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108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
_______________________________________________________________________
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
----------
CONFERENCE REPORT
TO ACCOMPANY
H.R. 4818
November 20 (legislative day, November 19), 2004.--Ordered to be
printed
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
_______________________________________________________________________
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
__________
CONFERENCE REPORT
TO ACCOMPANY
H.R. 4818
November 20 (legislative day, November 19), 2004.--Ordered to be
printed
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
======================================================================
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
_______
November 20 (legislative day of November 19), 2004.--Ordered to be
printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4818]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4818) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2005, and for other purposes'', having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short Title
Sec. 2. Table of Contents
Sec. 3. References
Sec. 4. Statement of Appropriations
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Patent and Trademark Fees
Title IX--Oceans and Human Health Act
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
Title I--Department of Defense--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
Title VI--Reform of the Board of Directors of the Tennessee Valley
Authority
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--Urgent Wildland Fire Suppression Activities
Title V--General Reduction
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2005
Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to
the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions
DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
DIVISION J--OTHER MATTERS
Title I--Miscellaneous Provisions and Offsets
Title II--225th Anniversary of the American Revolution Commemoration Act
Title III--Rural Air Service Improvement Act of 2004
Title IV--L-1 Visa and H-1B Visa Reform Act
Title V--National Aviation Heritage Area Act
Title VI--Oil Region National Heritage Area Act
Title VII--Mississippi Gulf Coast National Heritage Area Act
Title VIII--Federal Lands Recreation Enhancement Act
Title IX--Satellite Home Viewer Extension and Reauthorization Act of
2004
Title X--Snake River Water Rights Act of 2004
DIVISION K--SMALL BUSINESS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2005.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,124,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Executive Operations
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $10,317,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$14,331,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $8,228,000.
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff,
$775,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $16,595,000.
Common Computing Environment
For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the
Farm and Foreign Agricultural Service, and Rural Development
mission areas for information technology, systems, and
services, $125,585,000, to remain available until expended, for
the capital asset acquisition of shared information technology
systems, including services as authorized by 7 U.S.C. 6915-16
and 40 U.S.C. 1421-28: Provided, That obligation of these funds
shall be consistent with the Department of Agriculture Service
Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief
Information Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,742,000: Provided, That the Chief Financial Officer
shall actively market and expand cross-servicing activities of
the National Finance Center: Provided further, That no funds
made available by this appropriation may be obligated for FAIR
Act or Circular A-76 activities until the Secretary has
submitted to the Committees on Appropriations of both Houses of
Congress and the Committee on Government Reform of the House of
Representatives a report on the Department's contracting out
policies, including agency budgets for contracting out.
Working Capital Fund
For the acquisition of disaster recovery and continuity of
operations technology of the National Finance Center's data,
$12,850,000, to remain available until expended.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $818,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$19,889,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $669,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $163,870,000, to remain
available until expended: Provided, That not to exceed 5
percent of amounts which are made available for space rental
and related costs for the Department of Agriculture in this Act
may be transferred between such appropriations to cover the
costs of new or replacement space 15 days after notice thereof
is transmitted to the Appropriations Committees of both Houses
of Congress.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,532,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $22,626,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary
for the practical and efficient work of the Department:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,852,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may
be obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That no other
funds appropriated to the Department by this Act shall be
available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for the
dissemination of agricultural information, and thecoordination
of information, work, and programs authorized by Congress in the
Department, $9,365,000: Provided, That not to exceed $2,000,000 may be
used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector General
Act of 1978, $78,289,000, including such sums as may be
necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $35,861,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics Service,
the Agricultural Research Service, and the Cooperative State
Research, Education, and Extension Service, $592,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and
other laws, $74,768,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C. 1621-
1627 and 2204g, and other laws, $129,480,000, of which up to
$22,405,000 shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,110,887,000: Provided,
That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each
be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each,
and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained
in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by
law: Provided further, That all rights and title of the United
States in the 1.0664-acre parcel of land including
improvements, as recorded at Book 1320, Page 253, records of
Larimer County, State of Colorado, shall be conveyed to the
Board of Governors of the Colorado State University for the
benefit of Colorado State University.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research
programs of the Department of Agriculture, where not otherwise
provided, $187,838,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $660,781,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$180,148,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $22,384,000; for payments to the 1890
land-grant colleges, including Tuskegee University and West
Virginia State University (7 U.S.C. 3222), $37,000,000, of
which $1,507,496 shall be made available only for the purpose
of ensuring that each institution shall receive no less than
$1,000,000; for special grants for agricultural research (7
U.S.C. 450i(c)), $121,284,000; for special grants for
agricultural research on improved pest control (7 U.S.C.
450i(c)), $15,280,000; for competitive research grants (7
U.S.C. 450i(b)), $181,000,000; for the support of animal health
and disease programs (7 U.S.C. 3195), $5,098,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $1,196,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,111,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note),
$1,087,000, to remain available until expended; for rangeland
research grants (7 U.S.C. 3333), $1,000,000; for higher
education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,000,000, to remain available until expended (7 U.S.C.
2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $5,500,000; for a higher education multicultural
scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain
available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $5,645,000; for noncompetitive grants for the purpose of
carrying out all provisions of 7 U.S.C. 3242 (section 759 of
Public Law 106-78) to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii,
with funds awarded equally to each of the States of Alaska and
Hawaii, $3,500,000; for a secondary agriculture education
program and 2-year post-secondary education (7 U.S.C. 3152(j)),
$1,000,000; for aquaculture grants (7 U.S.C. 3322), $4,000,000;
for sustainable agriculture research and education (7 U.S.C.
5811), $12,500,000; for a program of capacity building grants
(7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University and West Virginia State
University, $12,411,000, to remain available until expended (7
U.S.C. 2209b); for payments to the 1994 Institutions pursuant
to section 534(a)(1) of Public Law 103-382, $2,250,000; for
resident instruction grants for insular areas under section
1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for
necessary expenses of Research and Education Activities,
$42,889,000.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$12,000,000.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas,
and American Samoa, $449,225,000, as follows: payments for
cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under
section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents,
$277,742,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$58,909,000; payments for the pest management program under
section 3(d) of the Act, $10,000,000; payments for the farm
safety program under section 3(d) of the Act, $4,600,000;
payments to upgrade research, extension, and teaching
facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State University, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$16,912,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever
Act, $7,538,000; for youth farm safety education and
certification extension grants, to be awarded competitively
under section 3(d) of the Act, $444,000; payments for carrying
out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,093,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,774,000; payments for sustainable agriculture programs under
section 3(d) of the Act, $4,100,000; payments for rural health
and safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $1,981,000; payments for
cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328)
and Tuskegee University and West Virginia State University,
$33,133,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall receive
no less than $1,000,000; for grants to youth organizations
pursuant to section 7630 of title 7, United States Code,
$2,667,000; and for necessary expenses of Extension Activities,
$22,059,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$55,153,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$43,058,000, including $12,971,000 for the water quality
program, $14,967,000 for the food safety program, $4,200,000
for the regional pest management centers program, $4,500,000
for the Food Quality Protection Act risk mitigation program for
major food crop systems, $1,400,000 for the crops affected by
Food Quality Protection Act implementation, $3,131,000 for the
methyl bromide transition program, and $1,889,000 for the
organic transition program; for a competitive
internationalscience and education grants program authorized under
section 1459A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until
expended, $1,000,000; for grants programs authorized under section
2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to remain
available until September 30, 2006 for the critical issues program, and
$1,345,000 for the regional rural development centers program; and
$9,000,000 for the homeland security program authorized under section
1484 of the National Agricultural Research, Extension, and Teaching Act
of 1977, to remain available until September 30, 2006.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $5,935,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress for
the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $721,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $814,623,000, of which $4,119,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$47,500,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones; of which $33,197,000 shall be
available for a National Animal Identification program:
Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four,
of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building: Provided further, That no funds shall be used to
implement a national animal identification system prior to
notification to the Committees on Appropriations which shall
include a detailed explanation of the components of such
system.
In fiscal year 2005, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain
available until expended, without further appropriation, for
providing such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $4,967,000, to remain available until expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law,
and for administration and coordination of payments to States,
$75,698,000, including funds for the wholesale market
development program for the design and development of wholesale
and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $64,459,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $15,800,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $3,847,000, of which not less
than $2,500,000 shall be used to make a grant under this
heading.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $37,299,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws enacted
by the Congress for the Food Safety and Inspection Service,
$595,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $823,760,000, of which no less than
$742,305,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That no fewer than 63 full time equivalent
positions above the fiscal year 2002 level shall be employed
during fiscal year 2005 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That of the amount available
under this heading, notwithstanding section 704 of this Act,
$3,000,000, available until September 30, 2006, shall be
obligated to include the Humane Animal Tracking System as part
of the Field Automation and Information Management System
following notification to the Committees on Appropriations,
which shall include a detailed explanation of the components of
such system: Provided further, That of the total amount made
available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided
further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings
and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $631,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $1,007,597,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to make
program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency
for authorized activities may be advanced to and merged with
this account.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain available
until expended: Provided, That such program is carried out by
the Secretary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387, 114 Stat. 1549A-12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,610,000,000, of which $1,400,000,000 shall be for guaranteed
loans and $210,000,000 shall be for direct loans; operating
loans, $2,035,000,000, of which $1,100,000,000 shall be for
unsubsidized guaranteed loans, $285,000,000 shall be for
subsidized guaranteed loans and $650,000,000 shall be for
direct loans; Indian tribe land acquisition loans, $2,000,000;
and for boll weevil eradication program loans, $100,000,000:
Provided, That the Secretary shall deem the pink bollworm to be
a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 ofthe
Congressional Budget Act of 1974, as follows: farm ownership loans,
$18,655,000, of which $7,420,000 shall be for guaranteed loans, and
$11,235,000 shall be for direct loans; operating loans, $139,049,000,
of which $35,530,000 shall be for unsubsidized guaranteed loans,
$37,934,000 shall be for subsidized guaranteed loans, and $65,585,000
shall be for direct loans; and Indian tribe land acquisition loans,
$105,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $301,764,000, of
which $293,764,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $72,044,000: Provided, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42
U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$741,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$837,360,000, to remain available until June 30, 2006, of which
not less than $10,500,000 is for snow survey and water
forecasting, and not less than $14,433,000 is for operation and
establishment of the plant materials centers, and of which not
less than $23,500,000 shall be for the grazing lands
conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That this
appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section
202(c) of title II of the Colorado River Basin Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service: Provided further, That none of the funds made
available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in accordance
with the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001-1009), $7,083,000: Provided, That none of the funds
made available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation,
rehabilitation of existing works and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance
with the provisions of laws relating to the activities of the
Department, $75,576,000, to remain available until expended; of
which up to $10,000,000 may be available for the watersheds
authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a): Provided, That not to exceed $35,000,000 of this
appropriation shall be available for technical assistance:
Provided further, That not to exceed $1,000,000 of this
appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as
may be necessary to expedite project construction: Provided
further, That none of the funds made available under this
paragraph by this or any other appropriations Act may be used
to provide technical assistance with respect to programs listed
in section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012),
and in accordance with the provisions of laws relating to the
activities of the Department, $27,500,000, to remain available
until expended: Provided, That none of the funds made available
under this paragraph by this or any other appropriations Act
may be used to provide technical assistance with respect to
programs listed in section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)).
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and 32
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $51,641,000, to remain available until
expended: Provided, That none of the funds made available under
this paragraph by this or any other appropriations Act may be
used to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)): Provided further, That the Secretary shall
enter into a cooperative or contribution agreement with a
national association regarding a Resource Conservation and
Development program and such agreement shall contain the same
matching, contribution requirements, and funding level, set
forth in a similar cooperative or contribution agreement with a
national association in fiscal year 2002: Provided further,
That not to exceed $3,504,300 shall be available for national
headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the Rural
Utilities Service of the Department of Agriculture, $632,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932,
except for sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act, $716,049,000, to remain available
until expended, of which $89,180,000 shall be for rural
community programs described in section 381E(d)(1) of such Act;
of which $552,689,000 shall be for the rural utilities programs
described in sections 381E(d)(2), 306C(a)(2), and 306D of such
Act, of which not to exceed $500,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306E of such Act; and of which $74,180,000 shall be for the
rural business and cooperative development programs described
in sections 381E(d)(3) and 310B(f) of such Act: Provided, That
of the total amount appropriated in this account, $25,000,000
shall be for loans and grants to benefit Federally Recognized
Native American Tribes, including grants for drinking water and
waste disposal systems pursuant to section 306C of such Act, of
which $4,500,000 shall be available for community facilities
grants to tribal colleges, as authorized by section 306(a)(19)
of the Consolidated Farm and Rural Development Act, and of
which $250,000 shall be available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated for rural
community programs, $6,350,000 shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability
of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the
amount appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order
to promote economic development; $1,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any
purpose under this heading: Provided further, That of the
amount appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to
benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to
exceed $26,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 2 percent available to
administer the program and/or improve interagency coordination
may be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses'', of which $100,000
shall be provided to develop a regional system for centralized
billing, operation, and management of rural water and sewer
utilities through regional cooperatives, of which 25 percent
shall be provided for water and sewer projects in regional
hubs, and the State of Alaska shall provide a 25 percent cost
share, and grantees may use up to 5 percent of grant funds, not
to exceed $35,000 per community, for the completion of
comprehensive community safe water plans; not to exceed
$18,250,000 shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, of which $5,600,000 shall be for Rural Community
Assistance Programs and not less than $800,000 shall be for a
qualified national Native American organization to provide
technical assistance for rural water systems for tribal
communities; and not to exceed $13,500,000 shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That of the total amount
appropriated, not to exceed $22,166,000 shall be available
through June 30, 2005, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $1,081,000 shall be for the rural community
programs described in section 381E(d)(1) of such Act, of which
$12,582,000 shall be for the rural utilities programs described
in section 381E(d)(2) of such Act, and of which $8,503,000
shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided
further, That of the amount appropriated for rural community
programs, not to exceed $21,000,000 shall be to provide grants
for facilities in rural communities with extreme unemployment
and severe economic depression (Public Law 106-387), with 5
percent for administration and capacity building in the State
rural development offices: Provided further, That of the amount
appropriated, $28,000,000 shall be transferred to and merged
with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high cost energy
grants authorized by section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and
merged with the ``Rural Utilities Service, High Energy Costs
Grants Account''.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $148,452,000: Provided, That of funds
appropriated under this title for salaries and expenses, not
less than $5,000,000 shall be used to complete the
consolidation of Rural Development activities in St. Louis, to
the Goodfellow facility also in St. Louis: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this section may be used for advertising and
promotional activities that support the Rural Development
mission area: Provided further, That not more than $10,000 may
be expended to provide modest nonmonetary awards to non-USDA
employees: Provided further, That any balances available from
prior years for the Rural Utilities Service, Rural Housing
Service, and the Rural Business-Cooperative Service salaries
and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $4,459,297,000 for loans to section
502 borrowers, as determined by the Secretary, of which
$1,150,000,000 shall be for direct loans, and of which
$3,309,297,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans; $100,000,000
for section 515 rental housing; $100,000,000 for section 538
guaranteed multi-family housing loans; $5,045,000 for section
524 site loans; $11,501,000 for credit sales of acquired
property, of which up to $1,501,000 may be for multi-family
credit sales; and $10,000,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $166,778,000, of which $133,170,000 shall be for direct
loans, and of which $33,608,000, to remain available until
expended, shall be for unsubsidized guaranteed loans; section
504 housing repair loans, $10,171,000; section 515 rental
housing, $47,090,000; section 538 multi-family housing
guaranteed loans, $3,490,000; multi-family credit sales of
acquired property, $727,000: Provided, That of the total amount
appropriated in this paragraph, $7,100,000 shall be available
through June 30, 2005, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones: Provided further, That any funds under this paragraph
initially allocated by the Secretary for housing projects in
the State of Alaska that are not obligated by September 30,
2005, shall be carried over until September 30, 2006, and made
available for such housing projects only in the State of
Alaska.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $448,342,000,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses''.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $592,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount, $5,900,000
shall be available for debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Act, and not to exceed $20,000 per project for advances to
nonprofit organizations or public agencies to cover direct
costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided
further, That agreements entered into or renewed during the
current fiscal year shall be funded for a four-year period:
Provided further, That any unexpended balances remaining at the
end of such four-year agreements may be transferred and used
for the purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through June
30, 2005, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation for
construction defects, and rural housing preservation made by
the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1490e, and 1490m, $43,992,000, to remain available
until expended: Provided, That $3,000,000 shall be made
available for loans to private non-profit organizations, or
such non-profit organizations' affiliate loan funds and State
housing finance agencies, to carry out a housing demonstration
program to provide revolving loans for the preservation of low-
income multi-family housing projects: Provided further, That
loans under such demonstration program shall have an interest
rate of not more than one percent direct loan to the recipient:
Provided further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to three
years and the term of such loans shall not exceed 30 years:
Provided further, That of the total amount appropriated,
$1,800,000 shall be available through June 30, 2005, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $34,118,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
Rural Business--Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$34,213,000.
For the cost of direct loans, $15,868,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2005, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2005, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That of such amount made
available, the Secretary may provide up to $1,500,000 for the
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total amount
appropriated, $2,447,000 shall be available through June 30,
2005, for the cost of direct loans for authorized empowerment
zones and enterprise communities and communities designated by
the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,316,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $25,003,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, $4,698,000, to remain available until
expended.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section
313 of the Rural Electrification Act of 1936, $4,698,000 shall
not be obligated and $4,698,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,500,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to
small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority; and of
which not to exceed $15,500,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 6401 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $12,500,000, to
remain available until expended, for designated rural
empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277): Provided, That of the funds
appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax
Relief Act (Public Law 106-554).
RENEWABLE ENERGY PROGRAM
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed
renewable energy loans and grants: Provided, That the cost of
direct loans and loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$120,000,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,100,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant
to section 313A, $1,000,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $125,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $5,058,000, and the cost of telecommunications loans,
$100,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates
may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,277,000 which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2005 and within the resources and
authority available, gross obligations for the principal amount
of direct loans shall be $175,000,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,152,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount
of direct broadband telecommunication loans, $550,000,000.
For the cost of direct loans and grants for telemedicine
and distance learning services in rural areas, as authorized by
7 U.S.C. 950aaa et seq., $35,710,000, to remain available until
expended, of which $710,000 shall be for direct loans:
Provided, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That $10,000,000 shall be made available to convert
analog to digital operation those noncommercial educational
television broadcast stations that serve rural areas and are
qualified for Community Service Grants by the Corporation for
Public Broadcasting under section 396(k) of the Communications
Act of 1934, including associated translators and repeaters,
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting
technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $11,715,000, to remain available until September
30, 2006: Provided, That the interest rate for such loans shall
be the cost of borrowing to the Department of the Treasury for
obligations of comparable maturity: Provided further, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, $9,000,000, to remain available until
expended, for a grant program to finance broadband transmission
in rural areas eligible for Distance Learning and Telemedicine
Program benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $595,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21; $11,782,000,000, to remain available
through September 30, 2006, of which $6,629,038,000 is hereby
appropriated and $5,152,962,000 shall be derived by transfer
from fundsavailable under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c): Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That up to $5,235,000 shall be available for independent
verification of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$5,277,250,000, to remain available through September 30, 2006,
of which $125,000,000 shall be placed in reserve, to remain
available until expended, to be allocated as the Secretary
deems necessary, notwithstanding section 17(i) of such Act, to
support participation should cost or participation exceed
budget estimates: Provided, That of the total amount available,
the Secretary shall obligate not less than $15,000,000 for a
breastfeeding support initiative in addition to the activities
specified in section 17(h)(3)(A): Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000
shall be available for the purposes specified in section
17(h)(10)(B): Provided further, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That none of the funds in this
Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of
prohibiting smoking within the space used to carry out the
program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant
formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $35,154,554,000, of which $3,000,000,000
to remain available through September 30, 2006, shall be placed
in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided,
That none of the funds made available under this heading shall
be used for studies and evaluations: Provided further, That of
the funds made available under this heading and not already
appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000
shall be used to purchase bison meat for the FDPIR from Native
American bison producers as well as from producer-owned
cooperatives of bison ranchers: Provided further, That funds
provided herein shall be expended in accordance with section 16
of the Food Stamp Act: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and Training
under this heading shall remain available until expended, as
authorized by section 16(h)(1) of the Food Stamp Act: Provided
further, That notwithstanding section 5(d) of the Food Stamp
Act of 1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United States
Armed Forces deployed to a designated combat zone shall be
excluded from household income for the duration of the member's
deployment if the additional pay is the result of deployment to
or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; and special assistance (in a form determined by the
Secretary of Agriculture) for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $178,797,000, to
remain available through September 30, 2006: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2005 to support the Senior Farmers' Market Nutrition
Program, as authorized by section 4402 of Public Law 107-171,
such funds shall remain available through September 30, 2006.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$139,937,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution of
fraud and other violations of law.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate
activities of the Department in connection with foreign
agricultural work, including not to exceed $158,000 for
representation allowances and for expenses pursuant to section
8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$137,822,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954, and
the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $94,198,000, to
remain available until expended: Provided, That the Secretary
of Agriculture may implement a commodity monetization program
under existing provisions of the Food for Progress Act of 1985
to provide no less than $5,000,000 in local-currency funding
support for rural electrification development overseas.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food for
Progress Act of 1985, to the extent funds appropriated for
Public Law 83-480 are utilized, $4,034,000, of which $1,097,000
may be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of
which $2,937,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the Food
for Progress Act of 1985, $22,723,000, to remain available
until expended: Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,182,501,000, to remain available until expended.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM
103, $4,423,000; to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $3,421,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $1,002,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $87,500,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $1,788,478,000: Provided, That of the amount provided
under this heading, $284,394,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $33,938,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and
$8,354,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended: Provided further,
That fees derived from prescription drug, medical device, and
animal drug assessments received during fiscal year 2005,
including any such fees assessed prior to the current fiscal
year but credited during the current year, shall be subject to
the fiscal year 2005 limitation: Provided further, That none of
these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$439,038,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $498,647,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs; (3) $172,714,000 shall be
for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs;
(4) $98,964,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs;(5) $235,078,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $40,530,000 shall be for the National Center
for Toxicological Research; (7) $57,722,000 shall be for Rent and
Related activities, other than the amounts paid to the General Services
Administration for rent; (8) $129,815,000 shall be for payments to the
General Services Administration for rent; and (9) $115,970,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Management; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $94,327,000, including not to exceed
$3,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $42,350,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 388 passenger motor vehicles, of
which 388 shall be for replacement only, and for the hire of
such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, low pathogen avian
influenza program, up to $33,197,000 in animal health
monitoring and surveillance for the animal identification
system, up to $3,000,000 in the emergency management systems
program for the vaccine bank, up to $1,000,000 for wildlife
services methods development, up to $1,000,000 of the wildlife
services operations program for aviation safety, and up to 25
percent of the screwworm program; Food Safety and Inspection
Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds
for the Research, Education, and Economics Information System,
and funds for the Native American Institutions Endowment Fund;
Farm Service Agency, salaries and expenses funds made available
to county committees; Foreign Agricultural Service, middle-
income country training program, and up to $1,565,000 of the
Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign
Agricultural Service.
Sec. 705. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary balances
of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary
for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without the prior approval of the Committees on Appropriations
of both Houses of Congress.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall be
available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28, 1954
(7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such space
will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 20 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Telephone Bank program account, the Rural
Electrification and Telecommunication Loans program account,
and the Rural Housing Insurance Fund program account.
Sec. 713. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount within
the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute:
Provided, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available in this
Act may be used to transfer to the Treasury or to the Federal
Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as
set forth for financial accounts in section 505(c) of the
Federal Credit Reform Act of 1990.
Sec. 714. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 715. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 716. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 718. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be
obligated for projects over $25,000 prior to receipt of written
approval by the Chief Information Officer.
Sec. 719. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided fromany accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by
Congress; or (3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Committees
on Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing a
program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds appropriated
or otherwise made available by this or any other Act may be
used to pay the salaries and expenses of personnel to carry out
the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 721. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2006 appropriations Act.
Sec. 722. None of the funds made available by this or any
other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 723. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, through the Congressional Hunger Center.
Sec. 724. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f),
any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of
such Act, may be used to carry out title II of such Act.
Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,998,000'' and inserting ``$27,998,000''.
Sec. 726. (a) None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries
and expenses of personnel to collect from the lender at the
time of issuance a guarantee fee of less than 2 percent of the
principal obligation of guaranteed single-family housing loans
administered by the Rural Housing Service: Provided, That this
section shall not apply to loans made to refinance other
single-family housing loans administered by the Rural Housing
Service.
(b) Section 502(h)(6)(C) of the Housing Act of 1949 (42
U.S.C. 1472(h)(6)(C)) is amended by adding, ``, plus the
guarantee fee as authorized by subsection (h)(7)'' after the
phrase, ``whichever is less'', in each of paragraphs (i) and
(ii).
Sec. 727. Notwithstanding any other provision of law, and
until receipt of the decennial Census in the year 2010, the
Secretary of Agriculture shall consider--
(1) the City of Salinas, California; the City of
Watsonville, California; and the City of Hollister,
California, eligible for programs administered by the
Rural Housing Service;
(2) the Town of Horseshoe Beach, Florida; the City
of Wewahitchka, Florida; the City of Southport,
Florida; the City of Resota Beach, Florida; the City of
Creedmoor, North Carolina; the County of Lake, Florida;
the City of St. Cloud, Florida; the City of Plantation,
Florida; the Cleburne County Water Authority of
Alabama; and the City of Coburg, Oregon, eligible for
loans and grants funded through the rural utilities
programs in the Rural Community Advancement Program
account;
(3) the City of Casa Grande, Arizona, a rural area
for purposes of eligibility for loans and grants
provided through the Rural Housing Insurance Fund
Program account, the Rural Housing Assistance Grants
account and the rural utilities programs in the Rural
Community Advancement Program account;
(4) the City of Coachella, California, eligible for
loans and grants funded through the rural utilities
programs and rural business and cooperative development
programs in the Rural Community Advancement Program
account and the Rural Housing Insurance Fund Program
account;
(5) the City of Springfield, Ohio; the City of
Lexington, Virginia; the City of Clarksdale,
Mississippi; the City of Vicksburg, Mississippi; the
City of Cache, Oklahoma; and the City of Elgin,
Oklahoma, eligible for loans and grants funded through
the rural community programs in the Rural Community
Advancement Program account;
(6) the City of Carbondale, Illinois, a rural area
for purposes of eligibility for loans and grants funded
through the Rural Housing Insurance Fund Program
account and the Rural Housing Assistance Grants
account;
(7) the City of St. Joseph, Missouri, eligible for
loans and grants funded through the rural businessand
cooperative development programs in the Rural Community Advancement
Program account relating to an application submitted to the Department
by a farmer-owned cooperative, a majority of whose members reside in a
rural area, as determined by the Secretary, and for the purchase and
operation of a facility beneficial to the purpose of the cooperative;
and
(8) the fiber-to-premises broadband facilities in
St. Lucie County, Florida, and the City of Port St.
Lucie, Florida, collectively, to meet the eligibility
requirements for loans and loan guarantees under
section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb).
Sec. 728. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency
Virus or Acquired Immune Deficiency Syndrome in
the communities; and
(B) households in the communities,
particularly individuals caring for orphaned
children; and
(2) agricultural commodities monetized to provide
other assistance (including assistance under
microcredit and microenterprise programs) to create or
restore sustainable livelihoods among individuals in
the communities, particularly individuals caring for
orphaned children.
Sec. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance to the DuPage County, Illinois, Kress
Creek Water Quality Enhancement Project, from funds available
for the Watershed and Flood Prevention Operations program, not
to exceed $1,000,000 and Rockhouse Creek Watershed, Leslie
County, Kentucky, not to exceed $1,000,000.
Sec. 730. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou project in
Arkansas, the Matanuska River erosion control project in
Alaska, the DuPage County watershed project in Illinois, and
the Coal Creek project in Utah.
Sec. 731. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriation Act.
Sec. 732. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 733. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 734. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 735. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 736. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices in
the resolution of complaints by employees or applicants for
employment, and in cases and other matters pending before the
Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107-171 (7 U.S.C. 2655).
Sec. 738. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments
outside of the Treasury, are not required to establish
obligations and outlays for those investments, provided those
investments are insured by the Federal Deposit Insurance
Corporation or are collateralized at the Federal Reserve with
securities approved by the Federal Reserve, operating under the
guidelines of the United States Department of the Treasury.
Sec. 739. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of
154,500 acres in the calendar year 2005 wetlands reserve
program as authorized by 16 U.S.C. 3837.
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel who carry out an
environmental quality incentives program authorized by chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.) in excess of $1,017,000,000.
Sec. 742. Hereafter, the Secretary of Agriculture is
authorized to permit employees of the United States Department
of Agriculture to carry and use firearms for personal
protection while conducting field work in remote locations in
the performance of their official duties.
Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $23,000,000
made available by section 9006(f) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
Sec. 744. With the exception of funds provided in fiscal
year 2003, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $40,000,000
made available by section 601(j)(1)(A) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)).
Sec. 745. None of the funds made available in fiscal year
2005 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
to reimburse the Commodity Credit Corporation for the release
of eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $80,000,000
made available by section 6401(a) of Public Law 107-171.
Sec. 747. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c)
and (e)(2)) in implementing section 313A of that Act, the
Secretary shall, with the consent of the lender, structure the
schedule for payment of the annual fee, not to exceed an
average of 30 basis points per year for the term of the loan,
to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 748. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from
appropriated funds financial and technical assistance to the
Dry Creek project, Utah.
Sec. 749. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a Conservation
Security Program authorized by 16 U.S.C. 3838, et seq., in
excess of $202,411,000.
Sec. 750. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2502 of
Public Law 107-171 in excess of $47,000,000.
Sec. 751. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2503 of
Public Law 107-171 in excess of $112,000,000.
Sec. 752. The Secretary of Agriculture shall use
$30,000,000 of the funds of the Commodity Credit Corporation,
to remain available until expended, to compensate commercial
citrus and lime growers in the State of Florida for tree
replacement and for lost production with respect to trees
removed to control citrus canker, and with respect to certified
citrus nursery stocks within the citrus canker quarantine
areas, as determined by the Secretary. For a grower to receive
assistance for a tree under this section, the tree must have
been removed after September 30, 2001.
Sec. 753. Not more than $10,000,000 for fiscal year 2005 of
the funds appropriated or otherwise made available by this or
any other Act shall be used to carry out Section 6029 of Public
Law 107-171.
Sec. 754. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law
105-264.
Sec. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a ground and
surface water conservation program authorized by section 2301
of Public Law 107-171 in excess of $51,000,000.
Sec. 756. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant Health
Inspection Service published on July 8, 2003 (Docket No. 02-
062-1; 68 Fed. Reg. 40541).
Sec. 757. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating to
rural development or farm loan programs.
Sec. 758. Notwithstanding any other provision of law, the
Secretary of Agriculture may use appropriations available to
the Secretary for activities authorized under sections 426-426c
of title 7, United States Code, under this or any other Act, to
enter into cooperative agreements, with a State, political
subdivision, or agency thereof, a public or private agency,
organization, or any other person, to lease aircraft if the
Secretary determines that the objectives of the agreement will:
(1) serve a mutual interest of the parties to the agreement in
carrying out the programs administered by the Animal and Plant
Health Inspection Service, Wildlife Services; and (2) all
parties will contribute resources to the accomplishment of
these objectives; award of a cooperative agreement authorized
by the Secretary may be made for an initial term not to exceed
5 years.
Sec. 759. There is hereby appropriated $1,491,000, to
remain available until September 30, 2006, to carry out section
6028 of Public Law 107-171: Provided, That notwithstanding
section 383B(g)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share of
the administrative expenses of the Northern Great Plains
Regional Authority for fiscal year 2005 shall be 100 percent.
Sec. 760. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 9010 of
Public Law 107-171 in excess of $100,000,000.
Sec. 761. (a) The matter under the heading ``Rural
Community Advancement Program'' in division A--Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Programs Appropriations, 2004, title III--Rural
Development Programs, in Public Law 108-199 is amended by
striking ``$1,750,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 1921 et seq.); and not less than $2,000,000
shall be available for grants in accordance with section
310B(f) of the Consolidated Farm and Rural Development Act''
and inserting ``and not less than $2,000,000 shall be available
for grants in accordance with section 310B(f) of the
Consolidated Farm and Rural Development Act: Provided further,
That of the total amount appropriated in this account,
$1,750,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 1921 et seq.) for any Rural Community Advancement
Program purpose''.
(b) Consistent with any legal commitments made by the Delta
Regional Authority, at the request of the Authority and if the
Secretary of Agriculture agrees, the Secretary may deobligate
any unexpended Rural Community Advancement Program grant funds
made to the Authority pursuant to division A of Public Law 108-
7: Provided, That such reobligated funds are used by the
Authority for projects that are consistent with the purposes of
the Rural Housing Service Community Facilities Program.
Sec. 762. Of the unobligated balances available in the
Rural Housing Assistance Grant Program account, $1,000,000 is
hereby rescinded.
Sec. 763. Agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to
cover the costs of preparing, or contracting for the
preparation of, final agency decisions regarding complaints of
discrimination in employment or program activities arising
within such agencies and offices.
Sec. 764. Of the unobligated balances available in the
Rural Housing Insurance Fund Program account, $3,000,000 is
hereby rescinded.
Sec. 765. Notwithstanding any other provision of law, for
any fiscal year and hereafter, in the case of a high cost
isolated rural area in Alaska that is not connected to a road
system, the maximum level for the single family housing
assistance shall be 150 percent of the average income level in
the metropolitan areas of the State and 115 percent of all
other eligible areas of the State.
Sec. 766. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in fiscal
years 2002, 2003, 2004, and 2005 shall remain available until
expended to cover obligations made in fiscal years 2002, 2003,
2004, and 2005, respectively, and are not available for new
obligations.
Sec. 767. There is hereby appropriated $1,500,000, to
remain available until expended, for the Denali Commission to
address deficiencies in solid waste disposal sites which
threaten to contaminate rural drinking water supplies.
Sec. 768. Notwithstanding any other provision of law--
(1)(A) the Alaska Department of Community and
Economic Development shall be eligible to receive a
water and waste disposal grant under section 306(a) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) in an amount that is equal to not more
than 75 percent of the total cost of providing water
and sewer service to the proposed hospital in the
Matanuska-Susitna Borough, Alaska; and
(B) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds
through to the local government entity that will
provide water and sewer service to the hospital;
(2) or any percentage of cost limitation in current
law or regulations, the construction projects known as
the Tri-Valley Community Center addition in Healy,
Alaska; the Cold Climate Housing Research Center in
Fairbanks, Alaska; and the University of Alaska-
Fairbanks Allied Health Learning Center skill labs/
classrooms shall be eligible to receive Community
Facilities grants in amounts that are equal to not more
than 75 percent of the total facility costs: Provided,
That for the purposes of this paragraph, the Cold
Climate Housing Research Center is designated an
``essential community facility'' for rural Alaska;
(3) the Secretary shall consider the City of
Guymon, Oklahoma; the City of Shawnee, Oklahoma; the
Village of New Miami, Ohio; the City of Vicksburg,
Mississippi; and the City of Altus, Oklahoma, to be
eligible for loans and grants provided through the
Rural Housing Insurance Fund until receipt of the
decennial Census in the year 2010;
(4) grants made under section 306(a)(19) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(19)) using funds made available under this Act
for the cities of Ellisville and Waynesboro,
Mississippi, shall be made without a non-Federal cost
share requirement;
(5) the City of Great Falls, Montana, shall be
considered a rural area for purposes of eligibility for
business and industry guaranteed loans under section
310B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a)(1)) until receipt of
the decennial Census in the year 2010;
(6) the Secretary may consider the Piedmont
Municipal Power Agency of South Carolina eligible to
participate in programs administered by the Rural
Utilities Service until receipt of the decennial Census
in the year 2010; and
(7) until receipt of the decennial Census for the
year 2010, for all activities under programs of the
Rural Development Mission Area within the County of
Honolulu, Hawaii, the Secretary may designate any
portion of the county as a rural area or eligible rural
community that the Secretary determines is not urban in
character: Provided, That the Secretary shall not
include in any such rural area or eligible rural
community any area included in the Honolulu Census
Designated Place as determined by the Secretary of
Commerce.
Sec. 769. Section 501 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(1) in subsection (b)(1), by inserting ``and Doug
Bereuter'' after ``John Ogonowski''; and
(2) in the heading, by inserting ``AND DOUG
BEREUTER'' after ``JOHN OGONOWSKI''.
Sec. 770. Notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the
associated regulations) governing the Community Facilities
Program, the Secretary may allow all Community Facility Program
facility borrowers and grantees to enter into contracts with
not-for-profit third parties for services consistent with the
requirements of the Program, grant, and/or loan: Provided, That
the contracts protect the interests of the Government regarding
cost, liability, maintenance, and administrative fees.
Sec. 771. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and
other assistance available through the emergency watershed
protection program under section 403 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to
non-Federal land in watersheds that have been impaired by fires
initiated by the Federal Government and shall waive cost
sharing requirements for the funding and assistance.
Sec. 772. None of the funds made available in this Act may
be used to provide credits or credit guarantees for
agricultural commodities provided for use in Iraq in violation
of subsection (e) or (f) of section 202 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5622).
Sec. 773. None of the funds provided in this Act may be
used for salaries and expenses to carry out any regulation or
rule insofar as it would make ineligible for enrollment in the
conservation reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.) land that is planted to
hardwood trees as of the date of enactment of this Act and was
enrolled in the conservation reserve program under a contract
that expired prior to calendar year 2002.
Sec. 774. None of the funds made available in this Act may
be used to restrict to prescription use a contraceptive that is
determined to be safe and effective for use without the
supervision of a practitioner licensed by law to administer
prescription drugs under section 503(b) of the Federal Food,
Drug, and Cosmetic Act.
Sec. 775. Of the unobligated balances in the Local
Television Loan Guarantee Program account, $88,000,000 are
hereby rescinded.
Sec. 776. Privacy Protection of Certain Sellers of Farm
Products. Section 1324(c) of the Food Security Act of 1985 (7
U.S.C. 1631(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (2)(C)(ii)(II), by
inserting ``, or other approved unique
identifier,'' after both ``social security
number'' and ``identification number'';
(B) in paragraph (4)(C)(iii), by inserting
``, or other approved unique identifier,''
after both ``social security number'' and
``identification number''; and
(C) by adding the following at the end:
``(5) The term `approved unique identifier' means a
number, combination of numbers and letters, or other
identifier selected by the Secretary of State using a
selection system or method approved by the Secretary of
Agriculture.''
(2) in subsection (e)(1)(A)(ii)(III), by inserting
``, or other approved unique identifier,'' after both
``social security number'' and ``identification
number''; and
(3) in subsection (g)(2)(A)(ii)(III), by inserting
``, or other approved unique identifier,'' after both
``social security number'' and ``identification
number''.
Sec. 777. Section 532 of the Equity in Educational Land
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 193-
382) is amended--
(1) by redesignating paragraphs (23) through (32)
as paragraphs (24) through (33), respectively; and
(2) by inserting after paragraph (22) the
following: ``(23) Tohono O`odham Community College.''.
Sec. 778. Of the unobligated balances of funds in the
Agricultural Conservation Program account, $3,500,000 are
hereby rescinded.
Sec. 779. Notwithstanding any other provision of law, the
amounts made available to the Dakota Value Capture Cooperative
under section 747 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2002 (Public Law 107-76; 115 Stat. 738) shall remain
available until expended for a project conducted by the Dakota
Value Capture Cooperative at South Dakota State University.
Sec. 780. None of the funds made available under this Act
shall be available to pay the administrative expenses of a
State agency that, after the date of enactment of this Act,
authorizes any new for-profit vendor(s) to transact food
instruments under the Special Supplemental Nutrition Program
for Women, Infants, and Children if it is expected that more
than 50 percent of the annual revenue of the vendor from the
sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments,
except that the Secretary may approve the authorization of such
a vendor if the approval is necessary to assure participant
access to program benefits.
Sec. 781. Of the unobligated balances under section 32 of
the Act of August 24, 1935, $163,000,000 are hereby rescinded.
Sec. 782. Of the unobligated balances available to the
Foreign Agricultural Service for the Public Law 480 Title I
Program at the beginning of fiscal year 2005, $191,108,000 are
hereby rescinded: Provided, That for purposes of determining
the amount of funds available for transfer under section 412(b)
of Public Law 83-480, as amended, the maximum amount of funds
available for transfer shall be calculated based upon the total
funds available prior to this rescission.
Sec. 783. The Secretary of Agriculture may use any
unobligated carryover funds made available for any program
administered by the Rural Utilities Service (not including
funds made available under the heading ``Rural Community
Advancement Program'' in any Act of appropriation) to carry out
section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e).
Sec. 784. None of the funds made available by this or any
other Act may be used to reduce the mission, resources,
staffing, facilities, or capabilities of the Wildlife Habitat
Management Institute in Mississippi as in existence on December
17, 2003.
Sec. 785. Livestock Assistance. (a) In General.--In
carrying out a livestock assistance, compensation, or feed
program, the Secretary of Agriculture shall include elk,
reindeer, and bison within the definition of ``livestock''
covered by the program.
(b) Conforming Amendments.--
(1) Section 602(2) of the Agricultural Act of 1949
(7 U.S.C. 1471(2)) is amended by inserting ``elk,
reindeer, bison,'' after ``cattle,''.
(2) Section 10104 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1472) is amended--
(A) by redesignating subsections (a)
through (d) as subsections (b) through (e),
respectively; and
(B) by inserting before subsection (b) (as
so redesignated) the following:
``(a) Definition of Livestock.--In this section, the term
`livestock' includes elk, reindeer, and bison.''.
(3) Section 203(d) of the Agricultural Assistance
Act of 2003 (Public Law 108-7; 117 Stat. 541) is
amended--
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
``(2) Livestock.--The term `livestock' includes
elk, reindeer, and bison.''.
Sec. 786. There is hereby appropriated $1,000,000, to
remain available until expended, to carry out provisions of
Section 751 of Division A of Public Law 108-7.
Sec. 787. There is hereby appropriated $500,000 for a grant
to Alaska Village Initiatives for the purpose of administering
a private lands wildlife management program in Alaska.
Sec. 788. Technical Corrections. (a) Section 104(b)(1) of
the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108-265) is amended by striking the closing quotation marks
and the following period at the end of section 9(b)(5)(A)(iv)
of the Richard B. Russell National School Lunch Act (as added
by that section 104(b)(1) of Public Law 108-265).
(b) Section 13(a)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section
116(d) of Public Law 108-265) is amended--
(1) in subparagraph (C), by striking ``2005'' and
inserting ``2006''; and
(2) in subparagraph (D)--
(A) in clause (i), by striking ``2007'' and
inserting ``2008''; and
(B) in clause (ii), by striking ``2008''
and inserting ``2009''.
(c) Section 21(e)(2)(A) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) (as amended by
section 125(c)(2)(B) of Public Law 108-265) is amended by
inserting ``and'' after ``2005''.
(d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(1)(C)(i) (as amended by section
203(e)(10)(B) of Public Law 108-265) is amended by striking the
period after ``subsection (h)(11)''.
(e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(8)(A)(vi) (as added by section
203(e)(5) of Public Law 108-265) is amended by striking ``Each
State'' and inserting ``Effective beginning October 1, 2004,
each State''.
(f) Section 502(b) of the Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) is amended--
(1) in paragraph (2), by striking ``203(e)(5),'';
and
(2) in paragraph (4), by striking ``104'' and
inserting ``104 (other than section 104(a)(1))''.
Sec. 789. Section 104 of Chapter 1 of the Emergency
Supplemental Appropriations for Hurricane Disasters Assistance
Act, 2005, Public Law 108-324, is amended by adding ``and
tropical storms'' after ``hurricanes''.
Sec. 790. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Ohio
Livestock Expo Center in Springfield, Ohio.
Sec. 791. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Virginia
Horse Center in Lexington, Virginia.
Sec. 792. Notwithstanding any other provision of law,
unobligated funding balances in the Great Plains Conservation
Program authorized under section 16(b) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry
Incentives Program authorized by Section 4 and Section 6 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103);
The Water Bank Program authorized by The Water Bank Act of 1970
(Public Law 91-559); and funding for the John's Creek, TN
Watershed and Flood Prevention Operations project are hereby
rescinded.
Sec. 793. There is hereby appropriated $2,250,000, to
remain available until expended, for a grant to the Wisconsin
Federation of Cooperatives for pilot Wisconsin-Minnesota health
care cooperative purchasing alliances.
Sec. 794. (a) Section 1240B of the Food Security Act of
1985, 16 U.S.C. 3839 aa-2, is amended at the end by adding the
following:
``(h) Funding for Federally Recognized Native American
Indian Tribes and Alaska Native Corporations.--The Secretary
may enter into alternative funding arrangements with federally
recognized Native American Indian Tribes and Alaska Native
Corporations (including their affiliated membership
organizations) if the Secretary determines that the goals and
objectives of the program will be met by such arrangements, and
that statutory limitations regarding contracts with individual
producers as defined under this Subtitle will not be exceeded
by any Tribal or Native Corporation member.''.
(b) Section 1240G of the Food Security Act of 1985, 16
U.S.C. 3839aa-7, is amended by inserting after ``2007,''
``(excluding funding arrangements with federally recognized
Native American Indian Tribes or Alaska Native Corporations
under section 1240B(h))''.
Sec. 795. There is hereby appropriated $6,000,000, to
remain available until expended, for a grant to the Florida
Department of Citrus.
Sec. 796. Notwithstanding any other provision of law,
effective with funds made available in fiscal year 2004 to
states administering the Child and Adult Care Food Program, for
the purpose of conducting audits of participating institutions,
funds identified by the Secretary as having been unused during
the initial fiscal year of availability may be recovered and
reallocated by the Secretary: Provided, That states may use the
reallocated funds until expended for the purpose of conducting
audits of participating institutions.
Sec. 797. Section 1238Q of the Food Security Act of 1985
is amended--
(a) In subsection (a), by striking ``permit'' and
inserting ``transfer title of ownership to an easement under
this subchapter to''; and
(b) By striking subsection (d) and inserting the
following new subsection:
``(d) Transfer of title of ownership of easement.--
Reversion--If a private organization or state agency holding an
easement on land under this subchapter dissolves or fails to
enforce the terms of the easement, the easement shall revert to
the Secretary.''.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2005''.
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $124,100,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 45
permanent positions and 46 full-time equivalent workyears and
$11,078,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2004: Provided further, That not to
exceed 26 permanent positions, 21 full-time equivalent
workyears and $3,305,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 17
permanent positions, 21 full-time equivalent workyears and
$2,470,000 shall be expended for the Office of Public Affairs:
Provided further, That the latter two aforementioned offices
may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $20,185,000, to remain
available until September 30, 2006.
automated biometric identification system/integrated automated
fingerprint identification system
For necessary expenses for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and
image data, $5,054,000, to remain available until September 30,
2006.
LEGAL ACTIVITIES OFFICE AUTOMATION
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office
automation systems for the organizations funded under the
headings ``Salaries and Expenses, General Legal Activities'',
and ``General Administration, Salaries and Expenses'', and the
United States Attorneys, the United States Marshals Service,
the Antitrust Division, the United States Trustee Program, the
Executive Office for Immigration Review, the Community
Relations Service, the Bureau of Prisons, the Office of Justice
Programs, and the United States Parole Commission, $40,510,000,
to remain available until September 30, 2006.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $100,000,000, to remain available until
September 30, 2006: Provided, That the Attorney General shall
transfer to the ``Narrowband Communications'' account all funds
made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer
made under the preceding proviso shall be subject to section
605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$203,965,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee,
$885,994,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the Justice
Prisoner and Alien Transportation System and for overseeing
housing related to such detention: Provided further, That any
unobligated balances available in prior years from the funds
appropriated under the heading ``Federal Prisoner Detention''
shall be transferred to and merged with the appropriation under
the heading ``Detention Trustee'' and shall be available until
expended. Provided further, That the Trustee, working in
consultation with the Bureau of Prisons, shall submit a plan
for collecting information related to evaluating the health and
safety of Federal prisoners in non-Federal institutions no
later than 180 days following the enactment of this Act.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$63,813,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized, $10,638,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $634,193,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated, not
to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding
anyother provision of law, upon a determination by the Attorney
General that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,333,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $138,763,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, not
to exceed $101,000,000 of offsetting collections derived from
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2005, so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than
$37,763,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,547,519,000; of which not to exceed $2,500,000
shall be available until September 30, 2006, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,212 positions and 10,273
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys:
Provided further, That of the funds made available under this
heading, $1,500,000 shall only be available to continue
``Operation Streetsweeper'': Provided further, That of the
total amount appropriated, $5,000,000 shall be for Project
Seahawk and shall remain available until expended.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, as authorized, $173,602,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of
law, $173,602,000 of offsetting collections pursuant to 28
U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a
final fiscal year 2005 appropriation from the Fund estimated at
$0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,220,000.
United States Marshals Service
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals
Service, $751,985,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
and of which $4,000,000 for information technology systems
shall remain available until expended; of which not less than
$11,580,000 shall be available for the costs of courthouse
security equipment, including furnishings, relocations, and
telephone systems and cabling, and shall remain available until
September 30, 2006: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States
Marshals Service, not to exceed 4,543 positions and 4,387 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
CONSTRUCTION
For construction of United States Marshals Service
prisoner-holding space in United States courthouses and Federal
buildings, $5,734,000, to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
$177,585,000, to remain available until expended; of which not
to exceed $8,000,000 may be made available for construction of
buildings for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $7,000,000 may be made
available for the purchase, installation, maintenance and
upgrade of secure telecommunications equipment and a secure
automated information network to store and retrieve the
identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,664,000: Provided, That notwithstanding any other provision
of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,759,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
In addition to amounts appropriated by subsection 3(e) of
the Radiation Exposure Compensation Act (42 U.S. Code 2210
note), $27,800,000 for payment to the Radiation Exposure
Compensation Trust Fund, to remain available until expended.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $561,033,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under
authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 2,988 passenger motor
vehicles, of which 2,619 will be for replacement only; and not
to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C,
$5,205,028,000; of which not to exceed $150,000,000 shall
remain available until expended; of which $1,017,000,000 shall
be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our
national security; of which $56,349,000 shall be for the
operations, equipment, and facilities of the Foreign Terrorist
Tracking Task Force; and of which not to exceed $20,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements
with State and local law enforcement agencies while engaged in
cooperative activities related to violent crime, terrorism,
organized crime, gang-related crime, cybercrime, and drug
investigations: Provided, That not to exceed $200,000 shall be
available for official reception and representation expenses:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 30,039 positions and 29,082 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of
Investigation: Provided further, That up to $6,800,000 of prior
year unobligated balances shall be available for the necessary
expense of construction of an aviation hangar, to remain
available until September 30, 2006.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $10,242,000, to remain
available until expended: Provided, That $9,000,000 shall be
available to lease a records management facility, including
equipment and relocation expenses, in Frederick County,
Virginia.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
28 U.S.C. 530C; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs; and
purchase of not to exceed 1,461 passenger motor vehicles, of
which 1,346 will be for replacement only, for police-type use,
$1,653,265,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000
shall be available for official reception and representation
expenses: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement
Administration, not to exceed 8,361 positions and 8,250 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration: Provided further, That not to exceed $8,100,000
from prior year unobligated balances shall be available for the
design, construction and ownership of a clandestine laboratory
training facility and shall remain available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall be
for replacement only; not to exceed $25,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $890,357,000, of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by 18 U.S.C. 924(d)(2); and of which
$10,000,000 shall remain available until expended: Provided,
That no funds appropriated herein shall be available for
salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein
shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to
change the definition of ``Curios or relics'' in 27 CFR 178.11
or remove any item from ATF Publication 5300.11 as it existed
on January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That such funds shall
be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That no funds made available by this or any other Act
may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments in fiscal year 2005: Provided
further, That no funds appropriated under this or any other Act
with respect to any fiscal year may be used to disclose part or
all of the contents of the Firearms Trace System database
maintained by the National Trace Center of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives or any information
required to be kept by licensees pursuant to section 923(g) of
title 18, United States Code, or required to be reported
pursuant to paragraphs (3) and (7) of such section 923(g), to
anyone other than a Federal, State, or local law enforcement
agency or a prosecutor solely in connection with and for use in
a bona fide criminal investigation or prosecution and then only
such information as pertains to the geographic jurisdiction of
the law enforcement agency requesting the disclosure and not
for use in any civil action or proceeding other than an action
or proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, or a review of such an action or
proceeding, to enforce the provisions of chapter 44 of such
title, and all such data shall be immune from legal process and
shall not be subject to subpoena or other discovery in any
civil action in a State or Federal court or in any
administrative proceeding other than a proceeding commenced by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
enforce the provisions of that chapter, or a review of such an
action or proceeding; except that this proviso shall not be
construed to prevent the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of such
title) and licensed manufacturer (as defined in section
921(a)(10) of such title): Provided further, That no funds made
available by this or any other Act shall be expended to
promulgate or implement any rule requiring a physical inventory
of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered
pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That no funds authorized
or made available under this or any other Act may be used to
deny any application for a license under section 923 of title
18, United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of 1986:
Provided further, That of the total amount provided under this
paragraph, $5,600,000 shall be for the construction and
establishment of the Federal Firearms Licensing Center at the
Bureau of Alcohol, Tobacco, Firearms and Explosives National
Tracing Center Facility and shall remain available until
expended.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed
780, of which 649 are for replacement only) and hire of law
enforcement and passenger motorvehicles, and for the provision
of technical assistance and advice on corrections related issues to
foreign governments, $4,627,696,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct expenditures
by that Administration for medical relief for inmates of Federal penal
and correctional institutions: Provided further, That the Director of
the Federal Prison System, where necessary, may enter into contracts
with a fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $365,836,000 shall
remain available for prison activations until September 30, 2006:
Provided further, That, of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available until
expended to make payments in advance for grants, contracts and
reimbursable agreements, and other expenses authorized by section
501(c) of the Refugee Education Assistance Act of 1980, for the care
and security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $189,000,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,411,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
(``the 1994 Act''); the Victims of Child Abuse Act of 1990
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools
to End the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Juvenile Justice and Delinquency Prevention
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking
and Violence Protection Act of 2000 (Public Law 106-386);
$387,275,000, including amounts for administrative costs, to
remain available until expended: Provided, That all balances,
unobligated and obligated, from grants and activities
administered by the Office on Violence Against Women shall be
transferred from the Office of Justice Programs to the Office
on Violence Against Women within 60 days of enactment of this
Act: Provided further, That of the amount provided--
(1) $11,897,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(2) $1,925,000 for child abuse training programs
for judicial personnel and practitioners, as authorized
by section 222 of the 1990 Act;
(3) $983,000 for grants for televised testimony, as
authorized by Part N of the 1968 Act;
(4) $187,086,000 for grants to combat violence
against women, as authorized by part T of the 1968 Act,
of which:
(A) $5,000,000 shall be for the National
Institute of Justice for research and
evaluation of violence against women;
(B) $10,000,000 shall be for the Office of
Juvenile Justice and Delinquency Prevention for
the Safe Start Program, as authorized by the
1974 Act; and
(C) $12,500,000 shall be for transitional
housing assistance grants for victims of
domestic violence, stalking or sexual assault
as authorized by Public Law 108-21;
(5) $63,491,000 for grants to encourage arrest
policies as authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295(a) of the 1994 Act;
(7) $4,415,000 for training programs as authorized
by section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,950,000 for grants to improve the stalking
and domestic violence databases, as authorized by
section 40602 of the 1994 Act;
(9) $9,175,000 to reduce violent crimes against
women on campus, as authorized by section 1108(a) of
Public Law 106-386;
(10) $39,740,000 for legal assistance for victims,
as authorized by section 1201(c) of Public Law 106-386;
(11) $4,600,000 for enhancing protection for older
and disabled women from domestic violence and sexual
assault, as authorized by section 40802 of the 1994
Act;
(12) $14,078,000 for the safe havens for children
pilot program, as authorized by section 1301(a) of
Public Law 106-386; and
(13) $7,250,000 for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402(a) of Public Law 106-386.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, the Missing Children's Assistance
Act, including salaries and expenses in connection therewith,
the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21),
and the Victims of Crime Act of 1984, $227,900,000, to remain
available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other
programs; $1,295,510,000 (including amounts for administrative
costs, which shall be transferred to and merged with the
``Justice Assistance'' account): Provided, That funding
provided under this heading shall remain available until
expended, as follows--
(1) $634,000,000 for the Edward Byrne Memorial
Justice Assistance Grant program pursuant to the
amendments made by section 201 of H.R. 3036 of the
108th Congress, as passed by the House of
Representatives on March 30, 2004 (except that the
special rules for Puerto Rico established pursuant to
such amendments shall not apply for purposes of this
Act), of which--
(A) $85,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement, as authorized by section 401 of
Public Law 104-294 (42 U.S.C. 13751 note);
(B) $10,000,000 shall be available for the
National Institute of Justice in assisting
units of local government to identify, select,
develop, modernize, and purchase new
technologies for use by law enforcement; and
(C) $2,500,000 for USA Freedom Corps
activities;
(2) $305,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act;
(3) $30,000,000 is for the Southwest Border
Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for costs
associated with the prosecution of criminal cases
declined by local United States Attorneys offices;
(4) $18,000,000 for assistance to Indian tribes, of
which--
(A) $5,000,000 shall be available for
grants under section 20109(a)(2) of subtitle A
of title II of the 1994 Act;
(B) $8,000,000 shall be available for the
Tribal Courts Initiative; and
(C) $5,000,000 shall be available for
demonstration projects on alcohol and crime in
Indian Country;
(5) $170,027,000 for discretionary grants
authorized by subpart 2 of part E, of title I of the
1968 Act, notwithstanding the provisions of section 511
of said Act;
(6) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386;
(7) $883,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(8) $40,000,000 for Drug Courts, as authorized by
Part EE of the 1968 Act;
(9) $2,000,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(10) $10,000,000 for a prescription drug monitoring
program;
(11) $37,000,000 for prison rape prevention and
prosecution programs as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), of which
$1,000,000 shall be transferred to the National Prison
Rape Elimination Commission for authorized activities;
(12) $25,000,000 for grants for residential
substance abuse treatment for State prisoners, as
authorized by part S of the 1968 Act;
(13) $10,500,000 for a program to improve State and
local law enforcement intelligence capabilities
including training to ensure that constitutional
rights, civil liberties, civil rights, and privacy
interests are protected throughout the intelligence
process;
(14) $1,000,000 for a State and local law
enforcement hate crimes training and technical
assistance program;
(15) $2,000,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the
1968 Act; and
(16) $100,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the
1994 Act:
Provided, That, if a unit of local government uses any of the
funds made available under this title to increase the number of
law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $62,000,000, to
remain available until September 30, 2006, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies, non-profit organizations, and agencies of local
government engaged in the investigation and prosecution of
violent and gang-related crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements or
transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified by
the Attorney General to execute the ``Weed and Seed'' program
strategy: Provided, That funds designated by Congress through
language for other Department of Justice appropriation accounts
for ``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and
personnel in support of ``Weed and Seed'' program activities
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act: Provided further,
That of the funds appropriated for the Executive Office for
Weed and Seed, $2,000,000 shall be directed for comprehensive
community development training and technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), $606,446,000, to remain available until
expended: Provided, That funds that become available as a
result of deobligations from prior year balances may not be
obligated except in accordance with section 605 of this Act:
Provided further, That of the funds under this heading, not to
exceed $2,575,000 shall be available for the Office of Justice
Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services
Office: Provided further, That section 1703(b) and (c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968
Act'') shall not apply to non-hiring grants made pursuant to
part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the
amounts provided--
(1) $10,000,000 is for the hiring of law
enforcement officers, including $5,000,000 for school
resource officers;
(2) $15,000,000 is for training and technical
assistance;
(3) $20,000,000 is for improving tribal law
enforcement including equipment and training;
(4) $100,000,000 is for the COPS Interoperable
Communications Technology Program;
(5) $7,500,000 is for a police integrity program;
(6) $25,000,000 is for the matching grant program
for law enforcement armor vests as authorized by
section 2501 of part Y of the 1968 Act: Provided, That
not to exceed 2 percent of such funds shall be
available to the Office of Justice Programs for testing
of and research relating to law enforcement armor
vests;
(7) $52,556,000 is for policing initiatives to
combat methamphetamine production and trafficking and
to enhance policing initiatives in ``drug hot spots'';
(8) $15,000,000 is for Police Corps education and
training: Provided, That the out-year program costs of
new recruits shall be fully funded from funds currently
available;
(9) $138,615,000 is for a law enforcement
technology program;
(10) $25,000,000 is for grants to upgrade criminal
records, as authorized under the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601);
(11) $28,450,000 is for grants, contracts and other
assistance to States under section 102(b) of the Crime
Identification Technology Act of 1998 (42 U.S.C.
14601);
(12) $110,000,000 is for a DNA analysis and
capacity enhancement program;
(13) $15,000,000 is for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act (42 U.S.C. 3797j et seq.);
(14) $10,000,000 is for an offender re-entry
program, as authorized by Public Law 107-273;
(15) $4,325,000 is for the Safe Schools Initiative;
and
(16) not to exceed $30,000,000 is for program
management and administration.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the Act''), and other juvenile
justice programs, including salaries and expenses in connection
therewith to be transferred to and merged with the
appropriations for Justice Assistance, $384,177,000, to remain
available until expended, as follows--
(1) $3,000,000 for concentration of Federal
efforts, as authorized by section 204 of the Act;
(2) $84,000,000 for State and local programs
authorized by section 221 of the Act, including
training and technical assistance to assist small, non-
profit organizations with the Federal grants process;
(3) $102,177,000 for demonstration projects, as
authorized by sections 261 and 262 of the Act;
(4) $10,000,000 for research, evaluation, training
and technical assistance, as authorized by sections 251
and 252 of the Act;
(5) $15,000,000 for juvenile mentoring programs;
(6) $80,000,000 for delinquency prevention, as
authorized by section 505 of the Act, of which--
(A) $10,000,000 shall be for the Tribal
Youth Program;
(B) $25,000,000 shall be for a gang
resistance education and training program to be
administered by the Bureau of Justice
Assistance and to be coordinated with the
Bureau of Alcohol, Tobacco, Firearms and
Explosives and the Office of Juvenile Justice
and Delinquency Prevention; and
(C) $25,000,000 shall be for grants of
$360,000 to each State and $6,640,000 shall be
available for discretionary grants to States,
for programs and activities to enforce State
laws prohibiting the sale of alcoholic
beverages to minors or the purchase or
consumption of alcoholic beverages by minors,
prevention and reduction of consumption of
alcoholic beverages by minors, and for
technical assistance and training;
(7) $5,000,000 for Project Childsafe;
(8) $15,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
(9) $15,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990; and
(10) $55,000,000 for the Juvenile Accountability
Block Grants program as authorized by Public Law 107-
273 and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), such sums as are
necessary, as authorized by section 6093 of Public Law 100-690
(102 Stat. 4339-4340); and $3,615,000, to remain available
until expended for payments as authorized by section 1201(b) of
said Act; and $2,795,000 for educational assistance, as
authorized by section 1212 of the 1968 Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $60,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses.
Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 103
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 105. Authorities contained in the 21st Century
Department of Justice Appropriations Authorization Act (Public
Law 107-273) shall remain in effect until the effective date of
a subsequent Department of Justice appropriations authorization
Act.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison
System'' in this or any other Act may be transferred to
``Salaries and Expenses, Federal Prison System'', or any other
Department of Justice account, unless the President certifies
that such a transfer is necessary to the national security
interests of the United States, and such authority shall not be
delegated, and shall be subject to Section 605 of this Act.
Sec. 107. Section 114 of Public Law 107-77 shall remain in
effect during fiscal year 2005.
Sec. 108. In addition to the amounts provided under
``Salaries and Expenses, United States Attorneys'', $15,000,000
shall be for Project Seahawk and shall remain available until
expended.
Sec. 109. The Attorney General is authorized to extend
through September 30, 2006, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the
number of employees or the positions covered.
Sec. 110. (a) None of the funds made available in this Act
may be used by the Drug Enforcement Administration to establish
a procurement quota following the approval of a new drug
application or an abbreviated new drug application for a
controlled substance.
(b) The limitation established in subsection (a) shall not
apply until 180 days after enactment of this Act.
Sec. 111. The limitation established in the preceding
section shall not apply to any new drug application or
abbreviated new drug application for which the Drug Enforcement
Administration has reviewed and provided public comments on
labeling, promotion, risk management plans, and any other
documents.
Sec. 112. (a) Section 8335(b) of title 5, United States
Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with the
preceding sentence shall cease to be available after December
31, 2009.''.
(b) Section 8425(b) of title 5, United States Code, is
amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with the
preceding sentence shall cease to be available after December
31, 2009.''.
Sec. 113. (a) Subchapter IV of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of
Investigation
``(a) Authority.--The Director of the Federal Bureau of
Investigation, after consultation with the Director of the
Office of Personnel Management, may pay, on a case-by-case
basis, a bonus under this section to an employee of the Bureau
if--
``(1)(A) the unusually high or unique
qualifications of the employee or a special need of the
Bureau for the employee's services makes it essential
to retain the employee; and
``(B) the Director of the Federal Bureau of
Investigation determines that, in the absence of such a
bonus, the employee would be likely to leave--
``(i) the Federal service; or
``(ii) for a different position in the
Federal service; or
``(2) the individual is transferred to a different
geographic area with a higher cost of living (as
determined by the Director of the Federal Bureau of
Investigation).
``(b) Service Agreement.--Payment of a bonus under this
section is contingent upon the employee entering into a written
service agreement with the Bureau to complete a period of
service with the Bureau. Such agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of the termination.
``(c) Limitation on Authority.--A bonus paid under this
section may not exceed 50 percent of the employee's basic pay.
``(d) Impact on Basic Pay.--A retention bonus is not part
of the basic pay of an employee for any purpose.
``(e) Termination of Authority.--The authority to grant
bonuses under this section shall cease to be available after
December 31, 2009.''.
(b) The analysis for chapter 57 of title 5, United States
Code, is amended by adding at the end the following:
``5759. Retention and relocation bonuses for the Federal Bureau of
Investigation.''.
Sec. 114. (a) Chapter 35 of title 5 of the United States
Code is amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of
a Federal Bureau of Investigation Reserve Service (hereinafter
in this section referred to as the `FBI Reserve Service') for
temporary reemployment of employees in the Bureau during
periods of emergency, as determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-
time employees of the Bureau.
``(c) Annuitants.--If an annuitant receiving an annuity
from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity
shall not be discontinued thereby. An annuitant so reemployed
shall not be considered an employee for the purposes of chapter
83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling
applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the
FBI Reserve Service transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this
title, for the purpose of participating in any training that
relates to service as a member of the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI
Reserve Service is not to exceed 500 members at any given
time.''.
(b) The analysis for chapter 35 of title 5, United States
Code, is amended by adding at the end the following:
``Subchapter VII--Retention of Retired Specialized Employees at the
Federal Bureau of Investigation
``3598. Federal Bureau of Investigation reserve service.''.
Sec. 115. Section 5377(a)(2) of title 5, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by striking the period at the end of
subparagraph (F) and inserting ``; and''; and
(3) by inserting after subparagraph (F) the
following:
``(G) a position at the Federal Bureau of
Investigation, the primary duties and
responsibilities of which relate to
intelligence functions (as determined by the
Director of the Federal Bureau of
Investigation).''.
Sec. 116. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the conduct of
undercover investigative operations and shall apply without
fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 117. Section 1344 of Title 31 of the United States
Code, is amended in subsection (b) paragraph (6) by inserting
after ``Federal Bureau of Investigation,'' the words ``Director
of the Bureau of Alcohol, Tobacco, Firearms and Explosives''.
This amendment shall take effect as if enacted on January 1,
2004.
Sec. 118. Within 45 days of enactment of this Act, the
Bureau of Prisons will submit a comprehensive financial plan
for the Federal Prison System to the Committees on
Appropriations.
Sec. 119. The Bureau of Prisons shall implement a pilot
program in the Southern District of Florida which would allow
the Federal Public Defender to transfer computers to the local
detention facility to review electronic discovery. These
computers will be used according to schedules and protocols
developed by the staff of the local facility in consultation
with the Federal Defender and the District Court's Criminal
Justice Act Selection Committee.
Sec. 120. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 121. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
Sec. 122. Section 3(e) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in paragraph (1), by striking ``through fiscal
year 2011''; and
(2) in paragraph (2), by striking subparagraphs (E)
through (J).
Sec. 123. The Prison Rape Elimination Act of 2003 is
amended--
(1) in section 7--
(A) in the heading by striking
``REDUCTION'' and inserting ``ELIMINATION'';
and
(B) in subsection (a) by striking
``Reduction'' and inserting ``Elimination'';
and
(2) in section 1(b), by striking ``Reduction'' in
the item relating to section 7 and inserting
``Elimination''.
Sec. 124. (a) The President shall award and present a 9/11
Heroes Medal of Valor of appropriate design, with ribbons and
appurtenances, to an appropriate representative of those
individuals who were members of public safety agencies and were
killed in the terrorist attacks in the United States on
September 11, 2001, as certified by the Attorney General, on
behalf of such individuals.
(b) The presentation of medals pursuant to subsection (a)
shall be made as close as feasible to the 4th anniversary of
the terrorist attacks described in that subsection.
(c)(1) To be eligible for the medal referred to in
subsection (a), an individual shall have been a public safety
officer (as defined in section 5 of the Public Safety Officer
Medal of Valor Act of 2001) who--
(A) was present in New York, Virginia, or
Pennsylvania on September 11, 2001;
(B) participated in the response that day to the
terrorist attacks on the World Trade Center, the
terrorist attack on the Pentagon, or the terrorist
attack that resulted in the crash of the fourth
airplane in Pennsylvania; and
(C) died as a result of such participation.
(2) An individual who was killed in one of the attacks
referred to in paragraph (1)(B) shall be deemed, for purposes
of the eligibility requirement of that paragraph, to have
participated in the response.
(3) The certification of eligible recipients of the medal
under subsection (a) shall be completed by the Attorney General
by July 1, 2005.
(d)(1)(A) The design of the medal under this section shall
be selected by the Attorney General after consultation with--
(i) the Commission of Fine Arts; and
(ii) the Institute of Heraldry within the
Department of Defense, regarding the design and
artistry of the 9/11 Heroes Medal of Valor.
(B) The Attorney General may also consider suggestions
received by the Department of Justice regarding the design of
the medal, including those made by persons not employed by the
Department of Justice.
(2) After such consultation and selection of design, the
Attorney General shall make necessary arrangements with the
Secretary of the Treasury for the Secretary to prepare and
strike, on a reimbursable basis, such number of medals as may
be required to carry out this section.
(3) The medals struck under this section are national
medals for purposes of chapter 51 of title 31, United States
Code.
(e) The Attorney General shall establish such procedures
and requirements as may be necessary to carry out this section.
(f) There are authorized to be appropriated to the Attorney
General such sums as may be necessary to carry out this
section.
Sec. 125. (a) The Attorney General shall transfer, without
reimbursement, to the Secretary of the Army a parcel of real
property, including any improvements thereon, consisting of
approximately 57.8 acres located on River Road in Prince George
County, Virginia. The real property is currently under the
administrative jurisdiction of the Bureau of Prisons. Upon
transfer of the real property under this subsection, the
Secretary of the Army shall assume administrative and
jurisdictional accountability over property and include the
property as part of Fort Lee, Virginia.
(b) The exact acreage and legal description of the real
property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the
Army.
Sec. 126. The Department of Justice shall establish an
Office of Justice for Victims of Overseas Terrorism.
This title may be cited as the ``Department of Justice
Appropriations Act, 2005''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $41,552,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That not less than
$2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further,
That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties:
Provided further, That there is established a position of Chief
Negotiator for Intellectual Property Enforcement.
National Intellectual Property Law Enforcement Coordination Council
For necessary expenses of the National Intellectual
Property Law Enforcement Coordination Council to coordinate
domestic and international intellectual property protection and
law enforcement relating to intellectual property among Federal
and foreign entities, $2,000,000, to remain available until
September 30, 2006: Provided, That there shall be at the head
of the National Intellectual Property Law Enforcement
Coordination Council a Coordinator for International
Intellectual Property Enforcement: Provided further, That the
Coordinator for International Intellectual Property Enforcement
shall be appointed by the President: Provided further, That no
person shall serve as the Coordinator for International
Intellectual Property Enforcement while serving in any other
position in the Federal Government: Provided further, That the
co-chairs of the National Intellectual Property Law Enforcement
Coordination Council, as designated by Public Law 106-58, shall
report to the Coordinator for International Intellectual
Property Enforcement on matters concerning the National
Intellectual Property Law Enforcement Coordination Council:
Provided further, That the National Intellectual Property Law
Enforcement Coordination Council shall--
(1) establish policies, objectives, and priorities
concerning international intellectual property
protection and intellectual property law enforcement;
(2) promulgate a strategy for protecting American
intellectual property overseas; and
(3) coordinate and oversee implementation by
agencies with responsibilities for intellectual
property protection and intellectual property law
enforcement of the policies, objectives, and priorities
established under paragraph (1) and the fulfillment of
the responsibilities assigned to such agencies in the
strategy described in paragraph (2):
Provided further, That the Coordinator for International
Intellectual Property Enforcement shall develop for each fiscal
year, with the advice of the members of the National
Intellectual Property Law Enforcement Coordination Council and
any other departments and agencies with responsibilities for
intellectual property protection and intellectual property law
enforcement, a budget proposal to implement the strategy
described in paragraph (2) and for the operations of the
National Intellectual Property Law Enforcement Coordination
Council, and shall transmit such budget proposal to the
President and to the Congress: Provided further, That the
Coordinator for International Intellectual Property Enforcement
may select, appoint, employ, and fix compensation of such
officers and employees as may be necessary to carry out the
functions of the National Intellectual Property Law Enforcement
Coordination Council: Provided further, That the Coordinator
for International Intellectual Property Enforcement may direct,
with the concurrence of the Secretary of a department or head
of an agency, the temporary reassignment within the Federal
Government of personnel employed by such department or agency.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$61,700,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 40118; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $401,513,000, to remain
available until expended, of which $8,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$48,509,000 shall be for Manufacturing and Services;
$40,087,000 shall be for Market Access and Compliance;
$64,544,000 shall be for the Import Administration of which not
less than $3,000,000 is for the Office of China Compliance;
$222,365,000 shall be for the United States and Foreign
Commercial Service of which $1,500,000 is for the Advocacy
Center, $2,500,000 is for the Trade Information Center, and
$2,100,000 is for a China and Middle East Business Center; and
$26,008,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of
the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities without regard to section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for
the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall
include payment for assessments for services provided as part
of these activities: Provided further, That negotiations shall
be conducted within the World Trade Organization to recognize
the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
of the amount provided, $1,000,000 is for a grant to the United
States Air and Trade Show Inc. to study the feasibility of the
establishment and operation of a biennial United States
international air trade show to promote international exports
from the United States and for initial expenses of implementing
the recommendations set forth in the study: Provided further,
That for purposes of section 31.205(d)(2) of the Federal
Acquisition Regulation, any international air and trade show
conducted by the grantee shall be considered to be a trade show
containing a significant effort to promote exports from the
United States.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official
use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $68,393,000,
to remain available until expended, of which $7,200,000 shall
be for inspections and other activities related to national
security: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $257,423,000, to remain
available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,483,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974, and
the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $29,899,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $80,000,000, to remain available until September 30,
2006, of which $2,000,000 is for a grant to the National
Academy of Public Administration to study impacts of off-
shoring on the economy and workforce of the United States.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $198,765,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial
census, $393,515,000, to remain available until September 30,
2006: Provided, That of the total amount available related to
the 2010 decennial census, $165,196,000 is for the Re-
engineered Design Process for the Short-Form Only Census,
$146,009,000 is for the American Community Survey, and
$82,310,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER)
system.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$162,601,000, to remain available until September 30, 2006, of
which $73,473,000 is for economic statistics programs and
$89,128,000 is for demographic statistics programs: Provided,
That regarding construction of a facility at the Suitland
Federal Center, quarterly reports regarding the expenditure of
funds and project planning, design and cost decisions shall be
provided by the Bureau, in cooperation with the General
Services Administration, to the Committees on Appropriations of
the Senate and the House of Representatives: Provided further,
That none of the funds provided in this or any other Act under
the heading ``Bureau of the Census, Periodic Censuses and
Programs'' shall be used to fund the construction and tenant
build-out costs of a facility at the Suitland Federal Center:
Provided further, That none of the funds provided in this or
any other Act for any fiscal year may be used for the
collection of Census data on race identification that does not
include ``some other race'' as a catagory.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $17,433,000, to remain available until September 30,
2006: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants authorized by section 392
of the Communications Act of 1934, $21,769,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be available
for program administration as authorized by section 391 of the
Act: Provided further, That, notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
INFORMATION INFRASTRUCTURE GRANTS
For the administration of prior year grants, recoveries and
unobligated balances of funds previously appropriated for
grants are available only for the administration of all open
grants until their expiration.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $1,336,000,000, to remain available until
expended, which shall be derived from offsetting collections
assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.
41 and 376, and shall be retained and used for necessary
expenses: Provided, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a
fiscal year 2005 appropriation from the general fund estimated
at $0: Provided further, That during fiscal year 2005, should
the total amount of offsetting fee collections be less than
$1,356,000,000, this amount shall be reduced accordingly:
Provided further, That not less than 526 full-time equivalents,
530 positions and $72,899,000 shall be for the examination of
trademark applications; and not less than 5,057 full-time
equivalents, 5,139 positions and $759,021,000 shall be for the
examination and searching of patent applications: Provided
further, That not more than 244 full-time equivalents, 251
positions and $31,906,000 shall be for the Office of the
General Counsel: Provided further, That of amounts made
available under this heading, $20,000,000 shall only be
available for initiatives to protect United States intellectual
property overseas: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal
year 2005 for official reception and representation expenses:
Provided further, That notwithstanding section 1353 of title
31, United States Code, no employee of the United States Patent
and Trademark Office may accept payment or reimbursement from a
non-Federal entity for travel, subsistence, or related expenses
for the purpose of enabling an employee to attend and
participate in a convention, conference, or meeting when the
entity offering payment or reimbursement is a person or
corporation subject to regulation by the Office, or represents
a person or corporation subject to regulation by the Office,
unless the person or corporation is an organization exempt from
taxation pursuant to section 501(c)(3) of the Internal Revenue
Code of 1986.
In addition, fees authorized by title VIII of this Act may
be collected and credited to this account as offsetting
collections: Provided, That not to exceed $218,754,000 derived
from such offsetting collections shall be available until
expended for authorized purposes: Provided further, That not
less than 58 full-time equivalents, 72 positions and $5,551,000
shall be for the examination of trademark applications; and not
less than 378 full-time equivalents, 709 positions and
$106,986,000 shall be for the examination and searching of
patent applications: Provided further, That not more than 20
full-time equivalents, 20 positions and $4,955,000 shall be for
the Office of the General Counsel: Provided further, That the
total amount appropriated from fees collected in fiscal year
2005, including such increased fees, shall not exceed
$1,574,754,000: Provided further, That in fiscal year 2005,
from the amounts made available for ``Salaries and Expenses''
for the United States Patent and Trademark Office (PTO), the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the PTO and employees
under section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of that
title) of basic pay, of employees subject to subchapter III of
chapter 83 of that title; and (2) the present value of the
otherwise unfunded accruing costs, as determined by the Office
of Personnel Management, of post-retirement life insurance and
post-retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be
available for the authorized purposes of those accounts.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology Office of Technology Policy, $6,547,000: Provided,
That section 8(a) of the Technology Administration Act of 1998
(15 U.S.C. 1511e(a)) is amended by deleting ``Technology
Administration of '' after ``within the'': Provided further,
That $200,000 is for the World Congress on Information
Technology.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $383,892,000, to remain available
until expended, of which not to exceed $2,900,000 may be
transferred to the ``Working Capital Fund''.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $109,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall not recompete
any existing Manufacturing Extension Partnership Center prior
to 2007: Provided further, That hereafter the Manufacturing
Extension Partnership Program authorized under 15 U.S.C. 278k
shall be renamed the Hollings Manufacturing Partnership Program
and the centers established and receiving funding under 15
U.S.C. 278k paragraph (a) shall be named the Hollings
Manufacturing Extension Centers.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $142,300,000, to remain available until expended.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $73,500,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels;
grants, contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities,
$2,804,065,000, to remain available until September 30, 2006,
except for funds provided for cooperative enforcement which
shall remain available until September 30, 2007: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $3,000,000 shall be derived by transfer from
the fund entitled ``Coastal Zone Management'' and in addition
$65,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the
$2,872,065,000 provided for in direct obligations under this
heading $2,804,065,000 is appropriated from the General Fund:
Provided further, That no general administrative charge shall
be applied against an assigned activity included in this Act or
the report accompanying this Act except for additional costs
above the fiscal year 2004 level of $2,600,000 for automating
and modernizing the NOAA grant processing systems up to a total
of $5,000,000: Provided further, That the total amount
available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs
shall not exceed $171,530,000: Provided further, That payments
of funds made available under this heading to the Department of
Commerce Working Capital Fund including Department of Commerce
General Counsel legal services shall not exceed $39,500,000:
Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying
this Act shall be subject to the procedures set forth in
section 605 of this Act: Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year:
Provided further, That if funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year, then no State shall receive more than 5 percent or
less than 1 percent of the additional funds: Provided further,
That none of the funds under this heading are available to
alter the existing structure, organization, function, and
funding of the National Marine Fisheries Service Southwest
Region and Fisheries Science Center and Northwest Region and
Fisheries Science Center: Provided further, That
notwithstanding any other provision of law, $600,000 shall be
available only for the National Oceanic and Atmospheric
Administration Office of Space Commercialization: Provided
further, That the personnel management demonstration project
established at the National Oceanic and Atmospheric
Administration pursuant to 5 U.S.C. 4703 may be expanded by
3,500 full-time positions to include up to 6,925 full-time
positions and may be extended indefinitely: Provided further,
That the Administrator of the National Oceanic and Atmospheric
Administration may engage in formal and informal education
activities, including primary and secondary education, related
to the agency's mission goals.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $1,053,436,000
to remain available until September 30, 2007, except funds
provided for construction of facilities which shall remain
available until September 30, 2009, and funds provided for the
Honolulu Laboratory and the Marine Environmental Health
Research Laboratory which shall remain available until
expended: Provided, That of the amounts provided for the
National Polar-orbiting Operational Environmental Satellite
System, funds shall only be made available on a dollar for
dollar matching basis with funds provided for the same purpose
by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the
Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational
Environmental Satellite System to officials of the Department
of Commerce pursuant to section 2311 of title 10, United States
Code: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying
this Act shall be subject to the procedures set forth in
section 605 of this Act: Provided further, That none of the
funds provided in this Act or any other Act under the heading
``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and
tenant build-out costs of a facility at the Suitland Federal
Center: Provided further, That beginning in fiscal year 2006
and for each fiscal year thereafter, the Secretary of Commerce
shall include in the budget justification materials that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President
under section 1105(a) of title 31, 10 United States Code) an
estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition and construction
program having a total multiyear program cost of more than
$5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such program for each of the five
subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000: Provided, That section
628(2)(A) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2001
(16 U.S.C. 3645) is amended--
(1) by striking ``2000, 2001, 2002, and 2003'' and
inserting ``2005'', and
(2) by inserting ``Idaho,'' after ``Oregon,''.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations, Research,
and Facilities'' account to offset the costs of implementing
such Act.
FISHERMEN'S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $499,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in the Federal Credit Reform Act of 1990: Provided further,
That these funds are only available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $5,000,000 for Individual Fishing Quota loans, and not
to exceed $59,000,000 for traditional direct loans, of which
$40,000,000 may be used for direct loans to the United States
distant water tuna fleet, and of which $19,000,000 may be used
for direct loans to the United States menhaden fishery:
Provided further, That none of the funds made available under
this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United
States fishery.
