, the Attorney General may 
transfer such amounts to ``Salaries and Expenses, General Legal 
Activities'' from available appropriations for the current fiscal year 
for the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    In addition, for reimbursement of expenses of the 
Department of Justice associated with processing cases under 
the National Childhood Vaccine Injury Act of 1986, not to 
exceed $6,333,000, to be appropriated from the Vaccine Injury 
Compensation Trust Fund.

               SALARIES AND EXPENSES, ANTITRUST DIVISION

    For expenses necessary for the enforcement of antitrust and 
kindred laws, $138,763,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, not 
to exceed $101,000,000 of offsetting collections derived from 
fees collected for premerger notification filings under the 
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 
18a), regardless of the year of collection, shall be retained 
and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That 
the sum herein appropriated from the general fund shall be 
reduced as such offsetting collections are received during 
fiscal year 2005, so as to result in a final fiscal year 2005 
appropriation from the general fund estimated at not more than 
$37,763,000.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative 
agreements, $1,547,519,000; of which not to exceed $2,500,000 
shall be available until September 30, 2006, for: (1) training 
personnel in debt collection; (2) locating debtors and their 
property; (3) paying the net costs of selling property; and (4) 
tracking debts owed to the United States Government: Provided, 
That of the total amount appropriated, not to exceed $8,000 
shall be available for official reception and representation 
expenses: Provided further, That not to exceed $10,000,000 of 
those funds available for automated litigation support 
contracts shall remain available until expended: Provided 
further, That not to exceed $2,500,000 for the operation of the 
National Advocacy Center shall remain available until expended: 
Provided further, That, in addition to reimbursable full-time 
equivalent workyears available to the Offices of the United 
States Attorneys, not to exceed 10,212 positions and 10,273 
full-time equivalent workyears shall be supported from the 
funds appropriated in this Act for the United States Attorneys: 
Provided further, That of the funds made available under this 
heading, $1,500,000 shall only be available to continue 
``Operation Streetsweeper'': Provided further, That of the 
total amount appropriated, $5,000,000 shall be for Project 
Seahawk and shall remain available until expended.

                   UNITED STATES TRUSTEE SYSTEM FUND

    For necessary expenses of the United States Trustee 
Program, as authorized, $173,602,000, to remain available until 
expended and to be derived from the United States Trustee 
System Fund: Provided, That, notwithstanding any other 
provision of law, deposits to the Fund shall be available in 
such amounts as may be necessary to pay refunds due depositors: 
Provided further, That, notwithstanding any other provision of 
law, $173,602,000 of offsetting collections pursuant to 28 
U.S.C. 589a(b) shall be retained and used for necessary 
expenses in this appropriation and remain available until 
expended: Provided further, That the sum herein appropriated 
from the Fund shall be reduced as such offsetting collections 
are received during fiscal year 2005, so as to result in a 
final fiscal year 2005 appropriation from the Fund estimated at 
$0.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

    For expenses necessary to carry out the activities of the 
Foreign Claims Settlement Commission, including services as 
authorized by 5 U.S.C. 3109, $1,220,000.

                     United States Marshals Service

                         SALARIES AND EXPENSES

    For necessary expenses of the United States Marshals 
Service, $751,985,000; of which not to exceed $6,000 shall be 
available for official reception and representation expenses; 
and of which $4,000,000 for information technology systems 
shall remain available until expended; of which not less than 
$11,580,000 shall be available for the costs of courthouse 
security equipment, including furnishings, relocations, and 
telephone systems and cabling, and shall remain available until 
September 30, 2006: Provided, That, in addition to reimbursable 
full-time equivalent workyears available to the United States 
Marshals Service, not to exceed 4,543 positions and 4,387 full-
time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Marshals 
Service.

                              CONSTRUCTION

    For construction of United States Marshals Service 
prisoner-holding space in United States courthouses and Federal 
buildings, $5,734,000, to remain available until expended.

                     FEES AND EXPENSES OF WITNESSES

    For fees and expenses of witnesses, for expenses of 
contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, including advances, 
$177,585,000, to remain available until expended; of which not 
to exceed $8,000,000 may be made available for construction of 
buildings for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $7,000,000 may be made 
available for the purchase, installation, maintenance and 
upgrade of secure telecommunications equipment and a secure 
automated information network to store and retrieve the 
identities and locations of protected witnesses.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    For necessary expenses of the Community Relations Service, 
$9,664,000: Provided, That notwithstanding any other provision 
of law, upon a determination by the Attorney General that 
emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community 
Relations Service, the Attorney General may transfer such 
amounts to the Community Relations Service, from available 
appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to 
the previous proviso shall be treated as a reprogramming under 
section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.

                         ASSETS FORFEITURE FUND

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
(G), $21,759,000, to be derived from the Department of Justice 
Assets Forfeiture Fund.

         PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

    In addition to amounts appropriated by subsection 3(e) of 
the Radiation Exposure Compensation Act (42 U.S. Code 2210 
note), $27,800,000 for payment to the Radiation Exposure 
Compensation Trust Fund, to remain available until expended.

                      Interagency Law Enforcement

                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

    For necessary expenses for the identification, 
investigation, and prosecution of individuals associated with 
the most significant drug trafficking and affiliated money 
laundering organizations not otherwise provided for, to include 
inter-governmental agreements with State and local law 
enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $561,033,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated 
from appropriations under this heading may be used under 
authorities available to the organizations reimbursed from this 
appropriation.

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Bureau of 
Investigation for detection, investigation, and prosecution of 
crimes against the United States; including purchase for 
police-type use of not to exceed 2,988 passenger motor 
vehicles, of which 2,619 will be for replacement only; and not 
to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C, 
$5,205,028,000; of which not to exceed $150,000,000 shall 
remain available until expended; of which $1,017,000,000 shall 
be for counterterrorism investigations, foreign 
counterintelligence, and other activities related to our 
national security; of which $56,349,000 shall be for the 
operations, equipment, and facilities of the Foreign Terrorist 
Tracking Task Force; and of which not to exceed $20,000,000 is 
authorized to be made available for making advances for 
expenses arising out of contractual or reimbursable agreements 
with State and local law enforcement agencies while engaged in 
cooperative activities related to violent crime, terrorism, 
organized crime, gang-related crime, cybercrime, and drug 
investigations: Provided, That not to exceed $200,000 shall be 
available for official reception and representation expenses: 
Provided further, That, in addition to reimbursable full-time 
equivalent workyears available to the Federal Bureau of 
Investigation, not to exceed 30,039 positions and 29,082 full-
time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Federal Bureau of 
Investigation: Provided further, That up to $6,800,000 of prior 
year unobligated balances shall be available for the necessary 
expense of construction of an aviation hangar, to remain 
available until September 30, 2006.

                              CONSTRUCTION

    For necessary expenses to construct or acquire buildings 
and sites by purchase, or as otherwise authorized by law 
(including equipment for such buildings); conversion and 
extension of Federally-owned buildings; and preliminary 
planning and design of projects; $10,242,000, to remain 
available until expended: Provided, That $9,000,000 shall be 
available to lease a records management facility, including 
equipment and relocation expenses, in Frederick County, 
Virginia.

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

    For necessary expenses of the Drug Enforcement 
Administration, including not to exceed $70,000 to meet 
unforeseen emergencies of a confidential character pursuant to 
28 U.S.C. 530C; expenses for conducting drug education and 
training programs, including travel and related expenses for 
participants in such programs and the distribution of items of 
token value that promote the goals of such programs; and 
purchase of not to exceed 1,461 passenger motor vehicles, of 
which 1,346 will be for replacement only, for police-type use, 
$1,653,265,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 
shall be available for official reception and representation 
expenses: Provided, That, in addition to reimbursable full-time 
equivalent workyears available to the Drug Enforcement 
Administration, not to exceed 8,361 positions and 8,250 full-
time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Drug Enforcement 
Administration: Provided further, That not to exceed $8,100,000 
from prior year unobligated balances shall be available for the 
design, construction and ownership of a clandestine laboratory 
training facility and shall remain available until expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

    For necessary expenses of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, including the purchase of not to 
exceed 822 vehicles for police-type use, of which 650 shall be 
for replacement only; not to exceed $25,000 for official 
reception and representation expenses; for training of State 
and local law enforcement agencies with or without 
reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire 
accelerants detection; and for provision of laboratory 
assistance to State and local law enforcement agencies, with or 
without reimbursement, $890,357,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' 
fees as provided by 18 U.S.C. 924(d)(2); and of which 
$10,000,000 shall remain available until expended: Provided, 
That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with 
consolidating or centralizing, within the Department of 
Justice, the records, or any portion thereof, of acquisition 
and disposition of firearms maintained by Federal firearms 
licensees: Provided further, That no funds appropriated herein 
shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to 
change the definition of ``Curios or relics'' in 27 CFR 178.11 
or remove any item from ATF Publication 5300.11 as it existed 
on January 1, 1994: Provided further, That none of the funds 
appropriated herein shall be available to investigate or act 
upon applications for relief from Federal firearms disabilities 
under 18 U.S.C. 925(c): Provided further, That such funds shall 
be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided 
further, That no funds made available by this or any other Act 
may be used to transfer the functions, missions, or activities 
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
other agencies or Departments in fiscal year 2005: Provided 
further, That no funds appropriated under this or any other Act 
with respect to any fiscal year may be used to disclose part or 
all of the contents of the Firearms Trace System database 
maintained by the National Trace Center of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives or any information 
required to be kept by licensees pursuant to section 923(g) of 
title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), to 
anyone other than a Federal, State, or local law enforcement 
agency or a prosecutor solely in connection with and for use in 
a bona fide criminal investigation or prosecution and then only 
such information as pertains to the geographic jurisdiction of 
the law enforcement agency requesting the disclosure and not 
for use in any civil action or proceeding other than an action 
or proceeding commenced by the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, or a review of such an action or 
proceeding, to enforce the provisions of chapter 44 of such 
title, and all such data shall be immune from legal process and 
shall not be subject to subpoena or other discovery in any 
civil action in a State or Federal court or in any 
administrative proceeding other than a proceeding commenced by 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives to 
enforce the provisions of that chapter, or a review of such an 
action or proceeding; except that this proviso shall not be 
construed to prevent the disclosure of statistical information 
concerning total production, importation, and exportation by 
each licensed importer (as defined in section 921(a)(9) of such 
title) and licensed manufacturer (as defined in section 
921(a)(10) of such title): Provided further, That no funds made 
available by this or any other Act shall be expended to 
promulgate or implement any rule requiring a physical inventory 
of any business licensed under section 923 of title 18, United 
States Code: Provided further, That no funds under this Act may 
be used to electronically retrieve information gathered 
pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code: Provided further, That no funds authorized 
or made available under this or any other Act may be used to 
deny any application for a license under section 923 of title 
18, United States Code, or renewal of such a license due to a 
lack of business activity, provided that the applicant is 
otherwise eligible to receive such a license, and is eligible 
to report business income or to claim an income tax deduction 
for business expenses under the Internal Revenue Code of 1986: 
Provided further, That of the total amount provided under this 
paragraph, $5,600,000 shall be for the construction and 
establishment of the Federal Firearms Licensing Center at the 
Bureau of Alcohol, Tobacco, Firearms and Explosives National 
Tracing Center Facility and shall remain available until 
expended.

                         Federal Prison System

                         SALARIES AND EXPENSES

    For expenses necessary of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 
780, of which 649 are for replacement only) and hire of law 
enforcement and passenger motorvehicles, and for the provision 
of technical assistance and advice on corrections related issues to 
foreign governments, $4,627,696,000: Provided, That the Attorney 
General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System, where necessary, may enter into contracts 
with a fiscal agent/fiscal intermediary claims processor to determine 
the amounts payable to persons who, on behalf of the Federal Prison 
System, furnish health services to individuals committed to the custody 
of the Federal Prison System: Provided further, That not to exceed 
$6,000 shall be available for official reception and representation 
expenses: Provided further, That not to exceed $365,836,000 shall 
remain available for prison activations until September 30, 2006: 
Provided further, That, of the amounts provided for Contract 
Confinement, not to exceed $20,000,000 shall remain available until 
expended to make payments in advance for grants, contracts and 
reimbursable agreements, and other expenses authorized by section 
501(c) of the Refugee Education Assistance Act of 1980, for the care 
and security in the United States of Cuban and Haitian entrants: 
Provided further, That the Director of the Federal Prison System may 
accept donated property and services relating to the operation of the 
prison card program from a not-for-profit entity which has operated 
such program in the past notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison 
System relating to the operation of pre-release services, halfway 
houses or other custodial facilities.

                        BUILDINGS AND FACILITIES

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and 
remodeling, and equipping of such facilities for penal and 
correctional use, including all necessary expenses incident 
thereto, by contract or force account; and constructing, 
remodeling, and equipping necessary buildings and facilities at 
existing penal and correctional institutions, including all 
necessary expenses incident thereto, by contract or force 
account, $189,000,000, to remain available until expended, of 
which not to exceed $14,000,000 shall be available to construct 
areas for inmate work programs: Provided, That labor of United 
States prisoners may be used for work performed under this 
appropriation.

                FEDERAL PRISON INDUSTRIES, INCORPORATED

    The Federal Prison Industries, Incorporated, is hereby 
authorized to make such expenditures, within the limits of 
funds and borrowing authority available, and in accord with the 
law, and to make such contracts and commitments, without regard 
to fiscal year limitations as provided by section 9104 of title 
31, United States Code, as may be necessary in carrying out the 
program set forth in the budget for the current fiscal year for 
such corporation, including purchase (not to exceed five for 
replacement only) and hire of passenger motor vehicles.

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

    Not to exceed $3,411,000 of the funds of the corporation 
shall be available for its administrative expenses, and for 
services as authorized by 5 U.S.C. 3109, to be computed on an 
accrual basis to be determined in accordance with the 
corporation's current prescribed accounting system, and such 
amounts shall be exclusive of depreciation, payment of claims, 
and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses 
in connection with acquisition, construction, operation, 
maintenance, improvement, protection, or disposition of 
facilities and other property belonging to the corporation or 
in which it has an interest.

                    OFFICE ON VIOLENCE AGAINST WOMEN

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    For grants, contracts, cooperative agreements, and other 
assistance for the prevention and prosecution of violence 
against women as authorized by the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322) 
(``the 1994 Act''); the Victims of Child Abuse Act of 1990 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools 
to End the Exploitation of Children Today Act of 2003 (Public 
Law 108-21); the Juvenile Justice and Delinquency Prevention 
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking 
and Violence Protection Act of 2000 (Public Law 106-386); 
$387,275,000, including amounts for administrative costs, to 
remain available until expended: Provided, That all balances, 
unobligated and obligated, from grants and activities 
administered by the Office on Violence Against Women shall be 
transferred from the Office of Justice Programs to the Office 
on Violence Against Women within 60 days of enactment of this 
Act: Provided further, That of the amount provided--
            (1) $11,897,000 for the court-appointed special 
        advocate program, as authorized by section 217 of the 
        1990 Act;
            (2) $1,925,000 for child abuse training programs 
        for judicial personnel and practitioners, as authorized 
        by section 222 of the 1990 Act;
            (3) $983,000 for grants for televised testimony, as 
        authorized by Part N of the 1968 Act;
            (4) $187,086,000 for grants to combat violence 
        against women, as authorized by part T of the 1968 Act, 
        of which:
                    (A) $5,000,000 shall be for the National 
                Institute of Justice for research and 
                evaluation of violence against women;
                    (B) $10,000,000 shall be for the Office of 
                Juvenile Justice and Delinquency Prevention for 
                the Safe Start Program, as authorized by the 
                1974 Act; and
                    (C) $12,500,000 shall be for transitional 
                housing assistance grants for victims of 
                domestic violence, stalking or sexual assault 
                as authorized by Public Law 108-21;
            (5) $63,491,000 for grants to encourage arrest 
        policies as authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and 
        child abuse enforcement assistance grants, as 
        authorized by section 40295(a) of the 1994 Act;
            (7) $4,415,000 for training programs as authorized 
        by section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,950,000 for grants to improve the stalking 
        and domestic violence databases, as authorized by 
        section 40602 of the 1994 Act;
            (9) $9,175,000 to reduce violent crimes against 
        women on campus, as authorized by section 1108(a) of 
        Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, 
        as authorized by section 1201(c) of Public Law 106-386;
            (11) $4,600,000 for enhancing protection for older 
        and disabled women from domestic violence and sexual 
        assault, as authorized by section 40802 of the 1994 
        Act;
            (12) $14,078,000 for the safe havens for children 
        pilot program, as authorized by section 1301(a) of 
        Public Law 106-386; and
            (13) $7,250,000 for education and training to end 
        violence against and abuse of women with disabilities, 
        as authorized by section 1402(a) of Public Law 106-386.

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

    For grants, contracts, cooperative agreements, and other 
assistance authorized by title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, the Missing Children's Assistance 
Act, including salaries and expenses in connection therewith, 
the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21), 
and the Victims of Crime Act of 1984, $227,900,000, to remain 
available until expended.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,295,510,000 (including amounts for administrative 
costs, which shall be transferred to and merged with the 
``Justice Assistance'' account): Provided, That funding 
provided under this heading shall remain available until 
expended, as follows--
            (1) $634,000,000 for the Edward Byrne Memorial 
        Justice Assistance Grant program pursuant to the 
        amendments made by section 201 of H.R. 3036 of the 
        108th Congress, as passed by the House of 
        Representatives on March 30, 2004 (except that the 
        special rules for Puerto Rico established pursuant to 
        such amendments shall not apply for purposes of this 
        Act), of which--
                    (A) $85,000,000 shall be for Boys and Girls 
                Clubs in public housing facilities and other 
                areas in cooperation with State and local law 
                enforcement, as authorized by section 401 of 
                Public Law 104-294 (42 U.S.C. 13751 note);
                    (B) $10,000,000 shall be available for the 
                National Institute of Justice in assisting 
                units of local government to identify, select, 
                develop, modernize, and purchase new 
                technologies for use by law enforcement; and
                    (C) $2,500,000 for USA Freedom Corps 
                activities;
            (2) $305,000,000 for the State Criminal Alien 
        Assistance Program, as authorized by section 242(j) of 
        the Immigration and Nationality Act;
            (3) $30,000,000 is for the Southwest Border 
        Prosecutor Initiative to reimburse State, county, 
        parish, tribal, or municipal governments only for costs 
        associated with the prosecution of criminal cases 
        declined by local United States Attorneys offices;
            (4) $18,000,000 for assistance to Indian tribes, of 
        which--
                    (A) $5,000,000 shall be available for 
                grants under section 20109(a)(2) of subtitle A 
                of title II of the 1994 Act;
                    (B) $8,000,000 shall be available for the 
                Tribal Courts Initiative; and
                    (C) $5,000,000 shall be available for 
                demonstration projects on alcohol and crime in 
                Indian Country;
            (5) $170,027,000 for discretionary grants 
        authorized by subpart 2 of part E, of title I of the 
        1968 Act, notwithstanding the provisions of section 511 
        of said Act;
            (6) $10,000,000 for victim services programs for 
        victims of trafficking, as authorized by section 
        107(b)(2) of Public Law 106-386;
            (7) $883,000 for the Missing Alzheimer's Disease 
        Patient Alert Program, as authorized by section 
        240001(c) of the 1994 Act;
            (8) $40,000,000 for Drug Courts, as authorized by 
        Part EE of the 1968 Act;
            (9) $2,000,000 for public awareness programs 
        addressing marketing scams aimed at senior citizens, as 
        authorized by section 250005(3) of the 1994 Act;
            (10) $10,000,000 for a prescription drug monitoring 
        program;
            (11) $37,000,000 for prison rape prevention and 
        prosecution programs as authorized by the Prison Rape 
        Elimination Act of 2003 (Public Law 108-79), of which 
        $1,000,000 shall be transferred to the National Prison 
        Rape Elimination Commission for authorized activities;
            (12) $25,000,000 for grants for residential 
        substance abuse treatment for State prisoners, as 
        authorized by part S of the 1968 Act;
            (13) $10,500,000 for a program to improve State and 
        local law enforcement intelligence capabilities 
        including training to ensure that constitutional 
        rights, civil liberties, civil rights, and privacy 
        interests are protected throughout the intelligence 
        process;
            (14) $1,000,000 for a State and local law 
        enforcement hate crimes training and technical 
        assistance program;
            (15) $2,000,000 for Law Enforcement Family Support 
        Programs, as authorized by section 1001(a)(21) of the 
        1968 Act; and
            (16) $100,000 for Motor Vehicle Theft Prevention 
        Programs, as authorized by section 220002(h) of the 
        1994 Act:
Provided, That, if a unit of local government uses any of the 
funds made available under this title to increase the number of 
law enforcement officers, the unit of local government will 
achieve a net gain in the number of law enforcement officers 
who perform nonadministrative public safety service.

                       WEED AND SEED PROGRAM FUND

    For necessary expenses, including salaries and related 
expenses of the Executive Office for Weed and Seed, to 
implement ``Weed and Seed'' program activities, $62,000,000, to 
remain available until September 30, 2006, for inter-
governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies, non-profit organizations, and agencies of local 
government engaged in the investigation and prosecution of 
violent and gang-related crimes and drug offenses in ``Weed and 
Seed'' designated communities, and for either reimbursements or 
transfers to appropriation accounts of the Department of 
Justice and other Federal agencies which shall be specified by 
the Attorney General to execute the ``Weed and Seed'' program 
strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts 
for ``Weed and Seed'' program activities shall be managed and 
executed by the Attorney General through the Executive Office 
for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and 
personnel in support of ``Weed and Seed'' program activities 
only after the Attorney General notifies the Committees on 
Appropriations of the House of Representatives and the Senate 
in accordance with section 605 of this Act: Provided further, 
That of the funds appropriated for the Executive Office for 
Weed and Seed, $2,000,000 shall be directed for comprehensive 
community development training and technical assistance.

                  COMMUNITY ORIENTED POLICING SERVICES

    For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (including 
administrative costs), $606,446,000, to remain available until 
expended: Provided, That funds that become available as a 
result of deobligations from prior year balances may not be 
obligated except in accordance with section 605 of this Act: 
Provided further, That of the funds under this heading, not to 
exceed $2,575,000 shall be available for the Office of Justice 
Programs for reimbursable services associated with programs 
administered by the Community Oriented Policing Services 
Office: Provided further, That section 1703(b) and (c) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968 
Act'') shall not apply to non-hiring grants made pursuant to 
part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the 
amounts provided--
            (1) $10,000,000 is for the hiring of law 
        enforcement officers, including $5,000,000 for school 
        resource officers;
            (2) $15,000,000 is for training and technical 
        assistance;
            (3) $20,000,000 is for improving tribal law 
        enforcement including equipment and training;
            (4) $100,000,000 is for the COPS Interoperable 
        Communications Technology Program;
            (5) $7,500,000 is for a police integrity program;
            (6) $25,000,000 is for the matching grant program 
        for law enforcement armor vests as authorized by 
        section 2501 of part Y of the 1968 Act: Provided, That 
        not to exceed 2 percent of such funds shall be 
        available to the Office of Justice Programs for testing 
        of and research relating to law enforcement armor 
        vests;
            (7) $52,556,000 is for policing initiatives to 
        combat methamphetamine production and trafficking and 
        to enhance policing initiatives in ``drug hot spots'';
            (8) $15,000,000 is for Police Corps education and 
        training: Provided, That the out-year program costs of 
        new recruits shall be fully funded from funds currently 
        available;
            (9) $138,615,000 is for a law enforcement 
        technology program;
            (10) $25,000,000 is for grants to upgrade criminal 
        records, as authorized under the Crime Identification 
        Technology Act of 1998 (42 U.S.C. 14601);
            (11) $28,450,000 is for grants, contracts and other 
        assistance to States under section 102(b) of the Crime 
        Identification Technology Act of 1998 (42 U.S.C. 
        14601);
            (12) $110,000,000 is for a DNA analysis and 
        capacity enhancement program;
            (13) $15,000,000 is for Paul Coverdell Forensic 
        Sciences Improvement Grants under part BB of title I of 
        the 1968 Act (42 U.S.C. 3797j et seq.);
            (14) $10,000,000 is for an offender re-entry 
        program, as authorized by Public Law 107-273;
            (15) $4,325,000 is for the Safe Schools Initiative; 
        and
            (16) not to exceed $30,000,000 is for program 
        management and administration.

                       JUVENILE JUSTICE PROGRAMS

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the Act''), and other juvenile 
justice programs, including salaries and expenses in connection 
therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $384,177,000, to remain 
available until expended, as follows--
            (1) $3,000,000 for concentration of Federal 
        efforts, as authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs 
        authorized by section 221 of the Act, including 
        training and technical assistance to assist small, non-
        profit organizations with the Federal grants process;
            (3) $102,177,000 for demonstration projects, as 
        authorized by sections 261 and 262 of the Act;
            (4) $10,000,000 for research, evaluation, training 
        and technical assistance, as authorized by sections 251 
        and 252 of the Act;
            (5) $15,000,000 for juvenile mentoring programs;
            (6) $80,000,000 for delinquency prevention, as 
        authorized by section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal 
                Youth Program;
                    (B) $25,000,000 shall be for a gang 
                resistance education and training program to be 
                administered by the Bureau of Justice 
                Assistance and to be coordinated with the 
                Bureau of Alcohol, Tobacco, Firearms and 
                Explosives and the Office of Juvenile Justice 
                and Delinquency Prevention; and
                    (C) $25,000,000 shall be for grants of 
                $360,000 to each State and $6,640,000 shall be 
                available for discretionary grants to States, 
                for programs and activities to enforce State 
                laws prohibiting the sale of alcoholic 
                beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, 
                prevention and reduction of consumption of 
                alcoholic beverages by minors, and for 
                technical assistance and training;
            (7) $5,000,000 for Project Childsafe;
            (8) $15,000,000 for the Secure Our Schools Act as 
        authorized by Public Law 106-386;
            (9) $15,000,000 for programs authorized by the 
        Victims of Child Abuse Act of 1990; and
            (10) $55,000,000 for the Juvenile Accountability 
        Block Grants program as authorized by Public Law 107-
        273 and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be 
used for research, evaluation, and statistics activities 
designed to benefit the programs or activities authorized: 
Provided further, That not more than 2 percent of each amount 
may be used for training and technical assistance.

                    PUBLIC SAFETY OFFICERS BENEFITS

    To remain available until expended, for payments authorized 
by part L of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796), such sums as are 
necessary, as authorized by section 6093 of Public Law 100-690 
(102 Stat. 4339-4340); and $3,615,000, to remain available 
until expended for payments as authorized by section 1201(b) of 
said Act; and $2,795,000 for educational assistance, as 
authorized by section 1212 of the 1968 Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available 
in this title for official reception and representation 
expenses, a total of not to exceed $60,000 from funds 
appropriated to the Department of Justice in this title shall 
be available to the Attorney General for official reception and 
representation expenses.
    Sec. 102. None of the funds appropriated by this title 
shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were 
carried to term, or in the case of rape: Provided, That should 
this prohibition be declared unconstitutional by a court of 
competent jurisdiction, this section shall be null and void.
    Sec. 103. None of the funds appropriated under this title 
shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.
    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide 
escort services necessary for a female inmate to receive such 
service outside the Federal facility: Provided, That nothing in 
this section in any way diminishes the effect of section 103 
intended to address the philosophical beliefs of individual 
employees of the Bureau of Prisons.
    Sec. 105. Authorities contained in the 21st Century 
Department of Justice Appropriations Authorization Act (Public 
Law 107-273) shall remain in effect until the effective date of 
a subsequent Department of Justice appropriations authorization 
Act.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Justice in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds 
appropriated to ``Buildings and Facilities, Federal Prison 
System'' in this or any other Act may be transferred to 
``Salaries and Expenses, Federal Prison System'', or any other 
Department of Justice account, unless the President certifies 
that such a transfer is necessary to the national security 
interests of the United States, and such authority shall not be 
delegated, and shall be subject to Section 605 of this Act.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in 
effect during fiscal year 2005.
    Sec. 108. In addition to the amounts provided under 
``Salaries and Expenses, United States Attorneys'', $15,000,000 
shall be for Project Seahawk and shall remain available until 
expended.
    Sec. 109. The Attorney General is authorized to extend 
through September 30, 2006, the Personnel Management 
Demonstration Project transferred to the Attorney General 
pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (6 U.S.C. 533) without limitation on the 
number of employees or the positions covered.
    Sec. 110. (a) None of the funds made available in this Act 
may be used by the Drug Enforcement Administration to establish 
a procurement quota following the approval of a new drug 
application or an abbreviated new drug application for a 
controlled substance.
    (b) The limitation established in subsection (a) shall not 
apply until 180 days after enactment of this Act.
    Sec. 111. The limitation established in the preceding 
section shall not apply to any new drug application or 
abbreviated new drug application for which the Drug Enforcement 
Administration has reviewed and provided public comments on 
labeling, promotion, risk management plans, and any other 
documents.
    Sec. 112. (a) Section 8335(b) of title 5, United States 
Code, is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; 
        and
            (2) by adding at the end the following:
    ``(2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be 
applied by substituting `65 years of age' for `60 years of 
age'. The authority to grant exemptions in accordance with the 
preceding sentence shall cease to be available after December 
31, 2009.''.
    (b) Section 8425(b) of title 5, United States Code, is 
amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; 
        and
            (2) by adding at the end the following:
    ``(2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be 
applied by substituting `65 years of age' for `60 years of 
age'. The authority to grant exemptions in accordance with the 
preceding sentence shall cease to be available after December 
31, 2009.''.
    Sec. 113. (a) Subchapter IV of chapter 57 of title 5, 
United States Code, is amended by adding at the end the 
following:

``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of 
                    Investigation

    ``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the 
Office of Personnel Management, may pay, on a case-by-case 
basis, a bonus under this section to an employee of the Bureau 
if--
            ``(1)(A) the unusually high or unique 
        qualifications of the employee or a special need of the 
        Bureau for the employee's services makes it essential 
        to retain the employee; and
            ``(B) the Director of the Federal Bureau of 
        Investigation determines that, in the absence of such a 
        bonus, the employee would be likely to leave--
                    ``(i) the Federal service; or
                    ``(ii) for a different position in the 
                Federal service; or
            ``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as 
        determined by the Director of the Federal Bureau of 
        Investigation).
    ``(b) Service Agreement.--Payment of a bonus under this 
section is contingent upon the employee entering into a written 
service agreement with the Bureau to complete a period of 
service with the Bureau. Such agreement shall include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may 
        be terminated before the agreed-upon service period has 
        been completed, and the effect of the termination.
    ``(c) Limitation on Authority.--A bonus paid under this 
section may not exceed 50 percent of the employee's basic pay.
    ``(d) Impact on Basic Pay.--A retention bonus is not part 
of the basic pay of an employee for any purpose.
    ``(e) Termination of Authority.--The authority to grant 
bonuses under this section shall cease to be available after 
December 31, 2009.''.
    (b) The analysis for chapter 57 of title 5, United States 
Code, is amended by adding at the end the following:

``5759. Retention and relocation bonuses for the Federal Bureau of 
          Investigation.''.

    Sec. 114. (a) Chapter 35 of title 5 of the United States 
Code is amended by adding at the end the following:

  ``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE 
                    FEDERAL BUREAU OF INVESTIGATION

``Sec. 3598. Federal Bureau of Investigation Reserve Service

    ``(a) Establishment.--The Director of the Federal Bureau of 
Investigation may provide for the establishment and training of 
a Federal Bureau of Investigation Reserve Service (hereinafter 
in this section referred to as the `FBI Reserve Service') for 
temporary reemployment of employees in the Bureau during 
periods of emergency, as determined by the Director.
    ``(b) Membership.--Membership in the FBI Reserve Service 
shall be limited to individuals who previously served as full-
time employees of the Bureau.
    ``(c) Annuitants.--If an annuitant receiving an annuity 
from the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity 
shall not be discontinued thereby. An annuitant so reemployed 
shall not be considered an employee for the purposes of chapter 
83 or 84.
    ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve 
Service members reemployed on a temporary basis pursuant to 
this section shall not count against any personnel ceiling 
applicable to the Bureau.
    ``(e) Expenses.--The Director may provide members of the 
FBI Reserve Service transportation and per diem in lieu of 
subsistence, in accordance with applicable provisions of this 
title, for the purpose of participating in any training that 
relates to service as a member of the FBI Reserve Service.
    ``(f) Limitation on Membership.--Membership of the FBI 
Reserve Service is not to exceed 500 members at any given 
time.''.
      (b) The analysis for chapter 35 of title 5, United States 
Code, is amended by adding at the end the following:

  ``Subchapter VII--Retention of Retired Specialized Employees at the 
                     Federal Bureau of Investigation

``3598. Federal Bureau of Investigation reserve service.''.

    Sec. 115. Section 5377(a)(2) of title 5, United States 
Code, is amended--
            (1) by striking ``and'' at the end of subparagraph 
        (E);
            (2) by striking the period at the end of 
        subparagraph (F) and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the 
        following:
                    ``(G) a position at the Federal Bureau of 
                Investigation, the primary duties and 
                responsibilities of which relate to 
                intelligence functions (as determined by the 
                Director of the Federal Bureau of 
                Investigation).''.
    Sec. 116. Notwithstanding any other provision of law, 
Public Law 102-395 section 102(b) shall extend to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives in the conduct of 
undercover investigative operations and shall apply without 
fiscal year limitation with respect to any undercover 
investigative operation initiated by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 117. Section 1344 of Title 31 of the United States 
Code, is amended in subsection (b) paragraph (6) by inserting 
after ``Federal Bureau of Investigation,'' the words ``Director 
of the Bureau of Alcohol, Tobacco, Firearms and Explosives''. 
This amendment shall take effect as if enacted on January 1, 
2004.
    Sec. 118. Within 45 days of enactment of this Act, the 
Bureau of Prisons will submit a comprehensive financial plan 
for the Federal Prison System to the Committees on 
Appropriations.
    Sec. 119. The Bureau of Prisons shall implement a pilot 
program in the Southern District of Florida which would allow 
the Federal Public Defender to transfer computers to the local 
detention facility to review electronic discovery. These 
computers will be used according to schedules and protocols 
developed by the staff of the local facility in consultation 
with the Federal Defender and the District Court's Criminal 
Justice Act Selection Committee.
    Sec. 120. None of the funds made available to the 
Department of Justice in this Act may be used for the purpose 
of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is 
classified as a maximum or high security prisoner, other than 
to a prison or other facility certified by the Federal Bureau 
of Prisons as appropriately secure for housing such a prisoner.
    Sec. 121. (a) None of the funds appropriated by this Act 
may be used by Federal prisons to purchase cable television 
services, to rent or purchase videocassettes, videocassette 
recorders, or other audiovisual or electronic equipment used 
primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment 
for inmate training, religious, or educational programs.
    Sec. 122. Section 3(e) of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) in paragraph (1), by striking ``through fiscal 
        year 2011''; and
            (2) in paragraph (2), by striking subparagraphs (E) 
        through (J).
    Sec. 123. The Prison Rape Elimination Act of 2003 is 
amended--
            (1) in section 7--
                    (A) in the heading by striking 
                ``REDUCTION'' and inserting ``ELIMINATION''; 
                and
                    (B) in subsection (a) by striking 
                ``Reduction'' and inserting ``Elimination''; 
                and
            (2) in section 1(b), by striking ``Reduction'' in 
        the item relating to section 7 and inserting 
        ``Elimination''.
    Sec. 124. (a) The President shall award and present a 9/11 
Heroes Medal of Valor of appropriate design, with ribbons and 
appurtenances, to an appropriate representative of those 
individuals who were members of public safety agencies and were 
killed in the terrorist attacks in the United States on 
September 11, 2001, as certified by the Attorney General, on 
behalf of such individuals.
    (b) The presentation of medals pursuant to subsection (a) 
shall be made as close as feasible to the 4th anniversary of 
the terrorist attacks described in that subsection.
    (c)(1) To be eligible for the medal referred to in 
subsection (a), an individual shall have been a public safety 
officer (as defined in section 5 of the Public Safety Officer 
Medal of Valor Act of 2001) who--
            (A) was present in New York, Virginia, or 
        Pennsylvania on September 11, 2001;
            (B) participated in the response that day to the 
        terrorist attacks on the World Trade Center, the 
        terrorist attack on the Pentagon, or the terrorist 
        attack that resulted in the crash of the fourth 
        airplane in Pennsylvania; and
            (C) died as a result of such participation.
    (2) An individual who was killed in one of the attacks 
referred to in paragraph (1)(B) shall be deemed, for purposes 
of the eligibility requirement of that paragraph, to have 
participated in the response.
    (3) The certification of eligible recipients of the medal 
under subsection (a) shall be completed by the Attorney General 
by July 1, 2005.
    (d)(1)(A) The design of the medal under this section shall 
be selected by the Attorney General after consultation with--
            (i) the Commission of Fine Arts; and
            (ii) the Institute of Heraldry within the 
        Department of Defense, regarding the design and 
        artistry of the 9/11 Heroes Medal of Valor.
    (B) The Attorney General may also consider suggestions 
received by the Department of Justice regarding the design of 
the medal, including those made by persons not employed by the 
Department of Justice.
    (2) After such consultation and selection of design, the 
Attorney General shall make necessary arrangements with the 
Secretary of the Treasury for the Secretary to prepare and 
strike, on a reimbursable basis, such number of medals as may 
be required to carry out this section.
    (3) The medals struck under this section are national 
medals for purposes of chapter 51 of title 31, United States 
Code.
    (e) The Attorney General shall establish such procedures 
and requirements as may be necessary to carry out this section.
    (f) There are authorized to be appropriated to the Attorney 
General such sums as may be necessary to carry out this 
section.
    Sec. 125. (a) The Attorney General shall transfer, without 
reimbursement, to the Secretary of the Army a parcel of real 
property, including any improvements thereon, consisting of 
approximately 57.8 acres located on River Road in Prince George 
County, Virginia. The real property is currently under the 
administrative jurisdiction of the Bureau of Prisons. Upon 
transfer of the real property under this subsection, the 
Secretary of the Army shall assume administrative and 
jurisdictional accountability over property and include the 
property as part of Fort Lee, Virginia.
    (b) The exact acreage and legal description of the real 
property to be transferred under subsection (a) shall be 
determined by a survey satisfactory to the Secretary of the 
Army.
    Sec. 126. The Department of Justice shall establish an 
Office of Justice for Victims of Overseas Terrorism.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2005''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of the United States 
Trade Representative, including the hire of passenger motor 
vehicles and the employment of experts and consultants as 
authorized by 5 U.S.C. 3109, $41,552,000, of which $1,000,000 
shall remain available until expended: Provided, That not to 
exceed $124,000 shall be available for official reception and 
representation expenses: Provided further, That not less than 
$2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, 
That negotiations shall be conducted within the World Trade 
Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: 
Provided further, That there is established a position of Chief 
Negotiator for Intellectual Property Enforcement.

  National Intellectual Property Law Enforcement Coordination Council

    For necessary expenses of the National Intellectual 
Property Law Enforcement Coordination Council to coordinate 
domestic and international intellectual property protection and 
law enforcement relating to intellectual property among Federal 
and foreign entities, $2,000,000, to remain available until 
September 30, 2006: Provided, That there shall be at the head 
of the National Intellectual Property Law Enforcement 
Coordination Council a Coordinator for International 
Intellectual Property Enforcement: Provided further, That the 
Coordinator for International Intellectual Property Enforcement 
shall be appointed by the President: Provided further, That no 
person shall serve as the Coordinator for International 
Intellectual Property Enforcement while serving in any other 
position in the Federal Government: Provided further, That the 
co-chairs of the National Intellectual Property Law Enforcement 
Coordination Council, as designated by Public Law 106-58, shall 
report to the Coordinator for International Intellectual 
Property Enforcement on matters concerning the National 
Intellectual Property Law Enforcement Coordination Council: 
Provided further, That the National Intellectual Property Law 
Enforcement Coordination Council shall--
            (1) establish policies, objectives, and priorities 
        concerning international intellectual property 
        protection and intellectual property law enforcement;
            (2) promulgate a strategy for protecting American 
        intellectual property overseas; and
            (3) coordinate and oversee implementation by 
        agencies with responsibilities for intellectual 
        property protection and intellectual property law 
        enforcement of the policies, objectives, and priorities 
        established under paragraph (1) and the fulfillment of 
        the responsibilities assigned to such agencies in the 
        strategy described in paragraph (2):
Provided further, That the Coordinator for International 
Intellectual Property Enforcement shall develop for each fiscal 
year, with the advice of the members of the National 
Intellectual Property Law Enforcement Coordination Council and 
any other departments and agencies with responsibilities for 
intellectual property protection and intellectual property law 
enforcement, a budget proposal to implement the strategy 
described in paragraph (2) and for the operations of the 
National Intellectual Property Law Enforcement Coordination 
Council, and shall transmit such budget proposal to the 
President and to the Congress: Provided further, That the 
Coordinator for International Intellectual Property Enforcement 
may select, appoint, employ, and fix compensation of such 
officers and employees as may be necessary to carry out the 
functions of the National Intellectual Property Law Enforcement 
Coordination Council: Provided further, That the Coordinator 
for International Intellectual Property Enforcement may direct, 
with the concurrence of the Secretary of a department or head 
of an agency, the temporary reassignment within the Federal 
Government of personnel employed by such department or agency.

                     International Trade Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the International Trade 
Commission, including hire of passenger motor vehicles, and 
services as authorized by 5 U.S.C. 3109, and not to exceed 
$2,500 for official reception and representation expenses, 
$61,700,000, to remain available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

    For necessary expenses for international trade activities 
of the Department of Commerce provided for by law, and for 
engaging in trade promotional activities abroad, including 
expenses of grants and cooperative agreements for the purpose 
of promoting exports of United States firms, without regard to 
44 U.S.C. 3702 and 3703; full medical coverage for dependent 
members of immediate families of employees stationed overseas 
and employees temporarily posted overseas; travel and 
transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 
49 U.S.C. 40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceeding 
10 years, and expenses of alteration, repair, or improvement; 
purchase or construction of temporary demountable exhibition 
structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $327,000 
for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed 
$30,000 per vehicle; obtaining insurance on official motor 
vehicles; and rental of tie lines, $401,513,000, to remain 
available until expended, of which $8,000,000 is to be derived 
from fees to be retained and used by the International Trade 
Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$48,509,000 shall be for Manufacturing and Services; 
$40,087,000 shall be for Market Access and Compliance; 
$64,544,000 shall be for the Import Administration of which not 
less than $3,000,000 is for the Office of China Compliance; 
$222,365,000 shall be for the United States and Foreign 
Commercial Service of which $1,500,000 is for the Advocacy 
Center, $2,500,000 is for the Trade Information Center, and 
$2,100,000 is for a China and Middle East Business Center; and 
$26,008,000 shall be for Executive Direction and 
Administration: Provided further, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of 
the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade 
and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for 
the purpose of this Act, contributions under the provisions of 
the Mutual Educational and Cultural Exchange Act of 1961 shall 
include payment for assessments for services provided as part 
of these activities: Provided further, That negotiations shall 
be conducted within the World Trade Organization to recognize 
the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
of the amount provided, $1,000,000 is for a grant to the United 
States Air and Trade Show Inc. to study the feasibility of the 
establishment and operation of a biennial United States 
international air trade show to promote international exports 
from the United States and for initial expenses of implementing 
the recommendations set forth in the study: Provided further, 
That for purposes of section 31.205(d)(2) of the Federal 
Acquisition Regulation, any international air and trade show 
conducted by the grantee shall be considered to be a trade show 
containing a significant effort to promote exports from the 
United States.

                    Bureau of Industry and Security

                     OPERATIONS AND ADMINISTRATION

    For necessary expenses for export administration and 
national security activities of the Department of Commerce, 
including costs associated with the performance of export 
administration field activities both domestically and abroad; 
full medical coverage for dependent members of immediate 
families of employees stationed overseas; employment of 
Americans and aliens by contract for services abroad; payment 
of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; 
not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 
401(b); and purchase of passenger motor vehicles for official 
use and motor vehicles for law enforcement use with special 
requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law, $68,393,000, 
to remain available until expended, of which $7,200,000 shall 
be for inspections and other activities related to national 
security: Provided, That the provisions of the first sentence 
of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f) and 2458(c)) shall apply in carrying out these 
activities: Provided further, That payments and contributions 
collected and accepted for materials or services provided as 
part of such activities may be retained for use in covering the 
cost of such activities, and for providing information to the 
public with respect to the export administration and national 
security activities of the Department of Commerce and other 
export control programs of the United States and other 
governments.

                  Economic Development Administration

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    For grants for economic development assistance as provided 
by the Public Works and Economic Development Act of 1965, and 
for trade adjustment assistance, $257,423,000, to remain 
available until expended.

                         SALARIES AND EXPENSES

    For necessary expenses of administering the economic 
development assistance programs as provided for by law, 
$30,483,000: Provided, That these funds may be used to monitor 
projects approved pursuant to title I of the Public Works 
Employment Act of 1976, title II of the Trade Act of 1974, and 
the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     MINORITY BUSINESS DEVELOPMENT

    For necessary expenses of the Department of Commerce in 
fostering, promoting, and developing minority business 
enterprise, including expenses of grants, contracts, and other 
agreements with public or private organizations, $29,899,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

    For necessary expenses, as authorized by law, of economic 
and statistical analysis programs of the Department of 
Commerce, $80,000,000, to remain available until September 30, 
2006, of which $2,000,000 is for a grant to the National 
Academy of Public Administration to study impacts of off-
shoring on the economy and workforce of the United States.

                          Bureau of the Census

                         SALARIES AND EXPENSES

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

                     PERIODIC CENSUSES AND PROGRAMS

    For necessary expenses related to the 2010 decennial 
census, $393,515,000, to remain available until September 30, 
2006: Provided, That of the total amount available related to 
the 2010 decennial census, $165,196,000 is for the Re-
engineered Design Process for the Short-Form Only Census, 
$146,009,000 is for the American Community Survey, and 
$82,310,000 is for the Master Address File/Topologically 
Integrated Geographic Encoding and Referencing (MAF/TIGER) 
system.
    In addition, for expenses to collect and publish statistics 
for other periodic censuses and programs provided for by law, 
$162,601,000, to remain available until September 30, 2006, of 
which $73,473,000 is for economic statistics programs and 
$89,128,000 is for demographic statistics programs: Provided, 
That regarding construction of a facility at the Suitland 
Federal Center, quarterly reports regarding the expenditure of 
funds and project planning, design and cost decisions shall be 
provided by the Bureau, in cooperation with the General 
Services Administration, to the Committees on Appropriations of 
the Senate and the House of Representatives: Provided further, 
That none of the funds provided in this or any other Act under 
the heading ``Bureau of the Census, Periodic Censuses and 
Programs'' shall be used to fund the construction and tenant 
build-out costs of a facility at the Suitland Federal Center: 
Provided further, That none of the funds provided in this or 
any other Act for any fiscal year may be used for the 
collection of Census data on race identification that does not 
include ``some other race'' as a catagory.

       National Telecommunications and Information Administration

                         SALARIES AND EXPENSES

    For necessary expenses, as provided for by law, of the 
National Telecommunications and Information Administration 
(NTIA), $17,433,000, to remain available until September 30, 
2006: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
Secretary of Commerce shall charge Federal agencies for costs 
incurred in spectrum management, analysis, and operations, and 
related services and such fees shall be retained and used as 
offsetting collections for costs of such spectrum services, to 
remain available until expended: Provided further, That the 
Secretary of Commerce is authorized to retain and use as 
offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs 
incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication 
Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

    For the administration of grants authorized by section 392 
of the Communications Act of 1934, $21,769,000, to remain 
available until expended as authorized by section 391 of the 
Act: Provided, That not to exceed $2,000,000 shall be available 
for program administration as authorized by section 391 of the 
Act: Provided further, That, notwithstanding the provisions of 
section 391 of the Act, the prior year unobligated balances may 
be made available for grants for projects for which 
applications have been submitted and approved during any fiscal 
year.

                   INFORMATION INFRASTRUCTURE GRANTS

    For the administration of prior year grants, recoveries and 
unobligated balances of funds previously appropriated for 
grants are available only for the administration of all open 
grants until their expiration.

               United States Patent and Trademark Office

                         SALARIES AND EXPENSES

    For necessary expenses of the United States Patent and 
Trademark Office provided for by law, including defense of 
suits instituted against the Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent 
and Trademark Office, $1,336,000,000, to remain available until 
expended, which shall be derived from offsetting collections 
assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 
41 and 376, and shall be retained and used for necessary 
expenses: Provided, That the sum herein appropriated from the 
general fund shall be reduced as such offsetting collections 
are received during fiscal year 2005, so as to result in a 
fiscal year 2005 appropriation from the general fund estimated 
at $0: Provided further, That during fiscal year 2005, should 
the total amount of offsetting fee collections be less than 
$1,356,000,000, this amount shall be reduced accordingly: 
Provided further, That not less than 526 full-time equivalents, 
530 positions and $72,899,000 shall be for the examination of 
trademark applications; and not less than 5,057 full-time 
equivalents, 5,139 positions and $759,021,000 shall be for the 
examination and searching of patent applications: Provided 
further, That not more than 244 full-time equivalents, 251 
positions and $31,906,000 shall be for the Office of the 
General Counsel: Provided further, That of amounts made 
available under this heading, $20,000,000 shall only be 
available for initiatives to protect United States intellectual 
property overseas: Provided further, That from amounts provided 
herein, not to exceed $1,000 shall be made available in fiscal 
year 2005 for official reception and representation expenses: 
Provided further, That notwithstanding section 1353 of title 
31, United States Code, no employee of the United States Patent 
and Trademark Office may accept payment or reimbursement from a 
non-Federal entity for travel, subsistence, or related expenses 
for the purpose of enabling an employee to attend and 
participate in a convention, conference, or meeting when the 
entity offering payment or reimbursement is a person or 
corporation subject to regulation by the Office, or represents 
a person or corporation subject to regulation by the Office, 
unless the person or corporation is an organization exempt from 
taxation pursuant to section 501(c)(3) of the Internal Revenue 
Code of 1986.
    In addition, fees authorized by title VIII of this Act may 
be collected and credited to this account as offsetting 
collections: Provided, That not to exceed $218,754,000 derived 
from such offsetting collections shall be available until 
expended for authorized purposes: Provided further, That not 
less than 58 full-time equivalents, 72 positions and $5,551,000 
shall be for the examination of trademark applications; and not 
less than 378 full-time equivalents, 709 positions and 
$106,986,000 shall be for the examination and searching of 
patent applications: Provided further, That not more than 20 
full-time equivalents, 20 positions and $4,955,000 shall be for 
the Office of the General Counsel: Provided further, That the 
total amount appropriated from fees collected in fiscal year 
2005, including such increased fees, shall not exceed 
$1,574,754,000: Provided further, That in fiscal year 2005, 
from the amounts made available for ``Salaries and Expenses'' 
for the United States Patent and Trademark Office (PTO), the 
amounts necessary to pay (1) the difference between the 
percentage of basic pay contributed by the PTO and employees 
under section 8334(a) of title 5, United States Code, and the 
normal cost percentage (as defined by section 8331(17) of that 
title) of basic pay, of employees subject to subchapter III of 
chapter 83 of that title; and (2) the present value of the 
otherwise unfunded accruing costs, as determined by the Office 
of Personnel Management, of post-retirement life insurance and 
post-retirement health benefits coverage for all PTO employees, 
shall be transferred to the Civil Service Retirement and 
Disability Fund, the Employees Life Insurance Fund, and the 
Employees Health Benefits Fund, as appropriate, and shall be 
available for the authorized purposes of those accounts.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration

                         SALARIES AND EXPENSES

    For necessary expenses for the Under Secretary for 
Technology Office of Technology Policy, $6,547,000: Provided, 
That section 8(a) of the Technology Administration Act of 1998 
(15 U.S.C. 1511e(a)) is amended by deleting ``Technology 
Administration of '' after ``within the'': Provided further, 
That $200,000 is for the World Congress on Information 
Technology.

             National Institute of Standards and Technology

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    For necessary expenses of the National Institute of 
Standards and Technology, $383,892,000, to remain available 
until expended, of which not to exceed $2,900,000 may be 
transferred to the ``Working Capital Fund''.

                     INDUSTRIAL TECHNOLOGY SERVICES

    For necessary expenses of the Manufacturing Extension 
Partnership of the National Institute of Standards and 
Technology, $109,000,000, to remain available until expended: 
Provided, That the Secretary of Commerce shall not recompete 
any existing Manufacturing Extension Partnership Center prior 
to 2007: Provided further, That hereafter the Manufacturing 
Extension Partnership Program authorized under 15 U.S.C. 278k 
shall be renamed the Hollings Manufacturing Partnership Program 
and the centers established and receiving funding under 15 
U.S.C. 278k paragraph (a) shall be named the Hollings 
Manufacturing Extension Centers.
    In addition, for necessary expenses of the Advanced 
Technology Program of the National Institute of Standards and 
Technology, $142,300,000, to remain available until expended.

                  CONSTRUCTION OF RESEARCH FACILITIES

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for 
the National Institute of Standards and Technology, as 
authorized by 15 U.S.C. 278c-278e, $73,500,000, to remain 
available until expended.

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of activities authorized by law for 
the National Oceanic and Atmospheric Administration, including 
maintenance, operation, and hire of aircraft and vessels; 
grants, contracts, or other payments to nonprofit organizations 
for the purposes of conducting activities pursuant to 
cooperative agreements; and relocation of facilities, 
$2,804,065,000, to remain available until September 30, 2006, 
except for funds provided for cooperative enforcement which 
shall remain available until September 30, 2007: Provided, That 
fees and donations received by the National Ocean Service for 
the management of national marine sanctuaries may be retained 
and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, 
That in addition, $3,000,000 shall be derived by transfer from 
the fund entitled ``Coastal Zone Management'' and in addition 
$65,000,000 shall be derived by transfer from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'': Provided further, That of the 
$2,872,065,000 provided for in direct obligations under this 
heading $2,804,065,000 is appropriated from the General Fund: 
Provided further, That no general administrative charge shall 
be applied against an assigned activity included in this Act or 
the report accompanying this Act except for additional costs 
above the fiscal year 2004 level of $2,600,000 for automating 
and modernizing the NOAA grant processing systems up to a total 
of $5,000,000: Provided further, That the total amount 
available for the National Oceanic and Atmospheric 
Administration corporate services administrative support costs 
shall not exceed $171,530,000: Provided further, That payments 
of funds made available under this heading to the Department of 
Commerce Working Capital Fund including Department of Commerce 
General Counsel legal services shall not exceed $39,500,000: 
Provided further, That any deviation from the amounts 
designated for specific activities in the report accompanying 
this Act shall be subject to the procedures set forth in 
section 605 of this Act: Provided further, That grants to 
States pursuant to sections 306 and 306A of the Coastal Zone 
Management Act of 1972, as amended, shall not exceed 
$2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: 
Provided further, That if funds provided for ``Coastal Zone 
Management Grants'' exceed funds provided in the previous 
fiscal year, then no State shall receive more than 5 percent or 
less than 1 percent of the additional funds: Provided further, 
That none of the funds under this heading are available to 
alter the existing structure, organization, function, and 
funding of the National Marine Fisheries Service Southwest 
Region and Fisheries Science Center and Northwest Region and 
Fisheries Science Center: Provided further, That 
notwithstanding any other provision of law, $600,000 shall be 
available only for the National Oceanic and Atmospheric 
Administration Office of Space Commercialization: Provided 
further, That the personnel management demonstration project 
established at the National Oceanic and Atmospheric 
Administration pursuant to 5 U.S.C. 4703 may be expanded by 
3,500 full-time positions to include up to 6,925 full-time 
positions and may be extended indefinitely: Provided further, 
That the Administrator of the National Oceanic and Atmospheric 
Administration may engage in formal and informal education 
activities, including primary and secondary education, related 
to the agency's mission goals.
    In addition, for necessary retired pay expenses under the 
Retired Serviceman's Family Protection and Survivor Benefits 
Plan, and for payments for the medical care of retired 
personnel and their dependents under the Dependents Medical 
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    For procurement, acquisition and construction of capital 
assets, including alteration and modification costs, of the 
National Oceanic and Atmospheric Administration, $1,053,436,000 
to remain available until September 30, 2007, except funds 
provided for construction of facilities which shall remain 
available until September 30, 2009, and funds provided for the 
Honolulu Laboratory and the Marine Environmental Health 
Research Laboratory which shall remain available until 
expended: Provided, That of the amounts provided for the 
National Polar-orbiting Operational Environmental Satellite 
System, funds shall only be made available on a dollar for 
dollar matching basis with funds provided for the same purpose 
by the Department of Defense: Provided further, That except to 
the extent expressly prohibited by any other law, the 
Department of Defense may delegate procurement functions 
related to the National Polar-orbiting Operational 
Environmental Satellite System to officials of the Department 
of Commerce pursuant to section 2311 of title 10, United States 
Code: Provided further, That any deviation from the amounts 
designated for specific activities in the report accompanying 
this Act shall be subject to the procedures set forth in 
section 605 of this Act: Provided further, That none of the 
funds provided in this Act or any other Act under the heading 
``National Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'' shall be used to fund the 
General Services Administration's standard construction and 
tenant build-out costs of a facility at the Suitland Federal 
Center: Provided further, That beginning in fiscal year 2006 
and for each fiscal year thereafter, the Secretary of Commerce 
shall include in the budget justification materials that the 
Secretary submits to Congress in support of the Department of 
Commerce budget (as submitted with the budget of the President 
under section 1105(a) of title 31, 10 United States Code) an 
estimate for each National Oceanic and Atmospheric 
Administration procurement, acquisition and construction 
program having a total multiyear program cost of more than 
$5,000,000 and simultaneously the budget justification 
materials shall include an estimate of the budgetary 
requirements for each such program for each of the five 
subsequent fiscal years.

