Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4754 Referred in Senate (RFS)]

2d Session
H. R. 4754

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 9, 2004

Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, and for other purposes, namely:

TITLE I--DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of
Justice, $124,906,000 (reduced by $27,000,000) (reduced by $50,000), 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 (reduced by $50,000) 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 15 permanent positions, 20 full-time
equivalent workyears and $1,990,000 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, $20,000,000, to remain available until
September 30, 2006.

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, $50,000,000
(reduced by $33,251,000), 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, $202,518,000.

detention trustee

For necessary expenses of the Federal Detention Trustee,
$938,810,000, 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, $10,650,000.

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, $639,314,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That 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:
Provided further, That of the total amount appropriated, not to exceed
$1,000 shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional 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, $135,463,000, 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 $34,463,000.

salaries and expenses, united states attorneys

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,535,000,000; 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, in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys, not to exceed
10,238 positions and 10,361 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the United States
Attorneys.

united states trustee system fund

For necessary expenses of the United States Trustee Program, as
authorized, $172,850,000, 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, $172,850,000 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.

salaries and expenses, united states marshals service

For necessary expenses of the United States Marshals Service,
$752,070,000; of which $17,472,000 shall be available for 106
supervisory deputy marshal positions for courthouse security; 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 $8,221,000 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 4,578 positions and 4,404 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, $1,371,000,
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,
$9,833,000: 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),
$72,000,000 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 $916,000,000 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 30,078 positions and 29,102 full-time equivalent workyears shall
be supported from the funds appropriated in this Act for the Federal
Bureau of Investigation.

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,
$1,661,503,000; 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 8,440
positions and 8,289 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 $18,000 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, $870,357,000, 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.

Federal Prison System

salaries and expenses

For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 780, of which 649 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments, $4,567,232,000: 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 $50,000,000 shall remain
available 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: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act.

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 $3,429,000 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 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, $217,000,000, 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; $1,255,037,000 (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) $80,000,000 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) $15,000,000 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,
of which not to exceed $1,000,000 shall be for use by
the Bureau of Justice Statistics to collect data
necessary for carrying out this program; and
(C) $5,000,000 for USA Freedom Corps activities;
(2) $325,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act;
(3) $15,000,000 for assistance to Indian tribes, of which--
(A) $2,000,000 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;
(4) $110,000,000 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;
(5) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(6) $883,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(7) $50,000,000 for Drug Courts, as authorized by Part EE
of the 1968 Act;
(8) $1,979,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(9) $10,000,000 for a prescription drug monitoring program;
(10) $52,175,000 for prison rape prevention and prosecution
programs as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), of which $2,175,000 shall be
transferred to the National Prison Rape Reduction Commission
for authorized activities;
(11) $35,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(12) $10,000,000 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; and
(13) $1,000,000 for a State and local law enforcement hate
crimes training and technical assistance program:
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 to implement ``Weed and Seed'' program
activities, $51,169,000, to remain available until expended, 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.

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), $686,702,000, 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 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) $113,000,000 is for law enforcement enhancement grants
pursuant to the amendments made by section 253 of H.R. 3036 of
the 108th Congress, as passed by the House of Representatives
on March 30, 2004;
(2) $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;
(3) $60,000,000 is for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots'';
(4) $20,000,000 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;
(5) $130,000,000 is for a law enforcement technology
program;
(6) $50,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(7) $175,788,000 is for a DNA analysis and backlog
reduction program;
(8) $40,000,000 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;
(9) $15,000,000 is for an offender re-entry program, as
authorized by Public Law 107-273;
(10) $30,000,000 is for Project Safe Neighborhoods to
reduce gun violence, and gang and drug-related crime; and
(11) not to exceed $27,914,000 is for program management
and administration.

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); $383,551,000 to
remain available until expended, as follows--
(1) $11,484,000 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) $176,747,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $5,200,000 shall be for the National Institute
of Justice for research and evaluation;
(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) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by Public Law
108-21;
(5) $62,479,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $38,274,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
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) $39,322,000 for legal assistance for victims, as
authorized by section 1201 of Public Law 106-386;
(11) $4,458,000 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 of Public Law 106-386;
(13) $6,922,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of Public Law 106-386; and
(14) $10,339,000 for management and administration not
elsewhere specified.