OTHER
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $48,109,000:
Provided, That not to exceed 12 full-time equivalents and
$1,621,000 shall be expended for the legislative affairs
function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of
Public Law 108-7, for programs promoting travel to the United
States including grants, contracts, cooperative agreements and
related costs, $10,000,000, to remain available until September
30, 2006.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $21,660,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
Sec. 204. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 205. Hereafter, none of the funds made available by
this or any other Act for the Department of Commerce shall be
available to reimburse the Unemployment Trust Fund or any other
fund or account of the Treasury to pay for any expenses
authorized by section 8501 of title 5, United States Code, for
services performed by individuals appointed to temporary
positions within the Bureau of the Census for purposes relating
to the decennial censuses of population.
Sec. 206. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', $10,000,000 shall be provided to the
Alaska Fisheries Marketing Board, $1,000,000 shall be available
for the ``Wild American Shrimp Initiative'', and $1,000,000
shall be available for the Gulf Oyster Industry Education
Program: Provided, That (1) the Alaska Fisheries Marketing
Board (hereinafter ``the Board'') shall be a nonprofit
organization and not an agency or establishment of the United
States, (2) the Secretary may appoint, assign, or otherwise
designate as Executive Director an employee of the Department
of Commerce, who may serve in an official capacity in such
position, with or without reimbursement, and such appointment
or assignment shall be without interruption or loss of civil
service status or privilege, and (3) the Board may adopt bylaws
consistent with the purposes of this section, and may undertake
other acts necessary to carry out the provisions of this
section.
Sec. 207. (a) Hereafter, the Secretary of Commerce is
authorized to operate a marine laboratory in South Carolina in
accordance with a memorandum of agreement, including any future
amendments, among the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the State of South Carolina, the Medical University
of South Carolina, and the College of Charleston as a
partnership for collaborative, interdisciplinary marine
scientific research.
(b) To carry out subsection (a), the agencies that are
partners in the Laboratory may accept, apply for, use, and
spend Federal, State, private and grant funds as necessary to
further the mission of the Laboratory without regard to the
source or of the period of availability of these funds and may
apply for and hold patents, as well as share personnel,
facilities, and property. Any funds collected or accepted by
any partner may be used to offset all or portions of its costs,
including overhead, without regard to 31 U.S.C. section
143302(b); to reimburse other participating agencies for all or
portions of their costs; and to fund research and facilities
expansion. Funds for management and operation of the Laboratory
may be used to sustain basic laboratory operations for all
participating entities. The Secretary of Commerce is authorized
to charge fees and enter into contracts, grants, cooperative
agreements and other arrangements with Federal, State, private
entities, and other entities, domestic and foreign, tofurther
the mission of the Laboratory. Any funds collected from such fees or
arrangements shall be used to support cooperative research, basic
operations, and facilities enhancement at the Laboratory.
Sec. 208. Funds made available for salaries and
administrative expenses to administer the Emergency Steel Loan
Guarantee Program in section 211(b) of Public Law 108-199 shall
remain available until expended.
Sec. 209. A fishing capacity reduction program for the
Southeast Alaska purse seine fishery is authorized to be
financed through a capacity reduction loan of $50,000,000
pursuant to sections 1111 and 1112 of title XI of the Merchant
Marine Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to
the conditions of this section. In accordance with the Federal
Credit Reform Act of 1990, 2 U.S.C. Sec. 661 et seq., $500,000
is made available from funds appropriated for ``Pacific Coastal
Salmon Recovery'' in this Act for the cost of the loan
authorized by this section. The loan shall have a term of 30
years, except that the amount to be repaid in any one year
shall not exceed 2 percent of the total value of salmon landed
in the fishery and such repayment shall begin with salmon
landed after January 1, 2006.
Sec. 210. Section 653(a) of Public Law 106-58 is amended by
adding ``(7) The Coordinator for International Intellectual
Property Enforcement.'' after ``Under Secretary of Commerce for
International Trade.''.
Sec. 211. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $20,000,000 is for a cooperative
agreement with the Medical University of South Carolina;
$10,000,000 is for the Cancer Research Center in Hawaii;
$4,000,000 is for the Thayer School of Engineering, of which
$1,000,000 is for a biomass energy research project, $2,000,000
is for a smart laser beam project, and $1,000,000 is for
research relating to biomaterials; $1,000,000 is for civic
education programs at the New Hampshire Institute of Politics;
$1,500,000 is for the Franklin Pierce Community Center;
$2,000,000 is for the Southern New Hampshire University School
of Community Economic Development; and $5,000,000 is for the
Boston Museum of Science.
Sec. 212. Section 3(f) of Public Law 104-91 is amended by
striking ``and 2005'' and inserting ``2005, 2006, and 2007''.
Sec. 213. Hereafter, notwithstanding any other Federal law
related to the conservation and management of marine mammals,
the State of Hawaii may enforce any State law or regulation
with respect to the operation in State waters of recreational
and commercial vessels, for the purpose of conservation and
management of humpback whales, to the extent that such law or
regulation is no less restrictive than Federal law.
Sec. 214. Establishment of the Ernest F. Hollings
Scholarship Program. (a) Establishment.--The Administrator of
the National Oceanic and Atmospheric Administration shall
establish and administer the Ernest F. Hollings Scholarship
Program. Under the program, the Administrator shall award
scholarships in oceanic and atmospheric science, research,
technology, and education to be known as Ernest F. Hollings
Scholarships.
(b) Purposes.--The purposes of the Ernest F. Hollings
Scholarships Program are--
(1) to increase undergraduate training in oceanic
and atmospheric science, research, technology, and
education and foster multidisciplinary training
opportunities;
(2) to increase public understanding and support
for stewardship of the ocean and atmosphere and improve
environmental literacy; and
(3) to recruit and prepare students for public
service careers with the National Oceanic and
Atmospheric Administration and other natural resource
and science agencies at the Federal, State and Local
levels of government; and
(4) to recruit and prepare students for careers as
teachers and educators in oceanic and atmospheric
science and to improve scientific and environmental
education in the United States.
(c) Award.--Each Ernest F. Hollings Scholarship--
(1) shall be used to support undergraduate studies
in oceanic and atmospheric science, research,
technology, and education that support the purposes of
the programs and missions of the National Oceanic and
Atmospheric Administration;
(2) shall recognize outstanding scholarship and
ability;
(3) shall promote participation by groups
underrepresented in oceanic and atmospheric science and
technology; and
(4) shall be awarded competitively in accordance
with guidelines issued by the Administrator and
published in the Federal Register.
(d) Eligibility.--In order to be eligible to participate in
the program, an individual must--
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher education
(as defined in section 101(a) of the Higher Education
Act of 1965) in an academic field or discipline
described in subsection (c);
(2) be a United States citizen;
(3) not have received a scholarship under this
section for more than 4 academic years, unless the
Administrator grants a waiver; and
(4) submit an application at such time, in such
manner, and containing such information, agreements, or
assurances as the Administrator may require.
(e) Distribution of Funds.--The amount of each Ernest F.
Hollings Scholarship shall be provided directly to a recipient
selected by the Administrator upon receipt of certification
that the recipient will adhere to a specific and detailed plan
of study and research approved by an institution of higher
education.
(f) Funding.--Of the total amount appropriated for fiscal
year 2005 and annually hereafter to the National Oceanic and
Atmospheric Administration, the Administrator shall make
available for the Ernest F. Hollings Scholarship program one-
tenth of one percent of such appropriations.
(g) Scholarship Repayment Requirement.--The Administrator
shall require an individual receiving a scholarship under this
section to repay the full amount of the scholarship to the
National Oceanic and Atmospheric Administration if the
Administrator determines that the individual, in obtaining or
using the scholarship, engaged in fraudulent conduct or failed
to comply with any term or condition of the scholarship. Such
repayments shall be deposited in the NOAA Operations, Research,
and Facilities Appropriations Account and treated as an
offsetting collection and only be available for financing
additional scholarships.
Sec. 215. Section 402(f) of Public Law 107-372 is amended--
(1) in paragraph (1), by striking ``All right'' and
inserting ``For the period ending April 3, 2008, all
right''; and
(2) in paragraph (3), by inserting ``for the period
ending April 3, 2008'' after ``and annually
thereafter''.
Sec. 216. Of the amounts made available under this heading
for the National Oceanic and Atmospheric Administration, the
Secretary of Commerce shall pay by March 1, 2005, $5,000,000 to
the National Marine Sanctuaries Foundation to capitalize a fund
for ocean activities.
Sec. 217. Any funding provided under this Title used to
implement the Department of Commerce's E-Government Initiatives
shall be subject to the procedures set forth in section 605 of
this Act.
Sec. 218. A fishing capacity reduction program for the
Federal Gulf of Mexico Reef Fish Fishery Management Plan
principally intended for commercial long line vessels is
authorized to be financed through a capacity reduction loan of
$35,000,000 pursuant to sections 1111 and 1112 of title XI of
the Merchant Marine Act of 1936 (46 U.S.C. App. 1279f and
1279g) subject to the conditions of this section. In accordance
with the Federal Credit Reform Act of 1990 (2 U.S.C. Sec. 661
et seq.), $350,000 is hereby appropriated for the subsidy cost
of the loan authorized under this section and shall remain
available until expended. The Secretary of Commerce, working in
close coordination with active fishery participants, is hereby
authorized to design and implement a comprehensive voluntary
capacity reduction program using the loan authorized under this
section. The Secretary shall set the loan term at 35 years and
repayment shall begin within one year of final implementation
of the program. In addition to the authority of the Gulf of
Mexico Regional Fishery Management Council to develop and
recommend conservation and management measures for the Gulf of
Mexico reef fish fishery, the Secretary of Commerce is
authorized to develop and implement a limited access program
pursuant to the standards set forth in Section 303(b)(6) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853(b)(6)).
Sec. 219. (a) Definitions.--In this section:
(1) AFA trawl catcher processor subsector.--The
term ``AFA trawl catcher processor subsector'' means
the owners of each catcher/processor listed in
paragraphs (1) through (20) of section 208(e) of the
American Fisheries Act (16 U.S.C. 1851 note).
(2) BSAI.--The term ``BSAI'' has the meaning given
the term ``Bering Sea and Aleutian Islands Management
Area'' in section 679.2 of title 50, Code of Federal
Regulations (or successor regulation).
(3) Catcher processor subsector.--The term
``catcher processor subsector'' means, as appropriate,
one of the following:
(A) The longline catcher processor
subsector.
(B) The AFA trawl catcher processor
subsector.
(C) The non-AFA trawl catcher processor
subsector.
(D) The pot catcher processor subsector.
(4) Council.--The term ``Council'' means the North
Pacific Fishery Management Council established in
section 302(a)(1)(G) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1852(a)(1)(G)).
(5) LLP license.--The term ``LLP license'' means a
Federal License Limitation program groundfish license
issued pursuant to section 679.4(k) of title 50, Code
of Federal Regulations (or successor regulation).
(6) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' means the
holders of an LLP license that is noninterim and
transferable, or that is interim and subsequently
becomes noninterim and transferable, and that is
endorsed for Bering Sea or Aleutian Islands catcher
processor fishing activity, C/P, Pcod, and hook and
line gear.
(7) Non-afa trawl catcher processor subsector.--The
term ``non-AFA trawl catcher processor subsector''
means the owner of each trawl catcher processor--
(A) that is not an AFA trawl catcher
processor;
(B) to whom a valid LLP license that is
endorsed for Bering Sea or Aleutian Islands
trawl catcher processor fishing activity has
been issued; and
(C) that the Secretary determines has
harvested with trawl gear and processed not
less than a total of 150 metric tons of non-
pollock groundfish during the period January 1,
1997 through December 31, 2002.
(8) Non-pollock groundfish fishery.--The term
``non-pollock groundfish fishery'' means target species
of Atka mackerel, flathead sole, Pacific cod, Pacific
Ocean perch, rock sole, turbot, or yellowfin sole
harvested in the BSAI.
(9) Pot catcher processor subsector.--The term
``pot catcher processor subsector'' means the holders
of an LLP license that is noninterim and transferable,
or that is interim and subsequently becomes noninterim
and transferable, and that is endorsed for Bering Sea
or Aleutian Islands catcher processor fishing activity,
C/P, Pcod, and pot gear.
(10) Secretary.--Except as otherwise provided in
this Act, the term ``Secretary'' means the Secretary of
Commerce.
(b) Authority for BSAI Catcher Processor Capacity Reduction
Program.--
(1) In general.--A fishing capacity reduction
program for the non-pollock groundfish fishery in the
BSAI is authorized to be financed through a capacity
reduction loan of not more than $75,000,000 under
sections 1111 and 1112 of the Merchant Marine Act, 1936
(46 U.S.C. App. 1279f and 1279g).
(2) Relationship to merchant marine act, 1936.--The
fishing capacity reduction program authorized by
paragraph (1) shall be a program for the purposes of
subsection (e) of section 1111 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f), except,
notwithstanding subsection (b)(4) of such section, the
capacity reduction loan authorized by paragraph (1) may
have a maturity not to exceed 30 years.
(c) Availability of Capacity Reduction Funds to Catcher
Processor Subsectors.--
(1) In general.--The Secretary shall make available
the amounts of the capacity reduction loan authorized
by subsection (b)(1) to each catcher processor
subsector as described in this subsection.
(2) Initial availability of funds.--The Secretary
shall make available the amounts of the capacity
reduction loan authorized by subsection (b)(1) as
follows:
(A) Not more than $36,000,000 for the
longline catcher processor subsector.
(B) Not more than $6,000,000 for the AFA
trawl catcher processor subsector.
(C) Not more than $31,000,000 for the non-
AFA trawl catcher processor subsector.
(D) Not more than $2,000,000 for the pot
catcher processor subsector.
(3) Other availability of funds.--After January 1,
2009, the Secretary may make available for fishing
capacity reduction to one or more of the catcher
processor subsectors any amounts of the capacity
reduction loan authorized by subsection (b)(1) that
have not been expended by that date.
(d) Binding Reduction Contracts.--
(1) Requirement for contracts.--The Secretary may
not provide funds to a person under the fishing
capacity reduction program authorized by subsection (b)
if such person does not enter into a binding reduction
contract between the United States and such person, the
performance of which may only be subject to the
approval of an appropriate capacity reduction plan
under subsection (e).
(2) Requirement to revoke licenses.--The Secretary
shall revoke all Federal fishery licenses, fishery
permits, and area and species endorsements issued for a
vessel, or any vessel named on an LLP license purchased
through the fishing capacity reduction program
authorized by subsection (b).
(e) Development, Approval, and Notification of Capacity
Reduction Plans.--
(1) Development.--Each catcher processor subsector
may, after notice to the Council, submit to the
Secretary a capacity reduction plan for the appropriate
subsector to promote sustainable fisheries management
through the removal of excess harvesting capacity from
the non-pollock groundfish fishery.
(2) Approval by the secretary.--The Secretary is
authorized to approve a capacity reduction plan
submitted under paragraph (1) if such plan--
(A) is consistent with the requirements of
section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1861a(b)) except--
(i) the requirement that a Council
or Governor of a State request such a
program set out in paragraph (1) of
such subsection; and
(ii) the requirements of paragraph
(4) of such subsection;
(B) contains provisions for a fee system
that provides for full and timely repayment of
the capacity reduction loan by a catcher
processor subsector and that may provide for
the assessment of such fees based on methods
other than ex-vessel value of fish harvested;
(C) does not require a bidding or auction
process;
(D) will result in the maximum sustained
reduction in fishing capacity at the least cost
and in the minimum amount of time; and
(E) permits vessels in the catcher
processor subsector to be upgraded to achieve
efficiencies in fishing operations provided
that such upgrades do not result in the vessel
exceeding the applicable length, tonnage, or
horsepower limitations set out in Federal law
or regulation.
(3) Approval by referendum.--
(A) In general.--Following approval by the
Secretary under paragraph (2), the Secretary
shall conduct a referendum for approval of a
capacity reduction plan for the appropriate
catcher processor subsector. The capacity
reduction plan and fee system shall be approved
if the referendum votes which are cast in favor
of the proposed system by the appropriate
catcher processor subsector are--
(i) 100 percent of the members of
the AFA trawl catcher processor
subsector; or
(ii) not less than \2/3\ of the
members of--
(I) the longline catcher
processor subsector;
(II) the non-AFA trawl
catcher processor subsector; or
(III) the pot catcher
processor subsector.
(B) Notification prior to referendum.--
Prior to conducting a referendum under
subparagraph (A) for a capacity reduction plan,
the Secretary shall--
(i) identify, to the extent
practicable, and notify the catcher
processor subsector that will be
affected by such plan; and
(ii) make available to such
subsector information about any
industry fee systemcontained in such
plan, a description of the schedule, procedures, and eligibility
requirements for the referendum, the proposed program, the estimated
capacity reduction, the amount and duration, and any other terms and
conditions of the fee system proposed in such plan.
(4) Implementation.--
(A) Notice of implementation.--Not later
than 90 days after a capacity reduction plan is
approved by a referendum under paragraph (3),
the Secretary shall publish a notice in the
Federal Register that includes the exact terms
and conditions under which the Secretary shall
implement the fishing capacity reduction
program authorized by subsection (b).
(B) Inapplicability of implementation
provision of magnuson.--Section 312(e) of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(e)) shall not
apply to a capacity reduction plan approved
under this subsection.
(5) Authority to collect fees.--The Secretary is
authorized to collect fees to fund a fishing capacity
reduction program and to repay debt obligations
incurred pursuant to a plan approved under paragraph
(3)(A).
(f) Action by Other Entities.--Upon the request of the
Secretary, the Secretary of the Department in which the
National Vessel Documentation Center operates or the Secretary
of the Department in which the Maritime Administration
operates, as appropriate, shall, with respect to any vessel or
any vessel named on an LLP license purchased through the
fishing capacity reduction program authorized by subsection
(b)--
(1)(A) permanently revoke any fishery endorsement
issued to the vessel under section 12108 of title 46,
United States Code;
(B) refuse to grant the approval required under
section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C.
App. 808(c)(2)) for the placement of the vessel under
foreign registry or the operation of the vessel under
the authority of a foreign country; and
(C) require that the vessel operate under United
States flag and remain under Federal documentation; or
(2) require that the vessel be scrapped as a
reduction vessel under section 600.1011(c) of title 50,
Code of Federal Regulations.
(g) Non-Pollock Groundfish Fishery.--
(1) Participation in the fishery.--Only a member of
a catcher processor subsector may participate in--
(A) the catcher processor sector of the
BSAI non-pollock groundfish fishery; or
(B) the fishing capacity reduction program
authorized by subsection (b).
(2) Plans for the fishery.--It is the sense of
Congress that--
(A) the Council should continue on its path
toward rationalization of the BSAI non-pollock
groundfish fisheries, complete its ongoing work
with respect to developing management plans for
the BSAI non-pollock groundfish fisheries in a
timely manner, and take actions that promote
stability of these fisheries consistent with
the goals of this section and the purposes and
policies of the Magnuson-Stevens Fishery
Conservation and Management Act; and
(B) such plans should not penalize members
of any catcher processor subsector for
achieving capacity reduction under this Act or
any other provision of law.
(h) Reports.--
(1) Requirement.--The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House
of Representatives 5 reports on the fishing capacity
reduction program authorized by subsection (b).
(2) Content.--Each report shall contain the
following:
(A) A description of the fishing capacity
reduction program carried out under the
authority in subsection (b).
(B) An evaluation of the cost and cost-
effectiveness of such program.
(C) An evaluation of the effectiveness of
such program in achieving the objective set out
in section 312(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1861a(b)).
(3) Schedule.--
(A) Initial report.--The Secretary shall
submit the first report under paragraph (1) not
later than 90 days after the date that the
first referendum referred to in subsection
(e)(3) is held.
(B) Subsequent reports.--During each of the
4 years after the year in which the report is
submitted under subparagraph (A), the Secretary
shall submit to Congress an annual report as
described in this subsection.
(i) Conforming Amendment.--Section 214 of the Department of
Commerce and Related Agencies Appropriations Act, 2004 (title
II of division B of Public Law 108-199; 118 Stat. 75) is
amended by striking ``that--'' and all that follows, and
inserting ``under the capacity reduction program authorized in
section 219 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
2005.''.
Sec. 220. None of the funds appropriated in this Act or any
other Act may be used to disqualify any community which was a
participant in the Bering Sea Community Development Quota
program on January 1, 2004, from continuing to receive quota
allocations under that program.
Sec. 221. In addition to amounts made available under
section 214 of the Department of Commerce and Related Agencies
Appropriations Act, 2004 (title II of division B of Public Law
108-199; 118 Stat. 75), of the funding provided in this Act
under the heading ``National Oceanic and Atmospheric
Administration'', ``operations, research, and facilities'',
$250,000, to remain available until expended, for the Federal
Credit Reform Act cost of a reduction loan under sections 1111
and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f
and 1279g), not to exceed an additional $25,000,000 in
principal, for the capacity reduction program authorized in
section 219.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2005''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $58,122,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $9,979,000, which shall remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $21,780,000.
United States Court of International Trade
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$14,888,000.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,177,244,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects; of which not
to exceed $2,800,000 shall be available for a national
probation and pretrial services training program; of which
$1,300,000 of the funds provided for the Judiciary Information
Technology Fund will be for the Edwin L. Nelson Local
Initiatives Program, within which $1,000,000 will be reserved
for local court grants.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$3,298,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services
under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e));
the compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent
offenders in connection with transfers from the United States
to foreign countries with which the United States has a treaty
for the execution of penal sentences; the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d); and for necessary training and general administrative
expenses, $676,385,000, to remain available until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$61,535,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and other facilities housing Federal court
operations, and the procurement, installation, and maintenance
of security equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages,
directed security patrols, perimeter security, basic security
services provided by the Department of Homeland Security, and
other similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100-
702), $332,000,000, of which not to exceed $10,000,000 shall
remain available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $68,200,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $21,737,000; of which
$1,800,000 shall remain available through September 30, 2006,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$2,000,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,700,000.
United States Sentencing Commission
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$13,304,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals,
District Courts, and Other Judicial Services shall be available
for official reception and representation expenses of the
Judicial Conference of the United States: Provided, That such
available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. (a) Section 3006A(d)(2) of title 18, United
States Code, is amended--
(1) by striking ``5,200'' and inserting ``7,000'';
(2) by striking ``1,500'' and inserting ``2,000'';
(3) by striking ``3,700'' and inserting ``5,000'';
(4) by striking ``1,200'' each place it appears and
inserting ``1,500''; and
(5) by striking ``3,900'' and inserting ``5,000''.
(b) Section 3006A(e) of title 18, United States Code is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking
``300'' and inserting ``500''; and
(B) in subparagraph (B), by striking
``300'' and inserting ``500''; and
(2) in paragraph (3) in the first sentence by
striking ``1,000'' and inserting ``1,600''.
Sec. 305. Within 90 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan for
the Judiciary allocating all sources of available funds
including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the
Judiciary Information Technology fund.
Sec. 306. Pursuant to section 140 of Public Law 97-92, and
from funds appropriated in this Act, Justices and judges of the
United States are authorized during fiscal year 2005, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 307. (a) Section 1914(a) of title 28, United States
Code, is amended by striking out ``$150'' and inserting in lieu
thereof ``$250''.
(b) Section 1931(a) of title 28, United States Code, is
amended--
(1) in subsection (a) by striking out ``$90'' and
inserting in lieu thereof ``$190''; and
(2) in subsection (b)--
(A) by striking out ``$150'' and inserting
in lieu thereof ``$250''; and
(B) by striking out ``$90'' and inserting
in lieu thereof ``$190''.
(c) This section shall take effect 60 days after the date
of the enactment of this Act.
Sec. 308. For fiscal year 2005 and hereafter, such fees as
shall be collected for the processing of violations through the
Central Violations Bureau cases as prescribed by the Judicial
Conference of the United States shall be deposited to the
``Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses'' appropriation to be used for
salaries and other expenses.
This title may be cited as the ``Judiciary Appropriations
Act, 2005''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $3,570,000,000:
Provided, That not to exceed 71 permanent positions shall be
for the Bureau of Legislative Affairs: Provided further, That
none of the funds made available under this heading may be used
to transfer any full-time equivalent employees into or out of
the Bureau of Legislative Affairs: Provided further, That, of
the amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, of
the amount made available under this heading, $319,994,000
shall be available only for public diplomacy international
information programs: Provided further, That of the amount made
available under this heading, $3,000,000 shall be available
only for the operations of the Office on Right-Sizing the
United States Government Overseas Presence: Provided further,
That funds available under this heading may be available for a
United States Government interagency task force to examine,
coordinate and oversee United States participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the
House of Representatives and the Senate are notified of such
proposed action: Provided further, That of the amount made
available under this heading, $185,128,000 is for Near Eastern
Affairs, $80,234,000 is for South Asian Affairs, and
$251,706,000 is for African Affairs: Provided further, That, of
the amount made available under this heading, $2,000,000 shall
be available for a grant to conduct an international conference
on the human rights situation in North Korea: Provided further,
That of the amount made available under this heading, $200,000
is for a grant to the Center for the Study of the Presidency
and $1,900,000 is for a grant to Shared Hope International to
combat international sex tourism: Provided further, That the
Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International
Intellectual Property Enforcement within 60 days of enactment
of this Act.
In addition, not to exceed $1,426,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$658,702,000, to remain available until expended: Provided,
That of the amounts made available under this paragraph,
$5,000,000 is for the Center for Antiterrorism and Security
Training.
Beginning in fiscal year 2005 and thereafter, the Secretary
of State is authorized to charge surcharges related to consular
services in support of enhanced border security that are in
addition to the passport and immigrant visa fees in effect on
January 1, 2004: Provided, That funds collected pursuant to
this authority shall be credited to this account, and shall be
available until expended for the purposes of such account:
Provided further, That such surcharges shall be $12 on passport
fees, and $45 on immigrant visa fees.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$52,149,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
For expenses relating to the modernization of the
information technology systems and networks of the Department
of State, $77,851,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$30,435,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $360,750,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,640,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,894,000, to remain available until
September 30, 2006.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $611,680,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies:
Provided further, That the United States Embassy Annex building
in Rome, Italy, previously known as the ``INA Building'', shall
hereafter be known and designated as the ``Mel Sembler
Building''.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $912,320,000, to
remain available until expended: Provided, That funds
appropriated to this account in Public Law 108-287 may also be
used for non-interim facilities for the United States Mission
in Iraq, including associated planning, site preparation and
pre-construction activities.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $1,000,000, to remain available until
expended as authorized, of which such sums as necessary may be
transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions: Provided,
That funds previously appropriated under this heading for
rewards for an indictee of the Special Court for Sierra Leone
shall be transferred to the Special Court for Sierra Leone
within 15 days of enactment of this Act: Provided further, That
any transfer of funds provided under this heading shall be
treated as a reprogramming of funds under section 605 of this
Act.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $607,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $19,482,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $132,600,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,182,000,000, of which up to $6,000,000, to
remain available until expended, may be used for the cost of a
direct loan to the United Nations for the cost of renovating
its headquarters in New York: Provided, That such costs,
including the cost of modifying such loan, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal of up to $1,200,000,000: Provided further,
That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations of the Senate and of the House of
Representatives the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in
an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United
Nations to exceed the adopted budget for the biennium 2004-2005
of $3,160,860,000: Provided further, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings, except that such restriction
shall not apply to loans to the United Nations for renovation
of its headquarters.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$490,000,000: Provided, That none of the funds made available
under this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least
15 days in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency as far
in advance as is practicable): (1) the Committees on
Appropriations of the House of Representatives and the Senate
and other appropriate committees of the Congress are notified
of the estimated cost and length of the mission, the vital
national interest that will be served, and the planned exit
strategy; and (2) a reprogramming of funds pursuant to section
605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping
expenses only upon a certification by the Secretary of State to
the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the
funds made available under this heading are available to pay
the United States share of the cost of court monitoring that is
part of any United Nations peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$27,244,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $5,310,000, to remain available until
expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $9,594,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$21,982,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $13,000,000, to remain
available until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
For a grant to the Center for Middle Eastern-Western
Dialogue Trust Fund, $6,750,000, for operation of the Center
for Middle Eastern-Western Dialogue in Istanbul, Turkey, to
remain available until expended.
In addition, for the operations of the Steering Committee
of the Center for Middle Eastern-Western Dialogue, $250,000, to
remain available until expended.
In addition, for necessary expenses of the Center for
Middle Eastern-Western Dialogue Trust Fund, the total amount of
the interest and earnings accruing to such Fund before October
1, 2005, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2005, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2005, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,500,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $60,000,000 to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, installation,
rent, and improvement of facilities for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $591,000,000, of which $27,629,000 is for Broadcasting to
Cuba: Provided, That of the total amount in this heading, not
to exceed $16,000 may be used for official receptions within
the United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$8,560,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 404. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 406 of
division B of Public Law 108-7 to coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons, shall
coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided in this or any other Act
shall be expended to perform functions that duplicate
coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 406 of
division B of Public Law 108-7.
Sec. 405. (a) Subsection (b) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended--
(1) in paragraph (5) by striking ``or'' at the end;
(2) in paragraph (6) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(7) the disruption of financial mechanisms of a
foreign terrorist organization, including the use by
the organization of illicit narcotics production or
international narcotics trafficking--
``(A) to finance acts of international
terrorism; or
``(B) to sustain or support any terrorist
organization.''.
(b) Subsection (e)(1) of such section is amended--
(1) by striking ``$5,000,000'' and inserting
``$25,000,000'';
(2) by striking the second period at the end; and
(3) by adding at the end the following new
sentence: ``Without first making such determination,
the Secretary may authorize a reward of up to twice the
amount specified in this paragraph for the capture or
information leading to the capture of a leader of a
foreign terrorist organization.''.
(c) Subsection (e) of such section is amended by adding at
the end the following new paragraph:
``(6) Forms of reward payment.--The Secretary may
make a reward under this section in the form of money,
a nonmonetary item (including such items as automotive
vehicles), or a combination thereof.''.
(d) Such section is amended--
(1) by redesignating subsections (i) and (j) as
subsections (j) and (k), respectively; and
(2) by inserting after subsection (h) the following
new subsection:
``(i) Media Surveys and Advertisements.--
``(1) Surveys conducted.--For the purpose of more
effectively disseminating information about the rewards
program, the Secretary may use the resources of the
rewards program to conduct media surveys, including
analyses of media markets, means of communication, and
levels of literacy, in countries determined by the
Secretary to be associated with acts of international
terrorism.
``(2) Creation and purchase of advertisements.--The
Secretary may use the resources of the rewards program
to create advertisements to disseminate information
about the rewards program. The Secretary may base the
content of such advertisements on the findings of the
surveys conducted under paragraph (1). The Secretary
may purchase radio or television time, newspaper space,
or make use of any other means of advertisement, as
appropriate.''.
(e) Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations of the House of Representatives
and of the Senate, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate a plan to maximize awareness of the
reward available under section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708 et seq.) for the
capture or information leading to the capture of a leader of a
foreign terrorist organization who may be in Pakistan or
Afghanistan. The Secretary may use the resources of the rewards
program to prepare the plan.
Sec. 406. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 407. The Secretary of State shall provide to a member
of the Committee on Appropriations of the Senate or the
Committee on Appropriations of the House of Representatives a
copy of each cable sent to or by a Department of State employee
that pertains to any topic specified by the requesting member,
regardless of the level of classification of the cable, not
later than 15 days after the date on which the member makes a
written or verbal request for such copies.
Sec. 408. There is established within the Department of
State the Office of the Coordinator for Reconstruction and
Stabilization: Provided, That the head of the Office shall be
the Coordinator for Reconstruction and Stabilization, who shall
report directly to the Secretary of State: Provided further,
That the functions of the Office of the Coordinator for
Reconstruction and Stabilization shall include--
(1) cataloguing and monitoring the non-military
resources and capabilities of Executive agencies (as
that term is defined in section 105 of title 5, United
States Code), State and local governments, and entities
in the private and non-profit sectors that are
available to address crises in countries or regions
that are in, or are in transition from, conflict or
civil strife;
(2) monitoring political and economic instability
worldwide to anticipate the need for mobilizing United
States and international assistance for countries or
regions described in paragraph (1);
(3) assessing crises in countries or regions
described in paragraph (1) and determining the
appropriate non-military United States, including but
not limited to demobilization, policing, human rights
monitoring, and public information efforts;
(4) planning for response efforts under paragraph
(3);
(5) coordinating with relevant Executive agencies
the development of interagency contingency plans for
such response efforts; and
(6) coordinating the training of civilian personnel
to perform stabilization and reconstruction activities
in response to crises in such countries or regions
described in paragraph (1).
Sec. 409. (a) The Secretary of State shall require each
chief of mission to review, not less than once every 5 years,
every staff element under chief of mission authority, including
staff from other departments or agencies of the United States,
and recommend approval or disapproval of each staff element.
Each such review shall be conducted pursuant to a process
established by the President for determining appropriate
staffing at diplomatic missions and overseas constituent posts
(commonly referred to as the ``NSDD-38 process'').
(b) The Secretary of State, as part of the process
established by the President referred to in subsection (a),
shall take actions to carry out the recommendations made in
each such review.
(c) Not later than one year after the date of enactment of
this Act, and annually thereafter, the Secretary of State shall
submit a report on such reviews that occurred during the
previous 12 months, together with the Secretary's
recommendations regarding such reviews to the appropriate
committees of Congress, the heads of all affected departments
or agencies, and the Inspector General of the Department of
State.
Sec. 410. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 411. During fiscal year 2005, section 404(b)(2)(B) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236; 22 U.S.C. 287e note), shall be
administered as though the matter following clause (iii) reads
as follows:
``(v) For assessments made during
calendar year 2005, 27.1 percent.''.
Sec. 412. (a) Section 402(a) of the Foreign Service Act of
1980 (22 U.S.C. 3962(a)) is amended--
(1) in paragraph (1), by striking the second and
third sentences and inserting the following new
sentences: ``The President shall also prescribe ranges
of basic salary rates for each class. Except as
provided in paragraph (3), basic salary rates for the
Senior Foreign Service may not exceed the maximum rate
or be less than the minimum rate of basic pay payable
for the Senior Executive Service under section 5382 of
title 5, United States Code.''; and
(2) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) The Secretary shall determine which basic salary rate
within the ranges prescribed by the President under paragraph
(1) shall be paid to each member of the Senior Foreign Service
based on individual performance, contribution to the mission of
the Department, or both, as determined under a rigorous
performance management system. Except as provided in
regulations prescribed by the Secretary and, to the extent
possible, consistent with regulations governing the Senior
Executive Service, the Secretary may adjust the basic salary
rate of a member of the Senior Foreign Service not more than
once during any 12-month period.
``(3) Upon a determination by the Secretary that the Senior
Foreign Service performance appraisal system, as designed and
applied, makes meaningful distinctions based on relative
performance--
``(A) the maximum rate of basic pay payable for the
Senior Foreign Service shall be level II of the
Executive Schedule; and
``(B) the applicable aggregate pay cap shall be
equivalent to the aggregate pay cap set forth in
section 5307(d)(1) of title 5, United States Code, for
members of the Senior Executive Service.''.
(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is
amended by inserting before the period the following: ``, or
the limitation under section 402(a)(3), whichever is higher''.
(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is
amended by striking ``shall not exceed the annual rate of pay
payable for level I of such Executive Schedule'' and inserting
``shall be subject to the limitation on certain payments under
section 5307 of title 5, United States Code, or the limitation
under section 402(a)(3), whichever is higher''.
Sec. 413. (a) Section 2 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding
at the end the following:
``(o) make administrative corrections or adjustments to an
employee's pay, allowances, or differentials, resulting from
mistakes or retroactive personnel actions, as well as provide
back pay and other categories of payments under section 5596 of
title 5, United States Code, as part of the settlement or
compromise of administrative claims or grievances filed against
the Department.''.
(b) Such section is further amended--
(1) in subsection (k), by striking ``and'';
(2) by transferring subsection (m) within such
section to appear after subsection (l);
(3) in subsections (l) and (m), by striking the
period at the end of each subsection and inserting a
semicolon; and
(4) in subsection (n), by striking the period at
the end and inserting a semicolon and ``and''.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2005''.
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
salaries and expenses
For necessary expenses of the Antitrust Modernization
Commission, as authorized by Public Law 107-273, $1,187,000, to
remain available until expended.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until expended:
Provided, That in fiscal year 2005, the Commission may procure
temporary services for the purpose of conducting a study on
conditions of the right to freedom of religion or belief in
North Korea, notwithstanding Section 208(c)(1) of Public Law
105-292 (22 U.S.C. 6435a(c)(1)).
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,831,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,900,000, including not more than $3,000 for the purpose of
official representation, to remain available until expended:
Provided, That $100,000 shall be for the Political Prisoner
Database.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed
$33,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$331,228,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming provisions of section 605 of this Act: Provided
further, That the Commission shall not have fewer field
position in fiscal year 2005 than in fiscal year 2004.
Federal Communications Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C.
3109, $281,098,000: Provided, That $280,098,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2005 so
as to result in a final fiscal year 2005 appropriation
estimated at $1,000,000: Provided further, That any offsetting
collections received in excess of $280,098,000 in fiscal year
2005 shall remain available until expended, but shall not be
available for obligation until October 1, 2005: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds
from the use of a competitive bidding system that may be
retained and made available for obligation shall not exceed
$85,000,000 for fiscal year 2005.
Federal Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $205,430,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$101,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation: Provided
further, That $21,901,000 in offsetting collections derived
from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telephone Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2005, so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than
$82,529,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to
enforce subsection (e) of section 43 of the Federal Deposit
Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the
Federal Deposit Insurance Corporation Improvement Act of 1991
(12 U.S.C. 1831t note).
HELP Commission
SALARIES AND EXPENSES
For necessary expenses of the HELP Commission, $1,000,000,
to remain available until expended.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$335,282,000, of which $316,604,000 is for basic field programs
and required independent audits; $2,573,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$13,000,000 is for management and administration; $1,272,000 is
for client self-help and information technology; and $1,833,000
is for grants to offset losses due to census adjustments:
Provided, That not to exceed $1,000,000 from amounts previously
appropriated under this heading may be used for a student loan
repayment pilot program.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2004 and 2005, respectively, and
except that section 501(a)(1) of Public Law 104-134 (110 Stat.
1321-51, et seq.) shall not apply to the use of the $1,833,000
to address loss of funding due to Census-based reallocations.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $1,890,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, $2,000,000, to remain available until
expended.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$913,000,000, to remain available until expended; of which not
to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by
the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate
representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the
development of foreign securities markets, such expenses to
include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such
incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b) of
the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and
13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not
to exceed $856,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $57,000,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under this
heading from the general fund for fiscal year 2005 shall be
reduced as such offsetting fees are received so as to result in
a final total fiscal year 2005 appropriation from the general
fund estimated at not more than $0.
Not later than May 1, 2005, the Securities and Exchange
Commission shall submit a report to the Committee on
Appropriations of the Senate that provides a justification for
final rules issued by the Commission on June 30, 2004 (amending
title 17, Code of Federal Regulations, Parts 239, 240, and
274), requiring that the chair of the board of directors of a
mutual fund be an independent director: Provided, That such
report shall analyze whether mutual funds chaired by
disinterested directors perform better, have lower expenses, or
have better compliance records than mutual funds chaired by
interested directors: Provided further, That the Securities and
Exchange Commission shall act upon the recommendations of such
report not later than January 1, 2006.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 106-
554, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $322,335,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriations: Provided further, That
$89,000,000 shall be available to fund grants for performance
in fiscal year 2005 or fiscal year 2006 as authorized: Provided
further, That the Small Business Administration is authorized
to award grants under the Women's Business Center
Sustainability Pilot Program established by section 4(a) of
Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That,
of the amounts provided for Women's Business Centers, not less
than 48 percent shall be available to continue Women's Business
Centers in sustainability status.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,014,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act, as amended, $2,900,000, to remain available until
expended.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,455,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2005 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, shall not exceed $5,000,000,000:
Provided further, That subsection 503(f) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(f)), as amended by
section 2 of Public Law 108-217, is further amended by striking
``October 1, 2004'' and inserting ``October 1, 2005'': Provided
further, That during fiscal year 2005 commitments for general
business loans authorized under section 7(a) of the Small
Business Act, shall not exceed $16,000,000,000: Provided
further, That during fiscal year 2005 commitments to guarantee
loans for debentures and participating securities under section
303(b) of the Small Business Investment Act of 1958, shall not
exceed the levels established by section 20(i)(1)(C) of the
Small Business Act: Provided further, That during fiscal year
2005 guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $10,000,000,000.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $126,653,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan
program authorized by section 7(b), of the Small Business Act,
$113,159,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is
for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged
with appropriations for the Office of Inspector General; of
which $104,409,000 is for direct administrative expenses of
loan making and servicing to carry out the direct loan program,
to remain available until expended; and of which $8,250,000 is
for indirect administrative expenses: Provided, That any amount
in excess of $8,250,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572), $2,613,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $3,000,000, including not more
than $5,000 for the purpose of official representation, to
remain available until expended.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $23,000,000: Provided, That $1,500,000 is for necessary
expenses for the Task Force on the United Nations: Provided
further, That the Task Force on the United Nations shall submit
a report on its findings to the Committees on Appropriations of
the House of Representatives and Senate not later than 180 days
after the date of the enactment of this Act.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under Section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-199; 118 Stat. 448), $100,000, to remain
available until expended.
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices; (6) reorganizes
programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
Sec. 606. Hereafter, none of the funds made available in
this Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization of
vessels for the National Oceanic and Atmospheric Administration
in shipyards located outside of the United States.
Sec. 607. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 608. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United
States Armed Forces under the command or operational control of
a foreign national; and (3) the President's military advisors
have not submitted to the President a recommendation that such
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
Sec. 610. The Departments of Commerce, Justice, and State,
the Judiciary, the Federal Communications Commission, the
Securities and Exchange Commission and the Small Business
Administration shall provide to the Committees on
Appropriations of the Senate and of the House of
Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
Sec. 611. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2005.
Sec. 612. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not beavailable for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 613. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 614. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2005.
Sec. 615. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in
connection with the implementation of subsection 922(t)
of title 18, United States Code; and
(2) any system to implement subsection 922(t) of
title 18, United States Code, that does not require and
result in the destruction of any identifying
information submitted by or on behalf of any person who
has been determined not to be prohibited from
possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g)
or (n) of section 922 of title 18, United States Code,
or State law.
Sec. 616. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall
not be available for obligation until the following fiscal
year.
Sec. 617. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 618. None of the funds appropriated or otherwise made
available to the Department of State shall be available for the
purpose of granting either immigrant or nonimmigrant visas, or
both, consistent with the determination of the Secretary of
State under section 243(d) of the Immigration and Nationality
Act, to citizens, subjects, nationals, or residents of
countries that the Secretary of Homeland Security has
determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under that section.
Sec. 619. (a) For additional amounts under the heading
``Small Business Administration, Salaries and Expenses'',
$500,000 shall be available for the Adelante Development
Center, Inc.; $150,000 shall be available for the Advanced
Polymer Processing Institute; $150,000 shall be available for
the Alaska Procurement Technical Assistance Center; $250,000
shall be available for Business and Professional Women of
Alaska; $75,000 shall be available for the Center for Applied
Research and Economic Development at the University of Southern
Indiana; $300,000 shall be available for the Center for
Emerging Technologies; $225,000 shall be available for the
Center for Entrepreneurship and Technology at the Nevada
Commission for Economic Development; $100,000 shall be
available for the Central Connecticut State University
Institute of Technology and Business Development; $600,000
shall be available for the Des Moines Higher Education
Pappajohn Center; $150,000 shall be available for the East
Central Indiana Business Incubator at Ball State University;
$100,000 shall be available for the Entrepreneurial Venture
Assistance Demonstration Project at the Iowa Department of
Economic Development; $75,000 shall be available for the Idaho
Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $600,000 shall be available for
the Industrial Outreach Service at Mississippi State
University; $2,000,000 shall be available for the Innovation
and Commercialization Center at the University of Southern
Mississippi; $100,000 shall be available for the Kennebec
Valley Council of Governments' Business Development Program;
$100,000 shall be available for the Knoxville College Small
Business Incubator Program; $250,000 shall be available for the
Louisiana State University Law School's Latin American
Commercial Law Program; $250,000 shall be available for the
Minority Business Development Center at Alcorn State
University; $600,000 shall be available for the Mississippi
Technology Alliance; $200,000 shall be available for the
Montana Department of Commerce for a State government
information sharing initiative; $125,000 shall be available for
the Myrtle Beach International Trade and Convention Center;
$250,000 shall be available for the Nanotechnology Research
Program at the Oregon Health and Science University; $550,000
shall be available for the New Product Development and
Commercialization Center for Rural Manufacturers; $125,000
shall be available for the New Hampshire Women's Business
Center; $500,000 shall be available for Operation Safe
Commerce; $200,000 shall be available for the Southern
University Foundation's Martin Luther King Initiative; $75,000
shall be available for Technology 2020; $1,000,000 shall be
available for the Technology Venture Center/InvestNet
Partnership for Alaska and Montana; $500,000 shall be available
for the Textile Marking System; $300,000 shall be available for
the Towson University International Business Incubator;
$1,000,000 shall be available for the Tuck School of Business/
MBDA Partnership; $325,000 shall be available for the
University of Colorado Nanotechnology and Characterization
Facility; $8,000,000 shall be available for the University of
South Carolina Thomas Cooper Library; $100,000 shall be
available for the Virginia Electronic Commerce Technology
Center at Christopher Newport University; $125,000 shall be
available for the Women's Business Development Center in
Stamford, Connecticut; and $100,000 shall be available for the
World Trade Center of Greater Philadelphia; $50,000 shall be
available for a grant to the Center for Excellence in
Education; $100,000 shall be available for a grant to The Cedar
Creek Battlefield Foundation; $100,000 shall be available for a
grant to Belle Grove Plantation; $150,000 shall be available
for a grant to the City of Manassas Park for economic
development; $100,000 shall be available for a grant to the
Shenandoah Valley Travel Association; $1,200,000 shall be
available for a grant to Shenandoah University to develop a
facility for a business program; $115,000 shall be available
for a grant to Economic Alliance Houston Port Region; $20,000
shall be available for a grant to the Town of South Boston,
Virginia, for small business development; $100,000 shall be
available for a grant to Patrick Henry Community College for a
workforce training program; $100,000 shall be available for a
grant for Danville Community College for a workforce training
program; $1,000,000 shall be available for a grant to the
University of Illinois for the Information Trust Institute
initiative; $500,000 shall be available for a grant to
Wittenberg University for a technology initiative; $500,000
shall be available for a grant to the Dayton Development
Coalition; $250,000 shall be available for a grant for REI
Rural Business Resources Center in Seminole, Oklahoma; $50,000
shall be available for a grant to Experience Works to expand
opportunities for older workers; $50,000 shall be available for
a grant to Project Listo for workforce development and
procurement opportunities;$100,000 shall be available for a
grant to North Iowa Area Community College for a small business
incubator; $450,000 shall be available for a grant to California State
University, in San Bernardino, California, for development of the
Center for the Commercialization of Advanced Technology; $50,000 shall
be available for a grant to Rowan University for a workforce training
program; $200,000 shall be available for a grant to the Freeport
Downtown Development Foundation for a small business economic
development initiative; $1,500,000 shall be available for a grant to
the Rockford Area Convention and Visitors Bureau for a manufacturing
program; $200,000 shall be available for a grant to Jefferson County
Development Council; $200,000 shall be available for a grant to
Clearfield County Economic Development Corporation; $500,000 shall be
available for a grant to the Columbus College of Art and Design for
facilities development to build partnerships with businesses; $115,000
shall be available for a grant to Ohio Business Connection; $1,000,000
shall be available for a grant to the Southern and Eastern Kentucky
Tourism Development Association; $500,000 shall be available for a
grant to the Bridgeport Regional Business Council for an economic
integration initiative; $100,000 shall be available for a grant to
Cedarbridge Development Corporation for a redevelopment initiative;
$900,000 shall be available for a grant to Western Carolina University
for a computer engineering program; $100,000 shall be available for a
grant to Asheville-Buncombe Technical Community College for an economic
development initiative; $100,000 shall be available for a grant to
Jubilee Homes for the Southwest Economic Business Resource Center;
$400,000 shall be available for a grant for the Connect the Valley
initiative; $400,000 shall be available for a grant to the University
of Tennessee Corridor Initiative; $500,000 shall be available for a
grant to the Illinois Institute for Technology to examine and assess
advancements in biotechnologies; $250,000 shall be available for a
grant to the City of Largo, Florida, for business information; $250,000
shall be available for a grant to Pro Co Technology, Inc. in the Bronx,
New York, for a computer training center; $50,000 shall be available
for a grant for the Promesa Foundation in the Bronx, New York, to
provide community growth funding; $200,000 shall be available for a
grant to Bronx Shepherds for community programs; $150,000 shall be
available for a grant to HOGAR, Inc. in the Bronx, New York; $200,000
shall be available for a grant to Promesa Enterprises to provide
services and support to community based organizations in the Bronx, New
York; $200,000 for the Arthur Avenue Retail Market in the Bronx, New
York, for facility, improvement, and maintenance needs to meet the
Market's business requirements; $200,000 shall be available for a grant
to Pregones Theater in the Bronx, New York for business infrastructure;
$200,000 shall be available for a grant to Presbyterian Senior Services
for their Grandparent Family Apartments project and programs in the
Bronx, New York; $100,000 shall be available for a grant to Thorpe
Family Residence, Inc. to continue its services and programs in the
Bronx, New York; $100,000 shall be available for a grant to the Puerto
Rican Traveling Theater in the Bronx, New York for outreach and
programs; $100,000 shall be available for Casita Maria's Career and
College Placement Preparation to be implemented in coordination with
business partners in New York City; $1,100,000 shall be available for a
grant to the MountainMade Foundation to fulfill its charter purposes
and to continue the initiative developed by the NTTC for outreach and
promotion, business and sites development, the education of artists and
craftspeople, and to promote small businesses, artisans and their
products through market development, advertisement, commercial sale and
other promotional means; $1,000,000 shall be available for a grant for
Northwest Shoals Community College to complete the Center for Business
and Industry; $1,000,000 shall be available for the Rhode Island School
of Design in Providence, Rhode Island for the continued modernization
of the Mason Building; $1,000,000 shall be available for a grant to the
Norwegian American Foundation to fulfill its charter purposes; $750,000
shall be available for a grant to St. Mary's College for a
telecommunications initiative; $400,000 shall be available for a grant
to the Economic Growth Council Procurement Assistance Program; $500,000
shall be available for a grant to Johnstown Area Regional Industries in
Pennsylvania for an enhanced economic development initiative; $300,000
shall be available for a grant to the Good Old Lower East Side
organization for a small business economic development initiative for
the Lower East Side, New York; $200,000 shall be available for a grant
for the Sunnyside Chamber of Commerce to conduct a redevelopment study
for Sunnyside, Queens, NY and to implement improvements.
(b) Section 621 of Division B of Public Law 108-199 is
amended--
(1) by striking ``$1,000,000 shall be available for
the Providence, Rhode Island Center for Women and
Enterprise for infrastructure development;'' and
inserting ``$100,000 shall be available for the
Providence, Rhode Island Center for Women and
Enterprise for small business development programs and
infrastructure development; $900,000 shall be available
for the Rhode Island School of Design in Providence,
Rhode Island for the continued modernization of the
Mason Building;'',
(2) by inserting ``for the purpose of conducting
the program and providing financial assistance'' after
``the Economic Growth Connection Paperless Procurement
Program'', and
(3) by inserting ``and to implement improvements''
after ``the Ridgewood Myrtle Avenue Business
Improvement District to conduct a redevelopment
study''.
Sec. 620. All disaster loans issued in Alaska shall be
administered by the Small Business Administration and shall not
be sold during fiscal year 2005.
Sec. 621. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 622. The Departments of Commerce, Justice, State, the
Judiciary, the Securities and Exchange Commission and the Small
Business Administration shall, not later than two months after
the date of the enactment of this Act, certify that
telecommuting opportunities are made available to 100 percent
of the eligible workforce: Provided, That, of the total amounts
appropriated to the Departments of Commerce, Justice, State,
the Judiciary, the Securities and Exchange Commission and the
Small Business Administration, $5,000,000 shall be available
only upon such certification: Provided further, That each
Department or agency shall provide quarterly reports to the
Committees on Appropriations on the status of telecommuting
programs, including the number of Federal employees eligible
for, and participating in, such programs: Provided further,
That each Department or agency shall designate a ``Telework
Coordinator'' to be responsible for overseeing the
implementation and operations of telecommuting programs, and
serve as a point of contact on such programs for the Committees
on Appropriations.
Sec. 623. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the development
and interdepartmental coordination of the policies of the
United States with respect to the international negotiations
and agreements referred to in this section.
Sec. 624. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law
enforcement authorities in conducting investigations by
tracking the sale and possession of specific firearms.
Law enforcement agencies may request firearms traces
for any reason, and those reasons are not necessarily
reported to the Federal Government. Not all firearms
used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen
for purposes of determining which types, makes or
models of firearms are used for illicit purposes. The
firearms selected do not constitute a random sample and
should not be considered representative of the larger
universe of all firearms used by criminals, or any
subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for
firearms traced do not necessarily represent the
sources or methods by which firearms in general are
acquired for use in crime.
Sec. 625. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the
Immigration and Nationality Act.
Sec. 626. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 627. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations
if such commission is chaired or presided over by a country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support
for acts of international terrorism.
Sec. 628. (a) The Department of Justice, the Department of
Homeland Security, and the Department of State shall jointly
conduct a thorough study of all matters relating to the
efficiency and effectiveness of the interagency process used to
review applications for nonimmigrant visas issued under section
221(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1201(a)(1)(B)). The Department of Justice, the Department of
Homeland Security, and the Department of State shall, in
conducting this study, develop recommendations on--
(1) clearance procedures for nonimmigrant visas
that should be eliminated;
(2) such procedures that should be continued;
(3) the appropriate Federal agencies or departments
or entities that should participate in each such
procedure; and
(4) legislation that could be enacted to increase
the efficiency and effectiveness of such procedures.
(b) Not later than 1 year after the date of enactment of
this Act, the Department of Justice, the Department of Homeland
Security, and the Department of State shall jointly submit a
report to the Committees on Appropriations of the Senate and
House of Representatives which shall contain a detailed
statement of the findings and conclusions of the study referred
to in subsection (a), together with recommendations for such
legislation and administrative actions as the Department of
Justice, the Department of Homeland Security, and the
Department of State consider appropriate. The report may be
submitted in a classified and unclassified form.
Sec. 629. Section 604 of the Secure Embassy Construction
and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-
113) is amended by adding the following new subsection at the
end:
``(e) Capital Security Cost Sharing.--
``(1) Authority.--Notwithstanding any other
provision of law, all agencies with personnel overseas
subject to chief of mission authority pursuant to
section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927) shall participate and provide funding in
advance for their share of costs of providing new,
safe, secure United States diplomatic facilities,
without offsets, on the basis of the total overseas
presence of each agency as determined annually by the
Secretary of State in consultation with such agency.
Amounts advanced by such agencies to the Department of
State shall be credited to the Embassy Security,
Construction and Maintenance account, and remain
available until expended.
``(2) Implementation.--Implementation of this
subsection shall be carried out in a manner that
encourages right-sizing of each agency's overseas
presence.
``(3) Exclusion.--For purposes of this subsection
`agency' does not include the Marine Security Guard.''.
Sec. 630. (a) Except as provided in subsection (b), a
project to construct a diplomatic facility of the United States
may not include office space or other accommodations for an
employee of a Federal agency or department if the Secretary of
State determines that such department or agency has not
provided to the Department of State the full amount of funding
required by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted into
law by section 1000(a)(7) of Public Law 106-113 and contained
in appendix G of that Act; 113 Stat. 1501A-453), as added by
section 629 of this Act.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
Sec. 631. It is the sense of the Congress that the
Secretary of State, at the most immediate opportunity, should--
(1) make a determination as to whether recent
events in the Darfur region of Sudan constitute
genocide as defined in the Convention on the Prevention
and Punishment of the Crime of Genocide; and
(2) support the investigation and prosecution of
war crimes and crimes against humanity committed in the
Darfur region of Sudan.
Sec. 632. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 633. (a) Section 111(b) of Public Law 102-395 (21
U.S.C. 886a) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), and indenting
accordingly;
(2) in subparagraph (B), as redesignated, by
striking ``program.'' and inserting ``program. Such
reimbursements shall be made without distinguishing
between expenses related to controlled substance
activities and expenses related to chemical
activities.'';
(3) by striking ``There is established'' and
inserting the following: ``(1) In general.--There is
established''; and
(4) by adding at the end the following:
``(2) Definitions.--In this section:
``(A) Diversion control program.--The term
`diversion control program' means the
controlled substance and chemical diversion
control activities of the Drug Enforcement
Administration.
``(B) Controlled substance and chemical
diversion control activities.--The term
`controlled substance and chemical diversion
control activities' means those activities
related to the registration and control of the
manufacture, distribution, dispensing,
importation, and exportation of controlled
substances and listed chemicals.''.
(b) Section 301 of the Controlled Substances Act (21 U.S.C.
821) is amended by striking ``the registration and control of
regulated'' and all that follows through the period, and
inserting ``listed chemicals.''
(c) Section 1088(f) of the Controlled Substances Import and
Export Act (21 U.S.C. 958(f)) is amended--
(1) by inserting ``and control'' after ``the
registration''; and
(2) by striking ``list I chemicals under this
section.'' and inserting ``listed chemicals.''.
Sec. 634. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Sec. 635. The unobligated balance of the amount
appropriated by title V of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 798) for
necessary expenses of the United States-Canada Alaska Rail
Commission shall be transferred as a direct lump-sum payment to
the University of Alaska.
Sec. 636. Section 33(a) of the Small Business Act (15
U.S.C. 657c(a)) is amended by adding at the end the following:
``Notwithstanding any other provision of law, the Corporation
is a private entity and is not an agency, instrumentality,
authority, entity, or establishment of the United States
Government.''.
Sec. 637. Of the amounts made available in this Act,
$160,186,300 from ``Department of State''; $14,449,118 from
``Department of Justice''; $3,095,206 from ``Department of
Commerce''; $213,154 from ``United States Trade
Representative''; and $302,985 from ``Broadcasting Board of
Governors'' shall be available for the purposes of implementing
the Capital Security Cost Sharing program, as provided in
section 629 of the Act.
Sec. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Federal Communications Commission may sell the monitoring
facilities in Honolulu, Hawaii, and Livermore, California,
including all real property: Provided, That any sale shall be
made in accordance with section 605 of this Act.
Sec. 639. None of the funds made available in this Act may
be used in contravention of the provisions of subsections (e)
and (f) of section 301 of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 22 U.S.C. 7631(e) and (f)).
Sec. 640. (a) There is hereby rescinded an amount equal to
0.54 percent of the budget authority provided for in fiscal
year 2005 for any discretionary account in this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$60,000,000 are rescinded.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$61,800,000 are rescinded.
Office of Justice Programs
JUSTICE ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$1,619,000 are rescinded.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$29,380,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$99,000,000 are rescinded.
JUVENILE JUSTICE
(RESCISSION)
Of the unobligated balances available under this heading,
$3,500,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading
for the Advanced Technology Program, $3,900,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$12,000,000 are rescinded.
TITLE VIII--PATENT AND TRADEMARK FEES
SEC. 801. FEES FOR PATENT SERVICES.
(a) General Patent Fees.--During fiscal years 2005 and
2006, subsection (a) of section 41 of title 35, United States
Code, shall be administered as though that subsection reads as
follows:
``(a) General Fees.--The Director shall charge the
following fees:
``(1) Filing and basic national fees.--
``(A) On filing each application for an
original patent, except for design, plant, or
provisional applications, $300.
``(B) On filing each application for an
original design patent, $200.
``(C) On filing each application for an
original plant patent, $200.
``(D) On filing each provisional
application for an original patent, $200.
``(E) On filing each application for the
reissue of a patent, $300.
``(F) The basic national fee for each
international application filed under the
treaty defined in section 351(a) of this title
entering the national stage under section 371
of this title, $300.
``(G) In addition, excluding any sequence
listing or computer program listing filed in an
electronic medium as prescribed by the
Director, for any application the specification
and drawings of which exceed 100 sheets of
paper (or equivalent as prescribed by the
Director if filed in an electronic medium),
$250 for each additional 50 sheets of paper (or
equivalent as prescribed by the Director if
filed in an electronic medium) or fraction
thereof.
``(2) Excess claims fees.--In addition to the fee
specified in paragraph (1)--
``(A) on filing or on presentation at any
other time, $200 for each claim in independent
form in excess of 3;
``(B) on filing or on presentation at any
other time, $50 for each claim (whether
dependent or independent) in excess of 20; and
``(C) for each application containing a
multiple dependent claim, $360.
For the purpose of computing fees under this paragraph,
a multiple dependent claim referred to in section 112
of this title or any claim depending therefrom shall be
considered as separate dependent claims in accordance
with the number of claims to which reference is made.
The Director may by regulation provide for a refund of
any part of the fee specified in this paragraph for any
claim that is canceled before an examination on the
merits, as prescribed by the Director, has been made of
the application under section 131 of this title. Errors
in payment of the additional fees under this paragraph
may be rectified in accordance with regulations
prescribed by the Director.
``(3) Examination fees.--
``(A) For examination of each application
for an original patent, except for design,
plant, provisional, or international
applications, $200.
``(B) For examination of each application
for an original design patent, $130.
``(C) For examination of each application
for an original plant patent, $160.
``(D) For examination of the national stage
of each international application, $200.
``(E) For examination of each application
for the reissue of a patent, $600.
The provisions of section 111(a) of this title
relating to the payment of the fee for filing the
application shall apply to the payment of the fee
specified in this paragraph with respect to an
application filed under section 111(a) of this title.
The provisions of section 371(d) of this title relating
to the payment of the national fee shall apply to the
payment of the fee specified in this paragraph with
respect to an international application.
``(4) Issue fees.--
``(A) For issuing each original patent,
except for design or plant patents, $1,400.
``(B) For issuing each original design
patent, $800.
``(C) For issuing each original plant
patent, $1,100.
``(D) For issuing each reissue patent,
$1,400.
``(5) Disclaimer fee.--On filing each disclaimer,
$130.
``(6) Appeal fees.--
``(A) On filing an appeal from the examiner
to the Board of Patent Appeals and
Interferences, $500.
``(B) In addition, on filing a brief in
support of the appeal, $500, and on requesting
an oral hearing in the appeal before the Board
of Patent Appeals and Interferences, $1,000.
``(7) Revival fees.--On filing each petition for
the revival of an unintentionally abandoned application
for a patent, for the unintentionally delayed payment
of the fee for issuing each patent, or for an
unintentionally delayed response by the patent owner in
any reexamination proceeding, $1,500, unless the
petition is filed under section 133 or 151 of this
title, in which case the fee shall be $500.
``(8) Extension fees.--For petitions for 1-month
extensions of time to take actions required by the
Director in an application--
``(A) on filing a first petition, $120;
``(B) on filing a second petition, $330;
and
``(C) on filing a third or subsequent
petition, $570.''.
(b) Patent Maintenance Fees.--During fiscal years 2005 and
2006, subsection (b) of section 41 of title 35, United States
Code, shall be administered as though that subsection reads as
follows:
``(b) Maintenance Fees.--The Director shall charge the
following fees for maintaining in force all patents based on
applications filed on or after December 12, 1980:
``(1) 3 years and 6 months after grant, $900.
``(2) 7 years and 6 months after grant, $2,300.
``(3) 11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in
the United States Patent and Trademark Officeon or before the
date the fee is due or within a grace period of 6 months thereafter,
the patent will expire as of the end of such grace period. The Director
may require the payment of a surcharge as a condition of accepting
within such 6-month grace period the payment of an applicable
maintenance fee. No fee may be established for maintaining a design or
plant patent in force.''.
(c) Patent Search Fees.--During fiscal years 2005 and 2006,
subsection (d) of section 41 of title 35, United States Code,
shall be administered as though that subsection reads as
follows:
``(d) Patent Search and Other Fees.--
``(1) Patent search fees.--
``(A) The Director shall charge a fee for
the search of each application for a patent,
except for provisional applications. The
Director shall establish the fees charged under
this paragraph to recover an amount not to
exceed the estimated average cost to the Office
of searching applications for patent either by
acquiring a search report from a qualified
search authority, or by causing a search by
Office personnel to be made, of each
application for patent. For the 3-year period
beginning on the date of enactment of this Act,
the fee for a search by a qualified search
authority of a patent application described in
clause (i), (iv), or (v) of subparagraph (B)
may not exceed $500, of a patent application
described in clause (ii) of subparagraph (B)
may not exceed $100, and of a patent
application described in clause (iii) of
subparagraph (B) may not exceed $300. The
Director may not increase any such fee by more
than 20 percent in each of the next three 1-
year periods, and the Director may not increase
any such fee thereafter.
``(B) For purposes of determining the fees
to be established under this paragraph, the
cost to the Office of causing a search of an
application to be made by Office personnel
shall be deemed to be--
``(i) $500 for each application for
an original patent, except for design,
plant, provisional, or international
applications;
``(ii) $100 for each application
for an original design patent;
``(iii) $300 for each application
for an original plant patent;
``(iv) $500 for the national stage
of each international application; and
``(v) $500 for each application for
the reissue of a patent.
``(C) The provisions of section 111(a)(3)
of this title relating to the payment of the
fee for filing the application shall apply to
the payment of the fee specified in this
paragraph with respect to an application filed
under section 111(a) of this title. The
provisions of section 371(d) of this title
relating to the payment of the national fee
shall apply to the payment of the fee specified
in this paragraph with respect to an
international application.
``(D) The Director may by regulation
provide for a refund of any part of the fee
specified in this paragraph for any applicant
who files a written declaration of express
abandonment as prescribed by the Director
before an examination has been made of the
application under section 131 of this title,
and for any applicant who provides a search
report that meets the conditions prescribed by
the Director.
``(E) For purposes of subparagraph (A), a
`qualified search authority' may not include a
commercial entity unless--
``(i) the Director conducts a pilot
program of limited scope, conducted
over a period of not more than 18
months, which demonstrates that
searches by commercial entities of the
available prior art relating to the
subject matter of inventions claimed in
patent applications--
``(I) are accurate; and
``(II) meet or exceed the
standards of searches conducted
by and used by the Patent and
Trademark Office during the
patent examination process;
``(ii) the Director submits a
report on the results of the pilot
program to Congress and the Patent
Public Advisory Committee that
includes--
``(I) a description of the
scope and duration of the pilot
program;
``(II) the identity of each
commercial entity participating
in the pilot program;
``(III) an explanation of
the methodology used to
evaluate the accuracy and
quality of the search reports;
and
``(IV) an assessment of the
effects that the pilot program,
as compared to searches
conducted by the Patent and
Trademark Office, had and will
have on--
``(aa)
patentability
determinations;
``(bb) productivity
of the Patent and
Trademark Office;
``(cc) costs to the
Patent and Trademark
Office;
``(dd) costs to
patent applicants; and
``(ee) other
relevant factors;
``(iii) the Patent Public Advisory
Committee reviews and analyzes the
Director's report under clause (ii) and
the results of the pilot program and
submits a separate report on its
analysis to the Director and the
Congress that includes--
``(I) an independent
evaluation of the effects that
the pilot program, as compared
to searches conducted by the
Patent and Trademark Office,
had and will have on the
factors set forth in clause
(ii)(IV); and
``(II) an analysis of the
reasonableness,
appropriateness, and
effectiveness of the methods
used in the pilot program to
make the evaluations required
under clause (ii)(IV); and
``(iv) Congress does not, during
the 1-year period beginning on the date
on which the Patent Public Advisory
Committee submits its report to the
Congress under clause (iii), enact a
law prohibiting searches by commercial
entities of the available prior art
relating to the subject matter of
inventions claimed in patent
applications.
``(F) The Director shall require that any
search by a qualified search authority that is
a commercial entity is conducted in the United
States by persons that--
``(i) if individuals, are United
States citizens; and
``(ii) if business concerns, are
organized under the laws of the United
States or any State and employ United
States citizens to perform the
searches.
``(G) A search of an application that is
the subject of a secrecy order under section
181 or otherwise involves classified
information may only be conducted by Office
personnel.
``(H) A qualified search authority that is
a commercial entity may not conduct a search of
a patent application if the entity has any
direct or indirect financial interest in any
patent or in any pending or imminent
application for patent filed or to be filed in
the Patent and Trademark Office.
``(2) Other fees.--The Director shall establish
fees for all other processing, services, or materials
relating to patents not specified in this section to
recover the estimated average cost to the Office of
such processing, services, or materials, except that
the Director shall charge the following fees for the
following services:
``(A) For recording a document affecting
title, $40 per property.
``(B) For each photocopy, $.25 per page.
``(C) For each black and white copy of a
patent, $3.
The yearly fee for providing a library specified in
section 12 of this title with uncertified printed
copies of the specifications and drawings for all
patents in that year shall be $50.''.
(d) Adjustments.--During fiscal years 2005 and 2006,
subsection (f) of section 41 of title 35, United States Code,
shall apply to the fees established under this section.
(e) Fees For Small Entities.--During fiscal years 2005 and
2006, subsection (h) of section 41 of title 35, United States
Code, shall be administered as though that subsection is
amended--
(1) in paragraph (1), by striking ``Fees charged
under subsection (a) or (b)'' and inserting ``Subject
to paragraph (3), fees charged under subsections (a),
(b), and (d)(1)''; and
(2) by adding at the end the following new
paragraph:
``(3) The fee charged under subsection (a)(1)(A)
shall be reduced by 75 percent with respect to its
application to any entity to which paragraph (1)
applies, if the application is filed by electronic
means as prescribed by the Director.''.
SEC. 802. ADJUSTMENT OF TRADEMARK FEES.
(a) Fee For Filing Application.--During fiscal years 2005
and 2006, under such conditions as may be prescribed by the
Director, the fee under section 31(a) of the Trademark Act of
1946 (15 U.S.C. 1113(a)) for: (a) the filing of a paper
application for the registration of a trademark shall be $375;
(b) the filing of an electronic application shall be $325; and
(c) the filing of an electronic application meeting certain
additional requirements prescribed by the Director shall be
$275. During fiscal years 2005 and 2006, the provisions of the
second and third sentences of section 31(a) of the Trademark
Act of 1946 shall apply to the fees established under this
section.
(b) Reference to Trademark Act of 1946.--For purposes of
this section, the ``Trademark Act of 1946'' refers to the Act
entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes.'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.
(a) Effective Date.--Except as otherwise provided in this
title (including this section), the provisions of this title
shall take effect on the date of the enactment of this Act and
shall apply only with respect to the remaining portion of
fiscal year 2005 and fiscal year 2006.
(b) Applicability.--
(1)(A) Except as provided in subparagraphs (B) and
(C), the provisions of section 801 shall apply to all
patents, whenever granted, and to all patent
applications pending on or filed after the effective
date set forth in subsection (a) of this section.
(B)(i) Except as provided in clause (ii),
subsections (a)(1) and (3) and (d)(1) of section 41 of
title 35, United States Code, as administered as
provided in this title, shall apply only to--
(I) applications for patents filed under
section 111 of title 35, United States Code, on
or after the effective date set forth in
subsection (a) of this section, and
(II) international applications entering
the national stage under section 371 of title
35, United States Code, for which the basic
national fee specified in section 41 of title
35, United States Code, was not paid before the
effective date set forth in subsection (a) of
this section.
(ii) Section 41(a)(1)(D) of title 35, United States
Code, as administered as provided in this title, shall
apply only to applications for patent filed under
section 111(b) of title 35, United States Code, before,
on, or after the effective date set forth in subsection
(a) of this section in which the filing fee specified
in section 41 of title 35, United States Code, was not
paid before the effective date set forth in subsection
(a) of this section.
(C) Section 41(a)(2) of title 35, United States
Code, as administered as provided in this title, shall
apply only to the extent that the number of excess
claims, after giving effect to any cancellation of
claims, is in excess of the number of claims for which
the excess claims fee specified in section 41 of title
35, United States Code, was paid before the effective
date set forth in subsection (a) of this section.
(2) The provisions of section 802 shall apply to
all applications for the registration of a trademark
filed or amended on or after the effective date set
forth in subsection (a) of this section.
(c) Transitional Provisions.--
(1) Search fees.--During fiscal years 2005 and
2006, the Director shall charge--
(A) for the search of each application for
an original patent, except for design, plant,
provisional, or international application,
$500;
(B) for the search of each application for
an original design patent, $100;
(C) for the search of each application for
an original plant patent, $300;
(D) for the search of the national stage of
each international application, $500; and
(E) for the search of each application for
the reissue of a patent, $500.
(2) Timing of fees.--The provisions of section
111(a)(3) of title 35, United States Code, relating to
the payment of the fee for filing the application shall
apply to the payment of the fee specified in paragraph
(1) with respect to an application filed under section
111(a) of title 35, United States Code. The provisions
of section 371(d) of title 35, United States Code,
relating to the payment of the national fee shall apply
to the payment of the fee specified in paragraph (1)
with respect to an international application.
SEC. 804. DEFINITION.
In this title, the term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
TITLE IX--OCEANS AND HUMAN HEALTH ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Oceans and Human Health
Act''.
SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.
(a) Coordination.--The President, through the National
Science and Technology Council, shall coordinate and support a
national research program to improve understanding of the role
of the oceans in human health.
(b) Implementation Plan.--Within 1 year after the date of
enactment of this Act, the National Science and Technology
Council, through the Director of the Office of Science and
Technology Policy shall develop and submit to the Congress a
plan for coordinated Federal activities under the program.
Nothing in this subsection is intended to duplicate or
supersede the activities of the Inter-Agency Task Force on
Harmful Algal Blooms and Hypoxia established under section 603
of the Harmful Algal Bloom and Hypoxia Research and Control Act
of 1998 (16 U.S.C. 1451 note). In developing the plan, the
Committee will consult with the Inter-Agency Task Force on
Harmful Algal Blooms and Hypoxia. Such plan will build on and
complement the ongoing activities of the National Oceanic and
Atmospheric Administration, the National Science Foundation,
and other departments and agencies and shall--
(1) establish, for the 10-year period beginning in
the year it is submitted, the goals and priorities for
Federal research which most effectively advance
scientific understanding of the connections between the
oceans and human health, provide usable information for
the prediction of marine-related public health problems
and use the biological potential of the oceans for
development of new treatments of human diseases and a
greater understanding of human biology;
(2) describe specific activities required to
achieve such goals and priorities, including the
funding of competitive research grants, ocean and
coastal observations, training and support for
scientists, and participation in international research
efforts;
(3) identify and address, as appropriate, relevant
programs and activities of the Federal agencies and
departments that would contribute to the program;
(4) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to the program;
(5) consider and use, as appropriate, reports and
studies conducted by Federal agencies and departments,
the National Research Council, the Ocean Research
Advisory Panel, the Commission on Ocean Policy and
other expert scientific bodies;
(6) make recommendations for the coordination of
program activities with ocean and human health-related
activities of other national and international
organizations; and
(7) estimate Federal funding for research
activities to be conducted under the program.
(c) Program Scope.--The program may include the following
activities related to the role of oceans in human health:
(1) Interdisciplinary research among the ocean and
medical sciences, and coordinated research and
activities to improve understanding of processes within
the ocean that may affect human health and to explore
the potential contribution of marine organisms to
medicine and research, including--
(A) vector- and water-borne diseases of
humans and marine organisms, including marine
mammals and fish;
(B) harmful algal blooms and hypoxia
(through the Inter-Agency Task Force on Harmful
Algal Blooms and Hypoxia);
(C) marine-derived pharmaceuticals;
(D) marine organisms as models for
biomedical research and as indicators of marine
environmental health;
(E) marine environmental microbiology;
(F) bioaccumulative and endocrine-
disrupting chemical contaminants; and
(G) predictive models based on indicators
of marine environmental health or public health
threats.
(2) Coordination with the National Ocean Research
Leadership Council (10 U.S.C. 7902(a)) to ensure that
any integrated ocean and coastal observing system
provides information necessary to monitor and reduce
marine public health problems including health-related
data on biological populations and detection of
contaminants in marine waters and seafood.
(3) Development through partnerships among Federal
agencies, States, academic institutions, or non-profit
research organizations of new technologies and
approaches for detecting and reducing hazards to human
health from ocean sources and to strengthen
understanding of the value of marine biodiversity to
biomedicine, including--
(A) genomics and proteomics to develop
genetic and immunological detection approaches
and predictive tools and to discover new
biomedical resources;
(B) biomaterials and bioengineering;
(C) in situ and remote sensors used to
detect, quantify, and predict the presence and
spread of contaminants in marine waters and
organisms and to identify new genetic resources
for biomedical purposes;
(D) techniques for supplying marine
resources, including chemical synthesis,
culturing and aquaculturing marine organisms,
new fermentation methods and recombinant
techniques; and
(E) adaptation of equipment and
technologies from human health fields.
(4) Support for scholars, trainees and education
opportunities that encourage an interdisciplinary and
international approach to exploring the diversity of
life in the oceans.
(d) Annual Report.--Beginning with the first year occurring
more than 24 months after the date of enactment of this Act,
the National Science and Technology Council, through the
Director of the Office of Science and Technology Policy shall
prepare and submit to the President and the Congress not later
than January 31st of each year an annual report on the
activities conducted pursuant to this title during the
preceding fiscal year, including--
(1) a summary of the achievements of Federal oceans
and human health research, including Federally
supported external research, during the preceding
fiscal year;
(2) an analysis of the progress made toward
achieving the goals and objectives of the plan
developed under subsection (b), including
identification of trends and emerging trends;
(3) a copy or summary of the plan and any changes
made in the plan;
(4) a summary of agency budgets for oceans and
human health activities for that preceding fiscal year;
and
(5) any recommendations regarding additional action
or legislation that may be required to assist in
achieving the purposes of this title.
SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND
HUMAN HEALTH INITIATIVE.
(a) Establishment.--As part of the interagency oceans and
human health research program, the Secretary of Commerce is
authorized to establish an Oceans and Human Health Initiative
to coordinate and implement research and activities of the
National Oceanic and Atmospheric Administration related to the
role of the oceans, the coasts, and the Great Lakes in human
health. In carrying out this section, the Secretary shall
consult with other Federal agencies conducting integrated
oceans and human health research and research in related areas,
including the National Science Foundation. The Oceans and Human
Health Initiative is authorized to provide support for--
(1) centralized program and research coordination;
(2) an advisory panel;
(3) one or more National Oceanic and Atmospheric
Administration national centers of excellence;
(4) research grants; and
(5) distinguished scholars and traineeships.
(b) Advisory Panel.--The Secretary is authorized to
establish an oceans and human health advisory panel to assist
in the development and implementation of the Oceans and Human
Health Initiative. Membership of the advisory group shall
provide for balanced representation of individuals with multi-
disciplinary expertise in the marine and biomedical sciences.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oceans and human health advisory panel.
(c) National Centers.--
(1) The Secretary is authorized to identify and
provide financial support through a competitive process
to develop, within the National Oceanic and Atmospheric
Administration, for one or more centers of excellence
that strengthen the capabilities of the National
Oceanic and Atmospheric Administration to carry out its
programs and activities related to the oceans' role in
human health.
(2) The centers shall focus on areas related to
agency missions, including use of marine organisms as
indicators for marine environmental health, ocean
pollutants, marine toxins and pathogens, harmful algal
blooms, hypoxia, seafood testing, identification of
potential marine products, and biology and pathobiology
of marine mammals, and on disciplines including marine
genomics, marine environmental microbiology, ecological
chemistry and conservation medicine.
(3) In selecting centers for funding, the Secretary
will give priority to proposals with strong
interdisciplinary scientific merit that encourage
educational opportunities and provide for effective
partnerships among the Administration, other Federal
entities, State, academic, non-profit research
organizations, medical, and industry participants.
(d) Extramural Research Grants.--
(1) The Secretary is authorized to provide grants
of financial assistance to the scientific community for
critical research and projects that explore the
relationship between the oceans and human health and
that complement or strengthen programs and activities
of the National Oceanic and Atmospheric Administration
related to the ocean's role in human health. Officers
and employees of Federal agencies may collaborate with,
and participate in, such research and projects to the
extent requested by the grant recipient. The Secretary
shall consult with the oceans and human health advisory
panel established under subsection (b) and may work
cooperatively with other agencies participating in the
interagency program to establish joint criteria for
such research and projects.
(2) Grants under this subsection shall be awarded
through a competitive peer-reviewed, merit-based
process that may be conducted jointly with other
agencies participating in the interagency program.
(e) Traineeships.--The Secretary of Commerce is authorized
to establish a program to provide traineeships, training, and
experience to pre-doctoral and post-doctoral students and to
scientists at the beginning of their careers who are interested
in the oceans in human health research conducted under the NOAA
initiative.
SEC. 904. PUBLIC INFORMATION AND OUTREACH.
(a) In General.--The Secretary of Commerce, in consultation
with other Federal agencies, and in cooperation with the
National Sea Grant program, shall design and implement a
program to disseminate information developed under the NOAA
Oceans and Human Health Initiative, including research,
assessments, and findings regarding the relationship between
oceans and human health, on both a regional and national scale.
The information, particularly with respect to potential health
risks, shall be made available in a timely manner to
appropriate Federal or State agencies, involved industries, and
other interested persons through a variety of means, including
through the Internet.
(b) Report.--As part of this program, the Secretary shall
submit to Congress an annual report reviewing the results of
the research, assessments, and findings developed under the
NOAA Oceans and Human Health Initiative, as well as
recommendations for improving or expanding the program.
SEC. 905. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out the National Oceanic and Atmospheric
Administration Oceans and Human Health Initiative, $60,000,000
for fiscal years 2005 through 2008. Not less than 50 percent of
the amounts appropriated to carry out the initiative shall be
utilized in each fiscal year to support the extramural grant
and traineeship programs of the Initiative.
This division may be cited as the ``Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005''.
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $144,500,000,
to remain available until expended: Provided, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $300,000 for the continued preconstruction,
engineering, and design of Waikiki Beach, Oahu, Hawaii, the
project to be designed and evaluated, as authorized and that
any recommendations for a National Economic Development Plan
shall be accepted notwithstanding the extent of recreation
benefits supporting the project features, in view of the fact
that recreation is extremely important in sustaining and
increasing the economic well-being of the State of Hawaii and
the nation: Provided further, That in conducting the Southwest
Valley Flood Damage Reduction Study, Albuquerque, New Mexico,
the Secretary of the Army, acting through the Chief of
Engineers, shall include an evaluation of flood damage
reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency
of flooding, the drainage areas, and the amount of runoff:
Provided further, That for the Ohio Riverfront, Cincinnati,
Ohio, project, the cost of planning and design undertaken by
non-Federal interests shall be credited toward the non-Federal
share of project design costs.