                    PACIFIC COASTAL SALMON RECOVERY

    For necessary expenses associated with the restoration of 
Pacific salmon populations, $90,000,000: Provided, That section 
628(2)(A) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2001 
(16 U.S.C. 3645) is amended--
            (1) by striking ``2000, 2001, 2002, and 2003'' and 
        inserting ``2005'', and
            (2) by inserting ``Idaho,'' after ``Oregon,''.

                      COASTAL ZONE MANAGEMENT FUND

    Of amounts collected pursuant to section 308 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
$3,000,000 shall be transferred to the ``Operations, Research, 
and Facilities'' account to offset the costs of implementing 
such Act.

                      FISHERMEN'S CONTINGENCY FUND

    For carrying out the provisions of title IV of Public Law 
95-372, not to exceed $499,000, to be derived from receipts 
collected pursuant to that Act, to remain available until 
expended.

                   FISHERIES FINANCE PROGRAM ACCOUNT

    For the costs of direct loans, $287,000, as authorized by 
the Merchant Marine Act of 1936: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in the Federal Credit Reform Act of 1990: Provided further, 
That these funds are only available to subsidize gross 
obligations for the principal amount of direct loans not to 
exceed $5,000,000 for Individual Fishing Quota loans, and not 
to exceed $59,000,000 for traditional direct loans, of which 
$40,000,000 may be used for direct loans to the United States 
distant water tuna fleet, and of which $19,000,000 may be used 
for direct loans to the United States menhaden fishery: 
Provided further, That none of the funds made available under 
this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United 
States fishery.

                                 OTHER

                        Departmental Management

                         SALARIES AND EXPENSES

    For expenses necessary for the departmental management of 
the Department of Commerce provided for by law, including not 
to exceed $5,000 for official entertainment, $48,109,000: 
Provided, That not to exceed 12 full-time equivalents and 
$1,621,000 shall be expended for the legislative affairs 
function of the Department.

               UNITED STATES TRAVEL AND TOURISM PROMOTION

    For necessary expenses of the United States Travel and 
Tourism Promotion Program, as authorized by section 210 of 
Public Law 108-7, for programs promoting travel to the United 
States including grants, contracts, cooperative agreements and 
related costs, $10,000,000, to remain available until September 
30, 2006.

                      OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978 (5 U.S.C. App.), $21,660,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable 
appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities 
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
the extent and in the manner prescribed by the Act, and, 
notwithstanding 31 U.S.C. 3324, may be used for advanced 
payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such 
payments are in the public interest.
    Sec. 202. During the current fiscal year, appropriations 
made available to the Department of Commerce by this Act for 
salaries and expenses shall be available for hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; 
services as authorized by 5 U.S.C. 3109; and uniforms or 
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
    Sec. 203. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Commerce in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfers: Provided, That any 
transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: 
Provided further, That the Secretary of Commerce shall notify 
the Committees on Appropriations at least 15 days in advance of 
the acquisition or disposal of any capital asset (including 
land, structures, and equipment) not specifically provided for 
in this or any other Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act.
    Sec. 204. Any costs incurred by a department or agency 
funded under this title resulting from personnel actions taken 
in response to funding reductions included in this title or 
from actions taken for the care and protection of loan 
collateral or grant property shall be absorbed within the total 
budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included 
elsewhere in this Act: Provided further, That use of funds to 
carry out this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 205. Hereafter, none of the funds made available by 
this or any other Act for the Department of Commerce shall be 
available to reimburse the Unemployment Trust Fund or any other 
fund or account of the Treasury to pay for any expenses 
authorized by section 8501 of title 5, United States Code, for 
services performed by individuals appointed to temporary 
positions within the Bureau of the Census for purposes relating 
to the decennial censuses of population.
    Sec. 206. Of the amount available from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'', $10,000,000 shall be provided to the 
Alaska Fisheries Marketing Board, $1,000,000 shall be available 
for the ``Wild American Shrimp Initiative'', and $1,000,000 
shall be available for the Gulf Oyster Industry Education 
Program: Provided, That (1) the Alaska Fisheries Marketing 
Board (hereinafter ``the Board'') shall be a nonprofit 
organization and not an agency or establishment of the United 
States, (2) the Secretary may appoint, assign, or otherwise 
designate as Executive Director an employee of the Department 
of Commerce, who may serve in an official capacity in such 
position, with or without reimbursement, and such appointment 
or assignment shall be without interruption or loss of civil 
service status or privilege, and (3) the Board may adopt bylaws 
consistent with the purposes of this section, and may undertake 
other acts necessary to carry out the provisions of this 
section.
    Sec. 207. (a) Hereafter, the Secretary of Commerce is 
authorized to operate a marine laboratory in South Carolina in 
accordance with a memorandum of agreement, including any future 
amendments, among the National Oceanic and Atmospheric 
Administration, the National Institute of Standards and 
Technology, the State of South Carolina, the Medical University 
of South Carolina, and the College of Charleston as a 
partnership for collaborative, interdisciplinary marine 
scientific research.
    (b) To carry out subsection (a), the agencies that are 
partners in the Laboratory may accept, apply for, use, and 
spend Federal, State, private and grant funds as necessary to 
further the mission of the Laboratory without regard to the 
source or of the period of availability of these funds and may 
apply for and hold patents, as well as share personnel, 
facilities, and property. Any funds collected or accepted by 
any partner may be used to offset all or portions of its costs, 
including overhead, without regard to 31 U.S.C. section 
143302(b); to reimburse other participating agencies for all or 
portions of their costs; and to fund research and facilities 
expansion. Funds for management and operation of the Laboratory 
may be used to sustain basic laboratory operations for all 
participating entities. The Secretary of Commerce is authorized 
to charge fees and enter into contracts, grants, cooperative 
agreements and other arrangements with Federal, State, private 
entities, and other entities, domestic and foreign, tofurther 
the mission of the Laboratory. Any funds collected from such fees or 
arrangements shall be used to support cooperative research, basic 
operations, and facilities enhancement at the Laboratory.
    Sec. 208. Funds made available for salaries and 
administrative expenses to administer the Emergency Steel Loan 
Guarantee Program in section 211(b) of Public Law 108-199 shall 
remain available until expended.
    Sec. 209. A fishing capacity reduction program for the 
Southeast Alaska purse seine fishery is authorized to be 
financed through a capacity reduction loan of $50,000,000 
pursuant to sections 1111 and 1112 of title XI of the Merchant 
Marine Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to 
the conditions of this section. In accordance with the Federal 
Credit Reform Act of 1990, 2 U.S.C. Sec. 661 et seq., $500,000 
is made available from funds appropriated for ``Pacific Coastal 
Salmon Recovery'' in this Act for the cost of the loan 
authorized by this section. The loan shall have a term of 30 
years, except that the amount to be repaid in any one year 
shall not exceed 2 percent of the total value of salmon landed 
in the fishery and such repayment shall begin with salmon 
landed after January 1, 2006.
    Sec. 210. Section 653(a) of Public Law 106-58 is amended by 
adding ``(7) The Coordinator for International Intellectual 
Property Enforcement.'' after ``Under Secretary of Commerce for 
International Trade.''.
    Sec. 211. Notwithstanding any other provision of law, of 
the amounts made available elsewhere in this title to the 
``National Institute of Standards and Technology, Construction 
of Research Facilities'', $20,000,000 is for a cooperative 
agreement with the Medical University of South Carolina; 
$10,000,000 is for the Cancer Research Center in Hawaii; 
$4,000,000 is for the Thayer School of Engineering, of which 
$1,000,000 is for a biomass energy research project, $2,000,000 
is for a smart laser beam project, and $1,000,000 is for 
research relating to biomaterials; $1,000,000 is for civic 
education programs at the New Hampshire Institute of Politics; 
$1,500,000 is for the Franklin Pierce Community Center; 
$2,000,000 is for the Southern New Hampshire University School 
of Community Economic Development; and $5,000,000 is for the 
Boston Museum of Science.
    Sec. 212. Section 3(f) of Public Law 104-91 is amended by 
striking ``and 2005'' and inserting ``2005, 2006, and 2007''.
    Sec. 213. Hereafter, notwithstanding any other Federal law 
related to the conservation and management of marine mammals, 
the State of Hawaii may enforce any State law or regulation 
with respect to the operation in State waters of recreational 
and commercial vessels, for the purpose of conservation and 
management of humpback whales, to the extent that such law or 
regulation is no less restrictive than Federal law.
    Sec. 214. Establishment of the Ernest F. Hollings 
Scholarship Program. (a) Establishment.--The Administrator of 
the National Oceanic and Atmospheric Administration shall 
establish and administer the Ernest F. Hollings Scholarship 
Program. Under the program, the Administrator shall award 
scholarships in oceanic and atmospheric science, research, 
technology, and education to be known as Ernest F. Hollings 
Scholarships.
    (b) Purposes.--The purposes of the Ernest F. Hollings 
Scholarships Program are--
            (1) to increase undergraduate training in oceanic 
        and atmospheric science, research, technology, and 
        education and foster multidisciplinary training 
        opportunities;
            (2) to increase public understanding and support 
        for stewardship of the ocean and atmosphere and improve 
        environmental literacy; and
            (3) to recruit and prepare students for public 
        service careers with the National Oceanic and 
        Atmospheric Administration and other natural resource 
        and science agencies at the Federal, State and Local 
        levels of government; and
            (4) to recruit and prepare students for careers as 
        teachers and educators in oceanic and atmospheric 
        science and to improve scientific and environmental 
        education in the United States.
    (c) Award.--Each Ernest F. Hollings Scholarship--
            (1) shall be used to support undergraduate studies 
        in oceanic and atmospheric science, research, 
        technology, and education that support the purposes of 
        the programs and missions of the National Oceanic and 
        Atmospheric Administration;
            (2) shall recognize outstanding scholarship and 
        ability;
            (3) shall promote participation by groups 
        underrepresented in oceanic and atmospheric science and 
        technology; and
            (4) shall be awarded competitively in accordance 
        with guidelines issued by the Administrator and 
        published in the Federal Register.
    (d) Eligibility.--In order to be eligible to participate in 
the program, an individual must--
            (1) be enrolled or accepted for enrollment as a 
        full-time student at an institution of higher education 
        (as defined in section 101(a) of the Higher Education 
        Act of 1965) in an academic field or discipline 
        described in subsection (c);
            (2) be a United States citizen;
            (3) not have received a scholarship under this 
        section for more than 4 academic years, unless the 
        Administrator grants a waiver; and
            (4) submit an application at such time, in such 
        manner, and containing such information, agreements, or 
        assurances as the Administrator may require.
    (e) Distribution of Funds.--The amount of each Ernest F. 
Hollings Scholarship shall be provided directly to a recipient 
selected by the Administrator upon receipt of certification 
that the recipient will adhere to a specific and detailed plan 
of study and research approved by an institution of higher 
education.
    (f) Funding.--Of the total amount appropriated for fiscal 
year 2005 and annually hereafter to the National Oceanic and 
Atmospheric Administration, the Administrator shall make 
available for the Ernest F. Hollings Scholarship program one-
tenth of one percent of such appropriations.
    (g) Scholarship Repayment Requirement.--The Administrator 
shall require an individual receiving a scholarship under this 
section to repay the full amount of the scholarship to the 
National Oceanic and Atmospheric Administration if the 
Administrator determines that the individual, in obtaining or 
using the scholarship, engaged in fraudulent conduct or failed 
to comply with any term or condition of the scholarship. Such 
repayments shall be deposited in the NOAA Operations, Research, 
and Facilities Appropriations Account and treated as an 
offsetting collection and only be available for financing 
additional scholarships.
    Sec. 215. Section 402(f) of Public Law 107-372 is amended--
            (1) in paragraph (1), by striking ``All right'' and 
        inserting ``For the period ending April 3, 2008, all 
        right''; and
            (2) in paragraph (3), by inserting ``for the period 
        ending April 3, 2008'' after ``and annually 
        thereafter''.
    Sec. 216. Of the amounts made available under this heading 
for the National Oceanic and Atmospheric Administration, the 
Secretary of Commerce shall pay by March 1, 2005, $5,000,000 to 
the National Marine Sanctuaries Foundation to capitalize a fund 
for ocean activities.
    Sec. 217. Any funding provided under this Title used to 
implement the Department of Commerce's E-Government Initiatives 
shall be subject to the procedures set forth in section 605 of 
this Act.
    Sec. 218. A fishing capacity reduction program for the 
Federal Gulf of Mexico Reef Fish Fishery Management Plan 
principally intended for commercial long line vessels is 
authorized to be financed through a capacity reduction loan of 
$35,000,000 pursuant to sections 1111 and 1112 of title XI of 
the Merchant Marine Act of 1936 (46 U.S.C. App. 1279f and 
1279g) subject to the conditions of this section. In accordance 
with the Federal Credit Reform Act of 1990 (2 U.S.C. Sec. 661 
et seq.), $350,000 is hereby appropriated for the subsidy cost 
of the loan authorized under this section and shall remain 
available until expended. The Secretary of Commerce, working in 
close coordination with active fishery participants, is hereby 
authorized to design and implement a comprehensive voluntary 
capacity reduction program using the loan authorized under this 
section. The Secretary shall set the loan term at 35 years and 
repayment shall begin within one year of final implementation 
of the program. In addition to the authority of the Gulf of 
Mexico Regional Fishery Management Council to develop and 
recommend conservation and management measures for the Gulf of 
Mexico reef fish fishery, the Secretary of Commerce is 
authorized to develop and implement a limited access program 
pursuant to the standards set forth in Section 303(b)(6) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1853(b)(6)).
    Sec. 219. (a) Definitions.--In this section:
            (1) AFA trawl catcher processor subsector.--The 
        term ``AFA trawl catcher processor subsector'' means 
        the owners of each catcher/processor listed in 
        paragraphs (1) through (20) of section 208(e) of the 
        American Fisheries Act (16 U.S.C. 1851 note).
            (2) BSAI.--The term ``BSAI'' has the meaning given 
        the term ``Bering Sea and Aleutian Islands Management 
        Area'' in section 679.2 of title 50, Code of Federal 
        Regulations (or successor regulation).
            (3) Catcher processor subsector.--The term 
        ``catcher processor subsector'' means, as appropriate, 
        one of the following:
                    (A) The longline catcher processor 
                subsector.
                    (B) The AFA trawl catcher processor 
                subsector.
                    (C) The non-AFA trawl catcher processor 
                subsector.
                    (D) The pot catcher processor subsector.
            (4) Council.--The term ``Council'' means the North 
        Pacific Fishery Management Council established in 
        section 302(a)(1)(G) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 
        1852(a)(1)(G)).
            (5) LLP license.--The term ``LLP license'' means a 
        Federal License Limitation program groundfish license 
        issued pursuant to section 679.4(k) of title 50, Code 
        of Federal Regulations (or successor regulation).
            (6) Longline catcher processor subsector.--The term 
        ``longline catcher processor subsector'' means the 
        holders of an LLP license that is noninterim and 
        transferable, or that is interim and subsequently 
        becomes noninterim and transferable, and that is 
        endorsed for Bering Sea or Aleutian Islands catcher 
        processor fishing activity, C/P, Pcod, and hook and 
        line gear.
            (7) Non-afa trawl catcher processor subsector.--The 
        term ``non-AFA trawl catcher processor subsector'' 
        means the owner of each trawl catcher processor--
                    (A) that is not an AFA trawl catcher 
                processor;
                    (B) to whom a valid LLP license that is 
                endorsed for Bering Sea or Aleutian Islands 
                trawl catcher processor fishing activity has 
                been issued; and
                    (C) that the Secretary determines has 
                harvested with trawl gear and processed not 
                less than a total of 150 metric tons of non-
                pollock groundfish during the period January 1, 
                1997 through December 31, 2002.
            (8) Non-pollock groundfish fishery.--The term 
        ``non-pollock groundfish fishery'' means target species 
        of Atka mackerel, flathead sole, Pacific cod, Pacific 
        Ocean perch, rock sole, turbot, or yellowfin sole 
        harvested in the BSAI.
            (9) Pot catcher processor subsector.--The term 
        ``pot catcher processor subsector'' means the holders 
        of an LLP license that is noninterim and transferable, 
        or that is interim and subsequently becomes noninterim 
        and transferable, and that is endorsed for Bering Sea 
        or Aleutian Islands catcher processor fishing activity, 
        C/P, Pcod, and pot gear.
            (10) Secretary.--Except as otherwise provided in 
        this Act, the term ``Secretary'' means the Secretary of 
        Commerce.
    (b) Authority for BSAI Catcher Processor Capacity Reduction 
Program.--
            (1) In general.--A fishing capacity reduction 
        program for the non-pollock groundfish fishery in the 
        BSAI is authorized to be financed through a capacity 
        reduction loan of not more than $75,000,000 under 
        sections 1111 and 1112 of the Merchant Marine Act, 1936 
        (46 U.S.C. App. 1279f and 1279g).
            (2) Relationship to merchant marine act, 1936.--The 
        fishing capacity reduction program authorized by 
        paragraph (1) shall be a program for the purposes of 
        subsection (e) of section 1111 of the Merchant Marine 
        Act, 1936 (46 U.S.C. App. 1279f), except, 
        notwithstanding subsection (b)(4) of such section, the 
        capacity reduction loan authorized by paragraph (1) may 
        have a maturity not to exceed 30 years.
    (c) Availability of Capacity Reduction Funds to Catcher 
Processor Subsectors.--
            (1) In general.--The Secretary shall make available 
        the amounts of the capacity reduction loan authorized 
        by subsection (b)(1) to each catcher processor 
        subsector as described in this subsection.
            (2) Initial availability of funds.--The Secretary 
        shall make available the amounts of the capacity 
        reduction loan authorized by subsection (b)(1) as 
        follows:
                    (A) Not more than $36,000,000 for the 
                longline catcher processor subsector.
                    (B) Not more than $6,000,000 for the AFA 
                trawl catcher processor subsector.
                    (C) Not more than $31,000,000 for the non-
                AFA trawl catcher processor subsector.
                    (D) Not more than $2,000,000 for the pot 
                catcher processor subsector.
            (3) Other availability of funds.--After January 1, 
        2009, the Secretary may make available for fishing 
        capacity reduction to one or more of the catcher 
        processor subsectors any amounts of the capacity 
        reduction loan authorized by subsection (b)(1) that 
        have not been expended by that date.
    (d) Binding Reduction Contracts.--
            (1) Requirement for contracts.--The Secretary may 
        not provide funds to a person under the fishing 
        capacity reduction program authorized by subsection (b) 
        if such person does not enter into a binding reduction 
        contract between the United States and such person, the 
        performance of which may only be subject to the 
        approval of an appropriate capacity reduction plan 
        under subsection (e).
            (2) Requirement to revoke licenses.--The Secretary 
        shall revoke all Federal fishery licenses, fishery 
        permits, and area and species endorsements issued for a 
        vessel, or any vessel named on an LLP license purchased 
        through the fishing capacity reduction program 
        authorized by subsection (b).
    (e) Development, Approval, and Notification of Capacity 
Reduction Plans.--
            (1) Development.--Each catcher processor subsector 
        may, after notice to the Council, submit to the 
        Secretary a capacity reduction plan for the appropriate 
        subsector to promote sustainable fisheries management 
        through the removal of excess harvesting capacity from 
        the non-pollock groundfish fishery.
            (2) Approval by the secretary.--The Secretary is 
        authorized to approve a capacity reduction plan 
        submitted under paragraph (1) if such plan--
                    (A) is consistent with the requirements of 
                section 312(b) of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 
                1861a(b)) except--
                            (i) the requirement that a Council 
                        or Governor of a State request such a 
                        program set out in paragraph (1) of 
                        such subsection; and
                            (ii) the requirements of paragraph 
                        (4) of such subsection;
                    (B) contains provisions for a fee system 
                that provides for full and timely repayment of 
                the capacity reduction loan by a catcher 
                processor subsector and that may provide for 
                the assessment of such fees based on methods 
                other than ex-vessel value of fish harvested;
                    (C) does not require a bidding or auction 
                process;
                    (D) will result in the maximum sustained 
                reduction in fishing capacity at the least cost 
                and in the minimum amount of time; and
                    (E) permits vessels in the catcher 
                processor subsector to be upgraded to achieve 
                efficiencies in fishing operations provided 
                that such upgrades do not result in the vessel 
                exceeding the applicable length, tonnage, or 
                horsepower limitations set out in Federal law 
                or regulation.
            (3) Approval by referendum.--
                    (A) In general.--Following approval by the 
                Secretary under paragraph (2), the Secretary 
                shall conduct a referendum for approval of a 
                capacity reduction plan for the appropriate 
                catcher processor subsector. The capacity 
                reduction plan and fee system shall be approved 
                if the referendum votes which are cast in favor 
                of the proposed system by the appropriate 
                catcher processor subsector are--
                            (i) 100 percent of the members of 
                        the AFA trawl catcher processor 
                        subsector; or
                            (ii) not less than \2/3\ of the 
                        members of--
                                    (I) the longline catcher 
                                processor subsector;
                                    (II) the non-AFA trawl 
                                catcher processor subsector; or
                                    (III) the pot catcher 
                                processor subsector.
                    (B) Notification prior to referendum.--
                Prior to conducting a referendum under 
                subparagraph (A) for a capacity reduction plan, 
                the Secretary shall--
                            (i) identify, to the extent 
                        practicable, and notify the catcher 
                        processor subsector that will be 
                        affected by such plan; and
                            (ii) make available to such 
                        subsector information about any 
                        industry fee systemcontained in such 
plan, a description of the schedule, procedures, and eligibility 
requirements for the referendum, the proposed program, the estimated 
capacity reduction, the amount and duration, and any other terms and 
conditions of the fee system proposed in such plan.
            (4) Implementation.--
                    (A) Notice of implementation.--Not later 
                than 90 days after a capacity reduction plan is 
                approved by a referendum under paragraph (3), 
                the Secretary shall publish a notice in the 
                Federal Register that includes the exact terms 
                and conditions under which the Secretary shall 
                implement the fishing capacity reduction 
                program authorized by subsection (b).
                    (B) Inapplicability of implementation 
                provision of magnuson.--Section 312(e) of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a(e)) shall not 
                apply to a capacity reduction plan approved 
                under this subsection.
            (5) Authority to collect fees.--The Secretary is 
        authorized to collect fees to fund a fishing capacity 
        reduction program and to repay debt obligations 
        incurred pursuant to a plan approved under paragraph 
        (3)(A).
    (f) Action by Other Entities.--Upon the request of the 
Secretary, the Secretary of the Department in which the 
National Vessel Documentation Center operates or the Secretary 
of the Department in which the Maritime Administration 
operates, as appropriate, shall, with respect to any vessel or 
any vessel named on an LLP license purchased through the 
fishing capacity reduction program authorized by subsection 
(b)--
            (1)(A) permanently revoke any fishery endorsement 
        issued to the vessel under section 12108 of title 46, 
        United States Code;
            (B) refuse to grant the approval required under 
        section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C. 
        App. 808(c)(2)) for the placement of the vessel under 
        foreign registry or the operation of the vessel under 
        the authority of a foreign country; and
            (C) require that the vessel operate under United 
        States flag and remain under Federal documentation; or
            (2) require that the vessel be scrapped as a 
        reduction vessel under section 600.1011(c) of title 50, 
        Code of Federal Regulations.
    (g) Non-Pollock Groundfish Fishery.--
            (1) Participation in the fishery.--Only a member of 
        a catcher processor subsector may participate in--
                    (A) the catcher processor sector of the 
                BSAI non-pollock groundfish fishery; or
                    (B) the fishing capacity reduction program 
                authorized by subsection (b).
            (2) Plans for the fishery.--It is the sense of 
        Congress that--
                    (A) the Council should continue on its path 
                toward rationalization of the BSAI non-pollock 
                groundfish fisheries, complete its ongoing work 
                with respect to developing management plans for 
                the BSAI non-pollock groundfish fisheries in a 
                timely manner, and take actions that promote 
                stability of these fisheries consistent with 
                the goals of this section and the purposes and 
                policies of the Magnuson-Stevens Fishery 
                Conservation and Management Act; and
                    (B) such plans should not penalize members 
                of any catcher processor subsector for 
                achieving capacity reduction under this Act or 
                any other provision of law.
    (h) Reports.--
            (1) Requirement.--The Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Resources of the House 
        of Representatives 5 reports on the fishing capacity 
        reduction program authorized by subsection (b).
            (2) Content.--Each report shall contain the 
        following:
                    (A) A description of the fishing capacity 
                reduction program carried out under the 
                authority in subsection (b).
                    (B) An evaluation of the cost and cost-
                effectiveness of such program.
                    (C) An evaluation of the effectiveness of 
                such program in achieving the objective set out 
                in section 312(b) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1861a(b)).
            (3) Schedule.--
                    (A) Initial report.--The Secretary shall 
                submit the first report under paragraph (1) not 
                later than 90 days after the date that the 
                first referendum referred to in subsection 
                (e)(3) is held.
                    (B) Subsequent reports.--During each of the 
                4 years after the year in which the report is 
                submitted under subparagraph (A), the Secretary 
                shall submit to Congress an annual report as 
                described in this subsection.
    (i) Conforming Amendment.--Section 214 of the Department of 
Commerce and Related Agencies Appropriations Act, 2004 (title 
II of division B of Public Law 108-199; 118 Stat. 75) is 
amended by striking ``that--'' and all that follows, and 
inserting ``under the capacity reduction program authorized in 
section 219 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 
2005.''.
    Sec. 220. None of the funds appropriated in this Act or any 
other Act may be used to disqualify any community which was a 
participant in the Bering Sea Community Development Quota 
program on January 1, 2004, from continuing to receive quota 
allocations under that program.
    Sec. 221. In addition to amounts made available under 
section 214 of the Department of Commerce and Related Agencies 
Appropriations Act, 2004 (title II of division B of Public Law 
108-199; 118 Stat. 75), of the funding provided in this Act 
under the heading ``National Oceanic and Atmospheric 
Administration'', ``operations, research, and facilities'', 
$250,000, to remain available until expended, for the Federal 
Credit Reform Act cost of a reduction loan under sections 1111 
and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f 
and 1279g), not to exceed an additional $25,000,000 in 
principal, for the capacity reduction program authorized in 
section 219.
    This title may be cited as the ``Department of Commerce and 
Related Agencies Appropriations Act, 2005''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         SALARIES AND EXPENSES

    For expenses necessary for the operation of the Supreme 
Court, as required by law, excluding care of the building and 
grounds, including purchase or hire, driving, maintenance, and 
operation of an automobile for the Chief Justice, not to exceed 
$10,000 for the purpose of transporting Associate Justices, and 
hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343 and 1344; not to exceed $10,000 for official reception and 
representation expenses; and for miscellaneous expenses, to be 
expended as the Chief Justice may approve, $58,122,000.

                    CARE OF THE BUILDING AND GROUNDS

    For such expenditures as may be necessary to enable the 
Architect of the Capitol to carry out the duties imposed upon 
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $9,979,000, which shall remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         SALARIES AND EXPENSES

    For salaries of the chief judge, judges, and other officers 
and employees, and for necessary expenses of the court, as 
authorized by law, $21,780,000.

               United States Court of International Trade

                         SALARIES AND EXPENSES

    For salaries of the chief judge and eight judges, salaries 
of the officers and employees of the court, services, and 
necessary expenses of the court, as authorized by law, 
$14,888,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

    For the salaries of circuit and district judges (including 
judges of the territorial courts of the United States), 
justices and judges retired from office or from regular active 
service, judges of the United States Court of Federal Claims, 
bankruptcy judges, magistrate judges, and all other officers 
and employees of the Federal Judiciary not otherwise 
specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,177,244,000 (including the 
purchase of firearms and ammunition); of which not to exceed 
$27,817,000 shall remain available until expended for space 
alteration projects and for furniture and furnishings related 
to new space alteration and construction projects; of which not 
to exceed $2,800,000 shall be available for a national 
probation and pretrial services training program; of which 
$1,300,000 of the funds provided for the Judiciary Information 
Technology Fund will be for the Edwin L. Nelson Local 
Initiatives Program, within which $1,000,000 will be reserved 
for local court grants.
    In addition, for expenses of the United States Court of 
Federal Claims associated with processing cases under the 
National Childhood Vaccine Injury Act of 1986, not to exceed 
$3,298,000, to be appropriated from the Vaccine Injury 
Compensation Trust Fund.

                           DEFENDER SERVICES

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys 
appointed to represent persons under the Criminal Justice Act 
of 1964; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services 
under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); 
the compensation (in accordance with Criminal Justice Act 
maximums) and reimbursement of expenses of attorneys appointed 
to assist the court in criminal cases where the defendant has 
waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting 
on behalf of financially eligible minor or incompetent 
offenders in connection with transfers from the United States 
to foreign countries with which the United States has a treaty 
for the execution of penal sentences; the compensation of 
attorneys appointed to represent jurors in civil actions for 
the protection of their employment, as authorized by 28 U.S.C. 
1875(d); and for necessary training and general administrative 
expenses, $676,385,000, to remain available until expended.

                    FEES OF JURORS AND COMMISSIONERS

    For fees and expenses of jurors as authorized by 28 U.S.C. 
1871 and 1876; compensation of jury commissioners as authorized 
by 28 U.S.C. 1863; and compensation of commissioners appointed 
in condemnation cases pursuant to rule 71A(h) of the Federal 
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), 
$61,535,000, to remain available until expended: Provided, That 
the compensation of land commissioners shall not exceed the 
daily equivalent of the highest rate payable under section 5332 
of title 5, United States Code.

                             COURT SECURITY

    For necessary expenses, not otherwise provided for, 
incident to providing protective guard services for United 
States courthouses and other facilities housing Federal court 
operations, and the procurement, installation, and maintenance 
of security equipment for United States courthouses and other 
facilities housing Federal court operations, including building 
ingress-egress control, inspection of mail and packages, 
directed security patrols, perimeter security, basic security 
services provided by the Department of Homeland Security, and 
other similar activities as authorized by section 1010 of the 
Judicial Improvement and Access to Justice Act (Public Law 100-
702), $332,000,000, of which not to exceed $10,000,000 shall 
remain available until expended, to be expended directly or 
transferred to the United States Marshals Service, which shall 
be responsible for administering the Judicial Facility Security 
Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States 
Courts and the Attorney General.

           Administrative Office of the United States Courts

                         SALARIES AND EXPENSES

    For necessary expenses of the Administrative Office of the 
United States Courts as authorized by law, including travel as 
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 
as authorized by 31 U.S.C. 1343(b), advertising and rent in the 
District of Columbia and elsewhere, $68,200,000, of which not 
to exceed $8,500 is authorized for official reception and 
representation expenses.

                        Federal Judicial Center

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $21,737,000; of which 
$1,800,000 shall remain available through September 30, 2006, 
to provide education and training to Federal court personnel; 
and of which not to exceed $1,500 is authorized for official 
reception and representation expenses.

                       Judicial Retirement Funds

                    PAYMENT TO JUDICIARY TRUST FUNDS

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial 
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
$2,000,000; and to the United States Court of Federal Claims 
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
$2,700,000.

                  United States Sentencing Commission

                         SALARIES AND EXPENSES

    For the salaries and expenses necessary to carry out the 
provisions of chapter 58 of title 28, United States Code, 
$13,304,000, of which not to exceed $1,000 is authorized for 
official reception and representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this 
title which are available for salaries and expenses shall be 
available for services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this 
Act may be transferred between such appropriations, but no such 
appropriation, except ``Courts of Appeals, District Courts, and 
Other Judicial Services, Defender Services'' and ``Courts of 
Appeals, District Courts, and Other Judicial Services, Fees of 
Jurors and Commissioners'', shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the 
salaries and expenses appropriation for Courts of Appeals, 
District Courts, and Other Judicial Services shall be available 
for official reception and representation expenses of the 
Judicial Conference of the United States: Provided, That such 
available funds shall not exceed $11,000 and shall be 
administered by the Director of the Administrative Office of 
the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304. (a) Section 3006A(d)(2) of title 18, United 
States Code, is amended--
            (1) by striking ``5,200'' and inserting ``7,000'';
            (2) by striking ``1,500'' and inserting ``2,000'';
            (3) by striking ``3,700'' and inserting ``5,000'';
            (4) by striking ``1,200'' each place it appears and 
        inserting ``1,500''; and
            (5) by striking ``3,900'' and inserting ``5,000''.
    (b) Section 3006A(e) of title 18, United States Code is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking 
                ``300'' and inserting ``500''; and
                    (B) in subparagraph (B), by striking 
                ``300'' and inserting ``500''; and
            (2) in paragraph (3) in the first sentence by 
        striking ``1,000'' and inserting ``1,600''.
    Sec. 305. Within 90 days of enactment of this Act, the 
Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for 
the Judiciary allocating all sources of available funds 
including appropriations, fee collections, and carryover 
balances, to include a separate and detailed plan for the 
Judiciary Information Technology fund.
    Sec. 306. Pursuant to section 140 of Public Law 97-92, and 
from funds appropriated in this Act, Justices and judges of the 
United States are authorized during fiscal year 2005, to 
receive a salary adjustment in accordance with 28 U.S.C. 461.
    Sec. 307. (a) Section 1914(a) of title 28, United States 
Code, is amended by striking out ``$150'' and inserting in lieu 
thereof ``$250''.
    (b) Section 1931(a) of title 28, United States Code, is 
amended--
            (1) in subsection (a) by striking out ``$90'' and 
        inserting in lieu thereof ``$190''; and
            (2) in subsection (b)--
                    (A) by striking out ``$150'' and inserting 
                in lieu thereof ``$250''; and
                    (B) by striking out ``$90'' and inserting 
                in lieu thereof ``$190''.
    (c) This section shall take effect 60 days after the date 
of the enactment of this Act.
    Sec. 308. For fiscal year 2005 and hereafter, such fees as 
shall be collected for the processing of violations through the 
Central Violations Bureau cases as prescribed by the Judicial 
Conference of the United States shall be deposited to the 
``Courts of Appeals, District Courts, and Other Judicial 
Services, Salaries and Expenses'' appropriation to be used for 
salaries and other expenses.
    This title may be cited as the ``Judiciary Appropriations 
Act, 2005''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including 
employment, without regard to civil service and classification 
laws, of persons on a temporary basis (not to exceed $700,000 
of this appropriation), as authorized by section 801 of the 
United States Information and Educational Exchange Act of 1948; 
representation to certain international organizations in which 
the United States participates pursuant to treaties ratified 
pursuant to the advice and consent of the Senate or specific 
Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by law; 
and for expenses of general administration, $3,570,000,000: 
Provided, That not to exceed 71 permanent positions shall be 
for the Bureau of Legislative Affairs: Provided further, That 
none of the funds made available under this heading may be used 
to transfer any full-time equivalent employees into or out of 
the Bureau of Legislative Affairs: Provided further, That, of 
the amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That, of 
the amount made available under this heading, $319,994,000 
shall be available only for public diplomacy international 
information programs: Provided further, That of the amount made 
available under this heading, $3,000,000 shall be available 
only for the operations of the Office on Right-Sizing the 
United States Government Overseas Presence: Provided further, 
That funds available under this heading may be available for a 
United States Government interagency task force to examine, 
coordinate and oversee United States participation in the 
United Nations headquarters renovation project: Provided 
further, That no funds may be obligated or expended for 
processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China unless, at least 
15 days in advance, the Committees on Appropriations of the 
House of Representatives and the Senate are notified of such 
proposed action: Provided further, That of the amount made 
available under this heading, $185,128,000 is for Near Eastern 
Affairs, $80,234,000 is for South Asian Affairs, and 
$251,706,000 is for African Affairs: Provided further, That, of 
the amount made available under this heading, $2,000,000 shall 
be available for a grant to conduct an international conference 
on the human rights situation in North Korea: Provided further, 
That of the amount made available under this heading, $200,000 
is for a grant to the Center for the Study of the Presidency 
and $1,900,000 is for a grant to Shared Hope International to 
combat international sex tourism: Provided further, That the 
Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International 
Intellectual Property Enforcement within 60 days of enactment 
of this Act.
    In addition, not to exceed $1,426,000 shall be derived from 
fees collected from other executive agencies for lease or use 
of facilities located at the International Center in accordance 
with section 4 of the International Center Act; in addition, as 
authorized by section 5 of such Act, $490,000, to be derived 
from the reserve authorized by that section, to be used for the 
purposes set out in that section; in addition, as authorized by 
section 810 of the United States Information and Educational 
Exchange Act, not to exceed $6,000,000, to remain available 
until expended, may be credited to this appropriation from fees 
or other payments received from English teaching, library, 
motion pictures, and publication programs and from fees from 
educational advising and counseling and exchange visitor 
programs; and, in addition, not to exceed $15,000, which shall 
be derived from reimbursements, surcharges, and fees for use of 
Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$658,702,000, to remain available until expended: Provided, 
That of the amounts made available under this paragraph, 
$5,000,000 is for the Center for Antiterrorism and Security 
Training.
    Beginning in fiscal year 2005 and thereafter, the Secretary 
of State is authorized to charge surcharges related to consular 
services in support of enhanced border security that are in 
addition to the passport and immigrant visa fees in effect on 
January 1, 2004: Provided, That funds collected pursuant to 
this authority shall be credited to this account, and shall be 
available until expended for the purposes of such account: 
Provided further, That such surcharges shall be $12 on passport 
fees, and $45 on immigrant visa fees.

                        CAPITAL INVESTMENT FUND

    For necessary expenses of the Capital Investment Fund, 
$52,149,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not 
apply to funds available under this heading.

        CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

    For expenses relating to the modernization of the 
information technology systems and networks of the Department 
of State, $77,851,000, to remain available until expended.

                      OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General, 
$30,435,000, notwithstanding section 209(a)(1) of the Foreign 
Service Act of 1980 (Public Law 96-465), as it relates to post 
inspections.

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

    For expenses of educational and cultural exchange programs, 
as authorized, $360,750,000, to remain available until 
expended: Provided, That not to exceed $2,000,000, to remain 
available until expended, may be credited to this appropriation 
from fees or other payments received from or in connection with 
English teaching, educational advising and counseling programs, 
and exchange visitor programs as authorized.

                       REPRESENTATION ALLOWANCES

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

              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

    For expenses, not otherwise provided, to enable the 
Secretary of State to provide for extraordinary protective 
services, as authorized, $9,894,000, to remain available until 
September 30, 2006.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
maintaining, repairing, and planning for buildings that are 
owned or directly leased by the Department of State, 
renovating, in addition to funds otherwise available, the Harry 
S Truman Building, and carrying out the Diplomatic Security 
Construction Program as authorized, $611,680,000, to remain 
available until expended as authorized, of which not to exceed 
$25,000 may be used for domestic and overseas representation as 
authorized: Provided, That none of the funds appropriated in 
this paragraph shall be available for acquisition of furniture, 
furnishings, or generators for other departments and agencies: 
Provided further, That the United States Embassy Annex building 
in Rome, Italy, previously known as the ``INA Building'', shall 
hereafter be known and designated as the ``Mel Sembler 
Building''.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $912,320,000, to 
remain available until expended: Provided, That funds 
appropriated to this account in Public Law 108-287 may also be 
used for non-interim facilities for the United States Mission 
in Iraq, including associated planning, site preparation and 
pre-construction activities.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

    For expenses necessary to enable the Secretary of State to 
meet unforeseen emergencies arising in the Diplomatic and 
Consular Service, $1,000,000, to remain available until 
expended as authorized, of which such sums as necessary may be 
transferred to and merged with the Repatriation Loans Program 
Account, subject to the same terms and conditions: Provided, 
That funds previously appropriated under this heading for 
rewards for an indictee of the Special Court for Sierra Leone 
shall be transferred to the Special Court for Sierra Leone 
within 15 days of enactment of this Act: Provided further, That 
any transfer of funds provided under this heading shall be 
treated as a reprogramming of funds under section 605 of this 
Act.

                   REPATRIATION LOANS PROGRAM ACCOUNT

    For the cost of direct loans, $612,000, as authorized: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses 
necessary to carry out the direct loan program, $607,000, which 
may be transferred to and merged with the Diplomatic and 
Consular Programs account under Administration of Foreign 
Affairs.

              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

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

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

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

                      International Organizations

              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

    For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the 
advice and consent of the Senate, conventions or specific Acts 
of Congress, $1,182,000,000, of which up to $6,000,000, to 
remain available until expended, may be used for the cost of a 
direct loan to the United Nations for the cost of renovating 
its headquarters in New York: Provided, That such costs, 
including the cost of modifying such loan, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize 
total loan principal of up to $1,200,000,000: Provided further, 
That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 
1105(a) of title 31, United States Code, transmit to the 
Committees on Appropriations of the Senate and of the House of 
Representatives the most recent biennial budget prepared by the 
United Nations for the operations of the United Nations: 
Provided further, That the Secretary of State shall notify the 
Committees on Appropriations at least 15 days in advance (or in 
an emergency, as far in advance as is practicable) of any 
United Nations action to increase funding for any United 
Nations program without identifying an offsetting decrease 
elsewhere in the United Nations budget and cause the United 
Nations to exceed the adopted budget for the biennium 2004-2005 
of $3,160,860,000: Provided further, That any payment of 
arrearages under this title shall be directed toward special 
activities that are mutually agreed upon by the United States 
and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph 
shall be available for a United States contribution to an 
international organization for the United States share of 
interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 
1984, through external borrowings, except that such restriction 
shall not apply to loans to the United Nations for renovation 
of its headquarters.

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

    For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the 
maintenance or restoration of international peace and security, 
$490,000,000: Provided,  That none of the funds made available 
under this Act shall be obligated or expended for any new or 
expanded United Nations peacekeeping mission unless, at least 
15 days in advance of voting for the new or expanded mission in 
the United Nations Security Council (or in an emergency as far 
in advance as is practicable): (1) the Committees on 
Appropriations of the House of Representatives and the Senate 
and other appropriate committees of the Congress are notified 
of the estimated cost and length of the mission, the vital 
national interest that will be served, and the planned exit 
strategy; and (2) a reprogramming of funds pursuant to section 
605 of this Act is submitted, and the procedures therein 
followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided 
further, That funds shall be available for peacekeeping 
expenses only upon a certification by the Secretary of State to 
the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to 
provide equipment, services, and material for United Nations 
peacekeeping activities equal to those being given to foreign 
manufacturers and suppliers: Provided further, That none of the 
funds made available under this heading are available to pay 
the United States share of the cost of court monitoring that is 
part of any United Nations peacekeeping mission.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or 
specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, including not to exceed $6,000 for representation; as 
follows:

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and for 
the Border Environment Cooperation Commission as authorized by 
Public Law 103-182, $9,594,000, of which not to exceed $9,000 
shall be available for representation expenses incurred by the 
International Joint Commission.

                  INTERNATIONAL FISHERIES COMMISSIONS

    For necessary expenses for international fisheries 
commissions, not otherwise provided for, as authorized by law, 
$21,982,000: Provided, That the United States' share of such 
expenses may be advanced to the respective commissions pursuant 
to 31 U.S.C. 3324.

                                 Other

                     PAYMENT TO THE ASIA FOUNDATION

    For a grant to the Asia Foundation, as authorized by the 
Asia Foundation Act (22 U.S.C. 4402), $13,000,000, to remain 
available until expended, as authorized.

               CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

    For a grant to the Center for Middle Eastern-Western 
Dialogue Trust Fund, $6,750,000, for operation of the Center 
for Middle Eastern-Western Dialogue in Istanbul, Turkey, to 
remain available until expended.
    In addition, for the operations of the Steering Committee 
of the Center for Middle Eastern-Western Dialogue, $250,000, to 
remain available until expended.
    In addition, for necessary expenses of the Center for 
Middle Eastern-Western Dialogue Trust Fund, the total amount of 
the interest and earnings accruing to such Fund before October 
1, 2005, to remain available until expended.

                 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the 
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower 
Exchange Fellowship Program Trust Fund on or before September 
30, 2005, to remain available until expended: Provided, That 
none of the funds appropriated herein shall be used to pay any 
salary or other compensation, or to enter into any contract 
providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit 
Organizations), including the restrictions on compensation for 
personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship 
Program as authorized by section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 
all interest and earnings accruing to the Israeli Arab 
Scholarship Fund on or before September 30, 2005, to remain 
available until expended.

                            EAST-WEST CENTER

    To enable the Secretary of State to provide for carrying 
out the provisions of the Center for Cultural and Technical 
Interchange Between East and West Act of 1960, by grant to the 
Center for Cultural and Technical Interchange Between East and 
West in the State of Hawaii, $19,500,000: Provided, That none 
of the funds appropriated herein shall be used to pay any 
salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    NATIONAL ENDOWMENT FOR DEMOCRACY

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment 
for Democracy Act, $60,000,000 to remain available until 
expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 INTERNATIONAL BROADCASTING OPERATIONS

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international 
communication activities, including the purchase, installation, 
rent, and improvement of facilities for radio and television 
transmission and reception to Cuba, and to make and supervise 
grants for radio and television broadcasting to the Middle 
East, $591,000,000, of which $27,629,000 is for Broadcasting to 
Cuba: Provided, That of the total amount in this heading, not 
to exceed $16,000 may be used for official receptions within 
the United States as authorized, not to exceed $35,000 may be 
used for representation abroad as authorized, and not to exceed 
$39,000 may be used for official reception and representation 
expenses of Radio Free Europe/Radio Liberty; and in addition, 
notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from 
business ventures, not to exceed $500,000 in receipts from 
cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice 
of America and the International Broadcasting Bureau, to remain 
available until expended for carrying out authorized purposes.

                   BROADCASTING CAPITAL IMPROVEMENTS

    For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception as authorized, 
$8,560,000, to remain available until expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United 
States Code; for services as authorized by 5 U.S.C. 3109; and 
for hire of passenger transportation pursuant to 31 U.S.C. 
1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That not to exceed 5 
percent of any appropriation made available for the current 
fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 403. None of the funds made available in this Act may 
be used by the Department of State or the Broadcasting Board of 
Governors to provide equipment, technical support, consulting 
services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.
    Sec. 404. (a) The Senior Policy Operating Group on 
Trafficking in Persons, established under section 406 of 
division B of Public Law 108-7 to coordinate agency activities 
regarding policies (including grants and grant policies) 
involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of 
traffickers and victims of severe forms of trafficking.
    (b) None of the funds provided in this or any other Act 
shall be expended to perform functions that duplicate 
coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to 
the authorities that appointed them pursuant to section 406 of 
division B of Public Law 108-7.
    Sec. 405. (a) Subsection (b) of section 36 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is 
amended--
            (1) in paragraph (5) by striking ``or'' at the end;
            (2) in paragraph (6) by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(7) the disruption of financial mechanisms of a 
        foreign terrorist organization, including the use by 
        the organization of illicit narcotics production or 
        international narcotics trafficking--
                    ``(A) to finance acts of international 
                terrorism; or
                    ``(B) to sustain or support any terrorist 
                organization.''.
    (b) Subsection (e)(1) of such section is amended--
            (1) by striking ``$5,000,000'' and inserting 
        ``$25,000,000'';
            (2) by striking the second period at the end; and
            (3) by adding at the end the following new 
        sentence: ``Without first making such determination, 
        the Secretary may authorize a reward of up to twice the 
        amount specified in this paragraph for the capture or 
        information leading to the capture of a leader of a 
        foreign terrorist organization.''.
    (c) Subsection (e) of such section is amended by adding at 
the end the following new paragraph:
            ``(6) Forms of reward payment.--The Secretary may 
        make a reward under this section in the form of money, 
        a nonmonetary item (including such items as automotive 
        vehicles), or a combination thereof.''.
    (d) Such section is amended--
            (1) by redesignating subsections (i) and (j) as 
        subsections (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following 
        new subsection:
    ``(i) Media Surveys and Advertisements.--
            ``(1) Surveys conducted.--For the purpose of more 
        effectively disseminating information about the rewards 
        program, the Secretary may use the resources of the 
        rewards program to conduct media surveys, including 
        analyses of media markets, means of communication, and 
        levels of literacy, in countries determined by the 
        Secretary to be associated with acts of international 
        terrorism.
            ``(2) Creation and purchase of advertisements.--The 
        Secretary may use the resources of the rewards program 
        to create advertisements to disseminate information 
        about the rewards program. The Secretary may base the 
        content of such advertisements on the findings of the 
        surveys conducted under paragraph (1). The Secretary 
        may purchase radio or television time, newspaper space, 
        or make use of any other means of advertisement, as 
        appropriate.''.
    (e) Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the 
Committees on Appropriations of the House of Representatives 
and of the Senate, the Committee on International Relations of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate a plan to maximize awareness of the 
reward available under section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708 et seq.) for the 
capture or information leading to the capture of a leader of a 
foreign terrorist organization who may be in Pakistan or 
Afghanistan. The Secretary may use the resources of the rewards 
program to prepare the plan.
    Sec. 406. For the purposes of registration of birth, 
certification of nationality, or issuance of a passport of a 
United States citizen born in the city of Jerusalem, the 
Secretary of State shall, upon request of the citizen, record 
the place of birth as Israel.
    Sec. 407. The Secretary of State shall provide to a member 
of the Committee on Appropriations of the Senate or the 
Committee on Appropriations of the House of Representatives a 
copy of each cable sent to or by a Department of State employee 
that pertains to any topic specified by the requesting member, 
regardless of the level of classification of the cable, not 
later than 15 days after the date on which the member makes a 
written or verbal request for such copies.
    Sec. 408. There is established within the Department of 
State the Office of the Coordinator for Reconstruction and 
Stabilization: Provided, That the head of the Office shall be 
the Coordinator for Reconstruction and Stabilization, who shall 
report directly to the Secretary of State: Provided further, 
That the functions of the Office of the Coordinator for 
Reconstruction and Stabilization shall include--
            (1) cataloguing and monitoring the non-military 
        resources and capabilities of Executive agencies (as 
        that term is defined in section 105 of title 5, United 
        States Code), State and local governments, and entities 
        in the private and non-profit sectors that are 
        available to address crises in countries or regions 
        that are in, or are in transition from, conflict or 
        civil strife;
            (2) monitoring political and economic instability 
        worldwide to anticipate the need for mobilizing United 
        States and international assistance for countries or 
        regions described in paragraph (1);
            (3) assessing crises in countries or regions 
        described in paragraph (1) and determining the 
        appropriate non-military United States, including but 
        not limited to demobilization, policing, human rights 
        monitoring, and public information efforts;
            (4) planning for response efforts under paragraph 
        (3);
            (5) coordinating with relevant Executive agencies 
        the development of interagency contingency plans for 
        such response efforts; and
            (6) coordinating the training of civilian personnel 
        to perform stabilization and reconstruction activities 
        in response to crises in such countries or regions 
        described in paragraph (1).
    Sec. 409. (a) The Secretary of State shall require each 
chief of mission to review, not less than once every 5 years, 
every staff element under chief of mission authority, including 
staff from other departments or agencies of the United States, 
and recommend approval or disapproval of each staff element. 
Each such review shall be conducted pursuant to a process 
established by the President for determining appropriate 
staffing at diplomatic missions and overseas constituent posts 
(commonly referred to as the ``NSDD-38 process'').
    (b) The Secretary of State, as part of the process 
established by the President referred to in subsection (a), 
shall take actions to carry out the recommendations made in 
each such review.
    (c) Not later than one year after the date of enactment of 
this Act, and annually thereafter, the Secretary of State shall 
submit a report on such reviews that occurred during the 
previous 12 months, together with the Secretary's 
recommendations regarding such reviews to the appropriate 
committees of Congress, the heads of all affected departments 
or agencies, and the Inspector General of the Department of 
State.
    Sec. 410. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State may 
be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, section 313 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 411. During fiscal year 2005, section 404(b)(2)(B) of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236; 22 U.S.C. 287e note), shall be 
administered as though the matter following clause (iii) reads 
as follows:
                            ``(v) For assessments made during 
                        calendar year 2005, 27.1 percent.''.
    Sec. 412. (a) Section 402(a) of the Foreign Service Act of 
1980 (22 U.S.C. 3962(a)) is amended--
            (1) in paragraph (1), by striking the second and 
        third sentences and inserting the following new 
        sentences: ``The President shall also prescribe ranges 
        of basic salary rates for each class. Except as 
        provided in paragraph (3), basic salary rates for the 
        Senior Foreign Service may not exceed the maximum rate 
        or be less than the minimum rate of basic pay payable 
        for the Senior Executive Service under section 5382 of 
        title 5, United States Code.''; and
            (2) by striking paragraph (2) and inserting the 
        following new paragraphs:
    ``(2) The Secretary shall determine which basic salary rate 
within the ranges prescribed by the President under paragraph 
(1) shall be paid to each member of the Senior Foreign Service 
based on individual performance, contribution to the mission of 
the Department, or both, as determined under a rigorous 
performance management system. Except as provided in 
regulations prescribed by the Secretary and, to the extent 
possible, consistent with regulations governing the Senior 
Executive Service, the Secretary may adjust the basic salary 
rate of a member of the Senior Foreign Service not more than 
once during any 12-month period.
    ``(3) Upon a determination by the Secretary that the Senior 
Foreign Service performance appraisal system, as designed and 
applied, makes meaningful distinctions based on relative 
performance--
            ``(A) the maximum rate of basic pay payable for the 
        Senior Foreign Service shall be level II of the 
        Executive Schedule; and
            ``(B) the applicable aggregate pay cap shall be 
        equivalent to the aggregate pay cap set forth in 
        section 5307(d)(1) of title 5, United States Code, for 
        members of the Senior Executive Service.''.
    (b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is 
amended by inserting before the period the following: ``, or 
the limitation under section 402(a)(3), whichever is higher''.
    (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is 
amended by striking ``shall not exceed the annual rate of pay 
payable for level I of such Executive Schedule'' and inserting 
``shall be subject to the limitation on certain payments under 
section 5307 of title 5, United States Code, or the limitation 
under section 402(a)(3), whichever is higher''.
    Sec. 413. (a) Section 2 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding 
at the end the following:
    ``(o) make administrative corrections or adjustments to an 
employee's pay, allowances, or differentials, resulting from 
mistakes or retroactive personnel actions, as well as provide 
back pay and other categories of payments under section 5596 of 
title 5, United States Code, as part of the settlement or 
compromise of administrative claims or grievances filed against 
the Department.''.
    (b) Such section is further amended--
            (1) in subsection (k), by striking ``and'';
            (2) by transferring subsection (m) within such 
        section to appear after subsection (l);
            (3) in subsections (l) and (m), by striking the 
        period at the end of each subsection and inserting a 
        semicolon; and
            (4) in subsection (n), by striking the period at 
        the end and inserting a semicolon and ``and''.
    This title may be cited as the ``Department of State and 
Related Agency Appropriations Act, 2005''.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

                         salaries and expenses

    For necessary expenses of the Antitrust Modernization 
Commission, as authorized by Public Law 107-273, $1,187,000, to 
remain available until expended.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For expenses for the Commission for the Preservation of 
America's Heritage Abroad, $499,000, as authorized by section 
1303 of Public Law 99-83.

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

    For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $9,096,000: 
Provided, That not to exceed $50,000 may be used to employ 
consultants: Provided further, That none of the funds 
appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the 
Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds 
appropriated in this paragraph shall be used to reimburse 
Commissioners for more than 75 billable days, with the 
exception of the chairperson, who is permitted 125 billable 
days.

