[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2809 Placed on Calendar Senate (PCS)]
Calendar No. 698
108th CONGRESS
2d Session
S. 2809
[Report No. 108-344]
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.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2004
Mr. Gregg, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
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, $141,466,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $10,825,000 shall be expended for the Department
Leadership Program exclusive of augmentation that occurred in these
offices in fiscal year 2003: Provided further, That not to exceed 26
permanent positions, 21 full-time equivalent workyears and $3,315,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 17 permanent positions, 21 full-time
equivalent workyears and $2,470,000 shall be expended for the Office of
Public Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos.
joint automated booking system
For expenses necessary for the nationwide deployment of a Joint
Automated Booking System including automated capability to transmit
fingerprint and image data, $20,185,000, to remain available until
September 30, 2006.
automated biometric identification system/integrated automated
fingerprint identification system
For necessary expenses for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and image data,
$5,054,000, to remain available until September 30, 2006.
legal activities office automation
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office automation
systems for the organizations funded under the headings ``Salaries and
Expenses, General Legal Activities'', and ``General Administration,
Salaries and Expenses'', and the United States Attorneys, the United
States Marshals Service, the Antitrust Division, the United States
Trustee Program, the Executive Office for Immigration Review, the
Community Relations Service, the Bureau of Prisons, the Office of
Justice Programs, and the United States Parole Commission, $70,502,000,
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, $68,021,000: 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, $205,411,000.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$885,994,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and
Alien Transportation System and for overseeing housing related to such
detention: Provided further, That any unobligated balances available in
prior years from the funds appropriated under the heading ``Federal
Prisoner Detention'' shall be transferred to and merged with the
appropriation under the heading ``Detention Trustee'' and shall be
available until expended.
office on violence against women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322) (``the 1994 Act''); [the Victims of Child
Abuse Act of 1990 (``the 1990 Act'';] the Prosecutorial Remedies and
Other Tools to End the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency Prevention
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); $410,000,000, to
remain available until expended. All balances from grants and
activities administered by the Office on Violence Against Women shall
be transferred from the Office of Justice Program to the Office on
Violence Against Women within 60 days of enactment of this Act. Of the
amounts provided:
Of the amount provided--
(1) $11,897,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,281,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $994,000 for grants for televised testimony, as
authorized by Part N of the 1968 Act;
(4) $175,705,000 for grants to combat violence against
women as authorized by part T of the 1968 Act, of which:
(A) $5,000,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women;
(B) $10,000,000 shall be for the Office of Juvenile
Justice and Delinquency Prevention for the Safe Start
Program, as authorized by the Juvenile Justice and
Delinquency Act of 1974 Act; and
(C) $10,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by Public Law
108-21;
(5) $64,503,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section
40295(a) of the 1994 Act;
(7) $4,957,000 training programs as authorized by section
40152 of the 1994 Act, and for related demonstration projects;
(8) $2,981,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,935,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106-386;
(10) $39,740,000 for legal assistance for victims, as
authorized by section 1201(c) of Public Law 106-386;
(11) $4,968,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $14,903,000 for the safe havens for children pilot
program, as authorized by section 1301(a) of Public Law 106-
386;
(13) $7,451,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402(a) of Public Law 106-386; and Division B, H.R.
2673, Consolidated Appropriations Bill, Fiscal Year 2004; and
(14) $30,000,000 for management and administration not
elsewhere specified.
office of inspector general
For necessary expenses of the Office of Inspector General,
$63,187,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $10,638,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
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, $623,364,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $1,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That $106,000 shall be transferred to the Department of State
for the Capital Security Cost Sharing Program: 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, $138,763,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed $101,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2005, so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at not more than $37,763,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,532,154,000; of which not to exceed $2,500,000 shall be available
until September 30, 2006, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That,
in addition to reimbursable full-time equivalent workyears available to
the Offices of the United States Attorneys, not to exceed 11,699 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys: Provided
further, That of the funds made available under this heading,
$1,500,000 shall only be available to continue ``Operation
Streetsweeper'': Provided further, That of the total amount
appropriated, $5,000,000 shall be for Project Seahawk and shall remain
available until expended.
interagency drug enforcement, united states attorneys
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, $295,409,000, of which $50,000,000 shall remain available
until September 30, 2006: Provided, That within 90 days of enactment of
this Act and thereafter, funds appropriated under this heading shall be
managed and executed by the Director of the Offices of the United
States Attorneys, and the Director of the Organized Crime and Drug
Enforcement Task Forces shall report directly to said Director:
Provided further, That any amounts obligated from appropriations under
this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further,
That any unobligated balances remaining available at the end of the
fiscal year shall revert to the Director of the Offices of the United
States Attorneys for reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming procedures set
forth in section 605 of this Act.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $174,355,000, 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, $174,355,000 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.
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.
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, and maintenance and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
community relations service
For necessary expenses of the Community Relations Service,
$9,494,000 and, in addition, up to $1,000,000 of funds made available
to the Department of Justice in this Act may be transferred by the
Attorney General to this account: 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.
United States Marshals Service
salaries and expenses/construction
For necessary expenses of the United States Marshals Service,
$744,725,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which $4,000,000
for information technology systems shall remain available until
expended; of which not less than $13,130,000 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, 2005; and of which not less than
$10,096,000 shall be available for construction of United States
Marshals Service prisoner-holding space in United States courthouses
and Federal buildings, including the renovation and expansion of
prisoner movement areas, elevators, and sallyports, to remain available
until September 30, 2007: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States Marshals
Service, not to exceed 4,514 positions and 4,625 full-time equivalent
workyears shall be supported from the funds appropriated in this Act
for the United States Marshals Service.
Federal Bureau of Investigation
salaries and expenses/construction
(including transfer of funds)
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, $4,990,728,000; of
which not to exceed $65,000,000 for automated data processing and
telecommunications and technical investigative equipment, and not to
exceed $1,000,000 for undercover operations, shall remain available
until September 30, 2006; of which $1,017,000,000 shall be for
counterterrorism investigations, foreign counterintelligence, and other
activities related to our national security; 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,
cybercrime, and drug investigations; and of which not less than
$21,390,000 shall be 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, to remain available until September 30, 2007: Provided, That
not to exceed $200,000 shall be available for official reception and
representation expenses: Provided further, That $2,863,000 shall be
transferred to the Department of State for the Capital Security Cost
Sharing Program: Provided further, That not more than $600,000,000
(including amounts made available in this and prior year Appropriations
Acts) shall be made available for the total cost to complete the
development, acquisition, and deployment of Trilogy, including the
Virtual Case File: Provided further, That up to $6,800,000 of prior
year unobligated balances shall be available for the necessary expense
of construction of an aviation hangar, to remain available until
September 30, 2006: Provided further, That of the amounts provided
under this heading for counterterrorism, not less than $5,000,000 shall
be available to the Investigative Technology Division for research and
development on emerging technologies: Provided further, That, in
addition to reimbursable full-time equivalent workyears available to
the Federal Bureau of Investigation, not to exceed 29,793 positions and
28,888 full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of Investigation.
foreign terrorist tracking task force/terrorist threat integration
center/terrorist screening center
For expenses necessary for the Foreign Terrorist Tracking Task Force,
the Terrorist Threat Integration Center, and the Terrorist Screening
Center, including salaries and expenses, operations, equipment,
facilities and relocations, $120,819,000: Provided, That funds
appropriated in previous fiscal years under the heading ``Federal
Bureau of Investigation, Salaries and Expenses'' may be available for
activities associated with the Terrorist Threat Integration Center.
Drug Enforcement Administration
salaries and expenses
(including transfer of funds)
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,
$1,645,027,000; of which not to exceed $100,000 shall be for official
reception and representation expenses; of which the following amounts
shall remain available until September 30, 2006: not to exceed
$33,000,000 for permanent change of station, not to exceed $4,000,000
for purchase of evidence and payments for information, not to exceed
$10,000,000 for contracting for automated data processing and
telecommunications equipment, not to exceed $2,000,000 for laboratory
equipment, not to exceed $4,000,000 for technical equipment, not to
exceed $5,000,000 for construction, and not to exceed $4,000,000 for
electronic investigations, including contract linguists; and of which
the following amounts shall remain available until expended: not to
exceed $1,800,000 for research, and not to exceed $10,000,000 for the
acquisition, lease, maintenance, and operation of aircraft equipment,
including retrofitting and parts: Provided, That, in addition to
reimbursable full-time equivalent workyears available to the Drug
Enforcement Administration, not to exceed 8,446 positions and 8,292
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement Administration:
Provided further, That $10,153,000 shall be transferred to the
Department of State for the Capital Security Cost Sharing Program:
Provided further, That not to exceed $8,100,000 from prior year
unobligated balances shall be for the design, construction, and
ownership of a Clandestine Laboratory Training Facility, to remain
available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
(including transfer of funds)
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, $890,357,000, of
which $106,000 shall be transferred to the Department of State for the
Capital Security Cost Sharing Program, and 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): 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 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 of the total amount provided under this paragraph,
$5,600,000 shall be for the construction and establishment of the
Federal Firearms Licensing Center at the Bureau of Alcohol, Tobacco,
Firearms and Explosives National Tracing Center Facility and shall
remain available until expended.
Federal Prison System
salaries and expenses
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 780, of
which 649 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$4,627,696,000: Provided, 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 $100,000,000 shall remain available for necessary
operations 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 none of the funds appropriated to ``Buildings and Facilities'' in
this or any other Act may be transferred to ``Salaries and Expenses,
Federal Prison System'', or any other Department of Justice account.
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 $3,393,000 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, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $210,875,000, to
remain available until expended.
state and local law enforcement assistance
For State and local law enforcement assistance, $1,117,919,000:
Provided, That the funds made available under this heading shall be
subject to the same authorities as funds appropriated under this
heading in title I of Division B of Public Law 108-7: Provided further,
That funds made available under this heading for the State Criminal
Alien Assistance Program shall be utilized for correctional purposes:
Provided further, That funds provided under this heading shall be
distributed in the manner described in the following table:
Program Amount
Local Law Enforcement Block Grants................... $55,000,000
Boys and Girls Clubs................................. $85,000,000
State Criminal Alien Assistance Programs............. $220,000,000
Southwest Border Prosecutor Initiative............... $30,000,000
Assistance to Indian Tribes.......................... $18,000,000
Byrne Grants (formula)............................... $500,000,000
Byrne Grants (discretionary)......................... $117,969,000
Drug Courts.......................................... $40,000,000
Residential Substance Abuse Treatment................ $25,000,000
Missing Alzheimer's Disease Patient Alert Program.... $850,000
Law Enforcement Family Support Programs.............. $2,000,000
Marketing Scams Against Senior Citizens.............. $2,000,000
Motor Vehicle Theft Prevention Programs.............. $100,000
State and Local Training............................. $1,000,000
State and Local Anti-Terrorism Training.............. $11,000,000.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $62,000,000, to remain available until September
30, 2006, for inter-governmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies, non-profit organizations, and agencies of local
government engaged in the investigation and prosecution of violent
crimes and drug offenses in ``Weed and Seed'' designated communities,
and for either reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which shall be
specified by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress through
language for other Department of Justice appropriation accounts for
``Weed and Seed'' program activities shall be managed and executed by
the Attorney General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ``Weed and
Seed'' program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act: Provided further,
That of the funds appropriated for the Executive Office for Weed and
Seed, $2,000,000 shall be directed for comprehensive community
development training and technical assistance.