CONSTRUCTION, GENERAL
For expenses necessary for the construction of river and
harbor, flood control, shore protection and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those for
development with participation or under consideration for
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction); and
for the benefit of federally listed species to address the
effects of civil works projects owned or operated by the United
States Army Corps of Engineers, $1,796,089,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of construction costs for facilities
under the Dredged Material Disposal Facilities program shall be
derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, to cover one-half of the costs of
construction and rehabilitation of inland waterways projects,
(including the rehabilitation costs for Lock and Dam 11,
Mississippi River, Iowa; Lock and Dam 19, Mississippi River,
Iowa; Lock and Dam 24, Mississippi River, Illinois and
Missouri; and Lock and Dam 3, Mississippi River, Minnesota)
shall be derived from the Inland Waterways Trust Fund:
Provided, That using $12,500,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue construction of the Dallas
Floodway Extension, Texas, project, including the Cadillac
Heights feature, generally in accordance with the Chief of
Engineers report dated December 7, 1999: Provided further, That
the Secretary of the Army is directed to accept advance funds,
pursuant to section 11 of the River and Harbor Act of 1925,
from the non-Federal sponsor of the Los Angeles Harbor,
California, project authorized by section 101(b)(5) of Public
Law 106-541: Provided further, That the Secretary of the Army
is directed to accept advance funds, or any portion thereof,
pursuant to section 11 of the River and Harbor Act of 1925,
from the non-Federal sponsor of the Oakland Harbor, California,
project authorized by section 101(a)(7) of Public Law 106-53:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $500,000 of
the funds provided herein to continue construction of the
Hawaii Water Management Project: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $3,000,000 of the funds appropriated herein
to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use $3,000,000 of the funds provided herein for the Dam
Safety and Seepage/Stability Correction Program to complete
construction of seepage control features and repairs to the
tainter gates at Waterbury Dam,Vermont: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers, is
directed to use $9,000,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the Grundy,
Buchanan County, and Dickenson County, Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland River
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $15,000,000 of the
funds appropriated herein to continue with the planning, engineering,
design or construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland River
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue the Dickenson
County Detailed Project Report as generally defined in Plan 4 of the
Huntington District Engineer's Draft Supplement to the section 202
General Plan for Flood Damage Reduction dated April 1997, including all
Russell Fork tributary streams within the County and special
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $8,750,000 of the
funds appropriated herein for the Clover Fork, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Harlan County in accordance with the Draft
Detailed Project Report dated January 2002, Floyd County, Martin
County, Johnson County, and Knox County, Kentucky, detailed project
report, elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to continue
with the construction of the Seward Harbor, Alaska, project, in
accordance with the Report of the Chief of Engineers, dated June 8,
1999, and the economic justification contained therein: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue with the construction of the False
Pass, Alaska, project, in accordance with the Report of the Chief of
Engineers, dated December 29, 2000: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with construction of the Sand Point Harbor, Alaska
project, in accordance with the Report of the Chief of Engineers, dated
October 13, 1998, and the economic justification contained therein:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to design and construct modifications
to the Federal navigation project at Thomsen Harbor, Sitka, Alaska,
authorized by Section 101 of the Water Resources Development Act of
1992: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, shall correct the design deficiency at Thomsen
Harbor, Sitka, Alaska, by adding to, or extending, the existing
breakwaters to reduce wave and swell motion within the harbor at an
additional cost of $1,000,000 at full Federal expense: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed and authorized to continue the work to replace
and upgrade the dam and all connections to the existing system at Kake,
Alaska: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue with the
construction of the Wrangell Harbor, Alaska, project in accordance with
the Chief of Engineer's report dated December 23, 1999: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the construction of the New York
and New Jersey Harbor project, 50-foot deepening element, upon
execution of the Project Cooperation Agreement: Provided further, That
no funds made available under this Act or any other Act for any fiscal
year may be used by the Secretary of the Army to carry out the
construction of the Port Jersey element of the New York and New Jersey
Harbor or reimbursement to the Local Sponsor for the construction of
the Port Jersey element until commitments for construction of container
handling facilities are obtained from the non-Federal sponsor for a
second user along the Port Jersey element: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use funds appropriated for the navigation project, Tampa
Harbor, Florida, to carry out, as part of the project, construction of
passing lanes in an area approximately 3.5 miles long, centered on
Tampa Bay Cut B, if the Secretary determines that such construction is
technically sound, environmentally acceptable, and cost effective:
Provided further, That using $750,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to plan, design, and initiate reconstruction of
the Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project as
originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based on the
most cost-effective engineering solution and shall require no further
economic justification: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed
without further delay with work on the permanent bridge to replace
Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy
and Water Development Appropriations Act, 2004 (Public Law 108-137),
and, of the $8,000,000 available for the American River Watershed
(Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those
funds be directed for the permanent bridge, with all remaining devoted
to the Mini-Raise: Provided further, That the Secretary of the Army is
directed to use $1,365,000 of the funds appropriated herein to
construct a project for flood control, Cass River, Spaulding Township,
Michigan, pursuant to section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), notwithstanding that the benefits of the project may not
exceed the estimated costs of the project: Provided further, That the
non-Federal interest for the project shall receive credit towards its
share of project costs in the amount of $345,000 for work carried out
by the non-Federal interest on the project prior to entering into a
project cooperation agreement: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed
toundertake and fund a demonstration project utilizing the Bidlocker
system of escrowing contract bid documents: Provided further, that the
system should provide a method of securing bidder documents prior to
the award of the contracts, thus allowing the contractor to provide
those documents to the Government in the case of disputes: Provided
further, that the demonstration project should include use of the
system on at least three contracts: Provided further, that a report on
the results of the demonstration project shall be provided within one
year of the date of enactment of this Act.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for the flood damage reduction
program for the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $324,500,000, to
remain available until expended: Provided, That the Secretary
of the Army, acting through the Chief of Engineers, using
$12,000,000 of the funds provided herein, is directed to
continue design and real estate activities and to initiate the
pump supply contract for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the pump
supply contract shall be performed by awarding continuing
contracts in accordance with 33 U.S.C. 621: Provided further,
That the Secretary of the Army, acting through the Chief of
Engineers is directed, with $500,000 appropriated herein, to
continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; for the benefit of federally listed species
to address the effects of civil works projects owned or
operated by the United States Army Corps of Engineers; for
providing security for infrastructure owned and operated by, or
on behalf of, the United States Army Corps of Engineers,
including administrative buildings and facilities,
laboratories, and the Washington Aqueduct; for the maintenance
of harbor channels provided by a State, municipality, or other
public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting
of northern and northwestern lakes and connecting waters,
clearing and straightening channels, and removal of
obstructions to navigation, $1,959,101,000, to remain available
until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for
coastal harbors and channels shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be
derived from that fund; of which such sums as become available
from the special account for the United States Army Corps of
Engineers established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from
that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; and of
which such sums as become available under section 217 of the
Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance of
the dredged material disposal facilities for which fees have
been collected: Provided, That utilizing funds appropriated
herein, for the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1
Bridge from station 58+00 to station 293+00 between October 1,
2003, and September 30, 2004: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein to rehabilitate
the existing dredged material disposal site for the project for
navigation, Bodega Bay Harbor, California, and to continue
maintenance dredging of the Federal channel: Provided further,
That the Secretary shall make suitable material excavated from
the Bodega Bay Harbor, California, disposal site as part of the
rehabilitation effort available to the non-Federal sponsor, at
no cost to the Federal Government, for use by the non-Federal
sponsor in the development of public facilities: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is authorized to undertake, at full federal
expense, a detailed evaluation of the Albuquerque levees for
purposes of determining structural integrity, impacts of
vegetative growth, and performance under current hydrological
conditions: Provided further, That using $175,000 provided
herein, the Secretary of the Army, acting through the Chief of
Engineers is authorized to remove the sunken vessel, State of
Pennsylvania from the Christina River in Delaware: Provided
further, That the Corps of Engineers shall not allocate any
funds to deposit dredged material along the Laguna Madre
portion of the Gulf Intracoastal Waterway except at the
placement areas specified in the Dredged Material Management
Plan in section 2.11 of the Final Environmental Impact
Statement for Maintenance Dredging of the Gulf Intracoastal
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy,
Willacy, and Cameron Counties, Texas, prepared by the Corps of
Engineers dated September 2003: Provided further, That nothing
in the above proviso shall prevent the Corps of Engineers from
performing necessary maintenance operations along the Gulf
Intracoastal Waterway if the following conditions are met: if
the Corps proposes to use any placement areas that are not
currently specified in the Dredged Material Management Plan and
failure to use such alternative placement areas will result in
the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable
requirements of the National Environmental Policy Act, 42
U.S.C. 4321, et seq., and all other applicable State and
Federal laws, including the Clean Water Act, 33 U.S.C. 1251 et
seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and
the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.:
Provided further, That, of the funds made available, $7,000,000
is to be used to perform work authorized in Section 136 of
Public Law 108-357.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$145,000,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $165,000,000, to
remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and
related civil works functions in the headquarters of the United
States Army Corps of Engineers, the offices of the Division
Engineers, the Humphreys Engineer Center Support Activity, the
Institute for Water Resources, the United States Army Engineer
Research and Development Center, and the United States Army
Corps of Engineers Finance Center, $167,000,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That none of these funds shall be available to support
an office of congressional affairs within the executive office
of the Chief of Engineers.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant
Secretary of the Army (Civil Works), as authorized by 10 U.S.C.
3016(b)(3), $4,000,000.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving Fund,
Corps of Engineers, shall be available for purchase (not to
exceed 100 for replacement only) and hire of passenger motor
vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS--CIVIL
Sec. 101. Beginning in fiscal year 2005 and thereafter,
agreements proposed for execution by the Assistant Secretary of
the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant
to section 4 of the Rivers and Harbor Act of 1915, Public Law
64-291; section 11 of the River and Harbor Act of 1925, Public
Law 68-585; the Civil Functions Appropriations Act, 1936,
Public Law 75-208; section 215 of the Flood Control, Act of
1968, as amended, Public Law 90-483; sections 104, 203, and 204
of the Water Resources Development Act of 1986, as amended,
Public Law 99-662; section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102-580;
section 211 of the Water Resources Development Act of 1996,
Public Law 104-303; and any other specific project authority,
shall be limited to credits and reimbursements per project not
to exceed $10,000,000 in each fiscal year, and total credits
and reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year, except that for environmental
infrastructure projects, the $10,000,000 limitation shall apply
to each state wherein such projects are undertaken.
Sec. 102. None of the funds appropriated in this or any
other Act may be used by the United States Army Corps of
Engineers to support activities related to the proposed Ridge
Landfill in Tuscarawas County, Ohio.
Sec. 103. None of the funds appropriated in this or any
other Act shall be used to demonstrate or implement any plans
divesting or transferring any Civil Works missions, functions,
or responsibilities of the United States Army Corps of
Engineers to other government agencies without specific
direction in a subsequent Act of Congress.
Sec. 104. Alamogordo, New Mexico. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood
Control Act of 1962 (Public Law 87-874), is modified to
authorize and direct the Secretary to construct a flood
detention basin to protect the north side of the City of
Alamogordo, New Mexico, from flooding. The flood detention
basin shall be constructed to provide protection from a 100-
year flood event. The project cost share for the flood
detention basin shall be consistent with section 103(a) of the
Water Resources Development Act of 1986, notwithstanding
section 202(a) of the Water Resources Development Act of 1996.
Sec. 105. None of the funds appropriated in this or any
other Act may be used by the United States Army Corps of
Engineers to support activities related to the proposed Indian
Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
Sec. 106. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an environmental
impact statement concerning the closure or removal.
Sec. 107. Water Reallocation, Lake Cumberland, Kentucky.
(a) In General.--Subject to subsection (b), none of the funds
made available by this Act may be used to carry out any water
reallocation project or component under the Wolf Creek Project,
Lake Cumberland, Kentucky, authorized under the Act of June 28,
1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 1946
(60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
Sec. 108. Lake Tahoe Basin Restoration, Nevada and
California. (a) Definition.--In this section, the term ``Lake
Tahoe Basin'' means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet
downstream from the U.S. Bureau of Reclamation dam in Tahoe
City, California.
(b) Establishment of Program.--The Secretary may establish
a program for providing environmental assistance to non-Federal
interests in Lake Tahoe Basin.
(c) Form of Assistance.--Assistance under this section may
be in the form of planning, design, and construction assistance
for water-related environmental infrastructure and resource
protection and development projects in Lake Tahoe Basin--
(1) urban stormwater conveyance, treatment and
related facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and
development.
(d) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if the
project is publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a local
cooperation agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each local cooperation agreement
entered into under this subsection shall provide for
the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
and Regional officials, of appropriate
environmental documentation, engineering plans
and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of
project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-
Federal interest shall receive credit for the
reasonable costs of planning and design work
completed by the non-Federal interest before
entering into a local cooperation agreement
with the Secretary for a project.
(C) Land, easements, rights-of-way, and
relocations.--The non-Federal interest shall
receive credit for land, easements, rights-of-
way, and relocations provided by the non-
Federal interest toward the non-Federal share
of project costs (including all reasonable
costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent
of total project costs.
(D) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for the period
beginning with fiscal year 2005, $25,000,000, to remain
available until expended.
Sec. 109. Watershed Management and Development. Section 503
of the Water Resources Development Act of 1996 (110 Stat. 3756)
is amended in subsection (c) by inserting the following: ``The
non-Federal share of the cost to provide assistance for the
Lake Tahoe watershed, California and Nevada, and Walker River
Basin, Nevada may be provided as work-in-kind.''.
Sec. 110. The Assistant Secretary of the Army for Civil
Works shall enter into an agreement with the Orange County
Water District, Orange County, California for purposes of water
conservation storage and operations to provide at a minimum a
conservation level up to elevation 498 feet mean sea level
during the flood season, and up to elevation 505 feet mean sea
level during the non-flood season at Prado Dam, California. The
Orange County Water District shall pay to the Government only
the separable costs associated with implementation and
operation and maintenance of Prado Dam for water conservation.
Sec. 111. Black Warrior-Tombigbee Rivers, Alabama. (a) In
General.--The Secretary is authorized to construct a new
project management office located in the city of Tuscaloosa,
Alabama, at a location within the vicinity of the city, at full
Federal expense.
(b) Transfer of Land and Structures.--The Secretary is
authorized to convey, or otherwise transfer to the city of
Tuscaloosa, Alabama, at fair market value, the land and
structures associated with the existing project management
office, if the city agrees to assume full responsibility for
demolition of the existing project management office.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $32,000,000.
Sec. 112. Within 75 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 113. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
Sec. 114. Coastal Wetland Conservation Project Funding. (a)
Funding.--Section 306 of the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3955) is amended--
(1) in subsection (a), by striking ``, not to
exceed $70,000,000,'';
(2) in subsection (b), by striking ``, not to
exceed $15,000,000''; and
(3) in subsection (c), by striking ``, not to
exceed $15,000,000,''.
(b) Period of Authorization.--Section 4(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is
amended in the second sentence by striking ``2009'' and
inserting ``2019''.
Sec. 115. The Secretary of the Army, acting through the
Chief of Engineers, is directed to design and construct a
marina and associated facilities project capable of remaining
in operation through extended drought conditions at Federal
expense at Lake Sakakawea, North Dakota.
Sec. 116. Central City, Fort Worth, Texas. The project for
flood control and other purposes on the Trinity River and
Tributaries, Texas, authorized by the River and Harbor Act of
1965 (Public Law 89-298), as modified, is further modified to
authorize the Secretary to undertake the Central City River
Project, as generally described in the Trinity River Vision
Master Plan, dated April 2003, as amended, at a total cost not
to exceed $220,000,000, at a Federal cost of $110,000,000, and
a non-Federal cost of $110,000,000, if the Secretary determines
the work is technically sound and environmentally acceptable.
The cost of work undertaken by the non-Federal interests before
the date of execution of a project cooperation agreement shall
be credited against the non-Federal share of project costs if
the Secretary determines that the work is integral to the
project.
Sec. 117. Notwithstanding any other provision of law, the
Secretary of the Army is authorized to carry out, at full
Federal expense, structural and non-structural projects for
storm damage prevention and reduction, coastal erosion, and ice
and glacial damage in Alaska, including relocation of affected
communities and construction of replacement facilities.
Sec. 118. Cook Inlet, Alaska. (a) Anchorage Harbor.--
(1) Harbor depth.--The project for navigation
improvements, Cook Inlet, Alaska (Anchorage Harbor,
Alaska), authorized by section 101 of the River and
Harbor Act of 1958 (72 Stat. 299) and modified by
section 199 of the Water Resources Development Act of
1976 (90 Stat. 2944), is further modified to direct the
Secretary of the Army to construct a harbor depth of
minus 45 feet mean lower low water for a length of
10,860 feet at the modified Port of Anchorage
intermodal marine facility at each phase of facility
modification as such phases are completed and
thereafter as the entire project is completed.
(2) Cost-sharing.--If the Secretary determines that
the modified Port of Anchorage will be used by vessels
operated by the Department of Defense that have a draft
of greater than 35 feet, the modification referred to
in paragraph (1) shall be at full federal expense.
(3) Transitional dredging.--Before completion of
the project modification described in paragraph (1),
the Secretary may conduct dredging to a depth of at
least minus 35 feet mean lower low water in such
locations as will allow maintenance of navigation and
vessel access to the Port of Anchorage intermodal
marine facility during modification of such facility.
Such work shall be carried out by the Secretary in
accordance with section 101 of the River and Harbor Act
of 1958.
(4) Facilitating facility modification.--Before
establishing the harbor depth of minus 45 feet mean
lower low water, the Secretary may undertake dredging
in accordance with section 101 of the River and Harbor
Act of 1958 within the design footprint of the modified
intermodal marine facility referred to in paragraph (1)
to facilitate modification. The Secretary may carry out
such dredging as part of operation and maintenance of
the project modified by paragraph (1).
(5) Maintenance.--Federal maintenance shall
continue for the existing project until the modified
intermodal marine facility is completed. Federal
maintenance of the modified project shall be in
accordance with section 101 of the River and Harbor Act
of 1958; except that the project shall be maintained at
a depth of minus 45 feet mean lower low water for
10,860 feet referred to in paragraph (1).
(b) Navigation Channel.--The Secretary shall modify the
channel in the exiting Cook Inlet Navigation Channel approach
to Anchorage Harbor, Alaska, to run the entire length of Fire
Island Range and Point Woronzof Range and shall modify the
depth of that channel to minus 45 feet mean lower low water.
The channel shall be maintained at a depth of minus 45 feet
mean lower low water.
(c) Hydrodynamic Modeling.--The Secretary shall carry out
hydrodynamic modeling of the Knik Arm to identify causes of,
and measures to address, shoaling at the Port of Anchorage, at
a total cost of $3,000,000.
(d) Alternatives Analysis.--No alternative other than the
alternative authorized in this section shall be considered in
any analysis of the modified project to be carried out by the
Secretary in accordance with this section.
Sec. 119. Northern Wisconsin. Section 154(c) of title I of
division B of the Miscellaneous Appropriations Act, 2001,
enacted into law by the Consolidated Appropriations Act, 2001
(114 Stat. 2763A-252), is amended--
(1) by inserting after ``design'' the following:
``, construction,''; and
(2) by inserting before ``wastewater treatment''
the following: ``navigation and inland harbor
improvement and expansion,''.
Sec. 120. St. Croix Falls Environmental Infrastructure,
Wisconsin. Additional Assistance.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 335; 114 Stat. 2763A-220) is amended by adding
at the end the following:
``(73) St. Croix Falls, Wisconsin.--$5,000,000 for
waste water infrastructure, St. Croix Falls,
Wisconsin.''.
Sec. 121. Burns Harbor, Indiana. The Secretary of the Army,
acting through the Chief of Engineers, is authorized and
directed to dredge sediments, at 100 percent federal cost, in
the vicinity of the Bailey (NIPSCO) intake structure that is
approximately 5,000 feet east of and 2,300 feet north of the
northern most point of the Burns Waterway Harbor Breakwater
authorized by Public Law 89-298.
Sec. 122. (a) The Secretary of the Army, acting through
the Chief of Engineers, is authorized and directed to transfer
the unexpended balance of funds appropriated in Fiscal Years
2003 and 2004 for the Duck River Water Supply Infrastructure
Project, Cullman, Alabama, to the Appalachian Regional
Commission.
(b) Funds transferred pursuant to subsection (a) of this
section may be used for planning, engineering, and construction
activities on the Duck River Water Supply Infrastructure
Project under the Memorandum of Agreement between the
Appalachian Regional Commission and the Army Corps of Engineers
and may be used to reimburse the City of Cullman, Alabama for
expenses incurred by the City for planning and environmental
work associated with the Project.
Sec. 123. With the funds previously provided under the
account heading ``Flood Control and Coastal Emergencies'', the
Secretary of the Army, acting through the Chief of Engineers,
is directed to provide assistance to Yakutat, Alaska Dam.
Sec. 124. The Secretary of the Army, acting through the
Chief of Engineers, shall not implement changes to existing
shoreline protection policies that have not been specifically
authorized by Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $46,275,000, to remain available until
expended, of which $15,469,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the Interior,
$1,734,000, to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, Indian tribes, and others, $859,481,000, to
remain available until expended, of which $53,299,000 shall be
available for transfer to the Upper Colorado River Basin Fund
and $33,794,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall
be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided
further, That $250,000 is provided under the Weber Basin
project for the Park City, Utah feasibility study: Provided
further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be expended by the
Bureau of Reclamation for site remediation on a non-
reimbursable basis.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $54,695,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until expended, $58,153,000 to
be derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
ADMINSITRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 14 passenger motor
vehicles, of which 11 are for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program-Alternative Repayment Plan'' and the
``SJVDP-Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New Mexico
unless said purchase or lease is in compliance with the
purchase requirements of section 202 of Public Law 106-60.
Sec. 203. Lower Colorado River Basin Development. (a) In
General.--Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the
general fund of the Treasury until each provision of the
revised Stipulation Regarding a Stay and for Ultimate Judgment
Upon the Satisfaction of Conditions, filed in United States
District Court on April 24, 2003, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-WDB
(EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any
amendment or revision thereof, is met.
(b) Payment to General Fund.--If any of the provisions of
the stipulation referred to in subsection (a) are not met by
the date that is 10 years after the date of enactment of this
Act, payments to the general fund of the Treasury shall resume
in accordance with section 403(f) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)).
(c) Authorization.--Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be
returned to the general fund of the Treasury shall not be
expended until further Act of Congress.
Sec. 204. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation. Such leases
may be entered into with an option to purchase: Provided, That
such purchase is approved by the State in which the purchase
takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 205. (a) Notwithstanding any other provision of law
and hereafter, the Secretary of the Interior, acting through
the Commissioner of the Bureau of Reclamation, may not obligate
funds, and may not use discretion, if any, to restrict, reduce
or reallocate any water stored in Heron Reservoir or delivered
pursuant to San Juan-Chama Project contracts, including
execution of said contracts facilitated by the Middle Rio
Grande Project, to meet the requirements of the Endangered
Species Act, unless such water is acquired or otherwise made
available from a willing seller or lessor and the use is in
compliance with the laws of the State of New Mexico, including
but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological
Opinion released by the United States Fish and Wildlife Service
dated March 17, 2003 combined with efforts carried out pursuant
to Public Law 106-377, Public Law 107-66, and Public Law 108-7
fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande
Silvery Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agency and
non-Federal actions addressed in the March 17, 2003 Biological
Opinion.
(d) Subsection (b) will remain in effect until March 16,
2013.
Sec. 206. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to
enter into grants, cooperative agreements, and other agreements
with irrigation or water districts and States to fund up to 50
percent of the cost of planning, designing, and constructing
improvements that will conserve water, increase water use
efficiency, or enhance water management through measurement or
automation, at existing water supply projects within the states
identified in the Act of June 17, 1902, as amended, and
supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in
advance on a non-reimbursable basis to an entity operating
affected transferred works or may be deemed non-reimbursable
for non-transferred works: Provided further, That the
calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but
shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining
such improvements shall be the responsibility of the non-
Federal entity: Provided further, That this section shall not
supercede any existing project-specific funding authority:
Provided further, That the Secretary is also authorized to
enter into grants or cooperative agreements with universities
or non-profit research institutions to fund water use
efficiency research.
Sec. 207. Animas-La Plata Non-Indian Sponsor Obligations.
In accordance with the nontribal repayment obligation specified
in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights
Settlement Act of 1988 (Public Law 100-585), as amended by the
Colorado Ute Settlement Act Amendments of 2000 (Public Law 106-
554), the reimbursable cost upon which the cost allocation
shall be based shall not exceed $43,000,000, plus interest
during construction for those parties not utilizing the up
front payment option, of the first $500,000,000 (January 2003
price level) of the total project costs. Consequently, the
Secretary may forgive the obligation of the non-Indian sponsors
relative to the $163,000,000 increase in estimated total
project costs that occurred in 2003.
Sec. 208. Montana Water Contracts Extension. (a) Authority
To Extend.--The Secretary of the Interior may extend each of
the water contracts listed in subsection (b) until the earlier
of--
(1) the expiration of the 2-year period beginning
on the date on which the contract would expire but for
this section; or
(2) the date on which a new long-term water
contract is executed by the parties to the contract
listed in subsection (b).
(b) Extended Contracts.--The water contracts referred to in
subsection (a) are the following:
(1) Contract Number 14-06-600-2078, as amended, for
purchase of water between the United States of America
and the City of Helena, Montana.
(2) Contract Number 14-06-600-2079, as amended,
between the United States of America and the Helena
Valley Irrigation District for water service.
(3) Contract Number 14-06-600-8734, as amended,
between the United States of America and the Toston
Irrigation District for water service.
(4) Contract Number 14-06-600-3592, as amended,
between the United States and the Clark Canyon Water
Supply Company, Inc., for water service and for a
supplemental supply.
(5) Contract Number 14-06-600-3593, as amended,
between the United States and the East Bench Irrigation
District for water service.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy supply activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 9 passenger motor
vehicles for replacement only, and one ambulance, $946,272,000,
to remain available until expended.
Non-Defense Site Acceleration Completion
For Department of Energy expenses, including the
purchase, construction, and acquisition of plant and capital
equipment and other expenses necessary for non-defense
environmental management site acceleration completion
activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $151,850,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of
1954, as amended, and title X, subtitle A, of the Energy Policy
Act of 1992, $499,007,000, to be derived from the Fund, to
remain available until expended, of which $80,000,000 shall be
available in accordance with title X, subtitle A, of the Energy
Policy Act of 1992.
Non-Defense Environmental Services
For Department of Energy expenses necessary for non-
defense environmental services activities that indirectly
support the accelerated cleanup and closure mission at
environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment
and other necessary expenses, $291,296,000, to remain available
until expended.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not to exceed four passenger motor vehicles for replacement
only, including not to exceed one ambulance, $3,628,902,000, to
remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $346,000,000, to remain available until expended:
Provided, That of the funds made available in this Act for
Nuclear Waste Disposal, $2,000,000 shall be provided to the
State of Nevada solely for expenditures, other than salaries
and expenses of State employees, to conduct scientific
oversight responsibilities and participate in licensing
activities pursuant to the Nuclear Waste Policy Act of 1982,
Public Law 97-425, as amended: Provided further, That
$8,000,000 shall be provided to affected units of local
governments, as defined in Public Law 97-425, to conduct
scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further,
That the distribution of the funds as determined by the units
of local government shall be approved by the Department of
Energy: Provided further, That the funds for the State of
Nevada shall be made available solely to the Nevada Division of
Emergency Management by direct payment and units of local
government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada
Division of Emergency Management and the Governor of the State
of Nevada and each local entity shall provide certification to
the Department of Energy that all funds expended from such
payments have been expended for activities authorized by Public
Law 97-425 and this Act: Provided further, That failure to
provide such certification shall cause such entity to be
prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein
appropriated may be: (1) used directly or indirectly to
influence legislative action on any matter pending before
Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses;
or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions
contained in this Act: Provided further, That all proceeds and
recoveries realized by the Secretary in carrying out activities
authorized by the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended, including but not limited to, any proceeds
from the sale of assets, shall be available without further
appropriation and shall remain available until expended.
Departmental Administration
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $240,426,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
costof work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous revenues
estimated to total $122,000,000 in fiscal year 2005 may be retained and
used for operating expenses within this account, and may remain
available until expended, as authorized by section 201 of Public Law
95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of miscellaneous revenues received during fiscal year 2005, and
any related unappropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2005 appropriation from the general fund estimated at not more
than $118,426,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $41,508,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of not to exceed
19 passenger motor vehicles, for replacement only, including
not to exceed two buses; $6,226,471,000, together with
$300,000,000 to be derived by transfer from the Department of
Defense, to remain available until expended: Provided, That the
Secretary of Defense shall reduce proportionately each program,
project, and activity funded by appropriations in titles I
through VI of the Department of Defense Appropriations Act,
2005 (Public Law 108-287) to fund this transfer: Provided
further, That $91,100,000 is authorized to be appropriated for
Project 01-D-108, Microsystems and engineering sciences
applications (MESA), Sandia National Laboratories, Albuquerque,
New Mexico: Provided further, That $40,000,000 is authorized to
be appropriated for Project 04-D-125, chemistry and metallurgy
facility replacement project, Los Alamos Laboratory, Los
Alamos, New Mexico: Provided further, That $1,500,000 is
authorized to be appropriated for Project 04-D-103, Project
engineering and design (PED), various locations: Provided
further, That a plant or construction project for which amounts
are made available under this heading but not exclusive to the
Atomic Energy Defense Weapons Activities account, with a
current estimated cost of less than $10,000,000 is considered
for purposes of section 3622 of Public Law 107-314 as a plant
project for which the approved total estimated cost does not
exceed the minor construction threshold and for purposes of
section 3623 of Public Law 107-314 as a construction project
with a current estimated cost of less than the minor
construction threshold.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,420,397,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $807,900,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $356,200,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Site Acceleration Completion
For Department of Energy expenses, including the
purchase, construction, and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense site acceleration completion activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $6,096,429,000, to
remain available until expended.
Defense Environmental Services
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly
support the accelerated cleanup and closure mission at
environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment
and other necessary expenses, and the purchase of not to exceed
three ambulances for replacement only, $937,976,000, to remain
available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $692,691,000, to
remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $231,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount not
to exceed $1,500. During fiscal year 2005, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,200,000, to remain available until
expended: Provided, That notwithstanding the provisions of 31
U.S.C. 3302, up to $34,000,000 collected by the Southeastern
Power Administration pursuant to the Flood Control Act of 1944
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out the provisions of section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $29,352,000, to remain available until expended:
Provided, That, notwithstanding the provisions of 31 U.S.C.
3302, up to $2,900,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C.
3302, beginning in fiscal year 2005 and thereafter, such funds
as are received by the Southwestern Power Administration from
any State, municipality, corporation, association, firm,
district, or individual as advance payment for work that is
associated with Southwestern's transmission facilities,
consistent with that authorized in section 5 of the Flood
Control Act, shall be credited to this account and be available
until expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including official
reception and representation expenses in an amount not to
exceed $1,500; $173,100,000, to remain available until
expended, of which $167,236,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That of
the amount herein appropriated, $10,000,000 shall be available
until expended on a nonreimbursable basis to the Western Area
Power Administration to design, construct, operate and maintain
transmission facilities and services for the Animas-LaPlata
Project as authorized by section 301(b)(10) of Public Law 106-
554: Provided further, That of the amount herein appropriated,
$6,200,000 is for deposit into the Utah Reclamation Mitigation
and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That of the amount herein appropriated,
$6,000,000 shall be available until expended on a
nonreimbursable basis to the Western Area Power Administration
for Topock-Davis-Mead Transmission Line Upgrades: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $227,600,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,827,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses (not to exceed $3,000), $210,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $210,000,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2005 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2005 or any previous fiscal
year may be used to make payments for a noncompetitive
management and operating contract unless the Secretary of
Energy has published in the Federal Register and submitted to
the Committees on Appropriations of the House of
Representatives and the Senate a written notification, with
respect to each such contract, of the Secretary's decision to
use competitive procedures for the award of the contract, or to
not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up
to two years of a noncompetitive management and operating
contract, if the extension is for purposes of allowing time to
award competitively a new contract, to provide continuity of
service between contracts, or to complete a contract that will
not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and
operating contract'' means a contract that was awarded
more than 50 years ago without competition for the
management and operation of Ames Laboratory, Argonne
National Laboratory, Lawrence Berkeley National
Laboratory, Lawrence Livermore National Laboratory, and
Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the
meaning provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403) and includes
procedures described in section 303 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a
proposal from only one source.
(c) For all management and operating contracts other than
those listed in subsection (b)(1), none of the funds
appropriated by this Act may be used to award a management and
operating contract, or award a significant extension or
expansion to an existing management and operating contract,
unless such contract is awarded using competitive procedures or
the Secretary of Energy grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Secretary may not
delegate the authority to grant such a waiver. At least 60 days
before a contract award for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report notifying the Committees of the waiver
and setting forth, in specificity, the substantive reasons why
the Secretary believes the requirement for competition should
be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or
(2) provide enhanced severance payments or other
benefits for employees of the Department of Energy,
under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the funds made available for obligation by this
Act for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42
U.S.C. 7274h) unless the Department of Energy submits a
reprogramming request subject to approval by the appropriate
congressional committees.
Sec. 304. None of the funds appropriated by this Act may
be used to prepare or initiate Requests For Proposals (RFPs)
for a program if the program has not been funded by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this title. Balances so transferred may be merged with funds
in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may be
used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service
territory, with the exception of services provided
internationally, including services provided on a reimbursable
basis, unless the Administrator certifies in advance that such
services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user
facility available to universities or other potential users, or
seeks input from universities or other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user facility
as described in section 2203(a)(2) of the Energy Policy Act of
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility
designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of a covered
nuclear weapons research, development, testing or production
facility to engage in research, development, and demonstration
activities with respect to the engineering and manufacturing
capabilities at such facility in order to maintain and enhance
such capabilities at such facility: Provided, That of the
amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy
for such fiscal year for national security programs, not more
than an amount equal to 2 percent of such amount may be used
for these activities: Provided further, That for purposes of
this section, the term ``covered nuclear weapons facility''
means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2005 until the enactment of the Intelligence Authorization
Act for fiscal year 2005.
Sec. 310. (a) The Secretary of Energy was directed to file
a permit modification to the Waste Analysis Plan (WAP) and
associated provisions contained in the Hazardous Waste Facility
Permit for the Waste Isolation Pilot Plant (WIPP). For purposes
of determining hereafter compliance of the modifications to the
WAP with the hazardous waste analysis requirements of the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), or other
applicable laws waste confirmation for all waste received for
storage and disposal shall be limited to: (1) confirmation that
the waste contains no ignitable, corrosive, or reactive waste
through the use of either radiography or visual examination of
a statistically representative subpopulation of the waste; and
(2) review of the Waste Stream Profile Form to verify that the
waste contains no ignitable, corrosive, or reactive waste and
that assigned Environmental Protection Agency hazardous waste
numbers are allowed for storage and disposal by the WIPP
Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP hereafter shall be demonstrated exclusively by
monitoring airborne volatile organic compounds in underground
disposal rooms in which waste has been emplaced until panel
closure.
Sec. 311. Section 3113 of Public Law 102-486 (42 U.S.C.
2297h-11) is amended by adding a new paragraph (4) to
subsection (a), as follows:
``(4) In the event that a licensee requests the
Secretary to accept for disposal depleted uranium
pursuant to this subsection, the Secretary shall be
required to take title to and possession of such
depleted uranium at an existing DUF6 storage
facility.''.
Sec. 312. The Department of Energy may use the funds
appropriated by this Act to undertake any procurement action
necessary to achieve its small business contracting goals set
forth in Section (g) of the Small Business Act, 15 U.S.C.
Sec. 644(g): Provided, That, none of the funds appropriated by
this Act may be used by the Department of Energy for
procurement actions resulting from the break-out of
requirements from current facility management and operating
contracts unless, consistent with requirements of Subpart 19.4
of the Federal Acquisition Regulation, the Secretary of Energy
or his duly authorized designee formally requests, considers,
and renders an appropriate decision on the views of the Small
Business Administration Breakout Procurement Center
Representative or the Representative's duly authorized designee
concerning cost effectiveness, mission performance, security,
safety, small business participation, and other legitimate
acquisition objectives of procurement actions at issue. No
later than April 1, 2005, the Secretary of Energy shall submit
a report to the Comptroller General and to Congress discussing
the Secretary's plans required by Section 15(h) of the Small
Business Act, 15 U.S.C. Sec. 644(h), for meeting the
Department's statutory small business contracting goals while
taking into account other legitimate acquisition objectives. In
preparing the report, the Secretary shall request and consider
the views of the Administrator of the Small Business
Administration and the Director of the Office of Small and
Disadvantaged Business Utilization of the Department of Energy.
The report shall discuss the Department's policies and
activities concerning break-outs of procurement requirements
from current management and operating contracts, consistent
with requirements of this Act, Section 15(h) of the Small
Business Act, and Subpart 19.4 of the Federal Acquisition
Regulations.
Sec. 313. None of the funds appropriated by this Act may be
used by the Department of Energy to require its management and
operating contractors to perform contract management,
oversight, or administration functions prohibited by Section
7.503 of the Federal Acquisition Regulation in connection with
any small business prime contract awarded by the Department of
Energy.
Sec. 314. None of the funds in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot Plant
which contains concentrations of plutonium in excess of 20
percent by weight for the aggregate of any material category on
the date of enactment of this Act, or is generated after such
date. For the purpose of this section, the material categories
of transuranic waste at the Rocky Flats Environmental
Technology Site include: (1) ash residues; (2) salt residue;
(3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact
Statement on Management of Certain Plutonium Residues and Scrub
Alloy Stored at the Rocky Flats Environmental Technology
Site''.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, for necessary expenses for the Federal Co-Chairman and
the alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of
the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $66,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $20,268,000, to remain available until expended.
Delta Regional Authority
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), and 382M(b) of said Act,
$6,048,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $67,000,000
nothwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998, $2,500,000, to remain
available until expended: Provided, That of the amounts
provided to the Denali Commission, $5,000,000 is for community
showers and washeteria in villages with homes with no running
water; $13,000,000 is for the Juneau/Green's Creek/Hoonah
Intertie project; $3,200,000 is for the Swan Lake/Tyee Intertie
project; $5,000,000 is for multi-purpose community facilities
including the Bering Straits Region, Dillingham, Moose Pass,
Sterling, Funny River, Eclutna, and Anchor Point; $10,000,000
is for teacher housing in remote villages such as Savoogna,
Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby where there
is limited housing available for teachers; $10,000,000 is for
facilities serving Native elders and senior citizens; and
$5,000,000 is for (1) the Rural Communications service to
provide broadcast facilities in communities with no television
or radio station, (2) the Public Broadcasting Digital
Distribution Network to link rural broadcasting facilities
together to improve economies of scale, share programming, and
reduce operating costs and (3) rural public broadcasting
facilities and equipment upgrades.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $662,777,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $69,050,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $534,354,000 in fiscal year 2005 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation estimated at not more than
$128,423,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $7,518,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $6,766,200 in fiscal year 2005 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2005 so as to result in a final fiscal year 2005 appropriation
estimated at not more than $751,800.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,177,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 503. None of the funds made available in this Act may
be used to deny requests for the public release of documents or
evidence obtained through or in the Western Energy Markets:
Enron Investigation (Docket No. PA02-2), the California Refund
case (Docket No. EL00-95), the Anomalous Bidding Investigation
(Docket No. IN03-10), or the Physical Withholding
Investigation.
Sec. 504. Extension of Prohibition of Oil and Gas Drilling
in the Great Lakes. Section 503 of the Energy and Water
Development Appropriations Act, 2002, (115 Stat. 512), as
amended, is amended by striking ``2005'' and inserting in lieu
thereof ``2007''.
Sec. 505. The Secretary of the Army is hereby authorized,
without further appropriation, to transfer and advance funds to
the Administrator of the Bonneville Power Administration for
the purposes necessary to carry out joint activities in
connection with Section 2406 of the Energy Policy Act of 1992.
Sec. 506. Voting Method for Delta Regional Authority.
Section 382B(c)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(c)(1)) is amended--
(1) in subparagraph (A), by striking ``2004'' and
inserting ``2008''; and
(2) in subparagraph (B), by striking ``2005'' and
inserting ``2009''.
TITLE VI--REFORM OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY
AUTHORITY
SEC. 601. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831
et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board')
shall be composed of 9 members appointed by the
President by and with the advice and consent of the
Senate, at least 7 of whom shall be a legal resident of
the service area of the Corporation.
``(2) Chairman.--The members of the Board shall
select 1 of the members to act as chairman of the
Board.
``(b) Qualifications.--To be eligible to be appointed as a
member of the Board, an individual--
``(1) shall be a citizen of the United States;
``(2) shall have management expertise relative to a
large for-profit or nonprofit corporate, government, or
academic structure;
``(3) shall not be an employee of the Corporation;
``(4) shall make full disclosure to Congress of any
investment or other financial interest that the
individual holds in the energy industry; and
``(5) shall affirm support for the objectives and
missions of the Corporation, including being a national
leader in technological innovation, low-cost power, and
environmental stewardship.
``(c) Recommendations.--In appointing members of the Board,
the President shall--
``(1) consider recommendations from such public
officials as--
``(A) the Governors of States in the
service area;
``(B) individual citizens;
``(C) business, industrial, labor, electric
power distribution, environmental, civic, and
service organizations; and
``(D) the congressional delegations of the
States in the service area; and
``(2) seek qualified members from among persons who
reflect the diversity, including the geographical
diversity, and needs of the service area of the
Corporation.
``(d) Terms.--
``(1) In general.--A member of the Board shall
serve a term of 5 years. A member of the Board whose
term has expired may continue to serve after the
member's term has expired until the date on which a
successor takes office, except that the member shall
not serve beyond the end of the session of Congress in
which the term of the member expires.
``(2) Vacancies.--A member appointed to fill a
vacancy on the Board occurring before the expiration of
the term for which the predecessor of the member was
appointed shall be appointed for the remainder of that
term.
``(e) Quorum.--
``(1) In general.--Five of the members of the Board
shall constitute a quorum for the transaction of
business.
``(2) Vacancies.--A vacancy on the Board shall not
impair the power of the Board to act.
``(f) Compensation.--
``(1) In general.--A member of the Board shall be
entitled to receive--
``(A) a stipend of--
``(i) $45,000 per year; or
``(ii)(I) in the case of the
chairman of any committee of the Board
created by the Board, $46,000 per year;
or
``(II) in the case of the chairman
of the Board, $50,000 per year; and
``(B) travel expenses, including per diem
in lieu of subsistence, in the same manner as
persons employed intermittently in Government
service under section 5703 of title 5, United
States Code.
``(2) Adjustments in stipends.--The amount of the
stipend under paragraph (1)(A)(i) shall be adjusted by
the same percentage, at the same time and manner, and
subject to the same limitations as are applicable to
adjustments under section 5318 of title 5, United
States Code.
``(g) Duties.--
``(1) In general.--The Board shall--
``(A) establish the broad goals,
objectives, and policies of the Corporation
that are appropriate to carry out this Act;
``(B) develop long-range plans to guide the
Corporation in achieving the goals, objectives,
and policies of the Corporation and provide
assistance to the chief executive officer to
achieve those goals, objectives, and policies;
``(C) ensure that those goals, objectives,
and policies are achieved;
``(D) approve an annual budget for the
Corporation;
``(E) adopt and submit to Congress a
conflict-of-interest policy applicable to
members of the Board and employees of the
Corporation;
``(F) establish a compensation plan for
employees of the Corporation in accordance with
subsection (i);
``(G) approve all compensation (including
salary or any other pay, bonuses, benefits,
incentives, and any other form of remuneration)
of all managers and technical personnel that
report directly to the chief executive officer
(including any adjustment to compensation);
``(H) ensure that all activities of the
Corporation are carried out in compliance with
applicable law;
``(I) create an audit committee, composed
solely of Board members independent of the
management of the Corporation, which shall--
``(i) in consultation with the
inspector general of the Corporation,
recommend to the Board an external
auditor;
``(ii) receive and review reports
from the external auditor of the
Corporation and inspector general of
the Corporation; and
``(iii) make such recommendations
to the Board as the audit committee
considers necessary;
``(J) create such other committees of Board
members as the Board considers to be
appropriate;
``(K) conduct such public hearings as it
deems appropriate on issues that could have a
substantial effect on--
``(i) the electric ratepayers in
the service area; or
``(ii) the economic, environmental,
social, or physical well-being of the
people of the service area;
``(L) establish the electricity rates
charged by the Corporation; and
``(M) engage the services of an external
auditor for the Corporation.
``(2) Meetings.--The Board shall meet at least 4
times each year.
``(h) Chief Executive Officer.--
``(1) Appointment.--The Board shall appoint a
person to serve as chief executive officer of the
Corporation.
``(2) Qualifications.--
``(A) In general.--To serve as chief
executive officer of the Corporation, a
person--
``(i) shall have senior executive-
level management experience in large,
complex organizations;
``(ii) shall not be a current
member of the Board or have served as a
member of the Board within 2 years
before being appointed chief executive
officer; and
``(iii) shall comply with the
conflict-of-interest policy adopted by
the Board.
``(B) Expertise.--In appointing a chief
executive officer, the Board shall give
particular consideration to appointing an
individual with expertise in the electric
industry and with strong financial skills.
``(3) Tenure.--The chief executive officer shall
serve at the pleasure of the Board.
``(i) Compensation Plan.--
``(1) In general.--The Board shall approve a
compensation plan that specifies all compensation
(including salary or any other pay, bonuses, benefits,
incentives, and any other form of remuneration) for the
chief executive officer and employees of the
Corporation.
``(2) Annual survey.--The compensation plan shall
be based on an annual survey of the prevailing
compensation for similar positions in private industry,
including engineering and electric utility companies,
publicly owned electric utilities, and Federal, State,
and local governments.
``(3) Considerations.--The compensation plan shall
provide that education, experience, level of
responsibility, geographic differences, and retention
and recruitment needs will be taken into account in
determining compensation of employees.
``(4) Positions at or below level iv.--The chief
executive officer shall determine the salary and
benefits of employees whose annual salary is not
greater than the annual rate payable for positions at
level IV of the Executive Schedule under section 5315
of title 5, United States Code.
``(5) Positions above level iv.--On the
recommendation of the chief executive officer, the
Board shall approve the salaries of employees whose
annual salaries would be in excess of the annual rate
payable for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.''.
SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.
Section 3 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831b) is amended--
(1) by striking the first undesignated paragraph
and inserting the following:
``(a) Appointment by the Chief Executive Officer.--The
chief executive officer shall appoint, with the advice and
consent of the Board, and without regard to the provisions of
the civil service laws applicable to officers and employees of
the United States, such managers, assistant managers, officers,
employees, attorneys, and agents as are necessary for the
transaction of the business of the Corporation.''; and
(2) by striking ``All contracts'' and inserting the
following:
``(b) Wage Rates.--All contracts''.
SEC. 603. CONFORMING AMENDMENTS.
(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) is amended--
(1) by striking ``board of directors'' each place
it appears and inserting ``Board of Directors''; and
(2) by striking ``board'' each place it appears and
inserting ``Board''.
(b) Section 9 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831h) is amended--
(1) by striking ``The Comptroller General of the
United States shall audit'' and inserting the
following:
``(c) Audits.--The Comptroller General of the United States
shall audit''; and
(2) by striking ``The Corporation shall determine''
and inserting the following:
``(d) Administrative Accounts and Business Documents.--The
Corporation shall determine''.
(c) Title 5, United States Code, is amended--
(1) in section 5314, by striking ``Chairman, Board
of Directors of the Tennessee Valley Authority.''; and
(2) in section 5315, by striking ``Members, Board
of Directors of the Tennessee Valley Authority.''.
SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION.
(a) Appointments.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the President shall
submit to the Senate nominations of 6 persons to serve
as members of the Board of Directors of the Tennessee
Valley Authority in addition to the members serving on
the date of enactment of this Act.
(2) Initial terms.--Notwithstanding section 2(d) of
the Tennessee Valley Authority Act of 1933 (as amended
by this title), in making the appointments under
paragraph (1), the President shall appoint--
(A) 2 members for a term to expire on May
18, 2007;
(B) 2 members for a term to expire on May
18, 2009; and
(C) 2 members for a term to expire on May
18, 2011.
(b) Effective Date.--The amendments made by this title take
effect on the later of--
(1) the date on which at least 3 persons nominated
under subsection (a) take office; or
(2) May 18, 2005.
(c) Selection of Chairman.--The Board of Directors of the
Tennessee Valley Authority shall select 1 of the members to act
as chairman of the Board not later than 30 days after the
effective date specified in subsection (b).
(d) Conflict-of-Interest Policy.--The Board of Directors of
the Tennessee Valley Authority shall adopt and submit to
Congress a conflict-of-interest policy, as required by section
2(g)(1)(E) of the Tennessee Valley Authority Act of 1933 (as
amended by this title), as soon as practicable after the
effective date specified in subsection (b).
(e) Transition.--A person who is serving as a member of the
board of directors of the Tennessee Valley Authority on the
date of enactment of this Act--
(1) shall continue to serve until the end of the
current term of the member; but
(2) after the effective date specified in
subsection (b), shall serve under the terms of the
Tennessee Valley Authority Act of 1933 (as amended by
this title).
This Division may be cited as the ``Energy and
Water Development Appropriations Act, 2005''.
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
October 1, 2005.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $59,800,000, to remain
available until September 30, 2008: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2023 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2005, 2006, 2007, and 2008: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof: Provided further, That not
later than 30 days after the date of enactment of this Act, the
Export-Import Bank shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate,
containing an analysis of the economic impact on United States
producers of ethanol of the extension of credit and financial
guarantees for the development of an ethanol dehydration plant
in Trinidad and Tobago, including a determination of whether
such extension will cause substantial injury to such producers,
as defined in section 2(e)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(e)(4)).
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$73,200,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That, notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2005.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $42,885,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2005 and 2006: Provided further, That such
sums shall remain available through fiscal year 2013 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2005, and through fiscal year 2014 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2006:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized
to undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification procedures
of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $51,500,000,
to remain available until September 30, 2006.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2005,
unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,550,000,000, to remain
available until September 30, 2006: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may be
made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated
under this heading, not to exceed $250,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $345,000,000 for child survival and
maternal health; $30,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS including not less than $30,000,000
to support the development of microbicides as a means for
combating HIV/AIDS; $200,000,000 for other infectious diseases;
and $375,000,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, and in addition to
funds allocated under the previous proviso, not less than
$250,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That of the funds appropriated under this heading in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, that were withheld from obligation to
the Global Fund, not less than $87,800,000 shall be made
available to the Global Fund, notwithstanding section 202(d)(4)
of Public Law 108-25 which required such withholding from the
Global Fund in fiscal year 2004: Provided further, That the
funds made available in the previous proviso shall be subject
to any withholding required by section 202(d)(4) of Public Law
108-25 for contributions made to the Global Fund in fiscal year
2005: Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal
year 2005 may be made available to the United States Agency for
International Development for technical assistance related to
the activities of the Global Fund: Provided further, That of
the funds appropriated under this heading that are available
for HIV/AIDS programs and activities, not less than $27,000,000
should be made available for the International AIDS Vaccine
Initiative: Provided further, That of the funds appropriated
under this heading, $65,000,000 should be made available for a
United States contribution to The Vaccine Fund, and up to
$6,000,000 may be transferred to and merged with funds
appropriated by this Act under the heading ``Operating Expenses
of the United States Agency for International Development'' for
costs directly related to international health, but funds made
available for such costs may not be derived from amounts made
available for contribution under this and preceding provisos:
Provided further, That none of the funds made available in this
Act nor any unobligated balances from prior appropriations may
be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this Act may be used to
pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance
Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to
quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not
be construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the
right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual's decision not to accept family planning
services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those
adverse side effects known to be consequent to theuse of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided
only in the context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than 60 days
after the date on which the Administrator of the United States Agency
for International Development determines that there has been a
violation of the requirements contained in paragraph (1), (2), (3), or
(5) of this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options: Provided
further, That to the maximum extent feasible, taking into consideration
cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only for the
procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,460,000,000, to remain
available until September 30, 2006: Provided, That $194,000,000
should be allocated for trade capacity building: Provided
further, That $300,000,000 should be allocated for basic
education: Provided further, That of the funds appropriated
under this heading and managed by the United States Agency for
International Development Bureau of Democracy, Conflict, and
Humanitarian Assistance, not less than $15,000,000 shall be
made available only for programs to improve women's leadership
capacity in recipient countries: Provided further, That such
funds may not be made available for construction: Provided
further, That of the aggregate amount of the funds appropriated
by this Act that are made available for agriculture and rural
development programs, $25,000,000 should be made available for
plant biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center:
Provided further, That of the funds appropriated under this
heading, not less than $20,000,000 should be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and
orphaned children and victims of war, not to exceed $37,500, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of such programs:
Provided further, That funds appropriated under this heading
should be made available for programs in sub-Saharan Africa to
address sexual and gender-based violence: Provided further,
That of the funds appropriated under this heading, $2,000,000
should be made available to develop clean water treatment
activities in developing countries: Provided further, That of
the funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related
activities.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $335,500,000, to remain available
until expended.
In addition, for necessary expenses for assistance for
famine prevention and relief, including for mitigation of the
effects of famine, $34,500,000, to remain available until
expended: Provided, That such funds shall be made available
utilizing the general authorities of section 491 of the Foreign
Assistance Act of 1961, and shall be in addition to amounts
otherwise available for such purposes: Provided further, That
funds appropriated by this paragraph shall be available for
obligation subject to prior consultation with the Committees on
Appropriations.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $49,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to
the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry outpart I of such Act and
under the heading ``Assistance for Eastern Europe and the Baltic
States'': Provided, That such funds shall not exceed $21,000,000, which
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $42,500,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$618,000,000, of which up to $25,000,000 may remain available
until September 30, 2006: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2006: Provided further, That none of the funds in
this Act may be used to open a new overseas mission of the
United States Agency for International Development without the
prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$59,000,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the amounts
appropriated under this heading, not to exceed $19,709,000 may
be made available for the purposes of implementing the Capital
Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $35,000,000,
to remain available until September 30, 2006, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,482,500,000, to remain available until
September 30, 2006: Provided, That of the funds appropriated
under this heading, not less than $360,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $535,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which $200,000,000 should be provided as
Commodity Import Program assistance: Provided further, That
with respect to the provision of assistance for Egypt for
democracy and governance activities, the organizations
implementing such assistance and the specific nature of that
assistance shall not be subject to the prior approval by the
Government of Egypt: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional
to the fiscal year 1999 agreement: Provided further, That of
the funds appropriated under this heading, not less than
$250,000,000 should be made available only for assistance for
Jordan: Provided further, That $13,500,000 of the funds
appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunalprojects, and measures
aimed at reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities on
Cyprus: Provided further, That $35,000,000 of the funds appropriated
under this heading shall be made available for assistance for Lebanon,
of which not less than $4,000,000 should be made available for
scholarships and direct support of American educational institutions in
Lebanon: Provided further, That funds appropriated under this heading
may be used, notwithstanding any other provision of law, to provide
assistance to the National Democratic Alliance of Sudan to strengthen
its ability to protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its militia allies,
and the provision of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That in the previous proviso, the term ``assistance'' includes
non-lethal, non-food aid such as blankets, medicine, fuel, mobile
clinics, water drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles, tents, and
shoes: Provided further, That not to exceed $200,000,000 of the funds
appropriated under this heading may be used for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of modifying
direct loans and guarantees for Pakistan: Provided further, That
amounts that are made available under the previous proviso for the
costs of modifying direct loans and guarantees shall not be considered
``assistance'' for the purposes of provisions of law limiting
assistance to a country: Provided further, That of the funds
appropriated under this heading, not less than $22,000,000 shall be
made available for assistance for the Democratic Republic of Timor-
Leste, of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That of the funds available under this heading for
assistance for Indonesia, $3,000,000 should be made available to
promote freedom of the media in Indonesia: Provided further, That of
the funds appropriated under this heading, $5,000,000 shall be made
available to continue to support the provision of wheelchairs for needy
persons in developing countries: Provided further, That funds
appropriated under this heading that are made available for a Middle
East Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That with respect to funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$18,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2006.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $396,600,000, to remain
available until September 30, 2006, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That of the funds appropriated under this heading
that are made available for assistance for Bulgaria, $2,000,000
should be made available to enhance safety at nuclear power
plants.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 529 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $560,000,000, to remain available until September 30,
2006: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and
Nagorno-Karabagh: Provided further, That of the funds
appropriated under this heading, $3,859,000 should be available
only to meet the health and other assistance needs of victims
of trafficking in persons: Provided further, That of the funds
appropriated under this heading, $17,500,000 shall be made
available solely for assistance for the Russian Far East:
Provided further, That, notwithstanding any other provision of
law, funds appropriated under this heading in this Act or prior
Acts making appropriations for foreign operations, export
financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102-511
shall be subject to a 6 percent ceiling on administrative
expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$5,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs.
(c) Of the funds appropriated under this heading, not less
than $55,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat
HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(d)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government ofthe Russian
Federation, 60 percent shall be withheld from obligation until the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation:
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $18,000,000,
to remain available until September 30, 2006.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $19,000,000, to remain available until
September 30, 2006: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $320,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2006.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the ``Millennium Challenge
Corporation'', $1,500,000,000, to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $50,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That none of the funds appropriated under this heading
may be made available for the provision of assistance until the
Chief Executive Officer of the Millennium Challenge Corporation
provides a written budget justification to the Committees on
Appropriations: Provided further, That up to 10 percent of the
funds appropriated under this heading may be made available to
carry out the purposes of section 616 of the Millennium
Challenge Act of 2003: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium
Challenge Corporation provides a report to the Committees on
Appropriations listing the candidate countries that will be
receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of
the proposed programs, projects and activities, and the
implementing agency or agencies of the United States
Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading, and funds appropriated under
this heading in division D of Public Law 108-199, may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact: Provided further, That the
previous proviso shall be effective on the date of enactment of
this Act.
Department of State
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $1,385,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, not more than $8,818,000 may
be made available for administrative expenses of the Office of
the Coordinator of United States Government Activities to
Combat HIV/AIDS Globally of the Department of State: Provided
further, That of the funds appropriated under this heading,not
less than $27,000,000 should be made available for a United States
contribution to UNAIDS.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $328,820,000, to remain
available until September 30, 2007: Provided, That during
fiscal year 2005, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That of the funds appropriated under this heading, not
less than $11,900,000 should be made available for training
programs and activities of the International Law Enforcement
Academies: Provided further, That of the funds appropriated
under this heading, not less than $4,000,000 should be made
available for assistance for the Philippines for police
training and other related activities: Provided further, That
$10,000,000 of the funds appropriated under this heading shall
be made available for demand reduction programs: Provided
further, That $40,000,000 of the funds appropriated under this
heading should be made available for assistance for Mexico:
Provided further, That $10,500,000 of the funds appropriated
under this heading should be made available for assistance for
countries and programs in Africa: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for assistance for the Government of Malta for the
purchase of helicopters to enhance its ability to control its
borders and deter terrorists: Provided further, That of the
funds appropriated under this heading, not more than
$30,300,000 may be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $731,000,000,
to remain available until September 30, 2007: Provided, That in
fiscal year 2005, funds available to the Department of State
for assistance to the Government of Colombia shall be available
to support a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC), and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided further, That this authority shall cease to be
effective if the Secretary of State has credible evidence that
the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of
the funds appropriated by this Act may be made available to
support a Peruvian air interdiction program until the Secretary
of State and Director of Central Intelligence certify to the
Congress, 30 days before any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001 incident: Provided
further, That the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 45 days after the date of the enactment of this
Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds
under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That
of the funds appropriated under this heading, not less than
$264,600,000 shall be made available for alternative
development/institution building, of which $237,000,000 shall
be apportioned directly to the United States Agency for
International Development, including $125,700,000 for
assistance for Colombia: Provided further, That with respect to
funds apportioned to the United States Agency for International
Development under the previous proviso, the responsibility for
policy decisions for the use of such funds, including what
activities will be funded and the amount of funds that will be
provided for each of those activities, shall be the
responsibility of the Administrator of the United States Agency
for International Development in consultation with the
Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs: Provided further, That of the funds
appropriated under this heading, not less than $6,000,000
should be made available for judicial reform programs in
Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available
pursuant to the previous proviso, not less than $6,000,000
shall be made available to the United States Agency for
International Development for organizations and programs to
protect human rights: Provided further, That funds made
available in this Act for demobilization/reintegration of
members of foreign terrorist organizations in Colombia shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may be
made available for such programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the
herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and with
Colombian laws; and (2) the herbicide mixture, in the manner it
is being used, does not pose unreasonable risks or adverse
effects to humans or the environment: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
fumigation are evaluated and fair compensation is being paid
for meritorious claims: Provided further, That such funds may
not be made available for such purposes unless programs are
being implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, $2,000,000 should be made
available through nongovernmental organizations for programs to
protect biodiversity and indigenous reserves in Colombia:
Provided further, That funds appropriated by this Act may be
used for aerial fumigation in Colombia's national parks or
reserves only if the Secretary of State determines that it is
in accordance with Colombian laws and that there are no
effective alternatives to reduce drug cultivation in these
areas: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided
with funds appropriatedunder this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
no United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available by this Act for
Colombia: Provided further, That funds appropriated under this heading
that are available for assistance for the Bolivian military and police
may be made available for such purposes only if the Bolivian military
and police are respecting human rights and cooperating with civilian
judicial authorities, and the Bolivian Government is prosecuting and
punishing those responsible for violations of human rights: Provided
further, That of the funds appropriated under this heading, not more
than $16,285,000 may be available for administrative expenses of the
Department of State, and not more than $7,800,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $770,000,000, which shall remain
available until expended: Provided, That not more than
$22,000,000 may be available for administrative expenses:
Provided further, That not less than $50,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel: Provided further, That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain
available until expended: Provided, That funds made available
under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of such Act which would
limit the amount of funds which could be appropriated for this
purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$402,000,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $32,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That funds available during
fiscal year 2005 for a contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission and that are not
necessary to make the United States contribution to the
Commission in the amount assessed for fiscal year 2005 shall be
made available for a voluntary contribution to the
International Atomic Energy Agency and shall remain available
until September 30, 2006: Provided further, That of the funds
made available for demining and related activities, not to
exceed $690,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of the demining program:
Provided further, That funds appropriated under this heading
that are available for ``Anti-terrorism Assistance'' and
``Export Control and Border Security'' shall remain available
until September 30, 2006.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $19,000,000,
to remain available until September 30, 2007, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, and of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $100,000,000, to remain available until September
30, 2007: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That up to $75,000,000 of the
funds appropriated under this heading may be used by the
Secretary of the Treasury to pay to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the International
Bank for Reconstruction and Development amounts for the benefit
of countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section 1000(a)(5)
of Public Law 106-113: Provided further, That amounts paidto
the HIPC Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office: Provided further, That none of the
funds appropriated under this heading may be paid to the HIPC
Trust Fund for the benefit of any country that has accepted
loans from an international financial institution between such
country's decision point and completion point: Provided
further, That the terms ``decision point'' and ``completion
point'' shall have the same meaning as defined by the
International Monetary Fund.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $89,730,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training, and funds made available for Haiti, the
Democratic Republic of the Congo, and Nigeria may only be
provided through the regular notification procedures of the
Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,783,500,000: Provided, That of the funds
appropriated under this heading, not less than $2,220,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$580,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made
available for assistance for Jordan: Provided further, That in
addition to the funds appropriated under this heading, up to
$150,000,000 for assistance for Pakistan may be derived by
transfer from unobligated balances of funds appropriated under
the headings ``Economic Support Fund'' and ``Foreign Military
Financing Program'' in prior appropriations Acts and not
otherwise designated in those Acts for a specific country, use,
or purpose: Provided further, That of the funds appropriated
under this heading, not more than $2,000,000 may be made
available for assistance for Uganda and only for non-lethal
military equipment if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uganda has made significant progress in: (1) the protection
of human rights, especially preventing acts of torture; (2) the
protection of civilians in northern and eastern Uganda; and (3)
the professionalization of the Ugandan armed forces: Provided
further, That funds appropriated or otherwise made available by
this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code, section
1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Guatemala: Provided further, That none
of the funds appropriated under this heading may be made
available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$40,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $367,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2005 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2005 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$104,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global
Environment Facility, $107,500,000 to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $850,000,000, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $11,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $4,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,532,933.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $106,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,431,111 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$121,996,662.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,000,000, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $328,394,000: Provided, That none of
the funds appropriated under this heading may be made available
to the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 502. None of the funds appropriated by this Act may be
made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations
Development Program) if the United Nations implements or
imposes any taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs
of administering military assistance and sales under the
heading ``Foreign Military Financing Program'', not to exceed
$4,000 shall be available for entertainment expenses and not to
exceed $130,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ``International Military
Education and Training'', not to exceed $55,000 shall be
available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2005 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2006 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
TRANSFERS
Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than five days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
(c) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapters 4,
6, 8, and 9 of part II of the Foreign Assistance Act of 1961,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
one calendar year in payment to the United States of principal
or interest on any loan made to the government of such country
by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the
Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses
of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for
International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'' (by country
only), ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for
obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in
excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations of both Houses
of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2006.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to Europe and Eurasia and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION OF FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2005, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or Cambodia except as provided through the regular
notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title II
of this Act, not less than $441,000,000 shall be made available
for family planning/reproductive health.
AFGHANISTAN
Sec. 523. Of the funds appropriated by titles II and III of
this Act, not less than $980,000,000 should be made available
for humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $2,000,000 should be
made available for reforestation activities: Provided further,
That funds made available pursuant to the previous proviso
should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds made available pursuant to this
section, not less than $2,000,000 should be made available for
the Afghan Independent Human Rights Commission and for other
Afghan human rights organizations: Provided further, That to
the maximum extent practicable members of the Afghan National
Army should be vetted for involvement in terrorism, human
rights violations, and drug trafficking: Provided further, That
of the funds allocated for assistance for Afghanistan from this
Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal
year 2005, not less than $50,000,000 should be made available
to support programs that directly address the needs of Afghan
women and girls, of which not less than $7,500,000 shall be
made available for small grants to support training and
equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of
such organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excessdefense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
HIV/AIDS
Sec. 525. (a)(1) Notwithstanding any other provision of
this Act, 25 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(A) is establishing a full time, professional,
independent office which reports directly to the Global
Fund Board regarding, among other things, the integrity
of processes for consideration and approval of grant
proposals, and the implementation, monitoring and
evaluation of grants made by the Global Fund;
(B) is strengthening domestic civil society
participation, especially for people living with HIV/
AIDS, in country coordinating mechanisms;
(C) is establishing procedures to assess the need
for, and coordinate, technical assistance for Global
Fund activities, in cooperation with bilateral and
multilateral donors;
(D) has established clear progress indicators upon
which to determine the release of incremental
disbursements;
(E) is releasing such incremental disbursements
only if positive results have been attained based on
those indicators; and
(F) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and local Fund
agents, to enable them to fulfill their mandates.
(2) The Secretary of State may waive paragraph (1) of this
subsection if he determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
(b)(1) In furtherance of the purposes of section 104A of
the Foreign Assistance Act of 1961, and to assist in providing
a safe, secure, reliable, and sustainable supply chain of
pharmaceuticals and other products needed to provide care and
treatment of persons with HIV/AIDS and related infections, the
Coordinator of the United States Government Activities to
Combat HIV/AIDS Globally (the ``Coordinator'') is authorized to
establish an HIV/AIDS Working Capital Fund (in this section
referred to as the ``HIV/AIDS Fund'').
(2) Funds deposited during any fiscal year in the HIV/AIDS
Fund shall be available without fiscal year limitation and used
for pharmaceuticals and other products needed to provide care
and treatment of persons with HIV/AIDS and related infections,
including, but not limited to--
(A) anti-retroviral drugs;
(B) other pharmaceuticals and medical items needed
to provide care and treatment to persons with HIV/AIDS
and related infections;
(C) laboratory and other supplies for performing
tests related to the provision of care and treatment to
persons with HIV/AIDS and related infections;
(D) other medical supplies needed for the operation
of HIV/AIDS treatment and care centers, including
products needed in programs for the prevention of
mother-to-child transmission;
(E) pharmaceuticals and health commodities needed
for the provision of palliative care; and
(F) laboratory and clinical equipment, as well as
equipment needed for the transportation and care of
HIV/AIDS supplies, and other equipment needed to
provide prevention, care and treatment of HIV/AIDS
described above.
(3) There may be deposited during any fiscal year in the
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and
products provided from the HIV/AIDS Fund received from
applicable appropriations and funds of the United States Agency
for International Development, the Department of Health and
Human Services, the Department of Defense, or other Federal
agencies and other sources at actual cost of the HIV/AIDS
pharmaceuticals and other products, actual cost plus the
additional costs of providing such HIV/AIDS pharmaceuticals and
other products, or at any other price agreed to by the
Coordinator or his designee.
(4) There may be deposited in the HIV/AIDS Fund payments
for the loss of, or damage to, HIV/AIDS pharmaceuticals and
products held in the HIV/AIDS Fund, rebates, reimbursements,
refunds and other credits applicable to the operation of the
HIV/AIDS Fund.
(5) At the close of each fiscal year the Coordinator may
transfer out of the HIV/AIDS Fund to other HIV/AIDS
programmatic areas such amounts as the Coordinator determines
to be in excess of the needs of the HIV/AIDS Fund.
(6) At the close of each fiscal year the Coordinator shall
submit a report to the Committees on Appropriations detailing
the financial activities of the HIV/AIDS Fund, including
sources of income and information regarding disbursements.
DEMOCRACY PROGRAMS
Sec. 526. (a) Notwithstanding any other provision of law,
of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $19,000,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China
and Hong Kong: Provided, That funds appropriated under the
heading ``Economic Support Fund'' should be made available for
assistance for Taiwan for the purposes of furthering political
and legal reforms: Provided further, That such funds shall only
be made available to the extent that they are matched from
sources other than the United States Government: Provided
further, That funds made available pursuant to the authority of
this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in
subsection (a), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $15,000,000
shall be made available for programs and activities to foster
democracy, human rights, civic education, women's development,
press freedom, and the rule of law in countries with a
significant Muslim population, and where such programs and
activities would be important to United States efforts to
respond to, deter, or prevent acts of international terrorism:
Provided, That funds made available pursuant to the authority
of this subsection should support new initiatives and
activities in those countries: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for programs and activities that provide professional
training for journalists: Provided further, That
notwithstanding any other provision of law, not less than
$3,000,000 of such funds may be used for making grants to
educational, humanitarian and nongovernmental organizations and
individuals inside Iran to support the advancement of democracy
and human rights in Iran: Provided further, That
notwithstanding any other provision of law, funds appropriated
pursuant to the authority of this subsection may be made
available for democracy, human rights, and rule of law programs
for Syria: Provided further, That funds made available pursuant
to this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) In addition to funds made available under subsections
(a) and (b)(1), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $4,500,000
shall be made available for programs and activities of the
National Endowment for Democracy to foster democracy, human
rights, civic education, women's development, press freedom,
and the rule of law in countries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not
less than $15,000,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b)(1), not less than $11,000,000
shall be made available for such Fund to support the activities
described in subsection (b)(1): Provided, That up to $1,200,000
may be used for the Reagan/Fascell Democracy Fellows program:
Provided further, That the total amount of funds made available
bythis Act under ``Economic Support Fund'' for activities of
the Bureau of Democracy, Human Rights and Labor, Department of State,
including funds available in this section, shall be not less than
$37,000,000.
(d) Of the funds made available under subsection (a), not
less than $4,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (a), and of the funds made available under
subsection (b)(1), not less than $4,000,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b)(1): Provided, That
the Secretary of State shall provide a report to the Committees
on Appropriations within 120 days of the date of enactment of
this Act on the status of the allocation and obligation of such
funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title II of this
Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which
result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted
to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for
such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 530. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
BURMA
Sec. 531. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate
international financial institution in which the United States
participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or
any other utilization of funds of the respective bank to and
for Burma.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $8,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student groups
and other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian assistance
to displaced Burmese along Burma's borders: Provided, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided
under the heading ``Migration and Refugee Assistance'' in this
Act, not less than $4,000,000 shall be allocated to the United
States Agency for International Development for humanitarian
assistance for displaced Burmese and host communities in
Thailand: Provided further, That funds made available under
this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) The President shall include amounts expended by the
Global Fund to Fight AIDS, Tuberculosis and Malaria to the
State Peace and Development Council in Burma, directly or
through groups and organizations affiliated with the Global
Fund, in making determinations regarding the amount to be
withheld by the United States from its contribution to the
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law
108-25.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or
inducement is likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the application
of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for
assistance for Afghanistan may be made available
notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act
of 1961, and funds appropriated in titles I and II of this Act
that are made available for Lebanon, Montenegro, Pakistan, and
for victims of war, displaced children, and displaced Burmese,
and to assist victims of trafficking in persons and, subject to
the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made
available notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Contingencies.--During fiscal year 2005, the President
may use up to $45,000,000 under the authority of section 451 of
the Foreign Assistance Act of 1961, notwithstanding the funding
ceiling in section 451(a).
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) National Endowment for Democracy.--Funds appropriated
by this Act that are provided to the National Endowment for
Democracy may be provided notwithstanding any other provision
of law or regulation.
(j) Technical Amendment.--Section 201(a)(2) of the North
Korean Human Rights Act of 2004 (Public Law 108-333) is amended
by striking ``paragraphs (1) through (4) of section 202(b)''
and inserting ``subparagraphs (A) through (D) of section
202(b)(1)''.
(k) Report Modification.--Section 406(b)(4) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246; 22 U.S.C. 2414a(b)(4)) is amended by inserting
after ``United States'' the following: ``, including a separate
listing of all plenary votes cast by member countries of the
United Nations in the General Assembly on resolutions
specifically related to Israel that are opposed by the United
States''.
(l) University Programs.--Notwithstanding any other
provision of law, funds made available in this Act under the
heading ``Development Assistance'' may be made available to
American educational institutions for programs and activities
in the People's Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made
available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(m) Indochinese Parolees.--Section 586 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted into
law by section 101(a) of Public Law 106-429, is amended--
(1) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``she'' and inserting ``the
Secretary of Homeland Security''; and
(B) in paragraph (1), by striking ``within
three years after the date of promulgation by
the Attorney General of regulations in
connection with this title'';
(3) in subsection (c), by striking ``212(8)(A)''
and inserting ``212(a)(8)(A)'';
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively;
(6) by adding at the end the following new
subsection:
``(f) Adjudication of Applications.--The Secretary of
Homeland Security shall--
``(1) adjudicate applications for adjustment under
this section, notwithstanding any limitation on the
number of adjustments under this section or any
deadline for such applications that previously existed
in law or regulation; and
``(2) not charge a fee in addition to any fee that
previously was submitted with such application.''; and
(7) The amendments made by this subsection shall
take effect as if enacted as part of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001.
(n) Extension of Authority.--Public Law 107-57, as amended,
is further amended--
(1) in section 1(b) by striking ``2004'' wherever
appearing (including in the caption), and inserting in
lieu thereof ``2005'';
(2) in section 3(2), by striking ``and 2004'' and
inserting in lieu thereof ``2004 and 2005''; and
(3) in section 6, by striking ``2004'' and
inserting in lieu thereof ``2005''.
(o) Endowments.--
(1) Of the funds appropriated by this Act and prior
Acts making appropriations for foreign operations,
export financing, and related programs, that are
available for assistance for Cambodia, the following
amounts should be made available as follows:
(A) $2,000,000 for an endowment for a
Cambodian nongovernmental organization to
document genocide and crimes against humanity
in Cambodia; and
(B) $3,750,000 for an endowment for an
American nongovernmental organization to
sustain rehabilitation programs in Cambodia for
persons suffering from physical disabilities.
(2) Such organizations may place amounts made
available under this subsection in interest bearing
accounts and any interest earned on such investment
shall be used for the purpose for which funds were made
available under this subsection.
(p) Extension of Authority.--Chapter 5 of title I of the
Emergency Wartime Supplemental Appropriations Act, 2003 (Public
Law 108-11), is amended under the heading ``Loan Guarantees to
Israel''--
(1) by striking ``During the period beginning March
1, 2003, and ending September 30, 2005,'' and inserting
``During the period beginning March 1, 2003, and ending
September 30, 2007,''; and
(2) by striking ``That if less than the full amount
of guarantees authorized to be made available is issued
prior to September 30, 2005,'' and inserting ``That if
less than the full amount of guarantees authorized to
be made available is issued prior to September 30,
2007,''.
(q) Definition.--Section 603 of title VI of Division D of
the Consolidated Appropriations Act, 2004, Public Law 108-199,
is amended by adding the following paragraph:
``(8) Investments in the people.--The term
``investments in the people'' means government policies
or programs of an eligible country that promote the
health, education, and other factors which contribute
to the well-being and productivity of their people,
such as decent, affordable housing for all.''
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) the three Arab League countries with diplomatic
and trade relations with Israel should return their
ambassadors to Israel, should refrain fromdowngrading
their relations with Israel, and should play a constructive role in
securing a peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
ELIGIBILITY FOR ASSISTANCE
Sec. 536. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2005, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 537. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 538. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 539. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES
OWED BY FOREIGN COUNTRIES
Sec. 543. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assistance
for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central
government of such country shall be withheld from obligation
for assistance for the central government of such country until
the Secretary of State submits a certification to the
appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the appropriate
congressional committees, provided that no such funds shall be
made available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives.
(2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(3) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1,
1997 through September 30, 2004.
(4) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 544. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 545. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or
precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further,
That funds made available for tribunals other than Yugoslavia,
Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
LANDMINES
Sec. 546. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 547. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
HAITI
Sec. 549. (a) Of the funds appropriated by this Act, not
less than the following amounts shall be made available for
assistance for Haiti--
(1) $20,000,000 from ``Child Survival and Health
Programs Fund'';
(2) $25,000,000 from ``Development Assistance'', of
which funds should be made available for poverty
reduction, agriculture, environment, and basic
education programs; and
(3) $40,000,000 from ``Economic Support Fund'', of
which funds should be made available for judicial
reform programs, police training, and activities in
support of national elections.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 550. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the steps
the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
The report shall also include a description of how funds will
be spent and the accounting procedures in place to ensure that
they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
FOREIGN MILITARY TRAINING REPORT
Sec. 552. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
AUTHORIZATION REQUIREMENT
Sec. 553. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``Millennium Challenge Corporation'', ``Overseas
Private Investment Corporation'', and ``Global HIV/AIDS
Initiative'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
CAMBODIA
Sec. 554. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the United
States to oppose loans to the Central Government of Cambodia,
except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
development and implementation of legislation and
implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, and
for the Ministry of Women and Veterans Affairs to combat human
trafficking.
(c) Notwithstanding subsection (b), of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', up to $4,000,000 may be made available for activities
to support democracy, including assistance for democratic
political parties.
(d) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be
made available notwithstanding subsection (b) only if at least
15 days prior to the obligation of such funds, the Secretary of
State provides to the Committees on Appropriations a list of
those individuals who have been credibly alleged to have
ordered or carried out extrajudicial and political killings
that occurred during the March 1997 grenade attack against the
Khmer Nation Party.
(e) None of the funds appropriated or otherwise made
available by this Act may be used to provide assistance to any
tribunal established by the Government of Cambodia unless the
Secretary of State determines and reports to the Committees on
Appropriations that: (1) Cambodia's judiciary is competent,
independent, free from widespread corruption, and its decisions
are free from interference by the executive branch; and (2) the
proposed tribunal is capable of delivering justice, that meets
internationally recognized standards, for crimes against
humanity and genocide in an impartial and credible manner.
PALESTINIAN STATEHOOD
Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new
Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 550
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 556. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be
obligated only after the Secretary of State certifies
and reports to the appropriate congressional committees
that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank who,
according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary organizations,
and is promptly punishing those members of the
Colombian Armed Forces found to have committed
such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with
civilian prosecutors and judicial authorities
in such cases (including providing requested
information, such as the identity of persons
suspended from the Armed Forces and the nature
and cause of the suspension, and access to
witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links
(including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations, especially in regions where
these organizations have a significant
presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks
by arresting commanders and financial backers,
especially in regions where these networks have
a significant presence.
(3) The balance of such funds may be obligated
after July 31, 2005, if the Secretary of State
certifies and reports to the appropriate congressional
committees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions contained
in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2006, the Secretary of State shall consult
with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in that
subsection.
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 557. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
Sec. 559. (a) Oversight.--For fiscal year 2005, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which he has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency
for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees,
and significant subcontractors and subgrantees, under
the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza, up
to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for
International Development for audits, inspections, and
other activities in furtherance of the requirements of
this subsection. Such funds are in addition to funds
otherwise available for such purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Child Survival and Health Programs Fund''
for fiscal year 2005, $34,000,000 shall be made available for
the United Nations Population Fund (hereafter in this section
referred to as the ``UNFPA''): Provided, That of this amount,
not less than $25,000,000 shall be derived from funds
appropriated under the heading ``International Organizations
and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to ``Child Survival and Health Programs
Fund'' and shall be made available for family planning,
maternal, and reproductive health activities, subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Reprogramming of Funds.--Of the funds appropriated in
Public Law 108-199 that were available for the UNFPA,
$12,500,000 shall be made available for anti-trafficking
programs: Provided, That of the funds appropriated in Public
Law 108-199 that were available for the UNFPA, $12,500,000
shall be made available for the family planning, maternal, and
reproductive health activities of the United States Agency for
International Development in Albania, Azerbaijan, the
Democratic Republic of the Congo, Ethiopia, Georgia, Haiti,
Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania,
Uganda, and the Ukraine: Provided further, That such programs
and activities shall be deemed to have been justified to
Congress.
(d) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(e) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2005 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
WAR CRIMINALS
Sec. 561. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton
Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2005, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2005, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia and Montenegro subject
to the conditions in subsection (c): Provided, That section 576
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not apply
to the provision of loans and assistance to the Government of
Serbia and Montenegro through international financial
institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia and Montenegro is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension, including making all practicable
efforts to apprehend and transfer Ratko Mladic;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 564. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 565. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 566. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
BASIC EDUCATION
Sec. 567. Of the funds appropriated by title II of this
Act, not less than $400,000,000 shall be made available for
basic education.
RECONCILIATION PROGRAMS
Sec. 568. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $12,000,000 shall be
made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
SUDAN
Sec. 569. (a) Availability of Funds.--Of the funds
appropriated by title II of this Act, not less than
$311,000,000 should be made available for assistance for Sudan.
(b) Limitation on Assistance.--Subject to section (c):
(1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public Law
106-570) or any other provision of law, none of the
funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may
be made available for the cost, as defined in section
502, of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that--
(1) the Government of Sudan has taken significant
steps to disarm and disband government-supported
militia groups in the Darfur region;
(2) the Government of Sudan and all government-
supported militia groups are honoring their commitments
made in the cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and that has the support of the United States.
(d) Exceptions.--The provisions of subsection (b) shall not
apply to--
(1) humanitarian assistance; and
(2) assistance for Darfur and for areas outside the
control of the Government of Sudan.
(e) Notification.--Not more than $45,000,000 of the funds
appropriated by this Act under the headings ``International
Disaster and Famine Assistance'' and ``Transition Initiatives''
may be made available for assistance for Sudan outside of the
Darfur region unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the
obligation of such funds.
(f) Definitions.--For the purposes of this Act and section
501 of Public Law 106-570, the terms ``Government of Sudan'',
``areas outside of control of the Government of Sudan'', and
``area in Sudan outside of control of the Government of Sudan''
shall have the same meaning and application as was the case
immediately prior to June 5, 2004, and, with regard to
assistance in support of a viable peace agreement, Southern
Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
(g) Appropriation.--In addition to amounts appropriated
elsewhere in this Act, $75,000,000 is hereby appropriated for
``Peacekeeping Operations'' to support peace and humanitarian
intervention operations for Sudan, and $18,000,000 is hereby
appropriated for ``International Disaster and Famine
Assistance'' for humanitarian assistance and related activities
in Sudan: Provided, That the entire amount appropriated in this
subsection is designated as an emergency requirement pursuant
to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That the Secretary of
State shall consult with the Committees on Appropriations
regarding the proposed uses of these funds within 30 days of
the date of enactment of this Act.
(h) Technical Change.--Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f-2) is amended by
striking ``Organization of African Unity'' and inserting in
lieu thereof ``African Union''.
TRADE CAPACITY BUILDING
Sec. 570. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$507,000,000 should be made available for trade capacity
building assistance: Provided, That $20,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade
agreement with the countries of Central America and the
Dominican Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
Sec. 571. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2005, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Bulgaria, Croatia, Estonia,
Former Yugoslavian Republic of Macedonia, Georgia, India,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan.