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, $349,000,000, to
remain available until expended, as follows--
(1) $350,000 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) $70,000,000 for demonstration projects, as authorized
by sections 261 and 262 of the Act;
(4) $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) $20,000,000 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;
(5) $10,000,000 for Project Childsafe;
(6) $20,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
(7) $10,650,000 for Project Sentry to reduce youth gun
violence, and gang and drug-related crime;
(8) $14,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(9) $60,000,000 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 in this section
may be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized, and 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) (increased by
$50,000); 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.
Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
during fiscal year 2005.
Sec. 108. 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).
Sec. 109. (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. 110. 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. 111. (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. 112. (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. 113. (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. 114. 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).''.
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).

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 $47,509,000 shall be for
Manufacturing and Services; $39,087,000 shall be for Market Access and
Compliance; $58,044,000 shall be for the Import Administration of which
not less than $3,000,000 is for the Office of China Compliance;
$230,864,000 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 $26,009,000 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.

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 September
30, 2006, of which $7,128,000 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, $289,762,000, to remain available until
expended.

salaries and expenses

For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,565,000: 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, $28,899,000.

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,
$78,211,000, 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,
$202,765,000.

periodic censuses and programs

For necessary expenses related to the 2010 decennial census,
$399,976,000, to remain available until September 30, 2006: Provided,
That, of the total amount available related to the 2010 decennial
census, $173,806,000 is for the Re-engineered Design Process for the
Short-Form Only Census, $146,009,000 is for the American Community
Survey, and $80,161,000 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, $171,140,000,
to remain available until September 30, 2006, of which $73,473,000 is
for economic statistics programs and $97,667,000 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.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $15,282,000,
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, $2,538,000, to remain available until
expended as authorized by section 391 of the Act: Provided, 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,
$1,314,653,000, 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 in this
appropriation: 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 $1,314,653,000, this amount shall be reduced
accordingly: Provided further, That not less than 584 full-time
equivalents, 602 positions and $78,450,000 shall be for the examination
of trademark applications; and not less than 5,435 full-time
equivalents, 5,848 positions and $866,007,000 shall be for the
examination and searching of patent applications: Provided further,
That not more than 264 full-time equivalents, 271 positions and
$36,861,000 shall be for the Office of the General Counsel: 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.
Upon enactment of authorization to increase fees collected pursuant
to 35 U.S.C. 41, any resulting increased receipts 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 $1,533,407,000: 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.

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of Standards and
Technology, $375,838,000, to remain available until expended, of which
not to exceed $8,982,000 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, $106,000,000, 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, $43,132,000, 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; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized, $2,245,000,000, to remain available until September 30,
2006: Provided, That fees and donations received by the National Ocean
Service for the management of the 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, $79,000,000 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 $2,337,000,000
provided for in direct obligations under this heading (of which
$2,245,000,000 is appropriated from the General Fund, $79,000,000 is
provided by transfer, and $13,000,000 is derived from deobligations
from prior years), $351,000,000 shall be for the National Ocean
Service, $525,700,000 shall be for the National Marine Fisheries
Service, $318,500,000 shall be for Oceanic and Atmospheric Research,
$698,700,000 shall be for the National Weather Service, $139,500,000
shall be for the National Environmental Satellite, Data, and
Information Service, and $303,600,000 shall be for Program Support:
Provided further, That no general administrative charge shall be
applied against an assigned activity included in this Act or the report
accompanying this Act: Provided further, That the total amount
available for National Oceanic and Atmospheric Administration corporate
services administrative support costs shall not exceed $173,600,000:
Provided further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in previous
years shall be subject to the procedures set forth in section 605 of
this Act.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for 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, $840,000,000 to remain available until
September 30, 2007: 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 any use of deobligated balances of
funds provided under this heading in previous years 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.

pacific coastal salmon recovery

For necessary expenses associated with conservation and habitat
restoration of Pacific salmon populations listed as endangered or
threatened, $80,000,000.

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 $30,000,000 for traditional loan programs,
fishing capacity reduction programs, individual fishing quotas,
aquaculture facilities, reconditioning of fishing vessels for the
purpose of reducing bycatch or reducing capacity in an overfished
fishery, and the purchase of assets sold at foreclosure instituted by
the Secretary: 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.

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, $52,109,000 (reduced by $50,000)
(increased by $50,000): Provided, That not to exceed 12 full-time
equivalents and $1,621,000 shall be expended for the legislative
affairs function of the Department.

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.), $22,249,000.

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.
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, $22,936,000.