             Commission on International Religious Freedom

                         SALARIES AND EXPENSES

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of 
the International Religious Freedom Act of 1998 (Public Law 
105-292), $3,000,000, to remain available until expended: 
Provided, That in fiscal year 2005, the Commission may procure 
temporary services for the purpose of conducting a study on 
conditions of the right to freedom of religion or belief in 
North Korea, notwithstanding Section 208(c)(1) of Public Law 
105-292 (22 U.S.C. 6435a(c)(1)).

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, 
$1,831,000, to remain available until expended as authorized by 
section 3 of Public Law 99-7.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive 
Commission on the People's Republic of China, as authorized, 
$1,900,000, including not more than $3,000 for the purpose of 
official representation, to remain available until expended: 
Provided, That $100,000 shall be for the Political Prisoner 
Database.

                Equal Employment Opportunity Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act 
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
including services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); 
non-monetary awards to private citizens; and not to exceed 
$33,000,000 for payments to State and local enforcement 
agencies for services to the Commission pursuant to title VII 
of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$331,228,000: Provided, That the Commission is authorized to 
make available for official reception and representation 
expenses not to exceed $2,500 from available funds: Provided 
further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization 
until such time as the Committees on Appropriations have been 
notified of such proposals, in accordance with the 
reprogramming provisions of section 605 of this Act: Provided 
further, That the Commission shall not have fewer field 
position in fiscal year 2005 than in fiscal year 2004.

                   Federal Communications Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Communications 
Commission, as authorized by law, including uniforms and 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
to exceed $600,000 for land and structure; not to exceed 
$500,000 for improvement and care of grounds and repair to 
buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase and hire of motor vehicles; 
special counsel fees; and services as authorized by 5 U.S.C. 
3109, $281,098,000: Provided, That $280,098,000 of offsetting 
collections shall be assessed and collected pursuant to section 
9 of title I of the Communications Act of 1934, shall be 
retained and used for necessary expenses in this appropriation, 
and shall remain available until expended: Provided further, 
That the sum herein appropriated shall be reduced as such 
offsetting collections are received during fiscal year 2005 so 
as to result in a final fiscal year 2005 appropriation 
estimated at $1,000,000: Provided further, That any offsetting 
collections received in excess of $280,098,000 in fiscal year 
2005 shall remain available until expended, but shall not be 
available for obligation until October 1, 2005: Provided 
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 
from the use of a competitive bidding system that may be 
retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2005.

                        Federal Trade Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Trade Commission, 
including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire 
of passenger motor vehicles; and not to exceed $2,000 for 
official reception and representation expenses, $205,430,000, 
to remain available until expended: Provided, That not to 
exceed $300,000 shall be available for use to contract with a 
person or persons for collection services in accordance with 
the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed 
$101,000,000 of offsetting collections derived from fees 
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 
18a), regardless of the year of collection, shall be retained 
and used for necessary expenses in this appropriation: Provided 
further, That $21,901,000 in offsetting collections derived 
from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telephone Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
credited to this account, and be retained and used for 
necessary expenses in this appropriation: Provided further, 
That the sum herein appropriated from the general fund shall be 
reduced as such offsetting collections are received during 
fiscal year 2005, so as to result in a final fiscal year 2005 
appropriation from the general fund estimated at not more than 
$82,529,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to 
enforce subsection (e) of section 43 of the Federal Deposit 
Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the 
Federal Deposit Insurance Corporation Improvement Act of 1991 
(12 U.S.C. 1831t note).

                            HELP Commission

                         SALARIES AND EXPENSES

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

                       Legal Services Corporation

               PAYMENT TO THE LEGAL SERVICES CORPORATION

    For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, 
$335,282,000, of which $316,604,000 is for basic field programs 
and required independent audits; $2,573,000 is for the Office 
of Inspector General, of which such amounts as may be necessary 
may be used to conduct additional audits of recipients; 
$13,000,000 is for management and administration; $1,272,000 is 
for client self-help and information technology; and $1,833,000 
is for grants to offset losses due to census adjustments: 
Provided, That not to exceed $1,000,000 from amounts previously 
appropriated under this heading may be used for a student loan 
repayment pilot program.

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

    None of the funds appropriated in this Act to the Legal 
Services Corporation shall be expended for any purpose 
prohibited or limited by, or contrary to any of the provisions 
of, sections 501, 502, 503, 504, 505, and 506 of Public Law 
105-119, and all funds appropriated in this Act to the Legal 
Services Corporation shall be subject to the same terms and 
conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be 
deemed to refer instead to 2004 and 2005, respectively, and 
except that section 501(a)(1) of Public Law 104-134 (110 Stat. 
1321-51, et seq.) shall not apply to the use of the $1,833,000 
to address loss of funding due to Census-based reallocations.

                        Marine Mammal Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $1,890,000.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business 
Development Corporation as authorized under section 33(a) of 
the Small Business Act, $2,000,000, to remain available until 
expended.

                   Securities and Exchange Commission

                         SALARIES AND EXPENSES

    For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C. 3109, 
the rental of space (to include multiple year leases) in the 
District of Columbia and elsewhere, and not to exceed $3,000 
for official reception and representation expenses, 
$913,000,000, to remain available until expended; of which not 
to exceed $10,000 may be used toward funding a permanent 
secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be 
available for expenses for consultations and meetings hosted by 
the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate 
representatives and staff to exchange views concerning 
developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities 
matters and provision of technical assistance for the 
development of foreign securities markets, such expenses to 
include necessary logistic and administrative expenses and the 
expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including: (1) such 
incidental expenses as meals taken in the course of such 
attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: 
Provided, That fees and charges authorized by sections 6(b) of 
the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 
13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15 
U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not 
to exceed $856,000,000 of such offsetting collections shall be 
available until expended for necessary expenses of this 
account: Provided further, That $57,000,000 shall be derived 
from prior year unobligated balances from funds previously 
appropriated to the Securities and Exchange Commission: 
Provided further, That the total amount appropriated under this 
heading from the general fund for fiscal year 2005 shall be 
reduced as such offsetting fees are received so as to result in 
a final total fiscal year 2005 appropriation from the general 
fund estimated at not more than $0.
    Not later than May 1, 2005, the Securities and Exchange 
Commission shall submit a report to the Committee on 
Appropriations of the Senate that provides a justification for 
final rules issued by the Commission on June 30, 2004 (amending 
title 17, Code of Federal Regulations, Parts 239, 240, and 
274), requiring that the chair of the board of directors of a 
mutual fund be an independent director: Provided, That such 
report shall analyze whether mutual funds chaired by 
disinterested directors perform better, have lower expenses, or 
have better compliance records than mutual funds chaired by 
interested directors: Provided further, That the Securities and 
Exchange Commission shall act upon the recommendations of such 
report not later than January 1, 2006.

                     Small Business Administration

                         SALARIES AND EXPENSES

    For necessary expenses, not otherwise provided for, of the 
Small Business Administration as authorized by Public Law 106-
554, including hire of passenger motor vehicles as authorized 
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for 
official reception and representation expenses, $322,335,000: 
Provided, That the Administrator is authorized to charge fees 
to cover the cost of publications developed by the Small 
Business Administration, and certain loan servicing activities: 
Provided further, That, notwithstanding 31 U.S.C. 3302, 
revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes 
without further appropriations: Provided further, That 
$89,000,000 shall be available to fund grants for performance 
in fiscal year 2005 or fiscal year 2006 as authorized: Provided 
further, That the Small Business Administration is authorized 
to award grants under the Women's Business Center 
Sustainability Pilot Program established by section 4(a) of 
Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That, 
of the amounts provided for Women's Business Centers, not less 
than 48 percent shall be available to continue Women's Business 
Centers in sustainability status.

                      OFFICE OF INSPECTOR GENERAL

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

                 SURETY BOND GUARANTEES REVOLVING FUND

    For additional capital for the Surety Bond Guarantees 
Revolving Fund, authorized by the Small Business Investment 
Act, as amended, $2,900,000, to remain available until 
expended.

                     BUSINESS LOANS PROGRAM ACCOUNT

    For the cost of direct loans, $1,455,000, to remain 
available until expended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided 
further, That subject to section 502 of the Congressional 
Budget Act of 1974, during fiscal year 2005 commitments to 
guarantee loans under section 503 of the Small Business 
Investment Act of 1958, shall not exceed $5,000,000,000: 
Provided further, That subsection 503(f) of the Small Business 
Investment Act of 1958 (15 U.S.C. 697(f)), as amended by 
section 2 of Public Law 108-217, is further amended by striking 
``October 1, 2004'' and inserting ``October 1, 2005'': Provided 
further, That during fiscal year 2005 commitments for general 
business loans authorized under section 7(a) of the Small 
Business Act, shall not exceed $16,000,000,000: Provided 
further, That during fiscal year 2005 commitments to guarantee 
loans for debentures and participating securities under section 
303(b) of the Small Business Investment Act of 1958, shall not 
exceed the levels established by section 20(i)(1)(C) of the 
Small Business Act: Provided further, That during fiscal year 
2005 guarantees of trust certificates authorized by section 
5(g) of the Small Business Act shall not exceed a principal 
amount of $10,000,000,000.
    In addition, for administrative expenses to carry out the 
direct and guaranteed loan programs, $126,653,000, which may be 
transferred to and merged with the appropriations for Salaries 
and Expenses.

                     DISASTER LOANS PROGRAM ACCOUNT

    For administrative expenses to carry out the direct loan 
program authorized by section 7(b), of the Small Business Act, 
$113,159,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is 
for the Office of Inspector General of the Small Business 
Administration for audits and reviews of disaster loans and the 
disaster loan program and shall be transferred to and merged 
with appropriations for the Office of Inspector General; of 
which $104,409,000 is for direct administrative expenses of 
loan making and servicing to carry out the direct loan program, 
to remain available until expended; and of which $8,250,000 is 
for indirect administrative expenses: Provided, That any amount 
in excess of $8,250,000 to be transferred to and merged with 
appropriations for Salaries and Expenses for indirect 
administrative expenses shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.

        ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION

    Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfers: Provided, That any 
transfer pursuant to this paragraph shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                        State Justice Institute

                         SALARIES AND EXPENSES

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 
1992 (Public Law 102-572), $2,613,000: Provided, That not to 
exceed $2,500 shall be available for official reception and 
representation expenses.

      United States-China Economic and Security Review Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the United States-China Economic 
and Security Review Commission, $3,000,000, including not more 
than $5,000 for the purpose of official representation, to 
remain available until expended.

                    United States Institute of Peace

                           OPERATING EXPENSES

    For necessary expenses of the United States Institute of 
Peace as authorized in the United States Institute of Peace 
Act, $23,000,000: Provided, That $1,500,000 is for necessary 
expenses for the Task Force on the United Nations: Provided 
further, That the Task Force on the United Nations shall submit 
a report on its findings to the Committees on Appropriations of 
the House of Representatives and Senate not later than 180 days 
after the date of the enactment of this Act.

          United States Senate-China Interparliamentary Group

                         SALARIES AND EXPENSES

    For necessary expenses of the United States Senate-China 
Interparliamentary Group, as authorized under Section 153 of 
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; 
Public Law 108-199; 118 Stat. 448), $100,000, to remain 
available until expended.

                      TITLE VI--GENERAL PROVISIONS

                        (INCLUDING RESCISSIONS)

    Sec. 601. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not 
authorized by the Congress.
    Sec. 602. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application 
of such provision to any person or circumstances shall be held 
invalid, the remainder of the Act and the application of each 
provision to persons or circumstances other than those as to 
which it is held invalid shall not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds that: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes or renames offices; (6) reorganizes 
programs or activities; or (7) contracts out or privatizes any 
functions or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses 
of Congress are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in 
fiscal year 2005, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in 
excess of $750,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings, 
including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Appropriations 
Committees of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    Sec. 606. Hereafter, none of the funds made available in 
this Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of 
vessels for the National Oceanic and Atmospheric Administration 
in shipyards located outside of the United States.
    Sec. 607. None of the funds made available in this Act may 
be used to implement, administer, or enforce any guidelines of 
the Equal Employment Opportunity Commission covering harassment 
based on religion, when it is made known to the Federal entity 
or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266).
    Sec. 608. If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the 
United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made 
with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 609. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or 
expend such funds that: (1) the United Nations undertaking is a 
peacekeeping mission; (2) such undertaking will involve United 
States Armed Forces under the command or operational control of 
a foreign national; and (3) the President's military advisors 
have not submitted to the President a recommendation that such 
involvement is in the national security interests of the United 
States and the President has not submitted to the Congress such 
a recommendation.
    Sec. 610. The Departments of Commerce, Justice, and State, 
the Judiciary, the Federal Communications Commission, the 
Securities and Exchange Commission and the Small Business 
Administration shall provide to the Committees on 
Appropriations of the Senate and of the House of 
Representatives a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by such 
agency during any previous fiscal year.
    Sec. 611. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 609 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of 
section 609 of that Act shall continue to apply during fiscal 
year 2005.
    Sec. 612. Any costs incurred by a department or agency 
funded under this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer 
funds between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use of 
funds to carry out this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not beavailable for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 613. None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco 
products, or to seek the reduction or removal by any foreign 
country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.
    Sec. 614. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 616 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999.
    (b) The requirements in subsections (b) and (c) of section 
616 of that Act shall continue to apply during fiscal year 
2005.
    Sec. 615. None of the funds appropriated pursuant to this 
Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in 
        connection with the implementation of subsection 922(t) 
        of title 18, United States Code; and
            (2) any system to implement subsection 922(t) of 
        title 18, United States Code, that does not require and 
        result in the destruction of any identifying 
        information submitted by or on behalf of any person who 
        has been determined not to be prohibited from 
        possessing or receiving a firearm no more than 24 hours 
        after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the 
        prospective transferee would not violate subsection (g) 
        or (n) of section 922 of title 18, United States Code, 
        or State law.
    Sec. 616. Notwithstanding any other provision of law, 
amounts deposited or available in the Fund established under 42 
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall 
not be available for obligation until the following fiscal 
year.
    Sec. 617. None of the funds made available to the 
Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students 
who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians 
of such students.
    Sec. 618. None of the funds appropriated or otherwise made 
available to the Department of State shall be available for the 
purpose of granting either immigrant or nonimmigrant visas, or 
both, consistent with the determination of the Secretary of 
State under section 243(d) of the Immigration and Nationality 
Act, to citizens, subjects, nationals, or residents of 
countries that the Secretary of Homeland Security has 
determined deny or unreasonably delay accepting the return of 
citizens, subjects, nationals, or residents under that section.
    Sec. 619. (a) For additional amounts under the heading 
``Small Business Administration, Salaries and Expenses'', 
$500,000 shall be available for the Adelante Development 
Center, Inc.; $150,000 shall be available for the Advanced 
Polymer Processing Institute; $150,000 shall be available for 
the Alaska Procurement Technical Assistance Center; $250,000 
shall be available for Business and Professional Women of 
Alaska; $75,000 shall be available for the Center for Applied 
Research and Economic Development at the University of Southern 
Indiana; $300,000 shall be available for the Center for 
Emerging Technologies; $225,000 shall be available for the 
Center for Entrepreneurship and Technology at the Nevada 
Commission for Economic Development; $100,000 shall be 
available for the Central Connecticut State University 
Institute of Technology and Business Development; $600,000 
shall be available for the Des Moines Higher Education 
Pappajohn Center; $150,000 shall be available for the East 
Central Indiana Business Incubator at Ball State University; 
$100,000 shall be available for the Entrepreneurial Venture 
Assistance Demonstration Project at the Iowa Department of 
Economic Development; $75,000 shall be available for the Idaho 
Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $600,000 shall be available for 
the Industrial Outreach Service at Mississippi State 
University; $2,000,000 shall be available for the Innovation 
and Commercialization Center at the University of Southern 
Mississippi; $100,000 shall be available for the Kennebec 
Valley Council of Governments' Business Development Program; 
$100,000 shall be available for the Knoxville College Small 
Business Incubator Program; $250,000 shall be available for the 
Louisiana State University Law School's Latin American 
Commercial Law Program; $250,000 shall be available for the 
Minority Business Development Center at Alcorn State 
University; $600,000 shall be available for the Mississippi 
Technology Alliance; $200,000 shall be available for the 
Montana Department of Commerce for a State government 
information sharing initiative; $125,000 shall be available for 
the Myrtle Beach International Trade and Convention Center; 
$250,000 shall be available for the Nanotechnology Research 
Program at the Oregon Health and Science University; $550,000 
shall be available for the New Product Development and 
Commercialization Center for Rural Manufacturers; $125,000 
shall be available for the New Hampshire Women's Business 
Center; $500,000 shall be available for Operation Safe 
Commerce; $200,000 shall be available for the Southern 
University Foundation's Martin Luther King Initiative; $75,000 
shall be available for Technology 2020; $1,000,000 shall be 
available for the Technology Venture Center/InvestNet 
Partnership for Alaska and Montana; $500,000 shall be available 
for the Textile Marking System; $300,000 shall be available for 
the Towson University International Business Incubator; 
$1,000,000 shall be available for the Tuck School of Business/
MBDA Partnership; $325,000 shall be available for the 
University of Colorado Nanotechnology and Characterization 
Facility; $8,000,000 shall be available for the University of 
South Carolina Thomas Cooper Library; $100,000 shall be 
available for the Virginia Electronic Commerce Technology 
Center at Christopher Newport University; $125,000 shall be 
available for the Women's Business Development Center in 
Stamford, Connecticut; and $100,000 shall be available for the 
World Trade Center of Greater Philadelphia; $50,000 shall be 
available for a grant to the Center for Excellence in 
Education; $100,000 shall be available for a grant to The Cedar 
Creek Battlefield Foundation; $100,000 shall be available for a 
grant to Belle Grove Plantation; $150,000 shall be available 
for a grant to the City of Manassas Park for economic 
development; $100,000 shall be available for a grant to the 
Shenandoah Valley Travel Association; $1,200,000 shall be 
available for a grant to Shenandoah University to develop a 
facility for a business program; $115,000 shall be available 
for a grant to Economic Alliance Houston Port Region; $20,000 
shall be available for a grant to the Town of South Boston, 
Virginia, for small business development; $100,000 shall be 
available for a grant to Patrick Henry Community College for a 
workforce training program; $100,000 shall be available for a 
grant for Danville Community College for a workforce training 
program; $1,000,000 shall be available for a grant to the 
University of Illinois for the Information Trust Institute 
initiative; $500,000 shall be available for a grant to 
Wittenberg University for a technology initiative; $500,000 
shall be available for a grant to the Dayton Development 
Coalition; $250,000 shall be available for a grant for REI 
Rural Business Resources Center in Seminole, Oklahoma; $50,000 
shall be available for a grant to Experience Works to expand 
opportunities for older workers; $50,000 shall be available for 
a grant to Project Listo for workforce development and 
procurement opportunities;$100,000 shall be available for a 
grant to North Iowa Area Community College for a small business 
incubator; $450,000 shall be available for a grant to California State 
University, in San Bernardino, California, for development of the 
Center for the Commercialization of Advanced Technology; $50,000 shall 
be available for a grant to Rowan University for a workforce training 
program; $200,000 shall be available for a grant to the Freeport 
Downtown Development Foundation for a small business economic 
development initiative; $1,500,000 shall be available for a grant to 
the Rockford Area Convention and Visitors Bureau for a manufacturing 
program; $200,000 shall be available for a grant to Jefferson County 
Development Council; $200,000 shall be available for a grant to 
Clearfield County Economic Development Corporation; $500,000 shall be 
available for a grant to the Columbus College of Art and Design for 
facilities development to build partnerships with businesses; $115,000 
shall be available for a grant to Ohio Business Connection; $1,000,000 
shall be available for a grant to the Southern and Eastern Kentucky 
Tourism Development Association; $500,000 shall be available for a 
grant to the Bridgeport Regional Business Council for an economic 
integration initiative; $100,000 shall be available for a grant to 
Cedarbridge Development Corporation for a redevelopment initiative; 
$900,000 shall be available for a grant to Western Carolina University 
for a computer engineering program; $100,000 shall be available for a 
grant to Asheville-Buncombe Technical Community College for an economic 
development initiative; $100,000 shall be available for a grant to 
Jubilee Homes for the Southwest Economic Business Resource Center; 
$400,000 shall be available for a grant for the Connect the Valley 
initiative; $400,000 shall be available for a grant to the University 
of Tennessee Corridor Initiative; $500,000 shall be available for a 
grant to the Illinois Institute for Technology to examine and assess 
advancements in biotechnologies; $250,000 shall be available for a 
grant to the City of Largo, Florida, for business information; $250,000 
shall be available for a grant to Pro Co Technology, Inc. in the Bronx, 
New York, for a computer training center; $50,000 shall be available 
for a grant for the Promesa Foundation in the Bronx, New York, to 
provide community growth funding; $200,000 shall be available for a 
grant to Bronx Shepherds for community programs; $150,000 shall be 
available for a grant to HOGAR, Inc. in the Bronx, New York; $200,000 
shall be available for a grant to Promesa Enterprises to provide 
services and support to community based organizations in the Bronx, New 
York; $200,000 for the Arthur Avenue Retail Market in the Bronx, New 
York, for facility, improvement, and maintenance needs to meet the 
Market's business requirements; $200,000 shall be available for a grant 
to Pregones Theater in the Bronx, New York for business infrastructure; 
$200,000 shall be available for a grant to Presbyterian Senior Services 
for their Grandparent Family Apartments project and programs in the 
Bronx, New York; $100,000 shall be available for a grant to Thorpe 
Family Residence, Inc. to continue its services and programs in the 
Bronx, New York; $100,000 shall be available for a grant to the Puerto 
Rican Traveling Theater in the Bronx, New York for outreach and 
programs; $100,000 shall be available for Casita Maria's Career and 
College Placement Preparation to be implemented in coordination with 
business partners in New York City; $1,100,000 shall be available for a 
grant to the MountainMade Foundation to fulfill its charter purposes 
and to continue the initiative developed by the NTTC for outreach and 
promotion, business and sites development, the education of artists and 
craftspeople, and to promote small businesses, artisans and their 
products through market development, advertisement, commercial sale and 
other promotional means; $1,000,000 shall be available for a grant for 
Northwest Shoals Community College to complete the Center for Business 
and Industry; $1,000,000 shall be available for the Rhode Island School 
of Design in Providence, Rhode Island for the continued modernization 
of the Mason Building; $1,000,000 shall be available for a grant to the 
Norwegian American Foundation to fulfill its charter purposes; $750,000 
shall be available for a grant to St. Mary's College for a 
telecommunications initiative; $400,000 shall be available for a grant 
to the Economic Growth Council Procurement Assistance Program; $500,000 
shall be available for a grant to Johnstown Area Regional Industries in 
Pennsylvania for an enhanced economic development initiative; $300,000 
shall be available for a grant to the Good Old Lower East Side 
organization for a small business economic development initiative for 
the Lower East Side, New York; $200,000 shall be available for a grant 
for the Sunnyside Chamber of Commerce to conduct a redevelopment study 
for Sunnyside, Queens, NY and to implement improvements.
    (b) Section 621 of Division B of Public Law 108-199 is 
amended--
            (1) by striking ``$1,000,000 shall be available for 
        the Providence, Rhode Island Center for Women and 
        Enterprise for infrastructure development;'' and 
        inserting ``$100,000 shall be available for the 
        Providence, Rhode Island Center for Women and 
        Enterprise for small business development programs and 
        infrastructure development; $900,000 shall be available 
        for the Rhode Island School of Design in Providence, 
        Rhode Island for the continued modernization of the 
        Mason Building;'',
            (2) by inserting ``for the purpose of conducting 
        the program and providing financial assistance'' after 
        ``the Economic Growth Connection Paperless Procurement 
        Program'', and
            (3) by inserting ``and to implement improvements'' 
        after ``the Ridgewood Myrtle Avenue Business 
        Improvement District to conduct a redevelopment 
        study''.
    Sec. 620. All disaster loans issued in Alaska shall be 
administered by the Small Business Administration and shall not 
be sold during fiscal year 2005.
    Sec. 621. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 622. The Departments of Commerce, Justice, State, the 
Judiciary, the Securities and Exchange Commission and the Small 
Business Administration shall, not later than two months after 
the date of the enactment of this Act, certify that 
telecommuting opportunities are made available to 100 percent 
of the eligible workforce: Provided, That, of the total amounts 
appropriated to the Departments of Commerce, Justice, State, 
the Judiciary, the Securities and Exchange Commission and the 
Small Business Administration, $5,000,000 shall be available 
only upon such certification: Provided further, That each 
Department or agency shall provide quarterly reports to the 
Committees on Appropriations on the status of telecommuting 
programs, including the number of Federal employees eligible 
for, and participating in, such programs: Provided further, 
That each Department or agency shall designate a ``Telework 
Coordinator'' to be responsible for overseeing the 
implementation and operations of telecommuting programs, and 
serve as a point of contact on such programs for the Committees 
on Appropriations.
    Sec. 623. With the consent of the President, the Secretary 
of Commerce shall represent the United States Government in 
negotiating and monitoring international agreements regarding 
fisheries, marine mammals, or sea turtles: Provided, That the 
Secretary of Commerce shall be responsible for the development 
and interdepartmental coordination of the policies of the 
United States with respect to the international negotiations 
and agreements referred to in this section.
    Sec. 624. (a) Tracing studies conducted by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives are released without 
adequate disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
shall include in all such data releases, language similar to 
the following that would make clear that trace data cannot be 
used to draw broad conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law 
        enforcement authorities in conducting investigations by 
        tracking the sale and possession of specific firearms. 
        Law enforcement agencies may request firearms traces 
        for any reason, and those reasons are not necessarily 
        reported to the Federal Government. Not all firearms 
        used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen 
        for purposes of determining which types, makes or 
        models of firearms are used for illicit purposes. The 
        firearms selected do not constitute a random sample and 
        should not be considered representative of the larger 
        universe of all firearms used by criminals, or any 
        subset of that universe. Firearms are normally traced 
        to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are 
        acquired for use in crime.
    Sec. 625. None of the funds made available in this Act may 
be used in violation of section 212(a)(10)(C) of the 
Immigration and Nationality Act.
    Sec. 626. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 627. None of the funds made available in this Act may 
be used to pay expenses for any United States delegation to any 
specialized agency, body, or commission of the United Nations 
if such commission is chaired or presided over by a country, 
the government of which the Secretary of State has determined, 
for purposes of section 6(j)(1) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support 
for acts of international terrorism.
    Sec. 628. (a) The Department of Justice, the Department of 
Homeland Security, and the Department of State shall jointly 
conduct a thorough study of all matters relating to the 
efficiency and effectiveness of the interagency process used to 
review applications for nonimmigrant visas issued under section 
221(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1201(a)(1)(B)). The Department of Justice, the Department of 
Homeland Security, and the Department of State shall, in 
conducting this study, develop recommendations on--
            (1) clearance procedures for nonimmigrant visas 
        that should be eliminated;
            (2) such procedures that should be continued;
            (3) the appropriate Federal agencies or departments 
        or entities that should participate in each such 
        procedure; and
            (4) legislation that could be enacted to increase 
        the efficiency and effectiveness of such procedures.
    (b) Not later than 1 year after the date of enactment of 
this Act, the Department of Justice, the Department of Homeland 
Security, and the Department of State shall jointly submit a 
report to the Committees on Appropriations of the Senate and 
House of Representatives which shall contain a detailed 
statement of the findings and conclusions of the study referred 
to in subsection (a), together with recommendations for such 
legislation and administrative actions as the Department of 
Justice, the Department of Homeland Security, and the 
Department of State consider appropriate. The report may be 
submitted in a classified and unclassified form.
    Sec. 629. Section 604 of the Secure Embassy Construction 
and Counterterrorism Act of 1999 (title VI of division A of 
H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-
113) is amended by adding the following new subsection at the 
end:
    ``(e) Capital Security Cost Sharing.--
            ``(1) Authority.--Notwithstanding any other 
        provision of law, all agencies with personnel overseas 
        subject to chief of mission authority pursuant to 
        section 207 of the Foreign Service Act of 1980 (22 
        U.S.C. 3927) shall participate and provide funding in 
        advance for their share of costs of providing new, 
        safe, secure United States diplomatic facilities, 
        without offsets, on the basis of the total overseas 
        presence of each agency as determined annually by the 
        Secretary of State in consultation with such agency. 
        Amounts advanced by such agencies to the Department of 
        State shall be credited to the Embassy Security, 
        Construction and Maintenance account, and remain 
        available until expended.
            ``(2) Implementation.--Implementation of this 
        subsection shall be carried out in a manner that 
        encourages right-sizing of each agency's overseas 
        presence.
            ``(3) Exclusion.--For purposes of this subsection 
        `agency' does not include the Marine Security Guard.''.
    Sec. 630. (a) Except as provided in subsection (b), a 
project to construct a diplomatic facility of the United States 
may not include office space or other accommodations for an 
employee of a Federal agency or department if the Secretary of 
State determines that such department or agency has not 
provided to the Department of State the full amount of funding 
required by subsection (e) of section 604 of the Secure Embassy 
Construction and Counterterrorism Act of 1999 (as enacted into 
law by section 1000(a)(7) of Public Law 106-113 and contained 
in appendix G of that Act; 113 Stat. 1501A-453), as added by 
section 629 of this Act.
    (b) Notwithstanding the prohibition in subsection (a), a 
project to construct a diplomatic facility of the United States 
may include office space or other accommodations for members of 
the Marine Corps.
    Sec. 631. It is the sense of the Congress that the 
Secretary of State, at the most immediate opportunity, should--
            (1) make a determination as to whether recent 
        events in the Darfur region of Sudan constitute 
        genocide as defined in the Convention on the Prevention 
        and Punishment of the Crime of Genocide; and
            (2) support the investigation and prosecution of 
        war crimes and crimes against humanity committed in the 
        Darfur region of Sudan.
    Sec. 632. None of the funds made available in this Act 
shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the 
United States Government.
    Sec. 633. (a) Section 111(b) of Public Law 102-395 (21 
U.S.C. 886a) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), and indenting 
        accordingly;
            (2) in subparagraph (B), as redesignated, by 
        striking ``program.'' and inserting ``program. Such 
        reimbursements shall be made without distinguishing 
        between expenses related to controlled substance 
        activities and expenses related to chemical 
        activities.'';
            (3) by striking ``There is established'' and 
        inserting the following: ``(1) In general.--There is 
        established''; and
            (4) by adding at the end the following:
            ``(2) Definitions.--In this section:
                    ``(A) Diversion control program.--The term 
                `diversion control program' means the 
                controlled substance and chemical diversion 
                control activities of the Drug Enforcement 
                Administration.
                    ``(B) Controlled substance and chemical 
                diversion control activities.--The term 
                `controlled substance and chemical diversion 
                control activities' means those activities 
                related to the registration and control of the 
                manufacture, distribution, dispensing, 
                importation, and exportation of controlled 
                substances and listed chemicals.''.
    (b) Section 301 of the Controlled Substances Act (21 U.S.C. 
821) is amended by striking ``the registration and control of 
regulated'' and all that follows through the period, and 
inserting ``listed chemicals.''
    (c) Section 1088(f) of the Controlled Substances Import and 
Export Act (21 U.S.C. 958(f)) is amended--
            (1) by inserting ``and control'' after ``the 
        registration''; and
            (2) by striking ``list I chemicals under this 
        section.'' and inserting ``listed chemicals.''.
    Sec. 634. None of the funds appropriated by this Act may be 
used by the Federal Communications Commission to modify, amend, 
or change its rules or regulations for universal service 
support payments to implement the February 27, 2004 
recommendations of the Federal-State Joint Board on Universal 
Service regarding single connection or primary line 
restrictions on universal service support payments.
    Sec. 635. The unobligated balance of the amount 
appropriated by title V of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 798) for 
necessary expenses of the United States-Canada Alaska Rail 
Commission shall be transferred as a direct lump-sum payment to 
the University of Alaska.
    Sec. 636. Section 33(a) of the Small Business Act (15 
U.S.C. 657c(a)) is amended by adding at the end the following: 
``Notwithstanding any other provision of law, the Corporation 
is a private entity and is not an agency, instrumentality, 
authority, entity, or establishment of the United States 
Government.''.
    Sec. 637. Of the amounts made available in this Act, 
$160,186,300 from ``Department of State''; $14,449,118 from 
``Department of Justice''; $3,095,206 from ``Department of 
Commerce''; $213,154 from ``United States Trade 
Representative''; and $302,985 from ``Broadcasting Board of 
Governors'' shall be available for the purposes of implementing 
the Capital Security Cost Sharing program, as provided in 
section 629 of the Act.
    Sec. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
Federal Communications Commission may sell the monitoring 
facilities in Honolulu, Hawaii, and Livermore, California, 
including all real property: Provided, That any sale shall be 
made in accordance with section 605 of this Act.
    Sec. 639. None of the funds made available in this Act may 
be used in contravention of the provisions of subsections (e) 
and (f) of section 301 of the United States Leadership Against 
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25; 22 U.S.C. 7631(e) and (f)).
    Sec. 640. (a) There is hereby rescinded an amount equal to 
0.54 percent of the budget authority provided for in fiscal 
year 2005 for any discretionary account in this Act.
    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of 
        budget authority described in subsection (a); and
            (2) within each such account and item, to each 
        program, project, and activity (with programs, 
        projects, and activities as delineated in the 
        appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation 
        Acts, as delineated in the most recently submitted 
        President's budget).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          WORKING CAPITAL FUND

                              (RESCISSION)

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

                            Legal Activities

                         ASSET FORFEITURE FUND

                              (RESCISSION)

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

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

                              (RESCISSION)

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

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                              (RESCISSION)

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

                  COMMUNITY ORIENTED POLICING SERVICES

                              (RESCISSION)

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

                            JUVENILE JUSTICE

                              (RESCISSION)

    Of the unobligated balances available under this heading, 
$3,500,000 are rescinded.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     INDUSTRIAL TECHNOLOGY SERVICES

                              (RESCISSION)

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

                            RELATED AGENCIES

                   Federal Communications Commission

                         SALARIES AND EXPENSES

                              (RESCISSION)

    Of the unobligated balances available under this heading, 
$12,000,000 are rescinded.

                 TITLE VIII--PATENT AND TRADEMARK FEES

SEC. 801. FEES FOR PATENT SERVICES.

    (a) General Patent Fees.--During fiscal years 2005 and 
2006, subsection (a) of section 41 of title 35, United States 
Code, shall be administered as though that subsection reads as 
follows:
    ``(a) General Fees.--The Director shall charge the 
following fees:
            ``(1) Filing and basic national fees.--
                    ``(A) On filing each application for an 
                original patent, except for design, plant, or 
                provisional applications, $300.
                    ``(B) On filing each application for an 
                original design patent, $200.
                    ``(C) On filing each application for an 
                original plant patent, $200.
                    ``(D) On filing each provisional 
                application for an original patent, $200.
                    ``(E) On filing each application for the 
                reissue of a patent, $300.
                    ``(F) The basic national fee for each 
                international application filed under the 
                treaty defined in section 351(a) of this title 
                entering the national stage under section 371 
                of this title, $300.
                    ``(G) In addition, excluding any sequence 
                listing or computer program listing filed in an 
                electronic medium as prescribed by the 
                Director, for any application the specification 
                and drawings of which exceed 100 sheets of 
                paper (or equivalent as prescribed by the 
                Director if filed in an electronic medium), 
                $250 for each additional 50 sheets of paper (or 
                equivalent as prescribed by the Director if 
                filed in an electronic medium) or fraction 
                thereof.
            ``(2) Excess claims fees.--In addition to the fee 
        specified in paragraph (1)--
                    ``(A) on filing or on presentation at any 
                other time, $200 for each claim in independent 
                form in excess of 3;
                    ``(B) on filing or on presentation at any 
                other time, $50 for each claim (whether 
                dependent or independent) in excess of 20; and
                    ``(C) for each application containing a 
                multiple dependent claim, $360.
        For the purpose of computing fees under this paragraph, 
        a multiple dependent claim referred to in section 112 
        of this title or any claim depending therefrom shall be 
        considered as separate dependent claims in accordance 
        with the number of claims to which reference is made. 
        The Director may by regulation provide for a refund of 
        any part of the fee specified in this paragraph for any 
        claim that is canceled before an examination on the 
        merits, as prescribed by the Director, has been made of 
        the application under section 131 of this title. Errors 
        in payment of the additional fees under this paragraph 
        may be rectified in accordance with regulations 
        prescribed by the Director.
            ``(3) Examination fees.--
                    ``(A) For examination of each application 
                for an original patent, except for design, 
                plant, provisional, or international 
                applications, $200.
                    ``(B) For examination of each application 
                for an original design patent, $130.
                    ``(C) For examination of each application 
                for an original plant patent, $160.
                    ``(D) For examination of the national stage 
                of each international application, $200.
                    ``(E) For examination of each application 
                for the reissue of a patent, $600.
            The provisions of section 111(a) of this title 
        relating to the payment of the fee for filing the 
        application shall apply to the payment of the fee 
        specified in this paragraph with respect to an 
        application filed under section 111(a) of this title. 
        The provisions of section 371(d) of this title relating 
        to the payment of the national fee shall apply to the 
        payment of the fee specified in this paragraph with 
        respect to an international application.
            ``(4) Issue fees.--
                    ``(A) For issuing each original patent, 
                except for design or plant patents, $1,400.
                    ``(B) For issuing each original design 
                patent, $800.
                    ``(C) For issuing each original plant 
                patent, $1,100.
                    ``(D) For issuing each reissue patent, 
                $1,400.
            ``(5) Disclaimer fee.--On filing each disclaimer, 
        $130.
            ``(6) Appeal fees.--
                    ``(A) On filing an appeal from the examiner 
                to the Board of Patent Appeals and 
                Interferences, $500.
                    ``(B) In addition, on filing a brief in 
                support of the appeal, $500, and on requesting 
                an oral hearing in the appeal before the Board 
                of Patent Appeals and Interferences, $1,000.
            ``(7) Revival fees.--On filing each petition for 
        the revival of an unintentionally abandoned application 
        for a patent, for the unintentionally delayed payment 
        of the fee for issuing each patent, or for an 
        unintentionally delayed response by the patent owner in 
        any reexamination proceeding, $1,500, unless the 
        petition is filed under section 133 or 151 of this 
        title, in which case the fee shall be $500.
            ``(8) Extension fees.--For petitions for 1-month 
        extensions of time to take actions required by the 
        Director in an application--
                    ``(A) on filing a first petition, $120;
                    ``(B) on filing a second petition, $330; 
                and
                    ``(C) on filing a third or subsequent 
                petition, $570.''.
    (b) Patent Maintenance Fees.--During fiscal years 2005 and 
2006, subsection (b) of section 41 of title 35, United States 
Code, shall be administered as though that subsection reads as 
follows:
    ``(b) Maintenance Fees.--The Director shall charge the 
following fees for maintaining in force all patents based on 
applications filed on or after December 12, 1980:
            ``(1) 3 years and 6 months after grant, $900.
            ``(2) 7 years and 6 months after grant, $2,300.
            ``(3) 11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in 
the United States Patent and Trademark Officeon or before the 
date the fee is due or within a grace period of 6 months thereafter, 
the patent will expire as of the end of such grace period. The Director 
may require the payment of a surcharge as a condition of accepting 
within such 6-month grace period the payment of an applicable 
maintenance fee. No fee may be established for maintaining a design or 
plant patent in force.''.
    (c) Patent Search Fees.--During fiscal years 2005 and 2006, 
subsection (d) of section 41 of title 35, United States Code, 
shall be administered as though that subsection reads as 
follows:
    ``(d) Patent Search and Other Fees.--
            ``(1) Patent search fees.--
                    ``(A) The Director shall charge a fee for 
                the search of each application for a patent, 
                except for provisional applications. The 
                Director shall establish the fees charged under 
                this paragraph to recover an amount not to 
                exceed the estimated average cost to the Office 
                of searching applications for patent either by 
                acquiring a search report from a qualified 
                search authority, or by causing a search by 
                Office personnel to be made, of each 
                application for patent. For the 3-year period 
                beginning on the date of enactment of this Act, 
                the fee for a search by a qualified search 
                authority of a patent application described in 
                clause (i), (iv), or (v) of subparagraph (B) 
                may not exceed $500, of a patent application 
                described in clause (ii) of subparagraph (B) 
                may not exceed $100, and of a patent 
                application described in clause (iii) of 
                subparagraph (B) may not exceed $300. The 
                Director may not increase any such fee by more 
                than 20 percent in each of the next three 1-
                year periods, and the Director may not increase 
                any such fee thereafter.
                    ``(B) For purposes of determining the fees 
                to be established under this paragraph, the 
                cost to the Office of causing a search of an 
                application to be made by Office personnel 
                shall be deemed to be--
                            ``(i) $500 for each application for 
                        an original patent, except for design, 
                        plant, provisional, or international 
                        applications;
                            ``(ii) $100 for each application 
                        for an original design patent;
                            ``(iii) $300 for each application 
                        for an original plant patent;
                            ``(iv) $500 for the national stage 
                        of each international application; and
                            ``(v) $500 for each application for 
                        the reissue of a patent.
                    ``(C) The provisions of section 111(a)(3) 
                of this title relating to the payment of the 
                fee for filing the application shall apply to 
                the payment of the fee specified in this 
                paragraph with respect to an application filed 
                under section 111(a) of this title. The 
                provisions of section 371(d) of this title 
                relating to the payment of the national fee 
                shall apply to the payment of the fee specified 
                in this paragraph with respect to an 
                international application.
                    ``(D) The Director may by regulation 
                provide for a refund of any part of the fee 
                specified in this paragraph for any applicant 
                who files a written declaration of express 
                abandonment as prescribed by the Director 
                before an examination has been made of the 
                application under section 131 of this title, 
                and for any applicant who provides a search 
                report that meets the conditions prescribed by 
                the Director.
                    ``(E) For purposes of subparagraph (A), a 
                `qualified search authority' may not include a 
                commercial entity unless--
                            ``(i) the Director conducts a pilot 
                        program of limited scope, conducted 
                        over a period of not more than 18 
                        months, which demonstrates that 
                        searches by commercial entities of the 
                        available prior art relating to the 
                        subject matter of inventions claimed in 
                        patent applications--
                                    ``(I) are accurate; and
                                    ``(II) meet or exceed the 
                                standards of searches conducted 
                                by and used by the Patent and 
                                Trademark Office during the 
                                patent examination process;
                            ``(ii) the Director submits a 
                        report on the results of the pilot 
                        program to Congress and the Patent 
                        Public Advisory Committee that 
                        includes--
                                    ``(I) a description of the 
                                scope and duration of the pilot 
                                program;
                                    ``(II) the identity of each 
                                commercial entity participating 
                                in the pilot program;
                                    ``(III) an explanation of 
                                the methodology used to 
                                evaluate the accuracy and 
                                quality of the search reports; 
                                and
                                    ``(IV) an assessment of the 
                                effects that the pilot program, 
                                as compared to searches 
                                conducted by the Patent and 
                                Trademark Office, had and will 
                                have on--
                                            ``(aa) 
                                        patentability 
                                        determinations;
                                            ``(bb) productivity 
                                        of the Patent and 
                                        Trademark Office;
                                            ``(cc) costs to the 
                                        Patent and Trademark 
                                        Office;
                                            ``(dd) costs to 
                                        patent applicants; and
                                            ``(ee) other 
                                        relevant factors;
                            ``(iii) the Patent Public Advisory 
                        Committee reviews and analyzes the 
                        Director's report under clause (ii) and 
                        the results of the pilot program and 
                        submits a separate report on its 
                        analysis to the Director and the 
                        Congress that includes--
                                    ``(I) an independent 
                                evaluation of the effects that 
                                the pilot program, as compared 
                                to searches conducted by the 
                                Patent and Trademark Office, 
                                had and will have on the 
                                factors set forth in clause 
                                (ii)(IV); and
                                    ``(II) an analysis of the 
                                reasonableness, 
                                appropriateness, and 
                                effectiveness of the methods 
                                used in the pilot program to 
                                make the evaluations required 
                                under clause (ii)(IV); and
                            ``(iv) Congress does not, during 
                        the 1-year period beginning on the date 
                        on which the Patent Public Advisory 
                        Committee submits its report to the 
                        Congress under clause (iii), enact a 
                        law prohibiting searches by commercial 
                        entities of the available prior art 
                        relating to the subject matter of 
                        inventions claimed in patent 
                        applications.
                    ``(F) The Director shall require that any 
                search by a qualified search authority that is 
                a commercial entity is conducted in the United 
                States by persons that--
                            ``(i) if individuals, are United 
                        States citizens; and
                            ``(ii) if business concerns, are 
                        organized under the laws of the United 
                        States or any State and employ United 
                        States citizens to perform the 
                        searches.
                    ``(G) A search of an application that is 
                the subject of a secrecy order under section 
                181 or otherwise involves classified 
                information may only be conducted by Office 
                personnel.
                    ``(H) A qualified search authority that is 
                a commercial entity may not conduct a search of 
                a patent application if the entity has any 
                direct or indirect financial interest in any 
                patent or in any pending or imminent 
                application for patent filed or to be filed in 
                the Patent and Trademark Office.
            ``(2) Other fees.--The Director shall establish 
        fees for all other processing, services, or materials 
        relating to patents not specified in this section to 
        recover the estimated average cost to the Office of 
        such processing, services, or materials, except that 
        the Director shall charge the following fees for the 
        following services:
                    ``(A) For recording a document affecting 
                title, $40 per property.
                    ``(B) For each photocopy, $.25 per page.
                    ``(C) For each black and white copy of a 
                patent, $3.
        The yearly fee for providing a library specified in 
        section 12 of this title with uncertified printed 
        copies of the specifications and drawings for all 
        patents in that year shall be $50.''.
    (d) Adjustments.--During fiscal years 2005 and 2006, 
subsection (f) of section 41 of title 35, United States Code, 
shall apply to the fees established under this section.
    (e) Fees For Small Entities.--During fiscal years 2005 and 
2006, subsection (h) of section 41 of title 35, United States 
Code, shall be administered as though that subsection is 
amended--
            (1) in paragraph (1), by striking ``Fees charged 
        under subsection (a) or (b)'' and inserting ``Subject 
        to paragraph (3), fees charged under subsections (a), 
        (b), and (d)(1)''; and
            (2) by adding at the end the following new 
        paragraph:
            ``(3) The fee charged under subsection (a)(1)(A) 
        shall be reduced by 75 percent with respect to its 
        application to any entity to which paragraph (1) 
        applies, if the application is filed by electronic 
        means as prescribed by the Director.''.

SEC. 802. ADJUSTMENT OF TRADEMARK FEES.

    (a) Fee For Filing Application.--During fiscal years 2005 
and 2006, under such conditions as may be prescribed by the 
Director, the fee under section 31(a) of the Trademark Act of 
1946 (15 U.S.C. 1113(a)) for: (a) the filing of a paper 
application for the registration of a trademark shall be $375; 
(b) the filing of an electronic application shall be $325; and 
(c) the filing of an electronic application meeting certain 
additional requirements prescribed by the Director shall be 
$275. During fiscal years 2005 and 2006, the provisions of the 
second and third sentences of section 31(a) of the Trademark 
Act of 1946 shall apply to the fees established under this 
section.
    (b) Reference to Trademark Act of 1946.--For purposes of 
this section, the ``Trademark Act of 1946'' refers to the Act 
entitled ``An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out the 
provisions of certain international conventions, and for other 
purposes.'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).

SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.

    (a) Effective Date.--Except as otherwise provided in this 
title (including this section), the provisions of this title 
shall take effect on the date of the enactment of this Act and 
shall apply only with respect to the remaining portion of 
fiscal year 2005 and fiscal year 2006.
    (b) Applicability.--
            (1)(A) Except as provided in subparagraphs (B) and 
        (C), the provisions of section 801 shall apply to all 
        patents, whenever granted, and to all patent 
        applications pending on or filed after the effective 
        date set forth in subsection (a) of this section.
            (B)(i) Except as provided in clause (ii), 
        subsections (a)(1) and (3) and (d)(1) of section 41 of 
        title 35, United States Code, as administered as 
        provided in this title, shall apply only to--
                    (I) applications for patents filed under 
                section 111 of title 35, United States Code, on 
                or after the effective date set forth in 
                subsection (a) of this section, and
                    (II) international applications entering 
                the national stage under section 371 of title 
                35, United States Code, for which the basic 
                national fee specified in section 41 of title 
                35, United States Code, was not paid before the 
                effective date set forth in subsection (a) of 
                this section.
            (ii) Section 41(a)(1)(D) of title 35, United States 
        Code, as administered as provided in this title, shall 
        apply only to applications for patent filed under 
        section 111(b) of title 35, United States Code, before, 
        on, or after the effective date set forth in subsection 
        (a) of this section in which the filing fee specified 
        in section 41 of title 35, United States Code, was not 
        paid before the effective date set forth in subsection 
        (a) of this section.
            (C) Section 41(a)(2) of title 35, United States 
        Code, as administered as provided in this title, shall 
        apply only to the extent that the number of excess 
        claims, after giving effect to any cancellation of 
        claims, is in excess of the number of claims for which 
        the excess claims fee specified in section 41 of title 
        35, United States Code, was paid before the effective 
        date set forth in subsection (a) of this section.
            (2) The provisions of section 802 shall apply to 
        all applications for the registration of a trademark 
        filed or amended on or after the effective date set 
        forth in subsection (a) of this section.
    (c) Transitional Provisions.--
            (1) Search fees.--During fiscal years 2005 and 
        2006, the Director shall charge--
                    (A) for the search of each application for 
                an original patent, except for design, plant, 
                provisional, or international application, 
                $500;
                    (B) for the search of each application for 
                an original design patent, $100;
                    (C) for the search of each application for 
                an original plant patent, $300;
                    (D) for the search of the national stage of 
                each international application, $500; and
                    (E) for the search of each application for 
                the reissue of a patent, $500.
            (2) Timing of fees.--The provisions of section 
        111(a)(3) of title 35, United States Code, relating to 
        the payment of the fee for filing the application shall 
        apply to the payment of the fee specified in paragraph 
        (1) with respect to an application filed under section 
        111(a) of title 35, United States Code. The provisions 
        of section 371(d) of title 35, United States Code, 
        relating to the payment of the national fee shall apply 
        to the payment of the fee specified in paragraph (1) 
        with respect to an international application.

SEC. 804. DEFINITION.

    In this title, the term ``Director'' means the Under 
Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.

                 TITLE IX--OCEANS AND HUMAN HEALTH ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Oceans and Human Health 
Act''.

SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.

    (a) Coordination.--The President, through the National 
Science and Technology Council, shall coordinate and support a 
national research program to improve understanding of the role 
of the oceans in human health.
    (b) Implementation Plan.--Within 1 year after the date of 
enactment of this Act, the National Science and Technology 
Council, through the Director of the Office of Science and 
Technology Policy shall develop and submit to the Congress a 
plan for coordinated Federal activities under the program. 
Nothing in this subsection is intended to duplicate or 
supersede the activities of the Inter-Agency Task Force on 
Harmful Algal Blooms and Hypoxia established under section 603 
of the Harmful Algal Bloom and Hypoxia Research and Control Act 
of 1998 (16 U.S.C. 1451 note). In developing the plan, the 
Committee will consult with the Inter-Agency Task Force on 
Harmful Algal Blooms and Hypoxia. Such plan will build on and 
complement the ongoing activities of the National Oceanic and 
Atmospheric Administration, the National Science Foundation, 
and other departments and agencies and shall--
            (1) establish, for the 10-year period beginning in 
        the year it is submitted, the goals and priorities for 
        Federal research which most effectively advance 
        scientific understanding of the connections between the 
        oceans and human health, provide usable information for 
        the prediction of marine-related public health problems 
        and use the biological potential of the oceans for 
        development of new treatments of human diseases and a 
        greater understanding of human biology;
            (2) describe specific activities required to 
        achieve such goals and priorities, including the 
        funding of competitive research grants, ocean and 
        coastal observations, training and support for 
        scientists, and participation in international research 
        efforts;
            (3) identify and address, as appropriate, relevant 
        programs and activities of the Federal agencies and 
        departments that would contribute to the program;
            (4) identify alternatives for preventing 
        unnecessary duplication of effort among Federal 
        agencies and departments with respect to the program;
            (5) consider and use, as appropriate, reports and 
        studies conducted by Federal agencies and departments, 
        the National Research Council, the Ocean Research 
        Advisory Panel, the Commission on Ocean Policy and 
        other expert scientific bodies;
            (6) make recommendations for the coordination of 
        program activities with ocean and human health-related 
        activities of other national and international 
        organizations; and
            (7) estimate Federal funding for research 
        activities to be conducted under the program.
    (c) Program Scope.--The program may include the following 
activities related to the role of oceans in human health:
            (1) Interdisciplinary research among the ocean and 
        medical sciences, and coordinated research and 
        activities to improve understanding of processes within 
        the ocean that may affect human health and to explore 
        the potential contribution of marine organisms to 
        medicine and research, including--
                    (A) vector- and water-borne diseases of 
                humans and marine organisms, including marine 
                mammals and fish;
                    (B) harmful algal blooms and hypoxia 
                (through the Inter-Agency Task Force on Harmful 
                Algal Blooms and Hypoxia);
                    (C) marine-derived pharmaceuticals;
                    (D) marine organisms as models for 
                biomedical research and as indicators of marine 
                environmental health;
                    (E) marine environmental microbiology;
                    (F) bioaccumulative and endocrine-
                disrupting chemical contaminants; and
                    (G) predictive models based on indicators 
                of marine environmental health or public health 
                threats.
            (2) Coordination with the National Ocean Research 
        Leadership Council (10 U.S.C. 7902(a)) to ensure that 
        any integrated ocean and coastal observing system 
        provides information necessary to monitor and reduce 
        marine public health problems including health-related 
        data on biological populations and detection of 
        contaminants in marine waters and seafood.
            (3) Development through partnerships among Federal 
        agencies, States, academic institutions, or non-profit 
        research organizations of new technologies and 
        approaches for detecting and reducing hazards to human 
        health from ocean sources and to strengthen 
        understanding of the value of marine biodiversity to 
        biomedicine, including--
                    (A) genomics and proteomics to develop 
                genetic and immunological detection approaches 
                and predictive tools and to discover new 
                biomedical resources;
                    (B) biomaterials and bioengineering;
                    (C) in situ and remote sensors used to 
                detect, quantify, and predict the presence and 
                spread of contaminants in marine waters and 
                organisms and to identify new genetic resources 
                for biomedical purposes;
                    (D) techniques for supplying marine 
                resources, including chemical synthesis, 
                culturing and aquaculturing marine organisms, 
                new fermentation methods and recombinant 
                techniques; and
                    (E) adaptation of equipment and 
                technologies from human health fields.
            (4) Support for scholars, trainees and education 
        opportunities that encourage an interdisciplinary and 
        international approach to exploring the diversity of 
        life in the oceans.
    (d) Annual Report.--Beginning with the first year occurring 
more than 24 months after the date of enactment of this Act, 
the National Science and Technology Council, through the 
Director of the Office of Science and Technology Policy shall 
prepare and submit to the President and the Congress not later 
than January 31st of each year an annual report on the 
activities conducted pursuant to this title during the 
preceding fiscal year, including--
            (1) a summary of the achievements of Federal oceans 
        and human health research, including Federally 
        supported external research, during the preceding 
        fiscal year;
            (2) an analysis of the progress made toward 
        achieving the goals and objectives of the plan 
        developed under subsection (b), including 
        identification of trends and emerging trends;
            (3) a copy or summary of the plan and any changes 
        made in the plan;
            (4) a summary of agency budgets for oceans and 
        human health activities for that preceding fiscal year; 
        and
            (5) any recommendations regarding additional action 
        or legislation that may be required to assist in 
        achieving the purposes of this title.

SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND 
                    HUMAN HEALTH INITIATIVE.