INDONESIA
Sec. 572. (a) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the
Indonesian Armed Forces, only if the Secretary of State
certifies to the appropriate congressional committees that--
(1) the Armed Forces are taking steps to counter
international terrorism, consistent with democratic
principles and the rule of law, and in cooperation with
countries in the region;
(2) the Indonesian Government is prosecuting and
punishing, in a manner proportional to the crime,
members of the Armed Forces, of whatever rank, who have
been credibly alleged to have committed gross
violations of human rights or to have aided or abetted
militia groups;
(3) at the direction of the President of Indonesia,
the Armed Forces are cooperating with civilian judicial
authorities and with international efforts to resolve
cases of gross violations of human rights in East Timor
and elsewhere; and
(4) at the direction of the President of Indonesia,
the Armed Forces are implementing reforms to increase
the transparency and accountability of their operations
and financial management, including making publicly
available audits of receipts and expenditures.
(b) Funds appropriated under the heading ``International
Military Education and Training'' may be made available for
assistance for Indonesia if the Secretary of State determines
and reports to the Committees on Appropriations that the
Indonesian Government and Armed Forces are cooperating with the
Federal Bureau of Investigation's investigation into the August
31, 2002 murders of two American citizens and one Indonesian
citizen in Timika, Indonesia: Provided, That this restriction
shall not apply to expanded international military education
and training, which may include English language training.
LIMITATION ON CONTRACTS
Sec. 573. None of the funds made available under this Act
may be used to fund any contract in contravention of section
8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN
GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
Sec. 574. (a) None of the funds made available in this Act
in title II under the heading ``Economic Support Fund'' may be
used to provide assistance to the government of a country that
is a party to the International Criminal Court and has not
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(b) The President may, without prior notice to Congress,
waive the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (``NATO'') member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand), or
Taiwan if he determines and reports to the appropriate
congressional committees that it is important to the national
security interests of the United States to waive such
prohibition.
(c) The President may, without prior notice to Congress,
waive the prohibition of subsection (a) with respect to a
particular country if he determines and reports to the
appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA
Sec. 575. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if he
certifies to the Committees on Appropriations, 15 days prior to
the obligation of funds for assistance for Saudi Arabia, that
Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
ENVIRONMENT PROGRAMS
Sec. 576. (a) Funding.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $165,500,000
shall be made available for programs and activities which
directly protect biodiversity, including forests, in developing
countries, of which not less than $8,000,000 should be made
available to implement a regional strategy for biodiversity
conservation in the countries comprising the Amazon basin of
South America, including to improve the capacity of indigenous
communities and local law enforcement agencies to protect the
biodiversity of indigenous reserves, which amount shall be in
addition to the amounts requested for biodiversity activities
in these countries in fiscal year 2005: Provided, That of the
funds appropriated by this Act, not less than $180,000,000
shall be made available to support clean energy and other
climate change policies and programs in developing countries,
of which $100,000,000 should be made available to directly
promote and deploy energy conservation, energy efficiency, and
renewable and clean energy technologies, and of which the
balance should be made available to directly (1) measure,
monitor, and reduce greenhouse gas emissions; (2) increase
carbon sequestration activities; and (3) enhance climate change
mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 45 days after
the date on which the President's fiscal year 2006 budget
request is submitted to Congress, the President shall submit a
report to the Committees on Appropriations describing in detail
the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2005,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2004 obligations and estimated
expenditures, fiscal year 2005 estimated expenditures
and estimated obligations, and fiscal year 2006
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and
sequestration measures; (iv) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place or is taking the necessary steps to establish
functioning systems for (1) accurately accounting for
revenues and expenditures in connection with the
extraction and export of the type of natural resource
to be extracted or exported; (2) the independent
auditing of such accounts and the widespread public
dissemination of the audits; and (3) verifying
government receipts against company payments including
widespread dissemination of such payment information in
a manner that does not create competitive disadvantage
or disclose proprietary information.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other national resource since September 30, 2004.
UZBEKISTAN
Sec. 577. Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in
meeting its commitments under the ``Declaration on the
Strategic Partnership and Cooperation Framework Between the
Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine
multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media.
CENTRAL ASIA
Sec. 578. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
such a waiver is in the national security interest of the
United States.
(c) Not later than October 1, 2005, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISABILITY PROGRAMS
Sec. 579. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $2,500,000
shall be made available for programs and activities to address
the needs and protect the rights of people with disabilities in
developing countries: Provided, That such funds shall be
administered by the United States Agency for International
Development (``USAID'') and the Department of State, and shall
be available for grants to nongovernmental organizations that
work on behalf of people with disabilities in such countries.
(b) The Secretary of State and the USAID Administrator
shall designate within their respective agencies an individual
to serve as Disability ``Advisor'' or ``Coordinator'', whose
function it shall be to ensure that disability rights are
addressed, where appropriate, in United States policies and
programs.
(c) Funds made available under subsection (a) may be made
available for an international conference on the needs of
people with disabilities, including disability rights, advocacy
and access.
(d) The Secretary of State, the Secretary of the Treasury,
and the USAID Administrator shall seek to ensure that the needs
of people with disabilities are addressed, where appropriate,
in democracy, human rights, and rule of law programs, projects
and activities supported by the Department of State, Department
of the Treasury, and USAID.
(e) The USAID Administrator shall seek to ensure that
programs, projects and activities administered by USAID comply
fully with USAID's ``Policy Paper: Disability'' issued on
September 12, 1997: Provided, That not later than 90 days after
enactment of this Act, USAID shall implement procedures to
require that prospective grantees seeking funding from USAID
specify, when relevant, how the proposed program, project or
activity for which funding is being requested will include
protecting the rights and addressing the needs of persons with
disabilities.
ZIMBABWE
Sec. 580. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
TIBET
Sec. 581. (a) The Secretary of the Treasury should instruct
the United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of
Tibetan land and natural resources to non-Tibetans; are based
on a thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less
than $4,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 should
be made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
NIGERIA
Sec. 582. The President shall submit a report to the
Committees on Appropriations describing the involvement of the
Nigerian Armed Forces in the incident in Benue State, the
measures that are being taken to bring such individuals to
justice, and whether any Nigerian Armed Forces units involved
with the incident in Benue State are receiving United States
assistance.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
Sec. 583. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act,
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation has implemented no statute, executive order,
regulation or similar government action that would
discriminate, or which has as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
CENTRAL AMERICA
Sec. 584. (a) Of the funds appropriated by this Act under
the headings ``Child Survival and Health Programs Fund'' and
``Development Assistance'', not less than the amount of funds
initially allocated pursuant to section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2004 should be made
available for El Salvador, Guatemala, Nicaragua and Honduras.
(b) Not to exceed $3,227,000 in prior year ``Military
Assistance Program'' funds that are available for Guatemala may
be made available for non-lethal defense items for Guatemala if
the Secretary of State certifies to the Committees on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House that--
(1) the role of the Guatemalan military has been
limited, in doctrine and in practice, to substantially
those activities in defense of Guatemala's sovereignty
and territorial integrity that are permitted by the
1996 Peace Accords, and the Government of Guatemala is
taking steps to pass a new governing law of the Army
(Ley Constitutiva del Ejercito);
(2) the Guatemalan military is cooperating with
civilian judicial authorities, including providing full
cooperation on access to witnesses, documents and
classified intelligence files, in investigations and
prosecutions of military personnel who have been
implicated in human rights violations and other
criminal activity;
(3) the Government of Guatemala is working with the
United Nations to resolve legal impediments to the
establishment of the Commission for the Investigation
of Illegal Groups and Clandestine Security
Organizations (CICIACS), so that CICIACS can
effectively accomplish its mission of investigating and
bringing to justice illegal groups and members of
clandestine security organizations;
(4) the Government of Guatemala is continuing its
efforts to make the military budget process transparent
and accessible to civilian authorities and to the
public, for both present and past expenditures;
(5) the Government of Guatemala is working to
facilitate the prompt establishment of an office in
Guatemala of the United Nations High Commissioner for
Human Rights with the unimpeded authority to
investigate and report on human rights in Guatemala;
and
(6) the Government of Guatemala is taking steps to
increase its efforts to combat narcotics trafficking
and organized crime.
(c) Section 527 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by
adding at the end the following new subsection:
``(i) Certain Claims for Expropriation by the Government of
Nicaragua.--
``(1) Any action of the types set forth in
subparagraphs (A), (B), and (C) of subsection (a)(1)
that was taken by the Government of Nicaragua during
the period beginning on January 1, 1956, and ending on
January 9, 2002, shall not be considered in
implementing the prohibition under subsection (a)
unless the action has been presented in accordance with
the procedure set forth in paragraph (2).
``(2) An action shall be deemed presented for
purposes of paragraph (1) if it is--
``(A) in writing; and
``(B) received by the United States
Department of State on or before 120 days after
the date specified in paragraph (3) at--
``(i) the headquarters of the
United States Department of State in
Washington, D.C.; or,
``(ii) the Embassy of the United
States of America to Nicaragua.
``(3) The date to which paragraph (2) refers is a
date after enactment of this subsection that is
specified by the Secretary of State, in the Secretary's
discretion, in a notice published in the Federal
Register.''.
WAR CRIMES IN AFRICA
Sec. 585. (a) The Congress recognizes the important
contribution that the democratically elected Government of
Nigeria has played in fostering stability in West Africa.
(b) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(c) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(d) The prohibition in subsection (c) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on (1) the
steps being taken to obtain the cooperation of the government
in surrendering the indictee in question to SCSL or ICTR; (2) a
strategy for bringing the indictee before ICTR or SCSL; and (3)
the justification for exercising the waiver authority.
admission of refugees
Sec. 586. (a) The Secretary of State shall utilize private
voluntary organizations with expertise in the protection needs
of refugees in the processing of refugees overseas for
admission and resettlement to the United States, and shall
utilize such agencies in addition to the United Nations High
Commissioner for Refugees in the identification and referral of
refugees.
(b) The Secretary of State should maintain a system for
accepting referrals of appropriate candidates for resettlement
from local private, voluntary organizations and work to ensure
that particularly vulnerable refugee groups receive special
consideration for admission into the United States, including--
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration
to--
(1) refugees of all nationalities who have close
family ties to citizens and residents of the United
States; and
(2) other groups of refugees who are of special
concern to the United States.
CODE OF CONDUCT
Sec. 587. (a) None of the funds made available by title II
under the heading ``Migration and Refugee Assistance'' or
``Transition Initiatives'' to provide assistance to refugees or
internally displaced persons may be provided to an organization
that has failed to adopt a code of conduct consistent with the
Inter-Agency Standing Committee Task Force on Protection From
Sexual Exploitation and Abuse in Humanitarian Crises six core
principles for the protection of beneficiaries of humanitarian
assistance.
(b) In administering the amounts made available for the
accounts described in subsection (a), the Secretary of State
and Administrator of the United States Agency for International
Development shall incorporate specific policies and programs
for the purpose of identifying specific needs of, and
particular threats to, women and children at the various stages
of humanitarian emergencies, especially at the onset of such
emergency.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY
Sec. 588. (a) Authority.--Up to $37,500,000 of the funds
made available in this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175, of which not more than 75 may
be hired for employment in the United States.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2007.
(c) Conditions.--The authority of this section may only be
used--
(1) to the extent that an equivalent number of
positions that are filled by personal services
contractors or other nondirect-hire employees of USAID,
who are compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic
States'', are eliminated; and
(2) after consultations between the Committees on
Appropriations and the USAID Administrator on the
implementation of this section and USAID work force
issues more generally.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other nondirect-hire personnel.
(e) Consultations.--After the initial consultations
required by subsection (c)(2), the USAID Administrator shall
consult with the Committees on Appropriations at least on a
quarterly basis thereafter concerning the implementation of
this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Relation to Prior Law.--Upon completion of the
consultations required by subsection (c)(2), the authority
contained in this section shall supersede the authority
contained in section 525 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004.
(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs in response to natural disasters.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
Sec. 589. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the
Export-Import Bank of the United States to guarantee, insure,
extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other
processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and requirements
developed by the Kimberley Process on conflict diamonds.
SECURITY IN ASIA
Sec. 590. (a) Indonesia.--Funds made available for
assistance for Indonesia under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
the Indonesian navy notwithstanding section 572 of this Act if
the Secretary of State reports to the Committees on
Appropriations that the Indonesian navy is not violating human
rights and is cooperating with civilian judicial authorities on
cases involving human rights violations: Provided, That such
funds may only be made available for assistance for the
Indonesian navy for the purposes of enhancing maritime
security: Provided further, That such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(b) Cambodia.--Funds made available for assistance for
Cambodia under the heading ``Foreign Military Financing
Program'' may be made available notwithstanding section 554 of
this Act: Provided, That such funds shall only be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(c) Nepal.--
(1) The Congress deplores and condemns the Maoist
insurgency in Nepal which has engaged in widespread
atrocities against civilians and Nepalese security
forces, and calls on other nations to denounce these
vicious acts.
(2) Funds appropriated under the heading ``Foreign
Military Financing Program'' may be made available for
assistance for Nepal if the Secretary of State reports
to the Committees on Appropriations that the Government
of Nepal:
(A) has determined the number of and is
making substantial progress in complying with
habeas corpus orders issued by the Supreme
Court of Nepal, including all outstanding
orders;
(B) is cooperating with the National Human
Rights Commission of Nepal to identify and
resolve all security related cases involving
individuals in government custody;
(C) is granting the National Human Rights
Commission of Nepal unimpeded access to all
places of detention; and
(D) is taking effective steps to end
torture by security forces and to prosecute
members of such forces who are responsible for
gross violations of human rights.
(3) The Secretary of State may waive the
requirements of paragraph (2) if he determines and
reports to the Committees on Appropriations that to do
so is in the national security interests of the United
States.
HIPC DEBT REDUCTION AND TRUST FUND
Sec. 591. (a) Section 801(b)(1) of Public Law 106-429 is
amended--
(1) by inserting ``(i)'' after ``appropriated'';
and
(2) by inserting before the period ``; and (ii) for
fiscal years 2004-2006, not more than $150,000,000, for
purposes of additional United States contributions to
the HIPC Trust Fund administered by the Bank, which are
authorized to remain available until expended''.
(b) Section 501(i) of Public Law 106-113 is amended by
deleting ``2003-2004'' and inserting in lieu thereof ``2000-
2006''.
COMPLIANCE WITH THE ALGIERS AGREEMENTS
Sec. 592. None of the funds appropriated by this Act may be
made available for assistance for the central Governments of
Ethiopia or Eritrea unless the Secretary of State certifies and
reports to the Committees on Appropriations that such
government is taking steps to complywith the terms of the
Algiers Agreements: Provided, That this section shall not apply to
democracy, rule of law, peacekeeping programs and activities, child
survival and health, basic education, and agriculture programs:
Provided further, That the Secretary may waive the requirements of this
section if he determines that to do so is in the national security
interests of the United States.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS
Sec. 593. (a) Section 1307 of the International Financial
Institutions Act (22 U.S.C. 262m-7) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Assessment Required Before Favorable Vote on
Proposal.--The Secretary of the Treasury shall instruct the
United States Executive Director of each multilateral
development bank not to vote in favor of any proposed action
(including but not limited to any loan, credit, grant, or
guarantee) which would result or be likely to result in
significant impact on the environment, unless the Secretary,
after consultation with the Secretary of State and the
Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote--
``(1) an assessment analyzing the environmental impacts
of the proposed action, including associated and cumulative
impacts, and of alternatives to the proposed action, has been
completed by the borrower or the bank and has been made
available to the board of directors of the bank; and
``(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been
made available to affected groups and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank's website.''; and
(2) by striking subsection (g) and inserting the
following:
``(g) Multilateral Development Bank Defined--In this
title, the term `multilateral development bank' means the
International Bank for Reconstruction and Development, the
European Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, the African Development Bank, the African Development
Fund, the Asian Development Bank, the Inter-American
Development Bank, the Inter-American Investment Corporation,
any other institution (other than the International Monetary
Fund) specified in section 1701(c)(2), and any subsidiary of
any institution.''
(b) Section 1303(b) of the International Financial
Institutions Act (22 U.S.C. 262m-2(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'' and replacing
``International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank of
the African Development Bank'' with the phrase ``multilateral
development banks as defined in section 1307(g)''; and
(2) by inserting at the end of subsection (b) the
following text:
``(2) The Secretary of the Treasury shall instruct such
Executive Directors to work with other countries' Executive
Directors and multilateral development bank management to:
``(A) improve the procedures of each multilateral
development bank for providing its board of directors with a
complete and accurate record regarding public consultation
before they vote on proposed projects with significant
environmental implications; and
``(B) revise bank procedures to consistently require
public consultation on operational policy proposals or
revisions that have significant environmental or social
implications.
``(3) Progress under this subsection shall be
incorporated into Treasury's required annual report to Congress
on the environmental performance of the multilateral
development banks.''.
VIETNAMESE REFUGEES
Sec. 594. (a) Eligibility for In-country Refugee Processing
in Vietnam.--For purposes of eligibility for in-country refugee
processing for nationals of Vietnam during fiscal years 2004
and 2005, an alien described in subsection (b) shall be
considered to be a refugee of special humanitarian concern to
the United States (within the meaning of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157)) and shall be
admitted to the United States for resettlement if the alien
would be admissible as an immigrant under the Immigration and
Nationality Act (except as provided in section 207(c)(3) of
that Act).
(b) Aliens Covered.--An alien described in this subsection
is an alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of
the alien's parent for resettlement under the Orderly
Departure Program or through the United States
Consulate General in Ho Chi Minh City.
(c) Qualified National.--The term ``qualified national'' in
subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
(B) is the widow or widower of an individual
described in subparagraph (A);
(2)(A) qualified for refugee processing under the
Orderly Departure Program re-education subprogram; and
(B) is or was accepted under the Orderly Departure
Program or through the United States Consulate General
in Ho Chi Minh City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as
an immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the
United States or whose surviving spouse is presently
maintaining such a residence; or
(B) was approved for refugee resettlement or
immigrant visa processing and is awaiting departure
formalities from Vietnam or whose surviving spouse is
awaiting such departure formalities.
JOINT EXPLANATORY STATEMENT
Sec. 595. (a) Funds provided in this Act for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the joint explanatory statement of managers
accompanying this Act:
``Economic Support Fund'';
``Assistance for Eastern Europe and the Baltic
States'';
``Assistance for the Independent States of the
Former Soviet Union'';
``Andean Counterdrug Initiative'';
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'';
``Foreign Military Financing Program''; and
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the joint explanatory statement of
managers shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2005''.
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$848,939,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out by
the Youth Conservation Corps; $4,000,000 is for assessment of
the mineral potential of public lands in Alaska pursuant to
section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
and of which $3,500,000 shall be available in fiscal year 2005
subject to a match by at least an equal amount by the National
Fish and Wildlife Foundation for cost-shared projects
supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump sum grant without
regard to when expenses are incurred.
In addition, $32,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program; to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to
result in a final appropriation estimated at not more than
$848,939,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $743,099,000, to
remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
reduction activities, may obtain maximum practicable
competition among: (A) local private, nonprofit, or cooperative
entities; (B) Youth Conservation Corps crews or related
partnerships with state, local, or non-profit youth groups; (C)
small or micro-businesses; or (D) otherentities that will hire
or train locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts: Provided
further, That in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this head may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $12,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal
emergency response actions.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,855,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account, to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,500,000, to
remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$11,350,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $109,057,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public
Law 106-393) derived from treatments funded by this account
shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for informationor evidence
concerning violations of laws administered by the Bureau; miscellaneous
and emergency expenses of enforcement activities authorized or approved
by the Secretary and to be accounted for solely on her certificate, not
to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and
economic studies, maintenance of the herd of long-horned cattle
on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $977,205,000, to
remain available until September 30, 2006, except as otherwise
provided herein: Provided, That not less than $1,000,000 shall
be provided to local governments in southern California for
planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until
expended: Provided further, That $2,000,000 is for high
priority projects, which shall be carried out by the Youth
Conservation Corps: Provided further, That not to exceed
$16,175,000 shall be used for implementing subsections (a),
(b), (c), and (e) of section 4 of the Endangered Species Act,
as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$11,400,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to
subsection (a)(1) prior to October 1, 2004: Provided further,
That of the amount available for law enforcement, up to
$400,000, to remain available until expended, may at the
discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on her certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $53,400,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, a single procurement for the construction project at the
Clark R. Bavin Forensics Laboratory in Oregon may be issued
which includes the full scope of the project: Provided further,
That the solicitation and the contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232.18.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $37,526,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which $750,000 is for support of
acquisition of lands for waterfowl habitat in the Yukon Flats
National Wildlife Refuge, and the related conveyance of Federal
lands and interests in lands to Doyon, Limited, an Alaska
Native Corporation organized pursuant to the Alaska Native
Claims Settlement Act: Provided, That the Secretary is
authorized to, and shall, execute all necessary acquisitions
and exchange agreement documents in furtherance of this
acquisition and exchange as soon as possible: Provided further,
That notwithstanding any other law, all revenues, fees and
royalties received by the Federal Government from oil and/or
gas production from the lands, and interests in land, acquired
by Doyon, Limited, pursuant to the exchange of lands located
within Yukon Flats National Wildlife Refuge shall be deposited
in a special account in the Treasury of the United States to be
called the Alaska National Wildlife Refuge Land Acquisition and
Facility Account (``Acquisition Account''): Provided further,
That all amounts deposited in the acquisition account shall be
available until expended without further act of appropriation
to the Director of the U.S. Fish and Wildlife Service for only
the following purposes: (1) To acquire lands from Doyon,
Limited, located within Yukon Flats National Wildlife Refuge in
accordance with the Exchange Agreement; (2) To acquire lands
from other willing sellers in the Yukon Flats National Wildlife
Refuge, or from other willing sellers in other units of the
National Wildlife Refuge System located within the State of
Alaska; and, (3) To construct facilities and infrastructure for
Alaska refuges: Provided further, That none of the funds
appropriated for specific land acquisition projects, other than
the appropriations for the Yukon Flats National Wildlife Refuge
exchange and acquisition provided for under this heading, can
be used to pay for any administrative overhead, planning or
other management costs: Provided further, That none of the
funds in this or any other Act may be used for the acquisition
of land for inclusion in the Deep Fork National Wildlife
Refuge.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$22,000,000, to be derived from the Land and Water Conservation
Fund, and to remain available until expended: Provided, That
the amount provided herein is for a Landowner Incentive Program
established by the Secretary that provides matching,
competitively awarded grants to States, the District of
Columbia, federally recognized Indian tribes, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana
Islands, and American Samoa, to establish or supplement
existing landowner incentive programs that provide technical
and financial assistance, including habitat protection and
restoration, to private landowners for the protection and
management of habitat to benefit federally listed, proposed,
candidate, or other at-risk species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$7,000,000, to be derived from the Land and Water Conservation
Fund, and to remain available until expended: Provided, That
the amount provided herein is for the Private Stewardship
Grants Program established by the Secretary to provide grants
and other assistance to individuals and groups engaged in
private conservation efforts that benefit federally listed,
proposed, candidate, or other at-risk species: Provided
further, That balances from amounts previously appropriated
under the heading ``Stewardship Grants'' shall be transferred
to and merged with this appropriation and shall remain
available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),as
amended, $81,596,000, of which $32,212,000 is to be derived from the
Cooperative Endangered Species Conservation Fund and $49,384,000 is to
be derived from the Land and Water Conservation Fund and to remain
available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $38,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance with
the Neotropical Migratory Bird Conservation Act, Public Law
106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain available
until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the
Marine Turtle Conservation Act of 2004 (Public Law 108-266; 16
U.S.C. 6601), $5,800,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions of
the Fish and Wildlife Act of 1956 and the Fish and Wildlife
Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished, $70,000,000,
to be derived from the Land and Water Conservation Fund, and to
remain available until expended: Provided, That of the amount
provided herein, $6,000,000 is for a competitive grant program
for Indian tribes not subject to the remaining provisions of
this appropriation: Provided further, That the Secretary shall,
after deducting said $6,000,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(A) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (B) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(A) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That no State, territory, or other
jurisdiction shall receive a grant unless it has developed, or
committed to develop by October 1, 2005, a comprehensive
wildlife conservation plan, consistent with criteria
established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the greatest
conservation need and taking into consideration the relative
level of funding available for the conservation of those
species: Provided further, That any amount apportioned in 2005
to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2006, shall be reapportioned,
together with funds appropriated in 2007, in the manner
provided herein: Provided further, That balances from amounts
previously appropriated under the heading ``State Wildlife
Grants'' shall be transferred to and merged with this
appropriation and shall remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 179 passenger motor vehicles, of which 161 are
for replacement only (including 44 for police-type use); repair
of damage to public roads within and adjacent to reservation
areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on
conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which are
used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That notwithstanding any other provision of law, the
Service may use up to $2,000,000 from funds provided for
contracts for employment-related legal services: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of
the Interior may not spend any of the funds appropriated in
this Act for the purchase of lands or interests in lands to be
used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in House
Report 108-330.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,707,282,000, of which $10,708,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which $96,440,000
is for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds
necessary to reimburse the United States Park Police account
for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event
subject to the review and concurrence of the Washington
headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the
United States Park Police, $81,204,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $61,832,000: Provided, That $700,000 from the Statutory
and Contractual Aid Account shall be provided to the City of
Tacoma, Washington for the purpose of conducting a feasibility
study for the Train to the Mountain project: Provided further,
That none of the funds in this Act for the River, Trails and
Conservation Assistance program may be used for cash
agreements, or for cooperative agreements that are inconsistent
with the program's final strategic plan: Provided further, That
notwithstanding section 8(b) of Public Law 102-543 (16 U.S.C.
410yy-8(b)), amounts made available under this heading to the
Keweenaw National Historical Park shall be matched on not less
than a 1-to-1 basis by non-Federal funds.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $72,750,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2006, of which $30,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations and the President's Committee on the Arts and
Humanities prior to the commitment of Save America's Treasures
grant funds: Provided further, That Save America's Treasures
funds allocated for Federal projects, following approval, shall
be available by transfer to appropriate accounts of individual
agencies: Provided further, That hereinafter and
notwithstanding 20 U.S.C. 951 et seq. the National Endowment
for the Arts may award Save America's Treasures grants based
upon the recommendations of the Save America's Treasures grant
selection panel convened by the President's Committee on the
Arts and the Humanities and the National Park Service.
CONSTRUCTION
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $307,362,000, to remain available until
expended, of which $500,000 for the L.Q.C. Lamar House National
Historic Landmark shall be derived from the Historic
Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That
none of the funds available to the National Park Service may be
used to plan, design, or construct any partnership project with
a total value in excess of $5,000,000, without advance approval
of the House and Senate Committees on Appropriations: Provided
further, That, notwithstanding any other provision of law, the
National Park Service may not accept donations or services
associated with the planning, design, or construction of such
new facilities without advance approval of the House and Senate
Committees on Appropriations: Provided further, That these
restrictions do not apply to the Flight 93 Memorial: Provided
further, That funds provided under this heading for
implementation of modified water deliveries to Everglades
National Park shall be expended consistent with the
requirements of the fifth proviso under this heading in Public
Law 108-108: Provided further, That none of the funds provided
in this or any other Act may be used for planning, design, or
construction of any underground security screening or visitor
contact facility at the Washington Monument until such facility
has been approved in writing by the House and Senate Committees
on Appropriations: Provided further, That the National Park
Service may use funds provided herein to construct a parking
lot and connecting trail on leased, non-Federal land in order
to accommodate visitor use of the Old Rag Mountain Trail at
Shenandoah National Park, and may for the duration of such
lease use any funds available to the Service for the
maintenance of the parking lot and connecting trail.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2005 by 16
U.S.C. 460l-10a are rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$148,411,000, to be derivedfrom the Land and Water Conservation
Fund and to remain available until expended, of which $92,500,000 is
for the State assistance program including $1,500,000 to administer
this program: Provided, That none of the funds provided for the State
assistance program may be used to establish a contingency fund:
Provided further, That in lieu of State assistance program indirect
costs (as described in OMB Circular A-87), not to exceed 5 percent of
apportionments under the State assistance program may be used by
States, the District of Columbia, and insular areas to support program
administrative costs: Provided further, That $250,000 of the amount
provided under this heading for civil war battlefield protection shall
be available for transfer to the ``National Recreation and
Preservation'' account.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 249 passenger motor
vehicles, of which 202 shall be for replacement only, including
not to exceed 193 for police-type use, 10 buses, and 8
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has been submitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of
Ellis Island, including the facts and circumstances relied upon
in support of the proposed project: Provided further, That
appropriations available to the National Park Service may be
used to maintain the following areas in Washington, District of
Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue
between 15th and 17th Streets, Northwest.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
Notwithstanding any other provision of law, in fiscal year
2005, with respect to the administration of the National Park
Service park pass program by the National Park Foundation, the
Secretary may pay to the Foundation administrative funds
expected to be received in that fiscal year before the revenues
are collected, so long as total payments in the administrative
account do not exceed total revenue collected and deposited in
that account by the end of the fiscal year.
If the Secretary of the Interior considers the decision of
any value determination proceeding conducted under a National
Park Service concession contract issued prior to November 13,
1998, to misinterpret or misapply relevant contractual
requirements or their underlying legal authority, the Secretary
may seek, within 180 days of any such decision, the de novo
review of the value determination by the United States Court of
Federal Claims, and that court may make an order affirming,
vacating, modifying or correcting the determination.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory
Interest or leasehold surrender interest. Such funds may only
be used for this purpose to the extent that the benefiting unit
anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the
benefiting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a
single contract at the benefiting unit, in the amount of funds
so expended to extinguish or reduce liability.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affectingmining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law and to publish and disseminate data;
$948,921,000, of which $63,262,000 shall be available only for
cooperation with States or municipalities for water resources
investigations; and of which $7,901,000 shall remain available until
expended for satellite operations; and of which $21,971,000 shall be
available until September 30, 2006, for the operation and maintenance
of facilities and deferred maintenance; and of which $1,600,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of which
$174,219,000 shall be available until September 30, 2006, for the
biological research activity and the operation of the Cooperative
Research Units: Provided, That none of the funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this appropriation
shall be used to pay more than one-half the cost of topographic mapping
or water resources data collection and investigations carried on in
cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $169,175,000, of which $76,106,000 shall be
available for royalty management activities; and an amount not
to exceed $103,730,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service (MMS) over and above the rates in
effect on September 30, 1993, and from additional fees for
Outer Continental Shelf administrative activities established
after September 30, 1993: Provided, That to the extent
$103,730,000 in additions to receipts are not realized from the
sources of receipts stated above, the amount needed to reach
$103,730,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided further,
That $3,000,000 for computer acquisitions shall remain
available until September 30, 2006: Provided further, That
funds appropriated under this Act shall be available for the
payment of interest in accordance with 30 U.S.C. 1721(b) and
(d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which
the Director of MMS concurred with the claimed refund due, to
pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments: Provided further, That
MMS may under the royalty-in-kind program, or under its
authority to transfer oil to the Strategic Petroleum Reserve,
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for
transportation to wholesale market centers or upstream pooling
points, to process or otherwise dispose of royalty production
taken in kind, and to recover MMS transportation costs,
salaries, and other administrative costs directly related to
the royalty-in-kind program: Provided further, That MMS shall
analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program: Provided further, That in
fiscal year 2005 and thereafter, notwithstanding 30 U.S.C.
191(a) and 43 U.S.C. 1338, the Secretary shall pay amounts owed
to States under the provision of 30 U.S.C. 1721(b) from amounts
received as current receipts from bonuses, royalties, interest
collected from lessees and designees, and rentals of the public
lands and the outer continental shelf under provisions of the
Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are
not payable to a State or the Reclamation Fund.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,105,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $109,805,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2005 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $190,863,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,500,000 per State in fiscal
year 2005: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to
20 percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available under title
IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of
1977, as amended (30 U.S.C. 1231 et seq.), if the amount set
aside is deposited in an acid mine drainage abatement and
treatment fund established under a State law, pursuant to which
law the amount (together with all interest earned on the
amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects:
Provided further, That amounts provided under this heading may
be used for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and Tribal regulatory and
reclamation programs.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $1,955,047,000, to remain
available until September 30, 2006 except as otherwise provided
herein, of which not to exceed $87,638,000 shall be for welfare
assistance payments and notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $136,314,000 shall be
available for payments to tribes and tribal organizations for
contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2005, as
authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; and of which not to exceed $456,057,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2005, and shall
remain available until September 30, 2006; and of which not to
exceed $61,801,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$45,348,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or during
fiscal year 2004 for the operation of Bureau-funded schools,
and up to $1,000,000 within and only from such amounts made
available for school operations shall be available for the
transitional costs of initial administrative cost grants to
tribes and tribal organizations that enter into grants for the
operation on or after July 1, 2004 of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe
which remain unobligated as of September 30, 2006, may be
transferred during fiscal year 2007 to an Indian forest land
assistance account established for the benefit of such tribe
within the tribe's trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire
on September 30, 2007.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$323,626,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2005, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12
as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary shall
consider whether the Indian tribe or tribal organization would
be deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25 U.S.C.
2005(b), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow
the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in order
to ensure timely completion of replacement school construction
projects, the Secretary may assume control of a project and all
funds related to the project, if, within eighteen months of the
date of enactment of this Act, any tribe or tribal organization
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project
and commenced construction of the replacement school: Provided
further, That, of the funds provided for the tribal school
demonstration program, notwithstanding the provisions of
paragraph (b)(1) of section 122 of division F of Public Law
108-7, as amended by section 136 of Public Law 108-108,
$4,500,000 is for the Eastern Band of Cherokee education campus
at the Ravensford tract, $4,000,000 is for the Sac and Fox
Meskwaki Settlement school, and $4,000,000 is for the Twin
Buttes elementary school on the Fort Berthold Reservation:
Provided further, That this Appropriation may be reimbursed
from the Office of the Special Trustee for American Indians
Appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust
reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $44,771,000, to
remain available until expended, for implementation of Indian
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for
implementation of other land and water rights settlements, of
which $10,032,000 shall be available for payment to the
Quinault Indian Nation pursuant to the terms of the North
Boundary Settlement Agreement dated July 14, 2000, providing
for the acquisition of perpetual conservation easements from
the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $6,421,000,
of which $695,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $84,699,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to
exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including sec.
113 of Title I of Appendix C of Public Law 106-113, if a Tribe
or tribal organization in fiscal year 2003 or 2004 received
indirect and administrative costs pursuant to a distribution
formula based on sec. 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such Tribe or tribal organization using the sec. 5(f)
distribution formula.
Departmental Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,255,000, of which: (1) $69,682,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall be
available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
of the amounts provided for technical assistance, sufficient
funds shall be made available for a grant to the Pacific Basin
Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,499,000, as provided
for in sections 221(a)(2), 221(b), and 233 of the Compact of
Free Association for the Republic of Palau as authorized by
Public Law 99-658; Public Law 108-188; and section 221(a)(2) of
the Compacts of Free Association and their related agreements
between the Government of the United States and the Government
of the Republic of the Marshall Islands, and the Government of
the United States of the Federated States of Micronesia,
respectively, as amended.
Departmental Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for management of the Department of
the Interior, $90,855,000, of which not to exceed $8,500 may be
for official reception and representation expenses, of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines, and
of which $14,250,000 shall remain available until expended for
a departmental financial and business management system:
Provided, That of the funds provided for a departmental
financial and business management system, $13,500,000 shall be
derived by transfer from unobligated balances in the ``Central
Hazardous Materials Fund'': Provided further, That none of the
funds in this or previous appropriations Acts may be used to
establish any additional reserves in the Working Capital Fund
account other than the two authorized reserves without prior
approval of the House and Senate Committees on Appropriations:
Provided further, That amounts otherwise appropriated by this
Act for motor vehicle lease, purchase or service costs at the
Department of the Interior are reduced by $3,000,000 and, not
later than 30 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by
account of the reductions made pursuant to this proviso.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $230,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Office of the Solicitor
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$52,384,000.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$37,800,000.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $196,267,000, to remain available until expended, of
which not to exceed $58,000,000 shall be available for
historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the
Departmental Management, ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2005, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $35,000,000, to remain available until expended, and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management accounts: Provided, That funds provided
under this heading may be expended pursuant to the authorities
contained in the provisos under the heading ``Office of Special
Trustee for American Indians, Indian Land Consolidation'' of
the Interior and Related Agencies Appropriations Act, 2001
(Public Law 106-291).
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 etseq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act
of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law
101-337, as amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund: Provided further, That the annual budget
justification for Departmental Management shall describe
estimated Working Capital Fund charges to bureaus and offices,
including the methodology on which charges are based: Provided
further, That departures from the Working Capital Fund
estimates contained in the Departmental Management budget
justification shall be presented to the Committees on
Appropriations for approval: Provided further, That the
Secretary shall provide a semi-annual report to the Committees
on Appropriations on reimbursable support agreements between
the Office of the Secretary and the National Business Center
and the bureaus and offices of the Department, including the
amounts billed pursuant to such agreements.
General Provisions, Department of the Interior
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287, and must be replenished by a
supplemental appropriation which must be requested as promptly
as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section are
hereby designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287, and must be replenished by a
supplemental appropriation which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior shall hereafter be available for operation of
warehouses, garages, shops, and similar facilities, wherever
consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for
services rendered to any other activity in the same manner as
authorized by sections 1535 and 1536 of title 31, United States
Code: Provided, That reimbursements for costs and supplies,
materials, equipment, and for services rendered may be credited
to the appropriation current at the time such reimbursements
are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be available
for uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made to the Department of
the Interior shall hereafter be available for obligation in
connection with contracts issued for services or rentals for
periods not in excess of 12 months beginning at any time during
the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may providefor and regulate local non-
recreational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such activity
appropriate to that unit.
Sec. 111. Advance payments made by the Department of the
Interior to Indian tribes, tribal organizations, and tribal
consortia pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) or the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.) may hereafter be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
Sec. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee
for American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities, except that total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
Sec. 113. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases in
the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of
title 5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an Indian
probate judge so appointed may be fixed by the Secretary
without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2005. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 115. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2005 shall be
allocated among the schools proportionate to the unmet need of
the schools as determined by the Postsecondary Funding Formula
adopted by the Office of Indian Education Programs.
Sec. 116. (a) The Secretary of the Interior shall hereafter
take such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 117. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 118. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings, may hereafter be credited to the appropriation from
which funds were expended to acquire or grow the seeds or
seedlings and are available without fiscal year limitation.
Sec. 119. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection
(a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not
be applicable to such use. Such use shall be in accordance with
humane procedures prescribed by the Secretary.
Sec. 120. (a) Limitation on Increases in Claims Maintenance
and Location Fees.--The fees established in 30 U.S.C. 28f and
28g shall be equal to the fees in effect immediately prior to
the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the
Department of the Interior has complied with the obligations
established in subsections (b) and (c).
(b) Establishment of Permit Tracking System.--The
Department of the Interior shall establish a nationwide
tracking system to determine and address the length of time
from submission of a plan of operations to mine on public lands
to final approval of such submission.
(c) Report.--Within one year of enactment, the Department
shall file a detailed report with the House and Senate
Committees on Appropriations and the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate providing detailed information
on the length of timeit takes the Department to approve
proposed mining plans of operations and recommending steps to reduce
current delays.
Sec. 121. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah Valley
Battlefields National Historic District and Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the Land
and Water Conservation Fund Act of 1965 as amended.
Sec. 122. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or
requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 123. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 124. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Norton litigation at an annual rate that exceeds 200
percent of the highest Senior Executive Service rate of pay for
the Washington-Baltimore locality pay area.
Sec. 125. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest
hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Norton.
Sec. 126. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest, that
are released from Federally operated or Federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
Sec. 127. Such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', may be transferred to
``United States Fish and Wildlife Service, Resource
Management'' for operational needs at the Midway Atoll National
Wildlife Refuge airport.
Sec. 128. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United
States Court of Appeals for the 10th Circuit in Sac and Fox
Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land that
is contiguous to that land, regardless of whether the land or
contiguous land has been taken into trust by the Secretary of
the Interior.
Sec. 129. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
Sec. 130. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the
National Indian Gaming Commission for fiscal year 2006 shall
not exceed $12,000,000.
Sec. 131. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2005 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2003. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. Sections
458aa-458hh: Provided, That the California Trust Reform
Consortium and any other participating tribe agree to carry out
their responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary of
the Interior: Provided further, That they demonstrate to the
satisfaction of the Secretary that they have the capability to
do so: Provided further, That the Department shall provide
funds to the tribes in an amount equal to that required by 25
U.S.C. Section 458cc(g)(3), including funds specifically or
functionally related to the provision of trust services to the
tribes or their members.
Sec. 132. Notwithstanding any provision of law, including
42 U.S.C. 4321 et. seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land
Management within the past 8 years, shall be renewed. The
Animal Unit Months contained in the most recently expired
nonrenewable grazing permit, authorized between March 1, 1997,
and February 28, 2003, shall continue in effect under the
renewed permit. Nothing in this section shall be deemed to
extend the nonrenewable permits beyond the standard 1-year
term.
Sec. 133. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the
following claims shall be given notice of defect and the
opportunity to cure: AKFF061472, AKFF085155-AKFF085156,
AKFF061632-AKFF061633, AKFF061636-AKFF061637, and AKFF084718.
Sec. 134. Section 702(b)(2) of Public Law 107-282 (116
Stat. 2013) is amended by striking ``that if the land'' and all
that follows through ``conveyed by the Foundation.'' and
inserting the following: ``that provides that (except in a case
in which the proceeds of a lease are provided to the Foundation
to carry out the purposes for which the Foundation was
established), if the land described in paragraph (3) is sold,
leased, or otherwise conveyed by the Foundation--''.
Sec. 135. Amendment of the Surface Mining Control and
Reclamation Act of 1977. (a) Section 402(b) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
is amended by striking ``September 30, 2004'' and inserting
``June 30, 2005''.
(b) Section 125 of Public Law 108-309 is hereby repealed.
Sec. 136. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis,Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and
other monetary consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases, concession
contracts or other agreements for the use of such facilities on such
terms and conditions as the Secretary may determine reasonable.
Sec. 137. Ernest F. Hollings ACE Basin National Wildlife
Refuge. (a) Redesignation.--The ACE Basin National Wildlife
Refuge in the State of South Carolina shall be known and
designated as the ``Ernest F. Hollings ACE Basin National
Wildlife Refuge''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
refuge referred to in subsection (a) shall be deemed to be a
reference to the Ernest F. Hollings ACE Basin National Wildlife
Refuge.
Sec. 138. Financial Assistance; Flood Insurance. The
limitations on Federal expenditures or financial assistance in
section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504)
and the limitations on flood insurance coverage in section
1321(a) of the National Flood Insurance Act of 1968 (42 U.S.C.
4028(a)) shall not apply to lots 15, 16, 25, and 29 within the
Jeremy Cay Subdivision on Edisto Island, South Carolina,
depicted on the reference map entitled ``John H. Chafee Coastal
Barrier Resources System Edisto Complex M09/M09P'' dated
January 24, 2003.
Sec. 139. (a) There is hereby released, without
consideration, all right, title, and interest of the United
States in and to the surface portion of that portion of the
existing building located at 615 North Burnett Road in Tipton,
California, which encroaches upon land that, subject to a
reversionary interest, was conveyed by the United States
pursuant to the Act of July 27, 1866 (14 Stat. 292). The United
States retains any subsurface mineral rights held by the United
States as of the date of the enactment of this Act associated
with that property. The Secretary of the Interior shall execute
and file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the release
of interests made by this subsection.
(b) Section 314 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3480) is amended--
(1) in subsection (c)(2), by striking ``Such rights
of use and occupancy shall be for not more than twenty-
five years or for a term ending at the death of the
owner or his or her spouse, whichever is later.''; and
(2) in subsection (d)(2)(B), by inserting ``and to
their heirs, successors, and assigns'' after ``those
persons who were lessees or permittees of record on the
date of enactment of this Act''.
(c)(1) The first section of Public Law 99-338 is amended by
striking ``one renewal'' and inserting ``3 renewals''.
(2) Section 3 of Public Law 99-338 is amended to read as
follows:
``Sec. 3. The permit shall contain the following
provisions:
``(1) A prohibition on expansion of the Kaweah
Project in Sequoia National Park.
``(2) A requirement that an independent safety
assessment of the Kaweah Project be conducted, and that
any deficiencies identified as a result of the
assessment would be corrected.
``(3) A requirement that the Secretary prepare and
submit to Congress an update of the July 1983 report on
the impact of the operations of the Kaweah No. 3
facility on Sequoia National Park.
``(4) A requirement that the permittee pay the park
compensation as determined by the Secretary in
consultation with the permittee.
``(5) Any other reasonable terms and conditions
that the Secretary of the Interior deems necessary and
proper for the management and care of Sequoia National
Park and the purposes for which it was established.''.
(3) Public Law 99-338 is further amended by adding at the
end the following new section:
``Sec. 4. The proceeds from any fees imposed pursuant to
a permit issued under this Act shall be retained by Sequoia
National Park and Kings Canyon National Park and shall be
available, without further appropriation, for resources
protection, maintenance, and other park operational needs.''.
Sec. 140. (a) Short Title. This section may be cited as the
``Gaylord A. Nelson Apostle Islands National Lakeshore
Wilderness Act''.
(b) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled
``Apostle Islands Lakeshore Wilderness'', numbered 633/
80,058 and dated September 17, 2004.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) High-water mark.--The term ``high-water mark''
means the point on the bank or shore up to which the
water, by its presence and action or flow, leaves a
distinct mark indicated by erosion, destruction of or
change in vegetation or other easily recognizable
characteristic.
(c) Designation of Apostle Islands National Lakeshore
Wilderness.--
(1) Designation.--Certain lands comprising
approximately 33,500 acres within the Apostle Islands
National Lakeshore, as generally depicted on the map
referred to in subsection (b), are hereby designated as
wilderness in accordance with section 3(c) of the
Wilderness Act (16 U.S.C. 1132), and therefore as
components of the National Wilderness Preservation
System.
(2) Map and description.--
(A) The map referred to in subsection (b)
shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(B) As soon as practical after enactment of
this section, the Secretary shall submit a
description of the boundary of the wilderness
areas to the Committee on Energy and Natural
Resources of the Senate and the Committee on
Resources of the United States House of
Representatives.
(C) The map and description shall have the
same force and effect as if included in this
section, except that the Secretary may correct
clerical and typographical errors in the
description and maps.
(3) Boundary of the wilderness.--Any portion of
wilderness designated in paragraph (c)(1) that is
bordered by Lake Superior shall use as its boundary the
high-water mark.
(4) Naming.--The wilderness area designated by this
section shall be known as the Gaylord A. Nelson
National Wilderness.
(d) Administration.--
(1) Management.--Subject to valid existing rights,
the lands designated as wilderness by this section
shall be administered by the Secretary in accordance
with the applicable provisions of the Wilderness Act
(16 U.S.C. 1131), except that--
(A) any reference in that Act to the
effective date shall be considered to be a
reference to the date of enactment of this
section; and
(B) where appropriate, any reference to the
Secretary of Agriculture shall be considered to
be a reference to the Secretary on the Interior
with respect to lands administered by the
Secretary.
(2) Savings provisions.--Nothing in this section
shall--
(A) modify, alter, or in any way affect any
treaty rights;
(B) alter the management of the waters of
Lake Superior within the boundary of the
Apostle Islands National Lakeshore in existence
on the date of enactment of this section; or
(C) be construed to modify, limit, or in
any way affect the use of motors on the lake
waters, including snowmobiles and the beaching
of motorboats adjacent to wilderness areas
below the high water mark, and the maintenance
and expansion of any docks existing at the time
of the enactment of this section.
Sec. 141. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National
Preserve, the Secretary shall also issue a special use permit
for that portion of the grazing allotment located within the
Preserve. The special use permit shall be issued with the same
terms and conditions as the most recently-issued permit for
that allotment and the Secretary shall consider the permit to
be one transferred in accordance with section 325 of Public Law
108-108.
Sec. 142. Sale of Wild Free-Roaming Horses and Burros. (a)
In General.--Section 3 of Public Law 92-195 (16 U.S.C. 1333) is
amended--
(1) in subsection (d)(5), by striking ``this
section'' and all that follows through the period at
the end and inserting ``this section.''; and
(2) by adding at the end the following:
``(e) Sale of Excess Animals.--
``(1) In general.--Any excess animal or the remains
of an excess animal shall be sold if--
``(A) the excess animal is more than 10
years of age; or
``(B) the excess animal has been offered
unsuccessfully for adoption at least 3 times.
``(2) Method of sale.--An excess animal that meets
either of the criteria in paragraph (1) shall be made
available for sale without limitation, including
through auction to the highest bidder, at local sale
yards or other convenient livestock selling facilities,
until such time as--
``(A) all excess animals offered for sale
are sold; or
``(B) the appropriate management level, as
determined by the Secretary, is attained in all
areas occupied by wild free-roaming horses and
burros.
``(3) Disposition of funds.--Funds generated from
the sale of excess animals under this subsection shall
be--
``(A) credited as an offsetting collection
to the Management of Lands and Resources
appropriation for the Bureau of Land
Management; and
``(B) used for the costs relating to the
adoption of wild free-roaming horses and
burros, including the costs of marketing such
adoption.
``(4) Effect of sale.--Any excess animal sold under
this provision shall no longer be considered to be a
wild free-roaming horse or burro for purposes of this
Act.''.
(b) Criminal Provisions.--Section 8(a)(4) of Public Law 92-
195 (16 U.S.C. 1338(a)(4)) is amended by inserting ``except as
provided in section 3(e),'' before ``processes''.
Sec. 143. (a) Short Title.--This section may be cited as
the ``Migratory Bird Treaty Reform Act of 2004''.
(b) Exclusion of Non-Native Species From Application of
Certain Prohibitions Under Migratory Bird Treaty Act.--Section
2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended--
(1) in the first sentence by striking ``That unless
and except as permitted'' and inserting the following:
``(a) In General.--Unless and except as permitted'';
and
(2) by adding at the end the following:
``(b) Limitation on Application to Introduced Species.--
``(1) In general.--This Act applies only to
migratory bird species that are native to the United
States or its territories.
``(2) Native to the united states defined.--
``(A) In general.--Subject to subparagraph
(B), in this subsection the term ``native to
the United States or its territories'' means
occurring in the United States or its
territories as the result of natural biological
or ecological processes.
``(B) Treatment of introduced species.--For
purposes of paragraph (1), a migratory bird
species that occurs in the United States or its
territories solely as a result of intentional
or unintentional human-assisted introduction
shall not be considered native to the United
States or it territories unless--
``(i) it was native to the United
States or its territories and extant in
1918;
``(ii) it was extirpated after 1918
throughout its range in the United
States and its territories; and
``(iii) after such extirpation, it
was reintroduced in the United States
or its territories as a part of a
program carried out by a Federal
agency.''.
(c) Publication of List.--
(1) In general.--Not later than 90 days after the
date of enactment of this section, the Secretary of the
Interior shall publish in the Federal Register a list
of all nonnative, human-introduced bird species to
which the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.) does not apply. As necessary, the Secretary may
update and publish the list of species exempted from
protection of the Migratory Bird Treaty Act.
(2) Public comment.--Before publishing the list
under paragraph (1), the Secretary shall provide
adequate time for public comment.
(3) Effect of section.--Nothing in this subsection
shall delay implementation of other provisions of this
section or amendments made by this section that exclude
nonnative, human-introduced bird species from the
application of the Migratory Bird Treaty Act (16 U.S.C.
703 et seq.).
(d) Relationship to Treaties.--It is the sense of Congress
that the language of this section is consistent with the intent
and language of the 4 bilateral treaties implemented by this
section.
Sec. 144. (a) Short Title.--This section may be cited as
the ``Foundation for Nevada's Veterans Land Transfer Act of
2004''.
(b) Transfer of Administrative Jurisdiction, Bureau of Land
Management Land, Clark County, Nevada.--
(1) In general.--Administrative jurisdiction over
the land described in paragraph (2) is transferred from
the Secretary of the Interior to the Secretary of
Veterans Affairs.
(2) Description of land.--The parcel of land
referred to in paragraph (1) is the approximately 150
acres of Bureau of Land Management land in Clark
County, Nevada, as generally depicted on the map
entitled ``Veterans Administration Conveyance'' and
dated September 24, 2004.
(3) Use of land.--The parcel of land described in
paragraph (2) shall be used by the Secretary of
Veterans Affairs for the construction and operation of
medical and related facilities, as determined to be
appropriate by the Secretary of Veterans Affairs.
Sec. 145. Cumberland Island Wilderness Boundary Adjustment.
(a) In General.--Public Law 97-250 (96 Stat. 709) is amended by
striking section 2 and inserting the following:
``SEC. 2. CUMBERLAND ISLAND WILDERNESS.
``(a) Definitions.--In this section:
``(1) Map.--The term `map' means the map entitled
`Cumberland Island Wilderness', numbered 640/20,038I,
and dated September 2004.
``(2) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(3) Wilderness.--The term `Wilderness' means the
Cumberland Island Wilderness established by subsection
(b).
``(4) Potential wilderness.--The term `Potential
Wilderness' means the 10,500 acres of potential
wilderness described in subsection (c)(2), but does not
include the area at the north end of Cumberland Island
known as the `High Point Half-Moon Bluff Historic
District'.
``(b) Establishment.--
``(1) In general.--Approximately 9,886 acres of
land in the Cumberland Island National Seashore
depicted on the map as `Wilderness' is designated as a
component of the National Wilderness Preservation
System and shall be known as the `Cumberland Island
Wilderness'.
``(2) Exclusions.--The 25-foot wide roadways
depicted on the map as the `Main Road', `Plum Orchard',
and the `North Cut Road' shall not be included in the
Wilderness and shall be maintained by the Secretary for
continued vehicle use.
``(c) Additional Land.--In addition to the land designated
under subsection (b), the Secretary shall--
``(1) on acquisition of the approximately 231 acres
of land identified on the map as `Areas Become
Designated Wilderness upon Acquisition by the NPS'; and
``(2) on publication in the Federal Register of a
notice that all uses of the approximately 10,500 acres
of land depicted on the map as `Potential Wilderness'
that are prohibited under the Wilderness Act (16 U.S.C.
1131 et seq.) have ceased, adjust the boundary of the
Wilderness to include the land.
``(d) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
``(e) Administration.--Subject to valid existing rights,
the Wilderness shall be administered by the Secretary, in
accordance with the applicable provisions of the Wilderness Act
(16 U.S.C. 1131 et seq.) governing areas designated by that Act
as wilderness areas, except that--
``(1) any reference in such provisions to the
effective date of that Act shall be deemed to be a
reference to the effective date of this Act; and
``(2) where appropriate, any reference in that Act
to the Secretary of Agriculture shall be deemed to be a
reference to the Secretary.
``(f) Effect.--Any person with a right to utility service
on Cumberland Island on the date of enactment of this
subsection shall continue to have the right to utility service
in the Wilderness after the date of enactment of this
subsection.
``(g) Management Plan for Access to Main Road and North Cut
Road.--Not later than one year after the date of the enactment
of the Cumberland Island Wilderness Boundary Adjustment Act of
2004, the Secretary shall complete a management plan to ensure
that not more than 8 and not less than 5 round trips are made
available daily on the Main Road north of the Plum Orchard Spur
and the North Cut Road by the National Park Service or a
concessionaire for the purpose of transporting visitors to and
from the historic sites located adjacent to Wilderness.''.
(b) Tours of Cumberland Island National Seashore.--Section
6 of Public Law 92-536 (86 Stat. 1066) is amended--
(1) in subsection (b), by inserting ``, except as
provided in subsection (c),'' before ``no development
of the project''; and
(2) by adding at the end the following:
``(c) Tours of the Seashore.--Notwithstanding subsection
(b), the Secretary may enter into not more than 3 concession
contracts, as the Secretary determines appropriate, for the
provision of tours for visitors to the seashore that are
consistent with--
``(1) this Act;
``(2) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
``(3) Public Law 97-250 (96 Stat. 709).''.
(c) Short Title.--This section may be cited as the
``Cumberland Island Wilderness Boundary Adjustment Act of
2004''.
Sec. 146. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in Part
VII of the Federal Register for November 10, 2004, 69 Fed. Reg.
65348, et seq., shall be in force and effect for the winter use
season of 2004-2005 that commences on or about December 15,
2004.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $280,278,000, to remain available until
expended: Provided, That of the funds provided, $56,714,000 is
for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $296,626,000, to remain
available until expended, as authorized by law of which
$57,939,000 is to be derived from the Land and Water
Conservation Fund: Provided, That none of the funds provided
under this heading for the acquisition of lands or interests in
lands shall be available until the Forest Service notifies the
House Committee on Appropriations and the Senate Committee on
Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share: Provided further,
That notwithstanding any other provision of law, of the funds
provided under this heading, $2,000,000 shall be made available
to Kake Tribal Corporation as an advance direct lump sum
payment to implement the Kake Tribal Corporation Land Transfer
Act (Public Law 106-283), and $1,500,000 shall be made
available to Canton, NC, as an advance direct lump sum payment
for wood products waste water treatment repairs.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,400,260,000, to
remain available until expended, which shall include 50 percent
of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, inaccordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That unobligated balances under this
heading available at the start of fiscal year 2005 shall be displayed
by budget line item in the fiscal year 2006 budget justification:
Provided further, That, through fiscal year 2009, the Secretary may
authorize the expenditure or transfer of such sums as necessary to the
Department of the Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros from
National Forest System lands, and for the performance of cadastral
surveys to designate the boundaries of such lands: Provided further,
That of the funds provided under this heading for Forest Products,
$5,000,000 shall be allocated to the Alaska Region, in addition to its
normal allocation for the purposes of preparing additional timber for
sale, to establish a 3-year timber supply and such funds may be
transferred to other appropriations accounts as necessary to maximize
accomplishment: Provided further, That within funds available for the
purpose of implementing the Valles Caldera Preservation Act,
notwithstanding the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106-248), for fiscal year 2005,
the Chair of the Board of Trustees of the Valles Caldera Trust may
receive, upon request, compensation for each day (including travel
time) that the Chair is engaged in the performance of the functions of
the Board, except that compensation shall not exceed the daily
equivalent of the annual rate in effect for members of the Senior
Executive Service at the ES-1 level, and shall be in addition to any
reimbursement for travel, subsistence and other necessary expenses
incurred by the Chair in the performance of the Chair's duties.
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,727,008,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further, That
not less than 50 percent of any unobligated balances remaining
(exclusive of amounts for hazardous fuels reduction) at the end
of fiscal year 2004 shall be transferred, as repayment for past
advances that have not been repaid, to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et
seq.): Provided further, That notwithstanding any other
provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in
support of the Joint Fire Science Program: Provided further,
That all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropriation, are
also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and wildfire
suppression activities of the Forest Service: Provided further,
That of the funds provided, $266,238,000 is for hazardous fuels
reduction activities, $13,000,000 is for rehabilitation and
restoration, $22,025,000 is for research activities and to make
competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16
U.S.C. 1641 et seq.), $40,745,000 is for State fire assistance,
$8,000,000 is for volunteer fire assistance, $15,000,000 is for
forest health activities on Federal lands and $10,000,000 is
for forest health activities on State and private lands:
Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National
Forest System'', and ``Forest and Rangeland Research'' accounts
to fund State fire assistance, volunteer fire assistance,
forest health management, forest and rangeland research,
vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That transfers of any amounts in
excess of those authorized in this paragraph, shall require
approval of the House and Senate Committees on Appropriations
in compliance with reprogramming procedures contained in House
Report 108-330: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the
Forest Service under the State and Private Forestry
Appropriations, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for hazardous
fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any
portion of such funds shall be available for use on non-Federal
lands in accordance with authorities available to the Forest
Service under the State and Private Forestry Appropriation:
Provided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: Provided
further, That of the funds provided for hazardous fuels
reduction, not to exceed $5,000,000, may be used to make
grants, using any authorities available to the Forest Service
under the State and Private Forestry appropriation, for the
purpose of creating incentives for increased use of biomass
from national forest lands.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $521,952,000, to remain available until expended
for construction, reconstruction, maintenance and acquisition
of buildings and other facilities, and for construction,
reconstruction, repair, decommissioning, and maintenance of
forest roads and trails by the Forest Service as authorized by
16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up
to $15,000,000 of the funds provided herein for road
maintenance shall be available for the decommissioning of
roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided
further, That no funds shall be expended to decommission any
system road until notice and an opportunity for public comment
has been provided on each decommissioning project: Provided
further, That subject to all the authorities available to the
Forest Service under the State and Private Forestry
appropriation, up to $1,000,000 may be used on non-federal
lands adjacent to the Chugach National Forest for the purpose
of expanding recreational opportunities.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $61,866,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $65,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $5,962,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed 124
passenger motor vehicles of which 21 will be used primarily for
law enforcement purposes and of which 124 shall be for
replacement; acquisition of 25 passenger motor vehicles from
excess sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from excess
sources to maintain the operable fleet at 195 aircraft for use
in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft; (2) services pursuant to 7 U.S.C.
2225, and not to exceed $100,000 for employment under 5 U.S.C.
3109; (3) purchase, erection, and alteration of buildings and
other public improvements (7 U.S.C. 2250); (4) acquisition of
land, waters, and interests therein pursuant to 7 U.S.C. 428a;
(5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31 U.S.C.
3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon notification of the House and Senate Committees
on Appropriations and if and only if all previously
appropriated emergency contingent funds under the heading
``Wildland Fire Management'' have been released by the
President and apportioned and all wildfire suppression funds
under the heading ``Wildland Fire Management'' are obligated.
The first transfer of funds into the Wildland Fire
Management account shall include unobligated funds, if
available, from the Land Acquisition account and the Forest
Legacy program within the State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in connection
with forest and rangeland research, technical information, and
assistance in foreign countries, and shall be available to
support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b.
Not less than $20,000,000 of funds under section 8002 of
the Farm Security and Rural Investment Act of 2002 is hereby
canceled.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in House Report 108-330.
Not more than $72,467,000 of the funds available to the
Forest Service shall be transferred to the Working Capital Fund
of the Department of Agriculture.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,300,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the
Forest Service mission, without regard to when the Foundation
incurs expenses, for administrative expenses or projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, $300,000 may be used for Forest
Service Centennial activities and, of the total available to
the Foundation, no more than $350,000 shall be available for
administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-
one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both
principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and
may be advanced in a lump sum to aid conservation partnership
projects in support of the Forest Service mission, without
regard to when expenses are incurred, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis
funds advanced by the Forest Service: Provided further, That
the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $1,000,000.
For fiscal years 2005 and 2006, the Secretary of
Agriculture may authorize the sale of excess buildings,
facilities, and other properties owned by the Forest Service
and located on the Green Mountain National Forest, the revenues
of which shall be retained by the Forest Service and available
to the Secretary without further appropriation and until
expended for maintenance and rehabilitation activities on the
Green Mountain National Forest.
For each fiscal year through 2009, the Secretary of
Agriculture may transfer or reimburse funds available to the
Forest Service, not to exceed $15,000,000, to the Secretary of
the Interior or the Secretary of Commerce to expedite
conferencing and consultations as required under section 7 of
the Endangered Species Act, 16 U.S.C. 1536. The amount of the
transfer or reimbursement shall be as mutually agreed by the
Secretary of Agriculture and the Secretary of the Interior or
Secretary of Commerce, as applicable, or their designees. The
amount shall in no case exceed the actual costs of consultation
and conferencing.
Beginning on June 30, 2001 and concluding on December 31,
2005, an eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service in this Act may be
used for the purpose of expenses associated with primary and
secondary schooling for dependents of agency personnel
stationed in Puerto Rico prior to the date of enactment of this
Act, who are subject to transfer and reassignment to other
locations in the United States, at a cost not in excess of
those authorized for the Department of Defense for the same
area, when it is determined by the Chief of the Forest Service
that public schools available in the locality are unable to
provide adequately for the education of such dependents.
For fiscal years 2005 and 2006, the Secretary of
Agriculture may authorize the sale of excess buildings,
facilities, and other properties owned by the Forest Service
and located on the Wasatch-Cache National Forest, the revenues
of which shall be retained by the Forest Service and available
to the Secretary without further appropriation and until
expended for acquisition and construction of administrative
sites on the Wasatch-Cache National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $257,000,000 shall not be available
until October 1, 2005: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing
project regardless of the separate request for proposal under
which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real propertyor any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $579,911,000, to remain available until expended, of which
$4,000,000 is to continue a multi-year project for construction,
renovation, furnishing, and demolition or removal of buildings at
National Energy Technology Laboratory facilities in Morgantown, West
Virginia and Pittsburgh, Pennsylvania: Provided, That of the amounts
provided, $18,000,000 is to continue a multi-year project coordinated
with the private sector for FutureGen, without regard to the terms and
conditions applicable to clean coal technology projects: Provided
further, That the initial planning and research stages of the FutureGen
project shall include a matching requirement from non-Federal sources
of at least 20 percent of the costs: Provided further, That any
demonstration component of such project shall require a matching
requirement from non-Federal sources of at least 50 percent of the
costs of the component: Provided further, That of the amounts provided,
$50,000,000 is available, after coordination with the private sector,
for a request for proposals for a Clean Coal Power Initiative providing
for competitively-awarded research, development, and demonstration
projects to reduce the barriers to continued and expanded coal use:
Provided further, That no project may be selected for which sufficient
funding is not available to provide for the total project: Provided
further, That funds shall be expended in accordance with the provisions
governing the use of funds contained under the heading ``Clean Coal
Technology'' in 42 U.S.C. 5903d: Provided further, That the Department
may include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution to
the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided further, That
such repayments shall be retained by the Department for future coal-
related research, development and demonstration projects: Provided
further, That any technology selected under this program shall be
considered a Clean Coal Technology, and any project selected under this
program shall be considered a Clean Coal Technology Project, for the
purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 of
the Code of Federal Regulations: Provided further, That funds shall be
expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in prior
appropriations: Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear explosives in
the recovery of oil and gas: Provided further, That up to 4 percent of
program direction funds available to the National Energy Technology
Laboratory may be used to support Department of Energy activities not
included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $18,000,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale
reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106, $36,000,000,
to become available on October 1, 2005 for payment to the State
of California for the State Teachers' Retirement Fund from the
Elk Hills School Lands Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $649,092,000, to remain available until expended:
Provided, That $44,798,000 is for State energy program grants
pursuant to 42 U.S.C. 6323, notwithstanding section 3003(d)(2)
of Public Law 99-509.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $172,100,000, to
remain available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities pursuant
to the Energy Policy and Conservation Act of 2000, $5,000,000,
to remain available until expended.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $85,000,000, to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase, repair, and
cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Governmentfor the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered, into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of Representatives
and the President of the Senate of a full comprehensive report
on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procurement
documents for programs or projects for which appropriations
have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $2,633,072,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That up to $18,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $487,085,000 for contract medical care
shall remain available for obligation until September 30, 2006:
Provided further, That of the funds provided, up to $27,000,000
to remain available until expended, shall be used to carry out
the loan repayment program under section 108 of the Indian
Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and
grants which are to be performed in two fiscal years, so long
as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $267,398,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the
Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2005, of which not to
exceed $2,500,000 may be used for contract support costs
associated with new or expanded self-determination contracts,
grants, self-governance compacts or annual funding agreements:
Provided further, That funds available for the Indian Health
Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities
account: Provided further, That of the amounts provided to the
Indian Health Service, $15,000,000 is provided for alcohol
control, enforcement, prevention, treatment, sobriety and
wellness, and education in Alaska: Provided further, That none
of the funds may be used for tribal courts or tribal ordinance
programs or any program that is not directly related to alcohol
control, enforcement, prevention, treatment, or sobriety:
Provided further, That no more than 15 percent may be used by
any entity receiving funding for administrative overhead
including indirect costs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $394,048,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department
of Housing and Urban Development: Provided further, That not to
exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service
to obtain ambulances for the Indian Health Service and tribal
facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the General
Services Administration: Provided further, That notwithstanding
any otherprovision of law, funds appropriated for the planning,
design, and construction of the replacement health care facility in
Barrow, Alaska, may be used to purchase land up to approximately 8
hectares for a site upon which to construct the new health care
facility: Provided further, That not to exceed $500,000 shall be placed
in a Demolition Fund, available until expended, to be used by the
Indian Health Service for demolition of Federal buildings: Provided
further, That up to $2,700,000 from unobligated balances may be used
for the purchase of land at two sites for the construction of the
northern and southern California Youth Regional Treatment Centers
subject to advance approval from the House and Senate Committees on
Appropriations.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process. Personnel
ceilings may not be imposed on the Indian Health Service nor
may any action be taken to reduce the full time equivalent
level of the Indian Health Service below the level in fiscal
year 2002 adjusted upward for the staffing of new and expanded
facilities, funding provided for staffing at the Lawton,
Oklahoma hospital in fiscal years 2003 and 2004, critical
positions not filled in fiscal year 2002, and staffing
necessary to carry out the intent of Congress with regard to
program increases.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title V of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance
with subsequent adjustment. The reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The Indian Health Service may purchase 8.5 acres of land
for expansion of parking facilities at the W.W. Hastings
hospital in Tahlequah, Oklahoma using third party collections
subject to advance approval from the House and Senate
Committees on Appropriations.
Notwithstanding any other provision of law, the Tulsa and
Oklahoma City Clinic demonstration projects shall be permanent
programs under the direct care program of the Indian Health
Service; shall be treated as service units and operating units
in the allocation of resources and coordination of care; shall
continue to meet the requirements applicable to an Urban Indian
organization under this title; and shall not be subject to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$5,000,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitionedlands residents,
those in significantly substandard housing, and all others certified as
eligible and not included in the preceding categories: Provided
further, That none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985, was
physically domiciled on the lands partitioned to the Hopi Tribe unless
a new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one new or
replacement home: Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a replacement
residence off the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$6,000,000, of which up to $1,000,000 may remain available
until expended to assist with the Institute's efforts to
develop a Continuing Education Lifelong Learning Center.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to five replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees, $495,925,000, of which not to exceed $10,108,000 for
the instrumentation program, collections acquisition,
exhibition reinstallation, the National Museum of African
American History and Culture, and the repatriation of skeletal
remains program shall remain available until expended; and of
which $1,620,000 for fellowships and scholarly awards shall
remain available until September 30, 2006; and including such
funds as may be necessary to support American overseas research
centers and a total of $125,000 for the Council of American
Overseas Research Centers: Provided, That funds appropriated
herein are available for advance payments to independent
contractors performing research services or participating in
official Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long term
and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H Street,
N.W. building in the District of Columbia: Provided further,
That this use of Federal appropriations shall not be construed
as debt service, a Federal guarantee of, a transfer of risk to,
or an obligation of, the Federal Government: Provided further,
That no appropriated funds may be used to service debt which is
incurred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing
improvements to such building.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $127,900,000, to
remain available until expended, of which not to exceed $10,000
is for services as authorized by 5 U.S.C. 3109: Provided, That
contracts awarded for environmental systems, protection
systems, and repair or restoration of facilities of the
Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without the advance
approval of the House and Senate Committees on Appropriations.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the House
and Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the statement of the
managers accompanying this Act.
None of the funds in this or any other Act may be used to
purchase any additional buildings without prior consultation
with the House and Senate Committees on Appropriations.
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $93,000,000, of which not to exceed
$3,026,000 for the special exhibition program shall remain
available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $11,100,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$17,152,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $16,334,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $8,987,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$122,972,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$21,729,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' account and ``Challenge America'' account
may be transferred to and merged with this account.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$123,877,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $16,122,000, to remain available until expended, of
which $10,436,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided,
That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts
have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses: Provided further, That the Chairperson of the
National Endowment for the Arts may approve grants up to
$10,000, if in the aggregate this amount does not exceed 5
percent of the sums appropriated for grant-making purposes per
year: Provided further, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation of
authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,793,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be credited
to this account as an offsetting collection, to remain
available until expended without further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,600,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $8,000,000: Provided,
That one-quarter of 1 percent of the funds provided under this
heading may be used for official reception and representational
expenses to host international visitors engaged in the planning
and physical development of world capitals.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$41,433,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.
Presidio Trust
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $20,000,000
shall be available to the Presidio Trust, to remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 302. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 303. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are approved
by such committees.
Sec. 306. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2004.
Sec. 307. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2005, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 308. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, and 108-108 for payments
to tribes and tribal organizations for contract support costs
associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements with
the Bureau of Indian Affairs or the Indian Health Service as
funded by such Acts, are the total amounts available for fiscal
years 1994 through 2004 for such purposes, except that, for the
Bureau of Indian Affairs, tribes and tribal organizations may
use their tribal priority allocations for unmet indirect costs
of ongoing contracts, grants, self-governance compacts or
annual funding agreements.
Sec. 309. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Sec. 310. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to
solicit, accept, receive, and invest in the name of the United
States, gifts, bequests, or devises of money and other property
or services and to use such in furtherance of the functions of
the National Endowment for the Arts and the National Endowment
for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the
Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the
Chairman. The Chairman shall enter the proceeds in a special
interest-bearing account to the credit of the appropriate
endowment for the purposes specified in each case.
Sec. 311. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
Sec. 312. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the 5-
year program under the Forest and Rangeland Renewable Resources
Planning Act.
Sec. 313. None of the funds in this Act may be used to
support Government-wide administrative functions unless such
functions are justified in the budget process and funding is
approved by the House and Senate Committees on Appropriations.
Sec. 314. Notwithstanding any other provision of law, for
fiscal year 2005 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest Service
to individuals and entities in historically timber-dependent
areas in the States of Washington, Oregon, northern California,
Idaho, Montana, and Alaska that have been affected by reduced
timber harvesting on Federal lands. The Secretaries shall
consider the benefits to the local economy in evaluating bids
and designing procurements which create economic opportunities
for local contractors.
Sec. 315. Amounts deposited during fiscal year 2004 in the
roads and trails fund provided for in the 14th paragraph under
the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37
Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and
trails on National Forest System lands or to carry out and
administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and
trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human
safety and public health and property and enhancing ecological
functions, long-term forest productivity, and biological
integrity. The projects may be completed in a subsequent fiscal
year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the
timber salvage sale fund. Nothing in this section shall be
construed to exempt any project from any environmental law.
Sec. 316. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being contacted.
Sec. 317. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a
residual value approach that assigns domestic Alaska values for
western redcedar. Program accomplishments shall be based on
volume sold. Should Region 10 sell, in the current fiscal year,
the annual average portion of the decadal allowable sale
quantity called for in the current Tongass Land Management Plan
in sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales
which is surplus to the needs of domestic processors in Alaska,
shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices.
Should Region 10 sell, in the current fiscal year, less than
the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in
sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the
contiguous 48 United States shall be that volume: (i) which is
surplus to the needs of domestic processors in Alaska; and (ii)
is that percent of the surplus western redcedar volume
determined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan. The percentage shall
be calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ``rolling basis'' shall
mean that the determination of how much western redcedar is
eligible for sale to various markets shall be made at the time
each sale is awarded). Western redcedar shall be deemed
``surplus to the needs of domestic processors in Alaska'' when
the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs
from a given sale to domesticAlaska processors at a price equal
to or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 318. Section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended--
(1) by striking ``The Secretary of Agriculture may,
when in his'' and inserting ``(a) The Secretary of
Agriculture may, when in his or her'';
``(b) Amounts deposited under subsection (a)'';
(2) by striking ``may direct:'' and all that
follows through ``That the Secretary of Agriculture''
and inserting ``may direct. The Secretary of
Agriculture''; and
(3) by adding at the end the following new
subsection:
``(c) Any portion of the balance at the end of a fiscal
year in the special fund established pursuant to this section
that the Secretary of Agriculture determines to be in excess of
the cost of doing work described in subsection (a) (as well as
any portion of the balance in the special fund that the
Secretary determined, before October 1, 2004, to be excess of
the cost of doing work described in subsection (a), but which
has not been transferred by that date) shall be transferred to
miscellaneous receipts, National Forest Fund, as a National
Forest receipt, but only if the Secretary also determines
that--
``(1) the excess amounts will not be needed for
emergency wildfire suppression during the fiscal year
in which the transfer would be made; and
``(2) the amount to be transferred to miscellaneous
receipts, National Forest Fund, exceeds the outstanding
balance of unreimbursed funds transferred from the
special fund in prior fiscal years for wildfire
suppression.''.
Sec. 319. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended,
shall not result in--
(1) displacement of the holder of an authorization
to provide commercial recreation services on Federal
lands. Prior to initiating any project, the Secretary
shall consult with potentially affected holders to
determine what impacts the project may have on the
holders. Any modifications to the authorization shall
be made within the terms and conditions of the
authorization and authorities of the impacted agency;
and
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector provider,
except when--
(A) the private sector provider fails to
bid on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of a new
prospectus.
Sec. 320. Prior to October 1, 2005, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely
because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this
section exempts the Secretary from any other requirement of the
Forest and Rangeland Renewable Resources Planning Act (16
U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order
completion of the plan on an accelerated basis.
Sec. 321. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
Sec. 322. Extension of Forest Service Conveyances Pilot
Program.--Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
Public Law 107-63) is amended--
(1) in subsection (b), by striking ``30'' and
inserting ``40'';
(2) in subsection (c) by striking ``8'' and
inserting ``13''; and
(3) in subsection (d), by striking ``2007'' and
inserting ``2008''.
Sec. 323. Section 3(c) of the Harriet Tubman Special
Resource Study Act (Public Law 106-516; 114 Stat. 2405) is
amended by striking ``section 8 of section 8'' and inserting
``section 8.''
Sec. 324. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished under
said agreements to provide wildfire services are considered,
for purposes of tort liability, employees of the country
receiving said services when the individuals are engaged in
fire suppression: Provided, That the Secretary of Agriculture
or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign country
(either directly or through its fire organization) agrees to
assume any and all liability for the acts or omissions of
American firefighters engaged in firefighting in a foreign
country: Provided further, That when an agreement is reached
for furnishing fire fighting services, the only remedies for
acts or omissions committed while fighting fires shall be those
provided under the laws of the host country, and those remedies
shall be the exclusive remedies for any claim arising out of
fighting fires in a foreign country: Provided further, That
neither the sending country nor any legal organization
associated with the firefighter shall be subject to any legal
action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.
Sec. 325. Notwithstanding any other provision of law or
regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2005, the Eagle Butte
Service Unit of the Indian Health Service, at the request of
the Cheyenne River Sioux Tribe, may pay base salary rates to
health professionals up to the highest grade and step available
to a physician, pharmacist, or other health professional and
may pay a recruitment or retention bonus of up to 25 percent
above the base pay rate.
Sec. 326. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other
appropriations Act.
Sec. 327. None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling in
the Finger Lakes National Forest, New York, during fiscal year
2005.
Sec. 328. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the
Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and
training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-
dependent rural communities isolated from significant
alternative employment opportunities: Provided, That
notwithstanding Federal Government procurement and contracting
laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or disadvantaged business: Provided
further, That the contract, grant, or cooperative agreement is
for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided
further, That the terms ``rural community'' and ``economically
disadvantaged'' shall have the same meanings as in section 2374
of Public Law 101-624: Provided further, That the Secretaries
shall develop guidance to implement this section: Provided
further, That nothing in this section shall be construed as
relieving the Secretaries of any duty under applicable
procurement laws, except as provided in this section.
Sec. 329. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended for
the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
Sec. 330. Section 338 of Public Law 108-108 is amended by
striking ``2003'' and inserting in lieu thereof ``2004''.
Sec. 331. Section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16
U.S.C. 460l-6a note), is amended--
(1) in subsection (b), by inserting ``subject to
subsection (g) but'' before ``notwithstanding'' in the
matter preceding paragraph (1); and
(2) by adding at the end the following new
subsection:
``(g) The Secretary of Agriculture may not charge or
collect fees under this section for the following:
``(1) Admission to a unit of the National Forest
System (as defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1609(a)).
``(2) The use, either singly or in any combination,
of the following:
``(A) undesignated parking along roads;
``(B) overlook sites or scenic pullouts;
``(C) information offices and centers that
only provide general area information and
limited services or interpretive exhibits; and
``(D) dispersed areas for which
expenditures in facilities or services are
limited.''.
Sec. 332. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any
other Act to the Department of Energy or the Department
of the Interior for fiscal year 2005, not more than the
maximum amount specified in paragraph (2) may be used
by the Secretary of Energy or the Secretary of the
Interior to initiate or continue competitive sourcing
studies in fiscal year 2005 for programs, projects, and
activities for which funds are appropriated by this Act
until such time as the Secretary concerned submits a
reprogramming proposal to the Committees on
Appropriations of the Senate and the House of
Representatives, and such proposal has been processed
consistent with the reprogramming guidelines in House
Report 108-330.
(2) For the purposes of paragraph (1) the maximum
amount--
(A) with respect to the Department of
Energy is $500,000; and
(B) with respect to the Department of the
Interior is $3,250,000.
(3) Of the funds appropriated by this Act, not more
than $2,000,000 may be used in fiscal year 2005 for
competitive sourcing studies and related activities by
the Forest Service.
(b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on
subjecting work performed by Federal Government employees or
private contractors to public-private competition or on
converting the Federal Government employees or the work
performed by such employees to private contractor performance
under the Office of Management and Budget Circular A-76 or any
other administrative regulation, directive, or policy.
(c) Section 340(b) of Public Law 108-108 is hereby
repealed.
(d) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2005.--Notwithstanding
requirements of Office of Management and Budget Circular A-76,
Attachment B, the Forest Service is hereby exempted from
implementing the Letter of Obligation and post-competition
accountability guidelines where a competitive sourcing study
involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider; no net
savings was achieved by conducting the study, and the study was
completed prior to the date of this Act.
(e) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies
funded in this Act shall include the incremental cost directly
attributable to conducting the competitive sourcing
competitions, including costs attributable to paying outside
consultants and contractors and, in accordance with full cost
accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting
on competitive sourcing, including personnel, consultant,
travel, and training costs associated with program management.
Sec. 333. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative
functions or headquarters, regional or central office
operations shall be presented in annual budget justifications.
Changes to such estimates shall be presented to the Committees
on Appropriations for approval.
Sec. 334. None of the funds in this Act or prior Acts
making appropriations for the Department of the Interior and
Related Agencies may be provided to the managing partners or
their agents for the SAFECOM or Disaster Management projects.
Sec. 335. Conveyance of a Small Parcel of Public Domain
Land in the San Bernardino National Forest in the State of
California. (a) Findings.--The Congress finds that--
(1) a select area of the San Bernardino National
Forest in California is heavily developed with
recreation residences and is immediately adjacent to
comparably developed private property;
(2) it is in the public interest to convey the
above referenced area to the owners of the recreation
residences; and
(3) the Secretary of Agriculture should use the
proceeds of such conveyance for critical San Bernardino
National Forest infrastructure improvements or to
acquire additional lands within the boundaries of the
San Bernardino National Forest.
(b) Conveyance Required.--Subject to valid existing rights
and such terms, conditions, and restrictions as the Secretary
deems necessary or desirable in the public interest, the
Secretary of Agriculture shall convey to the Mill Creek
Homeowners Association (hereinafter Association) all right,
title, and interest of the United States in and to the Mill
Creek parcel of real estate described in subsection (c)(1). In
the event the Secretary and the Association for any reason do
not complete the sale within two years from the date of
enactment of this Act, this authority shall expire.
(c) Legal Description and Correction Authority.--
(1) Description.--The Mill Creek parcel,
approximately 35 acres, as shown on a map, ``The Mill
Creek Conveyance Parcel--San Bernardino National
Forest, dated June 1, 2004'' generally located in the
northeast quarter of Section 8, T.1S., R.1W., San
Bernardino Meridian, of the United States Public Lands
Survey System, California. The map shall be on file and
available for inspection in the office of the Chief,
Forest Service, Washington, DC and in the office of the
Forest Supervisor, San Bernardino National Forest until
such time as the lands are conveyed.
(2) Corrections.--The Secretary is authorized to
make minor corrections to this map and may modify the
description to correct errors or to reconfigure the
property in order to facilitate conveyance. In the
event of a conflict between the map description and the
USPLSS description of the land in paragraph (1), the
map will be considered the definitive description of
the land.