community oriented policing services
For Community Oriented Policing Services, $755,969,000: Provided,
That the funds made available under this heading shall be subject to
the same authorities as funds appropriated under this heading in title
I of Division B of Public Law 108-7: Provided further, That of the
funds under this heading, not to exceed $2,575,000 shall be available
for Office of Justice Programs for reimbursable services: Provided
further, That funds provided under this heading shall be distributed in
the manner described in the following table:
Program Amount
Hiring Law Enforcement Officers...................... $90,000,000
Hiring School Resource Officers...................... $90,000,000
Training and Technical Assistance.................... $20,000,000
Law Enforcement Armor Vest........................... $25,000,000
Tribal Law Enforcement............................... $20,000,000
Methamphetamine Hot Spots............................ $55,000,000
Police Corps......................................... $15,000,000
Law Enforcement Technology Grants.................... $110,969,000
Interoperable Communications Technology.............. $100,000,000
Crime Identification Technology Act.................. $35,000,000
DNA Backlog Analysis and Backlog Reduction........... $100,000,000
Paul Coverdell Forensic Sciences Improvement Grants.. $20,000,000
Reduce Gun Violence.................................. $15,000,000
Offender Reentry Program............................. $5,000,000
Safe School Initiative............................... $5,000,000
Police Integrity Program............................. $15,000,000
Management and Administration........................ $35,000,000.
juvenile justice programs
For Juvenile Justice Programs, $360,000,000: Provided, That the
funds made available under this heading shall be subject to the same
authorities as funds appropriated under this heading in title I of
Division B of Public Law 108-7: Provided further, That not more than
ten percent of each amount may be used for research, evaluation, and
statistics activities designed to benefit the programs or activities
authorized: Provided further, That not more than two percent of each
amount may be used for training and technical assistance: Provided
further, That funds provided under this heading shall be distributed in
the manner described in the following table:
Program Amount
Part A, Concentration of Federal Efforts............. $3,000,000
Part B, Formula Grants............................... $85,000,000
Part C, Discretionary Grants......................... $5,000,000
Part D, Research, Evaluation, TA and Training........ $10,000,000
Part E, Developing New Initiative.................... $80,000,000
Part G, Juvenile Mentoring Program (JUMP)............ $15,000,000
Title V, At Risk Children Programs................... $20,000,000
Title V, Tribal Youth................................ $10,000,000
Title V, Gang Prevention............................. $25,000,000
Title V, Prevention of Underage Drinking............. $25,000,000
Project Sentry....................................... $15,000,000
Secure Our Schools Act............................... $10,000,000
Project Childsafe.................................... $5,000,0000
Juvenile Accountability Block Grants................. $30,000,000
Victims of Child Abuse Act........................... $15,000,000.
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), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and
$6,410,000, to remain available until expended for payments as
authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
(including rescission)
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. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That transfers may not be made
from ``Buildings and Facilities, Federal Prison System'' to any other
Department of Justice account.
Sec. 106. In addition to the amounts provided under ``Salaries and
Expenses, United States Attorneys'', $15,000,000 shall be for Project
Seahawk and shall remain available until expended.
Sec. 107. For an additional amount for the ``Local Law Enforcement
Block Grant'' program to be provided to the City of San Juan, Puerto
Rico, $544,000.
Sec. 108. The Attorney General is authorized to make permanent the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
employees or the positions covered.
Sec. 109. Notwithstanding any other provision of law, Public Law
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
Firearms and Explosives in the conduct of undercover investigative
operations and shall apply without fiscal year limitation with respect
to any undercover investigative operation initiated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 110. Section 1344 of Title 31 of the United States Code, is
amended in subsection (b) paragraph (6) by inserting after ``Federal
Bureau of Investigation,'' the words ``Director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives''. This amendment shall take
effect as if enacted on January 1, 2004.
Sec. 111. Funds appropriated by this Act for the Federal Prisons
System shall be in the amounts and accounts specified in the report
accompanying this Act: Provided, That within 30 days of enactment of
this Act, the Bureau of Prisons will submit a comprehensive financial
plan for the Federal Prison System to the Committees on Appropriations:
Provided further, That no funds appropriated for the Federal Prison
System in this or any other Appropriations Act for the construction of
new facilities may be rescinded, cancelled, or used for any other
purpose.
Sec. 112. To promote fiscal best practices through cost efficient
rededication of government resources, the Bureau of Prisons shall
implement a pilot program in the Southern District of Florida which
would allow the Federal Public Defender to transfer government
computers to the local detention facility for use by indigent
defendants to review electronic discovery. These computers will be
dedicated to indigent defense matters according to schedules and
protocols developed by the staff of the local facility in consultation
with the Federal Defender and the District Court's Criminal Justice Act
Selection Committee.
Sec. 113. 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. 114. (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. 115. None of the funds appropriated in this Act or any other
Act shall be expended to acquire either by construction or lease a
building for an interim Federal Bureau of Investigation Central Records
Complex, except following the approval of a report on site-selection
for the permanent facility: Provided, That any interim facility shall
be located at the site of the permanent Central Records Complex.
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
(including transfer of funds)
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$41,552,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: Provided further, That not less
than $2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That there is
established a position of Chief Negotiator for Intellectual Property
Enforcement: Provided further, That amounts made available to the
Office of the United States Trade Representative pursuant to a
provision under the heading ``National Intellectual Property Law
Enforcement Coordination Council'' are for the establishment of the
position of Chief Negotiator for Intellectual Property Enforcement and
for operations and support costs of such position, in accordance with
the previous proviso.
national intellectual property law enforcement coordination council
(including transfer of funds)
For necessary expenses of the National Intellectual Property Law
Enforcement Coordination Council to coordinate domestic and
international intellectual property protection and law enforcement
relating to intellectual property among federal and foreign entities,
$20,000,000: Provided, That there shall be at the head of the National
Intellectual Property Law Enforcement Coordination Council a
Coordinator for International Intellectual Property Enforcement:
Provided further, That the Coordinator for International Intellectual
Property Enforcement shall be appointed by the President: Provided
further, That no person shall serve as the Coordinator for
International Intellectual Property Enforcement while serving in any
other position in the Federal Government: Provided further, That the
co-chairs of the National Intellectual Property Law Enforcement
Coordination Council, as designated by Public Law 106-58, shall report
to the Coordinator for International Intellectual Property Enforcement
on matters concerning the National Intellectual Property Law
Enforcement Coordination Council: Provided further, That the National
Intellectual Property Law Enforcement Coordination Council shall--
(1) establish policies, objectives, and priorities
concerning international intellectual property protection and
intellectual property law enforcement;
(2) promulgate a strategy for protecting American
intellectual property overseas; and
(3) coordinate and oversee implementation by agencies with
responsibilities for intellectual property protection and
intellectual property law enforcement of the policies,
objectives, and priorities established under paragraph (1) and
the fulfillment of the responsibilities assigned to such
agencies in the strategy described in paragraph (2):
Provided further, That the Coordinator for International Intellectual
Property Enforcement shall develop for each fiscal year, with the
advice of the members of the National Intellectual Property Law
Enforcement Coordination Council and any other departments and agencies
with responsibilities for intellectual property protection and
intellectual property law enforcement, a budget proposal to implement
the strategy described in paragraph (2) and for the operations of the
National Intellectual Property Law Enforcement Coordination Council,
and shall transmit such budget proposal to the President and to the
Congress: Provided further, That the Coordinator for International
Intellectual Property Enforcement may select, appoint, employ, and fix
compensation of such officers and employees as may be necessary to
carry out the functions of the National Intellectual Property Law
Enforcement Coordination Council: Provided further, That the
Coordinator for International Intellectual Property Enforcement may
direct, with the concurrence of the Secretary of a department or head
of an agency, the temporary reassignment within the Federal Government
of personnel employed by such department or agency: Provided further,
That within amounts made available under this heading, $5,000,000 shall
be for salaries and expenses and operations and support costs of the
National Intellectual Property Law Enforcement Coordination Council,
$5,000,000 shall be transferred to, and merged with, the appropriations
for ``Office of the United States Trade Representative, Salaries and
Expenses'' to establish a position of Chief Negotiator for Intellectual
Property Enforcement and related costs within 30 days of enactment of
this Act, $1,000,000 shall be transferred to, and merged with, the
appropriations for ``Diplomatic and Consular Programs'', Department of
State, for salaries and expenses and related costs of the Office of
International Intellectual Property Protection and Enforcement within
30 days of enactment of this Act, and $9,000,000 shall be for programs
that enhance enforcement of international intellectual property law and
of requirements under international agreements relating to intellectual
property, as determined by the Coordinator for International
Intellectual Property Enforcement and the co-chairs and members of the
National Intellectual Property Law Enforcement Coordination Council.
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
(including transfer of funds)
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 $4,539,000 shall be
transferred to the Department of State for the Capital Security Cost
Sharing Program: Provided further, That $213,865,000 shall be for the
United States and Foreign Commercial Service: Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That 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, $70,872,000, to remain available until expended: of
which $7,200,000 shall be for inspections and other activities related
to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $285,083,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,400,000: 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, $31,555,000.
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,
$81,764,000, to remain available until September 30, 2006.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$174,304,000.
periodic censuses and programs
For nessary expenses related to the 2010 decennial census,
$250,611,000, to remain available until September 30, 2005: Provided,
That none of the funds provided in this or any previous Act, or
hereafter made available to 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 for services performed
by individuals appointed to temporary positions within the Bureau of
the Census for purposes relating to the decennial censuses of
population.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $180,853,000,
to remain available until September 30, 2005.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $21,583,000,
to remain available until September 30, 2006: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392 of the
Communications Act of 1934, $21,769,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, $14,842,000, to remain available until expended as authorized by
section 391 of the Act: Provided, That not to exceed $3,000,000 shall
be available for program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available for
telecommunications research activities for projects related directly to
the development of a national information infrastructure: Provided
further, That, notwithstanding the requirements of sections 392(a) and
392(c) of the Act, these funds may be used for the planning and
construction of telecommunications networks for the provision of
educational, health care, or public information: Provided further,
That, notwithstanding any other provision of law, no entity that
receives telecommunications services at preferential rates under
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of the
Department of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds
under a grant under this heading to cover any costs of the entity that
would otherwise be covered by such preferential rates or such
assistance, as the case may be.
United States Patent and Trademark Office
salaries and expenses
(including transfer of funds)
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,336,000,000, to remain available until expended, which amount 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 may be retained and
used for necessary expenses of the United States Patent and Trademark
Office and related activities: 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 amount of
offsetting fees collected under this paragraph be less than
$1,356,000,000, this amount of $1,356,000,000 shall be reduced
accordingly: 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
of amounts made available under this heading, $20,000,000 shall only be
available for initiatives to protect United States intellectual
property overseas: Provided further, That fees authorized by title VII
of this Act may be collected and credited to this account as offsetting
fee collections: Provided further, That not to exceed $208,754,000
derived from such offsetting fee collections shall be available until
expended for necessary expenses of the United States Patent and
Trademark Office and related activities: Provided further, That the
total amount appropriated from fees collected in fiscal year 2005,
including such increased fees, shall not exceed $1,564,754,000:
Provided further, That beginning 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 postretirement 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, $6,407,000: Provided, That section 8(a) of
the Technology Administration Act of 1998 (15 U.S.C. 1511e(a)) is
amended by deleting ``Technology Administration of'' after ``within
the''.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $383,892,000, to remain available until expended, of which
not to exceed $14,800,000 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, $112,000,000, to
remain available until expended: Provided, That the Secretary of
Commerce shall not recompete any existing Manufacturing Extension
Partnership Center prior to 2007.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,000,000, to remain available until expended, of which $60,700,000
shall be expended for the award of new grants before September 30,
2005.