    (a) Establishment.--As part of the interagency oceans and 
human health research program, the Secretary of Commerce is 
authorized to establish an Oceans and Human Health Initiative 
to coordinate and implement research and activities of the 
National Oceanic and Atmospheric Administration related to the 
role of the oceans, the coasts, and the Great Lakes in human 
health. In carrying out this section, the Secretary shall 
consult with other Federal agencies conducting integrated 
oceans and human health research and research in related areas, 
including the National Science Foundation. The Oceans and Human 
Health Initiative is authorized to provide support for--
            (1) centralized program and research coordination;
            (2) an advisory panel;
            (3) one or more National Oceanic and Atmospheric 
        Administration national centers of excellence;
            (4) research grants; and
            (5) distinguished scholars and traineeships.
    (b) Advisory Panel.--The Secretary is authorized to 
establish an oceans and human health advisory panel to assist 
in the development and implementation of the Oceans and Human 
Health Initiative. Membership of the advisory group shall 
provide for balanced representation of individuals with multi-
disciplinary expertise in the marine and biomedical sciences. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the oceans and human health advisory panel.
    (c) National Centers.--
            (1) The Secretary is authorized to identify and 
        provide financial support through a competitive process 
        to develop, within the National Oceanic and Atmospheric 
        Administration, for one or more centers of excellence 
        that strengthen the capabilities of the National 
        Oceanic and Atmospheric Administration to carry out its 
        programs and activities related to the oceans' role in 
        human health.
            (2) The centers shall focus on areas related to 
        agency missions, including use of marine organisms as 
        indicators for marine environmental health, ocean 
        pollutants, marine toxins and pathogens, harmful algal 
        blooms, hypoxia, seafood testing, identification of 
        potential marine products, and biology and pathobiology 
        of marine mammals, and on disciplines including marine 
        genomics, marine environmental microbiology, ecological 
        chemistry and conservation medicine.
            (3) In selecting centers for funding, the Secretary 
        will give priority to proposals with strong 
        interdisciplinary scientific merit that encourage 
        educational opportunities and provide for effective 
        partnerships among the Administration, other Federal 
        entities, State, academic, non-profit research 
        organizations, medical, and industry participants.
    (d) Extramural Research Grants.--
            (1) The Secretary is authorized to provide grants 
        of financial assistance to the scientific community for 
        critical research and projects that explore the 
        relationship between the oceans and human health and 
        that complement or strengthen programs and activities 
        of the National Oceanic and Atmospheric Administration 
        related to the ocean's role in human health. Officers 
        and employees of Federal agencies may collaborate with, 
        and participate in, such research and projects to the 
        extent requested by the grant recipient. The Secretary 
        shall consult with the oceans and human health advisory 
        panel established under subsection (b) and may work 
        cooperatively with other agencies participating in the 
        interagency program to establish joint criteria for 
        such research and projects.
            (2) Grants under this subsection shall be awarded 
        through a competitive peer-reviewed, merit-based 
        process that may be conducted jointly with other 
        agencies participating in the interagency program.
    (e) Traineeships.--The Secretary of Commerce is authorized 
to establish a program to provide traineeships, training, and 
experience to pre-doctoral and post-doctoral students and to 
scientists at the beginning of their careers who are interested 
in the oceans in human health research conducted under the NOAA 
initiative.

SEC. 904. PUBLIC INFORMATION AND OUTREACH.

    (a) In General.--The Secretary of Commerce, in consultation 
with other Federal agencies, and in cooperation with the 
National Sea Grant program, shall design and implement a 
program to disseminate information developed under the NOAA 
Oceans and Human Health Initiative, including research, 
assessments, and findings regarding the relationship between 
oceans and human health, on both a regional and national scale. 
The information, particularly with respect to potential health 
risks, shall be made available in a timely manner to 
appropriate Federal or State agencies, involved industries, and 
other interested persons through a variety of means, including 
through the Internet.
    (b) Report.--As part of this program, the Secretary shall 
submit to Congress an annual report reviewing the results of 
the research, assessments, and findings developed under the 
NOAA Oceans and Human Health Initiative, as well as 
recommendations for improving or expanding the program.

SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce to carry out the National Oceanic and Atmospheric 
Administration Oceans and Human Health Initiative, $60,000,000 
for fiscal years 2005 through 2008. Not less than 50 percent of 
the amounts appropriated to carry out the initiative shall be 
utilized in each fiscal year to support the extramural grant 
and traineeship programs of the Initiative.
    This division may be cited as the ``Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2005''.

   DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the 
direction of the Secretary of the Army and the supervision of 
the Chief of Engineers for authorized civil functions of the 
Department of the Army pertaining to rivers and harbors, flood 
control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related purposes.

                         GENERAL INVESTIGATIONS

    For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood 
control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related projects, restudy of 
authorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $144,500,000, 
to remain available until expended: Provided, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $300,000 for the continued preconstruction, 
engineering, and design of Waikiki Beach, Oahu, Hawaii, the 
project to be designed and evaluated, as authorized and that 
any recommendations for a National Economic Development Plan 
shall be accepted notwithstanding the extent of recreation 
benefits supporting the project features, in view of the fact 
that recreation is extremely important in sustaining and 
increasing the economic well-being of the State of Hawaii and 
the nation: Provided further, That in conducting the Southwest 
Valley Flood Damage Reduction Study, Albuquerque, New Mexico, 
the Secretary of the Army, acting through the Chief of 
Engineers, shall include an evaluation of flood damage 
reduction measures that would otherwise be excluded from the 
feasibility analysis based on policies regarding the frequency 
of flooding, the drainage areas, and the amount of runoff: 
Provided further, That for the Ohio Riverfront, Cincinnati, 
Ohio, project, the cost of planning and design undertaken by 
non-Federal interests shall be credited toward the non-Federal 
share of project design costs.

                         CONSTRUCTION, GENERAL

    For expenses necessary for the construction of river and 
harbor, flood control, shore protection and storm damage 
reduction, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and plans 
and specifications, of such projects (including those for 
development with participation or under consideration for 
participation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such 
detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); and 
for the benefit of federally listed species to address the 
effects of civil works projects owned or operated by the United 
States Army Corps of Engineers, $1,796,089,000, to remain 
available until expended, of which such sums as are necessary 
to cover the Federal share of construction costs for facilities 
under the Dredged Material Disposal Facilities program shall be 
derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, to cover one-half of the costs of 
construction and rehabilitation of inland waterways projects, 
(including the rehabilitation costs for Lock and Dam 11, 
Mississippi River, Iowa; Lock and Dam 19, Mississippi River, 
Iowa; Lock and Dam 24, Mississippi River, Illinois and 
Missouri; and Lock and Dam 3, Mississippi River, Minnesota) 
shall be derived from the Inland Waterways Trust Fund: 
Provided, That using $12,500,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue construction of the Dallas 
Floodway Extension, Texas, project, including the Cadillac 
Heights feature, generally in accordance with the Chief of 
Engineers report dated December 7, 1999: Provided further, That 
the Secretary of the Army is directed to accept advance funds, 
pursuant to section 11 of the River and Harbor Act of 1925, 
from the non-Federal sponsor of the Los Angeles Harbor, 
California, project authorized by section 101(b)(5) of Public 
Law 106-541: Provided further, That the Secretary of the Army 
is directed to accept advance funds, or any portion thereof, 
pursuant to section 11 of the River and Harbor Act of 1925, 
from the non-Federal sponsor of the Oakland Harbor, California, 
project authorized by section 101(a)(7) of Public Law 106-53: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $500,000 of 
the funds provided herein to continue construction of the 
Hawaii Water Management Project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $3,000,000 of the funds appropriated herein 
to continue construction of the navigation project at 
Kaumalapau Harbor, Hawaii: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to use $3,000,000 of the funds provided herein for the Dam 
Safety and Seepage/Stability Correction Program to complete 
construction of seepage control features and repairs to the 
tainter gates at Waterbury Dam,Vermont: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $9,000,000 of the funds appropriated herein to proceed 
with planning, engineering, design or construction of the Grundy, 
Buchanan County, and Dickenson County, Virginia, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland River 
Project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $15,000,000 of the 
funds appropriated herein to continue with the planning, engineering, 
design or construction of the Lower Mingo County, Upper Mingo County, 
Wayne County, McDowell County, West Virginia, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland River 
Project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue the Dickenson 
County Detailed Project Report as generally defined in Plan 4 of the 
Huntington District Engineer's Draft Supplement to the section 202 
General Plan for Flood Damage Reduction dated April 1997, including all 
Russell Fork tributary streams within the County and special 
considerations as may be appropriate to address the unique relocations 
and resettlement needs for the flood prone communities within the 
County: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $8,750,000 of the 
funds appropriated herein for the Clover Fork, City of Cumberland, Town 
of Martin, Pike County (including Levisa Fork and Tug Fork 
Tributaries), Bell County, Harlan County in accordance with the Draft 
Detailed Project Report dated January 2002, Floyd County, Martin 
County, Johnson County, and Knox County, Kentucky, detailed project 
report, elements of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
with the construction of the Seward Harbor, Alaska, project, in 
accordance with the Report of the Chief of Engineers, dated June 8, 
1999, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue with the construction of the False 
Pass, Alaska, project, in accordance with the Report of the Chief of 
Engineers, dated December 29, 2000: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with construction of the Sand Point Harbor, Alaska 
project, in accordance with the Report of the Chief of Engineers, dated 
October 13, 1998, and the economic justification contained therein: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to design and construct modifications 
to the Federal navigation project at Thomsen Harbor, Sitka, Alaska, 
authorized by Section 101 of the Water Resources Development Act of 
1992: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, shall correct the design deficiency at Thomsen 
Harbor, Sitka, Alaska, by adding to, or extending, the existing 
breakwaters to reduce wave and swell motion within the harbor at an 
additional cost of $1,000,000 at full Federal expense: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed and authorized to continue the work to replace 
and upgrade the dam and all connections to the existing system at Kake, 
Alaska: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue with the 
construction of the Wrangell Harbor, Alaska, project in accordance with 
the Chief of Engineer's report dated December 23, 1999: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with the construction of the New York 
and New Jersey Harbor project, 50-foot deepening element, upon 
execution of the Project Cooperation Agreement: Provided further, That 
no funds made available under this Act or any other Act for any fiscal 
year may be used by the Secretary of the Army to carry out the 
construction of the Port Jersey element of the New York and New Jersey 
Harbor or reimbursement to the Local Sponsor for the construction of 
the Port Jersey element until commitments for construction of container 
handling facilities are obtained from the non-Federal sponsor for a 
second user along the Port Jersey element: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use funds appropriated for the navigation project, Tampa 
Harbor, Florida, to carry out, as part of the project, construction of 
passing lanes in an area approximately 3.5 miles long, centered on 
Tampa Bay Cut B, if the Secretary determines that such construction is 
technically sound, environmentally acceptable, and cost effective: 
Provided further, That using $750,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed to plan, design, and initiate reconstruction of 
the Cape Girardeau, Missouri, project, originally authorized by the 
Flood Control Act of 1950, at an estimated total cost of $9,000,000, 
with cost sharing on the same basis as cost sharing for the project as 
originally authorized, if the Secretary determines that the 
reconstruction is technically sound and environmentally acceptable: 
Provided further, That the planned reconstruction shall be based on the 
most cost-effective engineering solution and shall require no further 
economic justification: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to proceed 
without further delay with work on the permanent bridge to replace 
Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy 
and Water Development Appropriations Act, 2004 (Public Law 108-137), 
and, of the $8,000,000 available for the American River Watershed 
(Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those 
funds be directed for the permanent bridge, with all remaining devoted 
to the Mini-Raise: Provided further, That the Secretary of the Army is 
directed to use $1,365,000 of the funds appropriated herein to 
construct a project for flood control, Cass River, Spaulding Township, 
Michigan, pursuant to section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s), notwithstanding that the benefits of the project may not 
exceed the estimated costs of the project: Provided further, That the 
non-Federal interest for the project shall receive credit towards its 
share of project costs in the amount of $345,000 for work carried out 
by the non-Federal interest on the project prior to entering into a 
project cooperation agreement: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed 
toundertake and fund a demonstration project utilizing the Bidlocker 
system of escrowing contract bid documents: Provided further, that the 
system should provide a method of securing bidder documents prior to 
the award of the contracts, thus allowing the contractor to provide 
those documents to the Government in the case of disputes: Provided 
further, that the demonstration project should include use of the 
system on at least three contracts: Provided further, that a report on 
the results of the demonstration project shall be provided within one 
year of the date of enactment of this Act.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
       KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

    For expenses necessary for the flood damage reduction 
program for the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $324,500,000, to 
remain available until expended: Provided, That the Secretary 
of the Army, acting through the Chief of Engineers, using 
$12,000,000 of the funds provided herein, is directed to 
continue design and real estate activities and to initiate the 
pump supply contract for the Yazoo Basin, Yazoo Backwater 
Pumping Plant, Mississippi: Provided further, That the pump 
supply contract shall be performed by awarding continuing 
contracts in accordance with 33 U.S.C. 621: Provided further, 
That the Secretary of the Army, acting through the Chief of 
Engineers is directed, with $500,000 appropriated herein, to 
continue construction of water withdrawal features of the Grand 
Prairie, Arkansas, project.

                       OPERATION AND MAINTENANCE

    For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage 
reduction, aquatic ecosystem restoration, and related projects 
authorized by law; for the benefit of federally listed species 
to address the effects of civil works projects owned or 
operated by the United States Army Corps of Engineers; for 
providing security for infrastructure owned and operated by, or 
on behalf of, the United States Army Corps of Engineers, 
including administrative buildings and facilities, 
laboratories, and the Washington Aqueduct; for the maintenance 
of harbor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting 
of northern and northwestern lakes and connecting waters, 
clearing and straightening channels, and removal of 
obstructions to navigation, $1,959,101,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of operation and maintenance costs for 
coastal harbors and channels shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662 may be 
derived from that fund; of which such sums as become available 
from the special account for the United States Army Corps of 
Engineers established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from 
that account for resource protection, research, interpretation, 
and maintenance activities related to resource protection in 
the areas at which outdoor recreation is available; and of 
which such sums as become available under section 217 of the 
Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of 
the dredged material disposal facilities for which fees have 
been collected: Provided, That utilizing funds appropriated 
herein, for the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to 
reimburse the State of Delaware for normal operation and 
maintenance costs incurred by the State of Delaware for the SR1 
Bridge from station 58+00 to station 293+00 between October 1, 
2003, and September 30, 2004: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use funds appropriated herein to rehabilitate 
the existing dredged material disposal site for the project for 
navigation, Bodega Bay Harbor, California, and to continue 
maintenance dredging of the Federal channel: Provided further, 
That the Secretary shall make suitable material excavated from 
the Bodega Bay Harbor, California, disposal site as part of the 
rehabilitation effort available to the non-Federal sponsor, at 
no cost to the Federal Government, for use by the non-Federal 
sponsor in the development of public facilities: Provided 
further, That the Secretary of the Army, acting through the 
Chief of Engineers, is authorized to undertake, at full federal 
expense, a detailed evaluation of the Albuquerque levees for 
purposes of determining structural integrity, impacts of 
vegetative growth, and performance under current hydrological 
conditions: Provided further, That using $175,000 provided 
herein, the Secretary of the Army, acting through the Chief of 
Engineers is authorized to remove the sunken vessel, State of 
Pennsylvania from the Christina River in Delaware: Provided 
further, That the Corps of Engineers shall not allocate any 
funds to deposit dredged material along the Laguna Madre 
portion of the Gulf Intracoastal Waterway except at the 
placement areas specified in the Dredged Material Management 
Plan in section 2.11 of the Final Environmental Impact 
Statement for Maintenance Dredging of the Gulf Intracoastal 
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy, 
Willacy, and Cameron Counties, Texas, prepared by the Corps of 
Engineers dated September 2003: Provided further, That nothing 
in the above proviso shall prevent the Corps of Engineers from 
performing necessary maintenance operations along the Gulf 
Intracoastal Waterway if the following conditions are met: if 
the Corps proposes to use any placement areas that are not 
currently specified in the Dredged Material Management Plan and 
failure to use such alternative placement areas will result in 
the closure of any segment of the Gulf Intracoastal Waterway, 
then such proposal shall be analyzed in an Environmental Impact 
Statement (EIS) and comply with all other applicable 
requirements of the National Environmental Policy Act, 42 
U.S.C. 4321, et seq., and all other applicable State and 
Federal laws, including the Clean Water Act, 33 U.S.C. 1251 et 
seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and 
the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: 
Provided further, That, of the funds made available, $7,000,000 
is to be used to perform work authorized in Section 136 of 
Public Law 108-357.

                           REGULATORY PROGRAM

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

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

    For expenses necessary to clean up contamination from sites 
in the United States resulting from work performed as part of 
the Nation's early atomic energy program, $165,000,000, to 
remain available until expended.

                            GENERAL EXPENSES

    For expenses necessary for general administration and 
related civil works functions in the headquarters of the United 
States Army Corps of Engineers, the offices of the Division 
Engineers, the Humphreys Engineer Center Support Activity, the 
Institute for Water Resources, the United States Army Engineer 
Research and Development Center, and the United States Army 
Corps of Engineers Finance Center, $167,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be 
available to fund the civil works activities of the Office of 
the Chief of Engineers or the civil works executive direction 
and management activities of the division offices: Provided 
further, That none of these funds shall be available to support 
an office of congressional affairs within the executive office 
of the Chief of Engineers.

        OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

    For expenses necessary for the Office of Assistant 
Secretary of the Army (Civil Works), as authorized by 10 U.S.C. 
3016(b)(3), $4,000,000.

                        ADMINISTRATIVE PROVISION

    Appropriations in this title shall be available for 
official reception and representation expenses (not to exceed 
$5,000); and during the current fiscal year the Revolving Fund, 
Corps of Engineers, shall be available for purchase (not to 
exceed 100 for replacement only) and hire of passenger motor 
vehicles.

                           GENERAL PROVISIONS

                       CORPS OF ENGINEERS--CIVIL

    Sec. 101. Beginning in fiscal year 2005 and thereafter, 
agreements proposed for execution by the Assistant Secretary of 
the Army for Civil Works or the United States Army Corps of 
Engineers after the date of the enactment of this Act pursuant 
to section 4 of the Rivers and Harbor Act of 1915, Public Law 
64-291; section 11 of the River and Harbor Act of 1925, Public 
Law 68-585; the Civil Functions Appropriations Act, 1936, 
Public Law 75-208; section 215 of the Flood Control, Act of 
1968, as amended, Public Law 90-483; sections 104, 203, and 204 
of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources 
Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, 
Public Law 104-303; and any other specific project authority, 
shall be limited to credits and reimbursements per project not 
to exceed $10,000,000 in each fiscal year, and total credits 
and reimbursements for all applicable projects not to exceed 
$50,000,000 in each fiscal year, except that for environmental 
infrastructure projects, the $10,000,000 limitation shall apply 
to each state wherein such projects are undertaken.
      Sec. 102. None of the funds appropriated in this or any 
other Act may be used by the United States Army Corps of 
Engineers to support activities related to the proposed Ridge 
Landfill in Tuscarawas County, Ohio.
      Sec. 103. None of the funds appropriated in this or any 
other Act shall be used to demonstrate or implement any plans 
divesting or transferring any Civil Works missions, functions, 
or responsibilities of the United States Army Corps of 
Engineers to other government agencies without specific 
direction in a subsequent Act of Congress.
    Sec. 104. Alamogordo, New Mexico. The project for flood 
protection at Alamogordo, New Mexico, authorized by the Flood 
Control Act of 1962 (Public Law 87-874), is modified to 
authorize and direct the Secretary to construct a flood 
detention basin to protect the north side of the City of 
Alamogordo, New Mexico, from flooding. The flood detention 
basin shall be constructed to provide protection from a 100-
year flood event. The project cost share for the flood 
detention basin shall be consistent with section 103(a) of the 
Water Resources Development Act of 1986, notwithstanding 
section 202(a) of the Water Resources Development Act of 1996.
      Sec. 105. None of the funds appropriated in this or any 
other Act may be used by the United States Army Corps of 
Engineers to support activities related to the proposed Indian 
Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
    Sec. 106. St. Georges Bridge, Delaware. None of the funds 
made available in this Act may be used to carry out any 
activity relating to closure or removal of the St. Georges 
Bridge across the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, including a hearing or 
any other activity relating to preparation of an environmental 
impact statement concerning the closure or removal.
    Sec. 107. Water Reallocation, Lake Cumberland, Kentucky. 
(a) In General.--Subject to subsection (b), none of the funds 
made available by this Act may be used to carry out any water 
reallocation project or component under the Wolf Creek Project, 
Lake Cumberland, Kentucky, authorized under the Act of June 28, 
1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 1946 
(60 Stat. 636, chapter 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply 
to any water reallocation for Lake Cumberland, Kentucky, that 
is carried out subject to an agreement or payment schedule in 
effect on the date of enactment of this Act.
    Sec. 108. Lake Tahoe Basin Restoration, Nevada and 
California. (a) Definition.--In this section, the term ``Lake 
Tahoe Basin'' means the entire watershed drainage of Lake Tahoe 
including that portion of the Truckee River 1,000 feet 
downstream from the U.S. Bureau of Reclamation dam in Tahoe 
City, California.
    (b) Establishment of Program.--The Secretary may establish 
a program for providing environmental assistance to non-Federal 
interests in Lake Tahoe Basin.
    (c) Form of Assistance.--Assistance under this section may 
be in the form of planning, design, and construction assistance 
for water-related environmental infrastructure and resource 
protection and development projects in Lake Tahoe Basin--
            (1) urban stormwater conveyance, treatment and 
        related facilities;
            (2) watershed planning, science and research;
            (3) environmental restoration; and
            (4) surface water resource protection and 
        development.
    (d) Public Ownership Requirement.--The Secretary may 
provide assistance for a project under this section only if the 
project is publicly owned.
    (e) Local Cooperation Agreement.--
            (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a local 
        cooperation agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
            (2) Requirements.--Each local cooperation agreement 
        entered into under this subsection shall provide for 
        the following:
                    (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                and Regional officials, of appropriate 
                environmental documentation, engineering plans 
                and specifications.
                    (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
            (3) Cost sharing.--
                    (A) In general.--The Federal share of 
                project costs under each local cooperation 
                agreement entered into under this subsection 
                shall be 75 percent. The Federal share may be 
                in the form of grants or reimbursements of 
                project costs.
                    (B) Credit for design work.--The non-
                Federal interest shall receive credit for the 
                reasonable costs of planning and design work 
                completed by the non-Federal interest before 
                entering into a local cooperation agreement 
                with the Secretary for a project.
                    (C) Land, easements, rights-of-way, and 
                relocations.--The non-Federal interest shall 
                receive credit for land, easements, rights-of-
                way, and relocations provided by the non-
                Federal interest toward the non-Federal share 
                of project costs (including all reasonable 
                costs associated with obtaining permits 
                necessary for the construction, operation, and 
                maintenance of the project on publicly owned or 
                controlled land), but not to exceed 25 percent 
                of total project costs.
                    (D) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
    (f) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
    (g) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section for the period 
beginning with fiscal year 2005, $25,000,000, to remain 
available until expended.
    Sec. 109. Watershed Management and Development. Section 503 
of the Water Resources Development Act of 1996 (110 Stat. 3756) 
is amended in subsection (c) by inserting the following: ``The 
non-Federal share of the cost to provide assistance for the 
Lake Tahoe watershed, California and Nevada, and Walker River 
Basin, Nevada may be provided as work-in-kind.''.
    Sec. 110. The Assistant Secretary of the Army for Civil 
Works shall enter into an agreement with the Orange County 
Water District, Orange County, California for purposes of water 
conservation storage and operations to provide at a minimum a 
conservation level up to elevation 498 feet mean sea level 
during the flood season, and up to elevation 505 feet mean sea 
level during the non-flood season at Prado Dam, California. The 
Orange County Water District shall pay to the Government only 
the separable costs associated with implementation and 
operation and maintenance of Prado Dam for water conservation.
    Sec. 111. Black Warrior-Tombigbee Rivers, Alabama. (a) In 
General.--The Secretary is authorized to construct a new 
project management office located in the city of Tuscaloosa, 
Alabama, at a location within the vicinity of the city, at full 
Federal expense.
    (b) Transfer of Land and Structures.--The Secretary is 
authorized to convey, or otherwise transfer to the city of 
Tuscaloosa, Alabama, at fair market value, the land and 
structures associated with the existing project management 
office, if the city agrees to assume full responsibility for 
demolition of the existing project management office.
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out subsection (a) $32,000,000.
    Sec. 112. Within 75 days of the date of the Chief of 
Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to 
the appropriate authorizing and appropriating committees of the 
Congress.
    Sec. 113. Within 90 days of the date of enactment of this 
Act, the Assistant Secretary of the Army (Civil Works) shall 
transmit to Congress his report on any water resources matter 
on which the Chief of Engineers has reported.
    Sec. 114. Coastal Wetland Conservation Project Funding. (a) 
Funding.--Section 306 of the Coastal Wetlands Planning, 
Protection, and Restoration Act (16 U.S.C. 3955) is amended--
            (1) in subsection (a), by striking ``, not to 
        exceed $70,000,000,'';
            (2) in subsection (b), by striking ``, not to 
        exceed $15,000,000''; and
            (3) in subsection (c), by striking ``, not to 
        exceed $15,000,000,''.
    (b) Period of Authorization.--Section 4(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is 
amended in the second sentence by striking ``2009'' and 
inserting ``2019''.
    Sec. 115. The Secretary of the Army, acting through the 
Chief of Engineers, is directed to design and construct a 
marina and associated facilities project capable of remaining 
in operation through extended drought conditions at Federal 
expense at Lake Sakakawea, North Dakota.
    Sec. 116. Central City, Fort Worth, Texas. The project for 
flood control and other purposes on the Trinity River and 
Tributaries, Texas, authorized by the River and Harbor Act of 
1965 (Public Law 89-298), as modified, is further modified to 
authorize the Secretary to undertake the Central City River 
Project, as generally described in the Trinity River Vision 
Master Plan, dated April 2003, as amended, at a total cost not 
to exceed $220,000,000, at a Federal cost of $110,000,000, and 
a non-Federal cost of $110,000,000, if the Secretary determines 
the work is technically sound and environmentally acceptable. 
The cost of work undertaken by the non-Federal interests before 
the date of execution of a project cooperation agreement shall 
be credited against the non-Federal share of project costs if 
the Secretary determines that the work is integral to the 
project.
    Sec. 117. Notwithstanding any other provision of law, the 
Secretary of the Army is authorized to carry out, at full 
Federal expense, structural and non-structural projects for 
storm damage prevention and reduction, coastal erosion, and ice 
and glacial damage in Alaska, including relocation of affected 
communities and construction of replacement facilities.
    Sec. 118. Cook Inlet, Alaska. (a) Anchorage Harbor.--
            (1) Harbor depth.--The project for navigation 
        improvements, Cook Inlet, Alaska (Anchorage Harbor, 
        Alaska), authorized by section 101 of the River and 
        Harbor Act of 1958 (72 Stat. 299) and modified by 
        section 199 of the Water Resources Development Act of 
        1976 (90 Stat. 2944), is further modified to direct the 
        Secretary of the Army to construct a harbor depth of 
        minus 45 feet mean lower low water for a length of 
        10,860 feet at the modified Port of Anchorage 
        intermodal marine facility at each phase of facility 
        modification as such phases are completed and 
        thereafter as the entire project is completed.
            (2) Cost-sharing.--If the Secretary determines that 
        the modified Port of Anchorage will be used by vessels 
        operated by the Department of Defense that have a draft 
        of greater than 35 feet, the modification referred to 
        in paragraph (1) shall be at full federal expense.
            (3) Transitional dredging.--Before completion of 
        the project modification described in paragraph (1), 
        the Secretary may conduct dredging to a depth of at 
        least minus 35 feet mean lower low water in such 
        locations as will allow maintenance of navigation and 
        vessel access to the Port of Anchorage intermodal 
        marine facility during modification of such facility. 
        Such work shall be carried out by the Secretary in 
        accordance with section 101 of the River and Harbor Act 
        of 1958.
            (4) Facilitating facility modification.--Before 
        establishing the harbor depth of minus 45 feet mean 
        lower low water, the Secretary may undertake dredging 
        in accordance with section 101 of the River and Harbor 
        Act of 1958 within the design footprint of the modified 
        intermodal marine facility referred to in paragraph (1) 
        to facilitate modification. The Secretary may carry out 
        such dredging as part of operation and maintenance of 
        the project modified by paragraph (1).
            (5) Maintenance.--Federal maintenance shall 
        continue for the existing project until the modified 
        intermodal marine facility is completed. Federal 
        maintenance of the modified project shall be in 
        accordance with section 101 of the River and Harbor Act 
        of 1958; except that the project shall be maintained at 
        a depth of minus 45 feet mean lower low water for 
        10,860 feet referred to in paragraph (1).
    (b) Navigation Channel.--The Secretary shall modify the 
channel in the exiting Cook Inlet Navigation Channel approach 
to Anchorage Harbor, Alaska, to run the entire length of Fire 
Island Range and Point Woronzof Range and shall modify the 
depth of that channel to minus 45 feet mean lower low water. 
The channel shall be maintained at a depth of minus 45 feet 
mean lower low water.
    (c) Hydrodynamic Modeling.--The Secretary shall carry out 
hydrodynamic modeling of the Knik Arm to identify causes of, 
and measures to address, shoaling at the Port of Anchorage, at 
a total cost of $3,000,000.
    (d) Alternatives Analysis.--No alternative other than the 
alternative authorized in this section shall be considered in 
any analysis of the modified project to be carried out by the 
Secretary in accordance with this section.
    Sec. 119. Northern Wisconsin. Section 154(c) of title I of 
division B of the Miscellaneous Appropriations Act, 2001, 
enacted into law by the Consolidated Appropriations Act, 2001 
(114 Stat. 2763A-252), is amended--
            (1) by inserting after ``design'' the following: 
        ``, construction,''; and
            (2) by inserting before ``wastewater treatment'' 
        the following: ``navigation and inland harbor 
        improvement and expansion,''.
    Sec. 120. St. Croix Falls Environmental Infrastructure, 
Wisconsin. Additional Assistance.--Section 219(f) of the Water 
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
3757; 113 Stat. 335; 114 Stat. 2763A-220) is amended by adding 
at the end the following:
            ``(73) St. Croix Falls, Wisconsin.--$5,000,000 for 
        waste water infrastructure, St. Croix Falls, 
        Wisconsin.''.
    Sec. 121. Burns Harbor, Indiana. The Secretary of the Army, 
acting through the Chief of Engineers, is authorized and 
directed to dredge sediments, at 100 percent federal cost, in 
the vicinity of the Bailey (NIPSCO) intake structure that is 
approximately 5,000 feet east of and 2,300 feet north of the 
northern most point of the Burns Waterway Harbor Breakwater 
authorized by Public Law 89-298.
      Sec. 122. (a) The Secretary of the Army, acting through 
the Chief of Engineers, is authorized and directed to transfer 
the unexpended balance of funds appropriated in Fiscal Years 
2003 and 2004 for the Duck River Water Supply Infrastructure 
Project, Cullman, Alabama, to the Appalachian Regional 
Commission.
      (b) Funds transferred pursuant to subsection (a) of this 
section may be used for planning, engineering, and construction 
activities on the Duck River Water Supply Infrastructure 
Project under the Memorandum of Agreement between the 
Appalachian Regional Commission and the Army Corps of Engineers 
and may be used to reimburse the City of Cullman, Alabama for 
expenses incurred by the City for planning and environmental 
work associated with the Project.
      Sec. 123. With the funds previously provided under the 
account heading ``Flood Control and Coastal Emergencies'', the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to provide assistance to Yakutat, Alaska Dam.
      Sec. 124. The Secretary of the Army, acting through the 
Chief of Engineers, shall not implement changes to existing 
shoreline protection policies that have not been specifically 
authorized by Congress.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

    For carrying out activities authorized by the Central Utah 
Project Completion Act, $46,275,000, to remain available until 
expended, of which $15,469,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account for use by the 
Utah Reclamation Mitigation and Conservation Commission.
    In addition, for necessary expenses incurred in carrying 
out related responsibilities of the Secretary of the Interior, 
$1,734,000, to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFER OF FUNDS)

    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance, and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $859,481,000, to 
remain available until expended, of which $53,299,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $33,794,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; of which not more than $500,000 is for high priority 
projects which shall be carried out by the Youth Conservation 
Corps, as authorized by 16 U.S.C. 1706: Provided further, That 
such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities can be 
financed by the Reclamation Fund or the Bureau of Reclamation 
special fee account established by 16 U.S.C. 460l-6a(i) shall 
be derived from that Fund or account: Provided further, That 
funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided 
further, That $250,000 is provided under the Weber Basin 
project for the Park City, Utah feasibility study: Provided 
further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: 
Provided further, That funds available for expenditure for the 
Departmental Irrigation Drainage Program may be expended by the 
Bureau of Reclamation for site remediation on a non-
reimbursable basis.

                CENTRAL VALLEY PROJECT RESTORATION FUND

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $54,695,000, to be 
derived from such sums as may be collected in the Central 
Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
remain available until expended: Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102-575: Provided 
further, That none of the funds made available under this 
heading may be used for the acquisition or leasing of water for 
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.

                       POLICY AND ADMINISTRATION

    For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the Denver 
office, and offices in the five regions of the Bureau of 
Reclamation, to remain available until expended, $58,153,000 to 
be derived from the Reclamation Fund and be nonreimbursable as 
provided in 43 U.S.C. 377: Provided, That no part of any other 
appropriation in this Act shall be available for activities or 
functions budgeted as policy and administration expenses.

                       ADMINSITRATIVE PROVISIONS

    Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed 14 passenger motor 
vehicles, of which 11 are for replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to 
minimize any detrimental effect of the San Luis drainage 
waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable 
or nonreimbursable and collected until fully repaid pursuant to 
the ``Cleanup Program-Alternative Repayment Plan'' and the 
``SJVDP-Alternative Repayment Plan'' described in the report 
entitled ``Repayment Report, Kesterson Reservoir Cleanup 
Program and San Joaquin Valley Drainage Program, February 
1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United 
States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water 
in the Middle Rio Grande or the Carlsbad Projects in New Mexico 
unless said purchase or lease is in compliance with the 
purchase requirements of section 202 of Public Law 106-60.
    Sec. 203. Lower Colorado River Basin Development. (a) In 
General.--Notwithstanding section 403(f) of the Colorado River 
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower 
Colorado River Basin Development Fund shall be paid to the 
general fund of the Treasury until each provision of the 
revised Stipulation Regarding a Stay and for Ultimate Judgment 
Upon the Satisfaction of Conditions, filed in United States 
District Court on April 24, 2003, in Central Arizona Water 
Conservation District v. United States (No. CIV 95-625-TUC-WDB 
(EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any 
amendment or revision thereof, is met.
    (b) Payment to General Fund.--If any of the provisions of 
the stipulation referred to in subsection (a) are not met by 
the date that is 10 years after the date of enactment of this 
Act, payments to the general fund of the Treasury shall resume 
in accordance with section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)).
    (c) Authorization.--Amounts in the Lower Colorado River 
Basin Development Fund that but for this section would be 
returned to the general fund of the Treasury shall not be 
expended until further Act of Congress.
    Sec. 204. Funds under this title for Drought Emergency 
Assistance shall be made available primarily for leasing of 
water for specified drought related purposes from willing 
lessors, in compliance with existing State laws and 
administered under State water priority allocation. Such leases 
may be entered into with an option to purchase: Provided, That 
such purchase is approved by the State in which the purchase 
takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 205. (a) Notwithstanding any other provision of law 
and hereafter, the Secretary of the Interior, acting through 
the Commissioner of the Bureau of Reclamation, may not obligate 
funds, and may not use discretion, if any, to restrict, reduce 
or reallocate any water stored in Heron Reservoir or delivered 
pursuant to San Juan-Chama Project contracts, including 
execution of said contracts facilitated by the Middle Rio 
Grande Project, to meet the requirements of the Endangered 
Species Act, unless such water is acquired or otherwise made 
available from a willing seller or lessor and the use is in 
compliance with the laws of the State of New Mexico, including 
but not limited to, permitting requirements.
    (b) Complying with the reasonable and prudent alternatives 
and the incidental take limits defined in the Biological 
Opinion released by the United States Fish and Wildlife Service 
dated March 17, 2003 combined with efforts carried out pursuant 
to Public Law 106-377, Public Law 107-66, and Public Law 108-7 
fully meet all requirements of the Endangered Species Act (16 
U.S.C. 1531 et seq.) for the conservation of the Rio Grande 
Silvery Minnow (Hybognathus amarus) and the Southwestern Willow 
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande 
in New Mexico.
    (c) This section applies only to those Federal agency and 
non-Federal actions addressed in the March 17, 2003 Biological 
Opinion.
    (d) Subsection (b) will remain in effect until March 16, 
2013.
    Sec. 206. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to 
enter into grants, cooperative agreements, and other agreements 
with irrigation or water districts and States to fund up to 50 
percent of the cost of planning, designing, and constructing 
improvements that will conserve water, increase water use 
efficiency, or enhance water management through measurement or 
automation, at existing water supply projects within the states 
identified in the Act of June 17, 1902, as amended, and 
supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in 
advance on a non-reimbursable basis to an entity operating 
affected transferred works or may be deemed non-reimbursable 
for non-transferred works: Provided further, That the 
calculation of the non-Federal contribution shall provide for 
consideration of the value of any in-kind contributions, but 
shall not include funds received from other Federal agencies: 
Provided further, That the cost of operating and maintaining 
such improvements shall be the responsibility of the non-
Federal entity: Provided further, That this section shall not 
supercede any existing project-specific funding authority: 
Provided further, That the Secretary is also authorized to 
enter into grants or cooperative agreements with universities 
or non-profit research institutions to fund water use 
efficiency research.
    Sec. 207. Animas-La Plata Non-Indian Sponsor Obligations. 
In accordance with the nontribal repayment obligation specified 
in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights 
Settlement Act of 1988 (Public Law 100-585), as amended by the 
Colorado Ute Settlement Act Amendments of 2000 (Public Law 106-
554), the reimbursable cost upon which the cost allocation 
shall be based shall not exceed $43,000,000, plus interest 
during construction for those parties not utilizing the up 
front payment option, of the first $500,000,000 (January 2003 
price level) of the total project costs. Consequently, the 
Secretary may forgive the obligation of the non-Indian sponsors 
relative to the $163,000,000 increase in estimated total 
project costs that occurred in 2003.
    Sec. 208. Montana Water Contracts Extension. (a) Authority 
To Extend.--The Secretary of the Interior may extend each of 
the water contracts listed in subsection (b) until the earlier 
of--
            (1) the expiration of the 2-year period beginning 
        on the date on which the contract would expire but for 
        this section; or
            (2) the date on which a new long-term water 
        contract is executed by the parties to the contract 
        listed in subsection (b).
    (b) Extended Contracts.--The water contracts referred to in 
subsection (a) are the following:
            (1) Contract Number 14-06-600-2078, as amended, for 
        purchase of water between the United States of America 
        and the City of Helena, Montana.
            (2) Contract Number 14-06-600-2079, as amended, 
        between the United States of America and the Helena 
        Valley Irrigation District for water service.
            (3) Contract Number 14-06-600-8734, as amended, 
        between the United States of America and the Toston 
        Irrigation District for water service.
            (4) Contract Number 14-06-600-3592, as amended, 
        between the United States and the Clark Canyon Water 
        Supply Company, Inc., for water service and for a 
        supplemental supply.
            (5) Contract Number 14-06-600-3593, as amended, 
        between the United States and the East Bench Irrigation 
        District for water service.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, 
and other expenses necessary for energy supply activities in 
carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 9 passenger motor 
vehicles for replacement only, and one ambulance, $946,272,000, 
to remain available until expended.

                Non-Defense Site Acceleration Completion

      For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and capital 
equipment and other expenses necessary for non-defense 
environmental management site acceleration completion 
activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $151,850,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions, 
and other activities of title II of the Atomic Energy Act of 
1954, as amended, and title X, subtitle A, of the Energy Policy 
Act of 1992, $499,007,000, to be derived from the Fund, to 
remain available until expended, of which $80,000,000 shall be 
available in accordance with title X, subtitle A, of the Energy 
Policy Act of 1992.

                   Non-Defense Environmental Services

      For Department of Energy expenses necessary for non-
defense environmental services activities that indirectly 
support the accelerated cleanup and closure mission at 
environmental management sites, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other necessary expenses, $291,296,000, to remain available 
until expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, 
and other expenses necessary for science activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, and purchase 
of not to exceed four passenger motor vehicles for replacement 
only, including not to exceed one ambulance, $3,628,902,000, to 
remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $346,000,000, to remain available until expended: 
Provided, That of the funds made available in this Act for 
Nuclear Waste Disposal, $2,000,000 shall be provided to the 
State of Nevada solely for expenditures, other than salaries 
and expenses of State employees, to conduct scientific 
oversight responsibilities and participate in licensing 
activities pursuant to the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended: Provided further, That 
$8,000,000 shall be provided to affected units of local 
governments, as defined in Public Law 97-425, to conduct 
scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, 
That the distribution of the funds as determined by the units 
of local government shall be approved by the Department of 
Energy: Provided further, That the funds for the State of 
Nevada shall be made available solely to the Nevada Division of 
Emergency Management by direct payment and units of local 
government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the Nevada 
Division of Emergency Management and the Governor of the State 
of Nevada and each local entity shall provide certification to 
the Department of Energy that all funds expended from such 
payments have been expended for activities authorized by Public 
Law 97-425 and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be 
prohibited from any further funding provided for similar 
activities: Provided further, That none of the funds herein 
appropriated may be: (1) used directly or indirectly to 
influence legislative action on any matter pending before 
Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions 
contained in this Act: Provided further, That all proceeds and 
recoveries realized by the Secretary in carrying out activities 
authorized by the Nuclear Waste Policy Act of 1982, Public Law 
97-425, as amended, including but not limited to, any proceeds 
from the sale of assets, shall be available without further 
appropriation and shall remain available until expended.

                      Departmental Administration

                     (INCLUDING TRANSFER OF FUNDS)

    For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the hire of passenger motor 
vehicles and official reception and representation expenses 
(not to exceed $35,000), $240,426,000, to remain available 
until expended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in 
costof work are offset by revenue increases of the same or 
greater amount, to remain available until expended: Provided further, 
That moneys received by the Department for miscellaneous revenues 
estimated to total $122,000,000 in fiscal year 2005 may be retained and 
used for operating expenses within this account, and may remain 
available until expended, as authorized by section 201 of Public Law 
95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of miscellaneous revenues received during fiscal year 2005, and 
any related unappropriated receipt account balances remaining from 
prior years' miscellaneous revenues, so as to result in a final fiscal 
year 2005 appropriation from the general fund estimated at not more 
than $118,426,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $41,508,000, to remain available until 
expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                     (INCLUDING TRANSFER OF FUNDS)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other incidental expenses necessary for atomic energy 
defense weapons activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of not to exceed 
19 passenger motor vehicles, for replacement only, including 
not to exceed two buses; $6,226,471,000, together with 
$300,000,000 to be derived by transfer from the Department of 
Defense, to remain available until expended: Provided, That the 
Secretary of Defense shall reduce proportionately each program, 
project, and activity funded by appropriations in titles I 
through VI of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287) to fund this transfer: Provided 
further, That $91,100,000 is authorized to be appropriated for 
Project 01-D-108, Microsystems and engineering sciences 
applications (MESA), Sandia National Laboratories, Albuquerque, 
New Mexico: Provided further, That $40,000,000 is authorized to 
be appropriated for Project 04-D-125, chemistry and metallurgy 
facility replacement project, Los Alamos Laboratory, Los 
Alamos, New Mexico: Provided further, That $1,500,000 is 
authorized to be appropriated for Project 04-D-103, Project 
engineering and design (PED), various locations: Provided 
further, That a plant or construction project for which amounts 
are made available under this heading but not exclusive to the 
Atomic Energy Defense Weapons Activities account, with a 
current estimated cost of less than $10,000,000 is considered 
for purposes of section 3622 of Public Law 107-314 as a plant 
project for which the approved total estimated cost does not 
exceed the minor construction threshold and for purposes of 
section 3623 of Public Law 107-314 as a construction project 
with a current estimated cost of less than the minor 
construction threshold.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense, 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,420,397,000, to 
remain available until expended.

                             Naval Reactors

      For Department of Energy expenses necessary for naval 
reactors activities to carry out the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition (by purchase, condemnation, construction, or 
otherwise) of real property, plant, and capital equipment, 
facilities, and facility expansion, $807,900,000, to remain 
available until expended.

                      Office of the Administrator

      For necessary expenses of the Office of the Administrator 
in the National Nuclear Security Administration, including 
official reception and representation expenses (not to exceed 
$12,000), $356,200,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

      For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and capital 
equipment and other expenses necessary for atomic energy 
defense site acceleration completion activities in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $6,096,429,000, to 
remain available until expended.

                     Defense Environmental Services

      For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly 
support the accelerated cleanup and closure mission at 
environmental management sites, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other necessary expenses, and the purchase of not to exceed 
three ambulances for replacement only, $937,976,000, to remain 
available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses, necessary for atomic energy defense, other 
defense activities, and classified activities, in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $692,691,000, to 
remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $231,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
official reception and representation expenses in an amount not 
to exceed $1,500. During fiscal year 2005, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, including transmission wheeling and ancillary 
services, pursuant to the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $5,200,000, to remain available until 
expended: Provided, That notwithstanding the provisions of 31 
U.S.C. 3302, up to $34,000,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act of 1944 
to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, for construction and acquisition of transmission 
lines, substations and appurtenant facilities, and for 
administrative expenses, including official reception and 
representation expenses in an amount not to exceed $1,500 in 
carrying out the provisions of section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $29,352,000, to remain available until expended: 
Provided, That, notwithstanding the provisions of 31 U.S.C. 
3302, up to $2,900,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to recover 
purchase power and wheeling expenses shall be credited to this 
account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and 
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 
3302, beginning in fiscal year 2005 and thereafter, such funds 
as are received by the Southwestern Power Administration from 
any State, municipality, corporation, association, firm, 
district, or individual as advance payment for work that is 
associated with Southwestern's transmission facilities, 
consistent with that authorized in section 5 of the Flood 
Control Act, shall be credited to this account and be available 
until expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation and 
renewable resources programs as authorized, including official 
reception and representation expenses in an amount not to 
exceed $1,500; $173,100,000, to remain available until 
expended, of which $167,236,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $10,000,000 shall be available 
until expended on a nonreimbursable basis to the Western Area 
Power Administration to design, construct, operate and maintain 
transmission facilities and services for the Animas-LaPlata 
Project as authorized by section 301(b)(10) of Public Law 106-
554: Provided further, That of the amount herein appropriated, 
$6,200,000 is for deposit into the Utah Reclamation Mitigation 
and Conservation Account pursuant to title IV of the 
Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That of the amount herein appropriated, 
$6,000,000 shall be available until expended on a 
nonreimbursable basis to the Western Area Power Administration 
for Topock-Davis-Mead Transmission Line Upgrades: Provided 
further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $227,600,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and 
the Reclamation Project Act of 1939 to recover purchase power 
and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, 
$2,827,000, to remain available until expended, and to be 
derived from the Falcon and Amistad Operating and Maintenance 
Fund of the Western Area Power Administration, as provided in 
section 423 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including 
services as authorized by 5 U.S.C. 3109, the hire of passenger 
motor vehicles, and official reception and representation 
expenses (not to exceed $3,000), $210,000,000, to remain 
available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $210,000,000 of revenues 
from fees and annual charges, and other services and 
collections in fiscal year 2005 shall be retained and used for 
necessary expenses in this account, and shall remain available 
until expended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as revenues 
are received during fiscal year 2005 so as to result in a final 
fiscal year 2005 appropriation from the general fund estimated 
at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

      Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2005 or any previous fiscal 
year may be used to make payments for a noncompetitive 
management and operating contract unless the Secretary of 
Energy has published in the Federal Register and submitted to 
the Committees on Appropriations of the House of 
Representatives and the Senate a written notification, with 
respect to each such contract, of the Secretary's decision to 
use competitive procedures for the award of the contract, or to 
not renew the contract, when the term of the contract expires.
      (2) Paragraph (1) does not apply to an extension for up 
to two years of a noncompetitive management and operating 
contract, if the extension is for purposes of allowing time to 
award competitively a new contract, to provide continuity of 
service between contracts, or to complete a contract that will 
not be renewed.
      (b) In this section:
            (1) The term ``noncompetitive management and 
        operating contract'' means a contract that was awarded 
        more than 50 years ago without competition for the 
        management and operation of Ames Laboratory, Argonne 
        National Laboratory, Lawrence Berkeley National 
        Laboratory, Lawrence Livermore National Laboratory, and 
        Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the 
        meaning provided in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403) and includes 
        procedures described in section 303 of the Federal 
        Property and Administrative Services Act of 1949 (41 
        U.S.C. 253) other than a procedure that solicits a 
        proposal from only one source.
    (c) For all management and operating contracts other than 
those listed in subsection (b)(1), none of the funds 
appropriated by this Act may be used to award a management and 
operating contract, or award a significant extension or 
expansion to an existing management and operating contract, 
unless such contract is awarded using competitive procedures or 
the Secretary of Energy grants, on a case-by-case basis, a 
waiver to allow for such a deviation. The Secretary may not 
delegate the authority to grant such a waiver. At least 60 days 
before a contract award for which the Secretary intends to 
grant such a waiver, the Secretary shall submit to the 
Committees on Appropriations of the House of Representatives 
and the Senate a report notifying the Committees of the waiver 
and setting forth, in specificity, the substantive reasons why 
the Secretary believes the requirement for competition should 
be waived for this particular award.
    Sec. 302. None of the funds appropriated by this Act may be 
used to--
            (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or
            (2) provide enhanced severance payments or other 
        benefits for employees of the Department of Energy, 
        under section 3161 of the National Defense 
        Authorization Act for Fiscal Year 1993 (Public Law 102-
        484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be 
used to augment the funds made available for obligation by this 
Act for severance payments and other benefits and community 
assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 
U.S.C. 7274h) unless the Department of Energy submits a 
reprogramming request subject to approval by the appropriate 
congressional committees.
      Sec. 304. None of the funds appropriated by this Act may 
be used to prepare or initiate Requests For Proposals (RFPs) 
for a program if the program has not been funded by Congress.

                   (TRANSFERS OF UNEXPENDED BALANCES)

      Sec. 305. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pursuant 
to this title. Balances so transferred may be merged with funds 
in the applicable established accounts and thereafter may be 
accounted for as one fund for the same time period as 
originally enacted.
      Sec. 306. None of the funds in this or any other Act for 
the Administrator of the Bonneville Power Administration may be 
used to enter into any agreement to perform energy efficiency 
services outside the legally defined Bonneville service 
territory, with the exception of services provided 
internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies in advance that such 
services are not available from private sector businesses.
      Sec. 307. When the Department of Energy makes a user 
facility available to universities or other potential users, or 
seeks input from universities or other potential users 
regarding significant characteristics or equipment in a user 
facility or a proposed user facility, the Department shall 
ensure broad public notice of such availability or such need 
for input to universities and other potential users. When the 
Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department 
shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user 
facility'' includes, but is not limited to: (1) a user facility 
as described in section 2203(a)(2) of the Energy Policy Act of 
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security 
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility.
      Sec. 308. The Administrator of the National Nuclear 
Security Administration may authorize the manager of a covered 
nuclear weapons research, development, testing or production 
facility to engage in research, development, and demonstration 
activities with respect to the engineering and manufacturing 
capabilities at such facility in order to maintain and enhance 
such capabilities at such facility: Provided, That of the 
amount allocated to a covered nuclear weapons facility each 
fiscal year from amounts available to the Department of Energy 
for such fiscal year for national security programs, not more 
than an amount equal to 2 percent of such amount may be used 
for these activities: Provided further, That for purposes of 
this section, the term ``covered nuclear weapons facility'' 
means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas;
            (4) the Savannah River Plant, South Carolina; and
            (5) the Nevada Test Site.
    Sec. 309. Funds appropriated by this or any other Act, or 
made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2005 until the enactment of the Intelligence Authorization 
Act for fiscal year 2005.
    Sec. 310. (a) The Secretary of Energy was directed to file 
a permit modification to the Waste Analysis Plan (WAP) and 
associated provisions contained in the Hazardous Waste Facility 
Permit for the Waste Isolation Pilot Plant (WIPP). For purposes 
of determining hereafter compliance of the modifications to the 
WAP with the hazardous waste analysis requirements of the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.), or other 
applicable laws waste confirmation for all waste received for 
storage and disposal shall be limited to: (1) confirmation that 
the waste contains no ignitable, corrosive, or reactive waste 
through the use of either radiography or visual examination of 
a statistically representative subpopulation of the waste; and 
(2) review of the Waste Stream Profile Form to verify that the 
waste contains no ignitable, corrosive, or reactive waste and 
that assigned Environmental Protection Agency hazardous waste 
numbers are allowed for storage and disposal by the WIPP 
Hazardous Waste Facility Permit.
    (b) Compliance with the disposal room performance standards 
of the WAP hereafter shall be demonstrated exclusively by 
monitoring airborne volatile organic compounds in underground 
disposal rooms in which waste has been emplaced until panel 
closure.
    Sec. 311. Section 3113 of Public Law 102-486 (42 U.S.C. 
2297h-11) is amended by adding a new paragraph (4) to 
subsection (a), as follows:
            ``(4) In the event that a licensee requests the 
        Secretary to accept for disposal depleted uranium 
        pursuant to this subsection, the Secretary shall be 
        required to take title to and possession of such 
        depleted uranium at an existing DUF6 storage 
        facility.''.
    Sec. 312. The Department of Energy may use the funds 
appropriated by this Act to undertake any procurement action 
necessary to achieve its small business contracting goals set 
forth in Section (g) of the Small Business Act, 15 U.S.C. 
Sec. 644(g): Provided, That, none of the funds appropriated by 
this Act may be used by the Department of Energy for 
procurement actions resulting from the break-out of 
requirements from current facility management and operating 
contracts unless, consistent with requirements of Subpart 19.4 
of the Federal Acquisition Regulation, the Secretary of Energy 
or his duly authorized designee formally requests, considers, 
and renders an appropriate decision on the views of the Small 
Business Administration Breakout Procurement Center 
Representative or the Representative's duly authorized designee 
concerning cost effectiveness, mission performance, security, 
safety, small business participation, and other legitimate 
acquisition objectives of procurement actions at issue. No 
later than April 1, 2005, the Secretary of Energy shall submit 
a report to the Comptroller General and to Congress discussing 
the Secretary's plans required by Section 15(h) of the Small 
Business Act, 15 U.S.C. Sec. 644(h), for meeting the 
Department's statutory small business contracting goals while 
taking into account other legitimate acquisition objectives. In 
preparing the report, the Secretary shall request and consider 
the views of the Administrator of the Small Business 
Administration and the Director of the Office of Small and 
Disadvantaged Business Utilization of the Department of Energy. 
The report shall discuss the Department's policies and 
activities concerning break-outs of procurement requirements 
from current management and operating contracts, consistent 
with requirements of this Act, Section 15(h) of the Small 
Business Act, and Subpart 19.4 of the Federal Acquisition 
Regulations.
    Sec. 313. None of the funds appropriated by this Act may be 
used by the Department of Energy to require its management and 
operating contractors to perform contract management, 
oversight, or administration functions prohibited by Section 
7.503 of the Federal Acquisition Regulation in connection with 
any small business prime contract awarded by the Department of 
Energy.
    Sec. 314. None of the funds in this Act may be used to 
dispose of transuranic waste in the Waste Isolation Pilot Plant 
which contains concentrations of plutonium in excess of 20 
percent by weight for the aggregate of any material category on 
the date of enactment of this Act, or is generated after such 
date. For the purpose of this section, the material categories 
of transuranic waste at the Rocky Flats Environmental 
Technology Site include: (1) ash residues; (2) salt residue; 
(3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact 
Statement on Management of Certain Plutonium Residues and Scrub 
Alloy Stored at the Rocky Flats Environmental Technology 
Site''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as 
amended, for necessary expenses for the Federal Co-Chairman and 
the alternate on the Appalachian Regional Commission, for 
payment of the Federal share of the administrative expenses of 
the Commission, including services as authorized by 5 U.S.C. 
3109, and hire of passenger motor vehicles, $66,000,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         SALARIES AND EXPENSES

    For necessary expenses of the Defense Nuclear Facilities 
Safety Board in carrying out activities authorized by the 
Atomic Energy Act of 1954, as amended by Public Law 100-456, 
section 1441, $20,268,000, to remain available until expended.

                        Delta Regional Authority

                         SALARIES AND EXPENSES

    For necessary expenses of the Delta Regional Authority and 
to carry out its activities, as authorized by the Delta 
Regional Authority Act of 2000, as amended, notwithstanding 
sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
$6,048,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $67,000,000 
nothwithstanding the limitations contained in section 306(g) of 
the Denali Commission Act of 1998, $2,500,000, to remain 
available until expended: Provided, That of the amounts 
provided to the Denali Commission, $5,000,000 is for community 
showers and washeteria in villages with homes with no running 
water; $13,000,000 is for the Juneau/Green's Creek/Hoonah 
Intertie project; $3,200,000 is for the Swan Lake/Tyee Intertie 
project; $5,000,000 is for multi-purpose community facilities 
including the Bering Straits Region, Dillingham, Moose Pass, 
Sterling, Funny River, Eclutna, and Anchor Point; $10,000,000 
is for teacher housing in remote villages such as Savoogna, 
Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby where there 
is limited housing available for teachers; $10,000,000 is for 
facilities serving Native elders and senior citizens; and 
$5,000,000 is for (1) the Rural Communications service to 
provide broadcast facilities in communities with no television 
or radio station, (2) the Public Broadcasting Digital 
Distribution Network to link rural broadcasting facilities 
together to improve economies of scale, share programming, and 
reduce operating costs and (3) rural public broadcasting 
facilities and equipment upgrades.