(d) Consideration.--Consideration for the conveyance under
subsection (b) shall be equal to the appraised fair market
value of the parcel of real property to be conveyed. Such
appraisal shall be prepared in conformity with the Uniform
Appraisal Standards for Federal Land Acquisition.
(e) Access Requirements.--Notwithstanding section 1323(a)
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3210(a)) or any other law, the Secretary is not required
to provide access over National Forest System lands to the
parcel of real estate to be conveyed under subsection (b).
(f) Administrative Costs.--All costs incurred by the
Secretary of Agriculture and any costs associated with the
creation of a subdivided parcel, conducting and recordation of
a survey, zoning, planning approval, and similar expenses with
respect to the conveyance under subsection (b), shall be borne
by the Association.
(g) Assumption of Liability.--By acceptance of the
conveyance of the parcel of real property referred to in
subsection (b), the Association and its successors and assigns
will indemnify and hold harmless the United States for any and
all liability to any party that is associated with the parcel.
(h) Treatment of Receipts.--All funds received pursuant to
the conveyance of the parcel of real property referred to in
subsection (b) shall be deposited in the fund established under
Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk
Act), and the funds shall remain available to the Secretary,
until expended, for critical San Bernardino National Forest
infrastructure improvements or the acquisition of lands,
waters, and interests in land for inclusion in the San
Bernardino National Forest.
Sec. 336. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106-291;
114 Stat. 996), is amended--
(1) in subsection (a), by striking ``Until
September 30, 2004, the'' and inserting ``The''; and
(2) by adding at the end the following new
subsections:
``(d) Inclusion of Colorado BLM Lands.--The authority
provided by this section shall also be available to the
Secretary of the Interior with respect to public lands in the
State of Colorado administered by the Secretary through the
Bureau of Land Management.
``(e) Expiration of Authority.--The authority of the
Secretary of Agriculture and the Secretary of the Interior to
enter into cooperative agreements and contracts under this
section expires September 30, 2009, and the term of any
cooperative agreement or contract entered into under this
section shall not extend beyond that date.''.
Sec. 337. Federal and State Cooperative Forest, Rangeland,
and Watershed Restoration in Utah. (a) Authority.--Until
September 30, 2006, the Secretary of Agriculture, via
cooperative agreement or contract (including sole source
contract) as appropriate, may permit the State Forester of the
State of Utah to perform forest, rangeland, and watershed
restoration services on National Forest System lands in the
State of Utah. Restoration services provided are to be on a
project to project basis as planned or made ready for
implementation under existing authorities of the Forest
Service. The types of restoration services that may be
contracted under this authority include treatment of insect
infected trees, reduction of hazardous fuels, and other
activities to restore or improve forest, rangeland, and
watershed health including fish and wildlife habitat.
(b) State as Agent.--Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of the State of Utah to serve as
agent for the Forest Service in providing services necessary to
facilitate the performance and treatment of insect infested
trees, reduction of hazardous fuels, and to restore or improve
forest, rangeland, and watershed health including fish and
wildlife habitat under subsection (a). The services to be
performed by the State Forester of Utah may be conducted with
subcontracts utilizing State of Utah contract procedures.
Subsections (d) and (g) of section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a) shall not apply to
services performed under a cooperative agreement or contract
under subsection (a).
(c) Retention of NEPA Responsibilities.--With respect to
any treatment activity to restore and improve forest,
rangeland, and watershed health including fish and wildlife
habitat services on National Forest System lands programmed for
treatment by the State Forester of the State of Utah under
subsection (a), any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4821 et
seq.) may not be delegated to any officer or employee of the
State of Utah.
Sec. 338. (a) In General.--An entity that enters into a
contract with the United States to operate the National
Recreation Reservation Service (as solicited by the
solicitation numbered WO-04-06vm) shall not carry out any
duties under the contract using:
(1) a contact center located outside the United
States; or
(2) a reservation agent who does not live in the
United States.
(b) No Waiver.--The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) Telecommuting.--A reservation agent who is carrying out
duties under the contract described in subsection (a) may not
telecommute from a location outside the United States.
(d) Limitations.--Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation
agent carrying out the duties under the contract described in
subsection (a) or who provides managerial or support services.
Sec. 339. For fiscal years 2005 through 2007, a decision
made by the Secretary of Agriculture to authorize grazing on an
allotment shall be categorically excluded from documentation in
an environmental assessment or an environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) if: (1) the decision continues current
grazing management of the allotment; (2) monitoring indicates
that current grazing management is meeting, or satisfactorily
moving toward, objectives in the land and resource management
plan, as determined by the Secretary; and (3) the decision is
consistent with agency policy concerning extraordinary
circumstances. The total number of allotments that may be
categorically excluded under this section may not exceed 900.
Sec. 340. Salmon River Commercial Outfitter Hunting Camps.
Section 3(a)(24) of Public Law 90-542 (16 U.S.C. sec. 1274) is
amended to add the following after paragraph (C) and
redesignate subsequent paragraphs accordingly:
``(D) The established use and occupancy as
of June 6, 2003, of lands and maintenance or
replacement of facilities and structures for
commercial recreation services at Stub Creek
located in section 28, T24N, R14E, Boise
Principal Meridian, at Arctic Creek located in
section 21, T25N, R12E, Boise Principal
Meridian and at Smith Gulch located in section
27, T25N, R12E, Boise Principal Meridian shall
continue to be authorized, subject to such
reasonable regulation as the Secretary deems
appropriate, including rules that would provide
for termination for non-compliance, and if
terminated, reoffering the site through a
competitive process.''.
Sec. 341. (a) In General.--
(1) The Secretary of Agriculture and the Secretary
of the Interior are authorized to make grants to the
Eastern Nevada Landscape Coalition for the study and
restoration of rangeland and other lands in Nevada's
Great Basin in order to help assure the reduction of
hazardous fuels and for related purposes.
(2) Notwithstanding 31 U.S.C. secs. 6301-6308, the
Director of the Bureau of Land Management shall enter
into a cooperative agreement with the Eastern Nevada
Landscape Coalition for the Great Basin Restoration
Project, including hazardous fuels and mechanical
treatments and related work.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Sec. 342. (a) Findings.--
(1) In 1953, Public Land Order 899 (PLO 899)
eliminated approximately 80 acres from the Tongass
National Forest, for the Community of Elfin Cove,
Alaska. From 1953 until 2001, the USDA Forest Service
believed two small islets within the Elfin Cove Harbor
(Lots 1 and 2 of U.S. Survey 13150, approximately 0.29
acres) were included as part of PLO 899. However, due
to a Bureau of Land Management rule in effect when PLO
899 was issued, ownership of unsurveyed, unmapped
islets remained with the original landowner, in this
case the United States.
(2) These two islets are needed by the Community of
Elfin Cove to resolve public health and safety
problems.
(3) The two islets serve no national forest
purposes, but the Forest Service has no authority to
transfer ownership of them to the Community of Elfin
Cove, without receiving fair market value for the land
interests.
(4) Neither the Bureau of Land Management nor the
Forest Service intended to retain federal ownership of
these two islets, and they remained in ownership of the
United States only through an inadvertent error.
(5) Conveyance of these two islets from the United
States to the Community of Elfin Cove, Alaska, without
consideration, is in the public interest.
(b) Based on the findings in subsection (a) and
notwithstanding any other provision of law, Congress hereby
authorizes and directs the Secretary of Agriculture to convey
in fee simple without compensation, Lots 1 and 2 of U.S. Survey
13150, comprising approximately 0.29 acres, to the Community of
Elfin Cove, Alaska.
Sec. 343. (a) Notwithstanding any other provision of law,
and until October 1, 2007, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation that
is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2004, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian
Tribes, Inc. shall be treated as an Alaska Native regional
health entity to whom funds may be disbursed under this
section.
Sec. 344. Notwithstanding any other provision of law and
using funds previously appropriated for such purpose under
Public Law 106-291 ($1,630,000) and Public Law 108-199
($2,300,000), the National Park Service shall (1) not later
than 60 days after enactment of this section purchase the seven
parcels of real property in Seward, Alaska identified by Kenai
Peninsula tax identification numbers 14910001, 14910002,
14911033, 14913005, 14913020, 14913007, and 14913008 that have
been selected for the administrative complex, visitor facility,
plaza and related parking for the Kenai Fjords National Park
and Chugach National Forest which shall hereafter be known as
the Mary Lowell Center; and (2) transfer to the City of Seward
any remaining balance of previously appropriated funds not
necessary for property acquisition and design upon the vacation
by the City of Seward of Washington Street between 4th Avenue
and 5th Avenue and transfer of title of the appropriate
portions thereof to the federal government, provided that the
City of Seward uses any such funds for the related waterfront
planning, pavilions, boardwalks, trails, or related purposes
that compliment the new federal facility.
Sec. 345. Section 331, of Public Law 106-113, is amended--
(1) in part (a) by striking ``2004'' and inserting
``2005''; and
(2) in part (b) by striking ``2004'' and inserting
``2005.''
Sec. 346. Federal Building, Sandpoint, Idaho.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Sandpoint Federal
Building'';
(B) dated September 12, 2002; and
(C) on file in--
(i) the Office of the Chief of the
Forest Service; and
(ii) the Office of the Supervisor,
Idaho National Forests, Coeur d'Alene,
Idaho.
(3) Property.--The term ``property'' means the
Sandpoint Federal Building and approximately 3.17 acres
of land in Sandpoint, Idaho, as depicted on the map.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(b) Conveyance of Property.--
(1) In general.--Notwithstanding subtitle I of
title 40, United States Code, the Administrator may
convey to the Secretary, all right, title, and interest
of the United States in and to the property.
(2) Conditions.--The conveyance of the property
under paragraph (1) shall be on a noncompetitive basis,
for consideration, and subject to any other terms and
conditions to which the Administrator and the Secretary
may agree, including a purchase period with multiple
payments over multiple fiscal years.
(3) Source of funds.--The Secretary may use amounts
made available to the Forest Service for any of fiscal
years 2005 through 2010 to acquire the property under
paragraph (1).
(c) Sale or Exchange of Property.--
(1) In general.--Subject to paragraph (2), the
Secretary may use, maintain, lease, sublease, sell, or
exchange all or part of the property.
(2) Terms.--The sale or exchange of the property
under paragraph (1) shall be for market value and
subject to such terms as the Secretary determines to be
in the public interest.
(3) Method of sale or exchange.--The sale or
exchange of the property under paragraph (1) may be on
a competitive or noncompetitive basis.
(4) Consideration.--Consideration for the sale or
exchange of the property may be in the form of cash,
land, or improvements (including improvements to be
constructed after the date of the sale or exchange).
(5) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary
shall deposit the proceeds derived from any
lease, sublease, sale, exchange, or any other
use or disposition of the property in the fund
established by Public Law 90-171 (commonly
known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited
under subparagraph (A) shall be available to
the Secretary, without further appropriation,
until expended, for the construction and
maintenance of Forest Service offices and
related facilities on National Forest System
land in the vicinity of Sandpoint, Idaho.
Sec. 347. (a) Short Title.--This section may be cited as
the ``Chris Zajicek Memorial Land Exchange Act of 2004''.
(b) National Forest System Land Exchange in the State of
Florida.--
(1) In general.--Notwithstanding the effect of the
wildfire known as the ``Impassable 1 Fire'' on the
value of the land to be exchanged, the Secretary of
Agriculture (acting through the Chief of the Forest
Service) may carry out the exchange agreement entered
into by the Forest Service and the Board of Trustees of
the Internal Improvement Trust Fund of the State of
Florida and dated March 5, 2004.
(2) Valuation.--For purposes of determining the
value of the land to be exchanged under paragraph (1),
the value of the land shall be considered to be the
value of the land determined by the appraisal conducted
on August 21, 2003.
Sec. 348. (a) Short Title.--This section may be cited as
the ``Grey Towers National Historic Site Act of 2004''.
(b) Findings; Purposes; Definitions.--
(1) Findings.--Congress finds the following:
(A) James and Mary Pinchot constructed a
home and estate that is known as Grey Towers in
Milford, Pennsylvania.
(B) James and Mary Pinchot were also the
progenitors of a family of notable
accomplishment in the history of the
Commonwealth of Pennsylvania and the Nation, in
particular, their son, Gifford Pinchot.
(C) Gifford Pinchot was the first Chief of
the Forest Service, a major influence in
formulating and implementing forest
conservation policies in the early 20th
Century, and twice Governor of Pennsylvania.
(D) During the early 20th century, James
and Gifford Pinchot used Grey Towers and the
environs to establish scientific forestry, to
develop conservation leaders, and to formulate
conservation principles, thus making this site
one of the primary birthplaces of the American
conservation movement.
(E) In 1963, Gifford Bryce Pinchot, the son
of Gifford and Cornelia Pinchot, donated Grey
Towers and 102 acres to the Nation.
(F) In 1963, President John F. Kennedy
dedicated the Pinchot Institute for
Conservation for the greater knowledge of land
and its uses at Grey Towers National Historic
Landmark, thereby establishing a partnership
between the public and private sectors.
(G) Grey Towers today is a place of
historical significance where leaders in
natural resource conservation meet, study, and
share ideas, analyses, values, and
philosophies, and is also a place where the
public can learn and appreciate our
conservation heritage.
(H) As established by President Kennedy,
the Pinchot Institute for Conservation, and the
Forest Service at Grey Towers operate through
an established partnership in developing and
delivering programs that carry on Gifford
Pinchot's conservation legacy.
(I) Grey Towers and associated structures
in and around Milford, Pennsylvania, can serve
to enhance regional recreational and
educational opportunities.
(2) Purposes.--The purposes of this section are as
follows:
(A) To honor and perpetuate the memory of
Gifford Pinchot.
(B) To promote the recreational and
educational resources of Milford, Pennsylvania,
and its environs.
(C) To authorize the Secretary of
Agriculture--
(i) to further the scientific,
policy analysis, educational, and
cultural programs in natural resource
conservation at Grey Towers;
(ii) to manage the property and
environs more efficiently and
effectively; and
(iii) to further collaborative ties
with the Pinchot Institute for
Conservation, and other Federal, State,
and local agencies with shared
interests.
(3) Definitions.--For the purposes of this section:
(A) Associated properties.--The term
``Associated Properties'' means lands and
improvements outside of the Grey Towers
National Historic Landmark within Pike County,
Pennsylvania, and which were associated with
James and Mary Pinchot, the Yale School of
Forestry, or the Forest Service.
(B) Grey towers.--The term ``Grey Towers''
means the buildings and surrounding area of
approximately 303 acres, including the 102
acres donated in 1963 to the United States and
so designated that year.
(C) Historic site.--The term ``Historic
Site'' means the Grey Towers National Historic
Site, as so designated by this Act.
(D) Pinchot institute.--The term ``Pinchot
Institute'' means the Pinchot Institute for
Conservation, a nonprofit corporation
established under the laws of the District of
Columbia.
(E) Secretary.--The term ``Secretary''
means the Secretary of Agriculture.
(c) Designation of National Historic Site.--Subject to
valid existing rights, all lands and improvements formerly
encompassed within the Grey Towers National Historic Landmark
are designated as the ``Grey Towers National Historic Site''.
(d) Administration.--
(1) Purposes.--The Historic Site shall be
administered for the following purposes:
(A) Education, public demonstration
projects, and research related to natural
resource conservation, protection, management,
and use. source conservation, protection,
management, and use.
(B) Leadership development within the
natural resource professions and the Federal
civil service.
(C) Continuing Gifford Pinchot's legacy
through pursuit of new ideas, strategies, and
solutions to natural resource issues that
include economic, ecological, and social
values.
(D) Preservation, use, and maintenance of
the buildings, grounds, facilities, and
archives associated with Gifford Pinchot.
(E) Study and interpretation of the life
and works of Gifford Pinchot.
(F) Public recreation and enjoyment.
(G) Protection and enjoyment of the scenic
and natural environs.
(2) Applicable laws.--The Secretary shall
administer federally owned lands and interests in lands
at the Historic Site and Associated Properties as
components of the National Forest System in accordance
with this Act, 16 U.S.C. 461 et seq. and other laws
generally applicable to the administration of national
historic sites, and the laws, rules, and regulations
applicable to the National Forest System, except that
the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600, et seq.) shall not apply.
(3) Land acquisition.--The Secretary is authorized
to acquire, on a willing seller basis, by purchase,
donation, exchange, or otherwise, privately owned lands
and interests in lands, including improvements, within
the Historic Site and the Associated Properties, using
donated or appropriated funds.
(4) Gifts.--
(A) Accepted by entities other than the
secretary.--Subject to such terms and
conditions as the Secretary may prescribe, any
public or private agency, organization,
institution, or individual may solicit, accept,
and administer private gifts of money and real
or personal property for the benefit of or in
connection with, the activities and services at
the Historic Site.
(B) Accepted by the secretary.--Gifts may
be accepted by the Secretary for the benefit of
or in connection with, the activities and
services at the Historic Site notwithstanding
the fact that a donor conducts business with or
is regulated by the Department of Agriculture
in any capacity.
(e) Cooperative Authorities.--
(1) Grants, contracts, and cooperative
agreements.--The Secretary is authorized to enter into
Agreements for grants, contracts, and cooperative
agreements as appropriate with the Pinchot Institute,
public and other private agencies, organizations,
institutions, and individuals to provide for the
development, administration, maintenance, or
restoration of land, facilities, or Forest Service
programs at Grey Towers or to otherwise further the
purposes of this section.
(2) Interdepartmental.--The Secretary and the
Secretary of the Interior are authorized and encouraged
to cooperate in promoting public use and enjoyment of
Grey Towers and the Delaware Water Gap National
Recreation Area and in otherwise furthering the
administration and purposes for which both areas were
designated. Such cooperation may include colocation and
use of facilities within Associated Properties and
elsewhere.
(3) Other.--The Secretary may authorize use of the
grounds and facilities of Grey Towers by the Pinchot
Institute and other participating partners including
Federal, State, and local agencies, on such terms and
conditions as the Secretary may prescribe, including
the waiver of special use authorizations and the waiver
of rental and use fees.
(f) Funds.--
(1) Fees and charges.--The Secretary may impose
reasonable fees and charges for admission to and use of
facilities on Grey Towers.
(2) Special fund.--Any monies received by the
Forest Service in administering Grey Towers shall be
deposited into the Treasury of the United States and
covered in a special fund called the Grey Towers
National Historic Site Fund. Monies in the Grey Towers
National Historic Site Fund shall be available until
expended, without further appropriation, for support of
programs of Grey Towers, and any other expenses
incurred in the administration of Grey Towers.
(g) Map.--The Secretary shall produce and keep for public
inspection a map of the Historic Site and associated properties
within Pike County, Pennsylvania, which were associated with
James and Mary Pinchot, the Yale School of Forestry, or the
Forest Service.
(h) Savings Provision.--Nothing in this section shall be
deemed to diminish the authorities of the Secretary under the
Cooperative Forestry Assistance Act or any other law pertaining
to the National Forest System.
Sec. 349. (a) Short Title.--This section may be cited as
the ``Montana National Forests Boundary Adjustment Act of
2004''.
(b) Definitions.--In this section:
(1) Forests.--The term ``Forests'' means the Helena
National Forest, Lolo National Forest, and Beaverhead-
Deerlodge National Forest in the State of Montana.
(2) Map.--The term ``map'' means--
(A) the map entitled ``Helena National
Forest Boundary Adjustment Northern Region,
USDA Forest Service'' and dated September 13,
2004;
(B) the map entitled ``Lolo National Forest
Boundary Adjustment Northern Region, USDA
Forest Service'' and dated September 13, 2004;
and
(C) the map entitled ``Deerlodge National
Forest Boundary Adjustment Northern Region USDA
Forest Service'' and dated September 13, 2004.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(c) Helena, Lolo, and Beaverhead-Deerlodge National Forests
Boundary Adjustment.--
(1) In general.--The boundaries of the Forests are
modified as depicted on the maps.
(2) Maps.--
(A) Availability.--The maps shall be on
file and available for public inspection in--
(i) the Office of the Chief of the
Forest Service; and
(ii) the office of the Regional
Forester, Missoula, Montana.
(B) Correction authority.--The Secretary
may make technical corrections to the maps.
(3) Administration.--Any land or interest in land
acquired within the boundaries of the Forests for
National Forest System purposes shall be managed in
accordance with--
(A) the Act of March 1, 1911 (commonly
known as the ``Weeks Law'') (16 U.S.C. 480 et
seq.); and
(B) the laws (including regulations)
applicable to the National Forest System.
(4) Land and water conservation fund.--For purposes
of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundaries of the
Forests, as adjusted under paragraph (1), shall be
considered to be the boundaries of the Forests as of
January 1, 1965.
(5) Effect.--Nothing in this section limits the
authority of the Secretary to adjust the boundaries of
the Forests under section 11 of the Act of March 1,
1911 (16 U.S.C. 521).
Sec. 350. In addition to amounts provided to the Department
of the Interior in this Act, $5,000,000 is provided for a grant
to Kendall County, Illinois.
TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR URGENT WILDLAND FIRE
SUPPRESSION ACTIVITIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for urgent
wildland fire suppression activities pursuant to section 312 of
S. Con. Res. 95 (108th Congress) as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-
287: Provided, That such funds shall only become available if
funds provided for wildland fire suppression in Title I of this
Act will be exhausted imminently and the Secretary of the
Interior notifies the House and Senate Committees on
Appropriations and the House and Senate Committees on the
Budget in writing of the need for these additional funds:
Provided further, That such funds are also available for
repayment to other appropriation accounts from which funds were
transferred for wildfire suppression: Provided further, That
cost containment measures shall be implemented within this
account for fiscal year 2005, and the Secretary of the Interior
and the Secretary of Agriculture shall submit a joint report to
the Committees on Appropriations of the Senate and the House of
Representatives on such cost containment measures by December
31, 2005: Provided further, That Public Law 108-287, Title X,
Chapter 3 is amended under the heading ``Department of the
Interior, Bureau of Land Management, Wildland Fire
Management'', by striking the phrases ``for fiscal year 2004''
and ``related to the fiscal year 2004 fire season'' in the text
preceding the first proviso.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$400,000,000, to remain available until expended, for urgent
wildland fire suppression activities pursuant to section 312 of
S. Con. Res. 95 (108th Congress) as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-
287: Provided, That such funds shall only become available if
funds provided for wildland fire suppression in Title II of
this Act will be exhausted imminently and the Secretary of
Agriculture notifies the House and Senate Committees on
Appropriations and the House and Senate Committees on the
Budget in writing of the need for these additional funds:
Provided further, That such funds are also available for
repayment to other appropriation accounts from which funds were
transferred for wildfire suppression: Provided further, That
cost containment measures shall be implemented within this
account for fiscal year 2005, and the Secretary of Agriculture
and the Secretary of the Interior shall submit a joint report
to the Committees on Appropriations of the Senate and the House
of Representatives on such cost containment measures by
December 31, 2005: Provided further, That the Secretary of
Agriculture shall establish an independent cost-control review
panel to examine and report on fire suppression costs for
individual wildfire incidents that exceed $10,000,000 in cost:
Provided further, That if the independent review panel report
finds that appropriate actions were not taken to control
suppression costs for one or more such wildfire incidents, then
an amount equal to the aggregate estimated excess costs of
suppressing those wildfire incidents shall be transferred to
the Treasury from unobligated balances remaining at the end of
fiscal year 2005 in the Wildland Fire Management account:
Provided further, That Public Law 108-287, Title X, Chapter 3
is amended under the heading, ``Department of Agriculture,
Forest Service, Wildland Fire Management'', by striking the
phrases ``for fiscal year 2004'' and ``related to the fiscal
year 2004 fire season'' in the text preceding the first
proviso.
TITLE V
Sec. 501. (a) Across-the-Board Rescissions.--there is
hereby rescinded an amount equal to 0.594 percent of--
(1) the budget authority provided for fiscal year
2005 for any discretionary account in this Act; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2005 for any
discretionary account in the Department of the Interior
and Related Agencies Appropriations Act, 2004.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water
cla8im Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent
across-the-board rescission for fiscal year 2005, shall apply
only to the first dollar amount in the paragraph and the
distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefor to the House and Senate
Committees on Appropriations.
This division may be cited as the ``Department of the
Interior and Related Agencies Appropriations Act, 2005''.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by such Act; $2,898,957,000 plus
reimbursements, of which $1,885,794,000 is available for
obligation for the period July 1, 2005 through June 30, 2006;
except that amounts determined by the Secretary of Labor to be
necessary pursuant to sections 173(a)(4)(A) and 174(c) of such
Act shall be available from October 1, 2004 until expended; of
which $994,242,000 is available for obligation for the period
April 1, 2005 through June 30, 2006, to carry out chapter 4 of
the Act; and of which $16,321,000 is available for the period
July 1, 2005 through June 30, 2008 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps
centers: Provided, That notwithstanding any other provision of
law, of the funds provided herein under section 137(c) of the
Workforce Investment Act of 1998, $283,371,000 shall be for
activities described in section 132(a)(2)(A) of such Act and
$1,196,048,000 shall be for activities described in section
132(a)(2)(B) of such Act: Provided further, That $250,000,000
shall be available for Community-Based Job Training Grants, of
which $125,000,000 shall be from funds reserved under section
132(a)(2)(A) of the Workforce Investment Act of 1998 and shall
be used to carry out such grants under section 171(d) of such
Act, except that the 10 percent limitation otherwise applicable
to the amount of funds that may be used to carry out section
171(d) shall not be applicable to funds used for Community-
Based Job Training grants: Provided further, That funds
provided to carry out section 132(a)(2)(A) of the Workforce
Investment Act of 1998 may be used to provide assistance to a
State for state-wide or local use in order to address cases
where there have been worker dislocations across multiple
sectors or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development plan
with emerging economic development needs; and train such
eligible dislocated workers: Provided further, That $8,000,000
shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding
any other provision of law or related regulation, $76,874,000
shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $71,787,000 for formula
grants, $4,583,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing), and
$504,000 for other discretionary purposes: Provided further,
That notwithstanding the transfer limitation under section
133(b)(4) of such Act, up to 30 percent of such funds may be
transferred by a local board if approved by the Governor:
Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants
in the workforce and incumbent workers: Provided further, That
funding provided to carry out projects under section 171 of the
Workforce Investment Act of 1998 that are identified in the
Conference Agreement, shall not be subject to the requirements
of section 171(b)(2)(B) of such Act, the requirements of
section 171(c)(4)(D) of such Act, the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such
Act, or any time limit requirements of sections 171(b)(2)(C)
and 171(c)(4)(B) of such Act: Provided further, That no funds
from any other appropriation shall be used to provide meal
services at or for Job Corps centers.
For necessary expenses of the Act, including the purchase
and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and
the purchase of real property for training centers as
authorized by the Act; $2,463,000,000 plus reimbursements, of
which $2,363,000,000 is available for obligation for the period
October 1, 2005 through June 30, 2006, and of which
$100,000,000 is available for the period October 1, 2005
through June 30, 2008, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.
Of the funds provided under this heading in Public Law 108-
199 for the Employment and Training Administration, $2,200,000
shall be for a non-competitive grant to the AFL-CIO Appalachian
Council, Incorporated, and shall be awarded no later than
January 31, 2005.
Of the funds provided under this heading in Public Law 108-
199 for the Employment and Training Administration $1,500,000
shall be for a non-competitive grant to the AFL-CIO Working for
America Institute, and shall be awarded no later than January
31, 2005.
Of the funds provided under this heading in Public Law 108-
199 for the Employment and Training Administration, $4,000,000
shall be for a non-competitive grant to the Black Clergy of
Philadelphia and Vicinity, and shall be awarded no later than
January 31, 2005.
Of the funds provided under this heading in Public Law 108-
199 for the Employment and Training Administration, $2,600,000
shall be for a non-competitive grant to the National Center on
Education and the Economy, and shall be awarded no later than
January 31, 2005.
Notwithstanding any other provision of law, funds awarded
under grants to the State of Tennessee for Workforce
Essentials, Inc. in Clarksville, Tennessee on June 29, 2004,
and to Hampton Roads on behalf of the Hampton Roads Workforce
Development Board in Norfolk, Virginia on June 30, 2001,
pursuant to section 173 of the Workforce Investment Act of 1998
(29 U.S.C. 2918), may be used to provide services to spouses of
members of the armed forces.
The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition
established in 20 CFR 667.220 for functions and activities
under title I of the Workforce Investment Act of 1998 until
such time as legislation reauthorizing the Act is enacted.
Of the unobligated funds contained in the H-1B Nonimmigrant
Petitioner Account that are available to the Secretary of Labor
pursuant to section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)), $100,000,000 are
rescinded.
Community Service Employment for Older Americans
To carry out title V of the Older Americans Act of 1965, as
amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I and
section 246; and for training, allowances for job search and
relocation, and related State administrative expenses under
part II of chapter 2, title II of the Trade Act of 1974
(including the benefits and services described under sections
123(c)(2) and 151(b) and (c) of the Trade Adjustment Assistance
Reform Act of 2002, Public Law 107-210), $1,057,300,000,
together with such amounts as may be necessary to be charged to
the subsequent appropriation for payments for any period
subsequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $141,934,000,
together with not to exceed $3,524,301,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their State
employment service agencies prior to 1980), which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund including the cost of administering
section 51 of the Internal Revenue Code of 1986, as amended,
section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C.
502-504), and the sums available in the allocation for
necessary administrative expenses for carrying out 5 U.S.C.
8501-8523, shall be available for obligation by the States
through December 31, 2005, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2007; of which $141,934,000,
together with not to exceed $763,587,000 of the amount which
may be expended from said trust fund, shall be available for
obligation for the period July 1, 2005 through June 30, 2006,
to fund activities under the Act of June 6, 1933, as amended,
including the cost of penalty mail authorized under 39 U.S.C.
3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the Average
Weekly Insured Unemployment (AWIU) for fiscal year 2005 is
projected by the Department of Labor to exceed 3,227,000, an
additional $28,600,000 shall be available for obligation for
every 100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the Employment
Security Administration Account of the Unemployment Trust Fund:
Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or
which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs,
may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under
this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding cost
allocation principles prescribed under Office of Management and
Budget Circular A-87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1954, as amended; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title
5, United States Code, and to the ``Federal unemployment
benefits and allowances'' account, to remain available until
September 30, 2006, $517,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2005, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums as
may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training
programs, $113,810,000, together with not to exceed
$57,663,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $132,345,000.
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended (31 U.S.C. 9104), as may be necessary in
carrying out the program, including associated administrative
expenses, through September 30, 2005 for such Corporation:
Provided, That none of the funds available to the Corporation
for fiscal year 2005 shall be available for obligations for
administrative expenses in excess of $266,330,000: Provided
further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget
and the Committees on Appropriations of the House and Senate.
Employment Standards Administration
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services
rendered, $402,305,000, together with $2,040,000 which may be
expended from the Special Fund in accordance with sections
39(c), 44(d) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That $1,250,000 shall be for the
development of an alternative system for the electronic
submission of reports required to be filed under the Labor-
Management Reporting and Disclosure Act of 1959, as amended,
and for a computer database of the information for each
submission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain,
and spend, until expended, in the name of the Department of
Labor, all sums of money ordered to be paid to the Secretary of
Labor, in accordance with the terms of the Consent Judgment in
Civil Action No. 91-0027 of the United States District Court
for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c)
and 5(f) of the WarClaims Act of 1948 (50 U.S.C. App. 2012);
and 50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $233,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2004, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United
States Code, to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2005: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $39,668,000
shall be made available to the Secretary as follows: (1) for
enhancement and maintenance of automated data processing systems and
telecommunications systems, $12,351,000; (2) for automated workload
processing operations, including document imaging, centralized mail
intake and medical bill processing, $14,221,000; (3) for periodic roll
management and medical review, $13,096,000; and (4) the remaining funds
shall be paid into the Treasury as miscellaneous receipts: Provided
further, That the Secretary may require that any person filing a notice
of injury or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice
and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275, (the
``Act''), $276,000,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Act, for
costs incurred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2006, $81,000,000, to remain available
until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $40,821,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any executive agency with
authority under the Energy Employees Occupational Illness
Compensation Act, including within the Department of Labor,
such sums as may be necessary in fiscal year 2005 to carry out
those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying information
(including Social Security account number) as may be
prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2005 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2005 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): $32,646,000 for transfer to
the Employment Standards Administration, ``Salaries and
Expenses''; $23,705,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $342,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
$356,000 for payments into miscellaneous receipts for the
expenses of the Department of the Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and
Health Administration, $468,109,000, including not to exceed
$91,747,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary
of Labor is authorized, during the fiscal year ending September
30, 2005, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART)
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with
respect to imminent dangers;
(4) to take any action authorized by such Act with
respect to health hazards;
(5) to take any action authorized by such Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
such Act; and
(6) to take any action authorized by such Act with
respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000
shall be used to extend funding for the Institutional
Competency Building training grants which commenced in
September 2000, for program activities for the period of
September 30, 2005 to September 30, 2006, provided that a
grantee has demonstrated satisfactory performance: Provided
further, That none of the funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce the provisions of 29 CFR 1910.134(f)(2) (General
Industry Respiratory Protection Standard) to the extent that
such provisions require the annual fit testing (after the
initial fit testing) of respirators for occupational exposure
to tuberculosis.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $281,535,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training
in the mining community through cooperative programs with
States, industry, and safety associations; and any funds
available to the department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$455,045,000, together with not to exceed $78,473,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000 may
be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
Office of Disability Employment Policy
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $47,555,000.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or through
the Bureau of International Labor Affairs, including bilateral
and multilateral technical assistance and other international
labor activities, $323,108,000, of which, $7,000,000, to remain
available until September 30, 2006, is for Frances Perkins
Building Security Enhancements, and $30,000,000 is for the
acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and related
needs, which will be allocated by the Department's Chief
Information Officer in accordance with the Department's capital
investment management process to assure a sound investment
strategy; together with not to exceed $314,000, which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund: Provided, That no funds made
available by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 921) where such participation is precluded by the
decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding,
115 S. Ct. 1278 (1995), notwithstanding any provisions to the
contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a
decision under the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more than 12
months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall
be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be
considered the final order of the Board for purposes of
obtaining a review in the United States courts of appeals:
Provided further, That these provisions shall not be applicable
to the review or appeal of any decision issued under the Black
Lung Benefits Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $195,098,000 may be derived from the
Employment Security Administration Account in the Unemployment
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4110A,
4212, 4214, and 4321-4327, and Public Law 103-353, and which
shall be available for obligation by the States through
December 31, 2005, of which $2,000,000 is for the National
Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C.
2021) and the Veterans Workforce Investment Programs (29 U.S.C.
2913), $29,550,000, of which $8,550,000 shall be available for
obligation for the period July 1, 2005 through June 30, 2006.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $64,029,000, together with not to
exceed $5,561,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund.
Working Capital Fund
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software
infrastructure and the costs associated with implementation
thereof, $10,000,000.
General Provisions
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Labor in this Act may
be transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced or
indentured child labor in industries and host countries already
identified by the United States Department of Labor prior to
enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
Sec. 105. Not later than 45 days after the date of
enactment of this Act, the Secretary of Labor shall issue a
monthly transit subsidy of not less than the amount each of its
employees of the National Capital Region is eligible to
receive, not to exceed a maximum of $100, as directed by
Executive Order 13150.
Sec. 106. The Department of Labor shall submit its fiscal
year 2006 congressional budget justifications to the Committees
on Appropriations of the House of Representatives and the
Senate in the format as they were prepared prior to fiscal year
2003.
This title may be cited as the ``Department of Labor
Appropriations Act, 2005''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V and
sections 1128E, 711, and 1820 of the Social Security Act, the
Health Care Quality Improvement Act of 1986, as amended, the
Native Hawaiian Health Care Act of 1988, as amended, the
Cardiac Arrest Survival Act of 2000, section 712 of the
American Jobs Creation Act of 2004, and the Poison Control
Center Enhancement and Awareness Act, as amended,
6,856,624,000, of which $484,629,000 shall be available for
construction and renovation (including equipment) of health
care and other facilities and other health-related activities
as specified in the statement of the managers on the conference
report accompanying this Act, and of which $39,499,000 from
general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare
rural hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under this
heading, $249,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full costs
of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of the
Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That
$31,000,000 of the funding provided for community health
centers shall be used for base grant adjustments for existing
centers: Provided further, That no more than $100,000 is
available until expended for carrying out the provisions of
U.S.C. Title 42 Section 233(o) including associated
administrative expenses: Provided further, That no more than
$45,000,000 is available until expended for carrying out the
provisions of Public Law 104-73: Provided further, That
$9,941,000 is available until expended for the National Cord
Blood Stem Cell Bank Program as described in House Report 108-
401: Provided further, That of the funds made available under
this heading, $288,283,000 shall be for the program under title
X of the Public Health Service Act to provide for voluntary
family planning projects: Provided further, That amounts
provided to said projects under such title shall not be
expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public
office: Provided further, That $793,872,000 shall be for State
AIDS Drug Assistance Programs authorized by section 2616 of the
Public Health Service Act: Provided further, That in addition
to amounts provided herein, $25,000,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out Parts A, B, C, and D of title XXVI of
the Public Health Service Act to fund section 2691 Special
Projects of National Significance: Provided further, That,
notwithstanding section 502(a)(1) of the Social Security Act,
not to exceed $119,158,000 is available for carrying out
special projects of regional and national significance pursuant
to section 501(a)(2) of such Act: Provided further, That of the
funds provided, $40,000,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law 106-
113, of which $10,000,000 shall be for a psychiatric treatment
facility in Bethel, Alaska, $10,000,000 shall be for
residential and supportive housing for elders, $2,500,000 shall
be for medical and dental equipment for rural clinics, and
$5,000,000 shall be for upgrade and construction of shelters
for victims of domestic violence and child abuse.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $3,270,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $3,176,000 shall be
available from the Trust Fund to the Secretary of Health and
Human Services.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and
Health Act of 1977, sections 20, 21, and 22 of the Occupational
Safety and Health Act of 1970, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980; including purchase and insurance of
official motor vehicles in foreign countries; and purchase,
hire, maintenance, and operation of aircraft, $4,533,911,000,
of which $272,000,000 shall remain available until expended for
equipment, and construction and renovation of facilities, and
of which $124,882,000 for international HIV/AIDS shall remain
available until September 30, 2006. In addition, such sums as
may be derived from authorized user fees, which shall be
credited to this account: Provided, That in addition to amounts
provided herein, the following amounts shall be available from
amounts available under section 241 of the Public Health
Service Act (1) $12,794,000 to carry out the National
Immunization Surveys; (2) $109,021,000 to carry out the
National Center for Health Statistics surveys; (3) $24,751,000
to carry out information systems standards development and
architecture and applications-based research used at local
public health levels; (4) $463,000 for Health Marketing
evaluations; (5) $31,000,000 to carry out Public Health
Research; and (6) $87,071,000 to carry out Research Tools and
Approaches activities within the National Occupational Research
Agenda: Provided further, That none of the funds made available
for injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That up to
$30,000,000 shall be made available until expended for
Individual Learning Accounts for full-time equivalent employees
of the Centers for Disease Control and Prevention: Provided
further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so
designate: Provided further, That the Congress is to be
notified promptly of any such transfer: Provided further, That
not to exceed $12,500,000 may be available for making grants
under section 1509 of the Public Health ServiceAct to not more
than 15 States, tribes, or tribal organizations: Provided further, That
without regard to existing statute, funds appropriated may be used to
proceed, at the discretion of the Centers for Disease Control and
Prevention, with property acquisition, including a long-term ground
lease for construction on non-Federal land, to support the construction
of a replacement laboratory in the Fort Collins, Colorado area:
Provided further, That notwithstanding any other provision of law, a
single contract or related contracts for development and construction
of facilities may be employed which collectively include the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at 48 CFR
52.232-18: Provided further, That of the funds appropriated, $10,000 is
for official reception and representation expenses when specifically
approved by the Director of the Centers for Disease Control and
Prevention.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,865,525,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,965,453,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$395,080,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,727,696,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,552,123,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,440,007,000: Provided, That $100,000,000 may be
made available to International Assistance Programs, ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain
available until expended: Provided further, That up to
$150,000,000 shall be for extramural facilities construction
grants to enhance the Nation's capability to do research on
biological and other agents.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,959,810,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,280,915,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $674,578,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $650,027,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,060,666,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $515,378,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $397,507,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$139,198,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $441,911,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $1,014,760,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,423,609,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$492,670,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $300,647,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,124,141,000: Provided, That
none of these funds shall be used to pay recipients of the
general research support grants program any amount for indirect
expenses in connection with such grants: Provided further, That
$30,000,000 shall be for extramural facilities construction
grants.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $123,116,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $197,780,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $67,182,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $317,947,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2005, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
National Information Center on Health Services Research and
Health Care Technology and related health services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $361,145,000, of which
up to $10,000,000 shall be used to carry out section 217 of
this Act: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for
replacement only: Provided further, That the Director may
direct up to 1 percent of the total amount made available in
this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate:
Provided further, That no such appropriation shall be decreased
by more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided
further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited to
the National Institutes of Health Management Fund: Provided
further, That all funds credited to the National Institutes of
Health Management Fund shall remain available for 1 fiscal year
after the fiscal year in which they are deposited: Provided
further, That up to $500,000 shall be available to carry out
section 499 of the Public Health Service Act: Provided further,
That of the funds provided $10,000 shall be for official
reception and representation expenses when specifically
approved by the Director of NIH: Provided further, That a
uniform percentage of the amounts appropriated in this Act to
each Institute and Center may be utilized for the National
Institutes of Health Roadmap Initiative: Provided further, That
the amount utilized under the preceding proviso shall not
exceed $176,800,000 without prior notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts utilized under
the preceding two provisos shall be in addition to amounts made
available for the Roadmap Initiative from the Director's
Discretionary Fund and to any amounts allocated to activities
related to the Roadmap Initiative through the normal research
priority-setting process of individual Institutes and Centers.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $111,177,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, single contracts or related contracts, which collectively
include the full scope of the project, may be employed for the
development and construction of the first and second phases of
the John Edward Porter Neuroscience Research Center: Provided
further, That the solicitations and contracts shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with
Mental Illness Act, and section 301 of the Public Health
Service Act with respect to program management, $3,295,361,000,
of which $23,107,000 shall be available for projects and in the
amounts specified in the statement of the managers on the
conference report accompanying this Act: Provided, That in
addition to amounts provided herein, the following amounts
shall be available from amounts available under section 241 of
the Public Health Service Act: (1) $79,200,000 to carry out
subpart II of title XIX of the Public Health Service Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of title XIX; (2) $21,803,000 to carry out subpart I
of Part B of title XIX of the Public Health Service Act to fund
section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of Part B of title XIX; (3) $16,000,000 to carry out
national surveys on drug abuse; (4) $2,000,000 for mental
health data collection; and (5) $4,300,000 for substance abuse
treatment programs.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act,
amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 927(c) of the Public Health
Service Act shall not exceed $318,695,000.
Centers for Medicare and Medicaid Services
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $119,124,488,000, to remain
available until expended.
For making, after May 31, 2005, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2005 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2006, $58,517,290,000,
to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844, 1860D-16, and 1860D-31 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $114,608,900,000. To
ensure prompt payments of Medicare prescription drug benefits
as provided under section 1860 D-16 of the Social Security Act,
$5,216,900,000, to become available on October 1, 2005 for
fiscal year 2006.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$2,696,402,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which
shall remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public HealthService Act
shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That $24,400,000, to remain
available until September 30, 2006, is for contract costs for CMS's
Systems Revitalization Plan: Provided further, That $78,300,000, to
remain available until September 30, 2006, is for contract costs for
the Healthcare Integrated General Ledger Accounting System: Provided
further, That of the amounts made available for research, demonstration
and evaluation, $100,000 is available for Advocate Metro Outreach
Initiative, Oak Brook, Illinois to implement an initiative to provide
comprehensive health education and services to the deaf and hard-of-
hearing community, $150,000 is available for African American
Interdenominational Ministries, Inc., Philadelphia, Pennsylvania to
implement an insurance outreach program, $1,900,000 is available for
AIDS Healthcare Foundation, Los Angeles, California for a demonstration
of residential and outpatient treatment facilities, $450,000 is
available for Bronx-Lebanon Hospital Center, Bronx, New York for a
comprehensive adolescent and young adult health program to demonstrate
means of improving health care and preventive services for underserved
inner city teenagers and young adults, $300,000 is available for
Children's Institute of Palliative Care, Children's Hospitals and
Clinics, Minneapolis, Minnesota for a pediatric palliative care
demonstration program, $600,000 is available for the City of Detroit,
Michigan for a project to improve access to primary care and preventive
health services for low-income and uninsured persons, $100,000 is
available for Community Catalyst, Inc., Boston, Massachusetts, for the
expansion of a benefits management program, $150,000 is available for
Cook County Bureau of Health Services in Chicago, Illinois for the
Antibiotic Resistance Program, $340,000 is available for Donald R.
Watkins Memorial Foundation, Houston, Texas, for a comprehensive HIV/
AIDS treatment and research demonstration program, $100,000 is
available for Focus on Therapeutic Outcomes, Inc., Knoxville,
Tennessee, $250,000 is available for Hamot Medical Center, Erie,
Pennsylvania and the Ohio Health System, Columbus, Ohio to implement a
demonstration project on the Medicare Advantage program, $25,000 is
available for HealthRight, Inc., Philadelphia, Pennsylvania for their
Care Access Program, $75,000 is available for the Inglis Foundation,
Philadelphia, Pennsylvania for healthcare and social services for low-
income adults with severe physical disabilities in an effort to promote
independent living, $50,000 is available for Medical Care for Children
Partnership, Fairfax, Virginia for access to specialty health care for
children who have serious medical needs, $500,000 is available for
Memphis Biotech Foundation in Memphis, Tennessee to develop a
biologistics network in Mississippi and Tennessee, $225,000 is
available for Muskegon Community Health Project, Muskegon, Michigan for
the Access Health Program, $30,000 is available for Our House of
Portland, Portland, Oregon, to develop a Care Program for people living
with AIDS, $750,000 is available for Pace Vermont, Burlington, Vermont,
for the Rural Program for All-inclusive Care for the Elderly, $150,000
is available for Patient Advocate Foundation, Newport News, Virginia,
to assist the PAF in serving patients experiencing difficulty accessing
quality health care services, $450,000 is available for Puerto Rico's
Governor's Office of Elderly Affairs for the Medication Error
Prevention Pilot Program, $1,500,000 is available for San Francisco
Department of Public Health, San Francisco, California for a
demonstration project to improve HIV/AIDS treatment and prevention
services, $300,000 is available for Santa Clara County, California for
outreach and enrollment assistance activities of the Children's Health
Initiative, $500,000 is available for Susquehanna Health System,
Williamsport, Pennsylvania for stabilizing workforce for patient care,
$500,000 is available for Swope Health Services, Kansas City, Missouri
to supplement recurring healthcare costs for underemployed, uninsured,
and income-qualified patients in Wyandotte and Johnson Counties,
Kansas, $100,000 is available for Temple University, Crime and Justice
Research Center, Philadelphia, Pennsylvania for DNA backlog and
utilization, and $250,000 is available for University of Maine,
Partnership for Early Childhood Health & Services: Provided further,
That funds appropriated under this heading are available for the
Healthy Start, Grow Smart program under which the Centers for Medicare
and Medicaid Services may, directly or through grants, contracts, or
cooperative agreements, produce and distribute informational materials
including, but not limited to, pamphlets and brochures on infant and
toddler health care to expectant parents enrolled in the Medicaid
program and to parents and guardians enrolled in such program with
infants and children: Provided further, That not less than $79,000,000
shall be for processing Medicare appeals: Provided further, That the
Secretary of Health and Human Services is directed to collect fees in
fiscal year 2005 from Medicare+Choice organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That to the extent
Medicare claims processing unit costs are projected by the Centers for
Medicare and Medicaid Services to exceed $0.87 for Part A claims and/or
$0.63 for Part B claims, up to an additional $18,000,000 may be
available for obligation for every $0.04 increase in Medicare claims
processing unit costs from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds. The calculation of
projected unit costs shall be derived in the same manner in which the
estimated unit costs were calculated for the Federal budget estimate
for the fiscal year.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 2005, no commitments for direct
loans or loan guarantees shall be made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24U.S.C. ch. 9),
$2,873,802,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2006, $1,200,000,000, to
remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families (TANF)
with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of
the current fiscal year for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
low-income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,900,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000, to remain available
until expended: Provided, That these funds are for the
unanticipated home energy assistance needs of one or more
States, as authorized by section 2604(e) of the Act: Provided
further, That the entire amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress) as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by
Section 14007 of Public Law 108-287.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement
of unaccompanied alien children authorized by title IV of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980 (Public Law 96-422), for
carrying out section 462 of the Homeland Security Act of 2002
(Public Law 107-296), and for carrying out the Torture Victims
Relief Act of 2003 (Public Law 108-179), $488,336,000, of which
up to $10,000,000 shall be available to carry out the
Trafficking Victims Protection Act of 2003 (Public Law 108-
193): Provided, That funds appropriated under this heading
pursuant to section 414(a) of the Immigration and Nationality
Act and section 462 of the Homeland Security Act of 2002 for
fiscal year 2005 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2007.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $2,099,729,000 shall be
used to supplement, not supplant state general revenue funds
for child care assistance for low-income families: Provided,
That $19,120,000 shall be available for child care resource and
referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline:
Provided further, That, in addition to the amounts required to
be reserved by the States under section 658G, $272,672,000
shall be reserved by the States for activities authorized under
section 658G, of which $100,000,000 shall be for activities
that improve the quality of infant and toddler care: Provided
further, That $10,000,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX of
such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and 316
of the Family Violence Prevention and Services Act, as amended,
the Native American Programs Act of 1974, title II of Public
Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned
Infants Assistance Act of 1988, sections 261 and 291 of the
Help America Vote Act of 2002, the Early Learning Opportunities
Act, part B(1) of title IV and sections 413, 429A, 1110, and
1115 of the Social Security Act, and sections 40155, 40211, and
40241 of Public Law 103-322; for making payments under the
Community Services Block Grant Act, sections 439(h), 473A, and
477(i) of the Social Security Act, and title IV of Public Law
105-285, and for necessary administrative expenses to carry out
said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9),
the Omnibus Budget Reconciliation Act of 1981, title IV of the
Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, sections 40155, 40211, and
40241 of Public Law 103-322, and section 126 and titles IV and
V of Public Law 100-485, $9,069,853,000, of which $32,103,000,
to remain available until September 30, 2006, shall be for
grants to States for adoption incentive payments, as authorized
by section 473A of title IV of the Social Security Act (42
U.S.C. 670-679) and may be made for adoptions completed before
September 30, 2005: Provided further, That $6,898,580,000 shall
be for making payments under the Head Start Act, of which
$1,400,000,000 shall become available October 1, 2005 and
remain available through September 30, 2006: Provided further,
That $732,385,000 shall be for making payments under the
Community Services Block Grant Act: Provided further, That not
less than $7,300,000 shall be for section 680(3)(B) of the
Community Services Block Grant Act, Provided further, That
within amounts provided herein for abstinence education for
adolescents, up to $10,000,000 may be available for a national
abstinence education campaign: Provided further, That in
addition to amounts provided herein, $6,000,000 shall be
available from amounts available under section 241 of the
Public Health Service Act tocarry out the provisions of section
1110 of the Social Security Act: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of intangible
property which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant for
purposes and uses consistent with the original grant: Provided further,
That funds appropriated for section 680(a)(2) of the Community Services
Block Grant Act, as amended, shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $55,000,000 is for a compassion capital fund to
provide grants to charitable organizations to emulate model social
service programs and to encourage research on the best practices of
social service organizations: Provided further, That $15,000,000 shall
be for activities authorized by the Help America Vote Act of 2002, of
which $10,000,000 shall be for payments to States to promote access for
voters with disabilities, and of which $5,000,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $100,000,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2) of the Social Security Act) to adolescents, and for
Federal costs of administering the grant: Provided further, That grants
under the immediately preceding proviso shall be made only to public
and private entities which agree that, with respect to an adolescent to
whom the entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other education
regarding sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or services the
adolescent shall not be precluded from seeking health information or
services from the entity in a different setting than the setting in
which abstinence education was provided: Provided further, That in
addition to amounts provided herein for abstinence education for
adolescents, $4,500,000 shall be available from amounts available under
section 241 of the Public Health Services Act to carry out evaluations
(including longitudinal evaluations) of adolescent pregnancy prevention
approaches: Provided further, That $2,000,000 shall be for improving
the Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,383,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,037,900,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2006, $1,767,200,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section
474 of title IV-E, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of the
Public Health Service Act, $1,404,634,000, of which $5,500,000
shall be available for activities regarding medication
management, screening, and education to prevent incorrect
medication and adverse drug reactions; and of which $4,558,000
shall remain available until September 30, 2007, for the White
House Conference on Aging.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, XX, and XXI of the Public Health
Service Act, and the United States-Mexico Border Health
Commission Act, $371,975,000, together with $55,851,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund: Provided,
That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act,
$13,120,000 shall be for activities specified under section
2003(b)(2), all of which shall be for prevention service
demonstration grants under section 510(b)(2) of title V of the
Social Security Act, as amended, without application of the
limitation of section 2010(c) of said title XX: Provided
further, That of this amount, $52,838,000 shall be for minority
AIDS prevention and treatment activities; $14,847,000 shall be
for an Information Technology Security and Innovation Fund for
Department-wide activities involving cybersecurity, information
technology security, and related innovation projects; and
$6,000,000 shall be to assist Afghanistan in the development of
maternal and child health clinics, consistent with section
103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002:
Provided further, That no more than $2,754,000 shall be
available for the Office of the Assistant Secretary for
Legislation: Provided further, That $50,000,000 shall be
transferred to the Social Security Administration for
processing Medicare appeals: Provided further, That specific
information requests from the chairmen and ranking members of
the Subcommittees on Labor, Health and Human Services, and
Education, and Related Agencies, on scientific research or any
other matter, shall be transmitted to the Committees on
Appropriations in a prompt professional manner and within the
time frame specified in the request: Provided further, That
scientific information requested by the Committees on
Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on
Appropriations, uncensored and without delay.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, as amended, $40,323,000: Provided, That of
such amount, necessary sums are available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$32,043,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security Act
and title III of the Public Health Service Act, $20,750,000,
which shall be available from amounts available under section
241 of the Public Health Service Act to carry out national
health or human services research and evaluation activities:
Provided, That the expenditure of any funds available under
section 241 of the Public Health Service Act are subject to the
requirements of section 206 of this Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, for medical care of dependents and
retired personnel under the Dependents' Medical Care Act (10
U.S.C. ch. 55 and 56), such amounts as may be required during
the current fiscal year. The following are definitions for the
medical benefits of the Public Health Service Commissioned
Officers that apply to 10 U.S.C. chapter 56, section 1116(c).
The source of funds for the monthly accrual payments into the
Department of Defense Medicare-Eligible Retiree Health Care
Fund shall be the Retirement Pay and Medical Benefits for
Commissioned Officers account. For purposes of this Act, the
term ``pay of members'' shall be construed to be synonymous
with retirement payments to United States Public Health Service
officers who are retired for age, disability, or length of
service; payments to survivors of deceased officers; medical
care to active duty and retired members and dependents and
beneficiaries; all of which payments are provided for by the
Retirement Pay and Medical Benefits for Commissioned Officers
account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease, nuclear, radiological
and chemical threats to civilian populations, $2,208,287,000:
Provided, That this amount is distributed as follows: Centers
for Disease Control and Prevention, $1,173,300,000; Office of
the Secretary, $64,438,000; Strategic National Stockpile,
$400,000,000, to remain available until expended; National
Institutes of Health, $47,400,000; and Health Resources and
Services Administration, $523,149,000: Provided further, That
employees of the Centers for Disease Control and Prevention or
the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public
Health Service Act for purposes related to homeland security,
shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or the Department of
Health and Human Services during the period of detail or
assignment.
In addition, for activities to ensure a year-round
influenza vaccine production capacity; the development and
implementation of rapidly expandable influenza vaccine
production technologies; and if determined necessary by the
Secretary, the purchase of influenza vaccine, $100,000,000, to
remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a
rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or
for other taps and assessments made by any office located in
the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.
(TRANSFER OF FUNDS)
Sec. 208. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Health and Human
Services in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity
shall be increased by more than 3 percent by any such transfer:
Provided, That a program, project, or activity may be increased
by up to an additional 2 percent subject to approval by the
House and Senate Committees on Appropriations: Provided
further, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any
transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for theaward certifies to the
Secretary that it encourages family participation in the decision of
minors to seek family planning services and that it provides counseling
to minors on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare+Choice program if the Secretary denies
participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167)
is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking
``1997, 1998, 1999, 2000, 2001, 2002, 2003,
2004, and 2005'' and inserting ``1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, 2005, and
2006''; and
(B) in subsection (e), by striking
``October 1, 2004'' each place it appears and
inserting ``October 1, 2005'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by
striking ``and'' at the end;
(ii) in subparagraph (B), by
striking the period and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(C) one or more categories of aliens who are or
were nationals and residents of the Islamic Republic or
Iran who, as members of a religious minority in Iran,
share common characteristics that identify them as
targets of persecution in that state on account of
race, religion, nationality, membership in a particular
social group, or political opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``September 30, 2004''
and inserting ``September 30, 2005''.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2005 that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2005 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2004, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2004
State expenditures and all fiscal year 2005 obligations for
tobacco prevention and compliance activities by program
activity by July 31, 2005.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2005.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2005, the Secretary of Health and Human
Services--
(1) may exercise authority equivalent to that
available to the Secretary of State in section 2(c)
ofthe State Department Basic Authorities Act of 1956 (22 U.S.C.
2669(c)). The Secretary of Health and Human Services shall consult with
the Secretary of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
and other applicable statutes administered by the Department of State,
and
(2) is authorized to provide such funds by advance
or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities
outside of the United States for the use of the
Department of Health and Human Services. The Department
of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department
of Health and Human Services has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit
private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or
renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and
environmental diseases, and other health activities
abroad.
Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.
Sec. 217. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health may use funds available under section 402(i) of the
Public Health Service Act (42 U.S.C. 282(i)) to enter into
transactions (other than contracts, cooperative agreements, or
grants) to carry out research in support of the NIH Roadmap
Initiative of the Director.
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the National Institutes of
Health may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to
such transactions in lieu of the peer review and advisory
council review procedures that would otherwise be required
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the Public Health Service Act (42
U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
Sec. 218. Notwithstanding any other provisions of law,
funds made available under this heading may be used to continue
operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
Sec. 219. (a) Notwithstanding section 412.23(b)(2) of title
42 of the Code of Federal Regulations, none of the funds
appropriated by this Act may be expended by the Secretary of
Health and Human Services to treat a hospital or unit of a
hospital that was certified by the Secretary as an inpatient
rehabilitation facility on or before June 30, 2004, as a
subsection (d) hospital (as defined in section 1886(d)(1)(B) of
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) until, not
later than 60 days after the date on which the report under
subsection (b) is issued, the Secretary, taking into account
the recommendations in such report--
(1) determines that the classification criteria of
hospitals and units of hospitals as inpatient
rehabilitation facilities under such section
412.23(b)(2) are not inconsistent with such
recommendations; or
(2) promulgates a regulation providing for revised
criteria under such section 412.23(b)(2), which
regulation shall be effective and final immediately on
an interim basis as of the date of publication of the
regulation.
(b) The study referred to in subsection (a) is a study by
the Comptroller General of the United States directed in the
statement of managers accompanying the conference report on the
bill H.R. 1 of the 108th Congress regarding clinically
appropriate standards for defining inpatient rehabilitation
services under such section 412.23(b)(2).
Sec. 220. In addition to funds appropriated to the Office
of Inspector General of the Department of Health and Human
Services under Public Law 104-191 and this Act, $25,000,000
shall be transferred from amounts appropriated under section
1015(a)(1) of Public Law 108-173 for activities by the Office
of Inspector General of the Department of Health and Human
Services relating to oversight of programs established or
revised by Public Law 108-173.
Sec. 221. The unobligated balance of the Health Professions
Student Loan program authorized in Subpart II, Federally-
Supported Student Loan Funds, of Title VII of the Public Health
Services Act is rescinded.
Sec 222. The unobligated balance of the Nursing Student
Loan program authorized by section 835 of the Public Health
Services Act is rescinded.
Sec. 223. The unobligated balance, excluding amounts
necessary for the costs of potential defaults, in the Medical
Facilities Guarantee and Loan Fund is rescinded.
Sec. 224. The unobligated balance in the amount of
$20,000,000 appropriated by Public Law 108-11 under the heading
``Public Health and Social Services Emergency Fund'' is
rescinded.
Sec. 225. The Center for Biodefense and Emerging Infectious
Diseases (Building 33) at the National Institutes of Health is
hereby named the C.W. Bill Young Center for Biodefense and
Emerging Infectious Diseases.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2005''.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the Higher
Education Act of 1965, $14,963,683,000, of which $7,382,995,000
shall become available on July 1, 2005, and shall remain
available through September 30, 2006, and of which
$7,383,301,000 shall become available on October 1, 2005, and
shall remain available through September 30, 2006 for academic
year 2005-2006, and of which $25,000,000 shall become available
on October 1, 2004 and shall remain available until September
30, 2006: Provided, That $7,037,592,000 shall be available for
basic grants under section 1124: Provided further, That up to
$3,500,000 of these funds shall be available to the Secretary
of Education on October 1, 2004, to obtain annually updated
educational-agency-level census poverty data from the Bureau of
the Census: Provided further, That $1,365,031,000 shall be
available for concentration grants under section 1124A:
Provided further, That $2,219,843,000 shall be available for
targeted grants under section 1125: Provided further, That
$2,219,843,000 shall be available for education finance
incentive grants under section 1125A: Provided further, That
$25,000,000, available until September 30, 2006, shall be for a
striving readers initiative authorized under section 1502 of
the ESEA: Provided further, That $9,500,000 shall be available
to carry out part E of title I: Provided further, That from the
funds available to carry out part E of title I, up to
$1,000,000 shall be availableto the Secretary of Education to
provide technical assistance to state and local educational agencies
concerning part A of title I: Provided further, That $207,000,000 shall
be available for comprehensive school reform grants under part F of the
ESEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, $1,253,893,000,
of which $1,083,687,000 shall be for basic support payments
under section 8003(b), $50,369,000 shall be for payments for
children with disabilities under section 8003(d), $48,936,000
shall be for construction under section 8007 and shall remain
available through September 30, 2006, $63,000,000 shall be for
Federal property payments under section 8002, and $7,901,000,
to remain available until expended, shall be for facilities
maintenance under section 8008: Provided, That $3,000,000 of
the funds for section 8007 shall be available for the local
educational agencies and in the amounts specified in the
statement of the managers on the conference report accompanying
this Act: Provided further, That, notwithstanding any other
provision of law, these funds shall remain available until
expended : Provided further, That for purposes of computing the
amount of a payment for an eligible local educational agency
under section 8003(a) of the Elementary and Secondary Education
Act (20 U.S.C. 7703(a)) for school year 2004-2005, children
enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act,
but due to the deployment of both parents or legal guardians,
or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside
on Federal property as described in section 8003(a)(1)(B)), are
no longer eligible under such section, shall be considered as
eligible students under such section, provided such students
remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by titles II, part B of title IV, part A and subparts 6 and 9
of part D of title V, parts A and B of title VI, and parts B
and C of title VII of the Elementary and Secondary Education
Act of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,664,977,000, of which
$4,034,196,000 shall become available on July 1, 2005, and
remain available through September 30, 2006, and of which
$1,435,000,000 shall become available on October 1, 2005, and
shall remain available through September 30, 2006, for academic
year 2005-2006: Provided, That funds made available to carry
out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an elementary
school or secondary school, run by the Department of Education
of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That from the funds
referred to in the preceding proviso, not less than $1,000,000
shall be for a grant to the Department of Education of the
State of Hawaii for the activities described in such proviso,
and $600,000 shall be for a grant to the University of Hawaii
School of Law for a Center of Excellence in Native Hawaiian
law: Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construction:
Provided further, That from the funds referred to in the
preceding proviso, $2,000,000 shall be provided to the Yuut
Elitnaurviut Vocational Learning Center in Bethel, Alaska for
construction; $1,000,000 shall be provided to the University of
Alaska Anchorage for high school enrichment programs of the UAA
Native Science and Engineering program; and notwithstanding any
other provision of law, of the funds available to the Alaska
Native Heritage Center, up to $1,000,000 may be used for repair
and renovation of buildings on its campus: Provided further,
That $415,000,000 shall be for State assessments and related
activities authorized under sections 6111 and 6112 of the ESEA:
Provided further, That the amount made available in the
Department of Education Appropriations Act, 2004, under the
heading School Improvement Programs and including any funds
transferred by the Secretary of Education pursuant to section
304 of that Act for state assessment grants authorized under
section 6111 of the Elementary and Secondary Education Act of
1965, shall not be less than $390,000,000: Provided further,
That, notwithstanding any other provision of law, including any
across-the-board reduction that would otherwise apply, the
funds made available for fiscal year 2005 under the heading
School Improvement Programs for state assessment grants under
section 6111 of the Elementary and Secondary Education Act of
1965 shall not be less than $400,000,000: Provided further,
That $57,283,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002: Provided
further, That $29,111,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That no funds
appropriated under this heading may be used to carry out
section 5494 under the ESEA: Provided further, That $12,230,000
shall be available to carry out the Supplemental Education
Grants program for the Federated States of Micronesia, and
$6,100,000 shall be available to carry out the Supplemental
Education Grants program for the Republic of the Marshall
Islands: Provided further, That up to five percent of these
amounts may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain technical
assistance, oversight and consultancy services in the
administration of these grants and to reimburse the U.S.
Departments of Labor, Health and Human Services, and Education
for such services.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $120,856,000.
Innovation and Improvement
For carrying out activities authorized by parts G and H of
title I, subpart 5 of part A and parts C and D of title II,
parts B, C, and D of title V, and section 1504 of the
Elementary and Secondary Education Act of 1965 (``ESEA''),
$1,101,454,000: Provided, That $17,000,000 shall be available
to carry out section 2151(c) of the ESEA, of which not less
than $10,000,000 shall be provided to the National Board for
Professional Teaching Standards, and not less than $7,000,000
shall be provided to the American Board for the Certification
of Teacher Excellence: Provided further, That $37,279,000 shall
be for subpart 2 of part B of title V: Provided further, That
$417,418,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That $246,963,000 of the funds
for subpart 1, part D of title V of the ESEA shall be available
for the projects and in the amounts specified in the statement
of the managers on the conference report accompanying this Act.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3 and 10 of
part D of title V of the Elementary and Secondary Education Act
of 1965 (``ESEA''), title VIII-D of the Higher Education
Amendments of 1998, and Public Law 102-73, $867,713,000, of
which $467,908,000, shall become available on July 1, 2005 and
remain available through September 30, 2006: Provided, That of
the amount available for subpart 2 of part A of title IV ofthe
ESEA, $850,000 shall be used to continue the National Recognition
Awards program under the same guidelines outlined by section 120(f) of
Public Law 105-244: Provided further, That $440,908,000 shall be
available for subpart 1 of part A of title IV and $236,472,000 shall be
available for subpart 2 of part A of title IV: Provided further, That
$133,691,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $12,292,000 may be used to carry
out section 2345 and $3,050,000 shall be used by the Center for Civic
Education to implement a comprehensive program to improve public
knowledge, understanding, and support of the Congress and the state
legislatures: Provided further, That $27,000,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in accordance with
section 601 of Public Law 102-73 as that section was in effect prior to
enactment of Public Law 105-220: Provided further, That of the funds
available to carry out subpart 10 of part D of title V, up to
$2,000,000 may be used to support the Special Olympics National Summer
Games.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$681,215,000, of which $595,715,000 shall become available on
July 1, 2005, and shall remain available through September 30,
2006: Provided, That funds reserved under section 3111(c)(1)(D)
of the ESEA that are not used in accordance with section
3111(c)(2) may be added to the funds that are available July 1,
2005, through September 30, 2006, for State allotments under
section 3111(c)(3).
Special Education
For carrying out parts B, C, and D of the Individuals with
Disabilities Education Act, $11,767,748,000, of which
$6,145,270,000 shall become available for obligation on July 1,
2005, and shall remain available through September 30, 2006,
and of which $5,413,000,000 shall become available on October
1, 2005, and shall remain available through September 30, 2006,
for academic year 2005-2006: Provided, That $11,400,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support
the development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000 shall
be for the recipient of funds provided by Public Law 105-78
under section 687(b)(2)(G) of the Act as in effect prior to the
enactment of the Individuals with Disabilities Education
Improvement Act of 2004 to provide information on diagnosis,
intervention, and teaching strategies for children with
disabilities: Provided further, That the amount for section
611(c) of the Act shall be equal to the amount available for
that section during fiscal year 2004, increased by the amount
of inflation as specified in section 611(f)(1)(B)(ii) of the
Act (as in effect prior to the enactment of the Individuals
with Disabilities Education Improvement Act of 2004).
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998 (``the AT Act''), and the Helen Keller National Center
Act, $3,076,112,000, of which $1,000,000 shall be awarded to
the American Academy of Orthotists and Prosthetists for
activities that further the purposes of the grant received by
the Academy for the period beginning October 1, 2003, including
activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That
$30,000,000 shall be used for carrying out the AT Act,
including $4,420,760 for State grants for protection and
advocacy under section 5 of the AT Act and $4,055,000 shall be
for alternative financing programs: Provided further, That the
Federal share of grants for alternative financing programs
under section 4(b)(2)(D) of the AT Act shall not exceed 75
percent, and the requirements in section 301(c)(2) and section
302 of the AT Act (as in effect on the day before the date of
enactment of the Assistive Technology Act of 2004) shall not
apply to such grants: Provided further, That $7,030,000 of the
funds for section 303 of the Rehabilitation Act of 1973 shall
be available for the projects and in the amounts specified in
the statement of the managers of the conference report
accompanying this Act.
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $17,000,000.
National Technical Institute for the Deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $55,790,000, of which $1,685,000 shall be
for construction and shall remain available until expended:
Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as
authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $105,400,000:
Provided, That from the total amount available, the University
may at its discretion use funds for the endowment program as
authorized under section 207.
Vocational and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Technical Education Act of 1998,
the Adult Education and Family Literacy Act, and subparts 4 and
11 of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $2,027,166,000, of which
$1,226,404,000 shall become available on July 1, 2005 and shall
remain available through September 30, 2006 and of which
$791,000,000 shall become available on October 1, 2005 and
shall remain available through September 30, 2006: Provided,
That of the amount provided for Adult Education State Grants,
$69,135,000 shall be made available for integrated English
literacy and civics education services to immigrants and other
limited English proficient populations: Provided further, That
of the amount reserved for integrated English literacy and
civics education, notwithstanding section 211 of the Adult
Education and Family Literacy Act, 65 percent shall be
allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year
average of the Immigration and Naturalization Service data for
immigrants admitted for legal permanent residence for the 10
most recent years, and 35 percent allocated to States that
experienced growth as measured by the average of the 3 most
recent years for which Immigration and Naturalization Service
data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act,
$9,169,000 shall be for national leadership activities under
section 243 and $6,692,000 shall be for the National Institute
for Literacy under section 242: Provided further, That
$100,238,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That $95,238,000 shall be
available to support the activities authorized under subpart 4
of part D of title V of the Elementary and Secondary Education
Act of 1965, of which up to 5 percent shall become available
October 1, 2004 and shall remain available through September
30, 2006, for evaluation, technical assistance, school
networking, peer review of applications, and program outreach
activities, and of which not less than 95 percent shall become
available on July 1, 2005, and remain available through
September 30, 2006, for grants to local educational agencies:
Provided further, That funds made available to local education
agencies under this subpart shall be used only for activities
related to establishing smaller learning communities in high
schools.
Student Financial Assistance
For carrying out subparts 1, 3 and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as
amended, $14,380,795,000, which shall remain available through
September 30, 2006.
The maximum Pell Grant for which a student shall be
eligible during award year 2005-2006 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of title
I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E
of title IV of the Higher Education Act of 1965, as amended,
$120,247,000.
Higher Education
For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965 (``HEA''), as amended, section
1543 of the Higher Education Amendments of 1992, the Mutual
Educational and Cultural Exchange Act of 1961, title VIII of
the Higher Education Amendments of 1998, and section 117 of the
Carl D. Perkins Vocational and Technical Education Act,
$2,134,269,000, of which $1,500,000 for interest subsidies
authorized by section 121 of the HEA shall remain available
until expended: Provided, That $9,876,000, to remain available
through September 30, 2006, shall be available to fund
fellowships for academic year 2006-2007 under part A, subpart 1
of title VII of said Act, under the terms and conditions of
part A, subpart 1: Provided further, That notwithstanding any
other provision of law or any regulation, the Secretary of
Education shall not require the use of a restricted indirect
cost rate for grants issued pursuant to section 117 of the Carl
D. Perkins Vocational and Technical Education Act of 1998:
Provided further, That $988,000 is for data collection and
evaluation activities for programs under the HEA, including
such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to one percent may be
used for program evaluation, national outreach, and information
dissemination activities and $1,500,000 shall be used for a
contract with the National Research Council to carry out an
independent review of title VI international education and
foreign language studies and the section 102(b)(6) Fulbright-
Hays programs: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding section
210 of such Act: Provided further, That $146,360,000 of the
funds for part B of title VII of the Higher Education Act of
1965 shall be available for the projects and in the amounts
specified in the statement of the managers of the conference
report accompanying this Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et
seq.), $240,715,000, of which not less than $3,552,000 shall be
for a matching endowment grant pursuant to the Howard
University Endowment Act (Public Law 98-480) and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses authorized under
section 121 of the Higher Education Act of 1965, $578,000 to
carry out activities related to existing facility loans entered
into under the Higher Education Act of 1965.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher
Education Act of 1965, shall not exceed $357,000,000, and the
cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered
into pursuant to title III, part D of the Higher Education Act
of 1965, as amended, $212,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, as amended, The National
Assessment of Educational Progress Authorization Act, and
section 208 of the Educational Technical Assistance Act of
2002, $527,453,000: Provided, That, of the amount appropriated,
$190,518,000 shall be available for obligation until September
30, 2006: Provided further, That $83,774,000 shall be for
research and innovation in special education authorized under
section 177 of the Education Science Reform Act, as amended:
Provided further, That $10,623,000 of the funds for section 177
of the Act shall be available for the projects and in the
amounts specified in the statement of the managers of the
conference report accompanying this Act.
Departmental Management
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $423,379,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $90,248,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $47,790,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan
of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described
in this section does not include the establishment of magnet
schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
Department of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Sec. 305. Section 8002(m) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(m)) is amended by
striking ``5 years'' each place it appears and inserting ``7
years''.
Sec. 306. (a) Section 167 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3) is
amended by striking ``$200,000, for Western Maine Technical
College, South Paris, Maine, for education programs and
marketing activities'' and inserting ``$200,000, for Central
Maine Community College, Auburn, Maine, for education programs,
student recruitment and marketing activities at the Central
Maine Community College-Western Maine University and Community
College Center in South Paris, Maine''.
(b) In the statement of the managers of the committee of
conference accompanying H.R. 2673 (Public Law 108-199; House
Report 108-401), in the matter in title III of division E,
relating to the Fund for the Improvement of Education under the
heading ``Innovation and Improvement'' the provision specifying
$300,000 for the Provo City Public Schools, Provo, Utah, to
develop, purchase and implement an English language
instructional program for training and certifying ESL teachers
shall be deemed to read as follows: ``Provo City Public
Schools, Provo, Utah, for an English language instructional
program, $300,000''.
Sec. 307. Notwithstanding any other provision of law,
students from the Republic of the Marshall Islands and the
Federated States of Micronesia enrolled in institutions of the
Republic of Palau shall be eligible for grants under subpart 1
of part A of title IV of the Higher Education Act of 1965 to
the extent such grants continue to be available to students
from the Republic of the Marshall Islands and the Federated
States of Micronesia who are attending institutions in the
United States.
This title may be cited as the ``Department of Education
Appropriations Act, 2005''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport, to
be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $61,624,000, of which $4,000,000 shall remain
available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington
and the Armed Forces Retirement Home--Gulfport.
Committee for Purchase From People Who Are Blind or Severely Disabled
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92-28, $4,707,000.
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $356,598,000:
Provided, That none of the funds made available to the
Corporation for National and Community Service in this Act for
activities authorized by section 122 of Part C of Title I and
Part E of Title II of the Domestic Volunteer Service Act of
1973 shall be used to provide stipends or other monetary
incentives to volunteers or volunteer leaders whose incomes
exceed 125 percent of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2007, $400,000,000: Provided, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to pay for receptions, parties, or
similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds contained
in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis
of race, color, national origin, religion, or sex: Provided
further, That for fiscal year 2005, in addition to the amounts
provided above, $39,705,000 shall be for costs related to
digital program production, development, and distribution,
associated with the transition of public broadcasting to
digital broadcasting, to be awarded as determined by the
Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives:
Provided further, That for fiscal year 2005, in addition to the
amounts provided above, $40,000,000 shall be for the costs
associated with replacement and upgrade of the public
television interconnection system: Provided further, That none
of the funds made available to the Corporation for Public
Broadcasting by this Act, Public Law 108-199 or Public Law 108-
7, shall be used to support the Television Future Fund or any
similar purpose.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it by
the Labor Management Relations Act, 1947 (29 U.S.C. 171-180,
182-183), including hire of passenger motor vehicles; for
expenses necessary for the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a); and for expenses necessary for the
Service to carry out the functions vested in it by the Civil
Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$44,797,000, including $1,500,000, to remain available through
September 30, 2006, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided,
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other
conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $7,872,000.
Institute of Museum and Library Services
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996, $282,827,000, to remain available until expended:
Provided, That of the amount provided, $100,000 shall be
awarded to Academy of Natural Sciences, Philadelphia,
Pennsylvania, for exhibits and programming associated with the
Lewis and Clark expedition, $300,000 shall be awarded to Alaska
Native Heritage Museum, Anchorage, AK in cooperation with the
Koahnic Broadcasting Corporation for its Elders Oral History
Project, $50,000 shall be awarded to Alex Haley House and
Museum, Henning, TN to preserve collections and improve
exhibits, $100,000 shall be awarded to Allegheny County,
Pittsburgh, Pennsylvania for exhibit design and development,
$100,000 shall be awarded to Allentown Public Library,
Allentown, Pennsylvania, for technological upgrades and
educational programs, $400,000 shall be awarded to AMISTAD
America, Inc., New Haven, Connecticut, for an endowment fund as
authorized under P.L. 108-184, $320,000 shall be awarded to
Amistad Research Center, Tulane University, New Orleans,
Louisiana, for faculty research fellowship and student
internship programs, $50,000 shall be awarded to Anniston
Museum of Natural History, Anniston, Alabama, for enhanced
classroom curriculum, $100,000 shall be awarded to Antiquarian
& Landmarks Society, Hartford, Connecticut, for the Nathan Hale
Homestead in Coventry, $100,000 shall be awarded to Arab
Community Center for Economic and Social Services (ACCESS),
Dearborn, Michigan, for exhibits and museum programs, $75,000
shall be awarded to Athenaeum of Philadelphia, Philadelphia,
Pennsylvania, for conservation and preservation of library
materials, $75,000 shall be awarded to Audubon Pennsylvania,
Audubon, Pennsylvania, for exhibits and nature education
programs at the Mill Grove Audubon Center, $200,000 shall be
awarded to Autry National Center, Los Angeles, California, for
exhibits, education programs and outreach at its Southwest
Museum of the American Indian and/or its Museum of the American
West, $200,000 shall be awarded to Baylor University, Waco,
Texas, for archival activities, exhibits, and education
programs for the Mayborn Museum Complex, $500,000 shall be
awarded to Beth Medrash Govoha, Lakewood, New Jersey, for
equipment, exhibits and preservation of collections, $125,000
shall be awarded to Bibliographical Society of America, New
York, New York, $500,000 shall be awarded to Bishop Museum in
Hawaii for digitization of old Hawaiian language newspapers and
other activities to preserve the culture of Native Hawaiians,
$100,000 shall be awarded to Boys and Girls Harbor, New York,
New York, for the preservation and digitalization of Raices
Collection, a multi-media collection documenting the history of
Afro-Caribbean Latin music in America, $75,000 shall be awarded
to Brooklyn Academy of Music, Brooklyn, New York, for
preservation and management of its archives, $50,000 shall be
awarded to Business Association of West Parkside, Philadelphia,
Pennsylvania to exhibit the Negro Leagues Baseball Memorial,
$200,000 shall be awarded to Canton Museum of Art, Canton,
Ohio, to develop and implement the HeARTland program, $100,000
shall be awarded to Cape Cod Maritime Museum, Hyannis,
Massachusetts for the development of exhibitions and programs,
$100,000 shall be awarded to Carnegie Museums of Pittsburgh,
Pittsburgh, Pennsylvania, for preservation of collections at
the Carnegie Museum of Natural History, $25,000 shall be
awarded to Catawba County Historical Association, Newton, North
Carolina, $200,000 shall be awarded to Chaldean Community
Culture Center, West Bloomfield, Michigan, for programs that
promote Chaldean language, history, culture and teacher
training, $400,000 shall be awarded to Charles H. Wright Museum
of African American History, Detroit, Michigan, for exhibits,
education programs, technology and operations, $84,000 shall be
awarded to Cherry Hill Township in New Jersey for improved
library technology, $150,000 shall be awarded to Chicago
Historical Society, Chicago, Illinois for expansion of the
Chicago Historical Society's collections and exhibits, $200,000
shall be awarded to Children's Museum in Oak Lawn, Oak Lawn,
Illinois, for its ``Explore and Soar'' education program,
$100,000 shall be awarded to City of Henderson, North Carolina,
for personnel, equipment and technology for the H. Leslie Perry
Memorial Library, $200,000 shall be awarded to City of Jackson,
Mississippi for the Medger Wiley Evers Museum for program and
exhibit design and development, $250,000 shall be awarded to
City of Jackson, TN to support technology upgrades at the
Jackson-Madison County Public Library, $150,000 shall be
awarded to City of Murrieta Public Library, Murrieta,
California, for a Literacy thru Technology Program, $500,000
shall be awarded to Claude Pepper Center in Tallahassee,
Florida for the digitization of library holdings, $100,000
shall be awarded to College of Physicians of Philadelphia,
Philadelphia, Pennsylvania, to preserve its medical library and
art collection, $50,000 shall be awarded to Colleton County
Memorial Library, Walterboro, South Carolina, for books and
library materials, $76,000 shall be awarded to Columbus Museum
of Art, Columbus, Ohio, to develop, test, and fabricate the
exhibition, train teachers and docents and publicize the
project and produce related educational materials, $72,000
shall be awarded to Contra Costa County, Martinez, California,
for the Contra Costa Reads program, $300,000 shall be awarded
to Currier Museum of Art, Manchester, New Hampshire for
educational programs and community outreach, $825,000 shall be
awarded to Des Moines Arts Center for the protection of the
current collection, $500,000 shall be awarded to east Tennessee
Historical Society, Knoxville, Tennessee, to expand and develop
exhibits that teach of the culture and history of East
Tennessee, $30,000 shall be awarded to Edison House Museum,
Louisville, Kentucky, for educational programs, $100,000 shall
be awarded to Everhart Museum, Scranton, Pennsylvania, $430,000
shall be awarded to Experience Music Project in Seattle,
Washington for an Oral History Program, $100,000 shall be
awarded to Fairfax County Public Library, Fairfax, VA, for its
Motheread/Fatheread Plus family literacy initiative, $800,000
shall be awarded to Field Museum, Chicago, Illinois for
establishing networked computer database for collections
management, $100,000 shall be awarded to Fine Arts Museums of
San Francisco for the De Young Museum's Art Education Program,
$275,000 shall be awarded to Florence Library Learning Center,
Los Angeles, California, for reading and other education
programs, $650,000 shall be awarded to Florida International
Museum, St. Petersburg, Florida, for professional activities,
$500,000 shall be awarded to Folger Library, Washington, D.C.,
for exhibits, operations, and public programs including
education and outreach, $50,000 shall be awarded to Frederick
Douglass Museum, Washington, D.C., for an African American
cultural outreach center, $75,000 shall be awarded to Free
Library of Philadelphia, Philadelphia, Pennsylvania, for
technology and equipment upgrades, $350,000 shall be awarded to
George Washington University, Washington, D.C., for the Eleanor
Roosevelt Papers Project, $12,000 shall be awarded to
Greenburgh Public Library, Tarrytown, New York, for computers
and technology, $50,000 shall be awarded to Greensburg
Hempfield Area Public Library, Greensburg, Pennsylvania for
computers, $500,000 shall be awarded to Grout Museum, Waterloo,
IA, for exhibitions, $200,000 shall be awarded to Harbor
Heritage Society, Cleveland, Ohio, for MAKING WAVES: Vessel-
wide interpretive exhibit planning for the Steamship William G.