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, $86,071,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, facilities and systems acquisition
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; relocation of
facilities and acquisition and construction of capital assets,
$4,052,646,000, to remain available until September 30, 2009, of which
$3,000,000 shall be derived by transfer from the fund entitled
``Coastal Zone Management'' and in addition $57,000,000 shall be
derived by transfer from the fund entitled ``Promote and Develop
Fishery Products and Research Pertaining to American Fisheries'':
Provided, That fees and donations received 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 grants to States pursuant to
sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000, unless funds provided for
``Coastal Zone Management Grants'' exceed funds provided in the
previous fiscal year: Provided further, That if funds provided for
``Coastal Zone Management Grants'' exceed funds provided in the
previous fiscal year, then no State shall receive more than 5 percent
or less than 1 percent of the additional funds: Provided further, That,
of the $4,112,646,000 provided for in direct obligations under this
heading, $1,548,498,000 shall be for Ecosystems Forecasting and
Management, $56,983,000 shall be for Ocean Exploration, $408,181,000
shall be for Climate Programs, $1,362,704,000 shall be for Weather and
Water Programs, $287,402,000 shall be for Commerce and Transportation,
and $448,878,000 shall be for NOAA-Wide Programs: Provided further,
That no general administrative charge shall be applied against an
assigned activity included in this Act or the report accompanying this
Act, except for additional costs above the fiscal year 2004 level of
$2,600,000 for automating and modernizing the NOAA grant processing
systems: Provided further, That payments of funds made available under
this heading to the Department of Commerce Working Capital Fund
including Department of Commerce General Counsel legal services shall
not exceed $39,000,000: Provided further, That none of the funds under
this heading are available to alter the existing structure,
organization, function, and funding of the National Marine Fisheries
Service Southwest Region and Fisheries Science Center and Northwest
Region and Fisheries Science Center: Provided further, That
notwithstanding any other provision of law, $600,000 shall be available
only for the National Oceanic and Atmospheric Administration Office of
Space Commercialization: Provided further, That the personnel
management demonstration project established at the National Oceanic
and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be
expanded by 3,500 full-time positions to include up to 6,925 full time
positions and may be extended indefinitely: Provided further, That none
of the funds in this Act may be used for the National Oceanic and
Atmospheric Administration to implement the Department of Commerce's E-
Government initiatives: Provided further, That hereafter the
Administrator of the National Oceanic and Atmospheric Administration
may engage in formal and informal education activities, including
primary and secondary education, related to the agency's mission goals:
Provided further, That section 515 of Public Law 106-554 and any
regulations and guidelines promulgated under such authority shall not
apply on or after the date of enactment to research and data
collection, or information analysis conducted by or for the National
Oceanic and Atmospheric Administration: Provided further, That,
notwithstanding any other provision of law, the authorities provided to
National Aeronautics and Space Administration pursuant to 42 U.S.C.
2473 shall be available to the National Oceanic and Atmospheric
Administration in the furtherance of its oceanic, atmospheric and space
mission and programs: Provided further, That beginning in fiscal year
2006 and for each fiscal year thereafter, the Secretary of Commerce
shall include in the budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, 10 United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition and
construction program having a total multiyear program cost of more than
$5,000,000 and simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each such program
for each of the five subsequent fiscal years: Provided further, That
the obligated balance of such sums shall remain available through
September 30, 2011 for liquidating obligations made in fiscal years
2003 and 2004.
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.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $99,000,000: Provided, That Section 628(2)(A) of
the Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is amended--
(1) by striking ``2000, 2001, 2002, and 2003'' and
inserting ``2005, and 2006'',
(2) by striking ``$90,000,000'' and inserting
``$99,000,000'', and
(3) by inserting ``Idaho,'' after ``Oregon,''.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
shall be transferred to the ``Operations, Research and Facilities''
account to offset the costs of implementing such Act.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $956,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $191,000, to remain available until expended.
fisheries finance program account
For the costs of direct loans, $287,000, as authorized by the
Merchant Marine Act of 1936: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in the Federal Credit
Reform Act of 1990: Provided further, That these funds are only
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $5,000,000 for Individual Fishing Quota
loans, and not to exceed $59,000,000 for traditional direct loans, of
which $40,000,000 may be used for direct loans to the United States
distant water tuna fleet, and of which $19,000,000 may be used for
direct loans to the United States menhaden fishery: Provided further,
That none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
OTHER
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $55,550,000: Provided, That of the
funds under this heading, not less than $3,000,000 shall be available
for the installation of a security fence and related improvements at
the Commerce Department installation in Boulder, Colorado.
united states travel and tourism promotion advisory board
For necessary expenses of the United States Travel and Tourism
Promotion Advisory Board, as authorized by section 210 of Public Law
108-7, for programs promoting travel to the United States including
grants, contracts, cooperative agreements and related costs,
$20,000,000, to remain available until September 30, 2006: Provided,
That the Secretary of Commerce shall apportion and obligate these funds
to the United States Travel and Tourism Promotion Advisory Board by not
later than December 31, 2004.
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $21,071,000.
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: Provided further, That for the National
Oceanic and Atmospheric Administration this section shall provide for
transfers among appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not be
transferred and reprogrammed to other Department of Commerce bureaus
and appropriation accounts.
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. Of the amount available from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to American
Fisheries'', $15,000,000 shall be provided to the Alaska Fisheries
Marketing Board, $2,000,000 shall be available to the Gulf and South
Atlantic Fisheries Foundation for its ``Wild American Shrimp Marketing
Program'', $2,000,000 shall be available to the South Carolina Seafood
Alliance and $1,000,000 shall be available for the Gulf Oyster Industry
Education Program: Provided, That (1) the Alaska Fisheries Marketing
Board (hereinafter ``the Board'') shall be a nonprofit organization and
not an agency or establishment of the United States, (2) the Secretary
may appoint, assign, or otherwise designate as Executive Director an
employee of the Department of Commerce, who may serve in an official
capacity in such position, with or without reimbursement, and such
appointment or assignment shall be without interruption or loss of
civil service status or privilege, and (3) the Board may adopt bylaws
consistent with the purposes of this section, and may undertake other
acts necessary to carry out the provisions of this section.
Sec. 206. (a) The Secretary of Commerce is authorized to operate a
marine laboratory in South Carolina in accordance with a memorandum of
agreement, including any future amendments, among the National Oceanic
and Atmospheric Administration, the National Institute of Standards and
Technology, the State of South Carolina, the Medical University of
South Carolina, and the College of Charleston as a partnership for
collaborative, interdisciplinary marine scientific research.
(b) To carry out subsection (a), the agencies that are partners in
the Laboratory may accept, apply for, use, and spend Federal, State,
private and grant funds as necessary to further the mission of the
Laboratory without regard to the source or of the period of
availability of these funds and may apply for and hold patents, as well
as share personnel, facilities, and property. Any funds collected or
accepted by any partner may be used to offset all or portions of its
costs, including overhead, without regard to 31 U.S.C. section
143302(b); to reimburse other participating agencies for all or
portions of their costs; and to fund research and facilities expansion.
Funds for management and operation of the Laboratory may be used to
sustain basic laboratory operations for all participating entities. The
Secretary of Commerce is authorized to charge fees and enter into
contracts, grants, cooperative agreements and other arrangements with
Federal, State, private entities, and other entities, domestic and
foreign, to further the mission of the Laboratory. Any funds collected
from such fees or arrangements shall be used to support cooperative
research, basic operations, and facilities enhancement at the
Laboratory.
Sec. 207. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Program in
section 211(b) of Public Law 108-199 shall remain available until
expended.
Sec. 208. The Secretary of Commerce shall consider fish harvested
during a survey for the sablefish fisheries in the Bering Sea/Aleutian
Islands and Gulf of Alaska during the base period from 1985 to 1990 to
count toward a vessel's catch history under the sablefish Individual
Fishing Quota program: Provided, That such catch history shall not be
in addition to the total allowable catch established for the program
and inclusion of such catch shall not result in overfishing in the
industry. Vessel catch history determined under this provision shall be
applied to the owner of the vessel in 1995.
Sec. 209. A fishing capacity reduction program for the Southeast
Alaska purse seine fishery is authorized to be financed through a
capacity reduction loan of $20,000,000 pursuant to sections 1111 and
1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App.
1279f and 1279g) subject to the conditions of this section. In
accordance with the Federal Credit Reform Act of 1990, 2 U.S.C.
Sec. 661 et seq., $200,000 is hereby appropriated for the cost of
guaranteeing the loan authorized by this section. The loan shall be to
the Southeast Revitalization Association and with a term of 30 years,
except that the amount to be repaid in any one year shall not exceed 2
percent of the total value of salmon landed in the fishery and such
repayment shall begin with salmon landed after January 1, 2006.
Sec. 210. Section 653(a) of Public Law 106-58 is amended by adding
``(7) The Coordinator for International Intellectual Property
Enforcement.'' after ``Under Secretary of Commerce for International
Trade.''.
Sec. 211. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ``National
Institute of Standards and Technology, Construction of Research
Facilities'', $20,000,000 is for a cooperative agreement with the
Medical University of South Carolina; $10,000,000 is for the Cancer
Research Center in Hawaii; $4,000,000 is for the Thayer School of
Engineering, of which $1,000,000 is for a biomass energy research
project, $2,000,000 is for a smart laser beam project, and $1,000,000
is for research relating to biomaterials; $1,000,000 is for civic
education programs at the New Hampshire Institute of Politics;
$1,500,000 is for the Franklin Pierce Community Center; $2,000,000 is
for the Southern New Hampshire University School of Community Economic
Development; and $5,000,000 is for the Boston Museum of Science.
Sec. 212. Section 3(f) of Public Law 104-91 is amended by striking
``and 2005'' and inserting ``2005, 2006, and 2007''.
Sec. 213. Notwithstanding any other Federal law related to the
conservation and management of marine mammals, the State of Hawaii may
enforce any State law or regulation with respect to the operation in
State waters of recreational and commercial vessels, for the purpose of
conservation and management of humpback whales, to the extent that such
law or regulation is no less restrictive than Federal law.
Sec. 214. Establishment of the Ernest F. Hollings Scholarship
Program. (a) Establishment.--The Administrator of the National Oceanic
and Atmospheric Administration shall establish and administer the
Ernest F. Hollings Scholarship Program. Under the program, the
Administrator shall award scholarships in oceanic and atmospheric
science, research, technology, and education to be known as Ernest F.
Hollings Scholarships.
(b) Purposes.--The purposes of the Ernest F. Hollings Scholarships
Program are--
(1) to increase undergraduate training in oceanic and
atmospheric science, research, technology, and education and
foster multidisciplinary training opportunities;
(2) to increase public understanding and support for
stewardship of the ocean and atmosphere and improve
environmental literacy; and
(3) to recruit and prepare students for public service
careers with the National Oceanic and Atmospheric
Administration and other natural resource and science agencies
at the Federal, State and Local levels of government; and
(4) to recruit and prepare students for careers as teachers
and educators in oceanic and atmospheric science and to improve
scientific and environmental education in the United States.