                     Nuclear Regulatory Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Commission in carrying out 
the purposes of the Energy Reorganization Act of 1974, as 
amended, and the Atomic Energy Act of 1954, as amended, 
including official representation expenses (not to exceed 
$15,000), and purchase of promotional items for use in the 
recruitment of individuals for employment, $662,777,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $69,050,000 shall be derived from the 
Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $534,354,000 in fiscal year 2005 shall 
be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues 
received during fiscal year 2005 so as to result in a final 
fiscal year 2005 appropriation estimated at not more than 
$128,423,000.

                      Office of Inspector General

      For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $7,518,000, to remain available until 
expended: Provided, That revenues from licensing fees, 
inspection services, and other services and collections 
estimated at $6,766,200 in fiscal year 2005 shall be retained 
and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: 
Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 
2005 so as to result in a final fiscal year 2005 appropriation 
estimated at not more than $751,800.

                  Nuclear Waste Technical Review Board

                         SALARIES AND EXPENSES

    For necessary expenses of the Nuclear Waste Technical 
Review Board, as authorized by Public Law 100-203, section 
5051, $3,177,000, to be derived from the Nuclear Waste Fund, 
and to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be 
used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.
    Sec. 502. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 503. None of the funds made available in this Act may 
be used to deny requests for the public release of documents or 
evidence obtained through or in the Western Energy Markets: 
Enron Investigation (Docket No. PA02-2), the California Refund 
case (Docket No. EL00-95), the Anomalous Bidding Investigation 
(Docket No. IN03-10), or the Physical Withholding 
Investigation.
    Sec. 504. Extension of Prohibition of Oil and Gas Drilling 
in the Great Lakes. Section 503 of the Energy and Water 
Development Appropriations Act, 2002, (115 Stat. 512), as 
amended, is amended by striking ``2005'' and inserting in lieu 
thereof ``2007''.
    Sec. 505. The Secretary of the Army is hereby authorized, 
without further appropriation, to transfer and advance funds to 
the Administrator of the Bonneville Power Administration for 
the purposes necessary to carry out joint activities in 
connection with Section 2406 of the Energy Policy Act of 1992.
    Sec. 506. Voting Method for Delta Regional Authority. 
Section 382B(c)(1) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa-1(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``2004'' and 
        inserting ``2008''; and
            (2) in subparagraph (B), by striking ``2005'' and 
        inserting ``2009''.

  TITLE VI--REFORM OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY 
                               AUTHORITY

SEC. 601. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF 
                    DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.

    The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 
et seq.) is amended by striking section 2 and inserting the 
following:

``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.

    ``(a) Membership.--
            ``(1) Appointment.--The Board of Directors of the 
        Corporation (referred to in this Act as the `Board') 
        shall be composed of 9 members appointed by the 
        President by and with the advice and consent of the 
        Senate, at least 7 of whom shall be a legal resident of 
        the service area of the Corporation.
            ``(2) Chairman.--The members of the Board shall 
        select 1 of the members to act as chairman of the 
        Board.
    ``(b) Qualifications.--To be eligible to be appointed as a 
member of the Board, an individual--
            ``(1) shall be a citizen of the United States;
            ``(2) shall have management expertise relative to a 
        large for-profit or nonprofit corporate, government, or 
        academic structure;
            ``(3) shall not be an employee of the Corporation;
            ``(4) shall make full disclosure to Congress of any 
        investment or other financial interest that the 
        individual holds in the energy industry; and
            ``(5) shall affirm support for the objectives and 
        missions of the Corporation, including being a national 
        leader in technological innovation, low-cost power, and 
        environmental stewardship.
    ``(c) Recommendations.--In appointing members of the Board, 
the President shall--
            ``(1) consider recommendations from such public 
        officials as--
                    ``(A) the Governors of States in the 
                service area;
                    ``(B) individual citizens;
                    ``(C) business, industrial, labor, electric 
                power distribution, environmental, civic, and 
                service organizations; and
                    ``(D) the congressional delegations of the 
                States in the service area; and
            ``(2) seek qualified members from among persons who 
        reflect the diversity, including the geographical 
        diversity, and needs of the service area of the 
        Corporation.
    ``(d) Terms.--
            ``(1) In general.--A member of the Board shall 
        serve a term of 5 years. A member of the Board whose 
        term has expired may continue to serve after the 
        member's term has expired until the date on which a 
        successor takes office, except that the member shall 
        not serve beyond the end of the session of Congress in 
        which the term of the member expires.
            ``(2) Vacancies.--A member appointed to fill a 
        vacancy on the Board occurring before the expiration of 
        the term for which the predecessor of the member was 
        appointed shall be appointed for the remainder of that 
        term.
    ``(e) Quorum.--
            ``(1) In general.--Five of the members of the Board 
        shall constitute a quorum for the transaction of 
        business.
            ``(2) Vacancies.--A vacancy on the Board shall not 
        impair the power of the Board to act.
    ``(f) Compensation.--
            ``(1) In general.--A member of the Board shall be 
        entitled to receive--
                    ``(A) a stipend of--
                            ``(i) $45,000 per year; or
                            ``(ii)(I) in the case of the 
                        chairman of any committee of the Board 
                        created by the Board, $46,000 per year; 
                        or
                            ``(II) in the case of the chairman 
                        of the Board, $50,000 per year; and
                    ``(B) travel expenses, including per diem 
                in lieu of subsistence, in the same manner as 
                persons employed intermittently in Government 
                service under section 5703 of title 5, United 
                States Code.
            ``(2) Adjustments in stipends.--The amount of the 
        stipend under paragraph (1)(A)(i) shall be adjusted by 
        the same percentage, at the same time and manner, and 
        subject to the same limitations as are applicable to 
        adjustments under section 5318 of title 5, United 
        States Code.
    ``(g) Duties.--
            ``(1) In general.--The Board shall--
                    ``(A) establish the broad goals, 
                objectives, and policies of the Corporation 
                that are appropriate to carry out this Act;
                    ``(B) develop long-range plans to guide the 
                Corporation in achieving the goals, objectives, 
                and policies of the Corporation and provide 
                assistance to the chief executive officer to 
                achieve those goals, objectives, and policies;
                    ``(C) ensure that those goals, objectives, 
                and policies are achieved;
                    ``(D) approve an annual budget for the 
                Corporation;
                    ``(E) adopt and submit to Congress a 
                conflict-of-interest policy applicable to 
                members of the Board and employees of the 
                Corporation;
                    ``(F) establish a compensation plan for 
                employees of the Corporation in accordance with 
                subsection (i);
                    ``(G) approve all compensation (including 
                salary or any other pay, bonuses, benefits, 
                incentives, and any other form of remuneration) 
                of all managers and technical personnel that 
                report directly to the chief executive officer 
                (including any adjustment to compensation);
                    ``(H) ensure that all activities of the 
                Corporation are carried out in compliance with 
                applicable law;
                    ``(I) create an audit committee, composed 
                solely of Board members independent of the 
                management of the Corporation, which shall--
                            ``(i) in consultation with the 
                        inspector general of the Corporation, 
                        recommend to the Board an external 
                        auditor;
                            ``(ii) receive and review reports 
                        from the external auditor of the 
                        Corporation and inspector general of 
                        the Corporation; and
                            ``(iii) make such recommendations 
                        to the Board as the audit committee 
                        considers necessary;
                    ``(J) create such other committees of Board 
                members as the Board considers to be 
                appropriate;
                    ``(K) conduct such public hearings as it 
                deems appropriate on issues that could have a 
                substantial effect on--
                            ``(i) the electric ratepayers in 
                        the service area; or
                            ``(ii) the economic, environmental, 
                        social, or physical well-being of the 
                        people of the service area;
                    ``(L) establish the electricity rates 
                charged by the Corporation; and
                    ``(M) engage the services of an external 
                auditor for the Corporation.
            ``(2) Meetings.--The Board shall meet at least 4 
        times each year.
    ``(h) Chief Executive Officer.--
            ``(1) Appointment.--The Board shall appoint a 
        person to serve as chief executive officer of the 
        Corporation.
            ``(2) Qualifications.--
                    ``(A) In general.--To serve as chief 
                executive officer of the Corporation, a 
                person--
                            ``(i) shall have senior executive-
                        level management experience in large, 
                        complex organizations;
                            ``(ii) shall not be a current 
                        member of the Board or have served as a 
                        member of the Board within 2 years 
                        before being appointed chief executive 
                        officer; and
                            ``(iii) shall comply with the 
                        conflict-of-interest policy adopted by 
                        the Board.
                    ``(B) Expertise.--In appointing a chief 
                executive officer, the Board shall give 
                particular consideration to appointing an 
                individual with expertise in the electric 
                industry and with strong financial skills.
            ``(3) Tenure.--The chief executive officer shall 
        serve at the pleasure of the Board.
    ``(i) Compensation Plan.--
            ``(1) In general.--The Board shall approve a 
        compensation plan that specifies all compensation 
        (including salary or any other pay, bonuses, benefits, 
        incentives, and any other form of remuneration) for the 
        chief executive officer and employees of the 
        Corporation.
            ``(2) Annual survey.--The compensation plan shall 
        be based on an annual survey of the prevailing 
        compensation for similar positions in private industry, 
        including engineering and electric utility companies, 
        publicly owned electric utilities, and Federal, State, 
        and local governments.
            ``(3) Considerations.--The compensation plan shall 
        provide that education, experience, level of 
        responsibility, geographic differences, and retention 
        and recruitment needs will be taken into account in 
        determining compensation of employees.
            ``(4) Positions at or below level iv.--The chief 
        executive officer shall determine the salary and 
        benefits of employees whose annual salary is not 
        greater than the annual rate payable for positions at 
        level IV of the Executive Schedule under section 5315 
        of title 5, United States Code.
            ``(5) Positions above level iv.--On the 
        recommendation of the chief executive officer, the 
        Board shall approve the salaries of employees whose 
        annual salaries would be in excess of the annual rate 
        payable for positions at level IV of the Executive 
        Schedule under section 5315 of title 5, United States 
        Code.''.

SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.

    Section 3 of the Tennessee Valley Authority Act of 1933 (16 
U.S.C. 831b) is amended--
            (1) by striking the first undesignated paragraph 
        and inserting the following:
    ``(a) Appointment by the Chief Executive Officer.--The 
chief executive officer shall appoint, with the advice and 
consent of the Board, and without regard to the provisions of 
the civil service laws applicable to officers and employees of 
the United States, such managers, assistant managers, officers, 
employees, attorneys, and agents as are necessary for the 
transaction of the business of the Corporation.''; and
            (2) by striking ``All contracts'' and inserting the 
        following:
    ``(b) Wage Rates.--All contracts''.

SEC. 603. CONFORMING AMENDMENTS.

    (a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 
831 et seq.) is amended--
            (1) by striking ``board of directors'' each place 
        it appears and inserting ``Board of Directors''; and
            (2) by striking ``board'' each place it appears and 
        inserting ``Board''.
    (b) Section 9 of the Tennessee Valley Authority Act of 1933 
(16 U.S.C. 831h) is amended--
            (1) by striking ``The Comptroller General of the 
        United States shall audit'' and inserting the 
        following:
    ``(c) Audits.--The Comptroller General of the United States 
shall audit''; and
            (2) by striking ``The Corporation shall determine'' 
        and inserting the following:
    ``(d) Administrative Accounts and Business Documents.--The 
Corporation shall determine''.
    (c) Title 5, United States Code, is amended--
            (1) in section 5314, by striking ``Chairman, Board 
        of Directors of the Tennessee Valley Authority.''; and
            (2) in section 5315, by striking ``Members, Board 
        of Directors of the Tennessee Valley Authority.''.

SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION.

    (a) Appointments.--
            (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the President shall 
        submit to the Senate nominations of 6 persons to serve 
        as members of the Board of Directors of the Tennessee 
        Valley Authority in addition to the members serving on 
        the date of enactment of this Act.
            (2) Initial terms.--Notwithstanding section 2(d) of 
        the Tennessee Valley Authority Act of 1933 (as amended 
        by this title), in making the appointments under 
        paragraph (1), the President shall appoint--
                    (A) 2 members for a term to expire on May 
                18, 2007;
                    (B) 2 members for a term to expire on May 
                18, 2009; and
                    (C) 2 members for a term to expire on May 
                18, 2011.
    (b) Effective Date.--The amendments made by this title take 
effect on the later of--
            (1) the date on which at least 3 persons nominated 
        under subsection (a) take office; or
            (2) May 18, 2005.
    (c) Selection of Chairman.--The Board of Directors of the 
Tennessee Valley Authority shall select 1 of the members to act 
as chairman of the Board not later than 30 days after the 
effective date specified in subsection (b).
    (d) Conflict-of-Interest Policy.--The Board of Directors of 
the Tennessee Valley Authority shall adopt and submit to 
Congress a conflict-of-interest policy, as required by section 
2(g)(1)(E) of the Tennessee Valley Authority Act of 1933 (as 
amended by this title), as soon as practicable after the 
effective date specified in subsection (b).
    (e) Transition.--A person who is serving as a member of the 
board of directors of the Tennessee Valley Authority on the 
date of enactment of this Act--
            (1) shall continue to serve until the end of the 
        current term of the member; but
            (2) after the effective date specified in 
        subsection (b), shall serve under the terms of the 
        Tennessee Valley Authority Act of 1933 (as amended by 
        this title).
            This Division may be cited as the ``Energy and 
        Water Development Appropriations Act, 2005''.

DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2005

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                EXPORT-IMPORT BANK OF THE UNITED STATES

    The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and 
borrowing authority available to such corporation, and in 
accordance with law, and to make such contracts and commitments 
without regard to fiscal year limitations, as provided by 
section 104 of the Government Corporation Control Act, as may 
be necessary in carrying out the program for the current fiscal 
year for such corporation: Provided, That none of the funds 
available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of 
nuclear equipment, fuel, or technology to any country, other 
than a nuclear-weapon state as defined in Article IX of the 
Treaty on the Non-Proliferation of Nuclear Weapons eligible to 
receive economic or military assistance under this Act, that 
has detonated a nuclear explosive after the date of the 
enactment of this Act: Provided further, That notwithstanding 
section 1(c) of Public Law 103-428, as amended, sections 1(a) 
and (b) of Public Law 103-428 shall remain in effect through 
October 1, 2005.

                         SUBSIDY APPROPRIATION

    For the cost of direct loans, loan guarantees, insurance, 
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $59,800,000, to remain 
available until September 30, 2008: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall remain available until 
September 30, 2023 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal 
years 2005, 2006, 2007, and 2008: Provided further, That none 
of the funds appropriated by this Act or any prior Act 
appropriating funds for foreign operations, export financing, 
and related programs for tied-aid credits or grants may be used 
for any other purpose except through the regular notification 
procedures of the Committees on Appropriations: Provided 
further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export-Import 
Bank Act of 1945, in connection with the purchase or lease of 
any product by any Eastern European country, any Baltic State 
or any agency or national thereof: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Export-Import Bank shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate, 
containing an analysis of the economic impact on United States 
producers of ethanol of the extension of credit and financial 
guarantees for the development of an ethanol dehydration plant 
in Trinidad and Tobago, including a determination of whether 
such extension will cause substantial injury to such producers, 
as defined in section 2(e)(4) of the Export-Import Bank Act of 
1945 (12 U.S.C. 635(e)(4)).

                        ADMINISTRATIVE EXPENSES

    For administrative expenses to carry out the direct and 
guaranteed loan and insurance programs, including hire of 
passenger motor vehicles and services as authorized by 5 U.S.C. 
3109, and not to exceed $30,000 for official reception and 
representation expenses for members of the Board of Directors, 
$73,200,000: Provided, That the Export-Import Bank may accept, 
and use, payment or services provided by transaction 
participants for legal, financial, or technical services in 
connection with any transaction for which an application for a 
loan, guarantee or insurance commitment has been made: Provided 
further, That, notwithstanding subsection (b) of section 117 of 
the Export Enhancement Act of 1992, subsection (a) thereof 
shall remain in effect until October 1, 2005.

                Overseas Private Investment Corporation

                           NONCREDIT ACCOUNT

    The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within the 
limits of funds available to it and in accordance with law as 
may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance 
programs (including an amount for official reception and 
representation expenses which shall not exceed $35,000) shall 
not exceed $42,885,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred 
in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors 
pursuant to section 234 of the Foreign Assistance Act of 1961, 
shall not be considered administrative expenses for the 
purposes of this heading.

                            PROGRAM ACCOUNT

    For the cost of direct and guaranteed loans, $24,000,000, 
as authorized by section 234 of the Foreign Assistance Act of 
1961, to be derived by transfer from the Overseas Private 
Investment Corporation Non-Credit Account: Provided, That such 
costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made 
during fiscal years 2005 and 2006: Provided further, That such 
sums shall remain available through fiscal year 2013 for the 
disbursement of direct and guaranteed loans obligated in fiscal 
year 2005, and through fiscal year 2014 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 2006: 
Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized 
to undertake any program authorized by title IV of the Foreign 
Assistance Act of 1961 in Iraq: Provided further, That funds 
made available pursuant to the authority of the previous 
proviso shall be subject to the regular notification procedures 
of the Committees on Appropriations.
    In addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be 
derived from amounts available for administrative expenses to 
carry out the credit and insurance programs in the Overseas 
Private Investment Corporation Noncredit Account and merged 
with said account.

                  Funds Appropriated to the President

                      TRADE AND DEVELOPMENT AGENCY

    For necessary expenses to carry out the provisions of 
section 661 of the Foreign Assistance Act of 1961, $51,500,000, 
to remain available until September 30, 2006.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for 
other purposes, to remain available until September 30, 2005, 
unless otherwise specified herein, as follows:

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out the provisions of 
chapters 1 and 10 of part I of the Foreign Assistance Act of 
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise 
available for such purposes, $1,550,000,000, to remain 
available until September 30, 2006: Provided, That this amount 
shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) 
health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related 
education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases, 
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6) 
family planning/reproductive health: Provided further, That 
none of the funds appropriated under this heading may be made 
available for nonproject assistance, except that funds may be 
made available for such assistance for ongoing health 
activities: Provided further, That of the funds appropriated 
under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to 
monitor and provide oversight of child survival, maternal and 
family planning/reproductive health, and infectious disease 
programs: Provided further, That the following amounts should 
be allocated as follows: $345,000,000 for child survival and 
maternal health; $30,000,000 for vulnerable children; 
$350,000,000 for HIV/AIDS including not less than $30,000,000 
to support the development of microbicides as a means for 
combating HIV/AIDS; $200,000,000 for other infectious diseases; 
and $375,000,000 for family planning/reproductive health, 
including in areas where population growth threatens 
biodiversity or endangered species: Provided further, That of 
the funds appropriated under this heading, and in addition to 
funds allocated under the previous proviso, not less than 
$250,000,000 shall be made available, notwithstanding any other 
provision of law, except for the United States Leadership 
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public 
Law 108-25), for a United States contribution to the Global 
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global 
Fund''), and shall be expended at the minimum rate necessary to 
make timely payment for projects and activities: Provided 
further, That of the funds appropriated under this heading in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2004, that were withheld from obligation to 
the Global Fund, not less than $87,800,000 shall be made 
available to the Global Fund, notwithstanding section 202(d)(4) 
of Public Law 108-25 which required such withholding from the 
Global Fund in fiscal year 2004: Provided further, That the 
funds made available in the previous proviso shall be subject 
to any withholding required by section 202(d)(4) of Public Law 
108-25 for contributions made to the Global Fund in fiscal year 
2005: Provided further, That up to 5 percent of the aggregate 
amount of funds made available to the Global Fund in fiscal 
year 2005 may be made available to the United States Agency for 
International Development for technical assistance related to 
the activities of the Global Fund: Provided further, That of 
the funds appropriated under this heading that are available 
for HIV/AIDS programs and activities, not less than $27,000,000 
should be made available for the International AIDS Vaccine 
Initiative: Provided further, That of the funds appropriated 
under this heading, $65,000,000 should be made available for a 
United States contribution to The Vaccine Fund, and up to 
$6,000,000 may be transferred to and merged with funds 
appropriated by this Act under the heading ``Operating Expenses 
of the United States Agency for International Development'' for 
costs directly related to international health, but funds made 
available for such costs may not be derived from amounts made 
available for contribution under this and preceding provisos: 
Provided further, That none of the funds made available in this 
Act nor any unobligated balances from prior appropriations may 
be made available to any organization or program which, as 
determined by the President of the United States, supports or 
participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That 
none of the funds made available under this Act may be used to 
pay for the performance of abortion as a method of family 
planning or to motivate or coerce any person to practice 
abortions: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions 
against abortion under section 104 of the Foreign Assistance 
Act of 1961: Provided further, That none of the funds made 
available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only 
to voluntary family planning projects which offer, either 
directly or through referral to, or information about access 
to, a broad range of family planning methods and services, and 
that any such voluntary family planning project shall meet the 
following requirements: (1) service providers or referral 
agents in the project shall not implement or be subject to 
quotas, or other numerical targets, of total number of births, 
number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not 
be construed to include the use of quantitative estimates or 
indicators for budgeting and planning purposes); (2) the 
project shall not include payment of incentives, bribes, 
gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) 
program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the 
project shall not deny any right or benefit, including the 
right of access to participate in any program of general 
welfare or the right of access to health care, as a consequence 
of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning 
acceptors comprehensible information on the health benefits and 
risks of the method chosen, including those conditions that 
might render the use of the method inadvisable and those 
adverse side effects known to be consequent to theuse of the 
method; and (5) the project shall ensure that experimental 
contraceptive drugs and devices and medical procedures are provided 
only in the context of a scientific study in which participants are 
advised of potential risks and benefits; and, not less than 60 days 
after the date on which the Administrator of the United States Agency 
for International Development determines that there has been a 
violation of the requirements contained in paragraph (1), (2), (3), or 
(5) of this proviso, or a pattern or practice of violations of the 
requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating 
funds for foreign operations, export financing, and related programs, 
the term ``motivate'', as it relates to family planning assistance, 
shall not be construed to prohibit the provision, consistent with local 
law, of information or counseling about all pregnancy options: Provided 
further, That to the maximum extent feasible, taking into consideration 
cost, timely availability, and best health practices, funds 
appropriated in this Act or prior appropriations Acts that are made 
available for condom procurement shall be made available only for the 
procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by 
this Act shall be medically accurate and shall include the public 
health benefits and failure rates of such use.

                         DEVELOPMENT ASSISTANCE

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of 
sections 103, 105, 106, and 131, and chapter 10 of part I of 
the Foreign Assistance Act of 1961, $1,460,000,000, to remain 
available until September 30, 2006: Provided, That $194,000,000 
should be allocated for trade capacity building: Provided 
further, That $300,000,000 should be allocated for basic 
education: Provided further, That of the funds appropriated 
under this heading and managed by the United States Agency for 
International Development Bureau of Democracy, Conflict, and 
Humanitarian Assistance, not less than $15,000,000 shall be 
made available only for programs to improve women's leadership 
capacity in recipient countries: Provided further, That such 
funds may not be made available for construction: Provided 
further, That of the aggregate amount of the funds appropriated 
by this Act that are made available for agriculture and rural 
development programs, $25,000,000 should be made available for 
plant biotechnology research and development: Provided further, 
That not less than $2,300,000 should be made available for core 
support for the International Fertilizer Development Center: 
Provided further, That of the funds appropriated under this 
heading, not less than $20,000,000 should be made available for 
the American Schools and Hospitals Abroad program: Provided 
further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and 
orphaned children and victims of war, not to exceed $37,500, in 
addition to funds otherwise available for such purposes, may be 
used to monitor and provide oversight of such programs: 
Provided further, That funds appropriated under this heading 
should be made available for programs in sub-Saharan Africa to 
address sexual and gender-based violence: Provided further, 
That of the funds appropriated under this heading, $2,000,000 
should be made available to develop clean water treatment 
activities in developing countries: Provided further, That of 
the funds appropriated by this Act, $100,000,000 shall be made 
available for drinking water supply projects and related 
activities.

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of 
section 491 of the Foreign Assistance Act of 1961 for 
international disaster relief, rehabilitation, and 
reconstruction assistance, $335,500,000, to remain available 
until expended.
    In addition, for necessary expenses for assistance for 
famine prevention and relief, including for mitigation of the 
effects of famine, $34,500,000, to remain available until 
expended: Provided, That such funds shall be made available 
utilizing the general authorities of section 491 of the Foreign 
Assistance Act of 1961, and shall be in addition to amounts 
otherwise available for such purposes: Provided further, That 
funds appropriated by this paragraph shall be available for 
obligation subject to prior consultation with the Committees on 
Appropriations.

                         TRANSITION INITIATIVES

    For necessary expenses for international disaster 
rehabilitation and reconstruction assistance pursuant to 
section 491 of the Foreign Assistance Act of 1961, $49,000,000, 
to remain available until expended, to support transition to 
democracy and to long-term development of countries in crisis: 
Provided, That such support may include assistance to develop, 
strengthen, or preserve democratic institutions and processes, 
revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a 
report to the Committees on Appropriations at least 5 days 
prior to beginning a new program of assistance: Provided 
further, That if the President determines that is important to 
the national interests of the United States to provide 
transition assistance in excess of the amount appropriated 
under this heading, up to $15,000,000 of the funds appropriated 
by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this 
heading and under the authorities applicable to funds 
appropriated under this heading:  Provided further, That funds 
made available pursuant to the previous proviso shall be made 
available subject to prior consultation with the Committees on 
Appropriations.

                      DEVELOPMENT CREDIT AUTHORITY

                     (INCLUDING TRANSFER OF FUNDS)

    For the cost of direct loans and loan guarantees provided 
by the United States Agency for International Development, as 
authorized by sections 108 and 635 of the Foreign Assistance 
Act of 1961, funds may be derived by transfer from funds 
appropriated by this Act to carry outpart I of such Act and 
under the heading ``Assistance for Eastern Europe and the Baltic 
States'': Provided, That such funds shall not exceed $21,000,000, which 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of the Act: Provided further, That such costs, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further,  That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under this Act 
or prior Acts, and funds used for such costs shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the provisions of section 107A(d) (relating to 
general provisions applicable to the Development Credit Authority) of 
the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 
1486 as reported by the House Committee on International Relations on 
May 9, 1997, shall be applicable to direct loans and loan guarantees 
provided under this heading.
    In addition, for administrative expenses to carry out 
credit programs administered by the United States Agency for 
International Development, $8,000,000, which may be transferred 
to and merged with the appropriation for Operating Expenses of 
the United States Agency for International Development: 
Provided, That funds made available under this heading shall 
remain available until September 30, 2007.

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

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

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, 
$618,000,000, of which up to $25,000,000 may remain available 
until September 30, 2006: Provided, That none of the funds 
appropriated under this heading and under the heading ``Capital 
Investment Fund'' may be made available to finance the 
construction (including architect and engineering services), 
purchase, or long-term lease of offices for use by the United 
States Agency for International Development, unless the 
Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or 
long-term lease of offices in a report submitted to the 
Committees on Appropriations at least 15 days prior to the 
obligation of these funds for such purposes: Provided further, 
That the previous proviso shall not apply where the total cost 
of construction (including architect and engineering services), 
purchase, or long-term lease of offices does not exceed 
$1,000,000: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through 
fiscal year 2006: Provided further, That none of the funds in 
this Act may be used to open a new overseas mission of the 
United States Agency for International Development without the 
prior written notification of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of 
the Foreign Assistance Act of 1961 may be exercised by the 
Secretary of State to transfer funds appropriated to carry out 
chapter 1 of part I of such Act to ``Operating Expenses of the 
United States Agency for International Development'' in 
accordance with the provisions of those sections.

                        CAPITAL INVESTMENT FUND

    For necessary expenses for overseas construction and 
related costs, and for the procurement and enhancement of 
information technology and related capital investments, 
pursuant to section 667 of the Foreign Assistance Act of 1961, 
$59,000,000, to remain available until expended: Provided, That 
this amount is in addition to funds otherwise available for 
such purposes: Provided further, That funds appropriated under 
this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the amounts 
appropriated under this heading, not to exceed $19,709,000 may 
be made available for the purposes of implementing the Capital 
Security Cost Sharing Program.

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT OFFICE OF INSPECTOR GENERAL

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, $35,000,000, 
to remain available until September 30, 2006, which sum shall 
be available for the Office of the Inspector General of the 
United States Agency for International Development.

                  Other Bilateral Economic Assistance

                         ECONOMIC SUPPORT FUND

    For necessary expenses to carry out the provisions of 
chapter 4 of part II, $2,482,500,000, to remain available until 
September 30, 2006: Provided, That of the funds appropriated 
under this heading, not less than $360,000,000 shall be 
available only for Israel, which sum shall be available on a 
grant basis as a cash transfer and shall be disbursed within 30 
days of the enactment of this Act: Provided further, That not 
less than $535,000,000 shall be available only for Egypt, which 
sum shall be provided on a grant basis, and of which sum cash 
transfer assistance shall be provided with the understanding 
that Egypt will undertake significant economic reforms which 
are additional to those which were undertaken in previous 
fiscal years, and of which $200,000,000 should be provided as 
Commodity Import Program assistance: Provided further, That 
with respect to the provision of assistance for Egypt for 
democracy and governance activities, the organizations 
implementing such assistance and the specific nature of that 
assistance shall not be subject to the prior approval by the 
Government of Egypt: Provided further, That in exercising the 
authority to provide cash transfer assistance for Israel, the 
President shall ensure that the level of such assistance does 
not cause an adverse impact on the total level of nonmilitary 
exports from the United States to such country and that Israel 
enters into a side letter agreement in an amount proportional 
to the fiscal year 1999 agreement: Provided further, That of 
the funds appropriated under this heading, not less than 
$250,000,000 should be made available only for assistance for 
Jordan: Provided further, That $13,500,000 of the funds 
appropriated under this heading shall be made available for 
Cyprus to be used only for scholarships, administrative support 
of the scholarship program, bicommunalprojects, and measures 
aimed at reunification of the island and designed to reduce tensions 
and promote peace and cooperation between the two communities on 
Cyprus: Provided further, That $35,000,000 of the funds appropriated 
under this heading shall be made available for assistance for Lebanon, 
of which not less than $4,000,000 should be made available for 
scholarships and direct support of American educational institutions in 
Lebanon: Provided further, That funds appropriated under this heading 
may be used, notwithstanding any other provision of law, to provide 
assistance to the National Democratic Alliance of Sudan to strengthen 
its ability to protect civilians from attacks, slave raids, and aerial 
bombardment by the Sudanese Government forces and its militia allies, 
and the provision of such funds shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That in the previous proviso, the term ``assistance'' includes 
non-lethal, non-food aid such as blankets, medicine, fuel, mobile 
clinics, water drilling equipment, communications equipment to notify 
civilians of aerial bombardment, non-military vehicles, tents, and 
shoes: Provided further, That not to exceed $200,000,000 of the funds 
appropriated under this heading may be used for the costs, as defined 
in section 502 of the Congressional Budget Act of 1974, of modifying 
direct loans and guarantees for Pakistan: Provided further, That 
amounts that are made available under the previous proviso for the 
costs of modifying direct loans and guarantees shall not be considered 
``assistance'' for the purposes of provisions of law limiting 
assistance to a country: Provided further, That of the funds 
appropriated under this heading, not less than $22,000,000 shall be 
made available for assistance for the Democratic Republic of Timor-
Leste, of which up to $1,000,000 may be available for administrative 
expenses of the United States Agency for International Development: 
Provided further, That of the funds available under this heading for 
assistance for Indonesia, $3,000,000 should be made available to 
promote freedom of the media in Indonesia: Provided further, That of 
the funds appropriated under this heading, $5,000,000 shall be made 
available to continue to support the provision of wheelchairs for needy 
persons in developing countries: Provided further, That funds 
appropriated under this heading that are made available for a Middle 
East Financing Facility, Middle East Enterprise Fund, or any other 
similar entity in the Middle East shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That with respect to funds appropriated under this heading in 
this Act or prior Acts making appropriations for foreign operations, 
export financing, and related programs, the responsibility for policy 
decisions and justifications for the use of such funds, including 
whether there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated.

                     INTERNATIONAL FUND FOR IRELAND

    For necessary expenses to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961, 
$18,500,000, which shall be available for the United States 
contribution to the International Fund for Ireland and shall be 
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415): 
Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and 
activities: Provided further, That funds made available under 
this heading shall remain available until September 30, 2006.

          ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

    (a) For necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 and the Support for East 
European Democracy (SEED) Act of 1989, $396,600,000, to remain 
available until September 30, 2006, which shall be available, 
notwithstanding any other provision of law, for assistance and 
for related programs for Eastern Europe and the Baltic States: 
Provided, That of the funds appropriated under this heading 
that are made available for assistance for Bulgaria, $2,000,000 
should be made available to enhance safety at nuclear power 
plants.
    (b) Funds appropriated under this heading shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of 
economic assistance.
    (c) The provisions of section 529 of this Act shall apply 
to funds appropriated under this heading: Provided, That 
notwithstanding any provision of this or any other Act, 
including provisions in this subsection regarding the 
application of section 529 of this Act, local currencies 
generated by, or converted from, funds appropriated by this Act 
and by previous appropriations Acts and made available for the 
economic revitalization program in Bosnia may be used in 
Eastern Europe and the Baltic States to carry out the 
provisions of the Foreign Assistance Act of 1961 and the 
Support for East European Democracy (SEED) Act of 1989.
    (d) The President is authorized to withhold funds 
appropriated under this heading made available for economic 
revitalization programs in Bosnia and Herzegovina, if he 
determines and certifies to the Committees on Appropriations 
that the Federation of Bosnia and Herzegovina has not complied 
with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation 
on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and 
Bosnian officials has not been terminated.

    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

    (a) For necessary expenses to carry out the provisions of 
chapters 11 and 12 of part I of the Foreign Assistance Act of 
1961 and the FREEDOM Support Act, for assistance for the 
Independent States of the former Soviet Union and for related 
programs, $560,000,000, to remain available until September 30, 
2006: Provided, That the provisions of such chapters shall 
apply to funds appropriated by this paragraph: Provided 
further, That funds made available for the Southern Caucasus 
region may be used, notwithstanding any other provision of law, 
for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional 
conflicts, especially those in the vicinity of Abkhazia and 
Nagorno-Karabagh: Provided further, That of the funds 
appropriated under this heading, $3,859,000 should be available 
only to meet the health and other assistance needs of victims 
of trafficking in persons: Provided further, That of the funds 
appropriated under this heading, $17,500,000 shall be made 
available solely for assistance for the Russian Far East: 
Provided further, That, notwithstanding any other provision of 
law, funds appropriated under this heading in this Act or prior 
Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available 
pursuant to the provisions of section 807 of Public Law 102-511 
shall be subject to a 6 percent ceiling on administrative 
expenses.
    (b) Of the funds appropriated under this heading that are 
made available for assistance for Ukraine, not less than 
$5,000,000 should be made available for nuclear reactor safety 
initiatives, and not less than $1,500,000 shall be made 
available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, not less 
than $55,000,000 should be made available, in addition to funds 
otherwise available for such purposes, for assistance for child 
survival, environmental and reproductive health, and to combat 
HIV/AIDS, tuberculosis and other infectious diseases, and for 
related activities.
    (d)(1) Of the funds appropriated under this heading that 
are allocated for assistance for the Government ofthe Russian 
Federation, 60 percent shall be withheld from obligation until the 
President determines and certifies in writing to the Committees on 
Appropriations that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements 
        to provide Iran with technical expertise, training, 
        technology, or equipment necessary to develop a nuclear 
        reactor, related nuclear research facilities or 
        programs, or ballistic missile capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief 
        to refugees and internally displaced persons in 
        Chechnya.
    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child 
        survival activities, or assistance for victims of 
        trafficking in persons; and
            (B) activities authorized under title V 
        (Nonproliferation and Disarmament Programs and 
        Activities) of the FREEDOM Support Act.
    (e) Section 907 of the FREEDOM Support Act shall not apply 
to--
            (1) activities to support democracy or assistance 
        under title V of the FREEDOM Support Act and section 
        1424 of Public Law 104-201 or non-proliferation 
        assistance;
            (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421);
            (3) any activity carried out by a member of the 
        United States and Foreign Commercial Service while 
        acting within his or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et 
        seq.);
            (5) any financing provided under the Export-Import 
        Bank Act of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                       INTER-AMERICAN FOUNDATION

    For necessary expenses to carry out the functions of the 
Inter-American Foundation in accordance with the provisions of 
section 401 of the Foreign Assistance Act of 1969, $18,000,000, 
to remain available until September 30, 2006.

                     AFRICAN DEVELOPMENT FOUNDATION

    For necessary expenses to carry out title V of the 
International Security and Development Cooperation Act of 1980, 
Public Law 96-533, $19,000,000, to remain available until 
September 30, 2006: Provided, That funds made available to 
grantees may be invested pending expenditure for project 
purposes when authorized by the board of directors of the 
Foundation: Provided further, That interest earned shall be 
used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the 
African Development Foundation Act, in exceptional 
circumstances the board of directors of the Foundation may 
waive the $250,000 limitation contained in that section with 
respect to a project: Provided further, That the Foundation 
shall provide a report to the Committees on Appropriations 
after each time such waiver authority is exercised.

                              PEACE CORPS

    For necessary expenses to carry out the provisions of the 
Peace Corps Act (75 Stat. 612), $320,000,000, including the 
purchase of not to exceed five passenger motor vehicles for 
administrative purposes for use outside of the United States: 
Provided, That none of the funds appropriated under this 
heading shall be used to pay for abortions: Provided further, 
That funds appropriated under this heading shall remain 
available until September 30, 2006.

                    MILLENNIUM CHALLENGE CORPORATION

    For necessary expenses for the ``Millennium Challenge 
Corporation'', $1,500,000,000, to remain available until 
expended: Provided, That of the funds appropriated under this 
heading, up to $50,000,000 may be available for administrative 
expenses of the Millennium Challenge Corporation: Provided 
further, That none of the funds appropriated under this heading 
may be made available for the provision of assistance until the 
Chief Executive Officer of the Millennium Challenge Corporation 
provides a written budget justification to the Committees on 
Appropriations: Provided further, That up to 10 percent of the 
funds appropriated under this heading may be made available to 
carry out the purposes of section 616 of the Millennium 
Challenge Act of 2003: Provided further, That none of the funds 
available to carry out section 616 of such Act may be made 
available until the Chief Executive Officer of the Millennium 
Challenge Corporation provides a report to the Committees on 
Appropriations listing the candidate countries that will be 
receiving assistance under section 616 of such Act, the level 
of assistance proposed for each such country, a description of 
the proposed programs, projects and activities, and the 
implementing agency or agencies of the United States 
Government: Provided further, That section 605(e)(4) of the 
Millennium Challenge Act of 2003 shall apply to funds 
appropriated under this heading: Provided further, That funds 
appropriated under this heading, and funds appropriated under 
this heading in division D of Public Law 108-199, may be made 
available for a Millennium Challenge Compact entered into 
pursuant to section 609 of the Millennium Challenge Act of 2003 
only if such Compact obligates, or contains a commitment to 
obligate subject to the availability of funds and the mutual 
agreement of the parties to the Compact to proceed, the entire 
amount of the United States Government funding anticipated for 
the duration of the Compact: Provided further, That the 
previous proviso shall be effective on the date of enactment of 
this Act.

                          Department of State

                       GLOBAL HIV/AIDS INITIATIVE

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the prevention, treatment, 
and control of, and research on, HIV/AIDS, $1,385,000,000, to 
remain available until expended: Provided, That of the funds 
appropriated under this heading, not more than $8,818,000 may 
be made available for administrative expenses of the Office of 
the Coordinator of United States Government Activities to 
Combat HIV/AIDS Globally of the Department of State: Provided 
further, That of the funds appropriated under this heading,not 
less than $27,000,000 should be made available for a United States 
contribution to UNAIDS.

          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $328,820,000, to remain 
available until September 30, 2007: Provided, That during 
fiscal year 2005, the Department of State may also use the 
authority of section 608 of the Foreign Assistance Act of 1961, 
without regard to its restrictions, to receive excess property 
from an agency of the United States Government for the purpose 
of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of 
the Committees on Appropriations: Provided further, That the 
Secretary of State shall provide to the Committees on 
Appropriations not later than 45 days after the date of the 
enactment of this Act and prior to the initial obligation of 
funds appropriated under this heading, a report on the proposed 
uses of all funds under this heading on a country-by-country 
basis for each proposed program, project, or activity: Provided 
further, That of the funds appropriated under this heading, not 
less than $11,900,000 should be made available for training 
programs and activities of the International Law Enforcement 
Academies: Provided further, That of the funds appropriated 
under this heading, not less than $4,000,000 should be made 
available for assistance for the Philippines for police 
training and other related activities: Provided further, That 
$10,000,000 of the funds appropriated under this heading shall 
be made available for demand reduction programs: Provided 
further, That $40,000,000 of the funds appropriated under this 
heading should be made available for assistance for Mexico: 
Provided further, That $10,500,000 of the funds appropriated 
under this heading should be made available for assistance for 
countries and programs in Africa: Provided further, That of the 
funds appropriated under this heading, $3,000,000 shall be made 
available for assistance for the Government of Malta for the 
purchase of helicopters to enhance its ability to control its 
borders and deter terrorists: Provided further, That of the 
funds appropriated under this heading, not more than 
$30,300,000 may be available for administrative expenses.

                     ANDEAN COUNTERDRUG INITIATIVE

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961 to support counterdrug 
activities in the Andean region of South America, $731,000,000, 
to remain available until September 30, 2007: Provided, That in 
fiscal year 2005, funds available to the Department of State 
for assistance to the Government of Colombia shall be available 
to support a unified campaign against narcotics trafficking, 
against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the 
United Self-Defense Forces of Colombia (AUC), and to take 
actions to protect human health and welfare in emergency 
circumstances, including undertaking rescue operations: 
Provided further, That this authority shall cease to be 
effective if the Secretary of State has credible evidence that 
the Colombian Armed Forces are not conducting vigorous 
operations to restore government authority and respect for 
human rights in areas under the effective control of 
paramilitary and guerrilla organizations: Provided further, 
That the President shall ensure that if any helicopter procured 
with funds under this heading is used to aid or abet the 
operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately 
returned to the United States: Provided further, That none of 
the funds appropriated by this Act may be made available to 
support a Peruvian air interdiction program until the Secretary 
of State and Director of Central Intelligence certify to the 
Congress, 30 days before any resumption of United States 
involvement in a Peruvian air interdiction program, that an air 
interdiction program that permits the ability of the Peruvian 
Air Force to shoot down aircraft will include enhanced 
safeguards and procedures to prevent the occurrence of any 
incident similar to the April 20, 2001 incident: Provided 
further, That the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall provide to the Committees on Appropriations 
not later than 45 days after the date of the enactment of this 
Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds 
under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That 
of the funds appropriated under this heading, not less than 
$264,600,000 shall be made available for alternative 
development/institution building, of which $237,000,000 shall 
be apportioned directly to the United States Agency for 
International Development, including $125,700,000 for 
assistance for Colombia: Provided further, That with respect to 
funds apportioned to the United States Agency for International 
Development under the previous proviso, the responsibility for 
policy decisions for the use of such funds, including what 
activities will be funded and the amount of funds that will be 
provided for each of those activities, shall be the 
responsibility of the Administrator of the United States Agency 
for International Development in consultation with the 
Assistant Secretary of State for International Narcotics and 
Law Enforcement Affairs: Provided further, That of the funds 
appropriated under this heading, not less than $6,000,000 
should be made available for judicial reform programs in 
Colombia: Provided further, That of the funds appropriated 
under this heading, in addition to funds made available 
pursuant to the previous proviso, not less than $6,000,000 
shall be made available to the United States Agency for 
International Development for organizations and programs to 
protect human rights: Provided further, That funds made 
available in this Act for demobilization/reintegration of 
members of foreign terrorist organizations in Colombia shall be 
subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations: 
Provided further, That not more than 20 percent of the funds 
appropriated by this Act that are used for the procurement of 
chemicals for aerial coca and poppy fumigation programs may be 
made available for such programs unless the Secretary of State 
certifies to the Committees on Appropriations that: (1) the 
herbicide mixture is being used in accordance with EPA label 
requirements for comparable use in the United States and with 
Colombian laws; and (2) the herbicide mixture, in the manner it 
is being used, does not pose unreasonable risks or adverse 
effects to humans or the environment: Provided further, That 
such funds may not be made available unless the Secretary of 
State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such 
fumigation are evaluated and fair compensation is being paid 
for meritorious claims: Provided further, That such funds may 
not be made available for such purposes unless programs are 
being implemented by the United States Agency for International 
Development, the Government of Colombia, or other 
organizations, in consultation with local communities, to 
provide alternative sources of income in areas where security 
permits for small-acreage growers whose illicit crops are 
targeted for fumigation: Provided further, That of the funds 
appropriated under this heading, $2,000,000 should be made 
available through nongovernmental organizations for programs to 
protect biodiversity and indigenous reserves in Colombia: 
Provided further, That funds appropriated by this Act may be 
used for aerial fumigation in Colombia's national parks or 
reserves only if the Secretary of State determines that it is 
in accordance with Colombian laws and that there are no 
effective alternatives to reduce drug cultivation in these 
areas: Provided further, That section 482(b) of the Foreign 
Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: Provided further, That assistance provided 
with funds appropriatedunder this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
no United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act for 
Colombia: Provided further, That funds appropriated under this heading 
that are available for assistance for the Bolivian military and police 
may be made available for such purposes only if the Bolivian military 
and police are respecting human rights and cooperating with civilian 
judicial authorities, and the Bolivian Government is prosecuting and 
punishing those responsible for violations of human rights: Provided 
further, That of the funds appropriated under this heading, not more 
than $16,285,000 may be available for administrative expenses of the 
Department of State, and not more than $7,800,000 may be available, in 
addition to amounts otherwise available for such purposes, for 
administrative expenses of the United States Agency for International 
Development.

                    MIGRATION AND REFUGEE ASSISTANCE

    For expenses, not otherwise provided for, necessary to 
enable the Secretary of State to provide, as authorized by law, 
a contribution to the International Committee of the Red Cross, 
assistance to refugees, including contributions to the 
International Organization for Migration and the United Nations 
High Commissioner for Refugees, and other activities to meet 
refugee and migration needs; salaries and expenses of personnel 
and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of 
title 5, United States Code; purchase and hire of passenger 
motor vehicles; and services as authorized by section 3109 of 
title 5, United States Code, $770,000,000, which shall remain 
available until expended: Provided, That not more than 
$22,000,000 may be available for administrative expenses: 
Provided further, That not less than $50,000,000 of the funds 
made available under this heading shall be made available for 
refugees from the former Soviet Union and Eastern Europe and 
other refugees resettling in Israel: Provided further, That 
funds appropriated under this heading may be made available for 
a headquarters contribution to the International Committee of 
the Red Cross only if the Secretary of State determines (and so 
reports to the appropriate committees of Congress) that the 
Magen David Adom Society of Israel is not being denied 
participation in the activities of the International Red Cross 
and Red Crescent Movement.

     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

    For necessary expenses to carry out the provisions of 
section 2(c) of the Migration and Refugee Assistance Act of 
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain 
available until expended: Provided, That funds made available 
under this heading are appropriated notwithstanding the 
provisions contained in section 2(c)(2) of such Act which would 
limit the amount of funds which could be appropriated for this 
purpose.

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

    For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, 
$402,000,000, to carry out the provisions of chapter 8 of part 
II of the Foreign Assistance Act of 1961 for anti-terrorism 
assistance, chapter 9 of part II of the Foreign Assistance Act 
of 1961, section 504 of the FREEDOM Support Act, section 23 of 
the Arms Export Control Act or the Foreign Assistance Act of 
1961 for demining activities, the clearance of unexploded 
ordnance, the destruction of small arms, and related 
activities, notwithstanding any other provision of law, 
including activities implemented through nongovernmental and 
international organizations, and section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United 
States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided, That of this amount 
not to exceed $32,000,000, to remain available until expended, 
may be made available for the Nonproliferation and Disarmament 
Fund, notwithstanding any other provision of law, to promote 
bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That funds 
appropriated under this heading may be made available for the 
International Atomic Energy Agency only if the Secretary of 
State determines (and so reports to the Congress) that Israel 
is not being denied its right to participate in the activities 
of that Agency: Provided further, That funds available during 
fiscal year 2005 for a contribution to the Comprehensive 
Nuclear Test Ban Treaty Preparatory Commission and that are not 
necessary to make the United States contribution to the 
Commission in the amount assessed for fiscal year 2005 shall be 
made available for a voluntary contribution to the 
International Atomic Energy Agency and shall remain available 
until September 30, 2006: Provided further, That of the funds 
made available for demining and related activities, not to 
exceed $690,000, in addition to funds otherwise available for 
such purposes, may be used for administrative expenses related 
to the operation and management of the demining program: 
Provided further, That funds appropriated under this heading 
that are available for ``Anti-terrorism Assistance'' and 
``Export Control and Border Security'' shall remain available 
until September 30, 2006.

                       Department of the Treasury

               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

    For necessary expenses to carry out the provisions of 
section 129 of the Foreign Assistance Act of 1961, $19,000,000, 
to remain available until September 30, 2007, which shall be 
available notwithstanding any other provision of law.

                           DEBT RESTRUCTURING

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees, as the President may determine, for which funds 
have been appropriated or otherwise made available for programs 
within the International Affairs Budget Function 150, including 
the cost of selling, reducing, or canceling amounts owed to the 
United States as a result of concessional loans made to 
eligible countries, pursuant to parts IV and V of the Foreign 
Assistance Act of 1961, and of modifying concessional credit 
agreements with least developed countries, as authorized under 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, and concessional loans, 
guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made 
pursuant to the Export-Import Bank Act of 1945, by countries 
that are eligible for debt reduction pursuant to title V of 
H.R. 3425 as enacted into law by section 1000(a)(5) of Public 
Law 106-113, $100,000,000, to remain available until September 
30, 2007: Provided, That not less than $20,000,000 of the funds 
appropriated under this heading shall be made available to 
carry out the provisions of part V of the Foreign Assistance 
Act of 1961: Provided further, That up to $75,000,000 of the 
funds appropriated under this heading may be used by the 
Secretary of the Treasury to pay to the Heavily Indebted Poor 
Countries (HIPC) Trust Fund administered by the International 
Bank for Reconstruction and Development amounts for the benefit 
of countries that are eligible for debt reduction pursuant to 
title V of H.R. 3425 as enacted into law by section 1000(a)(5) 
of Public Law 106-113: Provided further, That amounts paidto 
the HIPC Trust Fund may be used only to fund debt reduction under the 
enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic 
        Integration:
Provided further, That funds may not be paid to the HIPC Trust 
Fund for the benefit of any country if the Secretary of State 
has credible evidence that the government of such country is 
engaged in a consistent pattern of gross violations of 
internationally recognized human rights or in military or civil 
conflict that undermines its ability to develop and implement 
measures to alleviate poverty and to devote adequate human and 
financial resources to that end: Provided further, That on the 
basis of final appropriations, the Secretary of the Treasury 
shall consult with the Committees on Appropriations concerning 
which countries and international financial institutions are 
expected to benefit from a United States contribution to the 
HIPC Trust Fund during the fiscal year: Provided further, That 
the Secretary of the Treasury shall inform the Committees on 
Appropriations not less than 15 days in advance of the 
signature of an agreement by the United States to make payments 
to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the 
Treasury may disburse funds designated for debt reduction 
through the HIPC Trust Fund only for the benefit of countries 
that--
            (1) have committed, for a period of 24 months, not 
        to accept new market-rate loans from the international 
        financial institution receiving debt repayment as a 
        result of such disbursement, other than loans made by 
        such institutions to export-oriented commercial 
        projects that generate foreign exchange which are 
        generally referred to as ``enclave'' loans; and
            (2) have documented and demonstrated their 
        commitment to redirect their budgetary resources from 
        international debt repayments to programs to alleviate 
        poverty and promote economic growth that are additional 
        to or expand upon those previously available for such 
        purposes:

Provided further, That any limitation of subsection (e) of 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954 shall not apply to funds appropriated 
under this heading: Provided further, That none of the funds 
made available under this heading in this or any other 
appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies 
the Committees on Appropriations that a democratically elected 
government has taken office: Provided further, That none of the 
funds appropriated under this heading may be paid to the HIPC 
Trust Fund for the benefit of any country that has accepted 
loans from an international financial institution between such 
country's decision point and completion point: Provided 
further, That the terms ``decision point'' and ``completion 
point'' shall have the same meaning as defined by the 
International Monetary Fund.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             INTERNATIONAL MILITARY EDUCATION AND TRAINING

    For necessary expenses to carry out the provisions of 
section 541 of the Foreign Assistance Act of 1961, $89,730,000, 
of which up to $3,000,000 may remain available until expended: 
Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may 
include civilians who are not members of a government whose 
participation would contribute to improved civil-military 
relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under 
this heading for military education and training for Guatemala 
may only be available for expanded international military 
education and training, and funds made available for Haiti, the 
Democratic Republic of the Congo, and Nigeria may only be 
provided through the regular notification procedures of the 
Committees on Appropriations.

                   FOREIGN MILITARY FINANCING PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

    For expenses necessary for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export 
Control Act, $4,783,500,000: Provided, That of the funds 
appropriated under this heading, not less than $2,220,000,000 
shall be available for grants only for Israel, and not less 
than $1,300,000,000 shall be made available for grants only for 
Egypt: Provided further, That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the 
enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for 
such purposes, grants made available for Israel by this 
paragraph shall, as agreed by Israel and the United States, be 
available for advanced weapons systems, of which not less than 
$580,000,000 shall be available for the procurement in Israel 
of defense articles and defense services, including research 
and development: Provided further, That of the funds 
appropriated by this paragraph, $206,000,000 should be made 
available for assistance for Jordan: Provided further, That in 
addition to the funds appropriated under this heading, up to 
$150,000,000 for assistance for Pakistan may be derived by 
transfer from unobligated balances of funds appropriated under 
the headings ``Economic Support Fund'' and ``Foreign Military 
Financing Program'' in prior appropriations Acts and not 
otherwise designated in those Acts for a specific country, use, 
or purpose: Provided further, That of the funds appropriated 
under this heading, not more than $2,000,000 may be made 
available for assistance for Uganda and only for non-lethal 
military equipment if the Secretary of State determines and 
reports to the Committees on Appropriations that the Government 
of Uganda has made significant progress in: (1) the protection 
of human rights, especially preventing acts of torture; (2) the 
protection of civilians in northern and eastern Uganda; and (3) 
the professionalization of the Ugandan armed forces: Provided 
further, That funds appropriated or otherwise made available by 
this paragraph shall be nonrepayable notwithstanding any 
requirement in section 23 of the Arms Export Control Act: 
Provided further, That funds made available under this 
paragraph shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 
1501(a).
    None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, 
defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export 
Control Act unless the foreign country proposing to make such 
procurements has first signed an agreement with the United 
States Government specifying the conditions under which such 
procurements may be financed with such funds: Provided, That 
all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the 
funds appropriated under this heading shall be available for 
assistance for Sudan and Guatemala: Provided further, That none 
of the funds appropriated under this heading may be made 
available for assistance for Haiti except pursuant to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That funds made available 
under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded 
ordnance, and related activities, and may include activities 
implemented through nongovernmental and international 
organizations: Provided further, That only those countries for 
which assistance was justified for the ``Foreign Military Sales 
Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds 
made available under this heading for procurement of defense 
articles, defense services or design and construction services 
that are not sold by the United States Government under the 
Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the 
minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That not more than 
$40,000,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of 
passenger motor vehicles for replacement only for use outside 
of the United States, for the general costs of administering 
military assistance and sales: Provided further, That not more 
than $367,000,000 of funds realized pursuant to section 
21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal 
year 2005 pursuant to section 43(b) of the Arms Export Control 
Act, except that this limitation may be exceeded only through 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That foreign military 
financing program funds estimated to be outlayed for Egypt 
during fiscal year 2005 shall be transferred to an interest 
bearing account for Egypt in the Federal Reserve Bank of New 
York within 30 days of enactment of this Act.