Mather Maritime Museum, $250,000 shall be awarded to
HealthSpace Cleveland, Cleveland, Ohio for exhibits, $75,000
shall be awarded to Hellenic Cultural Association, Salt Lake
City, UT, for exhibit and program development at the Hellenic
Cultural Museum, $150,000 shall be awarded to Hendry County,
LaBelle, FL, for books and technology for Harlem Library,
$500,000 shall be awarded to Hesperia Community Library,
Hesperia, California, $75,000 shall be awarded to Historical
Society of Western Pennsylvania, Pittsburgh, Pennsylvania for
exhibit and curriculum development for the Western Pennsylvania
Sports Museum, $75,000 shall be awarded to HistoryMakers,
Chicago, Illinois, to create a digital archive dedicated to
preserving the history and accomplishments of African
Americans, $150,000 shall be awarded to Home Port Alliance for
the USS New Jersey for restoration and preservation, $100,000
shall be awarded to Hopkinsville-Christian County Public
Library, Hopkinsville, Kentucky, $250,000 shall be awarded to
Hunter College, New York, New York, to digitize, preserve and
archive collections of the Center for Puerto Rican Studies and
for public access and dissemination activities, $300,000 shall
be awarded to Huntsville Museum of Art, Huntsville, Alabama,
for exhibits, technology, outreach and education programs,
$300,000 shall be awarded to International Museum of Women, San
Francisco, California, for education and teacher professional
development programs, $75,000 shall be awarded to Iona College,
New York, for technology upgrade for the Ryan Library, $150,000
shall be awarded to Italian-American Cultural Center of Iowa in
Des Moines, IA for exhibits, multi-media collections, display,
$72,000 shall be awarded to Jackson County Library System,
Ripley, WV, $415,000 shall be awarded to James Ford Bell Museum
of Natural History, University of Minnesota, Minneapolis, MN,
for exhibits and education programs, $350,000 shall be awarded
to Johnstown Area Heritage Association, Johnstown,
Pennsylvania, for exhibits and education programs for the
Heritage Discovery Center, $25,000 shall be awarded to
Josephine School Community Museum, Berryville, Virginia,
$400,000 shall be awarded to Kansas State University,
Manhattan, KS for the 20th Century Soldier Project, $250,000
shall be awarded to Kidspace Children's Museum, Pasadena,
California, to develop its Shake Zone Education Exhibit,
$100,000 shall be awarded to Lafayette College, Easton,
Pennsylvania, for technology updates to the David Bishop
Skillman Library, $50,000 shall be awarded to Livingston Parish
Hungarian Museum, Denham Springs, Louisiana, $500,000 shall be
awarded to Maltz Museum of Jewish Heritage, Beachwood, Ohio,
for a Cradle of Christianity: Biblical Treasures from the Holy
Land traveling exhibition, $250,000 shall be awarded to MAPS
Air Museum, North Canton, Ohio, to develop educational
displays, upkeep of current displays, library expansion,
historical research and operation expenses, $100,000 shall be
awarded to Mauch Chunk Historical Society of Carbon County, Jim
Thorpe, Pennsylvania, $500,000 shall be awarded to Memphis Zoo,
Memphis, Tennessee to develop exhibits and support student
programs, $400,000 shall be awarded to Miami Museum of Science
& Space Transit Planetarium, Miami, Florida, for exhibits,
outreach, and education programs, $200,000 shall be awarded to
Mid-Hudson Children's Museum, Poughkeepsie, New York, for a
Comprehensive Technology Enrichment Program to enhance
exhibits, $40,000 shall be awarded to Milford Area Historical
Society, Milford, Ohio, for the Promont House Museum, $450,000
shall be awarded to Milton J. Rubenstein Museum of Science and
Technology, Syracuse, New York, $1,540,000 shall be awarded to
Missouri Historical Society, St. Louis, Missouri, for the
establishment and maintenance of an archive for materials
relating to the Congressional career of the Honorable Richard
A. Gephardt, $260,000 shall be awarded to Mount Vernon Public
Library, Mount Vernon, New York for operations and upgrades,
$100,000 shall be awarded to Mt. San Antonio College, Walnut,
California for equipment, $500,000 shall be awarded to Museum
of Appalachia, Norris Tennessee to preserve and restore the
collection of Appalachian pioneer artifacts, $250,000 shall be
awarded to Museum of Aviation Foundation, Warner Robins,
Georgia, $200,000 shall be awarded to Museum of Fine Arts,
Boston, Massachusetts, for the development of exhibitions and
programs, $600,000 shall be awarded to Museum of Flight in
Seattle, Washington for the American Fighter Aces Archive and
Collection, $250,000 shall be awarded to Museum of Science and
Industry, Chicago, Illinois, for the Science in Your World
Program, $500,000 shall be awarded to Museum of Science,
Boston, Massachusetts for community outreach, exhibit design
and development, and educational programs, $75,000 shall be
awarded to National Center for American Revolution, Wayne,
Pennsylvania, for exhibit design and curriculum development for
the Museum of the American Revolution at Valley Forge National
Historic Park, $100,000 shall be awarded to National City
Public Library, National City, California, for collections and
technology, $950,000 shall be awarded to National D-Day Museum
in New Orleans, Louisiana to improve the education, outreach,
and exhibition of the museum, $100,000 shall be awarded to
National Museum of American Jewish History, Philadelphia,
Pennsylvania to develop a fully interactive learning center
linked to their web site that will extend the reach of the
Museum, $1,000,000 shall be awarded to National Museum of Women
in the Arts, Washington, D.C., $750,000 shall be awarded to
National Trust for Historic Preservation, Washington, D.C., for
the Farnsworth House Museum in Plano, Illinois, $2,100,000
shall be awarded to Native American Cultural Center and Museum,
Oklahoma City, Oklahoma, $500,000 shall be awarded to New York
Botanical Garden, Bronx, New York, for the Virtual Herbarium
Project, $1,000,000 shall be awarded to New York Hall of
Science to develop, expand, and display science-related
materials, $90,000 shall be awarded to North Carolina Museum of
Art Foundation, Inc., Raleigh, North Carolina, for exhibits and
education programs, $1,000,000 shall be awarded to Omaha
Performing Arts Center in Nebraska for telecommunications
systems, $100,000 shall be awarded to Pennsylvania Hunting &
Fishing Museum, Warren, Pennsylvania to develop curriculum for
conservation education, $200,000 shall be awarded to Pittsburgh
Children's Museum, Pittsburgh, Pennsylvania, to expand arts and
after-school programs for at-risk children, $950,000 shall be
awarded to Please Touch Museum, Philadelphia, Pennsylvania, to
develop education programs focusing on hands-on learning
experiences, $320,000 shall be awarded to Portland State
University, Portland, Oregon, to enhance library collections
and outreach in the area of Middle Eastern and Judaic Studies,
$50,000 shall be awarded to Putnam County Library, Cookeville,
Tennessee to improve exhibits and purchase technology upgrades,
$100,000 shall be awarded to Reading Company Technical and
Historical Society, Inc., Reading, Pennsylvania to expand
interpretive activities, $550,000 shall be awarded to Rochester
Museum & Science Center, Rochester, New York, for expansion of
exhibitions, $350,000 shall be awarded to Rock and Roll Hall of
Fame and Museum, Cleveland, Ohio, for music education programs,
$200,000 shall be awarded to Saint Louis County Economic
Council, Saint Louis, Missouri, for Jefferson Barracks,
$100,000 shall be awarded to Sam Davis Memorial Association,
Smyrna, Tennessee, for interpretive exhibits and education
programs for the Sam Davis Home, $350,000 shall be awarded to
San Bernardino County, San Bernardino, California for the San
Bernardino County Museum, $300,000 shall be awarded to Save the
Speaker's House, Inc., Trappe, Pennsylvania, $315,000 shall be
awarded to Sci-Quest, The North Alabama Science Center,
Huntsville, Alabama, for science and mathematics education
programs, $175,000 shall be awarded to Serra Cooperative
Library System, San Diego, California, $100,000 shall be
awarded to Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, California, for the Tools for Tolerance
for Educators program to provide teacher training in diversity,
tolerance and cooperation, $50,000 shall be awarded to
Smithtown Library, Smithtown, New York, for equipment and
technology for its Virtual Worldwide Neighborhood Website
Project, $75,000 shall be awarded to Soldiers and Sailors
National Military Museum and Memorial, Pittsburgh,
Pennsylvania, for education and outreach programs, $125,000
shall be awarded to Southwest Missouri State University,
Springfield, Missouri, for digitization of Archives and Rare-
book Collections at the Meyer Library, $250,000 shall be
awarded to Stark County Park District, Canton, Ohio for
exhibits, $1,000,000 shall be awarded to State Historical
Society of Iowa in Des Moines, Iowa for the development of
exhibits for the World Food Prize, $250,000 shall be awarded to
Taft Museum of Art, Cincinnati, Ohio, $600,000 shall be awarded
to Tubman African American Museum, Macon, Georgia, $250,000
shall be awarded to University of Alaska Fairbanks for the
continuation of the Alaska Digital Archives project, $250,000
shall be awarded to University of Vermont of Burlington,
Vermont for a digitization project for the preservation of
Vermont cultural heritage materials, $500,000 shall be awarded
to Vietnam Archives Center at Texas Tech University, Lubbock,
Texas, for technology infrastructure, $200,000 shall be awarded
to Virginia Living Museum, Newport News, Virginia for science
education, $135,000 shall be awarded to Waterloo Center for the
Arts, Waterloo, Iowa for the Youth Pavilion to provide
educational programs and exhibit design and development,
$400,000 shall be awarded to Western Reserve Historical
Society, Cleveland, Ohio, $25,000 shall be awarded to William
McKinley Presidential Library and Museum, Canton, Ohio, $50,000
shall be awarded to Williamsburg Country Library, Kingstree,
South Carolina, for books, library materials and computers,
$250,000 shall be awarded to Winchester Conservation Museum,
Edgefield, South Carolina, $50,000 shall be awarded to
Wisconsin Historical Society, Madison, WI, to catalog and
microfilm military base papers, $100,000 shall be awarded to
Witte Museum, San Antonio, Texas, for the Water Works project,
$75,000 shall be awarded to Woodmere Art Museum, Philadelphia,
Pennsylvania, for technology upgrades and education and
outreach programs, $500,000 shall be awarded to Woodrow Wilson
Presidential Library, Staunton, Virginia, $100,000 shall be
awarded to World War II Victory Memorial Museum, Auburn, IN,
and $75,000 shall be awarded to Zimmer Children's Museum, Los
Angeles, California, to develop and expand the youTHink
education program.
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $9,979,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For necessary expenses for the National Commission on
Libraries and Information Science, established by theAct of
July 20, 1970 (Public Law 91-345, as amended), $1,001,000.
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, as amended, $3,371,000.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167),
and other laws, $251,875,000: Provided, That no part of this
appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning
bargaining units composed of agricultural laborers as referred
to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as
amended, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $11,722,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $10,595,000.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $108,000,000, which shall include amounts becoming
available in fiscal year 2005 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds $108,000,000:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day of
each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2006, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $103,370,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
Limitation on the Office of Inspector General
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more than
$7,254,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That
none of the funds made available in any other paragraph of this
Act may be transferred to the Office; used to carry out any
such transfer; used to provide any office space, equipment,
office supplies, communications facilities or services,
maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any
personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for any
service provided, or expense incurred, by the Office.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,454,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $28,586,829,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2006,
$10,930,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$8,674,296,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2005
not needed for fiscal year 2005 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section 7131
of title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made.
In addition, $124,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2005 exceed $124,000,000, the amounts shall be
available in fiscal year 2006 only to the extent provided in
advance in appropriations Acts.
In addition, up to $3,600,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.
From funds previously appropriated for Federal-State
Partnerships, any unobligated balances at the end of fiscal
year 2004 shall be transferred to the Supplemental Security
Income Program and remain available until expended to promote
Medicare buy-in programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security
Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $25,748,000, together with not to exceed
$65,359,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House and
Senate.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, radio, television,
or video presentation designed to support or defeat legislation
pending before the Congress or any State legislature, except in
presentation to the Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and
the Chairman of the National Mediation Board is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly
state--
(1) the percentage of the total costs of the
program or project which will be financed with Federal
money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 507. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical
illness, including a life-endangering physical
condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.208(a)(2) and
section 498(b) of the Public Health Service Act (42
U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the
Secretary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b))
providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the
Children's Internet Protections Act, unless such library has
made the certifications required by paragraph (4) of such
section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children's
Internet Protections Act and the No Child Left Behind Act,
unless the local educational agency with responsibility for
such covered school has made the certifications required by
paragraph (2) of such section.
Sec. 516. None of the funds appropriated in this Act may be
used to enter into an arrangement under section 7(b)(4) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a
nongovernmental financial institution to serve as disbursing
agent for benefits payable under the Railroad Retirement Act of
1974.
Sec. 517. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees.
None of the funds made available by this Act may be
reprogrammed unless the Appropriations Committees of
both Houses of Congress are notified 15 days in advance
of a reprogramming or announcement of intent to
reprogram funds, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a
reduction in personnel which would result in a change
in existing programs, activities, or projects as
approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15
days in advance of a reprogramming or announcement of
intent to reprogram funds, whichever occurs earlier.
Sec. 518. Notwithstanding any other provision of law or
regulation, the United States Government's interest in the
property at 1818 W. Northern Lights Boulevard in Anchorage,
Alaska, with legal description: T13N R4W Section 25, NE\1/4\
NW\1/4\ Portion W135 E953 N350, Anchorage Recording District
shall be conveyed to Southcentral Foundation for a replacement
Head Start facility.
Sec. 519. (a) In General.--Amounts made available under
this Act for the administrative and related expenses for
departmental management for the Department of Labor, the
Department of Health and Human Services, and the Department of
Education shall be reduced on a pro rata basis by $18,000,000:
Provided, That not later than 15 days after the enactment of
this Act, the Director of the Office of Management and Budget
shall report to the House and Senate Committees on
Appropriations the accounts subject to the pro rata reductions
and the amount to be reduced in each account.
(b) Limitation.--The reduction required by subsection (a)
shall not apply to the Food and Drug Administration and the
Indian Health Service.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2005''.
DIVISION G
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the
Senate, $10,000; President Pro Tempore emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$5,000 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $5,000 for each Chairman; in all,
$195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$134,840,000, which shall be paid from this appropriation
without regard to the following limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,108,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $561,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus,
$163,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders,
$3,808,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $2,556,000.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations,
$13,301,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,413,000 for each such
committee; in all, $2,826,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE
CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $702,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,473,000 for each such committee;
in all, $2,946,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $341,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $19,586,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper,
$50,635,000.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,528,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as
authorized by law, and related expenses, $33,779,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,152,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,265,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$6,000; Sergeant at Arms and Doorkeeper of the Senate, $6,000;
Secretary for the Majority of the Senate, $6,000; Secretary for
the Minority of the Senate, $6,000; in all, $24,000.
Contingent Expenses of the Senate
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under section 134(a) of the Legislative
Reorganization Act of 1946 (Public Law 97-601), section 112 of
the Supplemental Appropriations and Rescission Act, 1980
(Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $110,000,000.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$1,700,000.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $127,182,000, of which $20,045,000
shall remain available until September 30, 2007, and of which
$4,255,000 shall remain available until September 30, 2009.
MISCELLANEOUS ITEMS
For miscellaneous items, $18,326,000, of which up to
$500,000 shall be made available for a pilot program for
mailings of postal patron postcards by Senators for the purpose
of providing notice of a town meeting by a Senator in a county
(or equivalent unit of local government) at which the Senator
will personally attend: Provided, That any amount allocated to
a Senator for such mailing shall not exceed 50 percent of the
cost of the mailing and the remaining cost shall be paid by the
Senator from other funds available to the Senator.
SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators' Official Personnel and Office Expense
Account, $326,533,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the
Senate, $300,000.
ADMINISTRATIVE PROVISIONS
Sec. 1. Gross Rate of Compensation in Offices of Senators.
Effective on and after October 1, 2004, each of the dollar
amounts contained in the table under section 105(d)(1)(A) of
the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
1(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted by law and in effect on September 30, 2004,
increased by an additional $50,000 each.
Sec. 2. Consultants. With respect to fiscal year 2005, the
first sentence of section 101(a) of the Supplemental
Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall be applied
by substituting ``nine individual consultants'' for ``eight
individual consultants''.
Sec. 3. United States Senate Collection. Section 316 of
Public Law 101-302 (2 U.S.C. 2107) is amended in the first
sentence of subsection (a) by striking ``2004'' and inserting
``2005''.
Sec. 4. President Pro Tempore Emeritus of the Senate.
Section 7(e) of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 32b note) is amended by inserting ``and the 109th
Congress'' after ``108th Congress''.
Sec. 5. Transfer of Funds From Appropriations Account of
the Office of the Vice President and the Offices of the
Secretaries for the Majority and Minority to the Senate
Contingent Fund. (a) Office of the Vice President.--
(1) In general.--Upon the written request of the
Vice President, the Secretary of the Senate shall
transfer from the appropriations account appropriated
under the subheading ``office of the vice president''
under the heading ``Salaries, Officers and Employees''
such amount as the Vice President shall specify to the
appropriations account under the heading
``miscellaneous items'' within the contingent fund of
the Senate.
(2) Authority to incur expenses.--The Vice
President may incur such expenses as may be necessary
or appropriate. Expenses incurred by the Vice President
shall be paid from the amount transferred under
paragraph (1) by the Vice President and upon vouchers
approved by the Vice President.
(3) Authority to advance sums.--The Secretary of
the Senate may advance such sums as may be necessary to
defray expenses incurred in carrying out paragraphs (1)
and (2).
(b) Offices of the Secretaries for the Majority and
Minority.--
(1) In general.--Upon the written request of the
Secretary for the Majority or the Secretary for the
Minority, the Secretary of the Senate shall transfer
from the appropriations account appropriated under the
subheading ``offices of the secretaries for the
majority and minority'' under the heading ``Salaries,
Officers and Employees'' such amount as the Secretary
for the Majority or the Secretary for the Minority
shall specify to the appropriations account under the
heading ``miscellaneous items'' within the contingent
fund of the Senate.
(2) Authority to incur expenses.--The Secretary for
the Majority or the Secretary for the Minority may
incur such expenses as may be necessary or appropriate.
Expenses incurred by the Secretary for the Majority or
the Secretary for the Minority shall be paid from the
amount transferred under paragraph (1) by the Secretary
for the Majority or the Secretary for the Minority and
upon vouchers approved by the Secretary for the
Majority or the Secretary for the Minority, as
applicable.
(3) Authority to advance sums.--The Secretary of
the Senate may advance such sums as may be necessary to
defray expenses incurred in carrying out paragraphs (1)
and (2).
(c) Effective Date.--This section shall apply to fiscal
year 2005 and each fiscal year thereafter.
Sec. 6. Activities Relating to Foreign Parliamentary Groups
and Foreign Officials. Section 2(c) of chapter VIII of title I
of the Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c))
is amended in the first sentence by striking ``with the
approval of'' and inserting ``and upon notification to''.
Sec. 7. Transportation of Official Records and Papers to a
Senator's State. (a) Payment of Reasonable Transportation
Expenses.--Upon request of a Senator, amounts in the
appropriation account ``Miscellaneous Items'' within the
contingent fund of the Senate shall be available to pay the
reasonable expenses of sending or transporting the official
records and papers of the Senator from the District of Columbia
to any location designated by such Senator in the State
represented by the Senator.
(b) Sending and Transportation.--The Sergeant at Arms and
Doorkeeper of the Senate shall provide for the most economical
means of sending or transporting the official records and
papers under this section while ensuring the orderly and timely
delivery of the records and papers to the location specified by
the Senator.
(c) Oversight.--The Committee on Rules and Administration
shall have the authority to issue rules and regulations to
carry out the provisions of this section.
(d) Official Records Defined.--In this section, the term
``official records and papers'' means books, records, papers,
and official files which could be sent as franked mail.
(e) Effective Date.--This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
Sec. 8. Compensation for Lost or Damaged Property. (a) In
General.--Any amounts received by the Sergeant at Arms and
Doorkeeper of the Senate (in this section referred to as the
``Sergeant at Arms'') for compensation for damage to, loss of,
or loss of use of property of the Sergeant at Arms that was
procured using amounts available to the Sergeant at Arms in the
account for Contingent Expenses, Sergeant at Arms and
Doorkeeper of the Senate, shall be credited to that account or,
if applicable, to any subaccount of that account.
(b) Availability.--Amounts credited to any account or
subaccount under subsection (a) shall be merged with amounts in
that account or subaccount and shall be available to the same
extent, and subject to the same terms and conditions, as
amounts in that account or subaccount.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2005 and each fiscal year thereafter.
Sec. 9. Age Requirement for Senate Pages. Section 491(b)(1)
of the Legislative Reorganization Act of 1970 (2 U.S.C. 88b-
1(b)(1)) is amended by striking ``fourteen'' and inserting
``sixteen''.
Sec. 10. Treatment of Electronic Services Provided by
Sergeant at Arms. The Office of the Sergeant at Arms and
Doorkeeper of the United States Senate, and any officer,
employee, or agent of the Office, shall not be treated as
acquiring possession, custody, or control of any electronic
mail or other electronic communication, data, or information by
reason of its being transmitted, processed, or stored (whether
temporarily or otherwise) through the use of an electronic
system established, maintained, or operated, or the use of
electronic services provided, in whole or in part by the
Office.
Sec. 11. Modification of Application of Section 47 of the
Revised Statutes. Section 47 of the Revised Statutes of the
United States (2 U.S.C. 48) is amended by striking ``of
Senators shall be certified by the President of the Senate, and
those of Representatives and Delegates'' and inserting ``of
Representatives and Delegates shall be certified''.
Sec. 12. Overseas Travel. (a) Definition.--In this section,
the term ``United States'' means each of the several States of
the United States, the District of Columbia, and the
territories and possessions of the United States.
(b) In General.--A member of the Capitol Police may travel
outside of the United States if--
(1) that travel is with, or in preparation for,
travel of a Senator, including travel of a Senator as
part of a congressional delegation;
(2) the member of the Capitol Police is performing
security advisory and liaison functions (including
advance security liaison preparations) relating to the
travel of that Senator; and
(3) the Sergeant at Arms and Doorkeeper of the
Senate gives prior approval to the travel of the member
of the Capitol Police.
(c) Law Enforcement Functions.--Subsection (b) shall not be
construed to authorize the performance of law enforcement
functions by a member of the Capitol Police in connection with
the travel authorized under that subsection.
(d) Reimbursement.--The Capitol Police shall be reimbursed
for the overtime pay, travel, and related expenses of any
member of the Capitol Police who travels under the authority of
this section. Any reimbursement under this subsection shall be
paid from the account under the heading ``sergeant at arms and
doorkeeper of the senate'' under the heading ``Contingent
Expenses of the Senate''.
(e) Amounts Received.--Any amounts received by the Capitol
Police for reimbursements under subsection (d) shall be
credited to the accounts established for the general expenses
or salaries of the Capitol Police, and shall be available to
carry out the purposes of such accounts during the fiscal year
in which the amounts are received and the following fiscal
year.
(f) Effective Date.--This section shall apply to fiscal
year 2005 and each fiscal year thereafter.
Sec. 13. Expense Allowances. (a) In General.--The matter
under the subheading ``expense allowances of the vice
president, president pro tempore, majority and minority leaders
and majority and minority whips'' under the heading
``LEGISLATIVE BRANCH'' under chapter VI of title I of the
Second Supplemental Appropriations Act, 1978 (Public Law 95-
355; 92 Stat. 532) is amended--
(1) in the second sentence (2 U.S.C. 31a-1)
(relating to the Majority and Minority Leaders of the
Senate) by striking ``$20,000'' and inserting
``$40,000''; and
(2) in the third sentence (2 U.S.C. 32b) (relating
to the President pro tempore) by striking ``$20,000''
and inserting ``$40,000''.
(b) President Pro Tempore Emeritus.--Section 7(d) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
is amended in the first sentence (relating to the President pro
tempore emeritus) by striking ``$7,500'' and inserting
``$15,000''.
(c) Effective Date.--The amendments made by this section
shall apply to fiscal year 2005 and each fiscal year
thereafter.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,048,581,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law,
$18,678,000, including: Office of the Speaker, $2,708,000,
including $25,000 for official expenses of the Speaker; Office
of the Majority Floor Leader, $2,027,000, including $10,000 for
official expenses of the Majority Leader; Office of the
Minority Floor Leader, $2,840,000, including $10,000 for
official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,741,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief
Deputy Minority Whip, $1,303,000, including $5,000 for official
expenses of the Minority Whip; Speaker's Office for Legislative
Floor Activities, $470,000; Republican Steering Committee,
$881,000; Republican Conference, $1,500,000; Democratic
Steering and Policy Committee, $1,589,000; Democratic Caucus,
$792,000; nine minority employees, $1,409,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--majority,
$419,000; and Cloakroom Personnel--minority, $419,000.
Members' Representational Allowances Including Members' Clerk Hire,
Official Expenses of Members, and Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$521,195,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $114,299,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2006.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $24,926,000, including studies and examinations
of executive agencies and temporary personal services for such
committee, to be expended in accordance with section 202(b) of
the Legislative Reorganization Act of 1946 and to be available
for reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2006.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $160,133,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$13,000, of which not more than $10,000 is for the Family Room,
for official representation and reception expenses,
$20,534,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $5,879,000; for salaries
and expenses of the Office of the Chief Administrative Officer,
$116,034,000, of which $7,500,000 shall remain available until
expended; for salaries and expenses of the Office of the
Inspector General, $3,986,000; for salaries and expenses of the
Office of Emergency Planning, Preparedness and Operations,
$1,000,000, to remain available until expended; for salaries
and expenses of the Office of General Counsel, $962,000; for
the Office of the Chaplain, $155,000; for salaries and expenses
of the Office of the Parliamentarian, including the
Parliamentarian and $2,000 for preparing the Digest of Rules,
$1,673,000; for salaries and expenses of the Office of the Law
Revision Counsel of the House, $2,346,000; for salaries and
expenses of the Office of the Legislative Counsel of the House,
$6,721,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $687,000; and for other authorized
employees, $156,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $209,350,000, including: supplies,
materials, administrative costs and Federal tort claims,
$4,350,000; official mail for committees, leadership offices,
and administrative offices of the House, $410,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $203,900,000; and
miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $690,000.
Child Care Center
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the account
established by section 312(d)(1) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2112), subject to the level
specified in the budget of the Center, as submitted to the
Committee on Appropriations of the House of Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or
To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2005. Any amount remaining after all payments are
made under such allowances for fiscal year 2005 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
Sec. 102. Net Expenses of Telecommunications Revolving
Fund. (a) There is hereby established in the Treasury of the
United States a revolving fund for the House of Representatives
to be known as the Net Expenses of Telecommunications Revolving
Fund (hereafter in this section referred to as the ``Revolving
Fund''), consisting of funds deposited by the Chief
Administrative Officer of the House of Representatives from
amounts provided by legislative branch offices to purchase,
lease, obtain, and maintain the data and voice
telecommunications services and equipment located in such
offices.
(b) Amounts in the Revolving Fund shall be used by the
Chief Administrative Officer without fiscal year limitation to
purchase, lease, obtain, and maintain the data andvoice
telecommunications services and equipment of legislative branch
offices.
(c) The Revolving Fund shall be treated as a category of
allowances and expenses for purposes of section 101(a) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) Section 306 of the Legislative Branch Appropriations
Act, 1989 (2 U.S.C. 117f) is amended--
(1) by striking subsection (b) and redesignating
subsection (c) as subsection (b); and
(2) in subsection (b) (as so redesignated), by
striking ``subsections (a) and (b)'' and inserting
``subsection (a)''.
(e) Section 102 of the Legislative Branch Appropriations
Act, 2003 (2 U.S.C. 112g) is amended by adding at the end the
following new subsection:
``(e) This section shall not apply with respect to any
telecommunications equipment which is subject to coverage under
section 103 of the Legislative Branch Appropriations Act, 2005
(relating to the Net Expenses of Telecommunications Revolving
Fund).''.
(f) This section and the amendments made by this section
shall apply with respect to fiscal year 2005 and each
succeeding fiscal year, except that for purposes of making
deposits into the Revolving Fund under subsection (a), the
Chief Administrative Officer may deposit amounts provided by
legislative branch offices during fiscal year 2004 or any
succeeding fiscal year.
Sec. 103. Contract For Exercise Facility. (a) In General.--
The Chief Administrative Officer of the House of
Representatives shall enter into a contract on a competitive
basis with a private entity for the management, operation, and
maintenance of the exercise facility established for the use of
employees of the House of Representatives which is constructed
with funds made available under this Act.
(b) Use of Fees To Support Contract.--Any amounts paid as
fees for the use of the exercise facility described in
subsection (a) shall be used to cover costs incurred by the
Chief Administrative Officer under the contract entered into
under this section or to otherwise support the management,
operation, and maintenance of the facility, and shall remain
available until expended.
Sec. 104. Sense of the House. It is the sense of the House
of Representatives that Members of the House who use vehicles
in traveling for official and representational purposes,
including Members who lease vehicles for which the lease
payments are made using funds provided under the Members'
Representational Allowance, are encouraged to use hybrid
electric and alternatively fueled vehicles whenever possible,
as the use of these vehicles will help to move our Nation
toward the use of a hydrogen fuel cell vehicle and reduce our
dependence on oil.
Sec. 105. (a) Establishment of House Services Revolving
Fund.--There is hereby established in the Treasury of the
United States a revolving fund for the House of Representatives
to be known as the ``House Services Revolving Fund'' (hereafter
in this section referred to as the ``Revolving Fund''),
consisting of funds deposited by the Chief Administrative
Officer of the House of Representatives from all amounts
received by the House of Representatives with respect to the
following activities:
(1) The operation of the House Barber Shop.
(2) The operation of the House Beauty Shop.
(3) The operation of the House Restaurant System
(including vending operations).
(4) The provision of mail services to entities
which are not part of the House of Representatives.
(b) Use of Amounts in Fund.--Amounts in the Revolving Funds
shall be used for any purpose designated by the Chief
Administrative Officer which is approved by the Committee on
Appropriations of the House of Representatives.
(c) Transfer Authority.--The Revolving Fund shall be
treated as a category of allowances and expenses for purposes
of section 101(a) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 95b(a)).
(d) Termination and Transfer of Existing Funds and
Accounts.--
(1) In general.--Each fund and account specified in
paragraph (2) is hereby terminated, and the balance of
each such fund and account is hereby transferred to the
Revolving Fund.
(2) Funds and accounts specified.--The funds and
accounts referred to in paragraph (1) are as follows:
(A) The revolving fund for the House Barber
Shop, established by the paragraph under the
heading ``HOUSE BARBER SHOPS REVOLVING FUND''
in the matter relating to the House of
Representatives in chapter III of title I of
the Supplemental Appropriations Act, 1975
(Public Law 93-554; 88 Stat. 1776).
(B) The revolving funds for the House
Beauty Shop, established by the matter under
the heading ``house beauty shop'' in the matter
relating to administrative provisions for the
House of Representatives in the Legislative
Branch Appropriations Act, 1970 (Public Law 91-
145; 83 Stat. 347).
(C) The special deposit account established
for the House of Representatives Restaurant by
section 208 of the First Supplemental Civil
Functions Appropriation Act, 1941 (2 U.S.C.
2041 note), or any successor fund or account
established for the receipt of revenues of the
House Restaurant System.
(e) Effective Date.--This section shall take effect October
1, 2004, and shall apply with respect to fiscal year 2005 and
each succeeding fiscal year.
Sec. 106. (a) If the Clerk of the House of Representatives
is required under any law, rule, or regulation to make
available for public inspection a report, statement, or other
document filed with the Office of the Clerk, the Clerk shall
preserve the report, statement, or document--
(1) for a period of 6 years from the date on which
the document is filed; or
(2) if the law, rule, or regulation so provides,
the period required under such law, rule, or
regulation.
(b) Subsection (a) shall apply with respect to reports,
statements, and documents filed before, on, or after the date
of the enactment of this Act.
Sec. 107. (a) Permitting Organizational Caucuses and
Conferences To Be Held at Any Time.--Section 202(a)(1) of House
Resolution 988, Ninety-third Congress, agreed to on October 8,
1974, and enacted into permanent law by chapter III of title I
of the Supplemental Appropriations Act, 1975 (2 U.S.C.
29a(a)(1)), is amended by striking ``conference, to begin on or
after'' all that follows through ``to be attended by all'' and
inserting ``conference of all''.
(b) Period of Availability of Per Diem.--
(1) Members.--Section 202(b)(1)(B) of House
Resolution 988, Ninety-third Congress, agreed to on
October 8, 1974, and enacted into permanent law by
chapter III of title I of the Supplemental
Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)), is
amended by striking ``for a period'' and all that
follows and inserting a period.
(2) Staff.--Section 1(b) of House Resolution 10,
Ninety-fourth Congress, agreed to on January 14, 1975,
and enacted into permanent law by section 201 of the
Legislative Branch Appropriations Act, 1976 (2 U.S.C.
43b-2(b)), is amended by striking ``for a period'' and
all that follows and inserting a period.
(c) Applicability of Provisions to Orientation Sessions for
New Members.--
(1) Members.--Section 202 of House Resolution 988,
Ninety-third Congress, agreed to on October 8, 1974,
and enacted into permanent law by chapter III of title
I of the Supplemental Appropriations Act, 1975 (2
U.S.C. 29a), is amended by adding at the end the
following new subsection:
``(d) With the approval of the majority leader (in the case
of a Member or Member-elect of the majority party) or the
minority leader (in the case of a Member or Member-elect of the
minority party), subsections (b) and (c) shall apply with
respect to the attendance of a Member or Member-elect at a
program conducted by the Committee on House Administration for
the orientation of new members in the same manner as such
provisions apply to the attendance of the Member or Member-
elect at the organizational caucus or conference.''.
(2) Staff.--Section 1 of House Resolution 10,
Ninety-fourth Congress, agreed to on January 14, 1975,
and enacted into permanent law by section 201 of the
Legislative Branch Appropriations Act, 1976 (2 U.S.C.
43b-2), is amended by adding at the end the following
new subsection:
``(c) With the approval of the majority leader (in the case
of a Member or Member-elect of the majority party) or the
minority leader (in the case of a Member or Member-elect of the
minority party), subsections (a) and (b) shall apply with
respect to the attendance of a Member or Member-elect at a
program conducted by the Committee on House Administration for
the orientation of new members in the same manner as such
provisions apply to the attendance of the Member or Member-
elect at the organizational caucus or conference.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to the One Hundred Tenth Congress and
each succeeding Congress.
Sec. 108. (a) Subject to the approval of the Committee on
House Administration, the Chief Administrative Officer of the
House of Representatives shall implement regulations under
which the Chief Administrative Officer shall be authorized to
handle any mail matter delivered by the United States Postal
Service or any other carrier to the House of Representatives,
or to any other entity with whom the Chief Administrative
Officer has entered into an agreement to receive mail matter
delivered to the entity, in such manner as the Chief
Administrative Officer deems necessary to ensure the safety of
any individuals who may come into contact with, or otherwise be
exposed to, such mail matter.
(b) No action taken under the regulations implemented
pursuant to this section may serve as a basis for civil or
criminal liability of any individual or entity.
(c) As used in this section, the term ``handle'' includes
but is not limited to collecting, isolating, testing, opening,
disposing, and destroying.
(d) This section shall apply with respect to fiscal year
2004 and each succeeding fiscal year.
Sec. 109. (a) There is established in the House of
Representatives an office to be known as the Republican Policy
Committee, which shall have such responsibilities as may be
assigned by the chair of the Republican Conference.
(b) There shall be a lump sum allowance for the salaries
and expenses of the Republican Policy Committee, which shall be
treated as a category of House leadership offices for purposes
of section 101(c) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 95b(c)).
(c) This section shall apply with respect to fiscal year
2005 and each succeeding fiscal year.
Sec. 110. The first sentence of section 5 of House
Resolution 1238, Ninety-first Congress, agreed to December 22,
1970 (as enacted into permanent law by chapter VIII of the
Supplemental Appropriations Act, 1971) (2 U.S.C. 31b-5), is
amended--
(1) by striking ``step 5 of level 11'' and inserting ``step
11 of level 13''; and
(2) by striking ``step 9 of level 8'' and inserting ``step
8 of level 12''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,139,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $8,433,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to
the Attending Physician; (2) an allowance of $725 per month
each to four medical officers while on duty in the Office of
the Attending Physician; (3) an allowance of $725 per month to
two assistants and $580 per month each not to exceed 11
assistants on the basis heretofore provided for such
assistants; and (4) $1,680,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,528,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $3,844,000, to be disbursed by the
Secretary of the Senate: Provided, That no part of such amount
may be used to employ more than 58 individuals: Provided
further, That the Capitol Guide Board is authorized, during
emergencies, to employ not more than two additional individuals
for not more than 120 days each, and not more than 10
additional individuals for not more than 6 months each, for the
Capitol Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of
Representatives, of the statements for the second session of
the 108th Congress, showing appropriations made, indefinite
appropriations, and contracts authorized, together with a
chronological history of the regular appropriations bills as
required by law, $30,000, to be paid to the persons designated
by the chairmen of such committees to supervise the work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, social security,
professional liability insurance, and other applicable employee
benefits, $203,440,000, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $28,888,000, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for the
Capitol Police at the Federal Law Enforcement Training Center
for fiscal year 2005 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland
Security.
Administrative Provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 1001. Transfer Authority. Amounts appropriated for
fiscal year 2005 for the Capitol Police may be transferred
between the headings ``salaries'' and ``general expenses'' upon
the approval of the Committees on Appropriations of the Senate
and the House of Representatives.
Sec. 1002. Limitation on Certain Hiring Authority of
Capitol Police. Section 1006(b) of the Legislative Branch
Appropriations Act, 2004 (Public Law 108-83; 117 Stat. 1023) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting at
the end ``The Chief of Police may hire
individuals under this subsection who are not
submitted for selection under this
subparagraph. All hirings under this
subparagraph shall comply with the limitations
under this paragraph for any fiscal year.'';
and
(B) in subparagraph (C), by striking ``(C)
Limitation.--'' and inserting ``(C) Limitation
for fiscal year 2004.--''; and
(C) by adding at the end the following:
``(D) Limitation for fiscal year 2005.--
During fiscal year 2005, the number of
individuals hired under this subsection may not
exceed--
``(i) the number of Library of
Congress Police employees who separated
from service or transferred to a
position other than a Library of
Congress Police employee position
during fiscal year 2004 for whom a
corresponding hire was not made under
this subsection; and
``(ii) the number of Library of
Congress Police employees who separate
from service or transfer to a position
other than a Library of Congress Police
employee position during fiscal year
2005.''; and
(2) in paragraph (4), by striking the first
sentence and inserting ``Notwithstanding subsection
(a)(1)(C), the Chief of the Capitol Police may detail
an individual hired under this subsection to the
Library of Congress Police on a nonreimbursable basis.
Any individual detailed under this subsection shall
receive necessary training, including training by the
Library of Congress Police.''.
Sec. 1003. Authorization of Weapons. Section 1824 of the
Revised Statutes (2 U.S.C. 1941) is amended--
(1) in the first sentence--
(A) by striking ``The Sergeant at Arms of
the Senate and the Sergeant at Arms of the
House of Representatives'' and inserting ``The
Capitol Police Board''; and
(B) by striking all beginning with
``payable out'' through the period and
inserting ``payable from appropriations to the
Capitol Police upon certification of payment by
the Chief of the Capitol Police.''; and
(2) in the second sentence--
(A) by inserting ``or other arms as
authorized by the Capitol Police Board'' after
``furnished''; and
(B) by striking ``the Sergeant at Arms of
the Senate and the Sergeant at Arms of the
House of Representatives'' and inserting ``the
Capitol Police Board''.
Sec. 1004. Sole and Exclusive Authority of Board and Chief
To Determine Rates of Pay. (a) In General.--The Capitol Police
Board and the Chief of the Capitol Police shall have the sole
and exclusive authority to determine the rates and amounts for
each of the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of
basic pay upon appointment), premium pay, specialty
assignment and proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments,
comparability adjustments, and locality adjustments.
(3) The amount for recruitment and relocation
bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) No Review or Appeal Permitted.--The determination of a
rate or amount described in subsection (a) may not be subject
to review or appeal in any manner.
(c) Rule of Construction.--Nothing in this section may be
construed to affect--
(1) any authority provided under law for a
committee of the House of Representatives or Senate, or
any other entity of the legislative branch, to review
or approve any determination of a rate or amount
described in subsection (a);
(2) any rate or amount described in subsection (a)
which is established under law; or
(3) the terms of any collective bargaining
agreement.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
Sec. 1005. Acceptance of Donations of Animals. (a) In
General.--The Capitol Police may accept the donation of animals
to be used in the canine units of the Capitol Police.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2005 and each fiscal year thereafter.
Sec. 1006. Settlement and Payment of Tort Claims. (a)
Federal Tort Claims Act.--
(1) In general.--Except as provided in paragraph
(2), the Chief of the Capitol Police, in accordance
with regulations prescribed by the Attorney General and
any regulations as the Capitol Police Board may
prescribe, may consider, ascertain, determine,
compromise, adjust, and settle, in accordance with the
provisions of chapter 171 of title 28, United States
Code, any claim for money damages against the United
States for injury or loss of property or personal
injury or death caused by the negligent or wrongful act
or omission of any employee of the Capitol Police while
acting within the scope of his office or employment,
under circumstances where the United States, if a
private person, would be liable to the claimant in
accordance with the law of the place where the act or
omission occurred.
(2) Special rule for claims made by members of
congress and congressional employees.--
(A) In general.--With respect to any claim
described in paragraph (1) which is made by a
Member of Congress or any officer or employee
of Congress, the Chief of the Capitol Police
shall--
(i) not later than 14 days after
the receipt of such a claim, notify the
Chairman of the applicable Committee of
the receipt of the claim; and
(ii) not later than 90 days after
the receipt of such a claim, submit a
proposal for the resolution of such
claim which shall be subject to the
approval of the Chairman of the
applicable Committee.
(B) Extension.--The 90-day period in
subparagraph (A)(ii) may be extended for an
additional period (not to exceed 90 days) for
good cause by the Chairman of the applicable
Committee, upon the request of the Chief of the
Capitol Police.
(C) Approval consistent with federal tort
claims act.--Nothing in this paragraph may be
construed to permit the Chairman of an
applicable Committee to approve a proposal for
the resolution of a claim described in
paragraph (1) which is not consistent with the
terms and conditions applicable under chapter
171 of title 28, United States Code, to the
resolution of claims for money damages against
the United States.
(D) Applicable committee defined.--In this
paragraph, the term ``applicable Committee''
means--
(i) the Committee on Rules and
Administration of the Senate, in the
case of a claim of a Senator or an
officer or employee whose pay is
disbursed by the Secretary of the
Senate; or
(ii) the Committee on House
Administration of the House of
Representatives, in the case of a
Member of the House of Representatives
(including a Delegate or Resident
Commissioner to the Congress) or an
officer or employee whose pay is
disbursed by the Chief Administrative
Officer of the House of
Representatives.
(3) Head of agency.--For purposes of section 2672
of title 28, United States Code, the Chief of the
Capitol Police shall be the head of a Federal agency
with respect to the Capitol Police.
(4) Regulations.--The Capitol Police Board may
prescribe regulations to carry out this subsection.
(b) Claims of Employees of Capitol Police.--
(1) In general.--The Capitol Police Board may
prescribe regulations to apply the provisions of
section 3721 of title 31, United States Code, for the
settlement and payment of a claim against the Capitol
Police by an employee of the Capitol Police for damage
to, or loss of personal property incident to service.
(2) Limitation.--No settlement and payment of a
claim under regulations prescribed under this
subsection may exceed the limits applicable to the
settlement and payment of claims under section 3721 of
title 31, United States Code.
(c) Rule of Construction.--Nothing in this section may be
construed to affect--
(1) any payment under section 1304 of title 31,
United States Code, of a final judgment, award,
compromise settlement, and interest and costs specified
in the judgment based on a claim against the Capitol
Police; or
(2) any authority for any--
(A) settlement under section 414 of the
Congressional Accountability Act of 1995 (2
U.S.C. 1414), or
(B) payment under section 415 of that Act
(2 U.S.C. 1415).
(d) Effective Date.--This section shall apply to fiscal
year 2005 and each fiscal year thereafter.
Sec. 1007. Deployment Outside of Jurisdiction. (a)
Requirements for Prior Notice and Approval.--The Chief of the
Capitol Police may not deploy any officer outside of the areas
established by law for the jurisdiction of the Capitol Police
unless--
(1) the Chief provides prior notification to the
Committees on Appropriations of the House of
Representatives and Senate of the costs anticipated to
be incurred with respect to the deployment; and
(2) the Capitol Police Board gives prior approval
to the deployment.
(b) Exception for Certain Services.--Subsection (a) does
not apply with respect to the deployment of any officer for any
of the following purposes:
(1) Responding to an imminent threat or emergency.
(2) Intelligence gathering.
(3) Providing protective services.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
Sec. 1008. General Counsel. The Capitol Police General
Counsel, in the capacity as in-house counsel and in conjunction
with the Capitol Police Employment Counsel for employment and
labor law matters, shall be responsible for implementing and
maintaining an effective legal compliance system with all
applicable laws, under the oversight of the Capitol Police
Board.
Sec. 1009. Release of Security Information. (a)
Definition.--In this section, the term ``security information''
means information that--
(1) is sensitive with respect to the policing,
protection, physical security, intelligence,
counterterrorism actions, or emergency preparedness and
response relating to Congress, any statutory protectee
of the Capitol Police, and the Capitol buildings and
grounds; and
(2) is obtained by, on behalf of, or concerning the
Capitol Police Board, the Capitol Police, or any
incident command relating to emergency response.
(b) Authority of Board To Determine Conditions of
Release.--Notwithstanding any other provision of law, any
security information in the possession of the Capitol Police
may be released by the Capitol Police to another entity,
including an individual, only if the Capitol Police Board
determines in consultation with other appropriate law
enforcement officials, experts in security preparedness, and
appropriate committees of Congress, that the release of the
security information will not compromise the security and
safety of the Capitol buildings and grounds or any individual
whose protection and safety is under the jurisdiction of the
Capitol Police.
(c) Rule of Construction.--Nothing in this section may be
construed to affect the ability of the Senate and the House of
Representatives (including any Member, officer, or committee of
either House of Congress) to obtain information from the
Capitol Police regarding the operations and activities of the
Capitol Police that affect the Senate and House of
Representatives.
(d) Regulations.--The Capitol Police Board may promulgate
regulations to carry out this section, with the approval of the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of
Representatives.
(e) Effective Date.--This section shall take effect on the
date of enactment of this Act and apply with respect to--
(1) any remaining portion of fiscal year 2004, if
this Act is enacted before October 1, 2004; and
(2) fiscal year 2005 and each fiscal year
thereafter.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $2,421,000, of which $305,000
shall remain available until September 30, 2006: Provided, That
the Executive Director of the Office of Compliance may, within
the limits of available appropriations, dispose of surplus or
obsolete personal property by interagency transfer, donation,
or discarding.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $34,919,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for surveys
and studies in connection with activities under the care of the
Architect of the Capitol; for all necessary expenses for the
general and administrative support of the operations under the
Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$80,347,000, of which $2,220,000 shall remain available until
September 30, 2009.
Capitol Building
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care, and
operation of the Capitol, $28,857,000, of which not more than
$10,600,000, may be transferred for the use of the Capitol
Visitor Center project: Provided, That the amount so
transferred shall be deposited into the account established for
the Capitol Visitor Center project and shall be subject to the
same terms and conditions applicable to the amounts
appropriated for such project under the heading ``Capitol
Visitor Center'' in the Legislative Branch Appropriations Act,
2004: Provided further, That the amount so transferred,
together with $3,900,000 of the other amounts appropriated
under this heading, shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $6,974,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $62,083,000, of which $9,070,000
shall remain available until September 30, 2009.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $65,353,000, of which
$27,103,000 shall remain available until September 30, 2009.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $56,834,000,
of which $1,000,000 shall remain available until September 30,
2009: Provided, That not more than $4,400,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2005.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $40,097,000, of which $21,506,000 shall
remain available until September 30, 2009.
Capitol Police Buildings and Grounds
For all necessary expenses for the maintenance, care, and
operation of buildings and grounds of the United States Capitol
Police, $5,853,000, of which $500,000 shall remain available
until September 30, 2009.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $6,326,000: Provided, That this appropriation shall
not be available for construction of the National Garden.
Administrative Provisions
Sec. 1101. Management and Operation of the Capitol Power
Plant. (a) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Appropriations of the Senate
and the House of Representatives;
(2) the Committee on Rules and Administration of
the Senate; and
(3) the House Office Building Commission.
(b) Study of Contract With a Private Entity.--Not later
than 180 days after the date of enactment of this Act, the
Comptroller General shall conduct a study and submit to the
appropriate congressional committees and the Architect of the
Capitol a report that--
(1) analyzes the costs, cost effectiveness,
benefits, and feasibility of the Architect of the
Capitol entering into a contract with a private entity
for the management and operation of the Capitol Power
Plant; and
(2) makes a recommendation on whether the Architect
of the Capitol should enter into such a contract.
(c) Implementation Plan.--If the Comptroller General makes
a recommendation under subsection (b)(2) in favor of entering
into a contract, the Architect of the Capitol shall submit an
implementation plan for that contract to the appropriate
congressional committees not later than the later of--
(1) 270 days after the date of enactment of this
Act; or
(2) the date of the completion of the West
Refrigeration Plant.
(d) Contract.--Subject to the approval of the appropriate
congressional committees, the Architect of the Capitol shall
enter into a contract with a private entity for the management
and operation of the Capitol Power Plant.
(e) Effective Date.--This section shall apply to fiscal
year 2005 and each fiscal year thereafter.
Sec. 1102. (a) The Comptroller General shall conduct an
analysis of the operations of the Office of the Architect of
the Capitol, and shall include in the analysis recommendations
regarding the extent to which the functions and duties of the
Architect of the Capitol may be carried out more effectively
through contracts with private entities, through reassignment
to other entities of the legislative branch, and through such
other methods as the Comptroller General considers appropriate.
(b) Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report on
the analysis conducted under subsection (a) to the Committees
on Appropriations of the House of Representatives and Senate.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the
Board, $384,671,000, of which not more than $6,000,000 shall be
derived from collections credited to this appropriation during
fiscal year 2005, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2005 and shall remain available
until expended for the development and maintenance of an
international legal information database and activities related
thereto: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than the
$6,350,000: Provided further, That of the total amount
appropriated, $12,481,000 shall remain available until expended
for the partial acquisition of books, periodicals, newspapers,
and all other materials including subscriptions for
bibliographic services for the Library, including $40,000 to be
available solely for the purchase, when specifically approved
by the Librarian, of special and unique materials for additions
to the collections: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount
appropriated, $2,250,000 shall remain available until expended
for the purpose of teaching educators and librarians how to
incorporate the Library's digital collections into school
curricula and shall be transferred to the educational
consortium formed to conduct the ``Adventure of the American
Mind'' project as approved by the Library: Provided further,
That of the total amount appropriated, $500,000 shall remain
available until expended, and shall be transferred to the
Abraham Lincoln Bicentennial Commission for carrying out the
purposes of Public Law 106-173, of which $10,000 may be used
for official representation and reception expenses of the
Abraham Lincoln Bicentennial Commission: Provided further, That
of the total amount appropriated, $15,620,000 shall remain
available until expended for partial support of the National
Audio-Visual Conservation Center: Provided further, That of the
total amount appropriated, $2,795,000 shall remain available
until expended for the development and maintenance of the
Alternate Computer Facility: Provided further, That of the
total amount appropriated, $500,000 shall be used to provide a
grant to the Middle Eastern Text Initiative for translation and
publishing of middle eastern text: Provided further, That, of
the total amount appropriated, $100,000 shall be provided to
the Association for Diplomatic Studies and Training to provide
for the oral history of United States foreign affairs
personnel: Provided further, That of the total amount
appropriated, $300,000 shall be made available to initiate with
the University of South Carolina a Cooperative Preservation and
Conservation project for Movietone Newsreel collections.
Copyright Office
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office,
$53,611,000, of which not more than $26,981,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2005 under
section 708(d) of title 17, United States Code: Provided, That
the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,496,000 shall be derived from collections during fiscal year
2005 under sections 111(d)(2), 119(b)(2), 802(h), 1005, and
1316 of such title: Provided further, That the total amount
available for obligation shall be reduced by the amount by
which collections are less than $33,477,000: Provided further,
That not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress
for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further,
That not more than $4,250 may be expended, on the certification
of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright
delegations, visitors, and seminars.
Congressional Research Service
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $96,893,000: Provided, That no
part of such amount may be used to pay any salary or expense in
connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act
of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$54,412,000, of which $16,235,000 shall remain available until
expended: Provided, That, of the total amount appropriated,
$200,000 shall remain available until expended to reimburse the
National Federation of the Blind for costs incurred in the
operation of its ``NEWSLINE'' program.
Administrative Provisions
Sec. 1201. Incentive Awards Program. Of the amounts
appropriated to the Library of Congress in this Act, not more
than $5,000 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses for the incentive awards
program.
Sec. 1202. Reimbursable and Revolving Fund Activities. (a)
In General.--For fiscal year 2005, the obligational authority
of the Library of Congress for the activities described in
subsection (b) may not exceed $106,985,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2005, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``LIBRARY OF
CONGRESS'' under the subheading ``Salaries and Expenses'' to
the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount of
such transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.
Sec. 1203. National Digital Information Infrastructure and
Preservation Program. The Miscellaneous Appropriations Act,
2001 (enacted into law by section 1(a)(4) of Public Law 106-
554, 114 Stat. 2763A-194) is amended in the first proviso under
the subheading ``Salaries and Expenses'' under the heading
``LIBRARY OF CONGRESS'' in chapter 9 of division A--
(1) by inserting ``and pledges'' after ``other than
money''; and
(2) by striking ``March 31, 2005'' and inserting
``March 31, 2010''.
Sec. 1204. United States Diplomatic Facilities. Funds made
available for the Library of Congress under this Act are
available for transfer to the Department of State as remittance
for a fee charged by the Department for fiscal year 2005 for
the maintenance, upgrade, or construction of United States
diplomatic facilities only to the extent that the amount of the
fee so charged is equal to or less than the unreimbursed value
of the services provided during fiscal year 2005 to the Library
of Congress on State Department diplomatic facilities.
Sec. 1205. National Film Preservation Board and National
Film Preservation Foundation. (a) Effective Dates.--
Notwithstanding the effective date under section 113 of the
National Film Preservation Act of 1996 (2 U.S.C. 179w), title I
of that Act shall be considered to be effective through fiscal
year 2005.
(b) Authorization of Appropriations.--Section 151711(a) of
title 36, United States Code, is amended by striking ``2003''
and inserting ``2005''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol; expenses
necessary for preparing the semimonthly and session index to
the Congressional Record, as authorized by law (section 902 of
title 44, United States Code); printing and binding of
Government publications authorized by law to be distributed to
Members of Congress; and printing, binding, and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $88,800,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code:
Provided further, That this appropriation shall be available
for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the
purposes ofthis heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and
Senate.
Office of Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $31,953,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for fiscal years 2003 and 2004 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund
for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office may make such expenditures,
within the limits of funds available and in accord with the
law, and to make such contracts and commitments without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current
fiscal year for the Government Printing Office revolving fund:
Provided, That not more than $5,000 may be expended on the
certification of the Public Printer in connection with official
representation and reception expenses: Provided further, That
the revolving fund shall be available for the hire or purchase
of not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Public Printer shall be deemed
necessary to carry out the provisions of title 44, United
States Code: Provided further, That the revolving fund shall be
available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level V of the Executive Schedule under
section 5316 of such title: Provided further, That the
revolving fund and the funds provided under the headings
``Office of Superintendent of Documents'' and ``salaries and
expenses'' together may not be available for the full-time
equivalent employment of more than 2,621 workyears (or such
other number of workyears as the Public Printer may request,
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate): Provided further,
That activities financed through the revolving fund may provide
information in any format: Provided further, That not more than
$10,000 may be expended from the revolving fund in support of
the activities of the Benjamin Franklin Tercentenary Commission
established by Public Law 107-202.
Administrative Provision
Sec. 1301. Discounts for Sales Copies. Section 1708 of
title 44, United States Code, is amended by striking ``of not
to exceed 25 percent may be allowed to book dealers and
quantity purchasers'', and inserting in lieu thereof the
following: ``may be allowed as determined by the Superintendent
of Documents''.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under section 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $470,973,000: Provided, That not more than
$4,919,000 of payments received under section 782 of title 31,
United States Code, shall be available for use in fiscal year
2005: Provided further, That not more than $2,500,000 of
reimbursements received under section 9105 of title 31, United
States Code, shall be available for use in fiscal year 2005:
Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available
to finance an appropriate share of either Forum's costs as
determined by the respective Forum, including necessary travel
expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved
are initially financed: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
American Consortium on International Public Administration
(ACIPA) shall be available to finance an appropriate share of
ACIPA costs as determined by the ACIPA, including any expenses
attributable to membership of ACIPA in the International
Institute of Administrative Sciences.
Administrative Provisions
Sec. 1401. Reports to the Comptroller General. (a)
Limitations on Expenditures, Obligations, and Voluntary
Services.--Section 1351 of title 31, United States Code, is
amended by inserting ``A copy of each report shall also be
transmitted to the Comptroller General on the same date the
report is transmitted to the President and Congress.'' after
the first sentence.
(b) Prohibited Obligations and Expenditures.--Section
1517(b) of title 31, United States Code, is amended by
inserting ``A copy of each report shall also be transmitted to
the Comptroller General on the same date the report is
transmitted to the President and Congress.'' after the first
sentence.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center, $13,500,000.
Administrative Provisions
Sec. 1501. Expansion of Open World Leadership Countries.--
Section 313(j) of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151(j)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) any other country that is designated by the
Board, except that the Board shall notify the
Committees on Appropriations of the Senate and the
House of Representatives of the designation at least 90
days before the designation is to take effect.''.
Sec. 1502. Board Membership. Section 313(a)(2) of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C.
1151(a)(2)), as enacted by reference in section 1(a)(2) of the
Consolidated Appropriations Act, 2001, is amended--
(1) in the matter preceding subparagraph (A), by
striking ``nine members'' and inserting ``11 members'';
and
(2) by inserting after subparagraph (D) the
following new subparagraph:
``(E) The chair of the Subcommittee on
Legislative Branch of the Committee on
Appropriations of the House of Representatives
and the chair of the Subcommittee on
Legislative Branch of the Committee on
Appropriations of the Senate.''.
TITLE II--GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part
of the funds appropriated in this Act shall be used for the
maintenance or care of private vehicles, except for emergency
assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives
issued by the Committee on House Administration and for the
Senate issued by the Committee on Rules and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds
appropriated in this Act shall remain available for obligation
beyond fiscal year 2005 unless expressly so provided in this
Act.
Sec. 203. Rates of Compensation and Designation. Whenever
in this Act any office or position not specifically established
by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is
appropriated for or the rate of compensation or designation of
any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers,
and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
Sec. 204. Consulting Services. The expenditure of any
appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive order issued under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be
necessary are appropriated to the account described in
subsection (a) of section 415 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards and
settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for
administrative expenses of any legislative branch entity which
participates in the Legislative Branch Financial Managers
Council (LBFMC) established by charter on March 26, 1996, shall
be available to finance an appropriate share of LBFMC costs as
determined by the LBFMC, except that the total LBFMC costs to
be shared among all participating legislative branch entities
(in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the
Capitol, in consultation with the District of Columbia, is
authorized to maintain and improve the landscape features,
excluding streets and sidewalks, in the irregular shaped grassy
areas bounded by Washington Avenue, SW on the northeast, Second
Street SW on the west, Square 582 on the south, and the
beginning of the I-395 tunnel on the southeast.
Sec. 208. Limitation on Transfers. None of the funds made
available in this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 209. eTravel Service. Notwithstanding any other
provision of law, no entity within the legislative branch shall
be required to use the eTravel Service established by the
Administrator of General Services for official travel by
officers or employees of the entity during fiscal year 2005 or
any succeeding fiscal year.
Sec. 210. Voluntary Separation Incentive Payments. (a)
Authority to Offer Payments.--Notwithstanding any other
provision of law, the head of any office in the legislative
branch may establish a program under which voluntary separation
incentive payments may be offered to eligible employees of the
office to encourage such employees to separate from service
voluntarily (whether by retirement or resignation), in
accordance with this section.
(b) Amount and Administration of Payments.--A voluntary
separation incentive payment made under this section--
(1) shall be paid in a lump sum after the
employee's separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, United States Code,
if the employee were entitled to payment under
such section (without adjustment for any
previous payment made); or
(B) an amount determined by the head of the
office involved, not to exceed $25,000;
(3) may be made only in the case of an employee who
voluntarily separates (whether by retirement or
resignation) under this section;
(4) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit;
(5) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation; and
(6) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employee.
(c) Plan.--
(1) Plan required for making payments.--No
voluntary separation incentive payment may be paid
under this section with respect to an office unless the
head of the office submits a plan described in
paragraph (2) to each applicable committee described in
paragraph (3), and each applicable committee approves
the plan.
(2) Contents of plan.--A plan described in this
paragraph with respect to an office is a plan
containing the following information:
(A) The specific positions and functions to
be reduced or eliminated.
(B) A description of which categories of
employees will be offered incentives.
(C) The time period during which incentives
may be paid.
(D) The number and amounts of voluntary
separation incentive payments to be offered.
(E) A description of how the office will
operate without the eliminated positions and
functions.
(3) Applicable committee.--For purposes of this
subsection, the ``applicable committee'' with respect
to an office means any committee of the House of
Representatives or Senate with jurisdiction over the
activities of the office under the applicable rules of
the House of Representatives and the Senate (as
determined by the head of the office), but does not
include the Committees on Appropriations of the House
of Representatives and the Senate.
(d) Exclusion of Certain Offices.--This section shall not
apply to any office which is an Executive agency under section
105 of title 5, United States Code, or any employee of such an
office.
(e) Eligible Employee Defined.--
(1) In general.--In this section, an ``eligible
employee'' is an employee (as defined in section 2105,
United States Code) or a Congressional employee (as
defined in section 2107, United States Code) who--
(A) is serving under an appointment without
time limitation; and
(B) has been currently employed for a
continuous period of at least 3 years.
(2) Exclusions.--An ``eligible employee'' does not
include any of the following:
(A) A reemployed annuitant under subchapter
III of chapter 83 or 84 of title 5, United
States Code, or another retirement system for
employees of the Government.
(B) An employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under
subchapter III of chapter 83 or 84 of title 5,
United States Code, or another retirement
system for employees of the Government.
(C) An employee who is in receipt of a
decision notice of involuntary separation for
misconduct or unacceptable performance.
(D) An employee who has previously received
any voluntary separation incentive payment from
the Federal Government under this section or
any other authority.
(E) An employee covered by statutory
reemployment rights who is on transfer
employment with another organization.
(F) Any employee who--
(i) during the 36-month period
preceding the date of separation of
that employee, performed service for
which a student loan repayment benefit
was or is to be paid under section 5379
of title 5, United States Code, or any
other authority;
(ii) during the 24-month period
preceding the date of separation of
that employee, performed service for
which a recruitment or relocation bonus
was or is to be paid under section 5753
of such title or any other authority;
or
(iii) during the 12-month period
preceding the date of separation of
that employee, performed service for
which a retention bonus was or is to be
paid under section 5754 of such title
or any other authority.
(f) Repayment for Individuals Returning to Government
Employment.--
(1) In general.--Subject to paragraph (2), an
employee who has received a voluntary separation
incentive payment under this section and accepts
employment with the Government of the United States
within 5 years after the date of the separation on
which the payment is based shall be required to repay
the entire amount of the incentive payment to the
office that paid the incentive payment.
(2) Waiver for individuals possessing unique
abilities.--
(A) If the employment is with an Executive
agency (as defined by section 105 of title 5,
United States Code), the Director of the Office
of Personnel Management may, at the request of
the head of the agency, waive the repayment
required under this subsection if the
individual involved possesses unique abilities
and is the only qualified applicant available
for the position.
(B) If the employment is with an entity in
the legislative branch, the head of the entity
or the appointing official may waive the
repayment required under this subsection if the
individual involved possesses unique abilities
and is the only qualified applicant available
for the position.
(C) If the employment is with the judicial
branch, the Director of the Administrative
Office of the United States Courts may waive
the repayment required under this subsection if
the individual involved possesses unique
abilities and is the only qualified applicant
available for the position.
(3) Treatment of personal services contracts.--For
purposes of paragraph (1) (but not paragraph (2)), the
term ``employment'' includes employment under a
personal services contract with the United States.
(g) Effective Date.--This section shall take effect on the
date of the enactment of this Act, and shall apply with respect
to the portion of fiscal year 2005 occurring on and after such
date and to each succeeding fiscal year.
Sec. 211. Capitol Grounds Enclosure. None of the funds
contained in this Act may be used to study, design, plan, or
otherwise further the construction or consideration of a fence
to enclose the perimeter of the grounds of the United States
Capitol.
Sec. 212. Congressional Recognition for Excellence in Arts
Education. Section 210 of the Legislative Branch Appropriations
Act, 2003 is amended--
(1) by striking the first proviso; and
(2) by striking ``Provide further,'' and inserting
``Provided,''.
Sec. 213. Transfer of Jurisdiction Over Real Property Near
Japanese American Patriotism Memorial. (a) Transfer of
Jurisdiction.--
(1) In general.--Jurisdiction over the parcels of
Federal real property described under paragraph (2)
(over which jurisdiction was transferred under section
514(b)(2)(C) of the Omnibus Parks and Public Lands
Management Act of 1996 (40 U.S.C. 5102 note; Public Law
104-333)) is transferred to the Architect of the
Capitol, without consideration.
(2) Parcels.--The parcels of Federal real property
referred to under paragraph (1) are the following:
(A) That portion of New Jersey Avenue,
N.W., between the northernmost point of the
intersection of New Jersey Avenue, N.W., and D
Street, N.W., and the northernmost point of the
intersection of New Jersey Avenue, N.W., and
Louisiana Avenue, N.W., between squares 631 and
W632, which remains Federal property, and whose
maintenance and repair shall be the
responsibility of the District of Columbia.
(B) That portion of D Street, N.W., between
its intersection with New Jersey Avenue, N.W.,
and its intersection with Louisiana Avenue,
N.W., between squares 630 and W632, which
remains Federal property.
(b) Miscellaneous.--
(1) Compliance with other laws.--Compliance with
this section shall be deemed to satisfy the
requirements of all laws otherwise applicable to
transfers of jurisdiction over parcels of Federal real
property.
(2) United states capitol grounds.--
(A) Definition.--Section 5102 of title 40,
United States Code, is amended to include
within the definition of the United States
Capitol Grounds the parcels of Federal real
property described in subsection (a)(2).
(B) Jurisdiction of capitol police.--The
United States Capitol Police shall have
jurisdiction over the parcels of Federal real
property described in subsection (a)(2) in
accordance with section 9 of the Act entitled
``An Act to define the United States Capitol
Grounds, to regulate the use thereof, and for
other purposes'', approved July 31, 1946 (2
U.S.C. 1961).
(3) Effect of transfer.--A person relinquishing
jurisdiction over any parcel of Federal real property
transferred by subsection (a) shall not retain any
interest in the parcel except as specifically provided
in this section.
(c) Effective Date.--This Act shall apply to fiscal year
2005 and each fiscal year thereafter.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2005''.
Sec. 214. Commission on the Abraham Lincoln Study Abroad
Fellowship Program. Extension of Report and Termination
Dates.--Section 104 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 435) is
amended--
(1) in subsection (f), by striking ``December 1,
2004'' and inserting ``December 1, 2005''; and
(2) in subsection (g), by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
Sec. 215. (a) The Chief Administrative Officer of the
House of Representatives and the Sergeant at Arms and
Doorkeeper of the Senate may enter into a memorandum of
understanding under which the Sergeant at Arms and Doorkeeper
shall provide all services of the United States Capitol
telephone exchange for the House of Representatives, in
accordance with such terms and conditions as may be provided in
the memorandum of understanding.
(b) For any period during which a memorandum of
understanding is in effect pursuant to this section--
(1) all positions in the United States Capitol
telephone exchange for which the employing authority is
the Chief Administrative Officer shall be transferred
to the Sergeant at Arms and Doorkeeper;
(2) all employees in the United States Capitol
telephone exchange for whom the employing authority is
the Chief Administrative Officer shall be transferred
to an appointed by the Sergeant at Arms and Doorkeeper;
and
(3) the Sergeant at Arms and Doorkeeper shall serve
as the employing authority for all personnel of United
States Capitol telephone exchange.
(c) In carrying out a memorandum of understanding
pursuant to this section, the Sergeant at Arms and Doorkeeper
shall ensure that, with respect to any employee of the United
States Capitol telephone exchange whose employing authority
prior to the effective date of the memorandum was the Chief
Administrative Officer--
(1) the rate of pay and leave accrual for the
employee shall not be less than the employee's rate of
pay and leave accrual for the most recent pay period
prior to such date, unless--
(A) the employee does not remain in the
same position with the exchange; or
(B) the rate of pay or leave accrual is
reduced for cause; and
(2) any leave accrued by the employee that remains
unused as of such date shall be transferred to the
employee and made available for the employee to use
under the same terms and conditions that applied to the
use of the leave prior to such date.
(d) The last sentence of section 4(b) of the House
Employees Position Classification Act (2 U.S.C. 293(b)) is
amended by striking ``succeeding year,'' and inserting the
following: ``succeeding year (other than any period during
which a memorandum of understanding described in section 215(a)
of the Legislative Branch Appropriation Act, 2005 is in
effect),''.
(e)(1) A memorandum of understanding under this section
may include a provision requiring the reimbursement by the
House of Representatives during s fiscal year (paid out of the
applicable accounts of the House) of the expenses incurred by
the Sergeant at Arms and Door-keeper during the fiscal year in
carrying out the memorandum with respect to the employees of
the United States Capitol telephone exchange whose employing
authority prior to the effective date of the memorandum was the
Chief Administrative Officer.
(2) Any reimbursement made pursuant to this subsection--
(A) in the case of a reimbursement for salaries or
agency contributions and related expenses, shall be
deposited in the account under the heading ``office of
the sergeant at arms and doorkeeper'' or ``agency
contributions and related expenses'', under the heading
``Salaries, Officers and Employees''; and
(B) in the case of a reimbursement for expenses,
shall be deposited in the account under the heading
``sergeant at arms and doorkeeper of the senate'' under
the heading ``Contingent Expenses of the Senate.''
(3) Any funds deposited under paragraph (2) shall be
available in like manner and for the same purposes as are other
funds in the account to which the funds were deposited.
(f) This section and the amendment made by the this
section shall apply with respect to fiscal year 2005 and each
succeeding fiscal year.
DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$87,234,000, of which not to exceed $2,220,000 shall be
available for the immediate Office of the Secretary; not to
exceed $705,000 shall be available for the immediate Office of
the Deputy Secretary; not to exceed $15,395,000 shall be
available for the Office of the General Counsel; not to exceed
$12,627,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$8,573,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,316,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $23,436,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,929,000 shall be available for
the Office of Public Affairs; not to exceed $1,456,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $704,000 shall be available for the Board of Contract
Appeals; not to exceed $1,278,000 shall be available for the
Office of Small and Disadvantaged Business Utilization; not to
exceed $2,053,000 for the Office of Intelligence and Security;
not to exceed $3,150,000 shall be available for the Office of
Emergency Transportation; and not to exceed $11,392,000 shall
be available for the Office of the Chief Information Officer:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That any change in funding greater
than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not
to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding
any other provision of law, excluding fees authorized in Public
Law 107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$8,700,000.
COMPENSATION FOR AIR CARRIERS
(RESCISSION)
Of the funds made available under section 101(a)(2) of
Public Law 107-42, $235,000,000 are rescinded.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $20,000,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $151,054,000, shall
be paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities:
Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal
administrator: Provided further, That no assessments may be
levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to carry
out the guaranteed loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until
September 30, 2006: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
NEW HEADQUARTERS BUILDING
For necessary expenses of the Department of
Transportation's new headquarters building and related
services, $68,000,000, to remain available until expended.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $52,000,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended.
Federal Aviation Administration
OPERATIONS
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by
Public Law 108-176, $7,775,000,000, of which $4,918,073,000
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $6,234,417,600 shall be available for air
traffic services activities; not to exceed $916,894,000 shall
be available for aviation regulation and certification
activities; not to exceed $224,039,000 shall be available for
research and acquisition activities; not to exceed $11,674,000
shall be available for commercial space transportation
activities; not to exceed $52,124,000 shall be available for
financial services activities; not to exceed $69,821,600 shall
be available for human resources program activities; not to
exceed $149,569,800 shall be available for region and center
operations and regional coordination activities; not to exceed
$139,302,000 shall be available for staff offices; and not to
exceed $36,254,000 shall be available for information services:
Provided, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be
credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under
this heading, not less than $7,000,000 shall be for the
contract tower cost-sharing program: Provided further, That
funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium
pay: Provided further, That none of the funds in this Act may
be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided
further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted
by, or coordinated through, the Working Capital Fund: Provided
further, That of the funds provided under this heading,
$4,000,000 is available only for recruitment, personnel
compensation and benefits, and related costs to raise the level
of operational air traffic control supervisors to the level of
1,846: Provided further, That none of the funds in this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air navigation
and experimental facilities and equipment, as authorized under
part A of subtitle VII of title 49, United States Code,
including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease
or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this
heading; to be derived from the Airport and Airway Trust Fund,
$2,540,000,000, of which $2,119,000,000 shall remain available
until September 30, 2007, and of which $421,000,000 shall
remain available until September 30, 2005: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal year
2006 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2006 through
2010, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $130,927,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2007: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $2,800,000,000 to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the funds under this
heading shall be available for the planning or execution of
programs the obligations for which are in excess of
$3,500,000,000 in fiscal year 2005, notwithstanding section
47117(g) of title 49, United States Code: Provided further,
That none of the funds under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any
other provision of law, not more than $68,802,000 of funds
limited under this heading shall be obligated for
administration and not less than $20,000,000 shall be for the
Small Community Air Service Development Program.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the amount authorized for the fiscal year ending
September 30, 2004, under sections 48103 and 48112 of title 49,
United States Code, $265,000,000 are rescinded.
general provisions--federal aviation administration
Sec. 101. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual
range equipment) which conform to FAA design and performance
specifications, the purchase of which was assisted by a Federal
airport-aid program, airport development aid program or airport
improvement program grant: Provided, That, the Federal Aviation
Administration shall accept such equipment, which shall
thereafter be operated and maintained by FAA in accordance with
agency criteria.
Sec. 102. None of the funds in this Act may be used to
compensate in excess of 375 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2005.
Sec. 103. None of the funds made available in this Act
may be used for engineering work related to an additional
runway at Louis Armstrong New Orleans International Airport.
Sec. 104. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities.
Sec. 105. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
Sec. 106. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2004,'' each place it
appears and inserting ``2005,''.
(b) Section 44303(b) of such title is amended by striking
``2004,'' and inserting ``2005,''.
Sec. 107. Notwithstanding any provision of law, the
Secretary of Transportation is authorized and directed to make
project grants under chapter 471 of title 49, United States
Code from funds available under 49 U.S.C. 48103, for the cost
of acquisition of land, or reimbursement of the cost of land if
purchased prior to enactment of this provision and prior to a
grant agreement, for non-exclusive use aeronautical purposes on
an airport layout plan that has been approved by the Secretary
on January 23, 2004, pursuant to section 49 U.S.C.
47107(a)(16), for any small hub airport as defined in 49 U.S.C.
47102, and had scheduled or chartered direct international
flights totaling at least 200 million pounds gross aircraft
landed weight for calendar year 2002.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $346,500,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $34,700,000,000 for Federal-aid highways
and highway safety construction programs for fiscal year 2005:
Provided, That within the $34,700,000,000 obligation limitation
on Federal-aid highways and highway safety construction
programs, not more than $462,500,000 shall be available for the
implementation or execution of programs for transportation
research (sections 502, 503, 504, 506, 507, and 508 of title
23, United States Code, as amended; section 5505 of title 49,
United States Code, as amended; and sections 5112 and 5204-5209
of Public Law 105-178) for fiscal year 2005: Provided further,
That this limitation on transportation research programs shall
not apply to any authority previously made available for
obligation: Provided further, That within the $232,000,000
obligation limitation on Intelligent Transportation Systems,
the following sums shall be made available for Intelligent
Transportation System projects that are designed to achieve the
goals and purposes set forth in section 5203 of the Intelligent
Transportation Systems Act of 1998 (subtitle C of title V of
Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
following specified areas:
Project Name Amount
Alameda Corridor--East Project, San Gabriel Valley,
California.......................................... $2,000,000
Alexandria Fiber Optic Cable for Traffic Signal
Coordination, Virginia.............................. 2,000,000
Alliance for Transportation Research, Transportation
Technology Center, New Mexico....................... 750,000
Appalachian Transportation Institute and U3C, West
Virginia............................................ 1,000,000
Atlanta Construction and Traffic Management Project,
Georgia............................................. 2,000,000
Baltimore City Intelligent Transportation System,
Maryland............................................ 1,000,000
Bay County Regional ITS, Florida........................ 2,000,000
Calmar Research Vehicle Communication Systems, New York. 1,150,000
Center for Injury Sciences, Alabama..................... 2,000,000
Central Florida Regional Transportation Authority
(LYNX): North Orange/South Seminole ITS Enhanced
Circulator.......................................... 500,000
Cicero Avenue Smart Corridor, Illinois.................. 1,000,000
City of Boston Directional Signage Program,
Massachusetts....................................... 1,000,000
City of Elk Grove ITS Project, California............... 1,500,000
City of Fort Worth Intelligent Transportation Systems,
Texas............................................... 1,800,000
City of San Antonio Municipal ITS Technologies, Texas... 1,300,000
Clark County ITS, Washington............................ 2,000,000
Commercial Vehicle Information Systems Network, Illinois 500,000
COTA ITS Integration Project Phases II and III, Ohio.... 800,000
DeKalb Co. Signal System Improvements, Georgia.......... 500,000
Downtown Signalization Project, Mechanicsburg,
Pennsylvania........................................ 750,000
FAST-TRAC Signal Expansion, Michigan.................... 1,000,000
Florida State University System Center for Intermodal
Transportation Safety............................... 3,000,000
Freeway Incident Management Program, Houston, Texas..... 3,250,000
Ft. Lauderdale Intelligent Trans System Improvement,
Florida............................................. 1,000,000
GEARS Demonstration Project, Cumberland County,
Pennsylvania........................................ 150,000
Germantown ITS, Tennessee............................... 500,000
GMU ITS Appropriations, Virginia........................ 2,000,000
Highway Speed E-ZPass, Outerbridge Crossing, New York... 350,000
Hillsborough Area Regional Transit Authority: Bus
Tracking, Communication and Security, Florida....... 750,000
I-70 Incident Management Plan, Colorado................. 1,250,000
I-91 Fiber and ITS Construction, Massachusetts.......... 2,500,000
Intelligent Transportation at George Washington
University, Virginia................................ 1,000,000
Intelligent Transportation System feasibility study and
implementation plan, Edmond, OK..................... 100,000
Intelligent Transportation System, Jackson, Tennessee... 385,000
Intelligent Transportation System, Wichita, Kansas...... 1,250,000
Intelligent Transportation Systems--Nebraska............ 450,000
Intelligent Transportation Systems, City of Jackson,
Tennessee........................................... 1,000,000
Intelligent Transportation Systems, Illinois............ 5,000,000
Intercity Transit ITS (Thurston County), Washington..... 2,000,000
Interurban Transit Partnership, Grand Rapids, MI........ 2,000,000
Iowa ITS................................................ 2,000,000
ITS--Commercial Vehicle Safety and Integration
Statewide, Utah..................................... 500,000
ITS--Northwest Arkansas Regional Architecture, Arkansas. 250,000
ITS--Rural Recreation & Tourism, Statewide, Utah........ 750,000
ITS--Springfield, Illinois.............................. 650,000
ITS Deployment Project, Inglewood, California........... 400,000
ITS Statewide, Maryland................................. 1,000,000
Jacksonville Transportation Authority: Intelligent
Transportation Systems Regional Planning, Florida... 750,000
JAXPORT Intermodal Cargo Tracking Project, Florida...... 900,000
Kansas City SmartPort, Missouri......................... 750,000
King County, County-Wide Signal Program, Washington..... 2,000,000
Lake County Passage, Lake County, Illinois.............. 1,250,000
Laredo ITS Multi-Agency Integration and Incidence
Project, Texas...................................... 500,000
Los Angeles Union Station Communication System.......... 1,000,000
Lynnwood Traffic Management Center of Multi-
Jurisdictional ITS, Washington...................... 1,000,000
MARTA Automated Fare Collection/Smart Card System,
Georgia............................................. 500,000
Missouri Statewide Rural ITS............................ 2,500,000
Montgomery County Integrated ITS Program, Maryland...... 750,000
Montgomery Intelligent Transportation System Acquisition
and Implementation, Alabama......................... 1,000,000
Nepperhan Traffic Improvements, City of Yonkers, New
York................................................ 300,000
Northwest Arkansas Regional Planning Commission--ITS
Regional Architecture............................... 300,000
Park Avenue Corridor Improvements, New Jersey........... 1,000,000
Park Avenue Corridor Improvements, Union County, NJ..... 765,000
Pennsylvania Turnpike ITS Initiative, Pennsylvania...... 2,000,000
PSU's Center for Transportation Studies ITS Initiative,
Oregon.............................................. 400,000
Puget Sound In-Vehicle Traffic Map Expansion Program,
Washington.......................................... 2,000,000
Pulaski at Irving Park Intersection Improvement,
Illinois............................................ 500,000
PVTA ITS, Massachusetts................................. 1,000,000
Regional ITS, Springfield, Missouri..................... 2,000,000
Reston Traffic Signal Prioritization, Virginia.......... 750,000
Route 28 traffic light synchronization.................. 500,000
Route 50 signalization improvement, Virginia............ 1,000,000
Route 7 signalization improvements, Virginia............ 500,000
Rural Highway Information System, Kentucky.............. 2,000,000
San Diego Joint Transportation Operations Center,
California.......................................... 750,000
SCDOT InRoads, South Carolina........................... 2,500,000
Signal Preemption Upgrades, Culver City, California..... 110,000
South Boulevard Signal System, North Carolina........... 470,000
Springfield Regional Intelligent Transportation System,
Missouri............................................ 2,000,000
Stamford Urban Transitway Phase II, Connecticut......... 1,000,000
State Transportation Incident Management Center,
Wisconsin........................................... 500,000
STRAP 3 Transportation Program Tracking................. 1,500,000
The Mass Country Roads Traveler Information System,
Massachusetts....................................... 200,000
TMC Transportation Operations Center, Texas............. 500,000
Traffic Operations Center, City of Fresno, California... 500,000
Traffic Response and Information, Partnership Center,
Maryland............................................ 1,500,000
Transportation Management & Emergency Ops Center/
Oakland, California................................. 750,000
Transportation Research Center, Georgia................. 1,000,000
Traveler Information System, Seattle, Washington........ 1,000,000
Tri-County ITS Coordination Initiative, Michigan........ 500,000
Twin Cities, Minnesota Redundant Communications Pilot... 750,000
University of Alaska Arctic Transportation Engineering
Research Center, Alaska............................. 1,500,000
University of Kentucky Transportation Center............ 1,500,000
US 2 Lohman Rail Crossing Advance Warning, Montana...... 1,000,000
US 280 Corridor ITS, Alabama............................ 800,000
US 280, Jefferson County, ITS, Alabama.................. 4,000,000
US 98 Widening from Bayshore Road to Portside Road,
Florida............................................. 500,000
Variable Message Signs and 511 Implementation, Idaho.... 2,250,000
Ventura County Intelligent Transportation Systems,
California.......................................... 750,000
Vermont Roadway Weather Information System.............. 1,000,000
Village of Tarrytown, New York.......................... 320,000
West Baton Rouge Emergency Communications Center,
Louisiana........................................... 1,500,000
Wisconsin State Patrol Mobile Data Communications
Network--Phase III.................................. 3,400,000
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for carrying
out the provisions of title 23, United States Code, that are
attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C. 148,
not otherwise provided, including reimbursement for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$35,000,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until
expended.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the unobligated balances of funds apportioned to each
State under chapter 1 of title 23, United States Code,
$520,277,000 are rescinded: Provided, That such rescission
shall not apply to the funds distributed in accordance with 23
U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.