(c) Award.--Each Ernest F. Hollings Scholarship--
(1) shall be used to support undergraduate studies in
oceanic and atmospheric science, research, technology, and
education that support the purposes of the programs and
missions of the National Oceanic and Atmospheric
Administration;
(2) shall recognize outstanding scholarship and ability;
(3) shall promote participation by groups underrepresented
in oceanic and atmospheric science and technology; and
(4) shall be awarded competitively in accordance with
guidelines issued by the Administrator and published in the
Federal Register.
(d) Eligibility.--In order to be eligible to participate in the
program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965) in an
academic field or discipline described in subsection (c);
(2) be a United States citizen;
(3) not have received a scholarship under this section for
more than 4 academic years, unless the Administrator grants a
waiver; and
(4) submit an application at such time, in such manner, and
containing such information, agreements, or assurances as the
Administrator may require.
(e) Distribution of Funds.--The amount of each Ernest F. Hollings
Scholarship shall be provided directly to a recipient selected by the
Administrator upon receipt of certification that the recipient will
adhere to a specific and detailed plan of study and research approved
by an institution of higher education.
(f) Funding.--Of the total amount appropriated for fiscal year 2005
and annually hereafter to the National Oceanic and Atmospheric
Administration, the Administrator shall make available for the Ernest
F. Hollings Scholarship program one-tenth of one percent of such
appropriations.
(g) Scholarship Repayment Requirement.--The Administrator shall
require an individual receiving a scholarship under this section to
repay the full amount of the scholarship to the National Oceanic and
Atmospheric Administration if the Administrator determines that the
individual, in obtaining or using the scholarship, engaged in
fraudulent conduct or failed to comply with any term or condition of
the scholarship. Such repayments shall be deposited in the NOAA
Operations, Research, Facilities and Systems Acquisition Appropriations
Account and treated as an offsetting collection and only be available
for financing additional scholarships.
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), $10,579,000, to
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, $20,624,000.
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, $14,060,000.
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, $4,131,487,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects; of which not less than $963,134,000 shall be
available for Probation and Pretrial Services; of which not to exceed
$2,800,000 shall be available for a national probation and pretrial
services training program; of which $1,300,000 of the funds provided
for the Judiciary Information Technology Fund will be for the Edwin L.
Nelson Local Initiatives Program, within which $1,000,000 will be
reserved for local court grants.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $3,159,000, 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, as amended
(18 U.S.C. 3006A); 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, $648,116,000, to remain
available until expended, as authorized by 18 U.S.C. 3006A(i).
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),
$274,653,000, of which not to exceed $10,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of
the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $67,249,000, 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, $21,670,000; of which $1,800,000 shall
remain available through September 30, 2006, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,000,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $2,700,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $12,404,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for Courts of Appeals, District Courts, and
Other Judicial Services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. (a) Section 3006A(d)(2) of title 18, United States Code,
is amended--
(1) by striking ``5,200'' and inserting ``7,000'';
(2) by striking ``1,500'' and inserting ``2,000'';
(3) by striking ``3,700'' and inserting ``5,000'';
(4) by striking ``1,200'' each place it appears and
inserting ``1,500''; and
(5) by striking ``3,900'' and inserting ``5,000''.
(b) Section 3006A(e) of title 18, United States Code is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``300'' and
inserting ``500''; and
(B) in subparagraph (B), by striking ``300'' and
inserting ``500''; and
(2) in paragraph (3) in the first sentence by striking
``1,000'' and inserting ``1,600''.
Sec. 305. Hereafter, within 45 days of enactment of this Act, and
subsequent Judiciary Appropriations Acts, the Administrative Office of
the U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources
of available funds including appropriations, fee collections, and
carryover balances, to include a separate and detailed plan for the
Judiciary Information Technology fund.
Sec. 306. Within 30 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall report to the Committee
on Appropriations the financial status of the Edwin L. Nelson Local
Initiatives Program. This report will include, at a minimum, a list of
all courts that have received grants to date, the purpose of the grant,
and the amount provided. Hereafter, the Administrative Office shall
submit this report on a quarterly basis.
Sec. 307. Pursuant to section 140 of Public Law 97-92, and from
funds appropriated in this Act, Justices and judges of the United
States are authorized during fiscal year 2005, to receive a salary
adjustment in accordance with 28 U.S.C. 461.
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
(including transfer of funds)
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, $3,493,053,000, of which 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, That not to exceed 69 permanent positions and
$7,311,000 shall be expended for the Bureau of Legislative Affairs:
Provided further, That none of the funds made available under this
heading may be used to transfer any full time equivalent employees into
or out of the Bureau of Legislative Affairs: Provided further, That
funds appropriated under this heading shall be made available for
programs and activities in the amounts contained in the table
accompanying the statement accompanying this Act: Provided further,
That none of the funds appropriated under this heading may be
transferred between subheadings provided for in the table accompanying
the report accompanying this Act: Provided further, That,
notwithstanding the previous two provisos, any shoftfall in fee revenue
resulting from a decrease in the number of visa applications to the
United States shall be offset by a direct transfer of funds equal to
the amount of the shortfall from the Diplomatic and Consular Programs
account to an account which shall be used exclusively to fund the
consular activities of the Department of State: Provided further, That,
of the amount made available under this heading for the Bureau of East
Asian and Pacific Affairs, $2,000,000 shall be available for a grant to
conduct an international conference on the human rights situation in
North Korea: Provided further, That of the amount made available under
this heading, $1,500,000 shall be transferred to, and merged with, the
appropriation for ``Drug Enforcement Administration, Salaries and
Expenses'' for international counter-narcotics training provided by the
Drug Enforcement Administration to, or on behalf of, the Bureau of
International Narcotics and Law Enforcement Affairs: Provided further,
That the Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International
Intellectual Property Enforcement within 40 days of enactment of this
Act: Provided further, That amounts made available to ``Diplomatic and
Consular Programs'', Department of State, pursuant to a provision under
the heading ``National Intellectual Property Law Enforcement
Coordination Council'' are for salaries and expenses and related costs
of the Office of International Intellectual Property Enforcement:
Provided further, That the Secretary of State shall close the United
States Consulate General located in Rio de Janeiro, Brazil, and
consolidate the operations of such Consulate General with the
operations of the United States Consulate General located in Sao Paolo,
Brazil.
Beginning in fiscal year 2005 and thereafter, the Secretary of
State is authorized to charge surcharges related to consular services
in support of enhanced border security that are in addition to the
passport and immigrant visa fees in effect on January 1, 2004:
Provided, That funds collected pursuant to this authority shall be
credited to this account, and shall be available until expended for the
purposes of such account: Provided further, That such surcharges shall
be $10 on passport fees, and $45 on immigrant visa fees.
In addition, not to exceed $1,426,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act; in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States Information
and Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from English teaching, library, motion
pictures, and publication programs and from fees from educational
advising and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$658,702,000, to remain available until expended: Provided, That of the
amounts made available under this paragraph, $23,046,000 is for the
Center for Antiterrorism and Security Training.
capital investment fund
For necessary expenses of the Capital Investment Fund, $52,149,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
centralized information technology modernization program
For expenses relating to the modernization of the information
technology systems and networks of the Department of State,
$102,951,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$31,435,000: Provided, That the requirements of section 209(a)(1) of
the Foreign Service Act of 1980 (Public Law 96-465) to inspect and
audit Foreign Service posts are waived during fiscal year 2005:
Provided further, That, notwithstanding any other provision of law, no
amount made available under the Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1209) may be made available to the
Office of Inspector General: Provided further, That the number of
employees in the Office of Inspector General shall not exceed the
equivalent of 314 full-time employees.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $360,750,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $8,640,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$5,000,000, 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, $509,728,000, to remain
available until expended, of which not to exceed $25,000 may be used
for domestic and overseas representation: 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, $867,030,000, to remain
available until expended: Provided, That no project to construct a
diplomatic facility of the United States may include office space or
other accommodations for any individual that is not an employee of a
department or agency of the United States: Provided further, That none
of the funds made available under this heading may be used to
construct, lease, or refurbish a building for use by the United States
Agency for International Development if such Agency has not provided to
the Department of State the full amount of funding required by
subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113
Stat. 1501A-453), as added by section 410 of this Act.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$1,000, to remain available until expended as authorized, and of total
unobligated balances available in this account 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: Provided, That funds
previously appropriated under this heading for rewards for an indictee
of the Special Court for Sierra Leone shall be transferred to the
Special Court for Sierra Leone within 15 days of enactment of this Act:
Provided further, That any transfer of funds provided under this
heading shall be treated as a reprogramming of funds under section 605
of this Act.
repatriation loans program account
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of
Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $19,482,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $132,600,000.
International Organizations and Conferences
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, $1,020,830,000, 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, 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,
if the United Nations decides not to accept a loan from the United
States for the cost of renovating its headquarters in New York, then
the amount made available for the cost of a direct loan to the United
Nations under this heading shall be made available to the United
Nations Education, Scientific and Cultural Organization (UNESCO):
Provided further, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations of the Senate and of the House of Representatives the
most recent biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the Secretary
of State shall notify the Committees on Appropriations at least 15 days
in advance (or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations to exceed the
adopted budget for the biennium 2004-2005 of $3,160,860,000: Provided
further, That any payment of arrearages under this title shall be
directed toward special activities that are mutually agreed upon by the
United States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That funds appropriated under this paragraph may be obligated
and expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization, 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, $574,000,000, of which
10 percent shall remain available until September 30, 2006: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and
length of the mission, the vital national interest that will be served,
and the planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Provided further,
That funds shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate committees
of the Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of the
funds made available under this heading are available to pay the United
States share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $27,689,000.
construction
For detailed plan preparation and construction of authorized
projects, $6,146,000, 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,
$10,546,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $21,982,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
Other
center for middle eastern-western dialogue
For a grant to the Center for Middle Eastern-Western Dialogue Trust
Fund, $6,750,000, for operation of the Center for Middle Eastern-
Western Dialogue in Istanbul, Turkey, to remain available until
expended.
In addition, for the operations of the Steering Committee of the
Center for Middle Eastern-Western Dialogue, $250,000, to remain
available until expended.
In addition, for necessary expenses of the Center for Middle
Eastern-Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund before October 1, 2005, to remain
available until expended.
eisenhower exchange fellowship program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2005, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2005, to remain available until expended.
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,500,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376:
Provided further, That, notwithstanding any other provision of law, the
funds appropriated to the East-West Center appropriation in Public Law
108-7 may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amended.
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, $50,000,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, of the funds
appropriated for the National Endowment for Democracy, not less than
$10,000,000 shall be made available to the American Center for
International Labor Solidarity, the Center for International Private
Enterprise, the International Republican Institute, and the National
Democratic Institute for International Affairs for the purpose of
expanding the programs carried out in the Middle East by such entities:
Provided further, That not later than 60 days after the date of
enactment of this Act, the National Endowment for Democracy shall
submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a financial
plan for the expenditure of the amounts appropriated to the Endowment
in this Act: Provided further, That such plan shall include a
description of how such funds will be used to carry out the purposes of
the Endowment set out in section 502 of the National Endowment for
Democracy Act (22 U.S.C. 4411).
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, $552,240,000, of which $27,629,000 is for Broadcasting
to Cuba: Provided, That of the total amount in this heading, not to
exceed $16,000 may be used for official receptions within the United
States as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, and not to exceed $39,000 may be
used for official reception and representation expenses of Radio Free
Europe/Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from advertising
and revenue from business ventures, not to exceed $500,000 in receipts
from cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain available
until expended for carrying out authorized purposes: Provided further,
That within the amounts provided under this heading, $302,000 shall be
transferred to the Department of State for the Capital Security Cost
Sharing Program.