                        PEACEKEEPING OPERATIONS

    For necessary expenses to carry out the provisions of 
section 551 of the Foreign Assistance Act of 1961, 
$104,000,000: Provided, That none of the funds appropriated 
under this heading shall be obligated or expended except as 
provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  INTERNATIONAL FINANCIAL INSTITUTIONS

                      GLOBAL ENVIRONMENT FACILITY

    For the United States contribution for the Global 
Environment Facility, $107,500,000 to the International Bank 
for Reconstruction and Development as trustee for the Global 
Environment Facility, by the Secretary of the Treasury, to 
remain available until expended.

       CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

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

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the 
United States contribution to the fund, $11,000,000, to remain 
available until expended.

               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

    For the United States contribution by the Secretary of the 
Treasury to the increase in resources of the Asian Development 
Fund, as authorized by the Asian Development Bank Act, as 
amended, $100,000,000, to remain available until expended.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

    For payment to the African Development Bank by the 
Secretary of the Treasury, $4,100,000, for the United States 
paid-in share of the increase in capital stock, to remain 
available until expended.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the African Development Bank 
may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital 
stock in an amount not to exceed $79,532,933.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

    For the United States contribution by the Secretary of the 
Treasury to the increase in resources of the African 
Development Fund, $106,000,000, to remain available until 
expended.

  CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

    For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $35,431,111 for 
the United States share of the paid-in portion of the increase 
in capital stock, to remain available until expended.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal 
year limitation to the callable capital portion of the United 
States share of such capital stock in an amount not to exceed 
$121,996,662.

  contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the 
Treasury to increase the resources of the International Fund 
for Agricultural Development, $15,000,000, to remain available 
until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of 
section 301 of the Foreign Assistance Act of 1961, and of 
section 2 of the United Nations Environment Program 
Participation Act of 1973, $328,394,000: Provided, That none of 
the funds appropriated under this heading may be made available 
to the International Atomic Energy Agency (IAEA).

                      TITLE V--GENERAL PROVISIONS

  COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL 
                         FINANCIAL INSTITUTIONS

    Sec. 501. (a) No funds appropriated by this Act may be made 
as payment to any international financial institution while the 
United States Executive Director to such institution is 
compensated by the institution at a rate which, together with 
whatever compensation such Director receives from the United 
States, is in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, or while any 
alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate 
provided for an individual occupying a position at level V of 
the Executive Schedule under section 5316 of title 5, United 
States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction 
and Development, the Inter-American Development Bank, the Asian 
Development Bank, the Asian Development Fund, the African 
Development Bank, the African Development Fund, the 
International Monetary Fund, the North American Development 
Bank, and the European Bank for Reconstruction and Development.

   RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES

    Sec. 502. None of the funds appropriated by this Act may be 
made available to pay any voluntary contribution of the United 
States to the United Nations (including the United Nations 
Development Program) if the United Nations implements or 
imposes any taxation on any United States persons.

                    LIMITATION ON RESIDENCE EXPENSES

    Sec. 503. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $100,500 shall be for 
official residence expenses of the United States Agency for 
International Development during the current fiscal year: 
Provided, That appropriate steps shall be taken to assure that, 
to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

                         LIMITATION ON EXPENSES

    Sec. 504. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $5,000 shall be for 
entertainment expenses of the United States Agency for 
International Development during the current fiscal year.

               LIMITATION ON REPRESENTATIONAL ALLOWANCES

    Sec. 505. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $125,000 shall be available 
for representation allowances for the United States Agency for 
International Development during the current fiscal year: 
Provided, That appropriate steps shall be taken to assure that, 
to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars: Provided further, 
That of the funds made available by this Act for general costs 
of administering military assistance and sales under the 
heading ``Foreign Military Financing Program'', not to exceed 
$4,000 shall be available for entertainment expenses and not to 
exceed $130,000 shall be available for representation 
allowances: Provided further, That of the funds made available 
by this Act under the heading ``International Military 
Education and Training'', not to exceed $55,000 shall be 
available for entertainment allowances: Provided further, That 
of the funds made available by this Act for the Inter-American 
Foundation, not to exceed $2,000 shall be available for 
entertainment and representation allowances: Provided further, 
That of the funds made available by this Act for the Peace 
Corps, not to exceed a total of $4,000 shall be available for 
entertainment expenses: Provided further, That of the funds 
made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $4,000 shall be available 
for representation and entertainment allowances: Provided 
further, That of the funds made available by this Act under the 
heading ``Millennium Challenge Corporation'', not to exceed 
$115,000 shall be available for representation and 
entertainment allowances.

          PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide 
assistance for a foreign country under a new bilateral 
agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a 
provision stating that assistance provided by the United States 
shall be exempt from taxation, or reimbursed, by the foreign 
government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as 
necessary, to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent 
to 200 percent of the total taxes assessed during fiscal year 
2005 on funds appropriated by this Act by a foreign government 
or entity against commodities financed under United States 
assistance programs for which funds are appropriated by this 
Act, either directly or through grantees, contractors and 
subcontractors shall be withheld from obligation from funds 
appropriated for assistance for fiscal year 2006 and allocated 
for the central government of such country and for the West 
Bank and Gaza Program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on 
Appropriations that such taxes have not been reimbursed to the 
Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis 
nature shall not be subject to the provisions of subsection 
(b).
    (d) Reprogramming of Funds.--Funds withheld from obligation 
for each country or entity pursuant to subsection (b) shall be 
reprogrammed for assistance to countries which do not assess 
taxes on United States assistance or which have an effective 
arrangement that is providing substantial reimbursement of such 
taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply 
        to any country or entity the Secretary of State 
        determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective 
                arrangement that is providing substantial 
                reimbursement of such taxes; or
                    (B) the foreign policy interests of the 
                United States outweigh the policy of this 
                section to ensure that United States assistance 
                is not subject to taxation.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard 
        to any country or entity.
    (f) Implementation.--The Secretary of State shall issue 
rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance 
contained in this section.
    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to 
        value added taxes and customs duties imposed on 
        commodities financed with United States assistance for 
        programs for which funds are appropriated by this Act; 
        and
            (2) the term ``bilateral agreement'' refers to a 
        framework bilateral agreement between the Government of 
        the United States and the government of the country 
        receiving assistance that describes the privileges and 
        immunities applicable to United States foreign 
        assistance for such country generally, or an individual 
        agreement between the Government of the United States 
        and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded 
        the United States assistance provided under that 
        agreement.

        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

    Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended 
to finance directly any assistance or reparations to Cuba, 
Libya, North Korea, Iran, or Syria: Provided, That for purposes 
of this section, the prohibition on obligations or expenditures 
shall include direct loans, credits, insurance and guarantees 
of the Export-Import Bank or its agents.

                             MILITARY COUPS

    Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended 
to finance directly any assistance to the government of any 
country whose duly elected head of government is deposed by 
decree or military coup: Provided, That assistance may be 
resumed to such government if the President determines and 
certifies to the Committees on Appropriations that subsequent 
to the termination of assistance a democratically elected 
government has taken office: Provided further, That the 
provisions of this section shall not apply to assistance to 
promote democratic elections or public participation in 
democratic processes: Provided further, That funds made 
available pursuant to the previous provisos shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                               TRANSFERS

    Sec. 509. (a)(1) Limitation on Transfers Between 
Agencies.--None of the funds made available by this Act may be 
transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers 
made by, or authorized elsewhere in, this Act, funds 
appropriated by this Act to carry out the purposes of the 
Foreign Assistance Act of 1961 may be allocated or transferred 
to agencies of the United States Government pursuant to the 
provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) Transfers Between Accounts.--None of the funds made 
available by this Act may be obligated under an appropriation 
account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the 
President, not less than five days prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to 
transfer funds, consults with and provides a written policy 
justification to the Committees on Appropriations of the House 
of Representatives and the Senate.
    (c) Audit of Inter-agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or 
prior Acts, entered into between the United States Agency for 
International Development and another agency of the United 
States Government under the authority of section 632(a) of the 
Foreign Assistance Act of 1961 or any comparable provision of 
law, shall expressly provide that the Office of the Inspector 
General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits 
of the use of such funds: Provided, That funds transferred 
under such authority may be made available for the cost of such 
audits.

                 COMMERCIAL LEASING OF DEFENSE ARTICLES

    Sec. 510. Notwithstanding any other provision of law, and 
subject to the regular notification procedures of the 
Committees on Appropriations, the authority of section 23(a) of 
the Arms Export Control Act may be used to provide financing to 
Israel, Egypt and NATO and major non-NATO allies for the 
procurement by leasing (including leasing with an option to 
purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than 
helicopters and other types of aircraft having possible 
civilian application), if the President determines that there 
are compelling foreign policy or national security reasons for 
those defense articles being provided by commercial lease 
rather than by government-to-government sale under such Act.

                         AVAILABILITY OF FUNDS

    Sec. 511. No part of any appropriation contained in this 
Act shall remain available for obligation after the expiration 
of the current fiscal year unless expressly so provided in this 
Act: Provided, That funds appropriated for the purposes of 
chapters 1, 8, 11, and 12 of part I, section 667, chapters 4, 
6, 8, and 9 of part II of the Foreign Assistance Act of 1961, 
section 23 of the Arms Export Control Act, and funds provided 
under the heading ``Assistance for Eastern Europe and the 
Baltic States'', shall remain available for an additional four 
years from the date on which the availability of such funds 
would otherwise have expired, if such funds are initially 
obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 
of part II of the Foreign Assistance Act of 1961 which are 
allocated or obligated for cash disbursements in order to 
address balance of payments or economic policy reform 
objectives, shall remain available until expended.

            LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

    Sec. 512. No part of any appropriation contained in this 
Act shall be used to furnish assistance to the government of 
any country which is in default during a period in excess of 
one calendar year in payment to the United States of principal 
or interest on any loan made to the government of such country 
by the United States pursuant to a program for which funds are 
appropriated under this Act unless the President determines, 
following consultations with the Committees on Appropriations, 
that assistance to such country is in the national interest of 
the United States.

                           COMMERCE AND TRADE

    Sec. 513. (a) None of the funds appropriated or made 
available pursuant to this Act for direct assistance and none 
of the funds otherwise made available pursuant to this Act to 
the Export-Import Bank and the Overseas Private Investment 
Corporation shall be obligated or expended to finance any loan, 
any assistance or any other financial commitments for 
establishing or expanding production of any commodity for 
export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the 
time the resulting productive capacity is expected to become 
operative and if the assistance will cause substantial injury 
to United States producers of the same, similar, or competing 
commodity: Provided, That such prohibition shall not apply to 
the Export-Import Bank if in the judgment of its Board of 
Directors the benefits to industry and employment in the United 
States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the 
Chairman of the Board so notifies the Committees on 
Appropriations.
    (b) None of the funds appropriated by this or any other Act 
to carry out chapter 1 of part I of the Foreign Assistance Act 
of 1961 shall be available for any testing or breeding 
feasibility study, variety improvement or introduction, 
consultancy, publication, conference, or training in connection 
with the growth or production in a foreign country of an 
agricultural commodity for export which would compete with a 
similar commodity grown or produced in the United States: 
Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security 
        in developing countries where such activities will not 
        have a significant impact on the export of agricultural 
        commodities of the United States; or
            (2) research activities intended primarily to 
        benefit American producers.

                          SURPLUS COMMODITIES

    Sec. 514. The Secretary of the Treasury shall instruct the 
United States Executive Directors of the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment 
Corporation, the North American Development Bank, the European 
Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the 
voice and vote of the United States to oppose any assistance by 
these institutions, using funds appropriated or made available 
pursuant to this Act, for the production or extraction of any 
commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to 
United States producers of the same, similar, or competing 
commodity.

                       NOTIFICATION REQUIREMENTS

    Sec. 515. For the purposes of providing the executive 
branch with the necessary administrative flexibility, none of 
the funds made available under this Act for ``Child Survival 
and Health Programs Fund'', ``Development Assistance'', 
``International Organizations and Programs'', ``Trade and 
Development Agency'', ``International Narcotics Control and Law 
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance 
for Eastern Europe and the Baltic States'', ``Assistance for 
the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses 
of the United States Agency for International Development'', 
``Operating Expenses of the United States Agency for 
International Development Office of Inspector General'', 
``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'', ``Millennium Challenge Corporation'' (by country 
only), ``Foreign Military Financing Program'', ``International 
Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for 
obligation for activities, programs, projects, type of materiel 
assistance, countries, or other operations not justified or in 
excess of the amount justified to the Committees on 
Appropriations for obligation under any of these specific 
headings unless the Committees on Appropriations of both Houses 
of Congress are previously notified 15 days in advance: 
Provided, That the President shall not enter into any 
commitment of funds appropriated for the purposes of section 23 
of the Arms Export Control Act for the provision of major 
defense equipment, other than conventional ammunition, or other 
major defense items defined to be aircraft, ships, missiles, or 
combat vehicles, not previously justified to Congress or 20 
percent in excess of the quantities justified to Congress 
unless the Committees on Appropriations are notified 15 days in 
advance of such commitment: Provided further, That this section 
shall not apply to any reprogramming for an activity, program, 
or project for which funds are appropriated under title II of 
this Act of less than 10 percent of the amount previously 
justified to the Congress for obligation for such activity, 
program, or project for the current fiscal year: Provided 
further, That the requirements of this section or any similar 
provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular 
notification procedures of the Committees on Appropriations, 
may be waived if failure to do so would pose a substantial risk 
to human health or welfare: Provided further, That in case of 
any such waiver, notification to the Congress, or the 
appropriate congressional committees, shall be provided as 
early as practicable, but in no event later than 3 days after 
taking the action to which such notification requirement was 
applicable, in the context of the circumstances necessitating 
such waiver: Provided further, That any notification provided 
pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND 
                                PROGRAMS

    Sec. 516. Subject to the regular notification procedures of 
the Committees on Appropriations, funds appropriated under this 
Act or any previously enacted Act making appropriations for 
foreign operations, export financing, and related programs, 
which are returned or not made available for organizations and 
programs because of the implementation of section 307(a) of the 
Foreign Assistance Act of 1961, shall remain available for 
obligation until September 30, 2006.

             INDEPENDENT STATES OF THE FORMER SOVIET UNION

    Sec. 517. (a) None of the funds appropriated under the 
heading ``Assistance for the Independent States of the Former 
Soviet Union'' shall be made available for assistance for a 
government of an Independent State of the former Soviet Union 
if that government directs any action in violation of the 
territorial integrity or national sovereignty of any other 
Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act: Provided, That 
such funds may be made available without regard to the 
restriction in this subsection if the President determines that 
to do so is in the national security interest of the United 
States.
    (b) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for any state to enhance its 
military capability: Provided, That this restriction does not 
apply to demilitarization, demining or nonproliferation 
programs.
    (c) Funds appropriated under the heading ``Assistance for 
the Independent States of the Former Soviet Union'' for the 
Russian Federation, Armenia, Georgia, and Ukraine shall be 
subject to the regular notification procedures of the 
Committees on Appropriations.
    (d) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject 
to the provisions of section 117 (relating to environment and 
natural resources) of the Foreign Assistance Act of 1961.
    (e) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated in this Act or prior 
appropriations Acts under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' and under 
comparable headings in prior appropriations Acts, for projects 
or activities that have as one of their primary purposes the 
fostering of private sector development, the Coordinator for 
United States Assistance to Europe and Eurasia and the 
implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources 
(including volunteer services and in-kind contributions) in 
such projects and activities.

   PROHIBITION OF FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

    Sec. 518. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may 
be used to pay for the performance of abortions as a method of 
family planning or to motivate or coerce any person to practice 
abortions. None of the funds made available to carry out part I 
of the Foreign Assistance Act of 1961, as amended, may be used 
to pay for the performance of involuntary sterilization as a 
method of family planning or to coerce or provide any financial 
incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to 
methods of, or the performance of, abortions or involuntary 
sterilization as a means of family planning. None of the funds 
made available to carry out part I of the Foreign Assistance 
Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use 
of these funds by any such country or organization would 
violate any of the above provisions related to abortions and 
involuntary sterilizations.

                 EXPORT FINANCING TRANSFER AUTHORITIES

    Sec. 519. Not to exceed 5 percent of any appropriation 
other than for administrative expenses made available for 
fiscal year 2005, for programs under title I of this Act may be 
transferred between such appropriations for use for any of the 
purposes, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, 
except as otherwise specifically provided, shall be increased 
by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                   SPECIAL NOTIFICATION REQUIREMENTS

    Sec. 520. None of the funds appropriated by this Act shall 
be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, 
Pakistan, or Cambodia except as provided through the regular 
notification procedures of the Committees on Appropriations.

              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

    Sec. 521. For the purpose of this Act, ``program, project, 
and activity'' shall be defined at the appropriations Act 
account level and shall include all appropriations and 
authorizations Acts earmarks, ceilings, and limitations with 
the exception that for the following accounts: Economic Support 
Fund and Foreign Military Financing Program, ``program, 
project, and activity'' shall also be considered to include 
country, regional, and central program level funding within 
each such account; for the development assistance accounts of 
the United States Agency for International Development 
``program, project, and activity'' shall also be considered to 
include central, country, regional, and program level funding, 
either as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of 
the enactment of this Act, as required by section 653(a) of the 
Foreign Assistance Act of 1961.

                  CHILD SURVIVAL AND HEALTH ACTIVITIES

    Sec. 522. Up to $13,500,000 of the funds made available by 
this Act for assistance under the heading ``Child Survival and 
Health Programs Fund'', may be used to reimburse United States 
Government agencies, agencies of State governments, 
institutions of higher learning, and private and voluntary 
organizations for the full cost of individuals (including for 
the personal services of such individuals) detailed or assigned 
to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of 
carrying out activities under that heading: Provided, That up 
to $3,500,000 of the funds made available by this Act for 
assistance under the heading ``Development Assistance'' may be 
used to reimburse such agencies, institutions, and 
organizations for such costs of such individuals carrying out 
other development assistance activities: Provided further, That 
funds appropriated by titles II and III of this Act that are 
made available for bilateral assistance for child survival 
activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision 
of law except for the provisions under the heading ``Child 
Survival and Health Programs Fund'' and the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: 
Provided further, That of the funds appropriated under title II 
of this Act, not less than $441,000,000 shall be made available 
for family planning/reproductive health.

                              AFGHANISTAN

    Sec. 523. Of the funds appropriated by titles II and III of 
this Act, not less than $980,000,000 should be made available 
for humanitarian, reconstruction, and related assistance for 
Afghanistan: Provided, That of the funds made available 
pursuant to this section, not less than $2,000,000 should be 
made available for reforestation activities: Provided further, 
That funds made available pursuant to the previous proviso 
should be matched, to the maximum extent possible, with 
contributions from American and Afghan businesses: Provided 
further, That of the funds made available pursuant to this 
section, not less than $2,000,000 should be made available for 
the Afghan Independent Human Rights Commission and for other 
Afghan human rights organizations: Provided further, That to 
the maximum extent practicable members of the Afghan National 
Army should be vetted for involvement in terrorism, human 
rights violations, and drug trafficking: Provided further, That 
of the funds allocated for assistance for Afghanistan from this 
Act and other Acts making appropriations for foreign 
operations, export financing, and related programs for fiscal 
year 2005, not less than $50,000,000 should be made available 
to support programs that directly address the needs of Afghan 
women and girls, of which not less than $7,500,000 shall be 
made available for small grants to support training and 
equipment to improve the capacity of women-led Afghan 
nongovernmental organizations and to support the activities of 
such organizations.

                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    Sec. 524. Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign 
Assistance Act of 1961, the Department of Defense shall notify 
the Committees on Appropriations to the same extent and under 
the same conditions as are other committees pursuant to 
subsection (f) of that section: Provided, That before issuing a 
letter of offer to sell excessdefense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

                                HIV/AIDS

    Sec. 525. (a)(1) Notwithstanding any other provision of 
this Act, 25 percent of the funds that are appropriated by this 
Act for a contribution to support the Global Fund to Fight 
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be 
withheld from obligation to the Global Fund until the Secretary 
of State certifies to the Committees on Appropriations that the 
Global Fund--
            (A) is establishing a full time, professional, 
        independent office which reports directly to the Global 
        Fund Board regarding, among other things, the integrity 
        of processes for consideration and approval of grant 
        proposals, and the implementation, monitoring and 
        evaluation of grants made by the Global Fund;
            (B) is strengthening domestic civil society 
        participation, especially for people living with HIV/
        AIDS, in country coordinating mechanisms;
            (C) is establishing procedures to assess the need 
        for, and coordinate, technical assistance for Global 
        Fund activities, in cooperation with bilateral and 
        multilateral donors;
            (D) has established clear progress indicators upon 
        which to determine the release of incremental 
        disbursements;
            (E) is releasing such incremental disbursements 
        only if positive results have been attained based on 
        those indicators; and
            (F) is providing support and oversight to country-
        level entities, such as country coordinating 
        mechanisms, principal recipients, and local Fund 
        agents, to enable them to fulfill their mandates.
    (2) The Secretary of State may waive paragraph (1) of this 
subsection if he determines and reports to the Committees on 
Appropriations that such waiver is important to the national 
interest of the United States.
    (b)(1) In furtherance of the purposes of section 104A of 
the Foreign Assistance Act of 1961, and to assist in providing 
a safe, secure, reliable, and sustainable supply chain of 
pharmaceuticals and other products needed to provide care and 
treatment of persons with HIV/AIDS and related infections, the 
Coordinator of the United States Government Activities to 
Combat HIV/AIDS Globally (the ``Coordinator'') is authorized to 
establish an HIV/AIDS Working Capital Fund (in this section 
referred to as the ``HIV/AIDS Fund'').
    (2) Funds deposited during any fiscal year in the HIV/AIDS 
Fund shall be available without fiscal year limitation and used 
for pharmaceuticals and other products needed to provide care 
and treatment of persons with HIV/AIDS and related infections, 
including, but not limited to--
            (A) anti-retroviral drugs;
            (B) other pharmaceuticals and medical items needed 
        to provide care and treatment to persons with HIV/AIDS 
        and related infections;
            (C) laboratory and other supplies for performing 
        tests related to the provision of care and treatment to 
        persons with HIV/AIDS and related infections;
            (D) other medical supplies needed for the operation 
        of HIV/AIDS treatment and care centers, including 
        products needed in programs for the prevention of 
        mother-to-child transmission;
            (E) pharmaceuticals and health commodities needed 
        for the provision of palliative care; and
            (F) laboratory and clinical equipment, as well as 
        equipment needed for the transportation and care of 
        HIV/AIDS supplies, and other equipment needed to 
        provide prevention, care and treatment of HIV/AIDS 
        described above.
    (3) There may be deposited during any fiscal year in the 
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and 
products provided from the HIV/AIDS Fund received from 
applicable appropriations and funds of the United States Agency 
for International Development, the Department of Health and 
Human Services, the Department of Defense, or other Federal 
agencies and other sources at actual cost of the HIV/AIDS 
pharmaceuticals and other products, actual cost plus the 
additional costs of providing such HIV/AIDS pharmaceuticals and 
other products, or at any other price agreed to by the 
Coordinator or his designee.
    (4) There may be deposited in the HIV/AIDS Fund payments 
for the loss of, or damage to, HIV/AIDS pharmaceuticals and 
products held in the HIV/AIDS Fund, rebates, reimbursements, 
refunds and other credits applicable to the operation of the 
HIV/AIDS Fund.
    (5) At the close of each fiscal year the Coordinator may 
transfer out of the HIV/AIDS Fund to other HIV/AIDS 
programmatic areas such amounts as the Coordinator determines 
to be in excess of the needs of the HIV/AIDS Fund.
    (6) At the close of each fiscal year the Coordinator shall 
submit a report to the Committees on Appropriations detailing 
the financial activities of the HIV/AIDS Fund, including 
sources of income and information regarding disbursements.

                           DEMOCRACY PROGRAMS

    Sec. 526. (a) Notwithstanding any other provision of law, 
of the funds appropriated by this Act to carry out the 
provisions of chapter 4 of part II of the Foreign Assistance 
Act of 1961, not less than $19,000,000 shall be made available 
for assistance for activities to support democracy, human 
rights, and the rule of law in the People's Republic of China 
and Hong Kong: Provided, That funds appropriated under the 
heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political 
and legal reforms: Provided further, That such funds shall only 
be made available to the extent that they are matched from 
sources other than the United States Government: Provided 
further, That funds made available pursuant to the authority of 
this subsection shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b)(1) In addition to the funds made available in 
subsection (a), of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' not less than $15,000,000 
shall be made available for programs and activities to foster 
democracy, human rights, civic education, women's development, 
press freedom, and the rule of law in countries with a 
significant Muslim population, and where such programs and 
activities would be important to United States efforts to 
respond to, deter, or prevent acts of international terrorism: 
Provided, That funds made available pursuant to the authority 
of this subsection should support new initiatives and 
activities in those countries: Provided further, That of the 
funds appropriated under this heading, $3,000,000 shall be made 
available for programs and activities that provide professional 
training for journalists: Provided further, That 
notwithstanding any other provision of law, not less than 
$3,000,000 of such funds may be used for making grants to 
educational, humanitarian and nongovernmental organizations and 
individuals inside Iran to support the advancement of democracy 
and human rights in Iran: Provided further, That 
notwithstanding any other provision of law, funds appropriated 
pursuant to the authority of this subsection may be made 
available for democracy, human rights, and rule of law programs 
for Syria: Provided further, That funds made available pursuant 
to this subsection shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (2) In addition to funds made available under subsections 
(a) and (b)(1), of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' not less than $4,500,000 
shall be made available for programs and activities of the 
National Endowment for Democracy to foster democracy, human 
rights, civic education, women's development, press freedom, 
and the rule of law in countries in sub-Saharan Africa.
    (c) Of the funds made available under subsection (a), not 
less than $15,000,000 shall be made available for the Human 
Rights and Democracy Fund of the Bureau of Democracy, Human 
Rights and Labor, Department of State, to support the 
activities described in subsection (a), and of the funds made 
available under subsection (b)(1), not less than $11,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b)(1): Provided, That up to $1,200,000 
may be used for the Reagan/Fascell Democracy Fellows program: 
Provided further, That the total amount of funds made available 
bythis Act under ``Economic Support Fund'' for activities of 
the Bureau of Democracy, Human Rights and Labor, Department of State, 
including funds available in this section, shall be not less than 
$37,000,000.
    (d) Of the funds made available under subsection (a), not 
less than $4,000,000 shall be made available for the National 
Endowment for Democracy to support the activities described in 
subsection (a), and of the funds made available under 
subsection (b)(1), not less than $4,000,000 shall be made 
available for the National Endowment for Democracy to support 
the activities described in subsection (b)(1): Provided, That 
the Secretary of State shall provide a report to the Committees 
on Appropriations within 120 days of the date of enactment of 
this Act on the status of the allocation and obligation of such 
funds.

       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    Sec. 527. (a) Funds appropriated for bilateral assistance 
under any heading of this Act and funds appropriated under any 
such heading in a provision of law enacted prior to the 
enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any 
        individual or group which has committed an act of 
        international terrorism; or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection 
(a) to a country if the President determines that national 
security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register 
and, at least 15 days before the waiver takes effect, shall 
notify the Committees on Appropriations of the waiver 
(including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on 
Appropriations.

                          DEBT-FOR-DEVELOPMENT

    Sec. 528. In order to enhance the continued participation 
of nongovernmental organizations in debt-for-development and 
debt-for-nature exchanges, a nongovernmental organization which 
is a grantee or contractor of the United States Agency for 
International Development may place in interest bearing 
accounts local currencies which accrue to that organization as 
a result of economic assistance provided under title II of this 
Act and, subject to the regular notification procedures of the 
Committees on Appropriations, any interest earned on such 
investment shall be used for the purpose for which the 
assistance was provided to that organization.

                           SEPARATE ACCOUNTS

    Sec. 529. (a) Separate Accounts for Local Currencies.--(1) 
If assistance is furnished to the government of a foreign 
country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which 
result in the generation of local currencies of that country, 
the Administrator of the United States Agency for International 
Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government 
        which sets forth--
                    (i) the amount of the local currencies to 
                be generated; and
                    (ii) the terms and conditions under which 
                the currencies so deposited may be utilized, 
                consistent with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for 
        International Development and that government to 
        monitor and account for deposits into and disbursements 
        from the separate account.
    (2) Uses of local currencies.--As may be agreed upon with 
the foreign government, local currencies deposited in a 
separate account pursuant to subsection (a), or an equivalent 
amount of local currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or 
        chapter 4 of part II (as the case may be), for such 
        purposes as--
                    (i) project and sector assistance 
                activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the 
        United States Government.
    (3) Programming accountability.--The United States Agency 
for International Development shall take all necessary steps to 
ensure that the equivalent of the local currencies disbursed 
pursuant to subsection (a)(2)(A) from the separate account 
established pursuant to subsection (a)(1) are used for the 
purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of assistance programs.--Upon termination 
of assistance to a country under chapter 1 or 10 of part I or 
chapter 4 of part II (as the case may be), any unencumbered 
balances of funds which remain in a separate account 
established pursuant to subsection (a) shall be disposed of for 
such purposes as may be agreed to by the government of that 
country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United 
States Agency for International Development shall report on an 
annual basis as part of the justification documents submitted 
to the Committees on Appropriations on the use of local 
currencies for the administrative requirements of the United 
States Government as authorized in subsection (a)(2)(B), and 
such report shall include the amount of local currency (and 
United States dollar equivalent) used and/or to be used for 
such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If 
assistance is made available to the government of a foreign 
country, under chapter 1 or 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961, as cash transfer 
assistance or as nonproject sector assistance, that country 
shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds 
may be obligated and expended notwithstanding provisions of law 
which are inconsistent with the nature of this assistance 
including provisions which are referenced in the Joint 
Explanatory Statement of the Committee of Conference 
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
    (3) Notification.--At least 15 days prior to obligating any 
such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular 
notification procedures of the Committees on Appropriations, 
which shall include a detailed description of how the funds 
proposed to be made available will be used, with a discussion 
of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the 
economic policy reforms that will be promoted by such 
assistance).
    (4) Exemption.--Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through 
the notification procedures of the Committees on 
Appropriations.

                      ENTERPRISE FUND RESTRICTIONS

    Sec. 530. (a) Prior to the distribution of any assets 
resulting from any liquidation, dissolution, or winding up of 
an Enterprise Fund, in whole or in part, the President shall 
submit to the Committees on Appropriations, in accordance with 
the regular notification procedures of the Committees on 
Appropriations, a plan for the distribution of the assets of 
the Enterprise Fund.
    (b) Funds made available by this Act for Enterprise Funds 
shall be expended at the minimum rate necessary to make timely 
payment for projects and activities.

                                 BURMA

    Sec. 531. (a) The Secretary of the Treasury shall instruct 
the United States executive director to each appropriate 
international financial institution in which the United States 
participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or 
any other utilization of funds of the respective bank to and 
for Burma.
    (b) Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $8,000,000 shall be made 
available to support democracy activities in Burma, along the 
Burma-Thailand border, for activities of Burmese student groups 
and other organizations located outside Burma, and for the 
purpose of supporting the provision of humanitarian assistance 
to displaced Burmese along Burma's borders: Provided, That 
funds made available under this heading may be made available 
notwithstanding any other provision of law: Provided further, 
That in addition to assistance for Burmese refugees provided 
under the heading ``Migration and Refugee Assistance'' in this 
Act, not less than $4,000,000 shall be allocated to the United 
States Agency for International Development for humanitarian 
assistance for displaced Burmese and host communities in 
Thailand: Provided further, That funds made available under 
this section shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (c) The President shall include amounts expended by the 
Global Fund to Fight AIDS, Tuberculosis and Malaria to the 
State Peace and Development Council in Burma, directly or 
through groups and organizations affiliated with the Global 
Fund, in making determinations regarding the amount to be 
withheld by the United States from its contribution to the 
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law 
108-25.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN 
                         DEVELOPMENT FOUNDATION

    Sec. 532. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropriations 
for foreign operations, export financing, and related programs, 
shall not be construed to prohibit activities authorized by or 
conducted under the Peace Corps Act, the Inter-American 
Foundation Act or the African Development Foundation Act. The 
agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which 
assistance is prohibited.

                  IMPACT ON JOBS IN THE UNITED STATES

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (1) any financial incentive to a business 
        enterprise currently located in the United States for 
        the purpose of inducing such an enterprise to relocate 
        outside the United States if such incentive or 
        inducement is likely to reduce the number of employees 
        of such business enterprise in the United States 
        because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or 
        activity that contributes to the violation of 
        internationally recognized workers rights, as defined 
        in section 507(4) of the Trade Act of 1974, of workers 
        in the recipient country, including any designated zone 
        or area in that country: Provided, That the application 
        of section 507(4) (D) and (E) of such Act should be 
        commensurate with the level of development of the 
        recipient country and sector, and shall not preclude 
        assistance for the informal sector in such country, 
        micro and small-scale enterprise, and smallholder 
        agriculture.

                          SPECIAL AUTHORITIES

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for 
assistance for Afghanistan may be made available 
notwithstanding section 512 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act 
of 1961, and funds appropriated in titles I and II of this Act 
that are made available for Lebanon, Montenegro, Pakistan, and 
for victims of war, displaced children, and displaced Burmese, 
and to assist victims of trafficking in persons and, subject to 
the regular notification procedures of the Committees on 
Appropriations, to combat such trafficking, may be made 
available notwithstanding any other provision of law.
    (b) Tropical Forestry and Biodiversity Conservation 
Activities.--Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106, and chapter 4 of part 
II, of the Foreign Assistance Act of 1961 may be used, 
notwithstanding any other provision of law, for the purpose of 
supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to 
sections 116, 502B, and 620A of the Foreign Assistance Act of 
1961.
    (c) Personal Services Contractors.--Funds appropriated by 
this Act to carry out chapter 1 of part I, chapter 4 of part 
II, and section 667 of the Foreign Assistance Act of 1961, and 
title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be used by the United States Agency for 
International Development to employ up to 25 personal services 
contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim 
support for new or expanded overseas programs and activities 
managed by the agency until permanent direct hire personnel are 
hired and trained: Provided, That not more than 10 of such 
contractors shall be assigned to any bureau or office: Provided 
further, That such funds appropriated to carry out title II of 
the Agricultural Trade Development and Assistance Act of 1954, 
may be made available only for personal services contractors 
assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of 
section 1003 of Public Law 100-204 if the President determines 
and certifies in writing to the Speaker of the House of 
Representatives and the President pro tempore of the Senate 
that it is important to the national security interests of the 
United States.
    (2) Period of application of waiver.--Any waiver pursuant 
to paragraph (1) shall be effective for no more than a period 
of 6 months at a time and shall not apply beyond 12 months 
after the enactment of this Act.
    (e) Small Business.--In entering into multiple award 
indefinite-quantity contracts with funds appropriated by this 
Act, the United States Agency for International Development may 
provide an exception to the fair opportunity process for 
placing task orders under such contracts when the order is 
placed with any category of small or small disadvantaged 
business.
    (f) Contingencies.--During fiscal year 2005, the President 
may use up to $45,000,000 under the authority of section 451 of 
the Foreign Assistance Act of 1961, notwithstanding the funding 
ceiling in section 451(a).
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 
660(b)(6) of the Foreign Assistance Act of 1961, support for a 
nation emerging from instability may be deemed to mean support 
for regional, district, municipal, or other sub-national entity 
emerging from instability, as well as a nation emerging from 
instability.
    (h) World Food Program.--Of the funds managed by the Bureau 
for Democracy, Conflict, and Humanitarian Assistance of the 
United States Agency for International Development, from this 
or any other Act, not less than $6,000,000 shall be made 
available as a general contribution to the World Food Program, 
notwithstanding any other provision of law.
    (i) National Endowment for Democracy.--Funds appropriated 
by this Act that are provided to the National Endowment for 
Democracy may be provided notwithstanding any other provision 
of law or regulation.
    (j) Technical Amendment.--Section 201(a)(2) of the North 
Korean Human Rights Act of 2004 (Public Law 108-333) is amended 
by striking ``paragraphs (1) through (4) of section 202(b)'' 
and inserting ``subparagraphs (A) through (D) of section 
202(b)(1)''.
    (k) Report Modification.--Section 406(b)(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public 
Law 101-246; 22 U.S.C. 2414a(b)(4)) is amended by inserting 
after ``United States'' the following: ``, including a separate 
listing of all plenary votes cast by member countries of the 
United Nations in the General Assembly on resolutions 
specifically related to Israel that are opposed by the United 
States''.
    (l) University Programs.--Notwithstanding any other 
provision of law, funds made available in this Act under the 
heading ``Development Assistance'' may be made available to 
American educational institutions for programs and activities 
in the People's Republic of China relating to the environment, 
democracy, and the rule of law: Provided, That funds made 
available pursuant to this authority shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (m) Indochinese Parolees.--Section 586 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted into 
law by section 101(a) of Public Law 106-429, is amended--
            (1) by striking ``Attorney General'' each place 
        that term appears and inserting ``Secretary of Homeland 
        Security'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), 
                by striking ``she'' and inserting ``the 
                Secretary of Homeland Security''; and
                    (B) in paragraph (1), by striking ``within 
                three years after the date of promulgation by 
                the Attorney General of regulations in 
                connection with this title'';
            (3) in subsection (c), by striking ``212(8)(A)'' 
        and inserting ``212(a)(8)(A)'';
            (4) by striking subsection (d);
            (5) by redesignating subsections (e) and (f) as 
        subsections (d) and (e), respectively;
            (6) by adding at the end the following new 
        subsection:
    ``(f) Adjudication of Applications.--The Secretary of 
Homeland Security shall--
            ``(1) adjudicate applications for adjustment under 
        this section, notwithstanding any limitation on the 
        number of adjustments under this section or any 
        deadline for such applications that previously existed 
        in law or regulation; and
            ``(2) not charge a fee in addition to any fee that 
        previously was submitted with such application.''; and
            (7) The amendments made by this subsection shall 
        take effect as if enacted as part of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 2001.
    (n) Extension of Authority.--Public Law 107-57, as amended, 
is further amended--
            (1) in section 1(b) by striking ``2004'' wherever 
        appearing (including in the caption), and inserting in 
        lieu thereof ``2005'';
            (2) in section 3(2), by striking ``and 2004'' and 
        inserting in lieu thereof ``2004 and 2005''; and
            (3) in section 6, by striking ``2004'' and 
        inserting in lieu thereof ``2005''.
    (o) Endowments.--
            (1) Of the funds appropriated by this Act and prior 
        Acts making appropriations for foreign operations, 
        export financing, and related programs, that are 
        available for assistance for Cambodia, the following 
        amounts should be made available as follows:
                    (A) $2,000,000 for an endowment for a 
                Cambodian nongovernmental organization to 
                document genocide and crimes against humanity 
                in Cambodia; and
                    (B) $3,750,000 for an endowment for an 
                American nongovernmental organization to 
                sustain rehabilitation programs in Cambodia for 
                persons suffering from physical disabilities.
            (2) Such organizations may place amounts made 
        available under this subsection in interest bearing 
        accounts and any interest earned on such investment 
        shall be used for the purpose for which funds were made 
        available under this subsection.
    (p) Extension of Authority.--Chapter 5 of title I of the 
Emergency Wartime Supplemental Appropriations Act, 2003 (Public 
Law 108-11), is amended under the heading ``Loan Guarantees to 
Israel''--
            (1) by striking ``During the period beginning March 
        1, 2003, and ending September 30, 2005,'' and inserting 
        ``During the period beginning March 1, 2003, and ending 
        September 30, 2007,''; and
            (2) by striking ``That if less than the full amount 
        of guarantees authorized to be made available is issued 
        prior to September 30, 2005,'' and inserting ``That if 
        less than the full amount of guarantees authorized to 
        be made available is issued prior to September 30, 
        2007,''.
    (q) Definition.--Section 603 of title VI of Division D of 
the Consolidated Appropriations Act, 2004, Public Law 108-199, 
is amended by adding the following paragraph:
        ``(8) Investments in the people.--The term 
        ``investments in the people'' means government policies 
        or programs of an eligible country that promote the 
        health, education, and other factors which contribute 
        to the well-being and productivity of their people, 
        such as decent, affordable housing for all.''

                     ARAB LEAGUE BOYCOTT OF ISRAEL

    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the 
        secondary boycott of American firms that have 
        commercial ties with Israel, is an impediment to peace 
        in the region and to United States investment and trade 
        in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of 
        Israel immediately disbanded;
            (3) the three Arab League countries with diplomatic 
        and trade relations with Israel should return their 
        ambassadors to Israel, should refrain fromdowngrading 
their relations with Israel, and should play a constructive role in 
securing a peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should 
        normalize relations with their neighbor Israel;
            (5) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott 
        of Israel and find concrete steps to demonstrate that 
        opposition by, for example, taking into consideration 
        the participation of any recipient country in the 
        boycott when determining to sell weapons to said 
        country; and
            (6) the President should report to Congress 
        annually on specific steps being taken by the United 
        States to encourage Arab League states to normalize 
        their relations with Israel to bring about the 
        termination of the Arab League boycott of Israel, 
        including those to encourage allies and trading 
        partners of the United States to enact laws prohibiting 
        businesses from complying with the boycott and 
        penalizing businesses that do comply.

                       ELIGIBILITY FOR ASSISTANCE

    Sec. 536. (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, 11, and 12 
of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading 
``Assistance for Eastern Europe and the Baltic States'': 
Provided, That before using the authority of this subsection to 
furnish assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 2005, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that support 
        international terrorism; or
            (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to the government of a 
        country that violates internationally recognized human 
        rights.

                         RESERVATIONS OF FUNDS

    Sec. 537. (a) Funds appropriated by this Act which are 
earmarked may be reprogrammed for other programs within the 
same account notwithstanding the earmark if compliance with the 
earmark is made impossible by operation of any provision of 
this or any other Act: Provided, That any such reprogramming 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That assistance 
that is reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally 
provided.
    (b) In addition to the authority contained in subsection 
(a), the original period of availability of funds appropriated 
by this Act and administered by the United States Agency for 
International Development that are earmarked for particular 
programs or activities by this or any other Act shall be 
extended for an additional fiscal year if the Administrator of 
such agency determines and reports promptly to the Committees 
on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it 
unlikely that such earmarked funds can be obligated during the 
original period of availability: Provided, That such earmarked 
funds that are continued available for an additional fiscal 
year shall be obligated only for the purpose of such earmark.

                         CEILINGS AND EARMARKS

    Sec. 538. Ceilings and earmarks contained in this Act shall 
not be applicable to funds or authorities appropriated or 
otherwise made available by any subsequent Act unless such Act 
specifically so directs. Earmarks or minimum funding 
requirements contained in any other Act shall not be applicable 
to funds appropriated by this Act.

                 PROHIBITION ON PUBLICITY OR PROPAGANDA

    Sec. 539. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes within 
the United States not authorized before the date of the 
enactment of this Act by the Congress: Provided, That not to 
exceed $750,000 may be made available to carry out the 
provisions of section 316 of Public Law 96-533.

           PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

    Sec. 540. None of the funds appropriated or made available 
pursuant to this Act for carrying out the Foreign Assistance 
Act of 1961, may be used to pay in whole or in part any 
assessments, arrearages, or dues of any member of the United 
Nations or, from funds appropriated by this Act to carry out 
chapter 1 of part I of the Foreign Assistance Act of 1961, the 
costs for participation of another country's delegation at 
international conferences held under the auspices of 
multilateral or international organizations.

              NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION

    Sec. 541. None of the funds appropriated or made available 
pursuant to this Act shall be available to a nongovernmental 
organization which fails to provide upon timely request any 
document, file, or record necessary to the auditing 
requirements of the United States Agency for International 
Development.

  PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL 
   MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

    Sec. 542. (a) None of the funds appropriated or otherwise 
made available by this Act may be available to any foreign 
government which provides lethal military equipment to a 
country the government of which the Secretary of State has 
determined is a terrorist government for purposes of section 
6(j) of the Export Administration Act. The prohibition under 
this section with respect to a foreign government shall 
terminate 12 months after that government ceases to provide 
such military equipment. This section applies with respect to 
lethal military equipment provided under a contract entered 
into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President 
determines that furnishing such assistance is important to the 
national interests of the United States.
    (c) Whenever the waiver authority of subsection (b) is 
exercised, the President shall submit to the appropriate 
congressional committees a report with respect to the 
furnishing of such assistance. Any such report shall include a 
detailed explanation of the assistance to be provided, 
including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States 
national interests.

  WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES 
                       OWED BY FOREIGN COUNTRIES

    Sec. 543. (a) Subject to subsection (c), of the funds 
appropriated by this Act that are made available for assistance 
for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central 
government of such country shall be withheld from obligation 
for assistance for the central government of such country until 
the Secretary of State submits a certification to the 
appropriate congressional committees stating that such parking 
fines and penalties and unpaid property taxes are fully paid.
    (b) Funds withheld from obligation pursuant to subsection 
(a) may be made available for other programs or activities 
funded by this Act, after consultation with and subject to the 
regular notification procedures of the appropriate 
congressional committees, provided that no such funds shall be 
made available for assistance for the central government of a 
foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property 
taxes owed by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements 
set forth in subsection (a) with respect to parking fines and 
penalties no sooner than 60 days from the date of enactment of 
this Act, or at any time with respect to a particular country, 
if the Secretary determines that it is in the national 
interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set 
forth in subsection (a) with respect to the unpaid property 
taxes if the Secretary of State determines that it is in the 
national interests of the United States to do so.
    (e) Not later than 6 months after the initial exercise of 
the waiver authority in subsection (d), the Secretary of State, 
after consultations with the City of New York, shall submit a 
report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being 
taken, to collect the parking fines and penalties and unpaid 
property taxes and interest owed by nations receiving foreign 
assistance under this Act.
    (f) In this section:
            (1) The term ``appropriate congressional 
        committees'' means the Committee on Appropriations of 
        the Senate and the Committee on Appropriations of the 
        House of Representatives.
            (2) The term ``fully adjudicated'' includes 
        circumstances in which the person to whom the vehicle 
        is registered--
                    (A)(i) has not responded to the parking 
                violation summons; or
                    (ii) has not followed the appropriate 
                adjudication procedure to challenge the 
                summons; and
                    (B) the period of time for payment of or 
                challenge to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means 
        parking fines and penalties--
                    (A) owed to--
                            (i) the District of Columbia; or
                            (ii) New York, New York; and
                    (B) incurred during the period April 1, 
                1997 through September 30, 2004.
            (4) The term ``unpaid property taxes'' means the 
        amount of unpaid taxes and interest determined to be 
        owed by a foreign country on real property in the 
        District of Columbia or New York, New York in a court 
        order or judgment entered against such country by a 
        court of the United States or any State or subdivision 
        thereof.

    LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA

    Sec. 544. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation 
Organization for the West Bank and Gaza unless the President 
has exercised the authority under section 604(a) of the Middle 
East Peace Facilitation Act of 1995 (title VI of Public Law 
104-107) or any other legislation to suspend or make 
inapplicable section 307 of the Foreign Assistance Act of 1961 
and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or 
to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance 
for the Palestine Liberation Organization for the West Bank and 
Gaza.

                     WAR CRIMES TRIBUNALS DRAWDOWN

    Sec. 545. If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide 
or other violations of international humanitarian law, the 
President may direct a drawdown pursuant to section 552(c) of 
the Foreign Assistance Act of 1961 of up to $30,000,000 of 
commodities and services for the United Nations War Crimes 
Tribunal established with regard to the former Yugoslavia by 
the United Nations Security Council or such other tribunals or 
commissions as the Council may establish or authorize to deal 
with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the 
determination required under this section shall be in lieu of 
any determinations otherwise required under section 552(c): 
Provided further, That the drawdown made under this section for 
any tribunal shall not be construed as an endorsement or 
precedent for the establishment of any standing or permanent 
international criminal tribunal or court: Provided further, 
That funds made available for tribunals other than Yugoslavia, 
Rwanda, or the Special Court for Sierra Leone shall be made 
available subject to the regular notification procedures of the 
Committees on Appropriations.

                               LANDMINES

    Sec. 546. Notwithstanding any other provision of law, 
demining equipment available to the United States Agency for 
International Development and the Department of State and used 
in support of the clearance of landmines and unexploded 
ordnance for humanitarian purposes may be disposed of on a 
grant basis in foreign countries, subject to such terms and 
conditions as the President may prescribe.

           RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

    Sec. 547. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new 
office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza 
and Jericho or any successor Palestinian governing entity 
provided for in the Israel-PLO Declaration of Principles: 
Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate 
General in Jerusalem: Provided further, That meetings between 
officers and employees of the United States and officials of 
the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United 
States Government business with such authority should continue 
to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States 
Government may continue to meet in Jerusalem on other subjects 
with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have 
incidental discussions.

               PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

    Sec. 548. None of the funds appropriated or otherwise made 
available by this Act under the heading ``International 
Military Education and Training'' or ``Foreign Military 
Financing Program'' for Informational Program activities or 
under the headings ``Child Survival and Health Programs Fund'', 
``Development Assistance'', and ``Economic Support Fund'' may 
be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including 
        but not limited to entrance fees at sporting events, 
        theatrical and musical productions, and amusement 
        parks.

                                 HAITI

    Sec. 549. (a) Of the funds appropriated by this Act, not 
less than the following amounts shall be made available for 
assistance for Haiti--
            (1) $20,000,000 from ``Child Survival and Health 
        Programs Fund'';
            (2) $25,000,000 from ``Development Assistance'', of 
        which funds should be made available for poverty 
        reduction, agriculture, environment, and basic 
        education programs; and
            (3) $40,000,000 from ``Economic Support Fund'', of 
        which funds should be made available for judicial 
        reform programs, police training, and activities in 
        support of national elections.
    (b) The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act 
(22 U.S.C. 2751 et seq.), for the Coast Guard.

         LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

    Sec. 550. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the 
Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) 
shall not apply if the President certifies in writing to the 
Speaker of the House of Representatives and the President pro 
tempore of the Senate that waiving such prohibition is 
important to the national security interests of the United 
States.
    (c) Period of Application of Waiver.--Any waiver pursuant 
to subsection (b) shall be effective for no more than a period 
of 6 months at a time and shall not apply beyond 12 months 
after the enactment of this Act.
    (d) Report.--Whenever the waiver authority pursuant to 
subsection (b) is exercised, the President shall submit a 
report to the Committees on Appropriations detailing the steps 
the Palestinian Authority has taken to arrest terrorists, 
confiscate weapons and dismantle the terrorist infrastructure. 
The report shall also include a description of how funds will 
be spent and the accounting procedures in place to ensure that 
they are properly disbursed.

              LIMITATION ON ASSISTANCE TO SECURITY FORCES

    Sec. 551. None of the funds made available by this Act may 
be provided to any unit of the security forces of a foreign 
country if the Secretary of State has credible evidence that 
such unit has committed gross violations of human rights, 
unless the Secretary determines and reports to the Committees 
on Appropriations that the government of such country is taking 
effective measures to bring the responsible members of the 
security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by 
this Act from any unit of the security forces of a foreign 
country not credibly alleged to be involved in gross violations 
of human rights: Provided further, That in the event that funds 
are withheld from any unit pursuant to this section, the 
Secretary of State shall promptly inform the foreign government 
of the basis for such action and shall, to the maximum extent 
practicable, assist the foreign government in taking effective 
measures to bring the responsible members of the security 
forces to justice.

                    FOREIGN MILITARY TRAINING REPORT

    Sec. 552. The annual foreign military training report 
required by section 656 of the Foreign Assistance Act of 1961 
shall be submitted by the Secretary of Defense and the 
Secretary of State to the Committees on Appropriations of the 
House of Representatives and the Senate by the date specified 
in that section.

                       AUTHORIZATION REQUIREMENT

    Sec. 553. Funds appropriated by this Act, except funds 
appropriated under the headings ``Trade and Development 
Agency'', ``Millennium Challenge Corporation'', ``Overseas 
Private Investment Corporation'', and ``Global HIV/AIDS 
Initiative'', may be obligated and expended notwithstanding 
section 10 of Public Law 91-672 and section 15 of the State 
Department Basic Authorities Act of 1956.

                                CAMBODIA

    Sec. 554. (a) The Secretary of the Treasury should instruct 
the United States executive directors of the international 
financial institutions to use the voice and vote of the United 
States to oppose loans to the Central Government of Cambodia, 
except loans to meet basic human needs.
    (b)(1) None of the funds appropriated by this Act may be 
made available for assistance for the Central Government of 
Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic 
education, reproductive and maternal and child health, cultural 
and historic preservation, programs for the prevention, 
treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, malaria, polio and other infectious diseases, 
development and implementation of legislation and 
implementation of procedures on inter-country adoptions 
consistent with international standards, rule of law programs, 
counternarcotics programs, programs to combat human trafficking 
that are provided through nongovernmental organizations, and 
for the Ministry of Women and Veterans Affairs to combat human 
trafficking.
    (c) Notwithstanding subsection (b), of the funds 
appropriated by this Act under the heading ``Economic Support 
Fund'', up to $4,000,000 may be made available for activities 
to support democracy, including assistance for democratic 
political parties.
    (d) Funds appropriated by this Act to carry out provisions 
of section 541 of the Foreign Assistance Act of 1961 may be 
made available notwithstanding subsection (b) only if at least 
15 days prior to the obligation of such funds, the Secretary of 
State provides to the Committees on Appropriations a list of 
those individuals who have been credibly alleged to have 
ordered or carried out extrajudicial and political killings 
that occurred during the March 1997 grenade attack against the 
Khmer Nation Party.
    (e) None of the funds appropriated or otherwise made 
available by this Act may be used to provide assistance to any 
tribunal established by the Government of Cambodia unless the 
Secretary of State determines and reports to the Committees on 
Appropriations that: (1) Cambodia's judiciary is competent, 
independent, free from widespread corruption, and its decisions 
are free from interference by the executive branch; and (2) the 
proposed tribunal is capable of delivering justice, that meets 
internationally recognized standards, for crimes against 
humanity and genocide in an impartial and credible manner.

                         PALESTINIAN STATEHOOD

    Sec. 555. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a 
Palestinian state unless the Secretary of State determines and 
certifies to the appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing 
        entity has been democratically elected through credible 
        and competitive elections;
            (2) the elected governing entity of a new 
        Palestinian state--
                    (A) has demonstrated a firm commitment to 
                peaceful co-existence with the State of Israel;
                    (B) is taking appropriate measures to 
                counter terrorism and terrorist financing in 
                the West Bank and Gaza, including the 
                dismantling of terrorist infrastructures;
                    (C) is establishing a new Palestinian 
                security entity that is cooperative with 
                appropriate Israeli and other appropriate 
                security organizations; and
            (3) the Palestinian Authority (or the governing 
        body of a new Palestinian state) is working with other 
        countries in the region to vigorously pursue efforts to 
        establish a just, lasting, and comprehensive peace in 
        the Middle East that will enable Israel and an 
        independent Palestinian state to exist within the 
        context of full and normal relationships, which should 
        include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and 
                political independence of every state in the 
                area through measures including the 
                establishment of demilitarized zones;
                    (C) their right to live in peace within 
                secure and recognized boundaries free from 
                threats or acts of force;
                    (D) freedom of navigation through 
                international waterways in the area; and
                    (E) a framework for achieving a just 
                settlement of the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that 
the newly elected governing entity should enact a constitution 
assuring the rule of law, an independent judiciary, and respect 
for human rights for its citizens, and should enact other laws 
and regulations assuring transparent and accountable 
governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is vital to the national security interests 
of the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not 
apply to assistance intended to help reform the Palestinian 
Authority and affiliated institutions, or a newly elected 
governing entity, in order to help meet the requirements of 
subsection (a), consistent with the provisions of section 550 
of this Act (``Limitation on Assistance to the Palestinian 
Authority'').