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.
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 $3,471,000, 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, $676,469,000, 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)), $62,800,000, 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),
$379,580,000, of which not to exceed $15,000,000 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, $68,635,000, 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 $1,000
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.
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, $3,580,000,000 (reduced by $25,000)
(increased by $25,000): Provided, That not to exceed 71 permanent
positions and $8,649,000 shall be expended for 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.
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,
$658,701,000, to remain available until expended.
In addition, for the costs of worldwide OpenNet and classified
connectivity infrastructure, $40,000,000, to remain available until
expended.

capital investment fund

For necessary expenses of the Capital Investment Fund,
$100,000,000, 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.

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, $345,346,000, 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.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $912,320,000, to remain
available until expended.

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,
$7,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.

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, $1,194,210,000, of
which up to $6,000,000 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 further, 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 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, $650,000,000:
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, $26,800,000.

construction

For detailed plan preparation and construction of authorized
projects, $4,475,000, 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,
$9,356,000, 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, $19,097,000: 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.

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,
$5,000,000: 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, $51,000,000 (reduced by $10,421,000) 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 to the Middle East Television
Network, including Radio Sawa, for radio and television broadcasting to
the Middle East, $601,740,000; of which $6,000,000 shall remain
available until expended, 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.
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, $1,200,000, 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.

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, $334,944,000: 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 Committee has been notified of such proposals, in
accordance with the reprogramming provisions of section 605 of this
Act.

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,
$279,851,000: Provided, That $272,958,000 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 $6,893,000: Provided further, That any offsetting
collections received in excess of $272,958,000 in fiscal year 2005
shall remain available until expended, but shall not be available for
obligation until October 1, 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, $203,430,000, 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 $80,529,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to implement
or enforce subsections (a), (e), or (f)(2)(B) of section 43 of the
Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b) 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; $13,160,000 is for management and
administration; and $2,945,000 is for client self-help and information
technology: 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.

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 $893,000,000 of such offsetting collections
shall be available until expended for necessary expenses of this
account: Provided further, That $20,000,000 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.

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, $322,322,000 (reduced by $8,460,000) of which
$13,000,000 shall be available for microloan technical assistance, and
of which $1,000,000 shall be transferred to and merged with
appropriations for `Business Loans Program Account' and shall remain
available until expended for the cost of direct loans (increased by
$1,500,000): 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.

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,
$14,500,000.

surety bond guarantees revolving fund

For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act, as amended,
$11,400,000 (reduced by 1,500,000), to remain available until expended.

business loans program account

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
$4,500,000,000: 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 $12,500,000,000: 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, $128,000,000 (increased by $79,132,000),
which may be transferred to and merged with the appropriations for
Salaries and Expenses.

disaster loans program account

For the cost of direct loans authorized by section 7(b) of the
Small Business Act, $78,887,000, 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.
In addition, for administrative expenses to carry out the direct
loan program, $117,000,000, 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 $108,000,000 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
$8,500,000 is for indirect administrative expenses: Provided, That any
amount in excess of $8,500,000 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), $2,227,000: 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.

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.

TITLE VI--GENERAL PROVISIONS

Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. 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 offices, programs or activities; or (6) 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
$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, 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. 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. 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. 609. The Departments of Commerce, Justice, and State, the
Judiciary, 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. 610. (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. 611. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 612. 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. 613. (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. 614. 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. 615. 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 $650,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 616. 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. 617. 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. 618. 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. 619. (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. 620. 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. 621. 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. 622. (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. 623. 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. 624. None of the funds made available in this Act may be used
to pay expenses for any United States delegation to the United Nations
Human Rights Commission 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 repeatedly
provided support for acts of international terrorism.
Sec. 625. 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. 626. 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.

TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

Office of Justice Programs

state and local law enforcement assistance

(rescission)

Of the unobligated balances available under this heading,
$20,000,000 are rescinded.

community oriented policing services

(rescission)

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

Sec. 801. None of the funds made available in this Act may be used
to implement, administer, or enforce the amendments made to sections
740.12 of title 15, Code of Federal Regulations (relating to license
exemptions for gift parcels and humanitarian donations for Cuba), and
740.14 of such title (relating to license exemptions for baggage taken
by individuals for travel to Cuba), as published in the Federal
Register on June 22, 2004 (69 Fed. Reg. 34565-34567).
Sec. 802. None of the funds made available in this Act may be used
in contravention of the provisions of section 214(d) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228).
Sec. 803. 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)).
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2005''.

Passed the House of Representatives July 7, 2004.

Attest:

JEFF TRANDAHL,

Clerk.