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. 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. 403. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2005 or any
fiscal year thereafter may be obligated or expended for the operation
of a United States consulate or diplomatic facility in Jerusalem unless
such consulate or diplomatic facility is under the supervision of the
United States Ambassador to Israel.
Sec. 404. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2005 or any
fiscal year thereafter may be obligated or expended for the publication
of any official Government document which lists countries and their
capital cities unless the publication identifies Jerusalem as the
capital of Israel.
Sec. 405. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
Sec. 406. The Secretary of State shall provide to a member of the
Committee on Appropriations of the Senate or the Committee on
Appropriations of the House of Representatives a copy of each cable
sent to or by a Department of State employee that pertains to any topic
specified by the requesting member, regardless of the level of
classification of the cable, not later than 15 days after the date on
which the member makes a written or verbal request for such copies.
Sec. 407. There is established within the Department of State the
Office of the Coordinator for Reconstruction and Stabilization:
Provided, That the head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall report directly to the
Secretary of State: Provided further, That within amounts made
available under ``Diplomatic and Consular Programs'', not less than
$1,000,000 shall be available for the establishment and operations of
the Office of the Coordinator for Reconstruction and Stabilization.
Sec. 408. The functions of the Office of the Coordinator for
Reconstruction and Stabilization shall include--
(1) cataloguing and monitoring the non-military resources
and capabilities of Executive agencies (as that term is defined
in section 105 of title 5, United States Code), State and local
governments, and entities in the private and non-profit sectors
that are available to address crises in countries or regions
that are in, or are in transition from, conflict or civil
strife;
(2) monitoring political and economic instability worldwide
to anticipate the need for mobilizing United States and
international assistance for countries or regions described in
paragraph (1);
(3) assessing crises in countries or regions described in
paragraph (1) and determining the appropriate non-military
United States, including but not limited to demobilization,
policing, human rights monitoring, and public information
efforts;
(4) planning for response efforts under paragraph (3);
(5) coordinating with relevant Executive agencies the
development of interagency contingency plans for such response
efforts; and
(6) coordinating the training of civilian personnel to
perform stabilization and reconstruction activities in response
to crises in such countries or regions described in paragraph
(1).
Sec. 409. Section 1605 of title 28, United States Code, is amended
by adding a new subsection (h) as follows:
``(h) Notwithstanding any provision of the Algiers Accords, or any
other international agreement, any United States citizen held hostage
during the period between 1979 and 1981, and their spouses and children
at the time, shall have a claim for money damages against a foreign
state for personal injury that was caused by the foreign state's act of
torture or hostage taking. Any provision in an international agreement,
including the Algiers Accords that purports to bar such suit is
abrogated and such claim or cause of action may be eligible for de novo
trial. This subsection shall apply retroactively to any cause of action
accruing on or after November 1, 1979, notwithstanding any statute of
limitations.''.
Sec. 410. Section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (Title VI, Division A of H.R. 3427,
enacted by sec. 1000(7) of Public Law 106-113), is amended by adding
the following new subsection at the end:
``(e) Capital Security Cost Sharing.--Notwithstanding any other
provision of law, all agencies with personnel overseas subject to Chief
of Mission Authority shall participate and provide funding in advance
for their share of costs, 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.''.
Sec. 411. (a) The Secretary of State shall require each chief of
mission to review, not less than once every 5 years, every staff
element under chief of mission authority, including staff from other
departments or agencies of the United States, and recommend approval or
disapproval of each staff element. Each such review shall be conducted
pursuant to a process established by the President for determining
appropriate staffing at diplomatic missions and overseas constituent
posts (commonly referred to as the ``NSDD-38 process'').
(b) The Secretary of State, as part of the process established by
the President referred to in subsection (a), shall take actions to
carry out the recommendations made in each such review.
(c) Not later than one year after the date of enactment of this
Act, and annually thereafter, the Secretary of State shall submit a
report on such reviews that occurred during the previous 12 months,
together with the Secretary's recommendations regarding such reviews to
the appropriate committees of Congress, the heads of all affected
departments or agencies, and the Inspector General of the Department of
State.
Sec. 412. (a) None of the funds appropriated in this Act or any
other act making appropriations for the Departments of Commerce,
Justice, State, the Judiciary, and related agencies may be made
available to the Organisation for Economic Co-operation and Development
unless the Secretary of State certifies to the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives that such Organisation has not engaged in any
activity to identify, report on, or penalize any country that
encourages foreign investment through the adoption of tax incentives.
(b) Except as provided in subsection (c) none of the funds
appropriated in this Act or any other act making appropriations for the
Departments of Commerce, Justice, State, the Judiciary, and related
agencies may be made available for an international effort to track or
report on interest or other investment income deposited in a financial
account in the United States that is held by a person who is not a
citizen of the United States.
(c) The restriction in subsection (b) may not apply to funds for an
international effort described in such subsection if such international
effort is carried out pursuant to a treaty or other international
agreement to which the United States is a signatory.
(d) The restriction in subsection (b) may be waived by the
President for an international effort described in such subsection if
the President determines that such waiver is in the national security
interest of the United States.
Sec. 413. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated and expended
notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 414. During fiscal year 2005, section 404 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), subparagraph (B), added by section 402 of Public Law 107-228
(Fiscal Year 2003 Foreign Relations Authorization Act), shall be
administered as though that subsection reads as follows:
``(iv) For assessments made during calendar
year 2004, 27.1 percent.
``(v) For assessments made during calendar
year 2005, 27.1 percent.''.
Sec. 415. (a) Section 402(a) of the Foreign Service Act of 1980 (22
U.S.C. 3962(a)) is amended--
(1) in paragraph (1), by striking the second and third
sentences and inserting the following new sentences: ``The
President shall also prescribe ranges of basic salary rates for
each class. Except as provided in paragraph (3), basic salary
rates for the Senior Foreign Service may not exceed the maximum
rate or be less than the minimum rate of basic pay payable for
the Senior Executive Service under section 5382 of title 5,
United States Code.''; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) The Secretary shall determine which basic salary rate within
the ranges prescribed by the President under paragraph (1) shall be
paid to each member of the Senior Foreign Service based on individual
performance, contribution to the mission of the Department, or both, as
determined under a rigorous performance management system. Except as
provided in regulations prescribed by the Secretary and, to the extent
possible, consistent with regulations governing the Senior Executive
Service, the Secretary may adjust the basic salary rate of a member of
the Senior Foreign Service not more than once during any 12-month
period.
``(3) Upon a determination by the Secretary that the Senior Foreign
Service performance appraisal system, as designed and applied, makes
meaningful distinctions based on relative performance--
``(A) the maximum rate of basic pay payable for the Senior
Foreign Service shall be level II of the Executive Schedule;
and
``(B) the applicable aggregate pay cap shall be equivalent
to the aggregate pay cap set forth in section 5307(d)(1) of
title 5, United States Code, for members of the Senior
Executive Service.''.
(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is amended
by inserting before the period the following: ``, or the limitation
under section 402(a)(3), whichever is higher''.
(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by
striking ``shall not exceed the annual rate of pay payable for level I
of such Executive Schedule'' and inserting ``shall be subject to the
limitation on certain payments under section 5307 of title 5, United
States Code, or the limitation under section 402(a)(3), whichever is
higher''.
Sec. 416. Section 224(j) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (22 U.S.C. 2451 note) is amended by striking
``2005'' and inserting ``2007''.
Sec. 417. (a) Subsection (c) of section 591 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2004 (division D of Public Law 108-199) is repealed.
(b) Section 5925(a) of title 5, United States Code, is amended by
striking ``25 percent of the rate of basic pay or, in the case of an
employee of the United States Agency for International Development,''.
(c) Section 5928 of title 5, United States Code, is amended by
striking ``25 percent of the basic pay of the employee or 35 percent of
the basic pay of the employee in the case of an employee of the United
States Agency for International Development'' both places that it
appears and inserting ``35 percent of the basic pay of the employee''.
Sec. 418. Section 2311(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (22 U.S.C. 4010 note) is amended--
(1) by striking ``Not later than 90 days after the date of
enactment of this Act, the'' and inserting ``The'';
(2) by striking ``5 percent'' and inserting ``2 percent'';
and
(3) by striking ``for 2 or more of the 5 years preceding
the date of enactment of this Act'' and inserting ``at least
twice in any 5-year period''.
Sec. 419. (a) Section 2 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the
following:
``(o) make administrative corrections or adjustments to an
employee's pay, allowances, or differentials, resulting from
mistakes or retroactive personnel actions, as well as provide
back pay and other categories of payments under section 5596 of
title 5, United States Code, as part of the settlement or
compromise of administrative claims or grievances filed against
the Department.''.
(b) Such section is further amended--
(1) in subsection (k), by striking ``and'';
(2) by transferring subsection (m) within such section to
appear after subsection (l);
(3) in subsections (l) and (m), by striking the period at
the end of each subsection and inserting a semicolon; and
(4) in subsection (n), by striking the period at the end
and inserting a semicolon and ``and''.
Sec. 420. Section 321(f) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 107-228) is
amended by striking ``regulations'' and inserting ``regulations, not
later than 60 days after the date of the enactment of this Act''.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2005''.
TITLE V--RELATED AGENCIES
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, $491,000, 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 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, $1,598,000,
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, $1,781,000, including
not more than $3,000 for the purpose of official representation, to
remain available until expended.
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, $327,511,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,500 from available funds.
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,
$282,346,000: Provided, That $281,346,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2005 so as to result in a final fiscal year 2005 appropriation
estimated at $1,000,000: Provided further, That any offsetting
collections received in excess of $281,346,000 in fiscal year 2005
shall remain available until expended, but shall not be available for
obligation until October 1, 2005: Provided further, That
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $85,000,000 for fiscal year 2005.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $207,730,000, 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 $20,000,000 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 $86,730,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to enforce
subsection (e) of section 43 of the Federal Deposit Insurance Act (12
U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 1831t note).
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, $335,000,000,
of which $312,251,000 is for basic field programs and required
independent audits; $2,600,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $13,900,000 is for management and
administration; $3,400,000 is for client self-help and information
technology; and $2,849,000 is for grants to offset losses due to census
adjustments.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2004 and 2005, respectively, and except that section
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not
apply to the use of the $3,131,000 to address loss of funding due to
Census-based reallocations.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $1,890,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of the Small
Business Act, $2,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $913,000,000; of which not to exceed $13,000
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
$913,000,000 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.
Not later than April 14, 2005, the Securities and Exchange
Commission shall submit a report to the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House of
Representatives that provides a justification for final rules issued by
the Commission on June 30, 2004 (amending title 17, Code of Federal
Regulations, Parts 239, 240, and 274), requiring that the chair of the
board of directors of a mutual fund be an independent director:
Provided, That such report shall analyze whether mutual funds chaired
by disinterested directors perform better, have lower expenses, or have
better compliance records than mutual funds chaired by interested
directors: Provided further, That the Securities and Exchange
Commission shall act upon the recommendations of such report not later
than January 1, 2006.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 106-554, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $357,684,000: Provided, That the Administrator
is authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and certain loan
servicing activities: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes without
further appropriations: Provided further, That $88,000,000 shall be
available to fund grants for performance in fiscal year 2005 or fiscal
year 2006 as authorized: Provided further, That the Small Business
Administration is authorized to award grants under the Women's Business
Center Sustainability Pilot Program established by section 4(a) of
Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That, of the
funds provided in the Consolidated Appropriations Act, 2004, Public Law
108-199, section 2, division B, title V, 118 Stat. 91 under the heading
``Small Business Administration Salaries and Expenses'', for necessary
expenses, $3,675,500 shall remain available until expended for awards
of Women's Business Centers sustainability grants, as authorized by
this Act: Provided further, That, of the amounts provided for Women's
Business Centers, not less than 48 percent shall be available to
continue Women's Business Centers in sustainability status.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,014,000.