                                COLOMBIA

    Sec. 556. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated 
by this Act that are available for assistance for the Colombian 
Armed Forces, may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated 
        prior to a determination and certification by the 
        Secretary of State pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be 
        obligated only after the Secretary of State certifies 
        and reports to the appropriate congressional committees 
        that:
                    (A) The Commander General of the Colombian 
                Armed Forces is suspending from the Armed 
                Forces those members, of whatever rank who, 
                according to the Minister of Defense or the 
                Procuraduria General de la Nacion, have been 
                credibly alleged to have committed gross 
                violations of human rights, including extra-
                judicial killings, or to have aided or abetted 
                paramilitary organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of 
                the Colombian Armed Forces, of whatever rank, 
                who have been credibly alleged to have 
                committed gross violations of human rights, 
                including extra-judicial killings, or to have 
                aided or abetted paramilitary organizations, 
                and is promptly punishing those members of the 
                Colombian Armed Forces found to have committed 
                such violations of human rights or to have 
                aided or abetted paramilitary organizations.
                    (C) The Colombian Armed Forces have made 
                substantial progress in cooperating with 
                civilian prosecutors and judicial authorities 
                in such cases (including providing requested 
                information, such as the identity of persons 
                suspended from the Armed Forces and the nature 
                and cause of the suspension, and access to 
                witnesses, relevant military documents, and 
                other requested information).
                    (D) The Colombian Armed Forces have made 
                substantial progress in severing links 
                (including denying access to military 
                intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or 
                tacit cooperation) at the command, battalion, 
                and brigade levels, with paramilitary 
                organizations, especially in regions where 
                these organizations have a significant 
                presence.
                    (E) The Colombian Government is dismantling 
                paramilitary leadership and financial networks 
                by arresting commanders and financial backers, 
                especially in regions where these networks have 
                a significant presence.
            (3) The balance of such funds may be obligated 
        after July 31, 2005, if the Secretary of State 
        certifies and reports to the appropriate congressional 
        committees, after such date, that the Colombian Armed 
        Forces are continuing to meet the conditions contained 
        in paragraph (2) and are conducting vigorous operations 
        to restore government authority and respect for human 
        rights in areas under the effective control of 
        paramilitary and guerrilla organizations.
    (b) Congressional Notification.--Funds made available by 
this Act for the Colombian Armed Forces shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (c) Consultative Process.--Not later than 60 days after the 
date of enactment of this Act, and every 90 days thereafter 
until September 30, 2006, the Secretary of State shall consult 
with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in that 
subsection.
    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or 
        abetted'' means to provide any support to paramilitary 
        groups, including taking actions which allow, 
        facilitate, or otherwise foster the activities of such 
        groups.
            (2) Paramilitary groups.--The term ``paramilitary 
        groups'' means illegal self-defense groups and illegal 
        security cooperatives.

                          ILLEGAL ARMED GROUPS

    Sec. 557. (a) Denial of Visas to Supporters of Colombian 
Illegal Armed Groups.--Subject to subsection (b), the Secretary 
of State shall not issue a visa to any alien who the Secretary 
determines, based on credible evidence--
            (1) has willfully provided any support to the 
        Revolutionary Armed Forces of Colombia (FARC), the 
        National Liberation Army (ELN), or the United Self-
        Defense Forces of Colombia (AUC), including taking 
        actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such 
        groups; or
            (2) has committed, ordered, incited, assisted, or 
        otherwise participated in the commission of gross 
        violations of human rights, including extra-judicial 
        killings, in Colombia.
    (b) Waiver.--Subsection (a) shall not apply if the 
Secretary of State determines and certifies to the appropriate 
congressional committees, on a case-by-case basis, that the 
issuance of a visa to the alien is necessary to support the 
peace process in Colombia or for urgent humanitarian reasons.

 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

    Sec. 558. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, 
technical support, consulting services, or any other form of 
assistance to the Palestinian Broadcasting Corporation.

                       WEST BANK AND GAZA PROGRAM

    Sec. 559. (a) Oversight.--For fiscal year 2005, 30 days 
prior to the initial obligation of funds for the bilateral West 
Bank and Gaza Program, the Secretary of State shall certify to 
the appropriate committees of Congress that procedures have 
been established to assure the Comptroller General of the 
United States will have access to appropriate United States 
financial information in order to review the uses of United 
States assistance for the Program funded under the heading 
``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated 
by this Act under the heading ``Economic Support Fund'' for 
assistance for the West Bank and Gaza, the Secretary of State 
shall take all appropriate steps to ensure that such assistance 
is not provided to or through any individual, private or 
government entity, or educational institution that the 
Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity. 
The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out 
this subsection and shall terminate assistance to any 
individual, entity, or educational institution which he has 
determined to be involved in or advocating terrorist activity.
    (c) Prohibition.--None of the funds appropriated by this 
Act for assistance under the West Bank and Gaza program may be 
made available for the purpose of recognizing or otherwise 
honoring individuals who commit, or have committed, acts of 
terrorism.
    (d) Audits.--
            (1) The Administrator of the United States Agency 
        for International Development shall ensure that Federal 
        or non-Federal audits of all contractors and grantees, 
        and significant subcontractors and subgrantees, under 
        the West Bank and Gaza Program, are conducted at least 
        on an annual basis to ensure, among other things, 
        compliance with this section.
            (2) Of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'' that are made 
        available for assistance for the West Bank and Gaza, up 
        to $1,000,000 may be used by the Office of the 
        Inspector General of the United States Agency for 
        International Development for audits, inspections, and 
        other activities in furtherance of the requirements of 
        this subsection. Such funds are in addition to funds 
        otherwise available for such purposes.

            CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

    Sec. 560. (a) Limitations on Amount of Contribution.--Of 
the amounts made available under ``International Organizations 
and Programs'' and ``Child Survival and Health Programs Fund'' 
for fiscal year 2005, $34,000,000 shall be made available for 
the United Nations Population Fund (hereafter in this section 
referred to as the ``UNFPA''): Provided, That of this amount, 
not less than $25,000,000 shall be derived from funds 
appropriated under the heading ``International Organizations 
and Programs''.
    (b) Availability of Funds.--Funds appropriated under the 
heading ``International Organizations and Programs'' in this 
Act that are available for UNFPA, that are not made available 
for UNFPA because of the operation of any provision of law, 
shall be transferred to ``Child Survival and Health Programs 
Fund'' and shall be made available for family planning, 
maternal, and reproductive health activities, subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (c) Reprogramming of Funds.--Of the funds appropriated in 
Public Law 108-199 that were available for the UNFPA, 
$12,500,000 shall be made available for anti-trafficking 
programs: Provided, That of the funds appropriated in Public 
Law 108-199 that were available for the UNFPA, $12,500,000 
shall be made available for the family planning, maternal, and 
reproductive health activities of the United States Agency for 
International Development in Albania, Azerbaijan, the 
Democratic Republic of the Congo, Ethiopia, Georgia, Haiti, 
Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, 
Uganda, and the Ukraine: Provided further, That such programs 
and activities shall be deemed to have been justified to 
Congress.
    (d) Prohibition on Use of Funds in China.--None of the 
funds made available under ``International Organizations and 
Programs'' may be made available for the UNFPA for a country 
program in the People's Republic of China.
    (e) Conditions on Availability of Funds.--Amounts made 
available under ``International Organizations and Programs'' 
for fiscal year 2005 for the UNFPA may not be made available to 
UNFPA unless--
            (1) the UNFPA maintains amounts made available to 
        the UNFPA under this section in an account separate 
        from other accounts of the UNFPA;
            (2) the UNFPA does not commingle amounts made 
        available to the UNFPA under this section with other 
        sums; and
            (3) the UNFPA does not fund abortions.

                             WAR CRIMINALS

    Sec. 561. (a)(1) None of the funds appropriated or 
otherwise made available pursuant to this Act may be made 
available for assistance, and the Secretary of the Treasury 
shall instruct the United States executive directors to the 
international financial institutions to vote against any new 
project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as 
determined by the Secretary of State, to take necessary and 
significant steps to implement its international legal 
obligations to apprehend and transfer to the International 
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'') 
all persons in their territory who have been indicted by the 
Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such 
country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access 
        for investigators to archives and witnesses, the 
        provision of documents, and the surrender and transfer 
        of indictees or assistance in their apprehension; and
            (2) are acting consistently with the Dayton 
        Accords.
    (c) Not less than 10 days before any vote in an 
international financial institution regarding the extension of 
any new project involving financial or technical assistance or 
grants to any country or entity described in subsection (a), 
the Secretary of the Treasury, in consultation with the 
Secretary of State, shall provide to the Committees on 
Appropriations a written justification for the proposed 
assistance, including an explanation of the United States 
position regarding any such vote, as well as a description of 
the location of the proposed assistance by municipality, its 
purpose, and its intended beneficiaries.
    (d) In carrying out this section, the Secretary of State, 
the Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult 
with representatives of human rights organizations and all 
government agencies with relevant information to help prevent 
indicted war criminals from benefiting from any financial or 
technical assistance or grants provided to any country or 
entity described in subsection (a).
    (e) The Secretary of State may waive the application of 
subsection (a) with respect to projects within a country, 
entity, or municipality upon a written determination to the 
Committees on Appropriations that such assistance directly 
supports the implementation of the Dayton Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the 
        Federation of Bosnia and Herzegovina, Kosovo, 
        Montenegro and the Republika Srpska.
            (3) Municipality.--The term ``municipality'' means 
        a city, town or other subdivision within a country or 
        entity as defined herein.
            (4) Dayton accords.--The term ``Dayton Accords'' 
        means the General Framework Agreement for Peace in 
        Bosnia and Herzegovina, together with annexes relating 
        thereto, done at Dayton, November 10 through 16, 1995.

                               USER FEES

    Sec. 562. The Secretary of the Treasury shall instruct the 
United States Executive Director at each international 
financial institution (as defined in section 1701(c)(2) of the 
International Financial Institutions Act) and the International 
Monetary Fund to oppose any loan, grant, strategy or policy of 
these institutions that would require user fees or service 
charges on poor people for primary education or primary 
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal 
well-being, in connection with the institutions' financing 
programs.

                           FUNDING FOR SERBIA

    Sec. 563. (a) Funds appropriated by this Act may be made 
available for assistance for the central Government of Serbia 
after May 31, 2005, if the President has made the determination 
and certification contained in subsection (c).
    (b) After May 31, 2005, the Secretary of the Treasury 
should instruct the United States executive directors to the 
international financial institutions to support loans and 
assistance to the Government of Serbia and Montenegro subject 
to the conditions in subsection (c): Provided, That section 576 
of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997, as amended, shall not apply 
to the provision of loans and assistance to the Government of 
Serbia and Montenegro through international financial 
institutions.
    (c) The determination and certification referred to in 
subsection (a) is a determination by the President and a 
certification to the Committees on Appropriations that the 
Government of Serbia and Montenegro is--
            (1) cooperating with the International Criminal 
        Tribunal for the former Yugoslavia including access for 
        investigators, the provision of documents, and the 
        surrender and transfer of indictees or assistance in 
        their apprehension, including making all practicable 
        efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the 
        Dayton Accords to end Serbian financial, political, 
        security and other support which has served to maintain 
        separate Republika Srpska institutions; and
            (3) taking steps to implement policies which 
        reflect a respect for minority rights and the rule of 
        law.
    (d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy.

                   COMMUNITY-BASED POLICE ASSISTANCE

    Sec. 564. (a) Authority.--Funds made available by this Act 
to carry out the provisions of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority 
through training and technical assistance in human rights, the 
rule of law, strategic planning, and through assistance to 
foster civilian police roles that support democratic governance 
including assistance for programs to prevent conflict, respond 
to disasters, address gender-based violence, and foster 
improved police relations with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                  SPECIAL DEBT RELIEF FOR THE POOREST

    Sec. 565. (a) Authority To Reduce Debt.--The President may 
reduce amounts owed to the United States (or any agency of the 
United States) by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
            (3) any obligation or portion of such obligation, 
        to pay for purchases of United States agricultural 
        commodities guaranteed by the Commodity Credit 
        Corporation under export credit guarantee programs 
        authorized pursuant to section 5(f) of the Commodity 
        Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of 
        the Agricultural Trade Act of 1978, as amended (Public 
        Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international 
        narcotics control matters;
            (4) (including its military or other security 
        forces) does not engage in a consistent pattern of 
        gross violations of internationally recognized human 
        rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to the funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for the purposes of any provision of law limiting assistance to 
a country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961 or section 321 of the International 
Development and Food Assistance Act of 1975.

             AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

    Sec. 566. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain 
        loans.--Notwithstanding any other provision of law, the 
        President may, in accordance with this section, sell to 
        any eligible purchaser any concessional loan or portion 
        thereof made before January 1, 1995, pursuant to the 
        Foreign Assistance Act of 1961, to the government of 
        any eligible country as defined in section 702(6) of 
        that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-
                development swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country 
                of its own qualified debt, only if the eligible 
                country uses an additional amount of the local 
                currency of the eligible country, equal to not 
                less than 40 percent of the price paid for such 
                debt by such eligible country, or the 
                difference between the price paid for such debt 
                and the face value of such debt, to support 
                activities that link conservation and 
                sustainable use of natural resources with local 
                community development, and child survival and 
                other child development, in a manner consistent 
                with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, 
                or cancellation would not contravene any term 
                or condition of any prior agreement relating to 
                such loan.
            (2) Terms and conditions.--Notwithstanding any 
        other provision of law, the President shall, in 
        accordance with this section, establish the terms and 
        conditions under which loans may be sold, reduced, or 
        canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in 
        section 702(8) of the Foreign Assistance Act of 1961, 
        shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign 
        Assistance Act of 1961 of purchasers that the President 
        has determined to be eligible, and shall direct such 
        agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such 
        agency shall make adjustment in its accounts to reflect 
        the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection 
        shall be available only to the extent that 
        appropriations for the cost of the modification, as 
        defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or 
canceled pursuant to this section shall be deposited in the 
United States Government account or accounts established for 
the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the 
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this 
section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans 
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.

                            BASIC EDUCATION

    Sec. 567. Of the funds appropriated by title II of this 
Act, not less than $400,000,000 shall be made available for 
basic education.

                        RECONCILIATION PROGRAMS

    Sec. 568. Of the funds appropriated under the heading 
``Economic Support Fund'', not less than $12,000,000 shall be 
made available to support reconciliation programs and 
activities which bring together individuals of different 
ethnic, religious, and political backgrounds from areas of 
civil conflict and war.

                                 SUDAN

    Sec. 569. (a) Availability of Funds.--Of the funds 
appropriated by title II of this Act, not less than 
$311,000,000 should be made available for assistance for Sudan.
    (b) Limitation on Assistance.--Subject to section (c):
            (1) Notwithstanding section 501(a) of the 
        International Malaria Control Act of 2000 (Public Law 
        106-570) or any other provision of law, none of the 
        funds appropriated by this Act may be made available 
        for assistance for the Government of Sudan.
            (2) None of the funds appropriated by this Act may 
        be made available for the cost, as defined in section 
        502, of the Congressional Budget Act of 1974, of 
        modifying loans and loan guarantees held by the 
        Government of Sudan, including the cost of selling, 
        reducing, or canceling amounts owed to the United 
        States, and modifying concessional loans, guarantees, 
        and credit agreements.
    (c) Subsection (b) shall not apply if the Secretary of 
State determines and certifies to the Committees on 
Appropriations that--
            (1) the Government of Sudan has taken significant 
        steps to disarm and disband government-supported 
        militia groups in the Darfur region;
            (2) the Government of Sudan and all government-
        supported militia groups are honoring their commitments 
        made in the cease-fire agreement of April 8, 2004; and
            (3) the Government of Sudan is allowing unimpeded 
        access to Darfur to humanitarian aid organizations, the 
        human rights investigation and humanitarian teams of 
        the United Nations, including protection officers, and 
        an international monitoring team that is based in 
        Darfur and that has the support of the United States.
    (d) Exceptions.--The provisions of subsection (b) shall not 
apply to--
            (1) humanitarian assistance; and
            (2) assistance for Darfur and for areas outside the 
        control of the Government of Sudan.
    (e) Notification.--Not more than $45,000,000 of the funds 
appropriated by this Act under the headings ``International 
Disaster and Famine Assistance'' and ``Transition Initiatives'' 
may be made available for assistance for Sudan outside of the 
Darfur region unless written notice has been provided to the 
Committees on Appropriations not less than 5 days prior to the 
obligation of such funds.
    (f) Definitions.--For the purposes of this Act and section 
501 of Public Law 106-570, the terms ``Government of Sudan'', 
``areas outside of control of the Government of Sudan'', and 
``area in Sudan outside of control of the Government of Sudan'' 
shall have the same meaning and application as was the case 
immediately prior to June 5, 2004, and, with regard to 
assistance in support of a viable peace agreement, Southern 
Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
      (g) Appropriation.--In addition to amounts appropriated 
elsewhere in this Act, $75,000,000 is hereby appropriated for 
``Peacekeeping Operations'' to support peace and humanitarian 
intervention operations for Sudan, and $18,000,000 is hereby 
appropriated for ``International Disaster and Famine 
Assistance'' for humanitarian assistance and related activities 
in Sudan: Provided, That the entire amount appropriated in this 
subsection is designated as an emergency requirement pursuant 
to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287: Provided further, That the Secretary of 
State shall consult with the Committees on Appropriations 
regarding the proposed uses of these funds within 30 days of 
the date of enactment of this Act.
    (h) Technical Change.--Section 12 of the International 
Organizations Immunities Act (22 U.S.C. 288f-2) is amended by 
striking ``Organization of African Unity'' and inserting in 
lieu thereof ``African Union''.

                        TRADE CAPACITY BUILDING

    Sec. 570. Of the funds appropriated by this Act, under the 
headings ``Trade and Development Agency'', ``Development 
Assistance'', ``Transition Initiatives'', ``Economic Support 
Fund'', ``International Affairs Technical Assistance'', and 
``International Organizations and Programs'', not less than 
$507,000,000 should be made available for trade capacity 
building assistance: Provided, That $20,000,000 of the funds 
appropriated in this Act under the heading ``Economic Support 
Fund'' shall be made available for labor and environmental 
capacity building activities relating to the free trade 
agreement with the countries of Central America and the 
Dominican Republic.

 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND 
                        CERTAIN OTHER COUNTRIES

    Sec. 571. Notwithstanding section 516(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 
2005, funds available to the Department of Defense may be 
expended for crating, packing, handling, and transportation of 
excess defense articles transferred under the authority of 
section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, 
Former Yugoslavian Republic of Macedonia, Georgia, India, 
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, 
and Uzbekistan.

                               INDONESIA

    Sec. 572. (a) Funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made 
available for assistance for Indonesia, and licenses may be 
issued for the export of lethal defense articles for the 
Indonesian Armed Forces, only if the Secretary of State 
certifies to the appropriate congressional committees that--
            (1) the Armed Forces are taking steps to counter 
        international terrorism, consistent with democratic 
        principles and the rule of law, and in cooperation with 
        countries in the region;
            (2) the Indonesian Government is prosecuting and 
        punishing, in a manner proportional to the crime, 
        members of the Armed Forces, of whatever rank, who have 
        been credibly alleged to have committed gross 
        violations of human rights or to have aided or abetted 
        militia groups;
            (3) at the direction of the President of Indonesia, 
        the Armed Forces are cooperating with civilian judicial 
        authorities and with international efforts to resolve 
        cases of gross violations of human rights in East Timor 
        and elsewhere; and
            (4) at the direction of the President of Indonesia, 
        the Armed Forces are implementing reforms to increase 
        the transparency and accountability of their operations 
        and financial management, including making publicly 
        available audits of receipts and expenditures.
    (b) Funds appropriated under the heading ``International 
Military Education and Training'' may be made available for 
assistance for Indonesia if the Secretary of State determines 
and reports to the Committees on Appropriations that the 
Indonesian Government and Armed Forces are cooperating with the 
Federal Bureau of Investigation's investigation into the August 
31, 2002 murders of two American citizens and one Indonesian 
citizen in Timika, Indonesia: Provided, That this restriction 
shall not apply to expanded international military education 
and training, which may include English language training.

                        LIMITATION ON CONTRACTS

    Sec. 573. None of the funds made available under this Act 
may be used to fund any contract in contravention of section 
8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).

  LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN 
    GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT

    Sec. 574. (a) None of the funds made available in this Act 
in title II under the heading ``Economic Support Fund'' may be 
used to provide assistance to the government of a country that 
is a party to the International Criminal Court and has not 
entered into an agreement with the United States pursuant to 
Article 98 of the Rome Statute preventing the International 
Criminal Court from proceeding against United States personnel 
present in such country.
    (b) The President may, without prior notice to Congress, 
waive the prohibition of subsection (a) with respect to a North 
Atlantic Treaty Organization (``NATO'') member country, a major 
non-NATO ally (including Australia, Egypt, Israel, Japan, 
Jordan, Argentina, the Republic of Korea, and New Zealand), or 
Taiwan if he determines and reports to the appropriate 
congressional committees that it is important to the national 
security interests of the United States to waive such 
prohibition.
    (c) The President may, without prior notice to Congress, 
waive the prohibition of subsection (a) with respect to a 
particular country if he determines and reports to the 
appropriate congressional committees that such country has 
entered into an agreement with the United States pursuant to 
Article 98 of the Rome Statute preventing the International 
Criminal Court from proceeding against United States personnel 
present in such country.
      (d) The prohibition of this section shall not apply to 
countries otherwise eligible for assistance under the 
Millennium Challenge Act of 2003, notwithstanding section 
606(a)(2)(B) of such Act.

          PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

    Sec. 575. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended 
to finance any assistance to Saudi Arabia: Provided, That the 
President may waive the prohibition of this section if he 
certifies to the Committees on Appropriations, 15 days prior to 
the obligation of funds for assistance for Saudi Arabia, that 
Saudi Arabia is cooperating with efforts to combat 
international terrorism and that the proposed assistance will 
help facilitate that effort.

                          ENVIRONMENT PROGRAMS

    Sec. 576. (a) Funding.--Of the funds appropriated under the 
heading ``Development Assistance'', not less than $165,500,000 
shall be made available for programs and activities which 
directly protect biodiversity, including forests, in developing 
countries, of which not less than $8,000,000 should be made 
available to implement a regional strategy for biodiversity 
conservation in the countries comprising the Amazon basin of 
South America, including to improve the capacity of indigenous 
communities and local law enforcement agencies to protect the 
biodiversity of indigenous reserves, which amount shall be in 
addition to the amounts requested for biodiversity activities 
in these countries in fiscal year 2005: Provided, That of the 
funds appropriated by this Act, not less than $180,000,000 
shall be made available to support clean energy and other 
climate change policies and programs in developing countries, 
of which $100,000,000 should be made available to directly 
promote and deploy energy conservation, energy efficiency, and 
renewable and clean energy technologies, and of which the 
balance should be made available to directly (1) measure, 
monitor, and reduce greenhouse gas emissions; (2) increase 
carbon sequestration activities; and (3) enhance climate change 
mitigation and adaptation programs.
    (b) Climate Change Report.--Not later than 45 days after 
the date on which the President's fiscal year 2006 budget 
request is submitted to Congress, the President shall submit a 
report to the Committees on Appropriations describing in detail 
the following--
            (1) all Federal agency obligations and 
        expenditures, domestic and international, for climate 
        change programs and activities in fiscal year 2005, 
        including an accounting of expenditures by agency with 
        each agency identifying climate change activities and 
        associated costs by line item as presented in the 
        President's Budget Appendix; and
            (2) all fiscal year 2004 obligations and estimated 
        expenditures, fiscal year 2005 estimated expenditures 
        and estimated obligations, and fiscal year 2006 
        requested funds by the United States Agency for 
        International Development, by country and central 
        program, for each of the following: (i) to promote the 
        transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; 
        (ii) to assist in the measurement, monitoring, 
        reporting, verification, and reduction of greenhouse 
        gas emissions; (iii) to promote carbon capture and 
        sequestration measures; (iv) to help meet such 
        countries' responsibilities under the Framework 
        Convention on Climate Change; and (v) to develop 
        assessments of the vulnerability to impacts of climate 
        change and mitigation and adaptation response 
        strategies.
    (c) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions 
        and the public that it is the policy of the United 
        States that any assistance by such institutions 
        (including but not limited to any loan, credit, grant, 
        or guarantee) for the extraction and export of oil, 
        gas, coal, timber, or other natural resource should not 
        be provided unless the government of the country has in 
        place or is taking the necessary steps to establish 
        functioning systems for (1) accurately accounting for 
        revenues and expenditures in connection with the 
        extraction and export of the type of natural resource 
        to be extracted or exported; (2) the independent 
        auditing of such accounts and the widespread public 
        dissemination of the audits; and (3) verifying 
        government receipts against company payments including 
        widespread dissemination of such payment information in 
        a manner that does not create competitive disadvantage 
        or disclose proprietary information.
            (2) Not later than 180 days after the enactment of 
        this Act, the Secretary of the Treasury shall submit a 
        report to the Committees on Appropriations describing, 
        for each international financial institution, the 
        amount and type of assistance provided, by country, for 
        the extraction and export of oil, gas, coal, timber, or 
        other national resource since September 30, 2004.

                               UZBEKISTAN

    Sec. 577. Funds appropriated by this Act may be made 
available for assistance for the central Government of 
Uzbekistan only if the Secretary of State determines and 
reports to the Committees on Appropriations that the Government 
of Uzbekistan is making substantial and continuing progress in 
meeting its commitments under the ``Declaration on the 
Strategic Partnership and Cooperation Framework Between the 
Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine 
multi-party system, and ensuring free and fair elections, 
freedom of expression, and the independence of the media.

                              CENTRAL ASIA

    Sec. 578. (a) Funds appropriated by this Act may be made 
available for assistance for the Government of Kazakhstan only 
if the Secretary of State determines and reports to the 
Committees on Appropriations that the Government of Kazakhstan 
has made significant improvements in the protection of human 
rights during the preceding 6 month period.
    (b) The Secretary of State may waive subsection (a) if he 
determines and reports to the Committees on Appropriations that 
such a waiver is in the national security interest of the 
United States.
    (c) Not later than October 1, 2005, the Secretary of State 
shall submit a report to the Committees on Appropriations and 
the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives describing the following:
            (1) The defense articles, defense services, and 
        financial assistance provided by the United States to 
        the countries of Central Asia during the 6-month period 
        ending 30 days prior to submission of such report.
            (2) The use during such period of defense articles, 
        defense services, and financial assistance provided by 
        the United States by units of the armed forces, border 
        guards, or other security forces of such countries.
    (d) For purposes of this section, the term ``countries of 
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
Tajikistan, and Turkmenistan.

                          DISABILITY PROGRAMS

    Sec. 579. (a) Of the funds appropriated by this Act under 
the heading ``Economic Support Fund'', not less than $2,500,000 
shall be made available for programs and activities to address 
the needs and protect the rights of people with disabilities in 
developing countries: Provided, That such funds shall be 
administered by the United States Agency for International 
Development (``USAID'') and the Department of State, and shall 
be available for grants to nongovernmental organizations that 
work on behalf of people with disabilities in such countries.
    (b) The Secretary of State and the USAID Administrator 
shall designate within their respective agencies an individual 
to serve as Disability ``Advisor'' or ``Coordinator'', whose 
function it shall be to ensure that disability rights are 
addressed, where appropriate, in United States policies and 
programs.
    (c) Funds made available under subsection (a) may be made 
available for an international conference on the needs of 
people with disabilities, including disability rights, advocacy 
and access.
    (d) The Secretary of State, the Secretary of the Treasury, 
and the USAID Administrator shall seek to ensure that the needs 
of people with disabilities are addressed, where appropriate, 
in democracy, human rights, and rule of law programs, projects 
and activities supported by the Department of State, Department 
of the Treasury, and USAID.
    (e) The USAID Administrator shall seek to ensure that 
programs, projects and activities administered by USAID comply 
fully with USAID's ``Policy Paper: Disability'' issued on 
September 12, 1997: Provided, That not later than 90 days after 
enactment of this Act, USAID shall implement procedures to 
require that prospective grantees seeking funding from USAID 
specify, when relevant, how the proposed program, project or 
activity for which funding is being requested will include 
protecting the rights and addressing the needs of persons with 
disabilities.

                                ZIMBABWE

    Sec. 580. The Secretary of the Treasury shall instruct the 
United States executive director to each international 
financial institution to vote against any extension by the 
respective institution of any loans to the Government of 
Zimbabwe, except to meet basic human needs or to promote 
democracy, unless the Secretary of State determines and 
certifies to the Committees on Appropriations that the rule of 
law has been restored in Zimbabwe, including respect for 
ownership and title to property, freedom of speech and 
association.

                                 TIBET

    Sec. 581. (a) The Secretary of the Treasury should instruct 
the United States executive director to each international 
financial institution to use the voice and vote of the United 
States to support projects in Tibet if such projects do not 
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of 
Tibetan land and natural resources to non-Tibetans; are based 
on a thorough needs-assessment; foster self-sufficiency of the 
Tibetan people and respect Tibetan culture and traditions; and 
are subject to effective monitoring.
    (b) Notwithstanding any other provision of law, not less 
than $4,000,000 of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' should be made available to 
nongovernmental organizations to support activities which 
preserve cultural traditions and promote sustainable 
development and environmental conservation in Tibetan 
communities in the Tibetan Autonomous Region and in other 
Tibetan communities in China, and not less than $250,000 should 
be made available to the National Endowment for Democracy for 
human rights and democracy programs relating to Tibet.

                                NIGERIA

    Sec. 582. The President shall submit a report to the 
Committees on Appropriations describing the involvement of the 
Nigerian Armed Forces in the incident in Benue State, the 
measures that are being taken to bring such individuals to 
justice, and whether any Nigerian Armed Forces units involved 
with the incident in Benue State are receiving United States 
assistance.

    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

    Sec. 583. None of the funds appropriated under this Act may 
be made available for the Government of the Russian Federation, 
after 180 days from the date of the enactment of this Act, 
unless the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the Russian 
Federation has implemented no statute, executive order, 
regulation or similar government action that would 
discriminate, or which has as its principal effect 
discrimination, against religious groups or religious 
communities in the Russian Federation in violation of accepted 
international agreements on human rights and religious freedoms 
to which the Russian Federation is a party.

                            CENTRAL AMERICA

    Sec. 584. (a) Of the funds appropriated by this Act under 
the headings ``Child Survival and Health Programs Fund'' and 
``Development Assistance'', not less than the amount of funds 
initially allocated pursuant to section 653(a) of the Foreign 
Assistance Act of 1961 for fiscal year 2004 should be made 
available for El Salvador, Guatemala, Nicaragua and Honduras.
    (b) Not to exceed $3,227,000 in prior year ``Military 
Assistance Program'' funds that are available for Guatemala may 
be made available for non-lethal defense items for Guatemala if 
the Secretary of State certifies to the Committees on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the 
House that--
            (1) the role of the Guatemalan military has been 
        limited, in doctrine and in practice, to substantially 
        those activities in defense of Guatemala's sovereignty 
        and territorial integrity that are permitted by the 
        1996 Peace Accords, and the Government of Guatemala is 
        taking steps to pass a new governing law of the Army 
        (Ley Constitutiva del Ejercito);
            (2) the Guatemalan military is cooperating with 
        civilian judicial authorities, including providing full 
        cooperation on access to witnesses, documents and 
        classified intelligence files, in investigations and 
        prosecutions of military personnel who have been 
        implicated in human rights violations and other 
        criminal activity;
            (3) the Government of Guatemala is working with the 
        United Nations to resolve legal impediments to the 
        establishment of the Commission for the Investigation 
        of Illegal Groups and Clandestine Security 
        Organizations (CICIACS), so that CICIACS can 
        effectively accomplish its mission of investigating and 
        bringing to justice illegal groups and members of 
        clandestine security organizations;
            (4) the Government of Guatemala is continuing its 
        efforts to make the military budget process transparent 
        and accessible to civilian authorities and to the 
        public, for both present and past expenditures;
            (5) the Government of Guatemala is working to 
        facilitate the prompt establishment of an office in 
        Guatemala of the United Nations High Commissioner for 
        Human Rights with the unimpeded authority to 
        investigate and report on human rights in Guatemala; 
        and
            (6) the Government of Guatemala is taking steps to 
        increase its efforts to combat narcotics trafficking 
        and organized crime.
    (c) Section 527 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by 
adding at the end the following new subsection:
    ``(i) Certain Claims for Expropriation by the Government of 
Nicaragua.--
            ``(1) Any action of the types set forth in 
        subparagraphs (A), (B), and (C) of subsection (a)(1) 
        that was taken by the Government of Nicaragua during 
        the period beginning on January 1, 1956, and ending on 
        January 9, 2002, shall not be considered in 
        implementing the prohibition under subsection (a) 
        unless the action has been presented in accordance with 
        the procedure set forth in paragraph (2).
            ``(2) An action shall be deemed presented for 
        purposes of paragraph (1) if it is--
                    ``(A) in writing; and
                    ``(B) received by the United States 
                Department of State on or before 120 days after 
                the date specified in paragraph (3) at--
                            ``(i) the headquarters of the 
                        United States Department of State in 
                        Washington, D.C.; or,
                            ``(ii) the Embassy of the United 
                        States of America to Nicaragua.
            ``(3) The date to which paragraph (2) refers is a 
        date after enactment of this subsection that is 
        specified by the Secretary of State, in the Secretary's 
        discretion, in a notice published in the Federal 
        Register.''.

                          WAR CRIMES IN AFRICA

    Sec. 585. (a) The Congress recognizes the important 
contribution that the democratically elected Government of 
Nigeria has played in fostering stability in West Africa.
    (b) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and the 
Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against 
humanity in a timely manner.
    (c) Funds appropriated by this Act, including funds for 
debt restructuring, may be made available for assistance to the 
central government of a country in which individuals indicted 
by ICTR and SCSL are credibly alleged to be living, if the 
Secretary of State determines and reports to the Committees on 
Appropriations that such government is cooperating with ICTR 
and SCSL, including the surrender and transfer of indictees in 
a timely manner: Provided, That this subsection shall not apply 
to assistance provided under section 551 of the Foreign 
Assistance Act of 1961 or to project assistance under title II 
of this Act: Provided further, That the United States shall use 
its voice and vote in the United Nations Security Council to 
fully support efforts by ICTR and SCSL to bring to justice 
individuals indicted by such tribunals in a timely manner.
    (d) The prohibition in subsection (c) may be waived on a 
country by country basis if the President determines that doing 
so is in the national security interest of the United States: 
Provided, That prior to exercising such waiver authority, the 
President shall submit a report to the Committees on 
Appropriations, in classified form if necessary, on (1) the 
steps being taken to obtain the cooperation of the government 
in surrendering the indictee in question to SCSL or ICTR; (2) a 
strategy for bringing the indictee before ICTR or SCSL; and (3) 
the justification for exercising the waiver authority.

                         admission of refugees

    Sec. 586. (a) The Secretary of State shall utilize private 
voluntary organizations with expertise in the protection needs 
of refugees in the processing of refugees overseas for 
admission and resettlement to the United States, and shall 
utilize such agencies in addition to the United Nations High 
Commissioner for Refugees in the identification and referral of 
refugees.
    (b) The Secretary of State should maintain a system for 
accepting referrals of appropriate candidates for resettlement 
from local private, voluntary organizations and work to ensure 
that particularly vulnerable refugee groups receive special 
consideration for admission into the United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.
    (c) The Secretary of State shall give special consideration 
to--
            (1) refugees of all nationalities who have close 
        family ties to citizens and residents of the United 
        States; and
            (2) other groups of refugees who are of special 
        concern to the United States.

                            CODE OF CONDUCT

    Sec. 587. (a) None of the funds made available by title II 
under the heading ``Migration and Refugee Assistance'' or 
``Transition Initiatives'' to provide assistance to refugees or 
internally displaced persons may be provided to an organization 
that has failed to adopt a code of conduct consistent with the 
Inter-Agency Standing Committee Task Force on Protection From 
Sexual Exploitation and Abuse in Humanitarian Crises six core 
principles for the protection of beneficiaries of humanitarian 
assistance.
    (b) In administering the amounts made available for the 
accounts described in subsection (a), the Secretary of State 
and Administrator of the United States Agency for International 
Development shall incorporate specific policies and programs 
for the purpose of identifying specific needs of, and 
particular threats to, women and children at the various stages 
of humanitarian emergencies, especially at the onset of such 
emergency.

  UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY

    Sec. 588. (a) Authority.--Up to $37,500,000 of the funds 
made available in this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States'', may be used by the United States 
Agency for International Development (USAID) to hire and employ 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 308 and 
309 of the Foreign Service Act of 1980.
    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175, of which not more than 75 may 
        be hired for employment in the United States.
            (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2007.
    (c) Conditions.--The authority of this section may only be 
used--
            (1) to the extent that an equivalent number of 
        positions that are filled by personal services 
        contractors or other nondirect-hire employees of USAID, 
        who are compensated with funds appropriated to carry 
        out part I of the Foreign Assistance Act of 1961, 
        including funds appropriated under the heading 
        ``Assistance for Eastern Europe and the Baltic 
        States'', are eliminated; and
            (2) after consultations between the Committees on 
        Appropriations and the USAID Administrator on the 
        implementation of this section and USAID work force 
        issues more generally.
    (d) Priority Sectors.--In exercising the authority of this 
section, primary emphasis shall be placed on enabling USAID to 
meet personnel positions in technical skill areas currently 
encumbered by contractor or other nondirect-hire personnel.
    (e) Consultations.--After the initial consultations 
required by subsection (c)(2), the USAID Administrator shall 
consult with the Committees on Appropriations at least on a 
quarterly basis thereafter concerning the implementation of 
this section.
    (f) Program Account Charged.--The account charged for the 
cost of an individual hired and employed under the authority of 
this section shall be the account to which such individual's 
responsibilities primarily relate. Funds made available to 
carry out this section may be transferred to and merged and 
consolidated with funds appropriated for ``Operating Expenses 
of the United States Agency for International Development''.
    (g) Relation to Prior Law.--Upon completion of the 
consultations required by subsection (c)(2), the authority 
contained in this section shall supersede the authority 
contained in section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004.
    (h) Disaster Surge Capacity.--Funds appropriated by this 
Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'', may be used, in 
addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed 
to or employed by the United States Agency for International 
Development whose primary responsibility is to carry out 
programs in response to natural disasters.

    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

    Sec. 589. (a) Limitation on Use of Funds by OPIC.--None of 
the funds made available in this Act may be used by the 
Overseas Private Investment Corporation to insure, reinsure, 
guarantee, or finance any investment in connection with a 
project involving the mining, polishing or other processing, or 
sale of diamonds in a country that fails to meet the 
requirements of subsection (c).
    (b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the 
Export-Import Bank of the United States to guarantee, insure, 
extend credit, or participate in an extension of credit in 
connection with the export of any goods to a country for use in 
an enterprise involving the mining, polishing or other 
processing, or sale of diamonds in a country that fails to meet 
the requirements of subsection (c).
    (c) Requirements.--The requirements referred to in 
subsections (a) and (b) are that the country concerned is 
implementing the recommendations, obligations and requirements 
developed by the Kimberley Process on conflict diamonds.

                            SECURITY IN ASIA

    Sec. 590. (a) Indonesia.--Funds made available for 
assistance for Indonesia under the heading ``Foreign Military 
Financing Program'' may be made available for assistance for 
the Indonesian navy notwithstanding section 572 of this Act if 
the Secretary of State reports to the Committees on 
Appropriations that the Indonesian navy is not violating human 
rights and is cooperating with civilian judicial authorities on 
cases involving human rights violations: Provided, That such 
funds may only be made available for assistance for the 
Indonesian navy for the purposes of enhancing maritime 
security: Provided further, That such funds shall be made 
available subject to the regular notification procedures of the 
Committees on Appropriations.
    (b) Cambodia.--Funds made available for assistance for 
Cambodia under the heading ``Foreign Military Financing 
Program'' may be made available notwithstanding section 554 of 
this Act: Provided, That such funds shall only be made 
available subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) Nepal.--
            (1) The Congress deplores and condemns the Maoist 
        insurgency in Nepal which has engaged in widespread 
        atrocities against civilians and Nepalese security 
        forces, and calls on other nations to denounce these 
        vicious acts.
            (2) Funds appropriated under the heading ``Foreign 
        Military Financing Program'' may be made available for 
        assistance for Nepal if the Secretary of State reports 
        to the Committees on Appropriations that the Government 
        of Nepal:
                    (A) has determined the number of and is 
                making substantial progress in complying with 
                habeas corpus orders issued by the Supreme 
                Court of Nepal, including all outstanding 
                orders;
                    (B) is cooperating with the National Human 
                Rights Commission of Nepal to identify and 
                resolve all security related cases involving 
                individuals in government custody;
                    (C) is granting the National Human Rights 
                Commission of Nepal unimpeded access to all 
                places of detention; and
                    (D) is taking effective steps to end 
                torture by security forces and to prosecute 
                members of such forces who are responsible for 
                gross violations of human rights.
            (3) The Secretary of State may waive the 
        requirements of paragraph (2) if he determines and 
        reports to the Committees on Appropriations that to do 
        so is in the national security interests of the United 
        States.

                   HIPC DEBT REDUCTION AND TRUST FUND

    Sec. 591. (a) Section 801(b)(1) of Public Law 106-429 is 
amended--
            (1) by inserting ``(i)'' after ``appropriated''; 
        and
            (2) by inserting before the period ``; and (ii) for 
        fiscal years 2004-2006, not more than $150,000,000, for 
        purposes of additional United States contributions to 
        the HIPC Trust Fund administered by the Bank, which are 
        authorized to remain available until expended''.
    (b) Section 501(i) of Public Law 106-113 is amended by 
deleting ``2003-2004'' and inserting in lieu thereof ``2000-
2006''.

                 COMPLIANCE WITH THE ALGIERS AGREEMENTS

    Sec. 592. None of the funds appropriated by this Act may be 
made available for assistance for the central Governments of 
Ethiopia or Eritrea unless the Secretary of State certifies and 
reports to the Committees on Appropriations that such 
government is taking steps to complywith the terms of the 
Algiers Agreements: Provided, That this section shall not apply to 
democracy, rule of law, peacekeeping programs and activities, child 
survival and health, basic education, and agriculture programs: 
Provided further, That the Secretary may waive the requirements of this 
section if he determines that to do so is in the national security 
interests of the United States.

  ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS

      Sec. 593. (a) Section 1307 of the International Financial 
Institutions Act (22 U.S.C. 262m-7) is amended--
      (1) by striking subsection (a) and inserting the 
following:
      ``(a) Assessment Required Before Favorable Vote on 
Proposal.--The Secretary of the Treasury shall instruct the 
United States Executive Director of each multilateral 
development bank not to vote in favor of any proposed action 
(including but not limited to any loan, credit, grant, or 
guarantee) which would result or be likely to result in 
significant impact on the environment, unless the Secretary, 
after consultation with the Secretary of State and the 
Administrators of the United States Agency for International 
Development and the Environmental Protection Agency, determines 
that for at least 120 days before the date of the vote--
      ``(1) an assessment analyzing the environmental impacts 
of the proposed action, including associated and cumulative 
impacts, and of alternatives to the proposed action, has been 
completed by the borrower or the bank and has been made 
available to the board of directors of the bank; and
      ``(2) such assessment or a comprehensive summary of the 
assessment (with proprietary information redacted) has been 
made available to affected groups and local nongovernmental 
organizations and notice of its availability in the country and 
at the bank has been posted on the bank's website.''; and
      (2) by striking subsection (g) and inserting the 
following:
      ``(g) Multilateral Development Bank Defined--In this 
title, the term `multilateral development bank' means the 
International Bank for Reconstruction and Development, the 
European Bank for Reconstruction and Development, the 
International Development Association, the International 
Finance Corporation, the Multilateral Investment Guarantee 
Agency, the African Development Bank, the African Development 
Fund, the Asian Development Bank, the Inter-American 
Development Bank, the Inter-American Investment Corporation, 
any other institution (other than the International Monetary 
Fund) specified in section 1701(c)(2), and any subsidiary of 
any institution.''
      (b) Section 1303(b) of the International Financial 
Institutions Act (22 U.S.C. 262m-2(b)) is amended--
      (1) by inserting ``(1)'' after ``(b)'' and replacing 
``International Bank for Reconstruction and Development, the 
Inter-American Development Bank, the Asian Development Bank of 
the African Development Bank'' with the phrase ``multilateral 
development banks as defined in section 1307(g)''; and
      (2) by inserting at the end of subsection (b) the 
following text:
      ``(2) The Secretary of the Treasury shall instruct such 
Executive Directors to work with other countries' Executive 
Directors and multilateral development bank management to:
      ``(A) improve the procedures of each multilateral 
development bank for providing its board of directors with a 
complete and accurate record regarding public consultation 
before they vote on proposed projects with significant 
environmental implications; and
      ``(B) revise bank procedures to consistently require 
public consultation on operational policy proposals or 
revisions that have significant environmental or social 
implications.
      ``(3) Progress under this subsection shall be 
incorporated into Treasury's required annual report to Congress 
on the environmental performance of the multilateral 
development banks.''.

                          VIETNAMESE REFUGEES

    Sec. 594. (a) Eligibility for In-country Refugee Processing 
in Vietnam.--For purposes of eligibility for in-country refugee 
processing for nationals of Vietnam during fiscal years 2004 
and 2005, an alien described in subsection (b) shall be 
considered to be a refugee of special humanitarian concern to 
the United States (within the meaning of section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157)) and shall be 
admitted to the United States for resettlement if the alien 
would be admissible as an immigrant under the Immigration and 
Nationality Act (except as provided in section 207(c)(3) of 
that Act).
    (b) Aliens Covered.--An alien described in this subsection 
is an alien who--
            (1) is the son or daughter of a qualified national;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of 
        the alien's parent for resettlement under the Orderly 
        Departure Program or through the United States 
        Consulate General in Ho Chi Minh City.
    (c) Qualified National.--The term ``qualified national'' in 
subsection (b)(1) means a national of Vietnam who--
            (1)(A) was formerly interned in a re-education camp 
        in Vietnam by the Government of the Socialist Republic 
        of Vietnam; or
            (B) is the widow or widower of an individual 
        described in subparagraph (A);
            (2)(A) qualified for refugee processing under the 
        Orderly Departure Program re-education subprogram; and
            (B) is or was accepted under the Orderly Departure 
        Program or through the United States Consulate General 
        in Ho Chi Minh City--
                    (i) for resettlement as a refugee; or
                    (ii) for admission to the United States as 
                an immediate relative immigrant; and
            (3)(A) is presently maintaining a residence in the 
        United States or whose surviving spouse is presently 
        maintaining such a residence; or
            (B) was approved for refugee resettlement or 
        immigrant visa processing and is awaiting departure 
        formalities from Vietnam or whose surviving spouse is 
        awaiting such departure formalities.

                      JOINT EXPLANATORY STATEMENT

      Sec. 595. (a) Funds provided in this Act for the 
following accounts shall be made available for programs and 
countries in the amounts contained in the respective tables 
included in the joint explanatory statement of managers 
accompanying this Act:
            ``Economic Support Fund'';
            ``Assistance for Eastern Europe and the Baltic 
        States'';
            ``Assistance for the Independent States of the 
        Former Soviet Union'';
            ``Andean Counterdrug Initiative'';
            ``Nonproliferation, Anti-Terrorism, Demining and 
        Related Programs'';
            ``Foreign Military Financing Program''; and
            ``International Organizations and Programs''.
    (b) Any proposed increases or decreases to the amounts 
contained in such tables in the joint explanatory statement of 
managers shall be subject to the regular notification 
procedures of the Committees on Appropriations and section 634A 
of the Foreign Assistance Act of 1961.
    This division may be cited as the ``Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
2005''.

      DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2005

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, 
acquisition of easements and other interests in lands, and 
performance of other functions, including maintenance of 
facilities, as authorized by law, in the management of lands 
and their resources under the jurisdiction of the Bureau of 
Land Management, including the general administration of the 
Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
$848,939,000, to remain available until expended, of which 
$1,000,000 is for high priority projects, to be carried out by 
the Youth Conservation Corps; $4,000,000 is for assessment of 
the mineral potential of public lands in Alaska pursuant to 
section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of 
which not to exceed $1,000,000 shall be derived from the 
special receipt account established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); 
and of which $3,500,000 shall be available in fiscal year 2005 
subject to a match by at least an equal amount by the National 
Fish and Wildlife Foundation for cost-shared projects 
supporting conservation of Bureau lands; and such funds shall 
be advanced to the Foundation as a lump sum grant without 
regard to when expenses are incurred.
    In addition, $32,696,000 is for Mining Law Administration 
program operations, including the cost of administering the 
mining claim fee program; to remain available until expended, 
to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to 
result in a final appropriation estimated at not more than 
$848,939,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by 
the Bureau for the cost of administering communication site 
activities.

                        WILDLAND FIRE MANAGEMENT

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire 
assistance by the Department of the Interior, $743,099,000, to 
remain available until expended, of which not to exceed 
$12,374,000 shall be for the renovation or construction of fire 
facilities: Provided, That such funds are also available for 
repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 
may be furnished subsistence and lodging without cost from 
funds available from this appropriation: Provided further, That 
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or 
office of the Department of the Interior for fire protection 
rendered pursuant to 42 U.S.C. 1856 et seq., protection of 
United States property, may be credited to the appropriation 
from which funds were expended to provide that protection, and 
are available without fiscal year limitation: Provided further, 
That using the amounts designated under this title of this Act, 
the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous 
fuels reduction activities, and for training and monitoring 
associated with such hazardous fuels reduction activities, on 
Federal land, or on adjacent non-Federal land for activities 
that benefit resources on Federal land: Provided further, That 
the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, 
That notwithstanding requirements of the Competition in 
Contracting Act, the Secretary, for purposes of hazardous fuels 
reduction activities, may obtain maximum practicable 
competition among: (A) local private, nonprofit, or cooperative 
entities; (B) Youth Conservation Corps crews or related 
partnerships with state, local, or non-profit youth groups; (C) 
small or micro-businesses; or (D) otherentities that will hire 
or train locally a significant percentage, defined as 50 percent or 
more, of the project workforce to complete such contracts: Provided 
further, That in implementing this section, the Secretary shall develop 
written guidance to field units to ensure accountability and consistent 
application of the authorities provided herein: Provided further, That 
funds appropriated under this head may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in connection with 
wildland fire management activities: Provided further, That the 
Secretary of the Interior may use wildland fire appropriations to enter 
into non-competitive sole source leases of real property with local 
governments, at or below fair market value, to construct capitalized 
improvements for fire facilities on such leased properties, including 
but not limited to fire guard stations, retardant stations, and other 
initial attack and fire support facilities, and to make advance 
payments for any such lease or for construction activity associated 
with the lease: Provided further, That the Secretary of the Interior 
and the Secretary of Agriculture may authorize the transfer of funds 
appropriated for wildland fire management, in an aggregate amount not 
to exceed $12,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                    CENTRAL HAZARDOUS MATERIALS FUND

    For necessary expenses of the Department of the Interior 
and any of its component offices and bureaus for the remedial 
action, including associated activities, of hazardous waste 
substances, pollutants, or contaminants pursuant to the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,855,000, 
to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by 
a party in advance of or as reimbursement for remedial action 
or response activities conducted by the Department pursuant to 
section 107 or 113(f) of such Act, shall be credited to this 
account, to be available until expended without further 
appropriation: Provided further, That such sums recovered from 
or paid by any party are not limited to monetary payments and 
may include stocks, bonds or other personal or real property, 
which may be retained, liquidated, or otherwise disposed of by 
the Secretary and which shall be credited to this account.

                              CONSTRUCTION

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

                            LAND ACQUISITION

    For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94-579, including administrative expenses 
and acquisition of lands or waters, or interests therein, 
$11,350,000, to be derived from the Land and Water Conservation 
Fund and to remain available until expended.

                   OREGON AND CALIFORNIA GRANT LANDS

    For expenses necessary for management, protection, and 
development of resources and for construction, operation, and 
maintenance of access roads, reforestation, and other 
improvements on the revested Oregon and California Railroad 
grant lands, on other Federal lands in the Oregon and 
California land-grant counties of Oregon, and on adjacent 
rights-of-way; and acquisition of lands or interests therein, 
including existing connecting roads on or adjacent to such 
grant lands; $109,057,000, to remain available until expended: 
Provided, That 25 percent of the aggregate of all receipts 
during the current fiscal year from the revested Oregon and 
California Railroad grant lands is hereby made a charge against 
the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the 
Act of August 28, 1937 (50 Stat. 876).

               FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

                   (REVOLVING FUND, SPECIAL ACCOUNT)

    In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and 
Recovery Fund can be used for the purpose of planning, 
preparing, implementing and monitoring salvage timber sales and 
forest ecosystem health and recovery activities, such as 
release from competing vegetation and density control 
treatments. The Federal share of receipts (defined as the 
portion of salvage timber receipts not paid to the counties 
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public 
Law 106-393) derived from treatments funded by this account 
shall be deposited into the Forest Ecosystem Health and 
Recovery Fund.

                           RANGE IMPROVEMENTS

    For rehabilitation, protection, and acquisition of lands 
and interests therein, and improvement of Federal rangelands 
pursuant to section 401 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
other Act, sums equal to 50 percent of all moneys received 
during the prior fiscal year under sections 3 and 15 of the 
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral 
leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Provided, That 
not to exceed $600,000 shall be available for administrative 
expenses.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

    For administrative expenses and other costs related to 
processing application documents and other authorizations for 
use and disposal of public lands and resources, for costs of 
providing copies of official public land documents, for 
monitoring construction, operation, and termination of 
facilities in conjunction with use authorizations, and for 
rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 
93-153, to remain available until expended: Provided, That 
notwithstanding any provision to the contrary of section 305(a) 
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have 
been or will be received pursuant to that section, whether as a 
result of forfeiture, compromise, or settlement, if not 
appropriate for refund pursuant to section 305(c) of that Act 
(43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, 
protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the 
action of a resource developer, purchaser, permittee, or any 
unauthorized person, without regard to whether all moneys 
collected from each such action are used on the exact lands 
damaged which led to the action: Provided further, That any 
such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be 
used to repair other damaged public lands.

                       MISCELLANEOUS TRUST FUNDS

    In addition to amounts authorized to be expended under 
existing laws, there is hereby appropriated such amounts as may 
be contributed under section 307 of the Act of October 21, 1976 
(43 U.S.C. 1701), and such amounts as may be advanced for 
administrative costs, surveys, appraisals, and costs of making 
conveyances of omitted lands under section 211(b) of that Act, 
to remain available until expended.

                       ADMINISTRATIVE PROVISIONS

    Appropriations for the Bureau of Land Management shall be 
available for purchase, erection, and dismantlement of 
temporary structures, and alteration and maintenance of 
necessary buildings and appurtenant facilities to which the 
United States has title; up to $100,000 for payments, at the 
discretion of the Secretary, for informationor evidence 
concerning violations of laws administered by the Bureau; miscellaneous 
and emergency expenses of enforcement activities authorized or approved 
by the Secretary and to be accounted for solely on her certificate, not 
to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, the 
Bureau may, under cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the 
Bureau determines the cooperator is capable of meeting accepted quality 
standards.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

    For necessary expenses of the United States Fish and 
Wildlife Service, as authorized by law, and for scientific and 
economic studies, maintenance of the herd of long-horned cattle 
on the Wichita Mountains Wildlife Refuge, general 
administration, and for the performance of other authorized 
functions related to such resources by direct expenditure, 
contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $977,205,000, to 
remain available until September 30, 2006, except as otherwise 
provided herein: Provided, That not less than $1,000,000 shall 
be provided to local governments in southern California for 
planning associated with the Natural Communities Conservation 
Planning (NCCP) program and shall remain available until 
expended: Provided further, That $2,000,000 is for high 
priority projects, which shall be carried out by the Youth 
Conservation Corps: Provided further, That not to exceed 
$16,175,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, 
as amended, for species that are indigenous to the United 
States (except for processing petitions, developing and issuing 
proposed and final regulations, and taking any other steps to 
implement actions described in subsection (c)(2)(A), 
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed 
$11,400,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to 
subsection (a)(1) prior to October 1, 2004: Provided further, 
That of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the 
discretion of the Secretary be used for payment for 
information, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emergency 
expenses of enforcement activity, authorized or approved by the 
Secretary and to be accounted for solely on her certificate: 
Provided further, That of the amount provided for environmental 
contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              CONSTRUCTION

    For construction, improvement, acquisition, or removal of 
buildings and other facilities required in the conservation, 
management, investigation, protection, and utilization of 
fishery and wildlife resources, and the acquisition of lands 
and interests therein; $53,400,000, to remain available until 
expended: Provided, That notwithstanding any other provision of 
law, a single procurement for the construction project at the 
Clark R. Bavin Forensics Laboratory in Oregon may be issued 
which includes the full scope of the project: Provided further, 
That the solicitation and the contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232.18.