133(d)(3)(A) or to the funds apportioned to the program
authorized under section 163 of title 23, United States Code.
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
For an additional amount for the ``Emergency Relief
Program'' as authorized under section 125 of title 23, United
States Code, $741,000,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That of the unobligated
balances of funds apportioned to each state under chapter 1 of
title 23, United States Code, $741,000,000 are rescinded:
Provided further, That such rescission shall not apply to the
funds distributed in accordance with 23 U.S.C. 133(d)(1) and
the first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds
apportioned to the program authorized under section 163 of
title 23, United States Code.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, as amended, $80,000,000, to remain available until
expended.
GENERAL PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Sec. 110. (a) For fiscal year 2005, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation
for Federal-aid Highways amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section
104(a)(1)(A) of title 23, United States Code, for the
highway use tax evasion program, for the Bureau of
Transportation Statistics, and for the programs,
projects, and activities funded from the takedown
authorized by section 117 of this Act;
(2) not distribute an amount from the obligation
limitation for Federal-aid Highways that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highways and highway safety
programs for the prior fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-
aid Highways less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears
to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through
(7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(8)) for such
fiscal year less the aggregate of the amounts
not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) for section
201 of the Appalachian Regional Development Act of 1965
and $2,000,000,000 for such fiscal year under section
105 of title 23, United States Code (relating to
minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal
to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized
to be appropriated for such section (except in the case
of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided
for Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each of the
programs that are allocated by the Secretary under
title 23, United States Code (other than activities to
which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized
to be appropriated for such program for such fiscal
year; and
(6) distribute the obligation limitation provided
for Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-
aid highways and highway safety construction programs
(other than the minimum guarantee program, but only to
the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary
under title 23, United States Code, in the ratio that--
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The
obligation limitation for Federal-aid Highways shall not apply
to obligations: (1) under section 125 of title 23, United
States Code; (2) under section 147 of the Surface
Transportation Assistance Act of 1978; (3) under section 9 of
the Federal-Aid Highway Act of 1981; (4) under sections 131(b)
and 131(j) of the Surface Transportation Assistance Act of
1982; (5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of
title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
the 21st Century; (8) under section 105 of title 23, United
States Code (but, only in an amount equal to $639,000,000 for
such fiscal year); and (9) for Federal-aid highway programs for
which obligation authority was made available under the
Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until
used, but only to the extent that such obligation authority has
not lapsed or been used.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after
August 1 for such fiscal year revise a distribution of the
obligation limitation made available under subsection (a) if a
State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code,
section 160 (as in effect on the day before the enactment of
the Transportation Equity Act for the 21st Century) of title
23, United States Code, and under section 1015 of the
Intermodal Surface Transportation Efficiency Act of 1991.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, except that
obligation authority made available for such programs under
such limitation shall remain available for a period of 3 fiscal
years.
(e) Redistribution of Certain Authorized Funds.--Not
later than 30 days after the date of the distribution of
obligation limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized to
be appropriated for such fiscal year for Federal-aid highways
programs (other than the program under section 160 of title 23,
United States Code) and for carrying out subchapter I of
chapter 311 of title 49, United States Code, and highway-
related programs under chapter 4 of title 23, United States
Code; and (2) that the Secretary determines will not be
allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any
obligation limitation for such fiscal year. Such distribution
to the States shall be made in the same ratio as the
distribution of obligation authority under subsection (a)(6).
The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for
a fiscal year under subsection (a)(4) of this section for a
section set forth in subsection (a)(4) shall remain available
until used and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49 U.S.C.
111 may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation
for Federal-aid highways and highway safety construction.
Sec. 112. Of the funds made available to the Bureau of
Transportation Statistics in fiscal year 2005, $400,000 shall
be available to administer section 5402 of title 39, United
States Code.
Sec. 113. (a) Notwithstanding any other provision of law,
in section 1602 of the Transportation Equity Act for the 21st
Century, item number 89 is amended by striking ``Construct I-
495/Route 2 interchange east of existing interchange to provide
access to commuter railstation, Littleton'' and inserting
``Ayer commuter rail station improvements, land acquisition and parking
improvements''.
(b) Of the $6,000,000 portion of the funds appropriated
under the heading ``Highway Demonstration Projects'' in title I
of Public Law 102-143 (105 Stat. 929) that was allocated for
Routes 70/38 Circle Elimination, NJ, $4,500,000 shall be
transferred to, and made available for, the following projects
in the specified amounts: Mantua Creek Overpass in Paulsboro,
NJ, $2,000,000; Delsea Drive Route 47 Timber Creek in
Westville, NJ, $787,000; Camden Waterfront Parking Garage in
Camden, NJ, $1,213,000; and Route 47 Chapel Heights Avenue in
Gloucester, NJ, $500,000.
(c) Of the amount made available under item number 89 of
the table contained in section 1107(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2052),
$3,300,000 shall be used to carry out a comprehensive regional
transportation study on the multimodal transportation needs in
Grand Traverse County, Michigan, and to implement
recommendations resulting from the study.
(d) Of the funds provided for under ``Transportation and
Community and System Preservation Program'' in Public Law 106-
69 and Public Law 106-346 for the project known as ``Utah-
Colorado `Isolated Empire' Rail Connector Study'' as referenced
in House Report 106-355 and House Report 106-940, any remaining
unobligated balance as of October 1, 2004, shall be made
available to the Central Utah Rail Line (Sigurd/Salina to
Levan) Project.
(e) Section 378 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (114 Stat. 1356A-38)
is amended by striking ``an extension of Highway 180 from the
City of Mendota'' and inserting ``an extension of Highway 180
from the City of Fresno''.
Sec. 114. None of the funds made available in this Act
may be used to require a State or local government to post a
traffic control device or variable message sign, or any other
type of traffic warning sign, in a language other than English,
except with respect to the names of cities, streets, places,
events, or signs related to an international border.
Sec. 115. Division F, title I, section 115 of Public Law
108-199 is amended by inserting before the period at the end
the following: ``: Provided further, That notwithstanding any
other provision of law and the preceding clauses of this
provision, the Secretary of Transportation may use amounts made
available by this section to make grants for any surface
transportation project otherwise eligible for funding under
title 23 or title 49, United States Code''.
Sec. 116. Of the funds available under section 104(a)(1)(A)
of title 23, United States Code, $5,000,000 shall be available
for environmental streamlining activities, which may include
making grants to, or entering into contracts, cooperative
agreements, and other transactions, with a Federal agency,
State agency, local agency, authority, association, non-profit
or for-profit corporation, or institution of higher education.
Sec. 117. Notwithstanding any other provision of law,
whenever an allocation is made of the sums authorized to be
appropriated for expenditure on the Federal lands highway
program, and whenever an apportionment is made of the sums
authorized to be appropriated for the surface transportation
program, the congestion mitigation and air quality improvement
program, the National Highway System, the Interstate
maintenance program, the bridge program, the Appalachian
development highway system, and the minimum guarantee program,
the Secretary of Transportation shall deduct a sum in such
amount not to exceed 4.1 percent of all sums so authorized:
Provided, That of the amount so deducted in accordance with
this section, $25,000,000 shall be made available to make
grants to support planning, highway corridor development, and
highway construction projects in the area that comprises the
Delta Regional Authority; and $1,211,360,000 shall be made
available for surface transportation projects as identified
under this section in the statement of the managers
accompanying this Act: Provided further, That notwithstanding
any other provision of law and the preceding clauses of this
provision, the Secretary of Transportation may use amounts made
available by this section to make grants for any surface
transportation project otherwise eligible for funding under
title 23 or title 49, United States Code: Provided further,
That funds made available under this section, at the request of
a State, shall be transferred by the Secretary to another
Federal agency; Provided further, That the Federal share
payable on account of any program, project, or activity carried
out with funds made available under this section shall be 100
percent: Provided further, That the sum deducted in accordance
with this section shall remain available until expended:
Provided further, That all funds made available under this
section shall be subject to any limitation on obligations for
Federal-aid highways and highway safety construction programs
set forth in this Act or any other Act: Provided further, That
the obligation limitation made available for the programs,
projects, and activities for which funds are made available
under this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Sec. 118. Of the funds made available under section
188(a)(1) of title 23, United States Code, $100,000,000 are
rescinded.
Sec. 119. For the purposes of 23 U.S.C. 181(9)(D) the
project described in section 626 of Division B, title VI of
Public Law 108-7 is eligible as a publicly owned intermodal
surface freight transfer facility.
Sec. 120. Notwithstanding any other provision of law, the
Department of Transportation shall complete approval of the
proposed surety substitution for one-half of the bond debt
service reserve amount for the RETRAC project within 30 days
after receiving from RETRAC a binding commitment from a
qualified provider to deliver a surety at an acceptable price.
Such bond debt servicefunds so released shall be deposited into
the RETRAC project contingency fund for payment of RETRAC project costs
in the event current project cost projections are exceeded.
Sec. 121. Designation of Mike O'Callaghan-Pat Tillman
Memorial Bridge. (a) In General.--The Hoover Dam Bypass Bridge
in the Lake Mead National Recreation Area between Nevada and
Arizona is designated as the ``Mike O'Callaghan-Pat Tillman
Memorial Bridge''.
(b) References in Law.--Any reference in a law (including
regulations), map, document, paper, or other record of the
United States to the bridge described in subsection (a) shall
be considered to be a reference to the Mike O'Callaghan-Pat
Tillman Memorial Bridge.
Sec. 122. Bypass Bridge at Hoover Dam. (a) In General.--
Subject to subsection (b), the Secretary of Transportation may
expend from any funds appropriated for expenditure in
accordance with title 23, United States Code, for payment of
debt service by the States of Arizona and Nevada on notes
issued for the bypass bridge project at Hoover Dam, pending
appropriation or replenishment for that project.
(b) Reimbursement.--Funds expended under subsection (a)
shall be reimbursed from the funds made available to the States
of Arizona and Nevada for payment of debt service on notes
issued for the bypass bridge project at Hoover Dam.
Sec. 123. None of the funds made available in this Act
shall be available for the development or dissemination by the
Federal Highway Administration of any version of a programmatic
agreement which regards the Dwight D. Eisenhower National
System of Interstate and Defense Highways as eligible for
inclusion on the National Register of Historic Places.
Sec. 124. Of the unobligated balances made available under
Public Law 100-17, Public Law 100-457, Public Law 101-516,
Public Law 102-143, Public Law 102-240, Public Law 102-388,
Public Law 103-331, Public Law 105-178, and Public Law 106-346,
$16,407,908.88 are rescinded.
Sec. 125. Notwithstanding any other provision of law,
projects and activities described in the statement of managers
accompanying this Act under the headings ``Federal-Aid
Highways'' and ``Federal Transit Administration'' shall be
eligible for fiscal year 2005 funds made available for the
project for which each project or activity is so designated and
projects and activities under the heading ``Job Access and
Reverse Commute Grants'' shall be awarded those grants upon
receipt of an application: Provided, That the Federal share
payable on account of any such projects and activities subject
to this section shall be the same as the share required by the
Federal program under which each project or activity is
designated unless otherwise provided in this Act.
Sec. 126. Notwithstanding any other provision of law, in
addition to amounts provided in this or any other Act for
fiscal year 2005, $34,000,000, to be derived from the Highway
Trust Fund and to remain available until expended, shall be
available for the replacement of the Belleair Causeway Bridge
in Pinellas County, Florida.
Sec. 127. Of the amounts made available for the Federal-Aid
Highways Emergency Relief Program under division B of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005 (118 Stat. 1251), such
sums as may be necessary shall be available for replacement of
the Interstate-10 bridge spanning Escambia Bay in Escambia and
Santa Rosa Counties, Florida.
Sec. 128. Amend Section 14003 of Public Law 108-287, the
Department of Defense Appropriations Act, 2005 by adding a new
subsection (c) at the end as follows:
``(c) Upon a request by a state to the Secretary that the
state has an insufficient amount or type of apportionment to
effectively utilize the funds provided in paragraph (b), the
Secretary shall waive the requirement for apportionment. Such
funds shall be eligible for any activity defined in section
133(b) of Title 23. Funds distributed to each state under this
section shall not be subject to section 105 of Title 23.''.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding any other provision of law, none of the
funds in this Act shall be available for expenses for
administration of motor carrier safety programs and motor
carrier safety research, and grants, the obligations for which
are in excess of $257,547,000 for fiscal year 2005: Provided,
That $33,000,000 shall be available to make grants to, or enter
into contracts with, States, local governments, or other
persons for carrying out border commercial motor vehicle safety
programs and enforcement activities and projects for the
purposes described in 49 U.S.C. 31104(f)(2)(B), and the Federal
share payable under such grants shall be 100 percent;
$20,000,000 shall be available to make grants to, or enter into
contracts with, States, local governments, or other persons for
commercial driver's licenses program improvements, and the
Federal share payable under such grants shall be 100 percent;
$13,200,000 shall be available to make grants to States for
implementation of section 210 of the Motor Carrier Safety
Improvement Act of 1999, and the Federal share payable under
such grant shall be 100 percent; and $7,400,000 shall be
available to make grants to, or enter into contracts with,
States, local governments, or other persons for the commercial
vehicle analysis reporting system, and the Federal share
payable under such grants shall be 100 percent: Provided
further, That notwithstanding any other provision of law, for
payment of obligations incurred to pay administrative expenses
of and grants by the Federal Motor Carrier Safety
Administration, $257,547,000, to be derived from the Highway
Trust Fund, together with advances and reimbursements received
by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106,
and 31309, $190,000,000 to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $190,000,000 for ``Motor Carrier Safety
Grants'' and ``Information Systems,'' and of which $17,000,000
shall be available for grants to States for implementation of
section 210 of the Motor Carrier Safety Improvement Act of 1999
(113 Stat. 1764-1765) and $1,000,000 shall be available for
grants to States, local governments, or other entities for
commercial driver's license program improvements: Provided
further, That for grants made to States for implementation of
section 210 of the Motor Carrier Safety Improvement Act of 1999
(113 Stat. 1764-1765), and for grants to States, local
governments, or other entities for commercial driver's license
program improvements, the Federal share payable under such
grants shall be 100 percent.
GENERAL PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87, including that the Secretary submit a
report to the House and Senate Appropriations Committees
annually on the safety and security of transportation into the
United States by Mexico-domiciled motor carriers.
Sec. 131. None of the funds appropriated or otherwise made
available by this Act may be used before December 31, 2005 to
implement or enforce any provisions of the Final Rule, issued
on April 16, 2003 (Docket No. FMCSA-97-2350), with respect to
either of the following:
(1) The operators of utility service vehicles, as
that term is defined in section 395.2 of title 49, Code
of Federal Regulations.
(2) Maximum daily hours of service for drivers
engaged in the transportation of property or passengers
to or from a motion picture or television production
site located within a 100-air mile radius of the work
reporting location of such drivers.
Sec. 132. None of the funds made available under this Act
may be used to issue or implement the Department of
Transportation's proposed regulation entitled Parts and
Accessories Necessary for Safe Operation; Certification of
Compliance With Federal Motor Vehicle Safety Standards
(FMVSSs), published in the Federal Register, volume 67, number
53, on March 19, 2002, relating to a phase-in period to bring
vehicles into compliance with the requirements of the
regulation.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C of
subtitle VI of title 49, United States Code, $157,386,000, to
be derived from the sum authorized to be deducted under section
117 of this Act and transferred to the National Highway Traffic
Safety Administration, to remain available until expended:
Provided, That such funds shall be transferred to and
administered by the National Highway Traffic Safety
Administration: Provided further, That none of the funds in
this Act may be used to augment information technology or
computer support funds provided to NHTSA in excess of
$2,900,000: Provided further, That none of the funds
appropriated by this Act may be obligated or expended to plan,
finalize, or implement any rulemaking to add to section 575.104
of title 49 of the Code of Federal Regulations any requirement
pertaining to a grading standard that is different from the
three grading standards (treadwear, traction, and temperature
resistance) already in effect: Provided further, That all funds
made available under this heading shall be subject to any
limitation on obligations for Federal-aid highways and highway
safety construction programs set forth in this Act or any other
Act: Provided further, That the obligation limitation made
available for the programs, projects, and activities for which
funds are made available under this heading shall remain
available until used and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid highway
and highway safety construction programs for future fiscal
years.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 403, to remain available until expended, $72,000,000, to
be derived from the Highway Trust Fund: Provided, That none of
the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2005, are in excess of $72,000,000 for programs
authorized under 23 U.S.C. 403.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $3,600,000, to be derived
from the Highway Trust Fund: Provided, That none of the funds
in this Act shall be available for the implementation or
execution of programs the obligations for which are in excess
of $3,600,000 for the National Driver Register authorized under
chapter 303 of title 49, United States Code.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 402, 405, and 410, to remain available until expended,
$225,000,000, to be derived from the Highway Trust Fund:
Provided, That none of the funds in this Act shall be available
for the planning or execution of programs the total obligations
for which, in fiscal year 2005, are in excess of $225,000,000
for programs authorized under 23 U.S.C. 402, 405, and 410, of
which $165,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405, and
$40,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410: Provided further,
That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings
and fixtures for State, local, or private buildings or
structures: Provided further, That not to exceed $10,000,000 of
the funds made available for section 402, not to exceed
$2,306,000 of the funds made available for section 405, and not
to exceed $2,000,000 of the funds made available for section
410 shall be available to NHTSA for administering highway
safety grants under chapter 4 of title 23, United States Code:
Provided further, That not to exceed $1,000,000 of the funds
subject to allocation under section 157 of title 23, United
States Code, and not to exceed $1,000,000 of the funds subject
to apportionment under section 163 of that title, shall be
available to the National Highway Traffic Safety Administration
for administering highway safety grants under those sections:
Provided further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical
assistance to the States.
GENERAL PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Sec. 140. Notwithstanding any other provision of law,
States may use funds provided in this Act under section 402 of
title 23, United States Code, to produce and place highway
safety public service messages in television, radio, cinema,
and print media, and on the Internet in accordance with
guidance issued by the Secretary of Transportation: Provided,
That any State that uses funds for such public service messages
shall submit to the Secretary a report describing and assessing
the effectiveness of the messages: Provided further, That
$10,000,000 of the funds allocated under section 157 of title
23, United States Code, shall be used as directed by the
National Highway Traffic Safety Administrator to purchase
national paid advertising (including production and placement)
to support national safety belt mobilizations: Provided
further, That, of the funds allocated under section 163 of
title 23, United States Code, $6,000,000 shall be used as
directed by the Administrator to support national impaired
driving mobilizations and enforcement efforts, $14,000,000
shall be used as directed by the Administrator to purchase
national paid advertising (including production and placement)
to support such national impaired driving mobilizations and
enforcement efforts.
Sec. 141. Notwithstanding any other provision of law, funds
appropriated or limited in the Act to educate the motoring
public on how to share the road safely with commercial motor
vehicles shall be administered by the National Highway Traffic
Safety Administration and shall not be used by or made
available to any other Federal agency.
Sec. 142. Notwithstanding any other provision of law, for
fiscal year 2005 the Secretary of Transportation is authorized
to use amounts made available to carry out section 157 of title
23, United States Code, to make innovative project allocations,
not to exceed the prior year's amounts for such allocations,
before making incentive grants for use of seat belts.
Federal Railroad Administration
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $139,769,000, of
which $15,350,000 shall remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and
development, $36,025,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended,
in such amounts and at such times as may be necessary to pay
any amounts required pursuant to the guarantee of the principal
amount of obligations under sections 511 through 513 of such
Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2005: Provided further,
That the Secretary of Transportation and the National Railroad
Passenger Corporation shall reach agreement on a schedule for
the repayment of all principal and interest on their June 28,
2002 direct loan agreement that provides for repayment in five
equal annual installments over a five-year period beginning in
fiscal year 2005: Provided further, That each annual
installment payment shall be made no later than thirty days
after the enactment of the Departments of Transportation and
Treasury, Independent Agencies, and General Government
Appropriations Act for the fiscal year: Provided further, That
in the event the Secretary and the National Railroad Passenger
Corporation are unable to agree on the terms and conditions of
such revised repayment schedule within sixty days after the
enactment of this Act, then all principal and interest shall
come due as provided for under the existing terms of the June
28, 2002 direct loan agreement.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$19,650,000, to remain available until expended.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $25,000,000, for capital rehabilitation
and improvements benefiting its passenger operations, to remain
available until expended.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make
quarterly grants to the National Railroad Passenger
Corporation, $1,217,000,000, to remain available until
September 30, 2005: Provided, That not less than $500,000,000
shall be provided in quarterly grants for capital expenses:
Provided further, That the Secretary of Transportation shall
approve funding to cover operating losses and capital
expenditures, including advance purchase orders, for the
National Railroad Passenger Corporation only after receiving
and reviewing a grant request for each specific train route:
Provided further, That each such grant request shall be
accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the
Federal support to the Secretary's satisfaction: Provided
further, That the Secretary of Transportation shall reserve
$60,000,000 of the funds provided under this heading and is
authorized to transfer such sums to the Surface Transportation
Board, upon request from said Board, to carry out directed
service orders issued pursuant to section 11123 of title 49,
United States Code to respond to the cessation of commuter rail
operations by the National Railroad Passenger Corporation:
Provided further, That the Secretary of Transportation shall
make the reserved funds available to the National Railroad
Passenger Corporation through an appropriate grant instrument
during the end of the fourth quarter of fiscal year 2005 to the
extent that no directed service orders have been issued by the
Surface Transportation Board as of the date of transfer or
there is a balance of reserved funds not needed by the Board to
pay for any directed service order issued through September 30,
2005: Provided further, That not later than 60 days after
enactment of this Act, Amtrak shall transmit, in electronic
format, to the Secretary of Transportation, the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation a comprehensive business
plan approved by the Board of Directors for fiscal year 2005
under section 24104(a) of title 49, United States Code:
Provided further, That the business plan shall include, as
applicable, targets for ridership, revenues, and capital and
operating expenses: Provided further, That the plan shall also
include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service;
state-supported service; each intercity train route; including
Autotrain; and commercial activities including contract
operations and mail and express: Provided further, That the
business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable
for completion of the projects covered by this business plan:
Provided further, That not later than December 1, 2004 and no
later than 30 days following the last business day of the
previous month thereafter, Amtrak shall submit to the Secretary
of Transportation and the House and Senate Committees on
Appropriations a supplemental report, in electronic format,
regarding the pending business plan, which shall describe the
work completed to date, any changes to the business plan, and
the reasons for such changes: Provided further, That none of
the funds in this Act may be used for operating expenses,
including advance purchase orders, and capital projects not
approved by the Secretary of Transportation nor on the National
Railroad Passenger Corporation's fiscal year 2005 business
plan: Provided further, That Amtrak shall display the business
plan and all subsequent supplemental plans on the Corporation's
website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That
none of the funds under this heading may be obligated or
expended until the National Railroad Passenger Corporation
agrees to continue abiding by the provisions of paragraphs 1,
2, 3, 5, 9, and 11 of the summary of conditions for the direct
loan agreement of June 28, 2002, in the same manner as in
effect on the date of enactment of this Act: Provided further,
That the Secretary of Transportation is authorized to retain up
to $4,000,000 of the funds provided to be used to retain a
consultant or consultants to assist the Secretary in preparing
a comprehensive valuation of Amtrak's assets to be completed
not later than September 30, 2005: Provided further, That these
funds shall be available to the Secretary of Transportation
until expended: Provided further, That this valuation shall to
be used to retain a consultant or consultants to develop to the
Secretary's satisfaction a methodology for determining the
avoidable and fully allocated costs of each Amtrak route:
Provided further, That once the Secretary has approved the
methodology for determining the avoidable and fully allocated
costs of each Amtrak route, Amtrak shall apply that methodology
in compiling an annual report to Congress on the avoidable and
fully allocatedcosts of each of its routes, with the initial
report for fiscal year 2005 to be submitted to the House and Senate
Committees on Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Commerce, Science, and
Transportation before December 31, 2005, and each subsequent report to
be submitted within ninety days after the end of the fiscal year to
which the report pertains.
GENERAL PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Sec. 150. For the purpose of assisting State-supported
intercity rail service, in order to demonstrate whether
competition will provide higher quality rail passenger service
at reasonable prices, the Secretary of Transportation, working
with affected States, shall develop and implement a procedure
for fair competitive bidding by Amtrak and non-Amtrak operators
for State-supported routes: Provided, That in the event a State
desires to select or selects a non-Amtrak operator for the
route, the State may make an agreement with Amtrak to use
facilities and equipment of, or have services provided by,
Amtrak under terms agreed to by the State and Amtrak to enable
the non-Amtrak operator to provide the State-supported service:
Provided further, That if the parties cannot agree on terms,
the Secretary shall, as a condition of receipt of Federal grant
funds, order that the facilities and equipment be made
available and the services be provided by Amtrak under
reasonable terms and compensation: Provided further, That when
prescribing reasonable compensation to Amtrak, the Secretary
shall consider quality of service as a major factor when
determining whether, and the extent to which, the amount of
compensation shall be greater than the incremental costs of
using the facilities and providing the services: Provided
further, That the Secretary may reprogram up to $2,500,000 from
the Amtrak operating grant funds for costs associated with the
implementation of the fair bid procedure and demonstration of
competition under this section.
Sec. 151. Notwithstanding any provisions of this or any
other Act, during the fiscal year ending September 30, 2005,
and hereafter, the Federal Railroad Administration may use
funds appropriated by this or any other Act to provide for the
installation of a broadband high speed internet service
connection, including necessary equipment, for Federal Railroad
Administration employees, and to either pay directly recurring
monthly charges or to reimburse a percentage of such monthly
charges which are paid by such employees: Provided, That the
Federal Railroad Administration certifies that adequate
safeguards against private misuse exist, and that the service
is necessary for direct support of the agency's mission.
Sec. 152. Public Law 97-468 is amended--
(1) in section 608(a)(5) by inserting, ``,
including any amount appropriated or otherwise made
available to the State-owned railroad,'' before ``shall
be retained'';
(2) in section 608 by adding a new subsection (e)
as follows:
``(e) The State-owned railroad may take any necessary or
appropriate action, consistent with federal railroad safety
laws, to preserve and protect its rail properties in the
interests of safety.''; and
(3) in section 604(d)(2) by adding a new paragraph
(D) as follows:
``(D) Any hazardous substance, petroleum or
other contaminant release at or from the State-
owned rail properties that began prior to
January 5, 1985, shall be and remain the
liability of the United States for damages and
for the costs of investigation and cleanup.
Such liability shall be enforceable under 42
U.S.C. 9601 et seq. for any release described
in the preceding sentence.''.
Sec. 153. Notwithstanding any other provision of law, from
funds made available to the Federal Railroad Administration
under the heading ``Next Generation High-Speed Rail'' in the
Consolidated Appropriations Act of 2004 (Public Law 108-199),
the Secretary of Transportation may award a grant in the amount
of $400,000 to the Illinois Department of Transportation for
KBS Railroad track and grade crossing improvements in Kankakee
County and Northeastern Illinois.
Sec. 154. The Northern New England High Speed Rail Corridor
is expanded to include the train routes from Boston,
Massachusetts, to Albany, New York, and from Springfield,
Massachusetts, to New Haven, Connecticut.
Sec. 155. Not later than March 1, 2005, Amtrak shall submit
to the House and Senate Committees on Appropriations a report
detailing Amtrak's obligations pursuant to 49 U.S.C. 24306(a),
describing all investments made to develop mail and express,
year-to-year operating results generated by mail and express, a
detailed description of the impact on employees related to
termination of mail and express, a detailed description of the
proposed liquidation of assets related to mail and express, and
an accounting of all incurred and estimated costs resulting
from such termination, including legal and accounting costs,
any contingent obligations that may result, and any other
related costs. Before submission, both the Amtrak Board of
Directors and the Department of Transportation shall review
this report.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $9,750,000: Provided, That no
more than $78,000,000 of budget authority shall be available
for these purposes: Provided further, That of the funds
available not to exceed $900,000 shall be available for the
Office of the Administrator; not to exceed $6,520,000 shall be
available for the Office of Administration; not to exceed
$4,100,000 shall be available for the Office of the Chief
Counsel; not to exceed $1,243,000 shall be available for the
Office of Communication and Congressional Affairs; not to
exceed $7,396,000 shall be available for the Office of Program
Management; not to exceed $6,929,000 shall be available for the
Office of Budget and Policy; not to exceed $4,645,000 shall be
available for the Office of Demonstration and Innovation; not
to exceed $3,013,000 shall be available for the Office of Civil
Rights; not to exceed $4,171,000 shall be available for the
Office of Planning; not to exceed $20,150,000 shall be
available for regional offices; and not to exceed $16,433,000
shallbe available for the central account: Provided further,
That the Administrator is authorized to transfer funds appropriated for
an office of the Federal Transit Administration: Provided further, That
no appropriation for an office shall be increased or decreased by more
than a total of 5 percent during the fiscal year by all such transfers:
Provided further, That any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That any funding transferred from the
central account shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That none of the funds
provided or limited in this Act may be used to create a permanent
office of transit security under this heading: Provided further, That
of the funds in this Act available for the execution of contracts under
section 5327(c) of title 49, United States Code, $2,000,000 shall be
reimbursed to the Department of Transportation's Office of Inspector
General for costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway systems:
Provided further, That up to $2,500,000 for the National transit
database shall remain available until expended: Provided further, That
upon submission to the Congress of the fiscal year 2006 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on new starts, proposed allocations of funds for fiscal
year 2006: Provided further, That the amount herein appropriated shall
be reduced by $20,000 per day for each day after initial submission of
the President's budget that the report has not been submitted to the
Congress.
FORMULA GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$504,022,000, to remain available until expended: Provided,
That no more than $4,032,175,000 of budget authority shall be
available for these purposes: Provided further, That
notwithstanding any other provision of law, $50,000,000 of the
funds to carry out 49 U.S.C. 5308 shall be transferred to and
merged with funding provided for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities under ``Federal
Transit Administration, Capital investment grants''.
UNIVERSITY TRANSPORTATION RESEARCH
For necessary expenses to carry out 49 U.S.C. 5505,
$750,000, to remain available until expended: Provided, That no
more than $6,000,000 of budget authority shall be available for
these purposes.
TRANSIT PLANNING AND RESEARCH
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$16,000,000, to remain available until expended: Provided, That
no more than $128,000,000 of budget authority shall be
available for these purposes: Provided further, That $5,250,000
is available to provide rural transportation assistance (49
U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315),
$8,250,000 is available to carry out transit cooperative
research programs (49 U.S.C. 5313(a)), $60,385,600 is available
for metropolitan planning (49 U.S.C. 5303, 5304, and 5305),
$12,614,400 is available for State planning (49 U.S.C.
5313(b)); and $37,500,000 is available for the national
planning and research program (49 U.S.C. 5314).
TRUST FUND SHARE OF EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and
3038 of Public Law 105-178, $6,744,500,000, to remain available
until expended, and to be derived from the Mass Transit Account
of the Highway Trust Fund: Provided, That $3,528,153,000 shall
be paid to the Federal Transit Administration's formula grants
account: Provided further, That $112,000,000 shall be paid to
the Federal Transit Administration's transit planning and
research account: Provided further, That $68,250,000 shall be
paid to the Federal Transit Administration's administrative
expenses account: Provided further, That $5,250,000 shall be
paid to the Federal Transit Administration's university
transportation research account: Provided further, That
$109,375,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants program:
Provided further, That $2,921,472,000 shall be paid to the
Federal Transit Administration's capital investment grants
account.
CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $417,353,000, to remain available until
expended: Provided, That no more than $3,338,825,000 of budget
authority shall be available for these purposes: Provided
further, That there shall be available for fixed guideway
modernization, $1,214,400,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities,
$675,000,000, which shall include $50,000,000 made available
under 5309(m)(3)(C) of this title, plus$50,000,000 transferred
from ``Federal Transit Administration, Formula Grants''; and there
shall be available for new fixed guideway systems $1,449,425,000,
together with $3,591,548 in unobligated balances made available in
Public Law 106-346, and $22,554,144 in unobligated balances made
available in Public Law 107-87, to be available as follows:
Atlanta, Georgia/North Springs (North Line Extension)... $265,410
Baltimore, Maryland, Central Light Rail Double Track.... 29,010,000
Birmingham-Transit Corridor, Alabama.................... 1,000,000
Boston, Massachusetts, Silver Line III.................. 3,000,000
Capital Metro-Bus Rapid Transit, Texas.................. 1,000,000
CATRAIL RTC Rail Project, Nevada........................ 1,000,000
Charlotte, North Carolina, South Corridor Light Rail
Project............................................. 30,000,000
Chicago, Illinois, Douglas Branch Reconstruction........ 85,000,000
Chicago, Illinois, Ravenswood Line Extension............ 40,000,000
Cleveland, Ohio, Euclid Corridor Transportation Project. 25,000,000
Dallas, Texas NW/SE Extension........................... 8,500,000
Denver, Colorado, Southeast Corridor LRT................ 80,000,000
Dulles Corridor Rapid Transit Project, Virginia......... 25,000,000
Fort Lauderdale, Florida, South Florida Commuter Rail
Upgrades............................................ 11,409,506
Harrisburg, Pennsylvania, Corridor One Rail MOS......... 2,000,000
Hawaii and Alaska Ferry Boats........................... 10,296,000
Houston Advanced Metro Transit Plan, Texas.............. 8,500,000
I-5/I-205/SR50, Transit Loop, Washington and Oregon..... 1,500,000
Las Vegas, Nevada, Resort Corridor Fixed Guideway
Project............................................. 30,000,000
Little Rock River Rail, Arkansas........................ 3,500,000
Los Angeles, California/MOS3 Metro Rail (North
Hollywood).......................................... 675,103
Los Angeles, California, Eastside Light Rail Transit
Project............................................. 60,000,000
Los Angeles, California, Gold Line Foothill Extension... 500,000
Metra Commuter Rail Expansions and Extensions, Illinois. 52,000,000
Minneapolis, Minnesota, Hiawatha Light Rail Project..... 33,698,453
Minneapolis, Minnesota, Northstar Commuter Rail Project. 5,000,000
Nashville, Tennessee, East Corridor Commuter Rail....... 2,000,000
New Jersey Trans-Hudson Midtown Corridor................ 1,200,000
New Orleans, Louisiana, Canal Street Corridor Project... 16,747,023
New York, New York Long Island Rail Road East Side
Access.............................................. 100,000,000
Norfolk, Virginia, Light Rail Transit Project........... 2,000,000
Northern New Jersey Hudson-Bergen Light Rail MOS2....... 100,000,000
Northern New Jersey Newark Rail Link MOS 1.............. 319,463
Northern New Jersey Newark-Elizabeth Rail Line MOS1..... 1,365,876
Philadelphia, Pennsylvania, Schuylkill Valley MetroRail. 10,000,000
Phoenix, Arizona, Central Phoenix/East Valley Light Rail 75,000,000
Pittsburgh, Pennsylvania, North Shore Light Rail
Connector........................................... 55,000,000
Pittsburgh, Pennsylvania, Stage II Light Rail........... 1,140,792
Portland, Oregon, Interstate Max Light Rail Extension... 23,480,000
Raleigh, North Carolina, Triangle Transit Authority
Regional Rail Project............................... 20,000,000
Rhode Island Integrated Commuter Rail Project........... 6,000,000
Regional Commuter Rail (Weber County to Salt Lake City),
Utah................................................ 8,000,000
Salt Lake City, Utah/CBD to University LRT.............. 1,147,398
Salt Lake City, Utah/Medical Center Extension........... 8,836,110
San Diego, California, Mid-Coast Light Rail Extension... 1,000,000
San Diego, California, Mission Valley East Light Rail
Extension........................................... 81,640,000
San Diego, California, Oceanside-Escondido Rail Corridor 55,000,000
San Francisco, California, BART Extension to San Fran
International Airport............................... 100,000,000
San Francisco, California, Muni Third Street Light Rail
Project............................................. 10,000,000
San Juan, Puerto Rico, Tren Urbano Rapid Transit System. 44,620,000
Santa Clara County, California, Silicon Valley Rapid
Transit Corridor Project............................ 2,500,000
Seattle, Washington, Central Link Initial Segment....... 80,000,000
Sound Transit Sounder Commuter Rail, Lakewood to
Nisqually, Washington............................... 4,000,000
South Shore Commuter Rail, Indiana...................... 2,500,000
St. Louis, Missouri/Metrolink St. Clair Extension....... 60,436
Stamford, Connecticut Urban Transitway, Phase 2......... 3,000,000
Washington County, Oregon, Wilsonville to Beaverton
Commuter Rail Project............................... 9,000,000
Washington, DC/Largo Extension, Maryland................ 76,770,615
JOB ACCESS AND REVERSE COMMUTE GRANTS
For necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $15,625,000, to remain available
until expended: Provided, That no more than $125,000,000 of
budget authority shall be available for these purposes:
Provided further, That up to $300,000 of the funds provided
under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program.
GENERAL PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this Act
or identified in reports accompanying this Act not obligated by
September 30, 2007, and other recoveries, shall be made
available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2004, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds in this Act shall be
available to any Federal transit grantee after February 1,
2004, involved directly or indirectly, in any activity that
promotes the legalization or medical use of any substance
listed in schedule I of section 202 of the Controlled
Substances Act (21 U.S.C. 812 et seq.).
Sec. 164. From unobligated balances in the Federal Transit
Administration's Discretionary Grants account, not to exceed
$72,792,311 shall be transferred as follows: to the Federal
Transit Administration's Formula Grants account, not to exceed
$42,190,828; and to the Interstate Transfer Grants--Transit
account, not to exceed $30,601,483: Provided, That these
unobligated balances are used, together with Formula Grant
funds that are available for reapportionment in such account,
to restore obligation authority reduced due to a prior
deficiency.
Sec. 165. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the viability
of different intra-island and inter-island ferry boat routes
and technology: Provided further, That notwithstanding 49
U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii
ferry boats may be used to acquire passenger ferry boats and to
provide passenger ferry transportation services within areas of
the State of Hawaii under the control or use of the National
Park Service.
Sec. 166. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 167. The Secretary shall continue the pilot program
authorized under section 166 of the Consolidated Appropriations
Act, 2004, Public Law 108-199, 118 STAT. 309, for cooperative
procurement of major capital equipment under sections 5307,
5309, and 5311. The program shall be administered as required
under subsections (b) through (g) of section 166, except that
there shall be five pilot projects: Provided, That the
Secretary shall evaluate all proposals based on selection
criteria set forth in the announcement of the program and
request for proposals (Federal Register Notice--Vol. 69, No.
120, Page 35127, June 23, 2004). All proposed projects shall be
evaluated and the proposing party shall receive notification of
acceptance or denial by no later than 90 days after the
Secretary receives a request for review of a proposed project:
Provided further, That not later than 30 days after delivery of
the base order under each of the five pilot projects, the
Secretary shall submit to the House and Senate Committees on
Appropriations a report on the results of that pilot project.
Each report shall evaluate any savings realized through the
cooperative procurement and the benefits of incorporating
cooperative procurement, as shown by that project, into the
mass transit program as a whole.
Sec. 168. Amounts made available under Chapter 53 of title
49, United States Code and section 1108 of Public Law 102-240
to the Port Authority of Allegheny County for the Airport
Busway/Wabash HOV Facility project that remain unexpended may
be used by the Port Authority for the purchase of buses and
bus-related equipment in accordance with 49 U.S.C. 5309.
Sec. 169. Notwithstanding any other provision of law, any
unobligated funds made available under the bus category of the
Capital Investment Account in prior fiscal year Appropriations
Act for the Greater New Haven Transit District Fuel Cell and
Electric Bus project or CNG/alternative fuel vehicle project
shall be transferred to and administered under the Transit
Planning and Research account, subject to such terms and
conditions as the Secretary deems appropriate.
Sec. 170. Notwithstanding any other provision of law, any
unobligated funds made available to the Matanuska Susitna
Borough under ``Federal Transit Administration, Buses and Bus
Facilities'' shall be available for expenditure on ferry boat
and ferry facilities and related expenses as part of the Port
MacKenzie Intermodal Facility project.
Sec. 171. Notwithstanding any other provision of law,
$8,900,000 of the funds made available under the new fixed
guideway systems category of the Capital Investment Grants
account in Public Law 107-87 for the ``Honolulu, Hawaii, bus
rapid transit project'' shall be made available to the City and
County of Honolulu for replacement, rehabilitation, and
purchase of buses and related equipment and the construction of
bus-related facilities under 49 U.S.C. 5309 and shall remain
available to the City and County of Honolulu for those purposes
until expended: Provided, That any remaining unobligated
balance from said project in Public Law 107-87 shall be
transferred for any eligible activity under Title 23 of the
United States Code, and administered under that Title, for use
on improvements to the Kapolei Interchange Complex and shall
remain available until expended: Provided further, That funds
made available in Public Law 108-10 for ``Hawaii: BRT Systems,
Appurtenances and Facilities'' shall be generally available for
bus and bus facilities by the City and County of Honolulu.
Sec. 172. Notwithstanding any other provision of law, the
Navy may receive funds from the State of Hawaii for the
procurement of passenger ferry boats to providepassenger ferry
transportation services for the Arizona War Memorial.
Sec. 173. The Federal Transit Administration is directed to
comply with Section 3042 of the Federal Transit Act of 1998
(Public Law 105-178, as amended; 112 Stat. 338) and is further
directed to comply with the associated Committee report
language contained in House Report 108-401, accompanying H.R.
2673, pages 997-998.
Sec. 174. Hereafter, notwithstanding any other provision
of law, for the purpose of calculating the non-New Starts share
of the total project cost of both phases of San Francisco
Muni's Third Street Light Rail Transit project, the Secretary
of Transportation shall include all non-New Starts
contributions made towards Phase 1 of the two-phase project for
engineering, final design and construction, and also shall
allow non-New Starts funds expended on one element or phase of
the project to be used to meet the non-New Starts share
requirement of any element or phase of the project: Provided
further, That none of the funds provided in this Act for the
San Francisco Muni Third Street Light Rail Transit Project
shall be obligated if the Federal Transit Administration
determines that the project is found to be ``not recommended''
after evaluation and computation of revised transportation
system user benefit data.
Sec. 175. Funds made available for the Burlington-
Bennington, Vermont Commuter Rail project in Public Law 106-
346, the Burlington-Middlebury, Vermont Commuter Rail project
and Vermont Transportation Authority Rolling Stock in Public
Law 108-7 that remain unobligated, and funds made available for
the Burlington-Essex, Vermont commuter rail project in Public
Laws 105-277 and 105-66 that remain unexpended shall be
transferred to the Federal Railroad Administration and made
available to upgrade and improve the publicly-owned Vermont
Rail Infrastructure from Bennington to Burlington with a
northern terminus in Essex Junction: Provided, That the Federal
share shall be 80 percent of the total cost of the project and
funds shall remain available until expended.
Sec. 176. Notwithstanding any other provision of law, any
unobligated funds designated to the Oklahoma Transit
Association on pages 1305 through 1307 of the Joint Explanatory
Statement of the Committee of Conference for Public Law 108-7
may be made available to the Metropolitan Tulsa Transit
Authority and the Central Oklahoma Transportation and Parking
Authority for any project or activity authorized under section
3037 of Public Law 105-178 upon receipt of an application.
Sec. 177. Notwithstanding 49 U.S.C. 5336, any funds
remaining available under Federal Transit Administration grant
numbers NY-03-345-00, NY-03-0325-00, NY-03-0405, NY-90-X398-00,
NY-90-X373-00; NY-90-X418-00, NY-90-X465-00 together with an
amount not to exceed $19,200,000 in urbanized area formula
funds that were allocated by the New York Metropolitan
Transportation Council to the New York City Department of
Transportation as a designated recipient under 49 U.S.C. 5307
may be made available to the New York Metropolitan
Transportation Authority for eligible capital projects
authorized under 49 U.S.C. 5307 and 5309 subject to the
agreements, obligations, and responsibilities as set forth in
the contracts of assistance applicable to these grants.
Sec. 178. Hereafter, fixed guideway extensions and new
segments included in Metropolitan Transit Authority of Harris
County, Texas, Resolutions 2003-77 and 2003-93, and approved by
the voters on November 4, 2003, shall be considered as the
preferred alternatives for purposes of 49 USC 5309(e)(1)(A), 23
CFR 771.123, and 49 CFR 611.7.
Sec. 179. Of the funds made available under the heading
``Federal Transit Administration--Discretionary Grants'' in
Public Laws 102-388 and 103-122 for the Hawthorne-Warwick
Commuter Rail Project, $4,000,000 shall be available for the
Scranton, Pennsylvania, NY City Rail Service Fixed Guideway
Project to be carried out in accordance with 49 U.S.C. 5309,
$1,100,000 shall be made available to study the feasibility of
utilizing diesel multiple unit rolling stock on MOS-3 of the
Hudson Bergen Light Rail Transit System to be carried out in
accordance with 49 U.S.C. 5309, and $6,000,000 shall be
transferred to the Federal Railroad Administration and made
available for the New York and Susquehanna and Western Rail
Road Diesel Multiple Unit Compliance and Demonstration Project
to be carried out under terms and conditions as determined by
the Secretary: Provided, That the Federal share shall be 80
percent of the net project cost of that demonstration project
and funds for that project shall remain available until
expended.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $15,900,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That, of this amount, $1,500,000 shall be for the
concrete replacement project and related expenses at the
Eisenhower and Snell Locks.
Maritime Administration
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training
activities authorized by law, $109,478,000, of which
$23,753,000 shall remain available until September 30, 2005,
for salaries and benefits of employees of the United States
Merchant Marine Academy; of which $13,138,000 shall remain
available until expended for capital improvements at the United
States Merchant Marine Academy; and of which $8,090,000 shall
remain available until expended for the State Maritime Schools
Schoolship Maintenance and Repair.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $21,616,000, to remain available until
expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the guaranteed
loan program, not to exceed $4,764,000, which shall be
transferred to and merged with the appropriation for Operations
and Training: Provided, That of the $25,000,000 authorized for
the cost of guaranteed loans in Chapter 10 of Public Law 108-
11, Making Emergency Wartime Supplemental Appropriations for
the Fiscal Year 2003, and for Other Purposes, available until
September 30, 2005, and pursuant to the Department of
Transportation Inspector General report CR-2004-095 certifying
that the recommendations of report CR-2003-031 have been
implemented to the Inspector General's satisfaction, up to
$2,000,000 shall be used by the Department of Transportation to
develop a comprehensive computer based financial monitoring
system.
NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM
For necessary expenses to carry out the program of
financial assistance for the construction of new product tank
vessels as authorized by section 53101 of title 46, United
States Code, as amended, $75,000,000, to remain available until
expended.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$1,979,000 are rescinded.
GENERAL PROVISIONS--MARITIME ADMINISTRATION
Sec. 180. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefore shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
Sec. 181. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in any
prior appropriations Act.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $47,115,000, of
which $645,000 shall be derived from the Pipeline Safety Fund,
and of which $3,425,000 shall remain available until September
30, 2007: Provided, That up to $1,200,000 in fees collected
under 49 U.S.C. 5108(g) shall be deposited in the general fund
of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance
of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107, and
to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $69,769,000, of which $15,000,000 shall
be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 2007; of which $54,769,000
shall be derived from the Pipeline Safety Fund, of which
$23,105,000 shall remain available until September 30, 2007:
Provided further, That not less than $1,000,000 of the funds
provided under this heading shall be for the one-call state
grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2006: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2005 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals
other than the Secretary of Transportation, or his designee.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $59,000,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3) to investigate allegations of fraud, including
false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the
Department: Provided further, That the funds made available
under this heading shall be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by
domestic and foreign air carriers and ticket agents; and (2)
the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
Surface Transportation Board
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $21,250,000:
Provided, That notwithstanding any other provision of law, not
to exceed $1,050,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2005, to result in
a final appropriation from the general fund estimated at no
more than $20,200,000.
General Provisions--Department of Transportation
(INCLUDING TRANSFERS OF FUNDS)
Sec. 185. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 186. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 187. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
Sec. 188. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 189. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 190. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Transit
Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to 49 U.S.C. 20105.
Sec. 191. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to
allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment
to the Department of an amount determined by the Secretary.
Sec. 192. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any discretionary grant award, letter of intent, or full
funding grant agreement totaling $1,000,000 or more is
announced by the department or its modal administrations from:
(1) any discretionary grant program of the Federal Highway
Administration other than the emergency relief program; (2) the
airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall
involve funds that are not available for obligation.
Sec. 193. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 194. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by
the Department of Transportation in recovering improper
payments; and
(2) to pay contractors for services provided in
recovering improper payments: Provided, That amounts in
excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with
the appropriation from which the improper
payments were made, and shall be available for
the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided, That prior
to the transfer of any such recovery to an
appropriations account, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for
such transfer: Provided further, That for
purposes of this section, the term ``improper
payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-
300.
Sec. 195. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries and
expenses'' to ``Minority Business Outreach''.
Sec. 196. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Sec. 197. Funds provided in this Act for the Working
Capital Fund shall be reduced by $20,844,000, which limits
fiscal year 2005 Working Capital Fund obligational authority
for elements of the Department of Transportation funded in this
Act to no more than $130,210,000: Provided, That such
reductions from the budget request shall be allocated by the
Department of Transportation to each appropriations account in
proportion to the amount included in each account for the
Working Capital Fund.
Sec. 198. For the purpose of any applicable law, for
fiscal years 2004 and 2005, the city of Norman, Oklahoma, shall
be considered to be part of the Oklahoma City urbanized area.
Sec. 199. Section 41716(b) of title 49, United States Code,
is amended by adding before the period at the end the
following: ``; except that the Secretary may grant not to
exceed 4 additional slot exemptions at LaGuardia Airport to an
incumbent air carrier operating at least 20 but not more than
28 slots at such airport as of October 1, 2004, to provide air
transportation between LaGuardia Airport and a small hub
airport or nonhub airport''.
TITLE II
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $157,559,000, of which not to exceed $7,274,000 for
executive direction program activities; not to exceed
$7,200,000 for general counsel program activities; not to
exceed $31,657,000 for economic policies and programs
activities; not to exceed $26,072,000 for financial policies
and programs activities; not to exceed $10,633,000 for
terrorism and financial intelligence policies and programs
activities; not to exceed $16,760,000 for Treasury-wide
management policies and programs activities; not to exceed
$57,963,000 for administration programs activities: Provided,
That the Secretary of the Treasury is authorized to transfer
funds appropriated for any program activity of the Departmental
Offices to any other program activity of the Departmental
Offices upon notification to the House and Senate Committees on
Appropriations: Provided further, That no appropriation for any
program activity shall be increased or decreased by more than
2.5 percent by all such transfers: Provided further, That any
change in funding greater than 2.5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations: Provided further, That the funds identified
within the administration program activity to support the
Office of Foreign Assets Control shall be transferred to
``Office of Foreign Assets Control'': Provided further, That
this transfer authority shall be in addition to any other
provided in this Act: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to
remain available until September 30, 2006, for information
technology modernization requirements; not to exceed $100,000
for official reception and representation expenses; and not to
exceed $258,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Secretary of the Treasury and to be accounted for solely on his
certificate: Provided further, That of the amount appropriated
under this heading, $3,393,000, to remain available until
September 30, 2006, is for the Treasury-wide Financial
Statement Audit Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's
offices and bureaus to conduct audits: Provided further, That
this transfer authority shall be in addition to any other
provided in this Act.
OFFICE OF FOREIGN ASSETS CONTROL
SALARIES AND EXPENSES
For necessary expenses of the Office of Foreign Assets
Control, $22,291,000: Provided, That the funding available
shall support no less than 138 full time equivalent positions.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data
processing equipment, software, and services for the Department
of the Treasury, $32,260,000, to remain available until
September 30, 2007: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and
other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated shall be used to support or supplement ``Internal
Revenue Service, Information Systems'' or ``Internal Revenue
Service, Business Systems Modernization''.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, not to exceed $2,000,000 for official travel
expenses, including hire of passenger motor vehicles; and not
to exceed $100,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General of the Treasury, $16,500,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed 150
for replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; not to exceed
$6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the
Inspector General for Tax Administration, $129,126,000; and of
which not to exceed $1,500 shall be available for official
reception and representation expenses.
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public Law
107-42), $2,000,000, to remain available until expended.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
For the repair, alteration, and improvement of the
Treasury Building and Annex, $12,316,000, to remain available
until September 30, 2007.
EXPANDED ACCESS TO FINANCIAL SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$4,000,000 are rescinded.
VIOLENT CRIME REDUCTION PROGRAM
(RESCISSION)
Of the unobligated balances available under this heading,
$1,200,000 are rescinded.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $72,502,000, of which $7,500,000 shall be
available for BSA Direct; of which not to exceed $7,000,000
shall remain available until September 30, 2007; and of which
$8,354,000 shall remain available until September 30, 2006:
Provided, That funds appropriated in this account may be used
to procure personal services contracts: Provided further, That
up to $350,000 of the funds under this heading may be available
for planning, sponsoring, administering, receiving, and such
other expenses as the Director deems necessary, including
reception and representation expenses, to host the 2005 Annual
Plenary of the Egmont Group.
Financial Management Service
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$230,930,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2007, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $83,000,000; of which not to exceed $6,000 for
official reception and representation expenses; not to exceed
$50,000 for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2005 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$24,000,000.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt
issues of the United States, $179,566,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed $2,000,000
shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein from
the General Fund for fiscal year 2005 shall be reduced by not
more than $4,400,000 as definitive security issue fees and
Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2005
appropriation from the general fund estimated at $175,166,000.
In addition, $60,000 to be derived from the Oil Spill Liability
Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Internal Revenue Service
PROCESSING, ASSISTANCE, AND MANAGEMENT
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$4,089,574,000, of which up to $4,100,000 shall be for the Tax
Counseling for the Elderly Program, of which $8,000,000 shall
be available for low-income taxpayer clinic grants, and of
which not to exceed $25,000 shall be for official reception and
representation expenses.
TAX LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service
for determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer
service and public outreach programs, strengthened enforcement
activities, and enhanced research efforts to reduce erroneous
filings associated with the earned income tax credit; compiling
statistics of income and conducting compliance research;
purchase (for police-type use, not to exceed 850) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Commissioner, $4,398,729,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2007, for
research: Provided, That up to $10,000,000 may be transferred
as necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS Information
Systems appropriation solely for the purposes of management of
the Earned Income Tax Credit compliance program and to
reimburse the Social Security Administration for the cost of
implementing section 1090 of the Taxpayer Relief Act of 1997
(Public Law 105-33): Provided further, That this transfer
authority shall be in addition to any other transfer authority
provided in this Act.
INFORMATION SYSTEMS
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $1,590,492,000,
of which $200,000,000 shall remain available until September
30, 2006.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service,
$205,000,000, to remain available until September 30, 2007, for
the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with
operations authorized by 5 U.S.C. 3109: Provided, That none of
these funds may be obligated until the Internal Revenue Service
submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
Circular A-11 part 3; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's
enterprise life cycle methodology; (4) is approved by the
Internal Revenue Service, the Department of the Treasury, and
the Office of Management and Budget; (5) has been reviewed by
the Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $34,841,000.
GENERAL PROVISIONS--INTERNAL REVENUE SERVICE
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to
exceed 3 percent of appropriations under the heading ``Tax Law
Enforcement'' may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the
Committees on Appropriations.
Sec. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
General Provisions--Department of the Treasury
Sec. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations
in this Act made available to the Departmental Offices--
Salaries and Expenses, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the Public
Debt, may be transferred between such appropriations upon the
advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 213. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary may
delegate this authority to the Assistant Secretary for
Management.
Sec. 214. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer
funds from ``Financial management service, salaries and
expenses'' to ``Debt services'' as necessary to cover the costs
of debt collection: Provided, That such amounts shall be
reimbursed to such salaries and expenses account from debt
collections received in the Debt Services Account.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``6 years'' and
inserting ``7 years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial Services
and the Senate Committee on Banking, Housing, and Urban
Affairs.
Sec. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; the
House Committee on Appropriations; and the Senate Committee on
Appropriations.
Sec. 219. Section 101(f) of the Treasury Department
Appropriations Act, 1997 (division A of Public Law 104-208), as
amended, is further amended by striking ``hereby'' and ``until
October 1, 2004,'' and inserting ``Hereafter'' before the
phrase ``there is established''.
Sec. 220. (a) Section 3333 of title 31, United States Code,
is amended as follows:
(1) By revising paragraph (a)(1) to read as
follows:
``(a)(1) The Secretary of the Treasury is not liable for a
payment made by the Secretary or depositary in due course and
without negligence, of--
``(A) a check, draft, or warrant drawn on the
Treasury or the depositary;
``(B) an electronic payment issued by the Treasury
or the depositary; and
``(C) a debt obligation guaranteed or assumed by
the United States Government.'';
(2) By inserting after paragraph (a)(2) the following new
paragraph:
``(3) The amount of the relief shall be charged to the
Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or
repayment of a loss for which replacement is made out of the
fund shall be credited to the fund and is available for the
purposes for which the fund was established.''.
(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall
be available to fund amounts relating to the payment of items
listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the
enactment of this Act.
Sec. 221. Not later than 60 days after enactment of this
Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a report describing how statutory
provisions addressing currency manipulation by America's
trading partners contained in, and relating to, Title 22 U.S.C.
5304, 5305, and 286y can be better clarified administratively
to provide for improved and more predictable evaluation, and to
enable the problem of currency manipulation to be better
understood by the American people and the Congress.
Sec. 222. Hereafter, notwithstanding any other provision of
law governing the disclosure of income tax returns or return
information, upon written request of the Chairman of the House
or Senate Committee on Appropriations, the Commissioner of the
Internal Revenue Service shall allow agents designated by such
Chairman access to Internal Revenue Service facilities and any
tax returns or return information contained therein.
Sec. 223. Terrorism and Financial Intelligence. (a) In
General.--Subchapter I of chapter 3 of title 31, United States
Code, is amended by adding at the end the following:
``Sec. 313. Terrorism and financial intelligence
``(a) Office of Terrorism and Financial Intelligence.--
``(1) Establishment.--There is established within
the Department of the Treasury the Office of Terrorism
and Financial Intelligence (in this section referred to
as `OTFI'), which shall be the successor to any such
office in existence on the date of enactment of this
section.
``(2) Leadership.--
``(A) Undersecretary.--There is established
within the Department of the Treasury, the
Office of the Undersecretary for Terrorism and
Financial Crimes, who shall serve as the head
of the OTFI, and shall report to the Secretary
of the Treasury through the Deputy Secretary of
the Treasury. The Office of the Undersecretary
for Terrorism and Financial Crimes shall be the
successor to the Office of the Undersecretary
for Enforcement.
``(B) Appointment.--The Undersecretary for
Terrorism and Financial Crimes shall be
appointed by the President, by and with the
advice and consent of the Senate.
``(3) Assistant secretary for terrorist
financing.--
``(A) Establishment.--There is established
within the OTFI the position of Assistant
Secretary for Terrorist Financing.
``(B) Appointment.--The Assistant Secretary
for Terrorist Financing shall be appointed by
the President, by and with the advice and
consent of the Senate.
``(C) Duties.--The Assistant Secretary for
Terrorist Financing shall be responsible for
formulating and coordinating the counter
terrorist financing and anti-money laundering
efforts of the Department of the Treasury, and
shall report directly to the Undersecretary for
Terrorism and Financial Crimes.
``(4) Functions.--The functions of the OTFI include
providing policy, strategic, and operational direction
to the Department on issues relating to--
``(A) implementation of titles I and II of
the Bank Secrecy Act;
``(B) United States economic sanctions
programs;
``(C) combating terrorist financing;
``(D) combating financial crimes, including
money laundering, counterfeiting, and other
offenses threatening the integrity of the
banking and financial systems;
``(E) other enforcement matters;
``(F) those intelligence analysis and
coordination functions described in subsection
(b); and
``(G) the security functions and programs
of the Department of the Treasury.
``(5) Reports to congress on proposed measures.--
The Undersecretary for Terrorism and Financial Crimes
and the Assistant Secretary for Terrorist Financing
shall report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives not
later than 72 hours after proposing by rule,
regulation, order, or otherwise, any measure to
reorganize the structure of the Department for
combatting money laundering and terrorist financing,
before any such proposal becomes effective.
``(6) Other offices within otfi.--Notwithstanding
any other provision of law, the following offices of
the Department of the Treasury shall be within the
OTFI:
``(A) The Office of the Assistant Secretary
for Intelligence and Analysis, which shall
report directly to the Undersecretary for
Terrorism and Financial Crimes.
``(B) The Office of the Assistant Secretary
for Terrorist Financing, which shall report
directly to the Undersecretary for Terrorism
and Financial Crimes.
``(C) The Office of Foreign Assets Control
(in this section referred to as the `OFAC'),
which shall report directly to the
Undersecretary for Terrorism and Financial
Crimes.
``(D) The Executive Office for Asset
Forfeiture, which shall report to the
Undersecretary for Terrorism and Financial
Crimes.
``(E) The Office of Intelligence and
Analysis (in this section referred to as the
`OIA'), which shall report to the Assistant
Secretary for Intelligence and Analysis.
``(F) The Office of Terrorist Financing,
which shall report to the Assistant Secretary
for Terrorist Financing.
``(7) FinCEN.--
``(A) Reporting to undersecretary.--The
Financial Crimes Enforcement Network (in this
section referred to as `FinCEN'), a bureau of
the Department of the Treasury, shall report to
the Undersecretary for Terrorism and Financial
Crimes. The Undersecretary for Terrorism and
Financial Crimes may not redelegate its
reporting authority over FinCEN.
``(B) Office of compliance.--There is
established within FinCEN, an Office of
Compliance.
``(b) Office of Intelligence and Analysis.--
``(1) Assistant secretary for intelligence and
analysis.--The Assistant Secretary for Intelligence and
Analysis shall head the OIA.
``(2) Responsibilities.--The OIA shall be
responsible for the receipt, analysis, collation, and
dissemination of intelligence and counterintelligence
information related to the operations and
responsibilities of the entire Department of the
Treasury, including all components and bureaus of the
Department.
``(3) Primary functions.--The primary functions of
the OIA are--
``(A) to build a robust analytical
capability on terrorist finance by coordinating
and overseeing work involving intelligence
analysts in all components of the Department of
the Treasury, focusing on the highest
priorities of the Department, as well as
ensuring that the existing intelligence needs
of the OFAC and FinCEN are met; and
``(B) to provide intelligence support to
senior officials of the Department on a wide
range of international economic and other
relevant issues.
``(4) Other functions and duties.--The OIA shall--
``(A) carry out the intelligence support
functions that are assigned, to the Office of
Intelligence Support under section 311
(pursuant to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004);
``(B) serve in a liaison capacity with the
intelligence community; and
``(C) represent the Department in various
intelligence related activities.
``(5) Duties of the assistant secretary.--The
Assistant Secretary for Intelligence and Analysis shall
serve as the Senior Officer Intelligence Community, and
shall represent the Department in intelligence
community fora, including the NationalForeign
Intelligence Board committees and the Intelligence Community Management
Staff.
``(c) Delegation.--To the extent that any authorities,
powers, and responsibilities over enforcement matters delegated
to the Undersecretary for Terrorism and Financial Crimes, or
the positions of Assistant Secretary for Terrorism and
Financial Crimes, Assistant Secretary for Enforcement and
Operations, or Deputy Assistant Secretary for Terrorist
Financing and Financial Crimes, have not been transferred to
the Department of Homeland Security, the Department of Justice,
or the Assistant Secretary for Tax Policy (related to the
customs revenue functions of the Bureau of Alcohol and Tobacco
Tax and Trade), those remaining authorities, powers, and
responsibilities are delegated to the Undersecretary for
Terrorism and Financial Crimes.
``(d) Designation as Enforcement Organization.--The Office
of Terrorism and Financial Intelligence (including any
components thereof) is designated as a law enforcement
organization of the Department of the Treasury for purposes of
section 9703 of title 31, United States Code, and other
relevant authorities.
``(e) Use of Existing Resources.--The Secretary may employ
personnel, facilities, and other Department of the Treasury
resources available to the Secretary on the date of enactment
of this section in carrying out this section, except as
otherwise prohibited by law.
``(f) References.--References in this section to the
`Secretary', `Undersecretary', `Deputy Secretary', `Deputy
Assistant Secretary', `Office', `Assistant Secretary', and
`Department' are references to positions and offices of the
Department of the Treasury, unless otherwise specified.''.
(b) Conforming Amendments.--
(1) Title 31.--Section 311 of title 31, United
States Code, is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1)
and (2) as paragraphs (2) and (3),
respectively; and
(ii) by inserting before paragraph
(2), as so redesignated, the following:
``(1) be within the Office of Terrorism and
Financial Intelligence;''; and
(B) in subsection (b), by striking
``Enforcement'' and inserting ``Terrorism and
Financial Crimes''.
(2) Other office abolished.--The Office of the
Undersecretary for Enforcement of the Department of the
Treasury, established in accordance with section 103 of
the Treasury Department Appropriations Act, 1994
(Public Law 103-123) is abolished, and all rights,
duties, and responsibilities of that office are
transferred on the date of enactment of this Act to the
Office of the Undersecretary for Terrorism and
Financial Crimes of the Department of the Treasury in
accordance with this section and the amendments made by
this section, except as otherwise specifically provided
in this section or the amendments made by this section,
or other applicable law.
TITLE III
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to section 1552 of title 31, United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, teletype
news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to
exceed $19,000 for official entertainment expenses, to be
available for allocation within the Executive Office of the
President, $62,000,000: Provided, That of the funds
appropriated under this heading, up to $9,975,000 shall be
available for reimbursements to the White House Communications
Agency: Provided further, That of the funds appropriated under
this heading, $2,475,000 shall be for the Homeland Security
Council.
Executive Residence at the White House
OPERATING EXPENSES
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $12,760,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717 of
title 31, United States Code: Provided further, That each such
amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That the Executive Residence shall
prepare and submit to the Committees on Appropriations, by not
later than90 days after the end of the fiscal year covered by
this Act, a report setting forth the reimbursable operating expenses of
the Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists
of reimbursable official and ceremonial events, the amount of such
total that consists of reimbursable political events, and the portion
of each such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,900,000, to remain
available until expended, for required maintenance, safety and
health issues, and continued preventative maintenance.
Council of Economic Advisers
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021), $4,040,000.
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $2,300,000.
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $8,932,000.
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $92,269,000, of
which $12,075,000 shall remain available until expended for the
Capital Investment Plan for continued modernization of the
information technology infrastructure within the Executive
Office of the President: Provided, That $4,000,000 of Capital
Investment Plan funds may not be obligated until the Executive
Office of the President has submitted a report to the
Committees on Appropriations that includes an Enterprise
Architecture, as defined in OMB Circular A-130 and the Federal
Chief Information Officers Council guidance, that is reviewed
and approved by the Office of Management and Budget, reviewed
by the U.S. Government Accountability Office, and approved by
the Committees on Appropriations.
Office of Management and Budget
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $68,411,000, of
which not to exceed $1,500 shall be available for official
representation expenses: Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made except as otherwise
provided by law: Provided further, That none of the funds
appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none
of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or their subcommittees:
Provided further, That the preceding shall not apply to printed
hearings released by the Committees on Appropriations: Provided
further, That none of the funds appropriated in this Act may be
available to pay the salary or expenses of any employee of the
Office of Management and Budget who calculates, prepares, or
approves any tabular or other material that proposes the sub-
allocation of budget authority or outlays by the Committees on
Appropriations among their subcommittees: Provided further,
That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource project
or study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported. The Director of the Office of Management and Budget
shall notify the appropriate authorizing and Appropriations
Committees when the 60-day review is initiated. If water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days of the
end of the OMB review period based on the notification from the
Director, Congress shall assume OMB concurrence with the report
and act accordingly.
Office of National Drug Control Policy
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$27,000,000; of which $1,350,000 shall remain available until
expended for policy research and evaluation: Provided, That the
Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall remain
available until expended, consisting of $18,000,000 for
counternarcotics research and development projects, and
$24,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$228,350,000, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas, of which no less than 51 percent shall
be transferred to State and local entities for drug control
activities, which shall be obligated within 120 days of the
date of the enactment ofthis Act: Provided, That up to 49
percent, to remain available until September 30, 2006, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,000,000 shall be
used for auditing services and associated activities, and at least
$500,000 of the $2,000,000 shall be used to develop and implement a
data collection system to measure the performance of the High Intensity
Drug Trafficking Areas Program: Provided further, That High Intensity
Drug Trafficking Areas Programs designated as of September 30, 2004,
shall be funded at no less than the fiscal year 2004 initial allocation
levels unless the Director submits to the Committees on Appropriations,
and the Committees approve, justification for changes in those levels
based on clearly articulated priorities for the High Intensity Drug
Trafficking Areas Programs, as well as published Office of National
Drug Control Policy performance measures of effectiveness: Provided
further, That a request shall be submitted in compliance with the
reprogramming guidelines to the Committees on Appropriations for
approval prior to the obligation of funds of an amount in excess of the
fiscal year 2005 budget request: Provided further, That not to exceed
$2,000,000 of the funds made available under this heading in excess of
the fiscal year 2005 budget request shall be available for the
Consolidated Priority Organization Target program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $213,700,000, to remain available until
expended, of which the following amounts are available as
follows: $120,000,000 to support a national media campaign, as
authorized by the Drug-Free Media Campaign Act of 1998;
$80,000,000 to continue a program of matching grants to drug-
free communities, of which $2,000,000 shall be a directed grant
to the Community Anti-Drug Coalitions of America for the
National Community Anti-Drug Coalition Institute, as authorized
in chapter 2 of the National Narcotics Leadership Act of 1988,
as amended; $2,000,000 for the Counterdrug Intelligence
Executive Secretariat; $750,000 for the National Drug Court
Institute; $1,000,000 for the National Alliance for Model State
Drug Laws; $7,500,000 for the United States Anti-Doping Agency
for anti-doping activities; $1,450,000 for the United States
membership dues to the World Anti-Doping Agency; and $1,000,000
for evaluations and research related to National Drug Control
Program performance measures: Provided, That such funds may be
transferred to other Federal departments and agencies to carry
out such activities: Provided further, That of the amounts
appropriated for a national media campaign, not to exceed 10
percent shall be for administration, advertising production,
research and testing, labor and related costs of the national
media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
Special Assistance to the President
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,571,000.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official entertainment
expenses of the Vice President, to be accounted for solely on
his certificate, $333,000: Provided, That advances or
repayments or transfers from this appropriation may be made to
any department or agency for expenses of carrying out such
activities.
TITLE IV
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
SALARIES AND EXPENSES
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,686,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds
received for publications and training expenses.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote
Act of 2002, $14,000,000, of which $2,800,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under the
Help America Vote Act of 2002.
Federal Election Commission
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended, $52,159,000,
of which no less than $4,700,000 shall be available for
internal automated data processing systems, and of which not to
exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $25,673,000: Provided, That public
members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
(RESCISSION)
Of the unobligated balances under this heading from prior
year appropriations, $3,000,000 are rescinded.
Federal Maritime Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $19,496,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property andAdministrative
Services Act of 1949, as amended (40 U.S.C. 592), the revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$7,217,043,000, of which: (1) $708,542,000 shall remain available until
expended for construction (including funds for sites and expenses and
associated design and construction services) of additional projects at
the following locations:
New Construction:
California:
Los Angeles, Federal Bureau of
Investigation Facility, $14,054,000
Los Angeles, United States Courthouse,
$314,385,000
San Diego, United States Courthouse,
$3,068,000
District of Columbia:
Southeast Federal Center Site Remediation,
$2,650,000
Illinois:
Chicago, 10 West Jackson Place (Purchase),
$53,170,000
Maine:
Calais, Border Station, $3,269,000
Madawaska, Border Station, $1,760,000
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $88,710,000
Minnesota:
Warroad, Border Station, $1,837,000
New Mexico:
Las Cruces, United States Courthouse,
$60,600,000
New York:
Alexandria Bay, Border Station, $8,884,000
Massena, Border Station, $15,000,000
North Dakota:
Dunseith, Border Station, $2,301,000
Portal, Border Station, $22,351,000
Texas:
El Paso, Paso Del Norte Border Station,
$26,191,000
El Paso, United States Courthouse,
$63,462,000
El Paso, Ysleta Border Station, $2,491,000
Vermont:
Derby Line, Border Station, $3,190,000
Norton, Border Station, $580,000
Richford, Border Station, $589,000
Nonprospectus Construction, $10,000,000
Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to exceed
10 percent of the amounts included in an approved prospectus,
if required, unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That all funds for direct construction projects shall
expire on September 30, 2006, and remain in the Federal
Buildings Fund except for funds for projects as to which funds
for design or other funds have been obligated in whole or in
part prior to such date; (2) $980,222,000 shall remain
available until expended for repairs and alterations, which
includes associated design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building,
$5,000,000
Federal Office Building 6, $8,267,000
Hoover FBI Building, $10,242,000
Mary E. Switzer Building, $80,335,000
New Executive Office Building, $6,262,000
Steam Distribution System, $2,000,000
Theodore Roosevelt Building, $9,730,000
Georgia:
Atlanta, Martin Luther King, Jr. Federal
Building, $14,800,000
Atlanta, United States Court of Appeals,
$32,004,000
Hawaii:
Hilo, Federal Building, $5,133,000
Louisiana:
New Orleans, Boggs Federal Building,
$22,581,000
New Orleans, Wisdom Courthouse of Appeals,
$8,005,000
Maryland:
Baltimore, George H. Fallon Federal
Building, $46,163,000
Suitland, National Record Center,
$7,989,000
Woodlawn, SSA Altmeyer Building, $6,300,000
Minnesota:
St. Paul, Warren E. Burger Federal
Building--Courthouse, $36,644,000
Missouri:
Kansas City, Richard Bolling Federal
Building, $40,048,000
New York:
New York, Foley Square Courthouse,
$2,505,000
Queens, Joseph P. Addabbo Federal Building,
$5,455,000
Ohio:
Cincinnati, Potter Stewart Courthouse,
$37,975,000
Cleveland, Celebreeze Federal Building,
$37,375,000
Washington:
Seattle, William Nakamura Courthouse,
$50,210,000
Special Emphasis Programs:
Chlorofluorocarbons Program, $13,000,000
Energy Program, $30,000,000
Glass Fragment Retention, $20,000,000
Design Program, $48,699,000
Basic Repairs and Alterations, $393,500,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in this
or any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided in
this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any
projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30,
2006 and remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $161,442,000 for
installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$3,657,315,000 for rental of space which shall remain available
until expended; and (5) $1,709,522,000 for building operations
which shall remain available until expended: Provided further,
That funds available to the General Services Administration
shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a
prospectus, if required by the Public Buildings Act of 1959, as
amended, has not been approved, except that necessary funds may
be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That
funds available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained from
the Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the Administrator
of General Services is authorized and directed to proceed with
site acquisition, design, and subject to availability of funds,
construction and management and inspection, of a new Federal
Building in Tuscaloosa, Alabama for which funds for site
acquisition and design were provided in Public Law 108-199:
Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to
provide such reimbursable fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during
fiscal year 2005, excluding reimbursements under section
210(f)(6) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate
new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; and services as authorized by 5 U.S.C. 3109,
$62,100,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; providing Internet access to Federal information and
services; agency-wide policy direction and management, and
Board of Contract Appeals; accounting, records management, and
other support services incident to adjudication of Indian
Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses,
$92,175,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $42,351,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $3,000,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and justification for each
project to be undertaken has been submitted to the Committees
on Appropriations.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$3,106,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING RESCISSION OF FUNDS)
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep, repair,
and improvement, included as part of rentals received from
Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 2005 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the
Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2006 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved by
the General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget; and
(2) does not reflect the priorities of the Judicial Conference
of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2006 request
must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in compliance with the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 406. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations.
Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of General Services may sell the Middle River
Depot at Middle River, Maryland, and credit the proceeds of
such sale as offsetting collections to the Federal Buildings
Fund, to be available, in addition to amounts otherwise
appropriated for such Fund, for such capital activities of the
Fund as the Administrator may deem appropriate: Provided, That
the Administrator shall, to the maximum extent practicable,
cooperate and consult with Baltimore County, Maryland officials
and other interested persons in communities located near the
Middle River Depot so that the sale and use of the property is
compatible with local economic development plans and is not
inconsistent with local land use, environmental and zoning
laws.
Sec. 408. Section 572(a)(2)(ii) of title 40, United States
Code, is amended by inserting the following before the period:
``, highest and best use of property studies, utilization of
property studies, deed compliance inspection, and the expenses
incurred in a relocation''.
Sec. 409. Of the amounts made available under the heading
``Federal Buildings Fund'' for New Construction and Repairs and
Alterations in this or any prior Act, a total amount of
$106,000,000 are rescinded: Provided, That the Administrator of
General Services shall notify the Appropriations Committees of
the House of Representatives and Senate of the specific
projects, or parts thereof, from which funds have been
rescinded within 30 days of enactment of this Act.
Sec. 410. In order to address heightened security
requirements for the proposed Moss United States Courthouse
Annex project, the Administrator of General Services is
authorized to acquire and demolish the real property, including
land and improvements, located in Salt Lake City, Utah, at the
corner of 400 South Street and West Temple, said land and
improvements commonly known as the Shubrick Building; to use
previously appropriated project funds to immediately initiate
compliance procedures in accordance with the National Historic
Preservation Act and the National Environmental Policy Act; and
to redesign the proposed courthouse expansion to incorporate
this new site.
Sec. 411. Conveyance of Land to the Recreation and Park
Commission for the Parish of East Baton Rouge, Louisiana. (a)
Conveyance.--Not later than 60 days after the date of enactment
of this Act, the Postmaster General of the United States Postal
Service shall convey, for the consideration specified in
subsection (b), the land described in subsection (d), including
any improvements thereon, to the General Services
Administration.
(b) Purchase Price.--Upon the conveyance described in
subsection (a), the Administrator of General Services shall pay
the United States Postal Service a purchase price equaling the
fair market value not to exceed $975,000, which price may be
paid by cash or credited to the existing USPS/GSA property swap
program.
(c) Reconveyance.--Not later than 10 days after the
conveyance described in subsection (a), the Administrator of
General Services shall convey, without consideration by
quitclaim deed and without recourse, the land described in
subsection (d), including any improvements thereon, to the
Recreation and Park Commission for the Parish of East Baton
Rouge, Louisiana, for use as a downtown park or for other
public purposes.
(d) Description of Property.--The land referred to in
subsections (a) and (c) is the property formerly used as the
Main Postal Office Carrier Annex in Baton Rouge, Louisiana and
located at 750 Florida Street. This land is situated north of
Convention Street, south of Florida Street and west of 7th
Street. This land comprises approximately 27,500 square feet
and is improved by a one-story building.
Sec. 412. Notwithstanding any other provision of law, the
Administrator of General Services may convey, by sale, lease,
exchange or otherwise, including through leaseback
arrangements, real and related personal property, or interests
therein, and retain the net proceeds of such dispositions in an
account within the Federal Buildings Fund to be used for the
General Services Administration's real property capital needs:
Provided, That all net proceeds realized under this section
shall only be expended as authorized in annual appropriations
Acts: Provided further, That for the purposes of this section,
the term ``net proceeds'' means the rental and other sums
received less the costs of the disposition, and the term ``real
property capital needs'' means any expenses necessary and
incident to the agency's real property capital acquisitions,
improvements, and dispositions.
Sec. 413. Land Conveyance, Nahant, Massachusetts.--(a)
Conveyance Authorized.--Notwithstanding any other provision of
law, the Administrator of the General Services Administration
may sell all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, that is located at Castle Road, Gardner Road and
Goddard Drive in Nahant, Massachusetts to the Town of Nahant.
In the event a binding sales contract is not executed within 30
days of enactment the Administrator shall commence with a
public, competitive sale of the property.
(b) Consideration.--As consideration for conveyance under
subsection (a), the Town of Nahant shall pay, in a single lump
sum payment, $2,000,000.
(c) Deposit of Funds.--Notwithstanding any other provision
of law, the Administrator may deposit the net proceeds in the
Real Property Relocation account of the General Services
Administration. In the event proceeds exceed $2,000,000, the
net amount in excess of $2,000,000 shall be deposited in the
United States Coast Guard Housing Fund established under 14
U.S.C. Sec. 687.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Administrator. The cost of the survey shall be borne by the
purchaser.
(e) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United
States.
Sec. 414. None of the funds appropriated by this Act or any
other Act may be used after July 1, 2005 for the provision of
any telecommunications service for any federal government owned
building, unless such building is in compliance with a
regulation or Executive Order issued after the date of
enactment of this section that requires, to the extent deemed
appropriate by the President or his designee, the provision of
telecommunications services using redundant and physically
separate entry points to those buildings, and the use of
physically diverse local network facilities for the provision
of such telecommunications services.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $34,677,000 together with not to exceed
$2,626,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of
1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain available
until expended, of which up to $50,000 shall be used to conduct
financial audits pursuant to the Accountability of Tax Dollars
Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of
such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations
Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $1,309,000, to remain
available until expended.
National Archives and Records Administration
OPERATING EXPENSES
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities, as
provided by law, and for expenses necessary for the review and
declassification of documents, and for the hire of passenger
motor vehicles, $266,945,000: Provided, That the Archivist of
the United States is authorized touse any excess funds
available from the amount borrowed for construction of the National
Archives facility, for expenses necessary to provide adequate storage
for holdings.
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $35,914,000.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$13,432,000, to remain available until expended, of which
$3,000,000 is for site preparation and construction management
to construct a new regional archives and records facility in
Anchorage, Alaska, and of which $2,000,000 is for the repair
and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library that is under the joint control
and custody of the University of Texas: Provided, That such
funds may be transferred directly to the University and used,
together with University funds, for repair and restoration of
the plaza and remain available until expended for this purpose.
National Historical Publications and Records Commission
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, as amended, $5,000,000, to remain available until
expended.
National Transportation Safety Board
SALARIES AND EXPENSES
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902) $76,700,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses.
(RESCISSION)
Of the available unobligated balances made available under
Public Law 106-246, $8,000,000 are rescinded.