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act, as amended,
$11,400,000, to remain available until expended.
business loans program account
For the cost of guaranteed loans, $71,910,000, as authorized by 15
U.S.C. 631 note, of which $45,000,000 shall remain available until
September 30, 2006: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year
2005 commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958, shall not exceed $5,000,000,000:
Provided further, That during fiscal year 2005 commitments for general
business loans authorized under section 7(a) of the Small Business Act,
shall not exceed $14,500,000,000: 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.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $129,000,000, 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, $65,000,000, 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, $113,909,000, 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 $105,409,000 is for direct
administrative expenses of loan making and servicing to carry out the
direct loan program; and of which $8,000,000 is for indirect
administrative expenses and may be transferred to and merged with funds
in the Salaries and Expenses appropriations account: Provided, That any
amount in excess of $8,000,000 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), $3,000,000: 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, $2,300,000, including not more than $5,000
for the purpose of official representation, to remain available until
expended.
United States Senate-China Interparliamentary Group
salaries and expenses
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under Section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
199; 118 Stat. 448), $100,000, to remain available until expended.
TITLE VI--GENERAL PROVISIONS
(including rescissions)
Sec. 601. The Departments of Commerce, Justice, and State, the
Judiciary 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 made available to any such agency in
any previous appropriations Act.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2005, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes or renames offices; (6) reorganizes programs or activities;
or (7) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2005, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects (including construction projects), or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a reduction
in personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds: Provided, That
transfers may not be made from ``Buildings and Facilities, Federal
Prison System'' to any other Department of Justice account.
Sec. 606. Hereafter, none of the funds made available in this Act
or any other 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. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made
in America'' inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 608. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
enforce, or otherwise abide by the Memorandum of Agreement signed by
the Federal Trade Commission and the Antitrust Division of the
Department of Justice on March 5, 2002.
Sec. 609. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds that: (1)
the United Nations undertaking is a peacekeeping mission; (2) such
undertaking will involve United States Armed Forces under the command
or operational control of a foreign national; and (3) the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such
a recommendation.
Sec. 610. (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. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to
an entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 613. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to
seek the reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco products of the
same type.
Sec. 614. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2005.
Sec. 615. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $625,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 616. 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. 617. Of the amounts made available under the heading ``Small
Business Administration, Salaries and Expenses'', $1,300,000 shall be
available for the Adelante Development Center, Inc.; $500,000 shall be
available for the Advanced Polymer Processing Institute; $150,000 shall
be available for the Alaska Procurement Technical Assistance Center;
$1,200,000 shall be available to establish a Small Business Development
Center in Wrangell, Alaska; $50,000 shall be available for the Badlands
South Central Enterprise Facilitation; $500,000 shall be available for
the Benton County Business Enterprise Center; $1,000,000 shall be
available for Black Hills Central Reservations in Rapid City, South
Dakota, for tourism promotion; $100,000 shall be available for Black
Hills Community Economic Development, Inc.; $500,000 shall be available
for the Center for Applied Research and Economic Development at the
University of Southern Indiana; $1,000,000 shall be available for the
Center for Biobased Technology Commercialization; $1,000,000 shall be
available for the Center for Emerging Technologies; $216,100 shall be
available for the Center for Entrepreneurship and Technology at the
Nevada Commission for Economic Development; $200,000 shall be available
for the Central Connecticut State University Institute of Technology
and Business Development; $600,000 shall be available for the Des
Moines Higher Education Pappajohn Center; $600,000 shall be available
for the East Central Indiana Business Incubator at Ball State
University; $200,000 shall be available for the Entrepeneurial Venture
Assistance Demonstration Project at the Iowa Department of Economic
Development; $300,000 shall be available for the Entrepreneurship
Academy at Mississippi Valley State University; $100,000 shall be
available for Genesis of Innovation; $200,000 shall be available for
the Idaho Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $1,000,000 shall be available for the
Industrial Outreach Service at Mississippi State University; $4,500,000
shall be available for the Innovation and Commercialization Center at
the University of Southern Mississippi; $300,000 shall be available for
the Kennebec Valley Council of Governments' Business Development
Program; $300,000 shall be available for the Knoxville College Small
Business Incubator Program; $500,000 shall be available for the
Louisiana State University Law School's Latin American Commercial Law
Program; $350,000 shall be available for the Manufacturing Process
Improvement for Shipbuilding Project; $800,000 shall be available for
the Minority Business Development Center at Alcorn State University;
$250,000 shall be available for the Mississippi Delta Technology
Council; $1,000,000 shall be available for the Mississippi Technology
Alliance; $200,000 shall be available for the Montana Department of
Commerce for a State government information sharing initiative;
$1,000,000 shall be available for the Myrtle Beach International Trade
and Convention Center; $1,000,000 shall be available for the New
Product Development and Commercialization Center for Rural
Manufacturers; $1,000,000 shall be available for Operation Safe
Commerce; $200,000 shall be available for the Rural Information
Technology Jobs Initiative at Washington State University; $2,000,000
shall be available for the School of Community Economic Development at
the University of Southern New Hampshire; $400,000 shall be available
for the Southern University Foundation's Martin Luther King Initiative;
$400,000 shall be available for Technology 2020; $1,580,000 shall be
available for the Technology Venture Center/InvestNet Partnership for
Alaska and Montana; $800,000 shall be available for the Textile Marking
System; $500,000 shall be available for the Towson University
International Business Incubator; $2,000,000 shall be available for the
Tuck School of Business/MBDA Partnership; $500,000 shall be available
for the University of Colorado Nanotechnology and Characterization
Facility; $8,000,000 shall be available for the University of South
Carolina Thomas Cooper Library; $200,000 shall be available for the
Women's Business Development Center in Stamford, Connecticut; and
$300,000 shall be available for the World Trade Center of Greater
Philadelphia.
Sec. 618. 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 18 U.S.C.
922(t); and (2) any system to implement 18 U.S.C. 922(t) 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 owning a firearm.
Sec. 619. All disaster loans issued in Alaska shall be administered
by the Small Business Administration and shall not be sold during
fiscal year 2005.
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 appropriations Act.
Sec. 621. The Secretary of Commerce shall represent the United
States Government in negotiating and monitoring international
agreements regarding fisheries, marine mammals, or sea turtles:
Provided, That the Secretary of Commerce shall be responsible for the
development and interdepartmental coordination of the policies of the
United States with respect to the international negotiations and
agreements referred to in this section.
Sec. 622. None of the funds made available in this Act may be used
in violation of section 212(a)(10)(C) of the Immigration and
Nationality Act.
Sec. 623. (a) Except as provided in subsection (b), a project to
construct a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a department or
agency of the United States if the Secretary of State determines that
such department or agency has not provided to the Department of State
the full amount of funding required by subsection (e) of section 604 of
the Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as added by
section 413 of this Act.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the Marine Corps.
Sec. 624. (a) The Federal Bureau of Investigation, the Department
of Homeland Security, and the Department of State shall jointly conduct
a thorough study of all matters relating to the efficiency and
effectiveness of the interagency process used to review applications
for nonimmigrant visas issued under section 221(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1201(a)(1)(B)). The Federal
Bureau of Investigation, the Department of Homeland Security, and the
Department of State shall, in conducting this study, develop
recommendations on--
(1) clearance procedures for nonimmigrant visas that should
be eliminated;
(2) such procedures that should be continued;
(3) the appropriate Federal agencies or departments or
entities that should participate in each such procedure; and
(4) legislation that could be enacted to increase the
efficiency and effectiveness of such procedures.
(b) Not later than 1 year after the date of enactment of this Act,
the Federal Bureau of Investigation, the Department of Homeland
Security, and the Department of State shall jointly submit a report to
the Committees on Appropriations of the Senate and House of
Representatives which shall contain a detailed statement of the
findings and conclusions of the study referred to in subsection (a),
together with recommendations for such legislation and administrative
actions as the Federal Bureau of Investigation, the Department of
Homeland Security, and the Department of State consider appropriate.
The report may be submitted in a classified and unclassified form.
Sec. 625. None of the funds made available in this Act may be used
for a United States contribution to any specialized agency, body, or
commission of the United Nations that is chaired or presided over by a
representative of a country, if the Secretary of State has determined
under section 6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)) that the government of such country has
provided support for acts of international terrorism.
Sec. 626. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 627. That of the unobligated balances available in the Working
Capital Fund under the heading, ``Department of Justice, General
Administration'', $44,000,000 shall be rescinded.
Sec. 628. Of the unobligated balances available under the heading,
``Department of Justice, Legal Activities, Asset Forfeiture Fund'',
$30,000,000 are rescinded.
Sec. 629. That of the unobligated balances under the heading,
``Department of Justice'', $98,125,000 are rescinded, none of which
shall be rescinded from the balances under the heading, ``Office of
Justice Programs'', or the heading, ``Community Oriented Policing
Services''.
Sec. 630. Controlled Substances Act and Related Acts. (a) Diversion
Control Program.--Section 111(b) of Public Law 102-395 (21 U.S.C. 886a)
is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), and indenting accordingly;
(2) in subparagraph (B), as redesignated, by striking
``program.'' and inserting ``program. Such reimbursements shall
be made without distinguishing between expenses related to
controlled substance activities and expenses related to
chemical activities.'';
(3) by striking ``There is established'' and inserting the
following:
``(1) In general.--There is established''; and
(4) by adding at the end the following:
``(2) Definitions.--In this section:
``(A) Diversion control program.--The term
`diversion control program' means the controlled
substance and chemical diversion control activities of
the Drug Enforcement Administration that are carried
out by the Office of Diversion Control and field
diversion elements of that agency.
``(B) Controlled substance and chemical diversion
control activities.--The term `controlled substance and
chemical diversion control activities' means those
activities related to the registration and control of
the manufacture, distribution, and dispensing of
controlled substances and listed chemicals.''.
(b) Rules and Regulations.--Section 301 of the Controlled
Substances Act (21 U.S.C. 821) is amended by striking ``the
registration and control of regulated'' and all that follows through
the period, and inserting ``listed chemicals.''
(c) Importers and Exporters of Controlled Substances.--Section
1088(f) of the Controlled Substances Import and Export Act (21 U.S.C.
958(f)) is amended--
(1) by inserting ``and control'' after ``the
registration''; and
(2) by striking ``list I chemicals under this section.''
and inserting ``listed chemicals.''.
Sec. 631. Universal Service Support. None of the funds appropriated
by this Act may be used by the Federal Communications Commission to
modify, amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommendations of
the Federal-State Joint Board on Universal Service regarding single
connection or primary line restrictions on universal service support
payments.
Sec. 632. The unobligated balance of the amount appropriated by
title V of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law
107-77; 115 Stat. 798) for necessary expenses of the United States-
Canada Alaska Rail Commission shall be transferred as a direct lump-sum
payment to the University of Alaska.
TITLE VII--PATENT AND TRADEMARK FEES
SECTION. 701. FEES FOR PATENT SERVICES.