                            LAND ACQUISITION

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for 
acquisition of land or waters, or interest therein, in 
accordance with statutory authority applicable to the United 
States Fish and Wildlife Service, $37,526,000, to be derived 
from the Land and Water Conservation Fund and to remain 
available until expended, of which $750,000 is for support of 
acquisition of lands for waterfowl habitat in the Yukon Flats 
National Wildlife Refuge, and the related conveyance of Federal 
lands and interests in lands to Doyon, Limited, an Alaska 
Native Corporation organized pursuant to the Alaska Native 
Claims Settlement Act: Provided, That the Secretary is 
authorized to, and shall, execute all necessary acquisitions 
and exchange agreement documents in furtherance of this 
acquisition and exchange as soon as possible: Provided further, 
That notwithstanding any other law, all revenues, fees and 
royalties received by the Federal Government from oil and/or 
gas production from the lands, and interests in land, acquired 
by Doyon, Limited, pursuant to the exchange of lands located 
within Yukon Flats National Wildlife Refuge shall be deposited 
in a special account in the Treasury of the United States to be 
called the Alaska National Wildlife Refuge Land Acquisition and 
Facility Account (``Acquisition Account''): Provided further, 
That all amounts deposited in the acquisition account shall be 
available until expended without further act of appropriation 
to the Director of the U.S. Fish and Wildlife Service for only 
the following purposes: (1) To acquire lands from Doyon, 
Limited, located within Yukon Flats National Wildlife Refuge in 
accordance with the Exchange Agreement; (2) To acquire lands 
from other willing sellers in the Yukon Flats National Wildlife 
Refuge, or from other willing sellers in other units of the 
National Wildlife Refuge System located within the State of 
Alaska; and, (3) To construct facilities and infrastructure for 
Alaska refuges: Provided further, That none of the funds 
appropriated for specific land acquisition projects, other than 
the appropriations for the Yukon Flats National Wildlife Refuge 
exchange and acquisition provided for under this heading, can 
be used to pay for any administrative overhead, planning or 
other management costs: Provided further, That none of the 
funds in this or any other Act may be used for the acquisition 
of land for inclusion in the Deep Fork National Wildlife 
Refuge.

                      LANDOWNER INCENTIVE PROGRAM

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for private 
conservation efforts to be carried out on private lands, 
$22,000,000, to be derived from the Land and Water Conservation 
Fund, and to remain available until expended: Provided, That 
the amount provided herein is for a Landowner Incentive Program 
established by the Secretary that provides matching, 
competitively awarded grants to States, the District of 
Columbia, federally recognized Indian tribes, Puerto Rico, 
Guam, the United States Virgin Islands, the Northern Mariana 
Islands, and American Samoa, to establish or supplement 
existing landowner incentive programs that provide technical 
and financial assistance, including habitat protection and 
restoration, to private landowners for the protection and 
management of habitat to benefit federally listed, proposed, 
candidate, or other at-risk species on private lands.

                       PRIVATE STEWARDSHIP GRANTS

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for private 
conservation efforts to be carried out on private lands, 
$7,000,000, to be derived from the Land and Water Conservation 
Fund, and to remain available until expended: Provided, That 
the amount provided herein is for the Private Stewardship 
Grants Program established by the Secretary to provide grants 
and other assistance to individuals and groups engaged in 
private conservation efforts that benefit federally listed, 
proposed, candidate, or other at-risk species: Provided 
further, That balances from amounts previously appropriated 
under the heading ``Stewardship Grants'' shall be transferred 
to and merged with this appropriation and shall remain 
available until expended.

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

    For expenses necessary to carry out section 6 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),as 
amended, $81,596,000, of which $32,212,000 is to be derived from the 
Cooperative Endangered Species Conservation Fund and $49,384,000 is to 
be derived from the Land and Water Conservation Fund and to remain 
available until expended.

                     NATIONAL WILDLIFE REFUGE FUND

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

               NORTH AMERICAN WETLANDS CONSERVATION FUND

    For expenses necessary to carry out the provisions of the 
North American Wetlands Conservation Act, Public Law 101-233, 
as amended, $38,000,000, to remain available until expended.

                NEOTROPICAL MIGRATORY BIRD CONSERVATION

    For financial assistance for projects to promote the 
conservation of neotropical migratory birds in accordance with 
the Neotropical Migratory Bird Conservation Act, Public Law 
106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain available 
until expended.

                MULTINATIONAL SPECIES CONSERVATION FUND

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), the Asian Elephant Conservation Act of 
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the 
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the 
Marine Turtle Conservation Act of 2004 (Public Law 108-266; 16 
U.S.C. 6601), $5,800,000, to remain available until expended.

                    STATE AND TRIBAL WILDLIFE GRANTS

    For wildlife conservation grants to States and to the 
District of Columbia, Puerto Rico, Guam, the United States 
Virgin Islands, the Northern Mariana Islands, American Samoa, 
and federally recognized Indian tribes under the provisions of 
the Fish and Wildlife Act of 1956 and the Fish and Wildlife 
Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, 
including species that are not hunted or fished, $70,000,000, 
to be derived from the Land and Water Conservation Fund, and to 
remain available until expended: Provided, That of the amount 
provided herein, $6,000,000 is for a competitive grant program 
for Indian tribes not subject to the remaining provisions of 
this appropriation: Provided further, That the Secretary shall, 
after deducting said $6,000,000 and administrative expenses, 
apportion the amount provided herein in the following manner: 
(A) to the District of Columbia and to the Commonwealth of 
Puerto Rico, each a sum equal to not more than one-half of 1 
percent thereof; and (B) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary 
shall apportion the remaining amount in the following manner: 
(A) one-third of which is based on the ratio to which the land 
area of such State bears to the total land area of all such 
States; and (B) two-thirds of which is based on the ratio to 
which the population of such State bears to the total 
population of all such States: Provided further, That the 
amounts apportioned under this paragraph shall be adjusted 
equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amount available for apportionment 
under this paragraph for any fiscal year or more than 5 percent 
of such amount: Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs 
of such projects and the Federal share of implementation grants 
shall not exceed 50 percent of the total costs of such 
projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: 
Provided further, That no State, territory, or other 
jurisdiction shall receive a grant unless it has developed, or 
committed to develop by October 1, 2005, a comprehensive 
wildlife conservation plan, consistent with criteria 
established by the Secretary of the Interior, that considers 
the broad range of the State, territory, or other 
jurisdiction's wildlife and associated habitats, with 
appropriate priority placed on those species with the greatest 
conservation need and taking into consideration the relative 
level of funding available for the conservation of those 
species: Provided further, That any amount apportioned in 2005 
to any State, territory, or other jurisdiction that remains 
unobligated as of September 30, 2006, shall be reapportioned, 
together with funds appropriated in 2007, in the manner 
provided herein: Provided further, That balances from amounts 
previously appropriated under the heading ``State Wildlife 
Grants'' shall be transferred to and merged with this 
appropriation and shall remain available until expended.

                       ADMINISTRATIVE PROVISIONS

    Appropriations and funds available to the United States 
Fish and Wildlife Service shall be available for purchase of 
not to exceed 179 passenger motor vehicles, of which 161 are 
for replacement only (including 44 for police-type use); repair 
of damage to public roads within and adjacent to reservation 
areas caused by operations of the Service; options for the 
purchase of land at not to exceed $1 for each option; 
facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary 
purpose; and the maintenance and improvement of aquaria, 
buildings, and other facilities under the jurisdiction of the 
Service and to which the United States has title, and which are 
used pursuant to law in connection with management, and 
investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under 
cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators 
in connection with jointly produced publications for which the 
cooperators share at least one-half the cost of printing either 
in cash or services and the Service determines the cooperator 
is capable of meeting accepted quality standards: Provided 
further, That notwithstanding any other provision of law, the 
Service may use up to $2,000,000 from funds provided for 
contracts for employment-related legal services: Provided 
further, That the Service may accept donated aircraft as 
replacements for existing aircraft: Provided further, That 
notwithstanding any other provision of law, the Secretary of 
the Interior may not spend any of the funds appropriated in 
this Act for the purchase of lands or interests in lands to be 
used in the establishment of any new unit of the National 
Wildlife Refuge System unless the purchase is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in House 
Report 108-330.

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the 
National Park Service (including special road maintenance 
service to trucking permittees on a reimbursable basis), and 
for the general administration of the National Park Service, 
$1,707,282,000, of which $10,708,000 is for planning and 
interagency coordination in support of Everglades restoration 
and shall remain available until expended; of which $96,440,000 
is for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service 
automated facility management software system, and 
comprehensive facility condition assessments; and of which 
$2,000,000 is for the Youth Conservation Corps for high 
priority projects: Provided, That the only funds in this 
account which may be made available to support United States 
Park Police are those funds approved for emergency law and 
order incidents pursuant to established National Park Service 
procedures, those funds needed to maintain and repair United 
States Park Police administrative facilities, and those funds 
necessary to reimburse the United States Park Police account 
for the unbudgeted overtime and travel costs associated with 
special events for an amount not to exceed $10,000 per event 
subject to the review and concurrence of the Washington 
headquarters office.

                       UNITED STATES PARK POLICE

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

                  NATIONAL RECREATION AND PRESERVATION

    For expenses necessary to carry out recreation programs, 
natural programs, cultural programs, heritage partnership 
programs, environmental compliance and review, international 
park affairs, statutory or contractual aid for other 
activities, and grant administration, not otherwise provided 
for, $61,832,000: Provided, That $700,000 from the Statutory 
and Contractual Aid Account shall be provided to the City of 
Tacoma, Washington for the purpose of conducting a feasibility 
study for the Train to the Mountain project: Provided further, 
That none of the funds in this Act for the River, Trails and 
Conservation Assistance program may be used for cash 
agreements, or for cooperative agreements that are inconsistent 
with the program's final strategic plan: Provided further, That 
notwithstanding section 8(b) of Public Law 102-543 (16 U.S.C. 
410yy-8(b)), amounts made available under this heading to the 
Keweenaw National Historical Park shall be matched on not less 
than a 1-to-1 basis by non-Federal funds.

                       HISTORIC PRESERVATION FUND

    For expenses necessary in carrying out the Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
Omnibus Parks and Public Lands Management Act of 1996 (Public 
Law 104-333), $72,750,000, to be derived from the Historic 
Preservation Fund, to remain available until September 30, 
2006, of which $30,000,000 shall be for Save America's 
Treasures for preservation of nationally significant sites, 
structures, and artifacts: Provided, That any individual Save 
America's Treasures grant shall be matched by non-Federal 
funds: Provided further, That individual projects shall only be 
eligible for one grant: Provided further, That all projects to 
be funded shall be approved by the Secretary of the Interior in 
consultation with the House and Senate Committees on 
Appropriations and the President's Committee on the Arts and 
Humanities prior to the commitment of Save America's Treasures 
grant funds: Provided further, That Save America's Treasures 
funds allocated for Federal projects, following approval, shall 
be available by transfer to appropriate accounts of individual 
agencies: Provided further, That hereinafter and 
notwithstanding 20 U.S.C. 951 et seq. the National Endowment 
for the Arts may award Save America's Treasures grants based 
upon the recommendations of the Save America's Treasures grant 
selection panel convened by the President's Committee on the 
Arts and the Humanities and the National Park Service.

                              CONSTRUCTION

    For construction, improvements, repair or replacement of 
physical facilities, including the modifications authorized by 
section 104 of the Everglades National Park Protection and 
Expansion Act of 1989, $307,362,000, to remain available until 
expended, of which $500,000 for the L.Q.C. Lamar House National 
Historic Landmark shall be derived from the Historic 
Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That 
none of the funds available to the National Park Service may be 
used to plan, design, or construct any partnership project with 
a total value in excess of $5,000,000, without advance approval 
of the House and Senate Committees on Appropriations: Provided 
further, That, notwithstanding any other provision of law, the 
National Park Service may not accept donations or services 
associated with the planning, design, or construction of such 
new facilities without advance approval of the House and Senate 
Committees on Appropriations: Provided further, That these 
restrictions do not apply to the Flight 93 Memorial: Provided 
further, That funds provided under this heading for 
implementation of modified water deliveries to Everglades 
National Park shall be expended consistent with the 
requirements of the fifth proviso under this heading in Public 
Law 108-108: Provided further, That none of the funds provided 
in this or any other Act may be used for planning, design, or 
construction of any underground security screening or visitor 
contact facility at the Washington Monument until such facility 
has been approved in writing by the House and Senate Committees 
on Appropriations: Provided further, That the National Park 
Service may use funds provided herein to construct a parking 
lot and connecting trail on leased, non-Federal land in order 
to accommodate visitor use of the Old Rag Mountain Trail at 
Shenandoah National Park, and may for the duration of such 
lease use any funds available to the Service for the 
maintenance of the parking lot and connecting trail.

                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

    The contract authority provided for fiscal year 2005 by 16 
U.S.C. 460l-10a are rescinded.

                 LAND ACQUISITION AND STATE ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

    For expenses necessary to carry out the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through 
11), including administrative expenses, and for acquisition of 
lands or waters, or interest therein, in accordance with the 
statutory authority applicable to the National Park Service, 
$148,411,000, to be derivedfrom the Land and Water Conservation 
Fund and to remain available until expended, of which $92,500,000 is 
for the State assistance program including $1,500,000 to administer 
this program: Provided, That none of the funds provided for the State 
assistance program may be used to establish a contingency fund: 
Provided further, That in lieu of State assistance program indirect 
costs (as described in OMB Circular A-87), not to exceed 5 percent of 
apportionments under the State assistance program may be used by 
States, the District of Columbia, and insular areas to support program 
administrative costs: Provided further, That $250,000 of the amount 
provided under this heading for civil war battlefield protection shall 
be available for transfer to the ``National Recreation and 
Preservation'' account.

                       ADMINISTRATIVE PROVISIONS

    Appropriations for the National Park Service shall be 
available for the purchase of not to exceed 249 passenger motor 
vehicles, of which 202 shall be for replacement only, including 
not to exceed 193 for police-type use, 10 buses, and 8 
ambulances: Provided, That none of the funds appropriated to 
the National Park Service may be used to process any grant or 
contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, That none of the funds appropriated to 
the National Park Service may be used to implement an agreement 
for the redevelopment of the southern end of Ellis Island until 
such agreement has been submitted to the Congress and shall not 
be implemented prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in 
session because of adjournment of more than 3 calendar days to 
a day certain) from the receipt by the Speaker of the House of 
Representatives and the President of the Senate of a full and 
comprehensive report on the development of the southern end of 
Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project: Provided further, That 
appropriations available to the National Park Service may be 
used to maintain the following areas in Washington, District of 
Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue 
between 15th and 17th Streets, Northwest.
    None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the 
United Nations Biodiversity Convention.
    The National Park Service may distribute to operating units 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to 
encourage employees receiving workers' compensation benefits 
pursuant to chapter 81 of title 5, United States Code, to 
return to appropriate positions for which they are medically 
able.
    Notwithstanding any other provision of law, in fiscal year 
2005, with respect to the administration of the National Park 
Service park pass program by the National Park Foundation, the 
Secretary may pay to the Foundation administrative funds 
expected to be received in that fiscal year before the revenues 
are collected, so long as total payments in the administrative 
account do not exceed total revenue collected and deposited in 
that account by the end of the fiscal year.
    If the Secretary of the Interior considers the decision of 
any value determination proceeding conducted under a National 
Park Service concession contract issued prior to November 13, 
1998, to misinterpret or misapply relevant contractual 
requirements or their underlying legal authority, the Secretary 
may seek, within 180 days of any such decision, the de novo 
review of the value determination by the United States Court of 
Federal Claims, and that court may make an order affirming, 
vacating, modifying or correcting the determination.
    In addition to other uses set forth in section 407(d) of 
Public Law 105-391, franchise fees credited to a sub-account 
shall be available for expenditure by the Secretary, without 
further appropriation, for use at any unit within the National 
Park System to extinguish or reduce liability for Possessory 
Interest or leasehold surrender interest. Such funds may only 
be used for this purpose to the extent that the benefiting unit 
anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to 
extinguish or reduce liability. Franchise fees at the 
benefiting unit shall be credited to the sub-account of the 
originating unit over a period not to exceed the term of a 
single contract at the benefiting unit, in the amount of funds 
so expended to extinguish or reduce liability.

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    For expenses necessary for the United States Geological 
Survey to perform surveys, investigations, and research 
covering topography, geology, hydrology, biology, and the 
mineral and water resources of the United States, its 
territories and possessions, and other areas as authorized by 
43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to 
power permittees and Federal Energy Regulatory Commission 
licensees; administer the minerals exploration program (30 
U.S.C. 641); and publish and disseminate data relative to the 
foregoing activities; and to conduct inquiries into the 
economic conditions affectingmining and materials processing 
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
purposes as authorized by law and to publish and disseminate data; 
$948,921,000, of which $63,262,000 shall be available only for 
cooperation with States or municipalities for water resources 
investigations; and of which $7,901,000 shall remain available until 
expended for satellite operations; and of which $21,971,000 shall be 
available until September 30, 2006, for the operation and maintenance 
of facilities and deferred maintenance; and of which $1,600,000 shall 
be available until expended for deferred maintenance and capital 
improvement projects that exceed $100,000 in cost; and of which 
$174,219,000 shall be available until September 30, 2006, for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of the funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, That no part of this appropriation 
shall be used to pay more than one-half the cost of topographic mapping 
or water resources data collection and investigations carried on in 
cooperation with States and municipalities.

                       ADMINISTRATIVE PROVISIONS

    The amount appropriated for the United States Geological 
Survey shall be available for the purchase and replacement of 
passenger motor vehicles; reimbursement to the General Services 
Administration for security guard services; contracting for the 
furnishing of topographic maps and for the making of 
geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the 
public interest; construction and maintenance of necessary 
buildings and appurtenant facilities; acquisition of lands for 
gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of 
compensation and expenses of persons on the rolls of the Survey 
duly appointed to represent the United States in the 
negotiation and administration of interstate compacts: 
Provided, That activities funded by appropriations herein made 
may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: 
Provided further, That the United States Geological Survey may 
enter into contracts or cooperative agreements directly with 
individuals or indirectly with institutions or nonprofit 
organizations, without regard to 41 U.S.C. 5, for the temporary 
or intermittent services of students or recent graduates, who 
shall be considered employees for the purpose of chapters 57 
and 81 of title 5, United States Code, relating to compensation 
for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

                      Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

    For expenses necessary for minerals leasing and 
environmental studies, regulation of industry operations, and 
collection of royalties, as authorized by law; for enforcing 
laws and regulations applicable to oil, gas, and other minerals 
leases, permits, licenses and operating contracts; and for 
matching grants or cooperative agreements; including the 
purchase of not to exceed eight passenger motor vehicles for 
replacement only, $169,175,000, of which $76,106,000 shall be 
available for royalty management activities; and an amount not 
to exceed $103,730,000, to be credited to this appropriation 
and to remain available until expended, from additions to 
receipts resulting from increases to rates in effect on August 
5, 1993, from rate increases to fee collections for Outer 
Continental Shelf administrative activities performed by the 
Minerals Management Service (MMS) over and above the rates in 
effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established 
after September 30, 1993: Provided, That to the extent 
$103,730,000 in additions to receipts are not realized from the 
sources of receipts stated above, the amount needed to reach 
$103,730,000 shall be credited to this appropriation from 
receipts resulting from rental rates for Outer Continental 
Shelf leases in effect before August 5, 1993: Provided further, 
That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2006: Provided further, That 
funds appropriated under this Act shall be available for the 
payment of interest in accordance with 30 U.S.C. 1721(b) and 
(d): Provided further, That not to exceed $3,000 shall be 
available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities: Provided 
further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which 
the Director of MMS concurred with the claimed refund due, to 
pay amounts owed to Indian allottees or tribes, or to correct 
prior unrecoverable erroneous payments: Provided further, That 
MMS may under the royalty-in-kind program, or under its 
authority to transfer oil to the Strategic Petroleum Reserve, 
use a portion of the revenues from royalty-in-kind sales, 
without regard to fiscal year limitation, to pay for 
transportation to wholesale market centers or upstream pooling 
points, to process or otherwise dispose of royalty production 
taken in kind, and to recover MMS transportation costs, 
salaries, and other administrative costs directly related to 
the royalty-in-kind program: Provided further, That MMS shall 
analyze and document the expected return in advance of any 
royalty-in-kind sales to assure to the maximum extent 
practicable that royalty income under the pilot program is 
equal to or greater than royalty income recognized under a 
comparable royalty-in-value program: Provided further, That in 
fiscal year 2005 and thereafter, notwithstanding 30 U.S.C. 
191(a) and 43 U.S.C. 1338, the Secretary shall pay amounts owed 
to States under the provision of 30 U.S.C. 1721(b) from amounts 
received as current receipts from bonuses, royalties, interest 
collected from lessees and designees, and rentals of the public 
lands and the outer continental shelf under provisions of the 
Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are 
not payable to a State or the Reclamation Fund.

                           OIL SPILL RESEARCH

    For necessary expenses to carry out title I, section 1016, 
title IV, sections 4202 and 4303, title VII, and title VIII, 
section 8201 of the Oil Pollution Act of 1990, $7,105,000, 
which shall be derived from the Oil Spill Liability Trust Fund, 
to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       REGULATION AND TECHNOLOGY

    For necessary expenses to carry out the provisions of the 
Surface Mining Control and Reclamation Act of 1977, Public Law 
95-87, as amended, including the purchase of not to exceed 10 
passenger motor vehicles, for replacement only; $109,805,000: 
Provided, That the Secretary of the Interior, pursuant to 
regulations, may use directly or through grants to States, 
moneys collected in fiscal year 2005 for civil penalties 
assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 
adversely affected by coal mining practices after August 3, 
1977, to remain available until expended: Provided further, 
That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per 
diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                    ABANDONED MINE RECLAMATION FUND

    For necessary expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
as amended, including the purchase of not more than 10 
passenger motor vehicles for replacement only, $190,863,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund 
and to remain available until expended; of which up to 
$10,000,000, to be derived from the Federal Expenses Share of 
the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage 
from coal mines, and for associated activities, through the 
Appalachian Clean Streams Initiative: Provided, That grants to 
minimum program States will be $1,500,000 per State in fiscal 
year 2005: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 
20 percent from the recovery of the delinquent debt owed to the 
United States Government to pay for contracts to collect these 
debts: Provided further, That funds made available under title 
IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government 
for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from abandoned 
mines: Provided further, That such projects must be consistent 
with the purposes and priorities of the Surface Mining Control 
and Reclamation Act: Provided further, That the State of 
Maryland may set aside the greater of $1,000,000 or 10 percent 
of the total of the grants made available to the State under 
title IV of the Surface Mining Control and Reclamation Act of 
1977, as amended (30 U.S.C. 1231 et seq.), if the amount set 
aside is deposited in an acid mine drainage abatement and 
treatment fund established under a State law, pursuant to which 
law the amount (together with all interest earned on the 
amount) is expended by the State to undertake acid mine 
drainage abatement and treatment projects, except that before 
any amounts greater than 10 percent of its title IV grants are 
deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface 
Mining Control and Reclamation Act priority one projects: 
Provided further, That amounts provided under this heading may 
be used for the travel and per diem expenses of State and 
tribal personnel attending Office of Surface Mining Reclamation 
and Enforcement sponsored training.

                        ADMINISTRATIVE PROVISION

    With funds available for the Technical Innovation and 
Professional Services program in this Act, the Secretary may 
transfer title for computer hardware, software and other 
technical equipment to State and Tribal regulatory and 
reclamation programs.

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

    For expenses necessary for the operation of Indian 
programs, as authorized by law, including the Snyder Act of 
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), 
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), as amended, $1,955,047,000, to remain 
available until September 30, 2006 except as otherwise provided 
herein, of which not to exceed $87,638,000 shall be for welfare 
assistance payments and notwithstanding any other provision of 
law, including but not limited to the Indian Self-Determination 
Act of 1975, as amended, not to exceed $136,314,000 shall be 
available for payments to tribes and tribal organizations for 
contract support costs associated with ongoing contracts, 
grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 2005, as 
authorized by such Act, except that tribes and tribal 
organizations may use their tribal priority allocations for 
unmet indirect costs of ongoing contracts, grants, or compacts, 
or annual funding agreements and for unmet welfare assistance 
costs; and of which not to exceed $456,057,000 for school 
operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 2005, and shall 
remain available until September 30, 2006; and of which not to 
exceed $61,801,000 shall remain available until expended for 
housing improvement, road maintenance, attorney fees, 
litigation support, the Indian Self-Determination Fund, land 
records improvement, and the Navajo-Hopi Settlement Program: 
Provided, That notwithstanding any other provision of law, 
including but not limited to the Indian Self-Determination Act 
of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
$45,348,000 within and only from such amounts made available 
for school operations shall be available to tribes and tribal 
organizations for administrative cost grants associated with 
ongoing grants entered into with the Bureau prior to or during 
fiscal year 2004 for the operation of Bureau-funded schools, 
and up to $1,000,000 within and only from such amounts made 
available for school operations shall be available for the 
transitional costs of initial administrative cost grants to 
tribes and tribal organizations that enter into grants for the 
operation on or after July 1, 2004 of Bureau-operated schools: 
Provided further, That any forestry funds allocated to a tribe 
which remain unobligated as of September 30, 2006, may be 
transferred during fiscal year 2007 to an Indian forest land 
assistance account established for the benefit of such tribe 
within the tribe's trust fund account: Provided further, That 
any such unobligated balances not so transferred shall expire 
on September 30, 2007.

                              CONSTRUCTION

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and 
preparation of lands for farming, and for construction of the 
Navajo Indian Irrigation Project pursuant to Public Law 87-483, 
$323,626,000, to remain available until expended: Provided, 
That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the 
Bureau of Reclamation: Provided further, That not to exceed 6 
percent of contract authority available to the Bureau of Indian 
Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a 
nonreimbursable basis: Provided further, That for fiscal year 
2005, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 
that are provided to tribally controlled grant schools under 
Public Law 100-297, as amended, the Secretary of the Interior 
shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR part 12 
as the regulatory requirements: Provided further, That such 
grants shall not be subject to section 12.61 of 43 CFR; the 
Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided 
further, That in considering applications, the Secretary shall 
consider whether the Indian tribe or tribal organization would 
be deficient in assuring that the construction projects conform 
to applicable building standards and codes and Federal, tribal, 
or State health and safety standards as required by 25 U.S.C. 
2005(b), with respect to organizational and financial 
management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow 
the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any 
grantee concerning a grant shall be subject to the disputes 
provision in 25 U.S.C. 2507(e): Provided further, That in order 
to ensure timely completion of replacement school construction 
projects, the Secretary may assume control of a project and all 
funds related to the project, if, within eighteen months of the 
date of enactment of this Act, any tribe or tribal organization 
receiving funds appropriated in this Act or in any prior Act, 
has not completed the planning and design phase of the project 
and commenced construction of the replacement school: Provided 
further, That, of the funds provided for the tribal school 
demonstration program, notwithstanding the provisions of 
paragraph (b)(1) of section 122 of division F of Public Law 
108-7, as amended by section 136 of Public Law 108-108, 
$4,500,000 is for the Eastern Band of Cherokee education campus 
at the Ravensford tract, $4,000,000 is for the Sac and Fox 
Meskwaki Settlement school, and $4,000,000 is for the Twin 
Buttes elementary school on the Fort Berthold Reservation: 
Provided further, That this Appropriation may be reimbursed 
from the Office of the Special Trustee for American Indians 
Appropriation for the appropriate share of construction costs 
for space expansion needed in agency offices to meet trust 
reform implementation.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

    For miscellaneous payments to Indian tribes and individuals 
and for necessary administrative expenses, $44,771,000, to 
remain available until expended, for implementation of Indian 
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for 
implementation of other land and water rights settlements, of 
which $10,032,000 shall be available for payment to the 
Quinault Indian Nation pursuant to the terms of the North 
Boundary Settlement Agreement dated July 14, 2000, providing 
for the acquisition of perpetual conservation easements from 
the Nation.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

    For the cost of guaranteed and insured loans, $6,421,000, 
of which $695,000 is for administrative expenses, as authorized 
by the Indian Financing Act of 1974, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $84,699,000.

                       ADMINISTRATIVE PROVISIONS

    The Bureau of Indian Affairs may carry out the operation of 
Indian programs by direct expenditure, contracts, cooperative 
agreements, compacts and grants, either directly or in 
cooperation with States and other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
may contract for services in support of the management, 
operation, and maintenance of the Power Division of the San 
Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and 
insurance fund, and the Indian Guaranteed Loan Program account) 
shall be available for expenses of exhibits, and purchase of 
not to exceed 229 passenger motor vehicles, of which not to 
exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office 
operations or pooled overhead general administration (except 
facilities operations and maintenance) shall be available for 
tribal contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the 
Indian Self-Determination Act or the Tribal Self-Governance Act 
of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made 
available by this Act to the Bureau of Indian Affairs for 
distribution to other tribes, this action shall not diminish 
the Federal Government's trust responsibility to that tribe, or 
the government-to-government relationship between the United 
States and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds 
available to the Bureau, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., 
shall be available to support the operation of any elementary 
or secondary school in the State of Alaska.
    Appropriations made available in this or any other Act for 
schools funded by the Bureau shall be available only to the 
schools in the Bureau school system as of September 1, 1996. No 
funds available to the Bureau shall be used to support expanded 
grades for any school or dormitory beyond the grade structure 
in place or approved by the Secretary of the Interior at each 
school in the Bureau school system as of October 1, 1995. Funds 
made available under this Act may not be used to establish a 
charter school at a Bureau-funded school (as that term is 
defined in section 1146 of the Education Amendments of 1978 (25 
U.S.C. 2026)), except that a charter school that is in 
existence on the date of the enactment of this Act and that has 
operated at a Bureau-funded school before September 1, 1999, 
may continue to operate during that period, but only if the 
charter school pays to the Bureau a pro rata share of funds to 
reimburse the Bureau for the use of the real and personal 
property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the 
Bureau does not assume any obligation for charter school 
programs of the State in which the school is located if the 
charter school loses such funding. Employees of Bureau-funded 
schools sharing a campus with a charter school and performing 
functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal 
employees for purposes of chapter 171 of title 28, United 
States Code.
    Notwithstanding any other provision of law, including sec. 
113 of Title I of Appendix C of Public Law 106-113, if a Tribe 
or tribal organization in fiscal year 2003 or 2004 received 
indirect and administrative costs pursuant to a distribution 
formula based on sec. 5(f) of Public Law 101-301, the Secretary 
shall continue to distribute indirect and administrative cost 
funds to such Tribe or tribal organization using the sec. 5(f) 
distribution formula.

                          Departmental Offices

                            Insular Affairs

                       ASSISTANCE TO TERRITORIES

    For expenses necessary for assistance to territories under 
the jurisdiction of the Department of the Interior, 
$76,255,000, of which: (1) $69,682,000 shall be available until 
expended for technical assistance, including maintenance 
assistance, disaster assistance, insular management controls, 
coral reef initiative activities, and brown tree snake control 
and research; grants to the judiciary in American Samoa for 
compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and 
support of governmental functions; grants to the Government of 
the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the 
Government of the Northern Mariana Islands as authorized by law 
(Public Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall be 
available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, 
including such transactions of all agencies or 
instrumentalities established or used by such governments, may 
be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United 
States Code: Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to those 
terms of the Agreement of the Special Representatives on Future 
United States Financial Assistance for the Northern Mariana 
Islands approved by Public Law 104-134: Provided further, That 
of the amounts provided for technical assistance, sufficient 
funds shall be made available for a grant to the Pacific Basin 
Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be 
made available for a grant to the Close Up Foundation: Provided 
further, That the funds for the program of operations and 
maintenance improvement are appropriated to institutionalize 
routine operations and maintenance improvement of capital 
infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets: 
Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous 
appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant 
to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                      COMPACT OF FREE ASSOCIATION

    For grants and necessary expenses, $5,499,000, as provided 
for in sections 221(a)(2), 221(b), and 233 of the Compact of 
Free Association for the Republic of Palau as authorized by 
Public Law 99-658; Public Law 108-188; and section 221(a)(2) of 
the Compacts of Free Association and their related agreements 
between the Government of the United States and the Government 
of the Republic of the Marshall Islands, and the Government of 
the United States of the Federated States of Micronesia, 
respectively, as amended.

                        Departmental Management

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses for management of the Department of 
the Interior, $90,855,000, of which not to exceed $8,500 may be 
for official reception and representation expenses, of which up 
to $1,000,000 shall be available for workers compensation 
payments and unemployment compensation payments associated with 
the orderly closure of the United States Bureau of Mines, and 
of which $14,250,000 shall remain available until expended for 
a departmental financial and business management system: 
Provided, That of the funds provided for a departmental 
financial and business management system, $13,500,000 shall be 
derived by transfer from unobligated balances in the ``Central 
Hazardous Materials Fund'': Provided further, That none of the 
funds in this or previous appropriations Acts may be used to 
establish any additional reserves in the Working Capital Fund 
account other than the two authorized reserves without prior 
approval of the House and Senate Committees on Appropriations: 
Provided further, That amounts otherwise appropriated by this 
Act for motor vehicle lease, purchase or service costs at the 
Department of the Interior are reduced by $3,000,000 and, not 
later than 30 days after the date of the enactment of this Act, 
the Director of the Office of Management and Budget shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a listing of the amounts by 
account of the reductions made pursuant to this proviso.

                       PAYMENTS IN LIEU OF TAXES

    For expenses necessary to implement the Act of October 20, 
1976, as amended (31 U.S.C. 6901-6907), $230,000,000, of which 
not to exceed $400,000 shall be available for administrative 
expenses: Provided, That no payment shall be made to otherwise 
eligible units of local government if the computed amount of 
the payment is less than $100.

                        Office of the Solicitor

                         SALARIES AND EXPENSES

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

                      Office of Inspector General

                         SALARIES AND EXPENSES

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

             Office of Special Trustee for American Indians

                         FEDERAL TRUST PROGRAMS

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and 
grants, $196,267,000, to remain available until expended, of 
which not to exceed $58,000,000 shall be available for 
historical accounting: Provided, That funds for trust 
management improvements and litigation support may, as needed, 
be transferred to or merged with the Bureau of Indian Affairs, 
``Operation of Indian Programs'' account; the Office of the 
Solicitor, ``Salaries and Expenses'' account; and the 
Departmental Management, ``Salaries and Expenses'' account: 
Provided further, That funds made available to Tribes and 
Tribal organizations through contracts or grants obligated 
during fiscal year 2005, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain 
available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the 
statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the 
enactment of this Act, concerning losses to or mismanagement of 
trust funds, until the affected tribe or individual Indian has 
been furnished with an accounting of such funds from which the 
beneficiary can determine whether there has been a loss: 
Provided further, That notwithstanding any other provision of 
law, the Secretary shall not be required to provide a quarterly 
statement of performance for any Indian trust account that has 
not had activity for at least 18 months and has a balance of 
$1.00 or less: Provided further, That the Secretary shall issue 
an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to 
be withdrawn upon the express written request of the account 
holder: Provided further, That not to exceed $50,000 is 
available for the Secretary to make payments to correct 
administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 
30, 2002: Provided further, That erroneous payments that are 
recovered shall be credited to and remain available in this 
account for this purpose.

                       INDIAN LAND CONSOLIDATION

    For consolidation of fractional interests in Indian lands 
and expenses associated with redetermining and redistributing 
escheated interests in allotted lands, and for necessary 
expenses to carry out the Indian Land Consolidation Act of 
1983, as amended, by direct expenditure or cooperative 
agreement, $35,000,000, to remain available until expended, and 
which may be transferred to the Bureau of Indian Affairs and 
Departmental Management accounts: Provided, That funds provided 
under this heading may be expended pursuant to the authorities 
contained in the provisos under the heading ``Office of Special 
Trustee for American Indians, Indian Land Consolidation'' of 
the Interior and Related Agencies Appropriations Act, 2001 
(Public Law 106-291).

           Natural Resource Damage Assessment and Restoration

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

    To conduct natural resource damage assessment and 
restoration activities by the Department of the Interior 
necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as 
amended (42 U.S.C. 9601 etseq.), Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act 
of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law 
101-337, as amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain 
available until expended.

                       ADMINISTRATIVE PROVISIONS

    There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of 
which shall be for replacement and which may be obtained by 
donation, purchase or through available excess surplus 
property: Provided, That existing aircraft being replaced may 
be sold, with proceeds derived or trade-in value used to offset 
the purchase price for the replacement aircraft: Provided 
further, That no programs funded with appropriated funds in the 
``Departmental Management'', ``Office of the Solicitor'', and 
``Office of Inspector General'' may be augmented through the 
Working Capital Fund: Provided further, That the annual budget 
justification for Departmental Management shall describe 
estimated Working Capital Fund charges to bureaus and offices, 
including the methodology on which charges are based: Provided 
further, That departures from the Working Capital Fund 
estimates contained in the Departmental Management budget 
justification shall be presented to the Committees on 
Appropriations for approval: Provided further, That the 
Secretary shall provide a semi-annual report to the Committees 
on Appropriations on reimbursable support agreements between 
the Office of the Secretary and the National Business Center 
and the bureaus and offices of the Department, including the 
amounts billed pursuant to such agreements.

             General Provisions, Department of the Interior

    Sec. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau or 
office), with the approval of the Secretary, for the emergency 
reconstruction, replacement, or repair of aircraft, buildings, 
utilities, or other facilities or equipment damaged or 
destroyed by fire, flood, storm, or other unavoidable causes: 
Provided, That no funds shall be made available under this 
authority until funds specifically made available to the 
Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to 
this section are hereby designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as 
made applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287, and must be replenished by a 
supplemental appropriation which must be requested as promptly 
as possible.
    Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the 
several agencies, for the suppression or emergency prevention 
of wildland fires on or threatening lands under the 
jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its 
jurisdiction; for emergency actions related to potential or 
actual earthquakes, floods, volcanoes, storms, or other 
unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage 
assessment activities related to actual oil spills; for the 
prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in 
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
emergency reclamation projects under section 410 of Public Law 
95-87; and shall transfer, from any no year funds available to 
the Office of Surface Mining Reclamation and Enforcement, such 
funds as may be necessary to permit assumption of regulatory 
authority in the event a primacy State is not carrying out the 
regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations 
shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, 
or other equipment in connection with their use for wildland 
fire operations, such reimbursement to be credited to 
appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, 
no funds shall be made available under this authority until the 
Secretary determines that funds appropriated for ``wildland 
fire operations'' shall be exhausted within 30 days: Provided 
further, That all funds used pursuant to this section are 
hereby designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287, and must be replenished by a 
supplemental appropriation which must be requested as promptly 
as possible: Provided further, That such replenishment funds 
shall be used to reimburse, on a pro rata basis, accounts from 
which emergency funds were transferred.
    Sec. 103. Appropriations made to the Department of the 
Interior shall hereafter be available for operation of 
warehouses, garages, shops, and similar facilities, wherever 
consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for 
services rendered to any other activity in the same manner as 
authorized by sections 1535 and 1536 of title 31, United States 
Code: Provided, That reimbursements for costs and supplies, 
materials, equipment, and for services rendered may be credited 
to the appropriation current at the time such reimbursements 
are received.
    Sec. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as 
authorized by 5 U.S.C. 3109, when authorized by the Secretary, 
in total amount not to exceed $500,000; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private 
residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in 
societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who are 
not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall hereafter be available 
for uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Annual appropriations made to the Department of 
the Interior shall hereafter be available for obligation in 
connection with contracts issued for services or rentals for 
periods not in excess of 12 months beginning at any time during 
the fiscal year.
    Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under 
restriction in the President's moratorium statement of June 12, 
1998, in the areas of northern, central, and southern 
California; the North Atlantic; Washington and Oregon; and the 
eastern Gulf of Mexico south of 26 degrees north latitude and 
east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and 
natural gas preleasing, leasing and related activities in the 
eastern Gulf of Mexico planning area for any lands located 
outside Sale 181, as identified in the final Outer Continental 
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
    Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural 
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
    Sec. 110. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may providefor and regulate local non-
recreational passage through units of the National Park System, 
allowing each unit to develop guidelines and permits for such activity 
appropriate to that unit.
    Sec. 111. Advance payments made by the Department of the 
Interior to Indian tribes, tribal organizations, and tribal 
consortia pursuant to the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) or the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
seq.) may hereafter be invested by the Indian tribe, tribal 
organization, or consortium before such funds are expended for 
the purposes of the grant, compact, or annual funding agreement 
so long as such funds are--
            (1) invested by the Indian tribe, tribal 
        organization, or consortium only in obligations of the 
        United States, or in obligations or securities that are 
        guaranteed or insured by the United States, or mutual 
        (or other) funds registered with the Securities and 
        Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured 
        by an agency or instrumentality of the United States, 
        or are fully collateralized to ensure protection of the 
        funds, even in the event of a bank failure.
    Sec. 112. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special Trustee 
for American Indians and any unobligated balances from prior 
appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust 
management and reform activities, except that total funding for 
historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.
    Sec. 113. Notwithstanding any other provision of law, for 
the purpose of reducing the backlog of Indian probate cases in 
the Department of the Interior, the hearing requirements of 
chapter 10 of title 25, United States Code, are deemed 
satisfied by a proceeding conducted by an Indian probate judge, 
appointed by the Secretary without regard to the provisions of 
title 5, United States Code, governing the appointments in the 
competitive service, for such period of time as the Secretary 
determines necessary: Provided, That the basic pay of an Indian 
probate judge so appointed may be fixed by the Secretary 
without regard to the provisions of chapter 51, and subchapter 
III of chapter 53 of title 5, United States Code, governing the 
classification and pay of General Schedule employees, except 
that no such Indian probate judge may be paid at a level which 
exceeds the maximum rate payable for the highest grade of the 
General Schedule, including locality pay.
    Sec. 114. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any 
Tribal Priority Allocation funds, including tribal base funds, 
to alleviate tribal funding inequities by transferring funds to 
address identified, unmet needs, dual enrollment, overlapping 
service areas or inaccurate distribution methodologies. No 
tribe shall receive a reduction in Tribal Priority Allocation 
funds of more than 10 percent in fiscal year 2005. Under 
circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent 
limitation does not apply.
    Sec. 115. Funds appropriated for the Bureau of Indian 
Affairs for postsecondary schools for fiscal year 2005 shall be 
allocated among the schools proportionate to the unmet need of 
the schools as determined by the Postsecondary Funding Formula 
adopted by the Office of Indian Education Programs.
    Sec. 116. (a) The Secretary of the Interior shall hereafter 
take such action as may be necessary to ensure that the lands 
comprising the Huron Cemetery in Kansas City, Kansas (as 
described in section 123 of Public Law 106-291) are used only 
in accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) 
for religious and cultural uses that are compatible with the 
use of the lands as a cemetery; and (2) as a burial ground.
    Sec. 117. Notwithstanding any other provision of law, in 
conveying the Twin Cities Research Center under the authority 
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife 
Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 118. Notwithstanding 31 U.S.C. 3302(b), sums received 
by the Bureau of Land Management for the sale of seeds or 
seedlings, may hereafter be credited to the appropriation from 
which funds were expended to acquire or grow the seeds or 
seedlings and are available without fiscal year limitation.
    Sec. 119. The Secretary of the Interior may use or contract 
for the use of helicopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
transporting horses and burros. The provisions of subsection 
(a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not 
be applicable to such use. Such use shall be in accordance with 
humane procedures prescribed by the Secretary.
    Sec. 120. (a) Limitation on Increases in Claims Maintenance 
and Location Fees.--The fees established in 30 U.S.C. 28f and 
28g shall be equal to the fees in effect immediately prior to 
the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the 
Department of the Interior has complied with the obligations 
established in subsections (b) and (c).
    (b) Establishment of Permit Tracking System.--The 
Department of the Interior shall establish a nationwide 
tracking system to determine and address the length of time 
from submission of a plan of operations to mine on public lands 
to final approval of such submission.
    (c) Report.--Within one year of enactment, the Department 
shall file a detailed report with the House and Senate 
Committees on Appropriations and the Committee on Resources of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate providing detailed information 
on the length of timeit takes the Department to approve 
proposed mining plans of operations and recommending steps to reduce 
current delays.
    Sec. 121. Funds provided in this Act for Federal land 
acquisition by the National Park Service for Shenandoah Valley 
Battlefields National Historic District and Ice Age National 
Scenic Trail may be used for a grant to a State, a local 
government, or any other land management entity for the 
acquisition of lands without regard to any restriction on the 
use of Federal land acquisition funds provided through the Land 
and Water Conservation Fund Act of 1965 as amended.
    Sec. 122. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or 
requires the removal of the underground lunchroom at the 
Carlsbad Caverns National Park.
    Sec. 123. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
such bridge, when such pedestrian use is consistent with 
generally accepted safety standards.
    Sec. 124. None of the funds in this or any other Act can be 
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United 
States District Court for the District of Columbia in the 
Cobell v. Norton litigation at an annual rate that exceeds 200 
percent of the highest Senior Executive Service rate of pay for 
the Washington-Baltimore locality pay area.
    Sec. 125. The Secretary of the Interior may use 
discretionary funds to pay private attorneys fees and costs for 
employees and former employees of the Department of the 
Interior reasonably incurred in connection with Cobell v. 
Norton to the extent that such fees and costs are not paid by 
the Department of Justice or by private insurance. In no case 
shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest 
hourly rate approved by the District Court for the District of 
Columbia for counsel in Cobell v. Norton.
    Sec. 126. The United States Fish and Wildlife Service 
shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement a system 
of mass marking of salmonid stocks, intended for harvest, that 
are released from Federally operated or Federally financed 
hatcheries including but not limited to fish releases of coho, 
chinook, and steelhead species. Marked fish must have a visible 
mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 127. Such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', may be transferred to 
``United States Fish and Wildlife Service, Resource 
Management'' for operational needs at the Midway Atoll National 
Wildlife Refuge airport.
    Sec. 128. (a) In General.--Nothing in section 134 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision of the United 
States Court of Appeals for the 10th Circuit in Sac and Fox 
Nation v. Norton, 240 F.3d 1250 (2001).
    (b) Use of Certain Indian Land.--Nothing in this section 
permits the conduct of gaming under the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
section 123 of the Department of the Interior and Related 
Agencies Appropriations Act, 2001 (114 Stat. 944), or land that 
is contiguous to that land, regardless of whether the land or 
contiguous land has been taken into trust by the Secretary of 
the Interior.
    Sec. 129. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam.
    Sec. 130. Notwithstanding the limitation in subparagraph 
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 
U.S.C. 2717(a)), the total amount of all fees imposed by the 
National Indian Gaming Commission for fiscal year 2006 shall 
not exceed $12,000,000.
    Sec. 131. Notwithstanding any implementation of the 
Department of the Interior's trust reorganization or 
reengineering plans, or the implementation of the ``To Be'' 
Model, funds appropriated for fiscal year 2005 shall be 
available to the tribes within the California Tribal Trust 
Reform Consortium and to the Salt River Pima-Maricopa Indian 
Community, the Confederated Salish and Kootenai Tribes of the 
Flathead Reservation and the Chippewa Cree Tribe of the Rocky 
Boys Reservation through the same methodology as funds were 
distributed in fiscal year 2003. This Demonstration Project 
shall continue to operate separate and apart from the 
Department of the Interior's trust reform and reorganization 
and the Department shall not impose its trust management 
infrastructure upon or alter the existing trust resource 
management systems of the above referenced tribes having a 
self-governance compact and operating in accordance with the 
Tribal Self-Governance Program set forth in 25 U.S.C. Sections 
458aa-458hh: Provided, That the California Trust Reform 
Consortium and any other participating tribe agree to carry out 
their responsibilities under the same written and implemented 
fiduciary standards as those being carried by the Secretary of 
the Interior: Provided further, That they demonstrate to the 
satisfaction of the Secretary that they have the capability to 
do so: Provided further, That the Department shall provide 
funds to the tribes in an amount equal to that required by 25 
U.S.C. Section 458cc(g)(3), including funds specifically or 
functionally related to the provision of trust services to the 
tribes or their members.
    Sec. 132. Notwithstanding any provision of law, including 
42 U.S.C. 4321 et. seq., nonrenewable grazing permits 
authorized in the Jarbidge Field Office, Bureau of Land 
Management within the past 8 years, shall be renewed. The 
Animal Unit Months contained in the most recently expired 
nonrenewable grazing permit, authorized between March 1, 1997, 
and February 28, 2003, shall continue in effect under the 
renewed permit. Nothing in this section shall be deemed to 
extend the nonrenewable permits beyond the standard 1-year 
term.
    Sec. 133. Pursuant to section 10101f(d)(3) of the Omnibus 
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the 
following claims shall be given notice of defect and the 
opportunity to cure: AKFF061472, AKFF085155-AKFF085156, 
AKFF061632-AKFF061633, AKFF061636-AKFF061637, and AKFF084718.
    Sec. 134. Section 702(b)(2) of Public Law 107-282 (116 
Stat. 2013) is amended by striking ``that if the land'' and all 
that follows through ``conveyed by the Foundation.'' and 
inserting the following: ``that provides that (except in a case 
in which the proceeds of a lease are provided to the Foundation 
to carry out the purposes for which the Foundation was 
established), if the land described in paragraph (3) is sold, 
leased, or otherwise conveyed by the Foundation--''.
    Sec. 135. Amendment of the Surface Mining Control and 
Reclamation Act of 1977. (a) Section 402(b) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) 
is amended by striking ``September 30, 2004'' and inserting 
``June 30, 2005''.
    (b) Section 125 of Public Law 108-309 is hereby repealed.
    Sec. 136. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, 
waters, or interests therein including the use of all or part 
of any pier, dock, or landing within the State of New York and 
the State of New Jersey, for the purpose of operating and 
maintaining facilities in the support of transportation and 
accommodation of visitors to Ellis,Governors, and Liberty 
Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and 
other monetary consideration), or by exchange; and the Secretary is 
authorized to negotiate and enter into leases, subleases, concession 
contracts or other agreements for the use of such facilities on such 
terms and conditions as the Secretary may determine reasonable.
    Sec. 137. Ernest F. Hollings ACE Basin National Wildlife 
Refuge. (a) Redesignation.--The ACE Basin National Wildlife 
Refuge in the State of South Carolina shall be known and 
designated as the ``Ernest F. Hollings ACE Basin National 
Wildlife Refuge''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
refuge referred to in subsection (a) shall be deemed to be a 
reference to the Ernest F. Hollings ACE Basin National Wildlife 
Refuge.
    Sec. 138. Financial Assistance; Flood Insurance. The 
limitations on Federal expenditures or financial assistance in 
section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) 
and the limitations on flood insurance coverage in section 
1321(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4028(a)) shall not apply to lots 15, 16, 25, and 29 within the 
Jeremy Cay Subdivision on Edisto Island, South Carolina, 
depicted on the reference map entitled ``John H. Chafee Coastal 
Barrier Resources System Edisto Complex M09/M09P'' dated 
January 24, 2003.
    Sec. 139. (a) There is hereby released, without 
consideration, all right, title, and interest of the United 
States in and to the surface portion of that portion of the 
existing building located at 615 North Burnett Road in Tipton, 
California, which encroaches upon land that, subject to a 
reversionary interest, was conveyed by the United States 
pursuant to the Act of July 27, 1866 (14 Stat. 292). The United 
States retains any subsurface mineral rights held by the United 
States as of the date of the enactment of this Act associated 
with that property. The Secretary of the Interior shall execute 
and file in the appropriate office a deed of release, amended 
deed, or other appropriate instrument effectuating the release 
of interests made by this subsection.
    (b) Section 314 of the National Parks and Recreation Act of 
1978 (Public Law 95-625; 92 Stat. 3480) is amended--
            (1) in subsection (c)(2), by striking ``Such rights 
        of use and occupancy shall be for not more than twenty-
        five years or for a term ending at the death of the 
        owner or his or her spouse, whichever is later.''; and
            (2) in subsection (d)(2)(B), by inserting ``and to 
        their heirs, successors, and assigns'' after ``those 
        persons who were lessees or permittees of record on the 
        date of enactment of this Act''.
    (c)(1) The first section of Public Law 99-338 is amended by 
striking ``one renewal'' and inserting ``3 renewals''.
      (2) Section 3 of Public Law 99-338 is amended to read as 
follows:
    ``Sec. 3. The permit shall contain the following 
provisions:
            ``(1) A prohibition on expansion of the Kaweah 
        Project in Sequoia National Park.
            ``(2) A requirement that an independent safety 
        assessment of the Kaweah Project be conducted, and that 
        any deficiencies identified as a result of the 
        assessment would be corrected.
            ``(3) A requirement that the Secretary prepare and 
        submit to Congress an update of the July 1983 report on 
        the impact of the operations of the Kaweah No. 3 
        facility on Sequoia National Park.
            ``(4) A requirement that the permittee pay the park 
        compensation as determined by the Secretary in 
        consultation with the permittee.
            ``(5) Any other reasonable terms and conditions 
        that the Secretary of the Interior deems necessary and 
        proper for the management and care of Sequoia National 
        Park and the purposes for which it was established.''.
      (3) Public Law 99-338 is further amended by adding at the 
end the following new section:
      ``Sec. 4. The proceeds from any fees imposed pursuant to 
a permit issued under this Act shall be retained by Sequoia 
National Park and Kings Canyon National Park and shall be 
available, without further appropriation, for resources 
protection, maintenance, and other park operational needs.''.
    Sec. 140. (a) Short Title. This section may be cited as the 
``Gaylord A. Nelson Apostle Islands National Lakeshore 
Wilderness Act''.
    (b) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled 
        ``Apostle Islands Lakeshore Wilderness'', numbered 633/
        80,058 and dated September 17, 2004.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
            (3) High-water mark.--The term ``high-water mark'' 
        means the point on the bank or shore up to which the 
        water, by its presence and action or flow, leaves a 
        distinct mark indicated by erosion, destruction of or 
        change in vegetation or other easily recognizable 
        characteristic.
    (c) Designation of Apostle Islands National Lakeshore 
Wilderness.--
            (1) Designation.--Certain lands comprising 
        approximately 33,500 acres within the Apostle Islands 
        National Lakeshore, as generally depicted on the map 
        referred to in subsection (b), are hereby designated as 
        wilderness in accordance with section 3(c) of the 
        Wilderness Act (16 U.S.C. 1132), and therefore as 
        components of the National Wilderness Preservation 
        System.
            (2) Map and description.--
                    (A) The map referred to in subsection (b) 
                shall be on file and available for public 
                inspection in the appropriate offices of the 
                National Park Service.
                    (B) As soon as practical after enactment of 
                this section, the Secretary shall submit a 
                description of the boundary of the wilderness 
                areas to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on 
                Resources of the United States House of 
                Representatives.
                    (C) The map and description shall have the 
                same force and effect as if included in this 
                section, except that the Secretary may correct 
                clerical and typographical errors in the 
                description and maps.
            (3) Boundary of the wilderness.--Any portion of 
        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 on 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:
    ``(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. (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 it territories unless--
                            ``(i) it was native to the United 
                        States or its territories and extant in 
                        1918;
                            ``(ii) it was extirpated after 1918 
                        throughout its range in the United 
                        States and its territories; and
                            ``(iii) after such extirpation, it 
                        was reintroduced in the United States 
                        or its territories as a part of a 
                        program carried out by a Federal 
                        agency.''.
    (c) Publication of List.--
            (1) In general.--Not later than 90 days after the 
        date of enactment of this section, the Secretary of the 
        Interior shall publish in the Federal Register a list 
        of all nonnative, human-introduced bird species to 
        which the Migratory Bird Treaty Act (16 U.S.C. 703 et 
        seq.) does not apply. As necessary, the Secretary may 
        update and publish the list of species exempted from 
        protection of the Migratory Bird Treaty Act.
            (2) Public comment.--Before publishing the list 
        under paragraph (1), the Secretary shall provide 
        adequate time for public comment.
            (3) Effect of section.--Nothing in this subsection 
        shall delay implementation of other provisions of this 
        section or amendments made by this section that exclude 
        nonnative, human-introduced bird species from the 
        application of the Migratory Bird Treaty Act (16 U.S.C. 
        703 et seq.).
    (d) Relationship to Treaties.--It is the sense of Congress 
that the language of this section is consistent with the intent 
and language of the 4 bilateral treaties implemented by this 
section.
    Sec. 144. (a) Short Title.--This section may be cited as 
the ``Foundation for Nevada's Veterans Land Transfer Act of 
2004''.
    (b) Transfer of Administrative Jurisdiction, Bureau of Land 
Management Land, Clark County, Nevada.--
            (1) In general.--Administrative jurisdiction over 
        the land described in paragraph (2) is transferred from 
        the Secretary of the Interior to the Secretary of 
        Veterans Affairs.
            (2) Description of land.--The parcel of land 
        referred to in paragraph (1) is the approximately 150 
        acres of Bureau of Land Management land in Clark 
        County, Nevada, as 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