(a) General Patent Fees.--During fiscal year 2005, subsection (a)
of section 41 of title 35, United States Code, shall be administered as
though that subsection reads as follows:
``(a) General Fees.--The Director shall charge the following fees:
``(1) Filing and basic national fees.--
``(A) On filing each application for an original
patent, except for design, plant, or provisional
applications, $300.
``(B) On filing each application for an original
design patent, $200.
``(C) On filing each application for an original
plant patent, $200.
``(D) On filing each provisional application for an
original patent, $200.
``(E) On filing each application for the reissue of
a patent, $300.
``(F) The basic national fee for each international
application filed under the treaty defined in section
351(a) of this title entering the national stage under
section 371 of this title, $300.
``(G) In addition, excluding any sequence listing
or computer program listing filed in an electronic
medium as prescribed by the Director, for any
application the specification and drawings of which
exceed 100 sheets of paper (or equivalent as prescribed
by the Director if filed in an electronic medium), $250
for each additional 50 sheets of paper (or equivalent
as prescribed by the Director if filed in an electronic
medium) or fraction thereof.
``(2) Excess claims fees.--In addition to the fee specified
in paragraph (1)--
``(A) on filing or on presentation at any other
time, $200 for each claim in independent form in excess
of 3;
``(B) on filing or on presentation at any other
time, $50 for each claim (whether dependent or
independent) in excess of 20; and
``(C) for each application containing a multiple
dependent claim, $360.
For the purpose of computing fees under this paragraph, a
multiple dependent claim referred to in section 112 of this
title or any claim depending therefrom shall be considered as
separate dependent claims in accordance with the number of
claims to which reference is made. The Director may by
regulation provide for a refund of any part of the fee
specified in this paragraph for any claim that is canceled
before an examination on the merits, as prescribed by the
Director, has been made of the application under section 131 of
this title. Errors in payment of the additional fees under this
paragraph may be rectified in accordance with regulations
prescribed by the Director.
``(3) Examination fees.--
``(A) For examination of each application for an
original patent, except for design, plant, provisional,
or international applications, $200.
``(B) For examination of each application for an
original design patent, $130.
``(C) For examination of each application for an
original plant patent, $160.
``(D) For examination of the national stage of each
international application, $200.
``(E) For examination of each application for the
reissue of a patent, $600.
``(4) Issue fees.--
``(A) For issuing each original patent, except for
design or plant patents, $1,400.
``(B) For issuing each original design patent,
$800.
``(C) For issuing each original plant patent,
$1,100.
``(D) For issuing each reissue patent, $1,400.
``(5) Disclaimer fee.--On filing each disclaimer, $130.
``(6) Appeal fees.--
``(A) On filing an appeal from the examiner to the
Board of Patent Appeals and Interferences, $500.
``(B) In addition, on filing a brief in support of
the appeal, $500, and on requesting an oral hearing in
the appeal before the Board of Patent Appeals and
Interferences, $1,000.
``(7) Revival fees.--On filing each petition for the
revival of an unintentionally abandoned application for a
patent, for the unintentionally delayed payment of the fee for
issuing each patent, or for an unintentionally delayed response
by the patent owner in any reexamination proceeding, $1,500,
unless the petition is filed under section 133 or 151 of this
title, in which case the fee shall be $500.
``(8) Extension fees.--For petitions for 1-month extensions
of time to take actions required by the Director in an
application--
``(A) on filing a first petition, $120;
``(B) on filing a second petition, $330; and
``(C) on filing a third or subsequent petition,
$570.''.
(b) Patent Maintenance Fees.--During fiscal year 2005, subsection
(b) of Section 41 of title 35, United States Code, shall be
administered as though that subsection reads as follows:
``(b) Maintenance Fees.--The Director shall charge the following
fees for maintaining in force all patents based on applications filed
on or after December 12, 1980:
``(1) 3 years and 6 months after grant, $900.
``(2) 7 years and 6 months after grant, $2,300.
``(3) 11 years and 6 months after grant, $3,800.
(c) Patent Search Fees.--During fiscal year 2005, subsection (d) of
section 41 of title 35, United States Code, shall be administered as
though that subsection reads as follows:
``(d) Patent Search and Other Fees.--
``(1) Patent search fees.--
``(A) The Director shall charge a fee for the
search of each application for a patent, except for
provisional applications. The Director shall establish
the fees charged under this paragraph to recover an
amount not to exceed the estimated average cost to the
Office of searching applications for patent either by
acquiring a search report from a qualified search
authority, or by causing a search by Office personnel
to be made, of each application for patent. For the 3-
year period beginning on October 1, 2004, the fee for a
search by a qualified search authority of a patent
application described in clause (i), (iv), or (v) of
subparagraph (B) may not exceed $500, of a patent
application described in clause (ii) of subparagraph
(B) may not exceed $100, and of a patent application
described in clause (iii) of subparagraph (B) may not
exceed $300. The Director may not increase any such fee
by more than 20 percent in each of the next three 1-
year periods, and the Director may not increase any
such fee thereafter.
``(B) For purposes of determining the fees to be
established under this paragraph, the cost to the
Office of causing a search of an application to be made
by Office personnel shall be deemed to be--
``(i) $500 for each application for an
original patent, except for design, plant,
provisional, or international applications;
``(ii) $100 for each application for an
original design patent;
``(iii) $300 for each application for an
original plant patent;
``(iv) $500 for the national stage of each
international application; and
``(v) $500 for each application for the
reissue of a patent.
``(C) The provisions of section 111(a)(3) of this
title relating to the payment of the fee for filing the
application shall apply to the payment of the fee
specified in this paragraph with respect to an
application filed under section 111(a) of this title.
The provisions of section 371(d) of this title relating
to the payment of the national fee shall apply to the
payment of the fee specified in this paragraph with
respect to an international application.
``(D) The Director may by regulation provide for a
refund of any part of the fee specified in this
paragraph for any applicant who files a written
declaration of express abandonment as prescribed by the
Director before an examination has been made of the
application under section 131 of this title, and for
any applicant who provides a search report that meets
the conditions prescribed by the Director.
``(2) Other fees.--The Director shall establish fees for
all other processing, services, or materials relating to
patents not specified in this section to recover the estimated
average cost to the Office of such processing, services, or
materials, except that the Director shall charge the following
fees for the following services:
``(A) For recording a document affecting title, $40
per property.
``(B) For each photocopy, $.25 per page.
``(C) For each black and white copy of a patent,
$3.
The yearly fee for providing a library specified in section 12
of this title with uncertified printed copies of the
specifications and drawings for all patents in that year shall
be $50.''.
(d) Adjustments.--During fiscal year 2005, subsection (f) of
section 41 of title 35, United States Code, shall apply to the fees
established under the amendments made by this section.
(e) Fees For Small Entities.--During fiscal year 2005, subsection
(h) of section 41 of title 35, United States Code, shall be
administered as though that subsection is amended--
(1) in paragraph (1), by striking ``Fees charged under
subsection (a) or (b)'' and inserting ``Subject to paragraph
(3), fees charged under subsections (a), (b), and (d)(1)''; and
(2) by adding at the end the following new paragraph:
``(3) The fee charged under subsection (a)(1)(A) shall be
reduced by 75 percent with respect to its application to any
entity to which paragraph (1) applies, if the application is
filed by electronic means as prescribed by the Director.''.
SEC. 702. ADJUSTMENT OF TRADEMARK FEES.
(a) Fee For Filing Application.--During fiscal year 2005, under
such conditions as may be prescribed by the Director, the fee under
section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for: (a)
the filing of a paper application for the registration of a trademark
shall be $375; (b) the filing of an electronic application shall be
$325; and (c) the filing of an electronic application meeting certain
additional requirements prescribed by the Director shall be $275.
During fiscal year 2005, the provisions of the second and third
sentences of section 31(a) of the Trademark Act of 1946 shall apply to
the fees established under this section.
(b) Reference to Trademark Act of 1946.--For purposes of this
section, the ``Trademark Act of 1946'' refers to the Act entitled ``An
Act to provide for the registration and protection of trademarks used
in commerce, to carry out the provisions of certain international
conventions, and for other purposes.'', approved July 5, 1946 (15
U.S.C. 1051 et seq.).
SEC. 703. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.
(a) Effective Date.--Except as otherwise provided in this title and
this section, the provisions of this title shall take effect on the
date of the enactment of this Act. If this Act takes effect after
October 1, 2004, the provisions of this title shall apply only with
respect to the remaining portion of fiscal year 2005.
(b) Applicability.--
(1)(A) Except as provided in subparagraphs (B) and (C), the
provisions of section 701 shall apply to all patents, whenever
granted, and to all patent applications pending on or filed
after the effective date set forth in subsection (a) of this
section.
(B)(i) Except as provided in clause (ii), sections
41(a)(1), 41(a)(3), and 41(d)(1) of title 35, United States
Code, as administered as provided in this title, shall apply
only to--
(I) applications for patents filed under section
111 of title 35, United States Code, on or after the
effective date set forth in subsection (a) of this
section, and
(II) international applications entering the
national stage under section 371 of title 35, United
States Code, for which the basic national fee specified
in section 41 of title 35, United States Code, was not
paid before the effective date set forth in subsection
(a) of this section.
(ii) Section 41(a)(1)(D) of title 35, United States Code as
administered as provided in this title, shall apply only to
applications for patent filed under section 111(b) of title 35,
United States Code, before, on, or after the effective date set
forth in subsection (a) of this section in which the filing fee
specified in section 41 of title 35, United States Code, was
not paid before the effective date set forth in subsection (a)
of this section.
(C) Section 41(a)(2) of title 35, United States Code, as
administered as provided in this title, shall apply only to the
extent that the number of excess claims, after giving effect to
any cancellation of claims, is in excess of the number of
claims for which the excess claims fee specified in section 41
of title 35, United States Code, was paid before the effective
date set forth in subsection (a) of this section.
(2) The provisions of section 702 shall apply to all
applications for the registration of a trademark filed or
amended on or after the effective date set forth in subsection
(a) of this section.
(c) Transitional Provisions.--
(1) Search fees.--During fiscal year 2005, the Director
shall charge--
(A) for the search of each application for an
original patent, except for design, plant, provisional,
or international application, $500;
(B) for the search of each application for an
original design patent, $100;
(C) for the search of each application for an
original plant patent, $300;
(D) for the search of the national stage of each
international application, $500; and
(E) for the search of each application for the
reissue of a patent, $500.
(2) Timing of fees.--The provisions of section 111(a)(3) of
title 35, United States Code, relating to the payment of the
fee for filing the application shall apply to the payment of
the fee specified in paragraph (1) with respect to an
application filed under section 111(a) of title 35, United
States Code. The provisions of section 371(d) of title 35,
United States Code, relating to the payment of the national fee
shall apply to the payment of the fee specified in paragraph
(1) with respect to an international application.
SEC. 704. DEFINITION.
In this title, the term ``Director'' means the Under Secretary of
Commerce for Intellectual Property and Director of the United States
Patent and Trademark Office.
TITLE VIII--KOBY MANDELL ACT OF 2003
SECTION 801. SHORT TITLE.
This Act may be cited as the ``Koby Mandell Act of 2003''.
SEC. 802. FINDINGS.
Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world, including more than 100
murdered since 1968 in terrorist attacks occurring in Israel or
in territories administered by Israel or in territories
administered by the Palestinian Authority.
(2) Some American citizens who have been victims of
terrorism overseas, especially those harmed by terrorists
operating from areas administered by the Palestinian Authority,
have not received from the United States Government services
equal to those received by other such victims of overseas
terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the apprehension of terrorists who have
harmed American citizens overseas, particularly in cases
involving terrorists operating from areas administered by the
Palestinian Authority. Monetary rewards for information leading
to the capture of terrorists overseas, which the Government
advertises in regions where the terrorists are believed to be
hiding, have not been advertised in areas administered by the
Palestinian Authority.
(4) This situation is especially grave in the areas
administered by the Palestinian Authority, because many
terrorists involved in the murders of Americans are walking
free there; some of these terrorists have been given positions
in the Palestinian Authority security forces or other official
Palestinian Authority agencies; and a number of schools,
streets, and other public sites have been named in honor of
terrorists who were involved in the murders of Americans.
(5) To remedy these and related problems, an office should
be established within the Department of Justice for the purpose
of ensuring equally vigorous efforts to capture all terrorists
who have harmed American citizens overseas and equal treatment
for all American victims of overseas terrorism.
SEC. 803. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS
TERRORISM IN THE DEPARTMENT OF JUSTICE.
(a) In General.--There is established within the Department of
Justice an Office of Justice for Victims of Overseas Terrorism (in this
Act referred to as the ``Office'') to carry out the following
activities:
(1) Rewards for justice.--
(A) In general.--The Office shall assume
responsibility for administration of the Rewards for
Justice program and its website.
(B) Administration.--In administering the Rewards
for Justice program the Office shall ensure that--
(i) rewards are offered to capture all
terrorists involved in harming American
citizens overseas, regardless of the
terrorists' country of origin or residence;
(ii) such rewards are prominently
advertised in the mass media and public sites
in all countries or regions where such
terrorists reside;
(iii) the names and photographs and
suspects in all such cases are included on the
website; and
(iv) the names of the specific
organizations claiming responsibility for
terrorist attacks mentioned on the site are
included in the descriptions of those attacks.
(2) Notification program.--The Office shall establish and
administer a program--
(A) comparable to the VINE system for notification
of crime victims; and
(B) that will provide notification for American
victims of overseas terrorism or their immediate family
to update them on the status of efforts to capture the
terrorists who harmed them.
(3) Government representation.--The Office shall send an
official United States Government representative to attend the
funeral of every American victim of terrorism overseas.
(4) Report.--The Office shall assume responsibility for
providing twice-annual reports to Congress as required by
section 805 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001.
(5) Profiting from crimes.--The Office shall work with
other United States Government agencies to expand legal
restrictions on the ability of murderers to reap profits from
books or movies concerning their crimes so as to ensure that
terrorists who harm American citizens overseas are unable to
profit from book or movie sales in the United States.
(6) Terrorists as police.--The Office shall--
(A) determine if terrorists who have harmed
American citizens overseas are serving in their local
police or security forces; and
(B) if it is found that terrorists who have harmed
American citizens overseas are serving in their local
police or security forces--
(i) alert those United States Government
agencies involved in providing assistance,
directly or indirectly, to those forces; and
(ii) request of those agencies that all
such assistance be halted until the
aforementioned terrorists are removed from
their positions.
(7) Patterns of prosecution.--The Office shall--
(A) undertake a comprehensive assessment of the
pattern of United States indictments and prosecution of
terrorists who have harmed American citizens overseas,
in order to determine the reasons for the absence of
indictments of terrorists residing in some regions,
such as the territories controlled by the Palestinian
Authority; and
(B) provide the assessment to the Attorney General
and to Congress, together with its recommendations.
(8) Monitoring.--The Office shall--
(A) monitor public actions by governments and
regimes overseas pertaining to terrorists who have
harmed American citizens, such as the naming of
schools, streets, or other public institutions or sites
after such terrorists; and
(B) in such instances, encourage other United
States Government agencies to halt their provision of
assistance, directly or indirectly, to those
institutions.
(9) Compensation.--The Office shall initiate negotiations
to secure appropriate financial compensation for American
citizens, or the families of such citizens, who were harmed by
organizations that claim responsibility for acts of terrorism
against Americans overseas and that subsequently become part of
a governing regime with which the United States Government
maintains diplomatic or other official contacts, such as the
Palestinian Authority.
(10) Incarcerated terrorists.--The Office shall--
(A) monitor the incarceration abroad of terrorists
who harmed Americans overseas, to ensure that their
conditions of incarceration are reasonably similar to
conditions of incarceration in the United States; and
(B) in cases where terrorists who have harmed
Americans overseas, and are subsequently released from
incarceration abroad, are eligible for further
prosecution in the United States, coordinate with other
Government agencies to seek the transfer of those
terrorists to the United States for further
prosecution.
(11) Persona non grata.--The Office shall strive to ensure
that all terrorists who have harmed Americans overseas are
treated by the United States Government as persona non grata,
including steps such as--
(A) denying those individuals visas for entry to
the United States;
(B) urging United States Government agencies to
refrain from political and diplomatic contacts with
those individuals; and
(C) instructing United States embassies and
consulates to urge American visitors to those countries
to refrain from patronizing businesses that are owned
or operated by such individuals.
SEC. 804. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2003 and each subsequent fiscal year such sums as may be necessary
to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
TITLE IX--ANABOLIC STEROID CONTROL ACT OF 2004
SECTION 901. SHORT TITLE.
This Act may be cited as the ``Anabolic Steroid Control Act of
2004''.
SEC. 902. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) in paragraph (41)--
(A) by realigning the margin so as to align with
paragraph (40); and
(B) by striking subparagraph (A) and inserting the
following:
``(A) The term `anabolic steroid' means any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone), and includes--
``(i) androstanediol--
``(I) 3b,17b-dihydroxy-5a-androstane; and
``(II) 3a,17b-dihydroxy-5a-androstane;
``(ii) androstanedione (5a-androstan-3,17-dione);
``(iii) androstenediol--
``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
androst-1-ene);
``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
androst-1-ene);
``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
4-ene); and
``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
5-ene);
``(iv) androstenedione--
``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
dione);
``(II) 4-androstenedione (androst-4-en-3,17-dione);
and
``(III) 5-androstenedione (androst-5-en-3,17-
dione);
``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
3-one);
``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
en-3-one);
``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
one);
``(ix) dehydrochloromethyltestosterone (4-chloro-17b-
hydroxy-17a-methyl-androst-1,4-dien-3-one);
``(x) <triangle>1-dihydrotestosterone (a.k.a. `1-
testosterone') (17b-hydroxy-5a-androst-1-en-3-one);
``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
one);
``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
dihydroxyandrost-4-en-3-one);
``(xv) formebolone (2-formyl-17a-methyl-11a,17b-
dihydroxyandrost-1,4-dien-3-one);
``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
furazan);
``(xvii) 13b-ethyl-17a-hydroxygon-4-en-3-one;
``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
en-3-one);
``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-
4-en-3-one);
``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
one);
``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-
3-one);
``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
dien-3-one);
``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
5-ene);
``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
3-one);
``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
4-en-3-one);
``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
3-one);
``(xxvii) 17a-methyl-<triangle>1-dihydrotestosterone (17b-
hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `17-a-methyl-
1-testosterone');
``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one);
``(xxix) norandrostenediol--
``(I) 19-nor-4-androstenediol (3b, 17b-
dihydroxyestr-4-ene);
``(II) 19-nor-4-androstenediol (3a, 17b-
dihydroxyestr-4-ene);
``(III) 19-nor-5-androstenediol (3b, 17b-
dihydroxyestr-5-ene); and
``(IV) 19-nor-5-androstenediol (3a, 17b-
dihydroxyestr-5-ene);
``(xxx) norandrostenedione--
``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
dione); and
``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
dione;
``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-
3-one);
``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
one);
``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
3-one);
``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
androstan-3-one);
``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
en-3-one);
``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
hydroxy-[5a]-androstan-3-one);
``(xxxvii) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-
2-eno[3,2-c]-pyrazole);
``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
1-en-3-one);
``(xxxix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic acid lactone);
``(xl) testosterone (17b-hydroxyandrost-4-en-3-one);
``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b-
hydroxygon-4,9,11-trien-3-one);
``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
``(xliii) any salt, ester, or ether of a drug or substance
described in this paragraph;
``(xliv) methyldienolone (17a-methyl-17b-hydroxyestra-
4,9(10)-dien-3-one);
``(xlv) methyltrienolone (17a-methyl-17b-hydroestra-4,9,11-
trien-3-one);
``(xlvi) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-
3-one);
``(xlvii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-
hydroxy-17b-hydroxyestr-4-en-3-one);
``(xlviii) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
``(xliv) 17a-methyl-3a,17b-dihydroxy-5a-androstane; and
``(xlv) 17a-methyl-3b,17b-dihydroxyandrost-4-ene.
The substances excluded under this subparagraph may at any time be
scheduled by the Attorney General in accordance with the authority and
requirements of subsections (a) through (c) of section 201.''; and
(2) in paragraph (44), by inserting ``anabolic steroids,''
after ``marihuana,''.
(b) Authority and Criteria for Classification.--Section 201(g) of
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
(1) in paragraph (1), by striking ``substance from a
schedule if such substance'' and inserting ``drug which
contains a controlled substance from the application of titles
II and III of the Comprehensive Drug Abuse Prevention and
Control Act (21 U.S.C. 802 et seq.) if such drug''; and
(2) in paragraph (3), by adding at the end the following:
``(C) Upon the recommendation of the Secretary of Health
and Human Services, a compound, mixture, or preparation which
contains any anabolic steroid, which is intended for
administration to a human being or an animal, and which,
because of its concentration, preparation, formulation or
delivery system, does not present any significant potential for
abuse.''.
(c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic
Steroids Control Act of 1990 (Public Law 101-647) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of enactment of this Act.
SEC. 903. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect
to offenses involving anabolic steroids;
(2) consider amending the Federal sentencing guidelines to
provide for increased penalties with respect to offenses
involving anabolic steroids in a manner that reflects the
seriousness of such offenses and the need to deter anabolic
steroid trafficking and use; and
(3) take such other action that the Commission considers
necessary to carry out this section.
SEC. 904. PREVENTION AND EDUCATION PROGRAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall award grants to
public and nonprofit private entities to enable such entities to carry
out science-based education programs in elementary and secondary
schools to highlight the harmful effects of anabolic steroids.
(b) Eligibility.--
(1) Application.--To be eligible for grants under
subsection (a), an entity shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Preference.--In awarding grants under subsection (a),
the Secretary shall give preference to applicants that intend
to use grant funds to carry out programs based on--
(A) the Athletes Training and Learning to Avoid
Steroids program;
(B) the Athletes Targeting Healthy Exercise and
Nutrition Alternatives program; and
(C) other programs determined to be effective by
the National Institute on Drug Abuse.
(c) Use of Funds.--Amounts received under a grant under subsection
(a) shall be used primarily for education programs that will directly
communicate with teachers, principals, coaches, as well as elementary
and secondary school children concerning the harmful effects of
anabolic steroids.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2005 through 2010.
SEC. 905. NATIONAL SURVEY ON DRUG USE AND HEALTH.
(a) In General.--The Secretary of Health and Human Services shall
ensure that the National Survey on Drug Use and Health includes
questions concerning the use of anabolic steroids.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for each of fiscal
years 2005 through 2010.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2005''.
Calendar No. 698
108th CONGRESS
2d Session
S. 2809
[Report No. 108-344]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 15, 2004
Read twice and placed on the calendar