Office of Government Ethics
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $11,238,000.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his
or her post of duty, $125,500,000, of which $12,000,000 shall
remain available until September 30, 2007; and in addition
$128,462,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs, of which $27,640,000 shall remain available
until expended for the cost of automating the retirement
recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(1)(A) and (2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining Unit
of the Office of Personnel Management established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2005, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $1,627,000, and in addition,
not to exceed $16,461,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, as amended,
and the Act of August 19, 1950, as amended (33 U.S.C. 771-775),
may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994
(Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental
of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $15,449,000.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$90,709,000, of which $61,709,000 shall not be available for
obligation until October 1, 2005: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural delivery
of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the
Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any
individual participating in a State or local program of child
support enforcement, a fee for information requested or
provided concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices in fiscal year 2005.
EMERGENCY PREPAREDNESS
For an additional amount for ``Payment to the Postal
Service Fund'' for emergency expenses to enable the Postal
Service to protect postal employees and postal customers from
exposure to hazardous materials in the mail, $507,000,000, to
remain available until expended: Provided, that the Postal
Service shall submit a spending plan for funds under this
heading to the Office of Management and Budget and the House
and Senate Committees on Appropriations: Provided further, That
the Government Accountability Office shall review the spending
plan and capabilities of the systems to detect hazardous
materials: Provided further, That $7,000,000 is for the mail
irradiation facility in Washington, D.C.: Provided further,
That the $7,000,000 specified for the mail irradiation facility
is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress)
and applicable to the Senate by section 14007 of Public Law
108-287.
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $41,180,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE V
GENERAL PROVISIONS
This Act
(INCLUDING TRANSFERS OF FUNDS)
Sec. 501. Such sums as may be necessary for fiscal year
2005 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 502. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 503. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 504. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 506. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930.
Sec. 507. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling
a position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his period of
active military or naval service, and has within 90 days after
his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his former position
and has not been restored thereto.
Sec. 508. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy America Act'').
Sec. 509. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).
Sec. 510. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities
funded in this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts
in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committeeson Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget justifications
submitted to the Committees on Appropriations or the table accompanying
the Statement of the Managers accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than 60 days
after the date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committee on Appropriations of the Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 511. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2005 from appropriations
made available for salaries and expenses for fiscal year 2005
in this Act, shall remain available through September 30, 2006,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations for approval prior to the expenditure of such
funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 512. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 513. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect
to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
Sec. 514. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office pursuant
to court approval.
Sec. 515. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 516. The provision of section 515 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 517. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title
40, United States Code, that is a commercial item (as defined
in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)).
Sec. 518. Public Law 108-199 is amended in Division H,
section 161, by inserting ``and all Federal agencies'' after
``Office of Management and Budget''.
Sec. 519. None of the funds made available in this Act may
be used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination
that real estate brokerage is an activity that is
financial in nature or incidental to a financial
activity published in the Federal Register on January
3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section
1501.2 of title 12 of the Code of Federal Regulations.
Sec. 520. Treatment of the Tennessee Valley Authority. The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended--
(1) in section 3(a)(42)(B) (15 U.S.C.
78c(a)(42)(B)), by inserting ``by the Tennessee Valley
Authority or'' after ``issued or guaranteed''; and
(2) by adding at the end the following new section:
``SEC. 37. TENNESSEE VALLEY AUTHORITY.
``(a) In General.--Commencing with the issuance by the
Tennessee Valley Authority of an annual report on Commission
Form 10-K (or any successor thereto) for fiscal year 2006 and
thereafter, the Tennessee Valley Authority shall file with the
Commission, in accordance with such rules and regulations as
the Commission has prescribed or may prescribe, such periodic,
current, and supplementary information, documents, and reports
as would be required pursuant to section 13 if the Tennessee
Valley Authority were an issuer of a security registered
pursuant to section 12. Notwithstanding the preceding sentence,
the Tennessee Valley Authority shall not be required to
register any securities under this title, and shall not be
deemed to have registered any securities under this title.
``(b) Limited Treatment as Issuer.--Commencing with the
issuance by the Tennessee Valley Authority of an annual report
on Commission Form 10-K (or any successor thereto) for fiscal
year 2006 and thereafter, the Tennessee Valley Authority shall
be deemed to be an issuer for purposes of section 10A, other
than for subsection (m)(1) or (m)(3) of section 10A. The
Tennessee Valley Authority shall not be required by this
subsection to comply with the rules issued by any national
securities exchange or national securities association in
response to rules issued by the Commission pursuant to section
10A(m)(1).
``(c) No Effect on TVA Authority.--Nothing in this section
shall be construed to diminish, impair, or otherwise affect the
authority of the Board of Directors of the Tennessee Valley
Authority to carry out its statutory functions under the
Tennessee Valley Authority Act of 1933.''.
Sec. 521. Section 307 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note) is amended by adding at the end the
following new subsection:
``(e) Docks, Waterfront Transportation Development, and
Related Infrastructure Projects.--The Secretary of
Transportation is authorized to make direct lump sum payments
to the Commission to construct docks, waterfront development
projects, and related transportation infrastructure, provided
the local community provides a ten percent non-federal match in
the form of any necessary land or planning and design funds. To
carry out this section, there is authorized to be appropriated
such sums as may be necessary.''.
Sec. 522. (a) Privacy Officer.--Each agency shall have a
Chief Privacy Officer to assume primary responsibility for
privacy and data protection policy, including--
(1) assuring that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of information in an
identifiable form;
(2) assuring that technologies used to collect,
use, store, and disclose information in identifiable
form allow for continuous auditing of compliance with
stated privacy policies and practices governing the
collection, use and distribution of information in the
operation of the program;
(3) assuring that personal information contained in
Privacy Act systems of records is handled in full
compliance with fair information practices as defined
in the Privacy Act of 1974;
(4) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(5) conducting a privacy impact assessment of
proposed rules of the Department on the privacy of
information in an identifiable form, including the type
of personally identifiable information collected and
the number of people affected;
(6) preparing a report to Congress on an annual
basis on activities of the Department that affect
privacy, including complaints of privacy violations,
implementation of section 552a of title 5, 11 United
States Code, internal controls, and other relevant
matters;
(7) ensuring that the Department protects
information in an identifiable form and information
systems from unauthorized access, use, disclosure,
disruption, modification, or destruction;
(8) training and educating employees on privacy and
data protection policies to promote awareness of and
compliance with established privacy and data protection
policies; and
(9) ensuring compliance with the Departments
established privacy and data protection policies.
(b) Establishing Privacy and Data Protection Procedures and
Policies.--
(1) In general.--Within 12 months of enactment of
this Act, each agency shall establish and implement
comprehensive privacy and data protection procedures
governing the agency's collection, use, sharing,
disclosure, transfer, storage and security of
information in an identifiable form relating to the
agency employees and the public. Such procedures shall
be consistent with legal and regulatory guidance,
including OMB regulations, the Privacy Act of 1974, and
section 208 of the E-Government Act of 2002.
(c) Recording.--Each agency shall prepare a written report
of its use of information in an identifiable form, along with
its privacy and data protection policies and procedures and
record it with the Inspector General of the agency to serve as
a benchmark for the agency. Each report shall be signed by the
agency privacy officer to verify that the agency intends to
comply with the procedures in the report. By signing the report
the privacy officer also verifies that the agency is only using
information in identifiable form as detailed in the report.
(d) Independent, Third-party Review.--
(1) In general.--At least every 2 years, each
agency shall have performed an independent, third party
review of the use of information in identifiable form
as the privacy and data protection procedures of the
agency to--
(A) determine the accuracy of the
description of the use of information in
identifiable form;
(B) determine the effectiveness of the
privacy and data protection procedures;
(C) ensure compliance with the stated
privacy and data protection policies of the
agency and applicable laws and regulations; and
(D) ensure that all technologies used to
collect, use, store, and disclose information
in identifiable form allow for continuous
auditing of compliance with stated privacy
policies and practices governing the
collection, use and distribution of information
in the operation of the program.
(2) Purposes.--The purposes of reviews under this
subsection are to--
(A) ensure the agency's description of the
use of information in an identifiable form is
accurate and accounts for the agency's current
technology and its processing of information in
an identifiable form.
(B) measure actual privacy and data
protection practices against the agency's
recorded privacy and data protection
procedures;
(C) ensure compliance and consistency with
both online and offline stated privacy and data
protection policies; and
(D) provide agencies with ongoing awareness
and recommendations regarding privacy and data
protection procedures.
(3) Requirements of review.--The Inspector General
of each agency shall contract with an independent,
third party that is a recognized leader in privacy
consulting, privacy technology, data collection and
data use management, and global privacy issues, to--
(A) evaluate the agency's use of
information in identifiable form;
(B) evaluate the privacy and data
protection procedures of the agency; and
(C) recommend strategies and specific steps
to improve privacy and data protection
management.
(4) Content.--Each review under this subsection
shall include--
(A) a review of the agency's technology,
practices and procedures with regard to the
collection, use, sharing, disclosure, transfer
and storage of information in identifiable
form;
(B) a review of the agency's stated privacy
and data protection procedures with regard to
the collection, use, sharing, disclosure,
transfer, and security of personal information
in identifiable form relating to agency
employees and the public;
(C) a detailed analysis of agency intranet,
network and Websites for privacy
vulnerabilities, including--
(i) noncompliance with stated
practices, procedures and policies; and
(ii) risks for inadvertent release
of information in an identifiable form
from the website of the agency.
(D) a review of agency compliance with this
Act.
(e) Report.--
(1) In general.--Upon completion of a review, the
Inspector General of an agency shall submit to the head
of that agency a detailed report on the review,
including recommendations for improvements or
enhancements to management of information in
identifiable form, and the privacy and data protection
procedures of the agency.
(2) Internet availability.--Each agency shall make
each independent third party review, and each report of
the Inspector General relating to that review available
to the public.
(f) Definition.--In this section, the definition of
``identifiable form'' is consistent with Public Law 107-347,
the E-Government Act of 2002, and means any representation of
information that permits the identity of an individual to whom
the information applies to be reasonably inferred by either
direct or indirect means.
Sec. 523. None of the funds made available under this Act
may be obligated or expended to establish or implement a pilot
program under which not more than 10 designated essential air
service communities located in proximity to hub airports are
required to assume 10 percent of their essential air subsidy
costs for a 4-year period commonly referred to as the EAS local
participation program.
Sec. 524. None of the funds made available in this Act may
be used by the Council of Economic Advisers to produce an
Economic Report of the President regarding the inclusion of
employment at a retail fast food restaurant as part of the
definition of manufacturing employment.
Sec. 525. Section 302(e)(3)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by
striking ``$1,000'' and inserting in its place ``$2,000''.
Sec. 526. The Former Presidents Act, 3 U.S.C. 102, note, is
amended to add the following at the end of Section 1(b):
``Amounts provided for `Allowances and Office Staff for Former
Presidents' may be used to pay fees of an independent
contractor who is not a member of the staff of the office of a
former President for the review of Presidential records of a
former President in connection with the transfer of such
records to the National Archives and Records Administration or
a Presidential Library without regard to the limitation on
staff compensation set forth herein.''.
Sec. 527. Of funds so made available in Items 18 and 19 of
the table contained in Section 3031 of Public Law 105-178,
$5,000,000 shall be available for the Buffalo, New York Inner
Harbor Redevelopment Project; of funds made available in Public
Law 104-50 for Crossroads Intermodal Station, New York,
$1,000,000 shall be available for the Buffalo Inner Harbor
Redevelopment Project; of the funds made available in Public
Law 104-205 for Crossroads Intermodal Station, New York,
$1,000,000 shall be available for the Buffalo, New York Inner
Harbor Redevelopment Project; of funds made available in Public
Law 106-346 for Buffalo, New York Intermodal facility, $500,000
shall be available for the Buffalo, New York Inner Harbor
Redevelopment Project; of funds made available in Public Law
108-7 for Buffalo Intermodal Transportation Center, $5,000,000
shall be available for the Buffalo, New York Inner Harbor
Redevelopment Project.
Sec. 528. Funds in this Act that are apportioned to the
Charleston Area Regional Transportation Authority to carry out
section 5307 of title 49, United States Code, may be used to
acquire land, equipment, or facilities used in public
transportation from another governmental authority in the same
geographic area: Provided, That the non-Federal share under
section 5307 may include revenues from the sale of advertising
and concessions.
Sec. 529. To the extent that funds remain available within
the current budget for the project, the Secretary shall amend
the Full Funding Grant Agreement for the Tri-Met Interstate
light rail extension in Portland, Oregon, to allow acquisition
of up to a total of twenty-four light rail vehicles.
Sec. 530. Section 1023(h) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 127 note;
Public Law 102-240 as amended by Section 347 of Public Law 108-
7) is amended in paragraph (1) by striking ``October 1, 2003''
and inserting ``October 1, 2005''.
Sec. 531. Unobligated funds in an amount not to exceed
$4,500,000 that were designated to the North Country County
Consortium, New York project in the conference report
accompanying Public Law 108-99 under the Job Access and Reverse
Commute Account shall be transferred to and administered under
the bus category of the Capital Investment Grants Account and
available for North Country Bus and Bus Related Equipment.
Sec. 532. Section 312a(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 439a(a)) is amended--
(1) by striking the ``or'' at the end of paragraph
(a)(3);
(2) by striking the period, and adding a semi-colon
at the end of paragraph (a)(4);
(3) by adding a new paragraph (a)(5) to read as
follows: ``(5) for donations to State and local
candidates subject to the provisions of State law;
or''; and
(4) by adding a new paragraph (a)(6) to read as
follows: ``(6) for any other lawful purpose unless
prohibited by subsection (b) of this section.''.
Sec. 533. From funds made available in this Act under the
headings ``White House Office'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``Office of Policy
Development'', ``National Security Council'', ``Office of
Administration'', ``Office of Management and Budget'', ``Office
of National Drug Control Policy'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such
other officer as the President may designate in writing), may,
fifteen days after giving notice to the House and Senate
Committees on Appropriations, transfer not to exceed ten
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than fifty percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
TITLE VI
GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2005 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act) by the officers and employees of such department, agency,
or instrumentality.
Sec. 603. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose
of this section, an affidavit signed by any such person shall
be considered prima facie evidence that the requirements of
this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information Agency,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 607. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13101 (September 14, 1998), including any such
programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 609. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to
any person for the filling of any position for which he or she
has been nominated after the Senate has voted not to approve
the nomination of said person.
Sec. 610. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and control
of the Postal Service, and such guards shall have, with respect
to such property, the powers of special policemen provided by
the first section of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take
the same actions as the Administrator of General Services may
take under the provisions of sections 2 and 3 of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the authority
and within the limits provided in section 4 of the Act of June
1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2005, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(1) during the period from the date of expiration
of the limitation imposed by the comparable section for
previous fiscal years until the normal effective date
of the applicable wage survey adjustment that is to
take effect in fiscal year 2005, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(2) during the period consisting of the remainder
of fiscal year 2005, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect
in fiscal year 2005 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2005 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2004, shall be
determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2004, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2004.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this section
at a rate in excess of the rate that would be payable were this
section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
Sec. 614. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such
department head, agency head, officer, or employee, or to
purchase furniture or make improvements for any such office,
unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 615. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 616. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Department of Homeland
Security, the Federal Bureau of Investigation and the
Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the
Department of the Treasury, and the Department of
Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or expend
any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all of
its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964, as amended, the
Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 618. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 619. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 620. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These restrictions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding paragraph, a
nondisclosure policy form or agreement that is to be executed
by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified
information received in the course of such activity unless
specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of
Justice that are essential to reporting a substantial violation
of law.
Sec. 621. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 622. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 623. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations.
Sec. 624. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofor authorized by
the Congress.
Sec. 625. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined under
section 102 of such title, the Postal Service, and the
Postal Rate Commission; and
(3) shall not include the Government Accountability
Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under section 6301(2) of title
5, United States Code, has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in
the performance of official duties.
Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of
JFMIP administrative costs, as determined by the JFMIP, but not
to exceed a total of $800,000 including the salary of the
Executive Director and staff support.
Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide financial, information technology,
procurement, and other management innovations, initiatives, and
activities, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the
Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management
initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, and the Federal
Acquisition Council for procurement initiatives). The total
funds transferred or reimbursed shall not exceed $17,000,000.
Such transfers or reimbursements may only be made 15 days
following notification of the Committees on Appropriations by
the Director of the Office of Management and Budget.
Sec. 628. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management or
any other department or agency of the Federal Government to
prohibit any agency from using appropriated funds as they see
fit to independently contract with private companies to provide
online employment applications and processing services.
Sec. 629. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 630. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the
National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science; and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 631. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds, the Catalog of Federal
Domestic Assistance Number, as applicable, and the amount
provided: Provided, That this provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 632. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ``October 1, 2004'' and inserting ``October 1, 2005''.
Sec. 633. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None ofthe funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation
of data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to the
rendition of the Internet site services or to the
protection of the rights or property of the provider of
the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 634. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 635. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
Sec. 636. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 637. None of the funds made available under this or
any other Act for fiscal year 2005 and each fiscal year
thereafter shall be expended for the purchase of a product or
service offered by Federal Prison Industries, Inc. unless the
agency making such purchase determines that such offered
product or service provides the best value to the buying agency
pursuant to governmentwide procurement regulations, issued
pursuant to section 25(c)(1) of the Office of Federal
Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures,
standards, and limitations of section 2410n of title 10, United
States Code.
Sec. 638. Notwithstanding any other provision of law,
none of the funds appropriated or made available under this Act
or any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the proposed
regulations of the Office of Personnel Management to add
sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register,
volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative
branch).
Sec. 639. Each Executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government purchase charge card or government
travel charge card. The department or agency may not issue a
government purchase charge card or government travel charge
card to an individual that either lacks a credit history or is
found to have an unsatisfactory credit history as a result of
this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored
value card made in accordance with agency procedures to (a) an
individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines
there is no suitable alternative payment mechanism available
before issuing the card, or (b) an individual who lacks a
credit history. Each Executive department and agency shall
establish guidelines and procedures for disciplinary actions to
be taken against agency personnel for improper, fraudulent, or
abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with the
official business of the Department or agency or with
applicable standards of conduct.
Sec. 640. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2005 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.5 percent, and
this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security
and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January
1, 2005.
(b) Notwithstanding section 613 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2005 under sections 5344 and 5348 of title
5, United States Code, shall be no less than the percentage in
paragraph (a) as employees in the same location whose rates of
basic pay are adjusted pursuant to the statutory pay systems
under section 5303 and 5304 of title 5, United States Code.
Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and
5304 of title 5 and prevailing rate employees described in
section 5343(a)(5) of title 5 shall be considered to be located
in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2005.
Sec. 641. (a) Not later than 180 days after the end of the
fiscal year, the head of each Federal agency shall submit a
report to Congress on the amount of the acquisitions made by
the agency from entities that manufacturethe articles,
materials, or supplies outside of the United States in that fiscal
year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of
the United States;
(2) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent
on goods manufactured in the United States versus funds
spent on goods manufactured outside of the United
States.
(c) The head of each Federal agency submitting a report
under subsection (a) shall make the report publicly available
to the maximum extent practicable.
(d) This section shall not apply to acquisitions made by
an agency, or component thereof, that is an element of the
intelligence community as set forth in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
Sec. 642. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations, except that the Federal
Law Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 643. (a) In General.--Section 6402 of title 26, United
States Code, is amended by redesignating subsections (f)
through (k) as subsections (g) through (l), respectively, and
by inserting after subsection (e) the following new subsection:
``(f) Collection of Past-due, Legally Enforceable State
Unemployment Compensation Debts.--
``(1) In general.--Upon receiving notice from any
State that a person owes a past-due, legally
enforceable State unemployment compensation debt to
such State, the Secretary shall, under such conditions
as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment
payable to such person by the amount of such
unemployment compensation debt;
``(B) pay the amount by which such
overpayment is reduced under subparagraph (A)
to such State and notify such State of such
person's name, taxpayer identification number,
address, and the amount collected; and
``(C) notify the person making such
overpayment that the overpayment has been
reduced by an amount necessary to satisfy a
past-due, legally enforceable State
unemployment compensation debt. If an offset is
made pursuant to a joint return, the notice
under subparagraph (B) shall include the names,
taxpayer identification numbers, and addresses
of each person filing such return.
``(2) Priorities for offset.--Any overpayment by a
person shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced
pursuant to--
``(i) subsection (a) with respect
to any liability for any internal
revenue tax on the part of the person
who made the overpayment;
``(ii) subsection (c) with respect
to past-due support;
``(iii) subsection (d) with respect
to any past-due, legally enforceable
debt owed to a Federal agency; and
``(B) before such overpayment is credited
to the future liability for any Federal
internal revenue tax of such person pursuant to
subsection (b). If the Secretary receives
notice from a State or States of more than one
debt subject to paragraph (1) and/or subsection
(e) that is owed by a person to such State or
States, any overpayment by such person shall be
appliedagainst such debts in the order in which
such debts accrued.
``(3) Notice; consideration of evidence.--No State
may take action under this subsection until such
State--
``(A) notifies the person owing the past-
due legally enforceable State unemployment
compensation debt that the State proposes to
take action pursuant to this section;
``(B) gives such person at least 60 days to
present evidence that all or part of such
liability is not past-due or not legally
enforceable;
``(C) considers any evidence presented by
such person and determines that an amount of
such debt is past-due and legally enforceable;
and
``(D) satisfies such other conditions as
the Secretary may prescribe to ensure that the
determination made under subparagraph (C) is
valid and that the State has made reasonable
efforts to obtain payment of such unemployment
compensation debt.
``(4) Past-due, legally enforceable state
unemployment compensation debt.--For purposes of this
subsection, the term `past-due, legally enforceable
State unemployment compensation debt' means
overpayments of unemployment compensation assessed
under the law of a State certified by the Secretary of
Labor pursuant to section 3304 of the Internal Revenue
Code, which have become final under State law and
remain uncollected.
``(5) Regulations.--The Secretary shall issue
regulations prescribing the time and manner in which
States must submit notices of past-due, legally
enforceable State unemployment compensation debt and
the necessary information that must be contained in or
accompany such notices. The regulations shall specify
the minimum amount of debt to which the reduction
procedure established by paragraph (1) may be applied.
The regulations may require States to pay a fee to the
Secretary, which may be deducted from amounts
collected, to reimburse the Secretary for the cost of
applying such procedure. Any fee paid to the Secretary
pursuant to the preceding sentence shall be used to
reimburse appropriations which bore all or part of the
cost of applying such procedure. The regulations may
include a requirement that States submit notices of
past-due, legally enforceable State unemployment
compensation debt to the Secretary via the Secretary of
Labor in accordance with procedures established by the
Secretary of Labor. Such procedures may require States
to pay a fee to the Secretary of Labor to reimburse the
Secretary of Labor for the costs of applying this
subsection. Any such fee shall be established in
consultation with the Secretary of the Treasury. Any
fee paid to the Secretary of Labor may be deducted from
amounts collected and shall be used to reimburse the
appropriation account which bore all or part of the
cost of applying this subsection.
``(6) Erroneous payment to state.--Any State
receiving notice from the Secretary that an erroneous
payment has been made to such State under paragraph (1)
shall pay promptly to the Secretary, in accordance with
such regulations as the Secretary may prescribe, an
amount equal to the amount of such erroneous payment
(without regard to whether any other amounts payable to
such State under such paragraph have been paid to such
State).''.
(b) Disclosure of certain information to States requesting
refund offsets for past-due legally enforceable State
unemployment compensation debt.
(1) Paragraph (10) of section 6103(l) is amended by
striking ``(c), (d), or (e)'' each place it appears and
inserting ``(c), (d), (e) or (f).''
(2) Paragraph (10)(A) of section 6103(l) is amended
by inserting ``and to officers and employees of the
Department of Labor in connection with a reduction
under subsection (f) of section 6402'' after the words
``section 6402''.
(3) The heading of paragraph (10) is amended by
striking ``subsection (c), (d), or (e) of section 6402
and inserting ``subsection (c), (d), (e) or (f) of
section 6402.''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 6402 is amended by
striking ``(c), (d), and (e),'' and inserting ``(c),
(d), (e) and (f)''.
(2) Paragraph (2) of section 6402(d) is amended by
striking ``and before such overpayment is reduced
pursuant to subsection (e)'' and inserting ``and before
such overpayment is reduced pursuant to subsections (e)
and (f)''.
(3) Subsection (g) of section 6402, as redesignated
by subsection (a), is amended by striking ``(c), (d) or
(e)'' and inserting ``(c), (d), (e) or (f)''.
(4) Subsection (i) of section 6402, as redesignated
by subsection (a), is amended by striking ``subsection
(c) or (e)'' and inserting ``subsection (c), (e) or
(f)''.
(d) Effective Date.--The amendments made by this section
shall be effective as to refunds payable under section 6402 of
the Internal Revenue Code on or after the date of enactment.
Sec. 644. Notwithstanding section 1346 of title 31,
United States Code, and section 610 of this Act and any other
provision of law, the head of each appropriate executive
department and agency shall transfer to or reimburse the
Federal Aviation Administration, upon the direction of the
Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation
Administration, in consultation with the appropriate
interagency groups designated by the Director and shall be used
to ensure the uninterrupted, continuous operation of the Midway
Atoll Airfield by the Federal Aviation Administration pursuant
to an operational agreement with the Department of the Interior
for the entirety of fiscal year 2005 and any period thereafter
that precedes the enactment of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2006. The Director
of the Office of Management and Budget shall mandate the
necessary transfers after determining an equitable allocation
between the appropriate executive departments and agencies of
the responsibility for funding the continuous operation of the
Midway Atoll Airfield based on, but not limited to, potential
use, interest in maintaining aviation safety, and applicability
to governmental operations and agency mission. The total funds
transferred or reimbursed shall not exceed $6,000,000 for any
twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period cited
above. Funds shall be available for operation of the airfield
or airfield-related capital upgrades. The Director of the
Office of Management and Budget shall notify the Committees on
Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 645. (a) Designation.--The United States courthouse
located at 95 Seventh Street in San Francisco, California,
shall be known and designated as the ``James R. Browning United
States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United
States courthouse referred to in section (a) shall be deemed to
be a reference to the ``James R. Browning United States
Courthouse''.
This division may be cited as the ``Transportation,
Treasury, Independent Agencies, and General Government
Appropriations Act, 2005''.
DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as
authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;
92 Stat. 2508); and burial benefits, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized
by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51,
53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $32,607,688,000, to remain available
until expended: Provided, That not to exceed $20,703,000 of the
amount appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical services'' for
necessary expenses in implementing those provisions authorized
in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and
55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$2,556,232,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(-1), (2), (5), and (11) of that section,
shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487,
$44,380,000, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That during fiscal year 2005, within
the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,075,000, which may be
transferred to and merged with the appropriation for ``General
operating expenses''.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $47,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $4,108,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $311,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $571,000, which may be transferred to and merged with
the appropriation for ``General operating expenses'': Provided,
That no new loans in excess of $50,000,000 may be made in
fiscal year 2005.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating
expenses'' and ``Medical administration'' may be expended.
Veterans Health Administration
MEDICAL SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in paragraphs (1) through (8) of section
1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the
department and including medical supplies and equipment and
salaries and expenses of health-care employees hired under
title 38, United States Code, and aid to State homes as
authorized by section 1741 of title 38, United States Code;
$19,472,777,000, plus reimbursements: Provided, That of the
funds made available under this heading, not to exceed
$1,100,000,000 shall be available until September 30, 2006:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a
priority for treatment for veterans who are service-connected
disabled, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for
the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further, That
of the funds made available under this heading, the
Secretarymay transfer up to $400,000,000, to remain available until
expended, to ``Construction, major projects'' for purposes of
implementing CARES subject to a determination by the Secretary that
such funds will improve access and quality of veteran's health care
needs: Provided further, That, during the fiscal year ending September
30, 2005, the Secretary may transfer not more than $125,000,000 of the
unobligated balances in this account and amounts made available under
this heading to ``General operating expenses'' for costs associated
with processing claims where the basis of the entitlement is claimed
disability incurred as a result of a veteran's service, subject to a
determination by the Secretary of Veterans Affairs that such additional
funds are necessary: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous
proviso shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That for the DOD VA Health Care Sharing
Incentive Fund, as authorized by section 721 of Public Law 107-314, a
minimum of $15,000,000, to remain available until expended, for any
purpose authorized by 38 U.S.C. 8111.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; information technology hardware and software;
uniforms or allowances therefor, as authorized by sections
5901-5902 of title 5, United States Code; and administrative
and legal expenses of the department for collecting and
recovering amounts owed the department as authorized under
chapter 17 of title 38, United States Code, and the Federal
Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$4,705,000,000, of which $250,000,000 shall be available until
September 30, 2006, plus reimbursements.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities for the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and disposition,
construction and renovation of any facility under the
jurisdiction or for the use of the department; for oversight,
engineering and architectural activities not charged to project
costs; for repairing, altering, improving or providing
facilities in the several hospitals and homes under the
jurisdiction of the department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry and food services, $3,745,000,000, of which
$250,000,000 shall be available until September 30, 2006.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, to remain available
until September 30, 2006, $405,593,000, plus reimbursements.
Departmental Administration
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of department-wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail,
$1,324,753,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), and
(11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to
become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,027,193,000: Provided further, That of the
funds made available under this heading, not to exceed
$66,000,000 shall be available for obligation until September
30, 2006: Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration may
purchase up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $148,925,000: Provided, That
of the funds made available under this heading, not to exceed
$7,400,000 shall be available until September 30, 2006.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $69,711,000, to remain available until
September 30, 2006.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of
title 38, United States Code, including planning, architectural
and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more than
the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds
for a project were made available in a previous major project
appropriation, $458,800,000, to remain available until
expended, of which $370,709,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities; and of
which $8,091,000 shall be to make reimbursements as provided in
41 U.S.C. 612 for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities, such as
portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund and CARES funds, including needs assessments which may or
may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project
which has not been approved by the Congress in the budgetary
process: Provided further, That funds provided in this
appropriation for fiscal year 2005, for each approved project
(except those for CARES activities referenced above) shall be
obligated: (1) by the awarding of a construction documents
contract by September 30, 2005; and (2) by the awarding of a
construction contract by September 30, 2006: Provided further,
That the Secretary of Veterans Affairs shall promptly report in
writing to the Committees on Appropriations any approved major
construction project in which obligations are not incurred
within the time limitations established above.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), $230,779,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), of which $182,100,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities: Provided,
That from amounts appropriated under this heading, additional
amounts may be used for CARES activities upon notification of
and approval by the Committees on Appropriations: Provided
further, That funds in this account shall be available for: (1)
repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the department which are
necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify
or alter existing hospital, nursing home and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by 38 U.S.C. 8131-8137, $105,163,000, to remain
available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38 U.S.C.
2408, $32,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. Any appropriation for fiscal year 2005 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to
any other of the mentioned appropriations.
Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2005 for salaries and expenses
shall be available for services authorized by 5 U.S.C. 3109
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized by
5 U.S.C. 5901-5902.
Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled under
the laws bestowing such benefits to veterans, and persons
receiving such treatment under 5 U.S.C. 7901-7904 or 42 U.S.C.
5141-5204), unless reimbursement of cost is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2005 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance
and indemnities'' shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of
fiscal year 2004.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2005 shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from title X of the
Competitive Equality Banking Act, Public Law 100-86, except
that if such obligations are from trust fund accounts they
shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2005, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38 U.S.C.
1920), the Veterans' Special Life Insurance Fund (38 U.S.C.
1923), and the United States Government Life Insurance Fund (38
U.S.C. 1955), reimburse the ``General operating expenses''
account for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in an insurance program in fiscal year 2005 that
are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration of
an insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for
fiscal year 2005 which is properly allocable to the provision
of each insurance program and to the provision of any total
disability income insurance included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise
Fund pilot program authorized to be established by section 403
of Public Law 103-356 until October 1, 2005: Provided, That the
Franchise Fund, established by title I of Public Law 104-204 to
finance the operations of the Franchise Fund pilot program,
shall continue until October 1, 2005.
Sec. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
Sec. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2005 or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management and
the Office of Employment Discrimination Complaint Adjudication
for all services provided at rates which will recover actual
costs but not exceed $29,318,000 for the Office of Resolution
Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall
be credited to ``General operating expenses'' for use by the
office that provided the service.
Sec. 111. No appropriations in this Act for the Department
of Veterans Affairs shall be available to enter into any new
lease of real property if the estimated annual rental is more
than $300,000 unless the Secretary submits a report which the
Committees on Appropriations of the Congress approve within 30
days following the date on which the report is received.
Sec. 112. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
Sec. 113. Of the amounts provided in this Act, $25,000,000
shall be for information technology initiatives to support the
enterprise architecture of the Department of Veterans Affairs.
Sec. 114. None of the funds made available to the
Department in this Act, or any other Act, may be used to
implement sections 2 and 5 of Public Law 107-287.
Sec. 115. (a) Hereafter receipts that would otherwise be
credited to the accounts listed in subsection (c) shall be
deposited into the Medical Care Collections Fund, and shall be
transferred to and merged with the ``Medical services''
account, in fiscal year 2005 and subsequent years, to remain
available until expended, to carry out the purposes of the
``Medical services'' account.
(b) The unobligated balances in the accounts listed in
subsection (c), shall be transferred to and merged with the
``Medical services'' account in fiscal year 2005 and subsequent
years, and remain available until expended, to carry out the
purposes of the ``Medical services'' account: Provided, That
the obligated balances in these accounts may be transferred to
the ``Medical services'' account at the discretion of the
Secretary of Veterans Affairs and shall remain available until
expended.
(c) Veterans Extended Care Revolving Fund; Medical
Facilities Revolving Fund; Special Therapeutic and
Rehabilitation Fund; Nursing Home Revolving Fund; Veterans
Health Services Improvement Fund; and Parking Revolving Fund.
Sec. 116. (a) The Secretary of Veterans Affairs shall
conduct by contract a program of recovery audits for the fee
basis and other medical services contracts with respect to
payments for hospital care. Notwithstanding section 3302(b) of
title 31, United States Code, amounts collected, by setoff or
otherwise, as the result of such audits shall be available,
without fiscal year limitation, for the purposes for which
funds are appropriated under ``Medical services'' and the
purposes of paying a contractor a percent of the amount
collected as a result of an audit carried out by the
contractor.
(b) All amounts so collected under subsection (a) with
respect to a designated health care region (as that term is
defined in section 1729A(d)(2) of title 38, United States Code)
shall be allocated, net of payments to the contractor, to that
region.
Sec. 117. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) that are deposited into the Medical Care
Collections Fund may be transferred and merged with
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations and improvements
of any medical facility under the jurisdiction or for the use
of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction,
major projects'' and ``Construction, minor projects''.
Sec. 118. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the department.
Sec. 119. That such sums as may be deposited to the Medical
Care Collections Fund pursuant to 38 U.S.C. 1729A may be
transferred to ``Medical services'', to remain available until
expended for the purposes of this account.
Sec. 120. Amounts made available for fiscal year 2005 under
the ``Medical services'', ``Medical administration'', and
``Medical facilities'' accounts may be transferred between the
accounts to the extent necessary to implement the restructuring
of the Veterans Health Administration accounts after notice of
the amount and purpose of the transfer is provided to the
Committees on Appropriations of the Senate and House of
Representatives and a period of 30 days has elapsed: Provided,
That the limitation on transfers is 20 percent in fiscal year
2005.
Sec. 121. Any appropriation for fiscal year 2005 for the
Veterans Benefits Administration made available under the
heading ``General operating expenses'' may be transferred to
the ``Veterans Housing Benefit Program Fund Program Account''
for the purpose of providing funds for the nationwide property
management contract if the administrative costs of such
contract exceed $8,800,000 in the budget year.
Sec. 122. The Department of Veterans Affairs is authorized
to expend such sums as are available in the unobligated
balances of the funds originally appropriated to ``Medical
Care'' for emergency expenses resulting from the January 1994
earthquake in Southern California in Public Law 103-211,
Emergency Supplemental Appropriations Act of 1994, for the same
purposes of the ``Medical Services'' account, to remain
available until expended.
Sec. 123. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs (Secretary) shall allow veterans
eligible under existing VA Medical Care requirements and who
reside in Alaska to obtain medical care services from medical
facilities supported by the Indian Health Services or tribal
organizations. The Secretary shall (1) limit the application of
this provision to rural Alaskan veterans in areas where an
existing VA facility or VA-contracted service is unavailable,
(2) require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary, (3) require this provision to be consistent with
CARES, and (4) result in no additional cost to the Department
of Veterans Affairs or the Indian Health Service.
Sec. 124. Of the funds made available under the heading
``Construction, minor projects'' in Chapter 11 of Division B of
the Military Construction Appropriations and Emergency
Hurricane Supplemental Appropriations Act, 2005, Public Law
108-324, the Secretary of Veterans Affairs may transfer up to
$19,800,000 to the ``Medical Facilities'' account for non-
recurring maintenance expenses related to hurricane and
tropical storm damage.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (`the
Act' herein), not otherwise provided for, $14,885,000,000, to
remain available until expended, of which $10,685,000,000 shall
be available on October 1, 2004 and $4,200,000,000 shall be
available on October 1, 2005: Provided, That the amounts made
available under this heading are provided as follows:
(1) $13,462,989,000 for renewals of expiring
section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any
provision of law authorizing such assistance under
section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from
amounts provided under this paragraph, the Secretary
for the calendar year 2005 funding cycle shall renew
such contracts for each public housing agency based on
verified Voucher Management System (VMS) leasing and
cost data averaged for the months of May, June, and
July of 2004, and by applying the 2005 Annual
Adjustment Factor as established by the Secretary, and
by making any necessary adjustments for the costs
associated with the first-time renewal of tenant
protection or HOPE VI vouchers: Provided further, That
if such data is not available, verifiable, or complete,
the Secretary shall use verified VMS leasing and cost
data averaged for the months of February, March, and
April of 2004, and by applying the 2005 Annual
Adjustment Factor as established by the Secretary, and
by making any necessary adjustments for the costs
associated with the first-time renewal of tenant
protection or HOPE VI vouchers: Provided further, That
if such data is not available, verifiable, or complete,
the Secretary shall use leasing and cost data from the
most recent end-of-year financial statements for public
housing agency fiscal years ending no later than March
31, 2004, and by applying the 2005 Annual Adjustment
Factor as established by the Secretary, and by making
any necessary adjustments for the costs associated with
the first-time renewal of tenant protection or HOPE VI
vouchers: Provided further, That the Secretary shall,
to the extent necessary to stay within the amount
provided under this paragraph, pro rate each public
housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That the
entire amount provided under this paragraph shall be
obligated to the public housing agencies based on the
allocation and pro rata method described above:
Provided further, That public housing agencies
participating in the Moving to Work demonstration shall
be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments
under the previous proviso: Provided further, That none
of the funds provided in this paragraph may be used to
support a total number of unit months under lease which
exceeds a public housing agency's authorized level of
units under contract;
(2) $163,000,000 for section 8 rental assistance
for relocation and replacement of housing units that
are demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects
to assistance under section 8, the family unification
program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, and tenant
protection assistance, including replacement and
relocation assistance;
(3) $46,000,000 for family self-sufficiency
coordinators under section 23 of the Act;
(4) $2,904,000 shall be transferred to the Working
Capital Fund; and
(5) $1,210,107,000 for administrative and other
expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program,
of which up to $25,000,000 shall be available to the
Secretary to allocate to public housing agencies that
need additional funds to administer their section 8
programs: Provided, That $1,185,107,000 of the amount
provided in this paragraph shall be allocated for the
calendar year 2005 funding cycle on a pro rata basis to
public housing agencies based on the amount public
housing agencies were eligible to receive in calendar
year 2004: Provided further, That all amounts provided
under this paragraph shall be only for activities
related to the provision of tenant-based rental
assistance authorized under section 8, including
related development activities.
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein),
not otherwise provided for, $5,341,000,000 to remain available
until expended: Provided, That the amounts made available under
this heading are provided as follows:
(1) $5,237,100,000 for expiring or terminating
section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance
Act, for renewal of section 8 contracts for units in
projects that are subject to approved plans of action
under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990, and for
administrative and other expenses associated with
project-based activities and assistance funded under
this paragraph;
(2) $101,900,000 for performance-based contract
administrators for section 8 project-based assistance;
and
(3) $2,000,000 shall be transferred to the Working
Capital Fund.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act
of 1937, as amended (42 U.S.C. 1437g) (the ``Act'')
$2,600,000,000, to remain available until September 30, 2008:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2005, the Secretary may not
delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the
term ``obligate'' means, with respect to amounts, that the
amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That
of the total amount provided under this heading, up to
$38,700,000 shall be for carrying out activities under section
9(h) of such Act, of which $12,500,000 shall be for the
provision of remediation services to public housing agencies
identified as ``troubled'' under the Section 8 Management
Assessment Program and for surveys used to calculate local Fair
Market Rents and assess housing conditions in connection with
rental assistance under section 8 of the Act: Provided further,
That $10,150,000 shall be transferred to the Working Capital
Fund: Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this heading,
up to $30,000,000 shall be available for the Secretary of
Housing and Urban Development to make grants, notwithstanding
section 205 of this Act, to public housing agencies for
emergency capital needs resulting from unforeseen emergencies
and natural disasters occurring in fiscal year 2005: Provided
further, That of the total amount provided under this heading,
$53,500,000 shall be for supportive services, service
coordinators and congregate services as authorized by section
34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That up to
$3,000,000 is to support the costs of administrative and
judicial receiverships in effect prior to date of enactment of
this Act: Provided further, That of the total amount provided
under this heading, $15,000,000 shall be for Neighborhood
Networks grants for activities authorized in section 9(d)(1)(E)
of the United States Housing Act of 1937, as amended, of which
up to $1,000,000 may be used for technical assistance in
connection with such grants as authorized in section 9(h)(8) of
such Act: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a
competitive basis: Provided further, That notwithstanding
section 9(d)(1)(E) of the United States Housing Act of 1937,
any Neighborhood Networks computer center established with
funding made available under this heading in this or any other
Act, shall be available for use by residents of public housing
and residents of other housing assisted with funding made
available under this title in this Act or any other Act.
PUBLIC HOUSING OPERATING FUND
For 2005 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g(e)), $2,458,000,000, of which
$10,000,000 in bonus funds shall be provided to public housing
agencies that assist program participants in moving away from
dependency on housing assistance programs: Provided, That of
the total amount provided under this heading, $8,000,000 shall
be for programs, as determined appropriate by the Attorney
General, which assist in the investigation, prosecution, and
prevention of violent crimes and drug offenses in public and
federally-assisted low-income housing, including Indian
housing, which shall be administered by the Department of
Justice through a cooperative agreement with the Department of
Housing and Urban Development: Provided further, That any such
2005 payment shall be provided in an amount sufficient to cover
only the period beginning with the start of a public housing
agency's fiscal year and ending on December 31, 2005: Provided
further, That for fiscal year 2006 and all fiscal years
thereafter, the Secretary shall provide assistance under this
heading to public housing agencies on a calendar year basis:
Provided further, That, in fiscal year 2005 and all fiscal
years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public
housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this heading
for the purposes specified in section 9(k) of the United States
Housing Act of 1937, as amended.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937, as amended,
$144,000,000, to remain available until September 30, 2006, of
which the Secretary may use up to $4,000,000 for technical
assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements,
including training and cost of necessary travel for
participants in such training, by or to officials and employees
of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used
directly or indirectly by granting competitive advantage in
awards to settle litigation or pay judgments, unless expressly
permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $627,000,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in support
of the implementation of NAHASDA; of which $4,500,000 shall be
to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of
which $2,600,000 shall be transferred to the Working Capital
Fund: Provided, That of the amount provided under this heading,
$2,000,000 shall be made available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $17,926,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of
these guarantees.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$145,345,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$37,403,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $284,000,000, to remain available
until September 30, 2006: Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing
that were funded under section 854(c)(3) of such Act that meet
all program requirements before awarding funds for new
contracts and activities authorized under this section:
Provided further, That the Secretary may use up to $2,500,000
of the funds under this heading for training, oversight, and
technical assistance activities.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $24,000,000 to
remain available until expended, which amount shall be
competitively awarded by September 1, 2005, to Indian tribes,
State housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to support innovative housing and
economic development activities in rural areas.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
For grants in connection with a second round of empowerment
zones and enterprise communities, $10,000,000, to remain
available until September 30, 2005, for ``Urban Empowerment
Zones'', as authorized in section 1391(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 1391(g)), including $666,666
for each empowerment zone for use in conjunction with economic
development activities consistent with the strategic plan of
each empowerment zone.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,709,000,000, to remain
available until September 30, 2007 unless otherwise specified:
Provided, That of the amount provided, $4,150,035,000 is for
carrying out the community development block grant program
under title I of the Housing and Community Development Act of
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.):
Provided further, That unless explicitly provided for under
this heading (except for planning grants provided in the third
paragraph and amounts made available in the second paragraph),
not to exceed 20 percent of any grant made with funds
appropriated under this heading (other than a grant made
available in this paragraph to the Housing Assistance Council
or the National American Indian Housing Council, or a grant
using funds under section 107(b)(3) of the Act) shall be
expended for planning and management development and
administration: Provided further, That $69,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including Section 205 of this Act), up to $4,000,000 may be
used for emergencies that constitute imminent threats to health
and safety; $3,300,000 shall be for a grant to the Housing
Assistance Council; $2,400,000 shall be for a grant to the
National American Indian Housing Council; $4,800,000 shall be
available as a grant to the National Housing Development
Corporation, for operating expenses not to exceed $2,000,000
and for a program of affordable housing acquisition and
rehabilitation; $4,800,000 shall be available as a grant to the
Raza Development Fund of La Raza for the HOPE Fund, of which
$500,000 is for technical assistance and fund management, and
$4,300,000 is for investments in the HOPE Fund and financing to
affiliated organizations; $43,700,000 shall be for grants
pursuant to section 107 of the Act, of which $9,000,000 shall
be for the Native Hawaiian block grant authorized under title
VIII of the Native American Housing Assistance and Self-
Determination Act of 1996, to remain available until expended,
of which $500,000 shall be for training and technical
assistance; $3,465,000 shall be transferred to the Working
Capital Fund; $25,000,000 shall be for grants pursuant to the
Self Help Homeownership Opportunity Program; $34,500,000 shall
be for capacity building, of which $30,000,000 shall be for
Capacity Building for Community Development and Affordable
Housing for LISC and the Enterprise Foundation for activities
as authorized by section 4 of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), as in effect immediately before June 12,
1997, with not less than $5,000,000 of the funding to be used
in rural areas, including tribal areas, and of which $4,500,000
shall be for capacity building activities administered by
Habitat for Humanity International; $2,000,000 shall be for the
Special Olympics National Games Organizing Committee for
planning, equipment, and operational expenses associated with
the 2006 games in Ames, Iowa; $62,000,000 shall be available
for YouthBuild program activities authorized by subtitle D of
title IV of the Cranston-Gonzalez National Affordable Housing
Act, as amended, and such activities shall be an eligible
activity with respect to any funds made available under this
heading: Provided, That local YouthBuild programs that
demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding:
Provided further, That no more than 10 percent of any grant
award under the YouthBuild program may be used for
administrative costs: Provided further, That of the amount made
available for YouthBuild not less than $9,000,000 is for grants
to establish YouthBuild programs in underserved and rural areas
and $2,000,000 is to be made available for a grant to
YouthBuild USA for capacity building for community development
and affordable housing activities as specified in section 4 of
the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading,
$42,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in areas
with population outmigration or a stagnating or declining
economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph
shall be provided in accordance with the terms and conditions
specified in the statement of managers accompanying this Act.
Of the amount made available under this heading,
$262,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers accompanying
this Act: Provided, That none of the funds provided under this
paragraph may be used for program operations.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 2 with respect to amounts made available for the
City of Boaz, Alabama by striking ``facilities renovation and
expansion'' and inserting ``construction of a new library''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 740 by striking ``facilities renovation and
construction'' and inserting ``an economic development planning
study''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 254 by striking ``Greater Community Council in
Louisville, Kentucky for construction of a facility for low-
income, disabled persons'' and inserting ``Portland Promise,
Inc. in Louisville, Kentucky for a multi-purpose facility''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 10 with respect to amounts made available to the
St. Stephen Family Life Center in Louisville, Kentucky by
striking ``renovation'' and inserting ``construction''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 584 with respect to amounts made available for
Queens Borough Public Library in Queens, New York by striking
``for facilities rehabilitation and expansion of the Parsons
Boulevard complex'' and inserting ``for facilities construction
and renovations''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 198 by striking ``$160,000 for the Pine Mountain
Beautification and Economic Development project in Harris
County, Georgia for streetscape improvements'' and inserting
``$60,000 for the Beautification and Economic Development
project in Harris County, Georgia for construction; and
$100,000 for the Beautification and Economic Development
project in the Town of Pine Mountain, Georgia for streetscape
improvements''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 96 with respect to amounts made available for the
City of Corona, California by striking ``construction'' and
inserting ``rehabilitation and conversion''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 257 with respect to amounts made available for Fort
Dodge, Iowa by inserting ``planning, design and'' before the
word ``facilities''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 776 with respect to amounts made available for Rice
University by inserting ``planning, design and'' before the
word ``construction''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 535 by striking ``facilities renovation, expansion
and buildout for the D'Youville College Library Improvement
project'' and inserting ``Administration building renovation''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 215 by striking ``construction of a fieldhouse
located at 39th and Cottage Grove'' and inserting ``costs
associated with construction of a LULA lift at Ogden Park''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 831 by striking ``Bread and Rose in Olympia,
Washington for renovations to a homeless shelter'' and
inserting ``Catholic Community Services in Olympia, Washington
for construction of a homeless shelter''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 303 by striking ``Maine Environmental'' and
inserting ``Marine Environmental''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 163 by striking ``a special needs evacuation,
senior, multipurpose center'' and inserting ``for Lakefront
improvements to Lake Toho''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 499 by striking ``relocation of and renovations to
the Wolcott Carriage House'' and inserting ``facilities
improvements to Erie Canal parks''.
The referenced statement of the managers under this heading
in title II of Public Law 107-73; H. Rept. 107-272 is deemed to
be amended by striking ``Southern New Mexico Fair and Rodeo in
Dona Ana County for infrastructure improvements and to build a
multipurpose event center;'' and insert in lieu thereof ``Dona
Ana County, New Mexico, for the Southern New Mexico State Fair
to make infrastructure improvements and to build a multi-
purpose event center;''.
The referenced statement of the managers under this heading
in title II of Division G of the Consolidated Appropriations
Resolution, 2004 (Public Law 108-199; H. Rept. 108-401) is
deemed to be amended with respect to item 218 by striking
``construction'' and insert in lieu thereof ``planning and
design''.
The statement of managers accompanying Public Law 106-74,
as amended by chapter 8 of title II of the Emergency
Supplemental Act, 2000 (Public Law 106-246), is further amended
by inserting ``, to remain available to be expended until
September 30, 2007,'' after ``$25,000,000''.
The referenced statement of managers under the heading in
title II of Division G of the Consolidated Appropriations
Resolution, 2004 (Public Law 108-199; H. Rpt. 108-401) is
deemed to be amended with respect to numbers 418 and 423 by
striking out both specified grants and inserting in lieu
thereof ``418. $900,000 to Northland Neighborhoods, Inc. in
Clay County, Missouri for the expansion of the current Home
Repair Program to provide home repairs to low- to moderate-
income neighborhoods;''.
The referenced statement of managers under this heading in
title II of Division G of the Consolidated Appropriations
Resolution, 2004 (Public Law 108-199; H. Rept. 108-401) is
deemed to be amended with respect to item 791 by inserting
``for planning and design'' after ``Texas''.
The referenced statement of managers under this heading in
title II of Division G of the Consolidated Appropriations
Resolution, 2004 (Public Law 108-199; H. Rept. 108-401) is
deemed to be amended with respect to item 218 by striking
``construction'' and inserting in lieu thereof ``planning and
design''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 169 by striking ``for renovation of an aviation
high technology facility'' and inserting in lieu thereof ``for
a feasibility study of a facilities improvement to the Airco
Complex and surrounding properties''.
The referenced statement of the managers under this heading
in Public Law 108-7 is deemed to be amended with respect to
item number 740 by striking ``for facilities renovation and
construction'' and inserting ``for development and continuation
of the National Medal of Honor Museum of Military History''.
The referenced statement of the managers under this heading
in Public Law 108-199 is deemed to be amended with respect to
item number 163 by striking ``for a special needs evacuation,
senior, multipurpose center'' and inserting ``for construction
at the Lakefront Improvement Project''.
The referenced statement of the managers under this
heading in Public Law 108-7 is deemed to be amended with
respect to item number 54 by striking ``for renovation of
facilities'' and inserting ``for the Screen Education Center''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 104 by striking ``to Sonoma State
University in California for construction of the Green Music
Center'' and inserting ``to Center Point, Inc. to acquire and
renovate a facility for the adolescent residential treatment
center''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 4 by striking ``for renovation of the
Old Uniontown Middle School'' and inserting ``for enhancements
to facilities for industrial development''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 583 by striking ``$200,000 to the North
Carolina Museum of Natural Sciences for construction of the
Nature Research Center'' and inserting ``$200,000 to the
Friends of the North Carolina Museum of Natural Sciences for
construction of the Nature Research Center''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 469 by striking ``to Rutgers University
in New Jersey land acquisition for LEAP University High
School'' and inserting ``to the LEAP Academy University Charter
High School in Camden City, New Jersey for facilities
construction, renovation, and buildout''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 575 by striking ``construction'' and
inserting ``acquisition, renovation''.
The referenced statement of the managers under this
heading in Public Law 108-199 is deemed to be amended with
respect to item number 683 by striking ``for construction
related to Bailey Park and downtown streetscape,
beautification, building renovation and restoration'' and
inserting ``for master plan development, building acquisition,
demolition, renovation and restoration''.
Section 167 of division H of Public Law 108-199 is
amended by allocating the funding made available under the
heading ``Community Development Fund for project number 177
(House Report 108-235) to ``the Chicago Children's Choir
Academy in Illinois for facility design and construction''.
The referenced statement of the managers under this
heading in title II of Division G of the Consolidated
Appropriations Resolution, 2004 (Public Law 108-199; H. Rept.
108-401) is deemed to be amended with respect to item 24 by
striking ``Tuscaloosa County Commission for Community
Development in Tuscaloosa County, Alabama;'' and insert in lieu
thereof ``City of Tuscaloosa for community development in
Tuscaloosa, Alabama;''.
The referenced statement of the managers under this
heading in title II of Division G of the Consolidated
Appropriations Resolution, 2004 (Public Law 108-199; H. Rept.
108-401) is deemed to be amended with respect to item 796 by
striking ``Community Center'' and insert in lieu thereof
``Convention Center''.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $6,000,000, to remain
available until September 30, 2006, as authorized by section
108 of the Housing and Community Development Act of 1974, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in section 108(k) of the
Housing and Community Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000, which shall be transferred
to and merged with the appropriation for ``Salaries and
expenses''.
BROWNFIELDS REDEVELOPMENT
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development Act
of 1974, as amended, for Brownfields redevelopment projects,
$24,000,000, to remain available until September 30, 2006.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,865,000,000, to remain available
until September 30, 2007: Provided, That of the total amount
provided in this paragraph, up to $42,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968, and $2,000,000 shall
be transferred to the Working Capital Fund.
In addition to amounts otherwise made available under this
heading, $50,000,000, to remain available until September 30,
2007, for assistance to homebuyers as authorized under title I
of the American Dream Downpayment Act.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy program
as authorized under the United States Housing Act of 1937, as
amended, to assist homeless individuals pursuant to section 441
of the McKinney-Vento Homeless Assistance Act; and the shelter
plus care program as authorized under subtitle F of title IV of
such Act, $1,250,515,000, of which $1,230,515,000 shall remain
available until September 30, 2007, and of which $20,000,000
shall remain available until expended: Provided, That not less
than 30 percent of funds made available, excluding amounts
provided for renewals under the shelter plus care program,
shall be used for permanent housing: Provided further, That all
funds awarded for services shall be matched by 25 percent in
funding by each grantee: Provided further, That the Secretary
shall renew on an annual basis expiring contracts or amendments
to contracts funded under the shelter plus care program if the
program is determined to be needed under the applicable
continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary:
Provided further, That all awards of assistance under this
heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance
Abuse Block Grant, Workforce Investment Act, and the Welfare-
to-Work grant program: Provided further, That up to $11,500,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical
assistance: Provided further, That $2,500,000 of the funds
appropriated under this heading shall be transferred to the
Working Capital Fund: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account shall be transferred to this account,
to be available for Shelter Plus Care renewals in fiscal year
2005.
Housing Programs
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing, $747,000,000, to remain available
until September 30, 2008, of which amount $50,000,000 shall be
for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which amount up to $25,000,000 shall be for
grants under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such section
to assisted living or related use and for emergency capital
repairs as determined by the Secretary: Provided, That of the
amount made available under this heading, $18,000,000 shall be
available to the Secretary of Housing and Urban Development
only for making competitive grants to private nonprofit
organizations and consumer cooperatives for covering costs of
architectural and engineering work, site control, and other
planning relating to the development of supportive housing for
the elderly that is eligible for assistance under section 202
of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further,
That $450,000 shall be transferred to the Working Capital Fund:
Provided further, That the Secretary may waive the provisions
of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration.
Title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 2004, is amended under this heading by striking the fourth
proviso.
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for project
rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term,
and for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1) of
such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $240,000,000:
Provided, That $450,000 shall be transferred to the Working
Capital Fund: Provided further, That, of the amount provided
under this heading $28,890,000 shall be for amendments to
existing tenant-based assistance contracts entered into prior
to fiscal year 2004 (only one amendment authorized for any such
contract): Provided further, That of the amount provided under
this heading, the Secretary may make available up to
$10,000,000 for incremental tenant-based rental assistance, as
authorized by section 811 of such Act, (which assistance is
five years in duration): Provided further, That all tenant-
based assistance made available under this heading shall
continue to remain available only to persons with disabilities:
Provided further, That the Secretary may waive the provisions
of section 811 governing the terms and conditions of project
rental assistance and tenant-based assistance, except that the
initial contract term for such assistance shall not exceed five
years in duration.
Title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 2004, is amended under this heading by striking the fourth
proviso and inserting `` Provided further, That all section 811
balances outstanding, as of September 30, 2003, shall be
transferred to the appropriation under this heading.''.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2004, and
any collections made during fiscal year 2005 and all subsequent
fiscal years, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing
Act, as amended.
MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to
remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be
reduced as such collections are received during fiscal year
2005 so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at not more than $0 and fees
pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2005 appropriation.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
During fiscal year 2005, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2005, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales of
single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $356,906,000, of which not
to exceed $352,906,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to exceed
$4,000,000 shall be transferred to the appropriation for
``Office of Inspector General''. In addition, for
administrative contract expenses, $78,000,000, of which
$15,000,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$65,500,000,000 on or before April 1, 2005, an additional
$1,400 for administrative contract expenses shall be available
for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000),
but in no case shall funds made available by this proviso
exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), including the cost of loan guarantee modifications, as
that term is defined in section 502 of the Congressional Budget
Act of 1974, as amended, $10,000,000, to remain available until
expended: Provided, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, of
up to $35,000,000,000.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act; and
of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $227,767,000, of
which $207,767,000 shall be transferred to the appropriation
for ``Salaries and expenses''; and of which $20,000,000 shall
be transferred to the appropriation for ``Office of Inspector
General''.
In addition, for administrative contract expenses necessary
to carry out the guaranteed and direct loan programs,
$86,000,000, of which $9,600,000 shall be transferred to the
Working Capital Fund: Provided, That to the extent guaranteed
loan commitments exceed $8,426,000,000 on or before April 1,
2005, an additional $1,980 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed
loan commitments over $8,426,000,000 (including a pro rata
amount for any increment below $1,000,000), but in no case
shall funds made available by this proviso exceed $14,400,000.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as amended
(12 U.S.C. 1721(g)), shall not exceed $200,000,000,000, to
remain available until September 30, 2006.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,695,000, to
be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,695,000, shall be transferred to the appropriation
for ``Salaries and expenses''.
Policy Development and Research
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970, as amended (12
U.S.C. 1701z-1 et seq.), including carrying out the functions
of the Secretary under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, $45,500,000, to remain available until
September 30, 2006: Provided, That of the total amount provided
under this heading, $7,000,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative: Provided
further, that of the amounts made available for PATH under this
heading, $3,500,000 shall not be subject to the requirements of
section 205 of this title.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community Development
Act of 1987, as amended, $46,500,000, to remain available until
September 30, 2006, of which $20,000,000 shall be to carry out
activities pursuant to such section 561: Provided, That no
funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $168,000,000, to remain available until
September 30, 2006, of which $9,900,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970 that shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or under
prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for
purposes of Sec. 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That of the
total amount made available under this heading, $47,000,000
shall be made available on a competitive basis for areas with
the highest lead paint abatement needs, as identified by the
Secretary as having: (1) the highest number of occupied pre-
1940 units of rental housing; and (2) a disproportionately high
number of documented cases of lead-poisoned children: Provided
further, That each grantee receiving funds under the previous
proviso shall target those privately owned units and
multifamily buildings that are occupied by low-income families
as defined under section 3(b)(2) of the United States Housing
Act of 1937: Provided further, That not less than 90 percent of
the funds made available under this paragraph shall be used
exclusively for abatement, inspections, risk assessments,
temporary relocations and interim control of lead-based hazards
as defined by 42 U.S.C. 4851: Provided further, That each
recipient of funds provided under the first proviso shall make
a matching contribution in an amount not less than 25 percent:
Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds pursuant to a Notice of Funding Availability.
Management and Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire
of passenger motor vehicles; services as authorized by 5 U.S.C.
3109; and not to exceed $25,000 for official reception and
representation expenses, $1,120,000,000, of which $560,673,000
shall be provided from the various funds of the Federal Housing
Administration, $10,695,000 shall be provided from funds of the
Government National Mortgage Association, $1,000,000 shall be
provided from the ``Community development loan guarantees
program'' account, $150,000 shall be provided by transfer from
the ``Native American housing block grants'' account, $250,000
shall be provided by transfer from the ``Indian housing loan
guarantee fund program'' account and $35,000 shall be
transferred from the ``Native Hawaiian housing loan guarantee
fund'' account: Provided, That funds made available under this
heading shall only be allocated in the manner specified in the
report accompanying this Act unless the Committees on
Appropriations of both the House of Representatives and the
Senate are notified of any changes in an operating plan or
reprogramming: Provided further, That no official or employee
of the Department shall be designated as an allotment holder
unless the Office of the Chief Financial Officer (OCFO) has
determined that such allotment holder has implemented an
adequate system of funds control and has received training in
funds control procedures and directives: Provided further, That
the Chief Financial Officer shall establish positive control of
and maintain adequate systems of accounting for appropriations
and other available funds as required by 31 U.S.C. 1514:
Provided further, That for purposes of funds control and
determining whether a violation exists under the Anti-
Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except
with respect to insurance and guarantee programs, certain types
of salaries and expenses funding, and incremental funding that
is authorized under an executed agreement or contract, and
shall be designated in the approved funds control plan:
Provided further, That the Chief Financial Officer shall: (1)
appoint qualified personnel to conduct investigations of
potential or actual violations; (2) establish minimum training
requirements and other qualifications for personnel that may be
appointed to conduct investigations; (3) establish guidelines
and timeframes for the conduct and completion of
investigations; (4) prescribe the content, format and other
requirements for the submission of final reports on violations;
and (5) prescribe such additional policies and procedures as
may be required for conducting investigations of, and
administering, processing, and reporting on, potential and
actual violations of the Anti-Deficiency Act and all other
statutes and regulations governing the obligation and
expenditure of funds made available in this or any other Act:
Provided further, That up to $20,000,000 may be transferred to
the Working Capital Fund: Provided further, That the Secretary
shall fill 7 out of 10 vacancies at the GS-14 and GS-15 levels
until the total number of GS-14 and GS-15 positions in the
Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by
2\1/2\ percent.
WORKING CAPITAL FUND
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation of both Department-wide
and program-specific information systems, and for program-
related development activities, $270,000,000, to remain
available until September 30, 2006: Provided, That any amounts
transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred
to thisFund from amounts appropriated by previously enacted
appropriations Acts or from within this Act may be used only for the
purposes specified under this Fund, in addition to the purposes for
which such amounts were appropriated.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$104,000,000, of which $24,000,000 shall be provided from the
various funds of the Federal Housing Administration: Provided,
That the Inspector General shall have independent authority
over all personnel issues within this office: Provided further,
That $300,000 shall be transferred to the Working Capital Fund.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses,
$59,209,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund: Provided,
That of the amount made available under this heading,
$5,000,000 is for litigation and to continue ongoing special
investigations of the federal housing enterprises: Provided
further, That the Director shall submit a spending plan for the
amounts provided under this heading no later than January 15,
2005: Provided further, That not less than 80 percent of total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the
enterprises (as such term is defined in section 1303 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are
operating in a financially safe and sound manner and complying
with the capital requirements under Subtitle B of such Act:
Provided further, That not to exceed the amount provided herein
shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund: Provided
further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to result
in a final appropriation from the general fund estimated at not
more than $0.
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading or the
heading ``Annual contributions for assisted housing'' or any
other heading for fiscal year 2004 and prior years,
$1,557,000,000 is rescinded, to be effected by the Secretary no
later than September 30, 2005: Provided, That any such balances
governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
cancelled: Provided further, That no amounts recaptured from
amounts appropriated in prior years under this heading or the
heading ``Annual contributions for assisted housing'' and no
carryover of such appropriated amounts for project-based
assistance shall be available for the calendar year 2005
funding cycle for activities provided for under the heading
``Tenant-based rental assistance'': Provided further, That
amounts recaptured under this heading or the heading ``Annual
contributions for assisted housing'' from amounts appropriated
for project-based section 8 activities may be used for
amendments to section 8 project-based subsidy contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated in fiscal year 2001 and prior years under the
heading ``Drug elimination grants for low-income housing'',
$5,000,000 are rescinded.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated in fiscal year 2004 and prior years under the
heading ``Native American housing block grants'' for activities
related to title VI of NAHASDA, $21,000,000 are rescinded.
INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated in fiscal year 2004 and prior years under the
heading ``Indian housing loan guarantee fund program account''
for activities related to the cost of guaranteed loans,
$33,000,000 are rescinded.
Housing Programs
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Of the amounts made available under the heading ``Rent
Supplement'' in Public Law 98-63 for amendments to contracts
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, up to $675,000,000 is cancelled.
Federal Housing Administration
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from credit subsidy
appropriated in fiscal year 2004 and prior years under the
heading ``General and special risk program account'',
$30,000,000 are rescinded.
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2005 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a non-frivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2005 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant,
in the amount determined under subsection (b), for any State
that--
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2005 under such clause (ii) because the
areas in the State outside of the metropolitan
statistical areas that qualify under clause (i) in
fiscal year2005 do not have the number of cases of
acquired immunodeficiency syndrome (AIDS) required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State that
are outside of metropolitan statistical areas that qualify
under clause (i) of such section 854(c)(1)(A) in fiscal year
2005, in proportion to AIDS cases among cities and States that
qualify under clauses (i) and (ii) of such section and States
deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2005 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White
Plains, New York-New Jersey Metropolitan Division (hereafter
``metropolitan division'') of the New York-Newark-Edison, NY-
NJ-PA Metropolitan Statistical Area, shall be adjusted by the
Secretary of Housing and Urban Development by: (a) allocating
to the City of Jersey City, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Hudson County,
New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita incidence
of AIDS; and (b) allocating to the City of Paterson, New
Jersey, the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported in
the portion of the metropolitan area or division that is
located in Bergen County and Passaic County, New Jersey, and
adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a
higher than average per capita incidence of AIDS. The recipient
cities shall use amounts allocated under this subsection to
carry out eligible activities under section 855 of the AIDS
Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
Sec. 204. (a) During fiscal year 2005, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living facilities
that is carried out in the counties of the State of Michigan
specified in subsection (b) of this section, notwithstanding
paragraphs (3) and (18)(B)(iii) of such section 8(o), a family
residing in an assisted living facility in any such county, on
behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at
the time the family initially receives such assistance, to pay
rent in an amount exceeding 40 percent of the monthly adjusted
income of the family by such a percentage or amount as the
Secretary of Housing and Urban Development determines to be
appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in
the State of Michigan.
Sec. 205. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Sec. 206. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1831).
Sec. 207. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 208. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget
for 2005 for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations and
agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts),
except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to protect the
financial interest of the United States Government.
Sec. 209. None of the funds provided in this title for
technical assistance, training, or management improvements may
be obligated or expended unless HUD provides to the Committees
on Appropriations a description of each proposed activity and a
detailed budget estimate of the costs associated with each
program, project or activity as part of the Budget
Justifications. For fiscal year 2005, HUD shall transmit this
information to the Committees by March 15, 2005 for 30 days of
review.
Sec. 210. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 211. Notwithstanding any other provision of law, in
fiscal year 2005, in managing and disposing of any multifamily
property that is owned or held by the Secretary and is occupied
primarily by elderly or disabled families, the Secretary of
Housing and Urban Development shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 that are attached to any dwelling units in
the property. To the extent the Secretary determines that such
a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such
section 8, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties or provide other rental assistance.
Sec. 212. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2005 under section 854(c)
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to
the City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary
of Housing and Urban Development by allocating to the State of
New Jersey the proportion of the metropolitan division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan division that is located in New
Jersey. The State of New Jersey shall use amounts allocated to
the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity
Act (42 U.S.C. 12904) in the portion of the metropolitan
division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2005 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing
and Urban Development may adjust the allocation of the amounts
that otherwise would be allocated for fiscal year 2005 under
section 854(c) of such Act, upon the written request of an
applicant, in conjunction with the State(s), for a formula
allocation on behalf of a metropolitan statistical area, to
designate the State or States in which the metropolitan
statistical area is located as the eligible grantee(s) of the
allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS
reported in the portion of the metropolitan statistical area
located in that State. Any amounts allocated to a State under
this section shall be used to carry out eligible activities
within the portion of the metropolitan statistical area located
in that State.
Sec. 213. Notwithstanding any other provision of law, for
this fiscal year and every fiscal year thereafter, funds
appropriated for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, and for
supportive housing for persons with disabilities, as authorized
by section 811 of the Cranston-Gonzalez National Affordable
Housing Act, shall be available for the cost of maintaining and
disposing of such properties that are acquired or otherwise
become the responsibility of the Department.
Sec. 214. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2005 and
annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted units
under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 215. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2006 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the identical
structure provided under this Act and only in accordance with
the direction specified in the report accompanying this Act.
Sec. 216. That incremental voucher previously made
available under the heading ``Housing Certificate Fund'' for
non-elderly disabled families shall, to the extent practicable,
continue to be provided to non-elderly disabled families upon
turnover.
Sec. 217. The installment contract between the Village of
Hanna City, Illinois and the General Services Administration is
in the nature of a purchase money mortgage which will be paid
off at initial closing. The Department of Housing and Urban
Development shall accept the Village of Hanna City, Illinois'
holding of equitable title to this property as sufficient for
the purposes of the section 202 housing program.
Sec. 218. A public housing agency or such other entity that
administers Federal housing assistance in the states of Alaska,
Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance
provided under section 8 of the United States Housing Act of
1937 on the board of directors or a similar governing board of
such agency or entity as required under section (2)(b) of such
Act. Each public housing agency or other entity that
administers Federal housing assistance under section 8 in the
states of Alaska, Iowa and Mississippi shall establish an
advisory board of not less than 6 residents of public housing
or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering
entity on issues related to public housing and section 8. Such
advisory board shall meet not less than quarterly.
Sec. 219. (a) Section 536(b)(1) of the National Housing Act
(12 U.S.C. 1735f-14(b)(1)) is amended by adding the following
new subparagraph at the end:
``(J) Failure to perform a required
physical inspection of the mortgaged
property.''.
(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(ii)) is amended by inserting after ``rents,'' the
following: ``other revenues, or contract rights,''.
(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(x)) is amended to read as follows:
``(x) Failure to furnish the
Secretary, by the expiration of the 90-
day period beginning on the first day
after the completion of each fiscal
year (unless the Secretary has approved
an extension of the 90-day period in
writing), with a complete annual
financial report, in accordance with
requirements prescribed by the
Secretary, including requirements that
the report be--
``(I) based upon an
examination of the books and
records of the mortgagor;
``(II) prepared and
certified to by an independent
public accountant or a
certified public accountant
(unless the Secretary has
waived this requirement in
writing); and
``(III) certified to by the
mortgagor or an authorized
representative of the
mortgagor.
``The Secretary shall approve an extension where the mortgagor
demonstrates that failure to comply with this clause is due to
events beyond the control of the mortgagor.''.
Sec. 220. Section 421 of the Housing and Community
Development Act of 1987 (12 U.S.C. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after
``project'' the following: ``, nursing home,
intermediate care facility, board and care home,
assisted living facility, or hospital'';
(2) in subsection (a)(1)(B), by inserting after
``is'' the following: ``or, at the time of the
violations, was'';
(3) in the second sentence of subsection (a)(1), by
striking ``project'' and inserting ``property'';
(4) in subsection (a)(2) by striking ``which'' and
all that follows through ``any owner'' and inserting
the following: ``that owns or operates a property, as
identified in the regulatory agreement, including but
not limited to--
``(A) any stockholder holding 25 percent or
more interest of a corporation that owns that
property;
``(B) any beneficial owner of the property
under any business or trust;
``(C) any officer, director, or partner of
an entity owning or controlling the property;
``(D) any nursing home lessee or operator;
``(E) any hospital lessee or operator;
``(F) any other person or entity that
controls the property regardless of that person
or entity's official relationship to the
property; and
``(G) any heir, assignee, successor in
interest, or agent of any person or entity
described in the preceding subparagraphs'';
(5) in subsection (c), by striking ``project'' the
first two places it appears and inserting ``property'';
and
(6) in subsection (d), by striking ``project'' and
inserting ``a property's''.
Sec. 221. Section 204(h) of the National Housing Act (12
U.S.C. 1710(h)) is amended--
(1) in paragraph (2)--
(A) by striking ``following assets of the
Secretary'' and inserting ``following
categories of assets of the Secretary, unless
the Secretary determines at any time that the
asset property is economically or otherwise
infeasible to rehabilitate or that the best use
of the asset property is as open space
(including park land)'';
(B) in subparagraph (B)(ii), by inserting
after ``Act'' the following: ``except for
mortgages insured under or made pursuant to
sections 235, 247, or 255''; and
(C) by striking subparagraph (C);
(2) in the second sentence of paragraph (3), by
inserting after ``government'' the following: ``,
States, and Indian tribes'';
(3) in paragraph (4)--
(A) in subparagraph (A)(i), by inserting
after ``government'' the following: ``, State,
or Indian tribe'';
(B) by revising subparagraph (B)(ii) to
read as follows:
``(ii) purchases all assets of the
Secretary in the category or categories
of eligible assets set forth in the
sale agreement required under paragraph
(7) that, at any time during the period
which shall be set forth in the sale
agreement--
``(I) are or become
eligible for purchase under
this subsection; and
``(II) are located in the
asset control area of the
purchaser; and''; and
(C) in subparagraph (C), by striking
``purchase of eligible assets under'' and
inserting ``purchase of the category or
categories of eligible assets set forth in the
sale agreement under'';
(4) in paragraph (6)--
(A) by revising subparagraph (C) to read as
follows:
``(C) Discounts.--The Secretary, in the
sole discretion of the Secretary, shall
establish the discount under this paragraph for
an eligible asset. In determining the discount,
the Secretary may consider the condition of the
asset property, the extent of resources
available to the preferred purchaser, the
comprehensive revitalization plan undertaken by
such purchaser, the financial safety and
soundness of the Mutual Mortgage Insurance
Fund, and any other circumstances the Secretary
considers appropriate''; and
(B) by striking subparagraph (D);
(5) in paragraph (7)(A), by striking ``eligible
assets to be purchased and the interests sold'' and
inserting ``category or categories of eligible assets
to be purchased and, based on the purchaser's capacity
to manage and dispose of assets, the maximum number of
assets owned by the Secretary at the time the sale
agreement is executed that shall be sold to the
purchaser''; and
(6) in paragraph (8)--
(A) in subparagraph (F), by inserting after
``State'' the following: ``, and any agency or
instrumentality thereof that is established
pursuant to legislation and designated by the
chief executive officer to act on behalf of the
jurisdiction with regard to the provisions of
this subsection''; and
(B) by adding the following new
subparagraphs at the end:
``(G) State.--The term `State' means any
State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or any agency or
instrumentality thereof that is established
pursuant to legislation and designated by the
chief executive officer to act on behalf of the
State with regard to provisions of this
subjection.
``(H) Indian tribe.--The term ``Indian
tribe'' has the same meaning as in section
248(i)(I) of this Act.''.
Sec. 222. Section 203(c) of the National Housing Act (12
U.S.C. 1709(c)), as amended, is further amended in paragraph
(1) by striking ``subsections (n) and (k)'' and inserting
``subsection (n)'' and striking ``or (k)''.
Sec. 223. Section 203(c)(2)(A) of the National Housing Act
(12 U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
``subparagraph'' by inserting the following: ``, provided that
the mortgagor refinances the unpaid principal obligation under
title II of this Act''. This provision shall apply to loans
that become insured on or after date of enactment of this Act.
Sec. 224. The portion of any athletic scholarship
assistance that is available for housing costs shall be
considered adjusted income for purposes of section 3(b)(5) of
the United States Housing Act of 1937. The Secretary of Housing
and Urban Development shall by notice establish criteria under
which persons who receive athletic scholarship assistance may
be denied housing assistance under the United States Housing
Act of 1937.
Sec. 225. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2004.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one for replacement only) and hire of
passenger motor vehicles; not to exceed $7,500 for official
reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by
law of such countries, $41,100,000, to remain available until
expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $12,000,000, to remain
available until expended, for purposes authorized by 36 U.S.C.
2109.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefore, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376, $9,100,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three
career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other
provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board,
and shall not appoint any individuals to positions within the
Board.
emergency fund
For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise
provided for, $400,000, to remain available until expended.
Department of the Treasury
Community Development Financial Institutions
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$55,522,000, to remain available until September 30, 2006, of
which $4,000,000 shall be for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian country,
Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $14,900,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $6,000,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$11,000,000.
Consumer Product Safety Commission
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $62,650,000.
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et
seq.), $545,884,000, to remain available until September 30,
2006: Provided, That not more than $290,000,000 of the amount
provided under this heading shall be available for grants under
the National Service Trust Program authorized under subtitle C
of title I of the Act (42 U.S.C. 12571 et seq.) (relating to
activities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps Education
Awards Program (without regard to the requirements of sections
121(d) and (e), section 131(e), section 132, and sections
140(a), (d), and (e) of the Act): Provided further, That not
less than $144,000,000 of the amount provided under this
heading, to remain available without fiscal year limitation,
shall be transferred to the National Service Trust for
educational awards authorized under subtitle D of title I of
the Act (42 U.S.C. 12601), of which up to $3,900,000 shall be
available to support national service scholarships for high
school students performing community service, and of which
$13,000,000 shall be held in reserve as defined in Public Law
108-45: Provided further, That in addition to amounts otherwise
provided to the National Service Trust under the second
proviso, the Corporation may transfer funds from the amount
provided under the first proviso, to the National Service Trust
authorized under subtitle D of title I of the Act (42 U.S.C.
12601) upon determination that such transfer is necessary to
support the activities of national service participants and
after notice is transmitted to Congress: Provided further, That
of the amount provided under this heading for grants under the
National Service Trust program authorized under subtitle C of
title I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)): Provided further, That not more than $13,334,000
shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C.
12853 et seq.), of which $4,000,000 shall be available for
challenge grants to non-profit organizations: Provided further,
That notwithstanding subtitle H of title I of the Act (42
U.S.C. 12853), none of the funds provided under the previous
proviso shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees:
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be
provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation,replicability, and sustainability: Provided further,
That $25,500,000 of the funds made available under this heading shall
be available for the Civilian Community Corps authorized under subtitle
E of title I of the Act (42 U.S.C. 12611 et seq.): Provided further,
That $43,000,000 shall be available for school-based and community-
based service-learning programs authorized under subtitle B of title I
of the Act (42 U.S.C. 12521 et seq.): Provided further, That $3,550,000
shall be available for audits and other evaluations authorized under
section 179 of the Act (42 U.S.C. 12639): Provided further, That
$10,000,000 of the funds made available under this heading shall be
made available for the Points of Light Foundation for activities
authorized under title III of the Act (42 U.S.C. 12661 et seq.), of
which not more than $2,500,000 may be used to support an endowment
fund, the corpus of which shall remain intact and the interest income
from which shall be used to support activities described in title III
of the Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or comparable
interest bearing accounts, certificates of deposit, money market funds,
mutual funds, obligations of the United States, and other market
instruments and securities but not in real estate investments: Provided
further, That no funds shall be available for national service programs
run by Federal agencies authorized under section 121(b) of such Act (42
U.S.C. 12571(b)): Provided further, That $4,500,000 of the funds made
available under this heading shall be made available to America's
Promise--The Alliance for Youth, Inc.: Provided further, That to the
maximum extent practicable, the Corporation shall increase
significantly the level of matching funds and in-kind contributions
provided by the private sector, and shall reduce the total Federal
costs per participant in all programs.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.) including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109, and
not to exceed $2,500 for official reception and representation
expenses, $26,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$6,000,000, to remain available until September 30, 2006.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State agency,
in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing applicants
who are individuals with disabilities may be provided to any
entity that receives a grant under section 121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector
General audit resolution procedures which include, but are not
limited to, debarment of any grantee (or successor in interest
or any entity with substantially the same person or persons in
control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs, including any grantee that has been determined to
have violated the prohibition of using Federal funds to lobby
the Congress: Provided, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.
For fiscal year 2005, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking. For fiscal year
2005, during any grant selection process, no officer or
employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or
employee of the Corporation that is authorized by the
Corporation to receive such information.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by 38
U.S.C. 7251-7298, $17,250,000, of which $1,100,000 shall be
available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of one passenger motor vehicle for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $29,600,000, to remain
available until expended.
Department of Health and Human Services
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $80,486,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $76,654,000: Provided, That
notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers: Provided further, That in performing any
such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(i) of CERCLA during fiscal
year 2005, and existing profiles may be updated as necessary.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel and related costs and travel
expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376; procurement of laboratory
equipment and supplies; other operating expenses in support of
research and development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $750,061,000, which shall remain available
until September 30, 2006: Provided, That of the amounts made
available under this heading $1,000,000 shall be transferred to
the Office of Environmental Quality Management fund.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,313,409,000, which shall remain available until
September 30, 2006, including administrative costs of the
brownfields program under the Small Business Liability Relief
and Brownfields Revitalization Act of 2002.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $38,000,000, to remain available until
September 30, 2006.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$39,000,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611), and for construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; $1,257,537,000,
to remain available until expended, consisting of such sums as
are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,257,537,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $13,000,000 shall be transferred to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2006, and $36,097,000 shall be transferred to the
``Science and technology'' appropriation to remain available
until September 30, 2006.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$70,000,000, to remain available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $16,000,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,604,182,000, to remain
available until expended, of which $1,100,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''), of which up to
$50,000,000 shall be available for loans, including interest
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to
municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or
that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized
or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration;
$850,000,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act,
as amended, none of the funds made available under this heading
in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on
drinking water contaminants; $50,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $45,000,000 shall be for grants
to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds (1) the State of Alaska shall
provide a match of 25 percent, (2) no more than 5 percent of
the funds may be used for administrative and overhead expenses,
and (3) not later than October 1, 2005 the State of Alaska
shall make awards consistent with the statewide priority list
established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities; $4,000,000 shall be for remediation
of above ground leaking fuel tanks pursuant to Public Law 106-
554; $309,925,000 shall be for making grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in the
joint explanatory statement of the managers accompanying this
Act, and, for purposes of these grants, each grantee shall
contribute not less than 45 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency;
$90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
$7,500,000 for a cost-shared grant program to school districts
for necessary upgrades of their diesel bus fleets; and
$1,145,757,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution
prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under
this heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities of which and subject
to terms and conditions specified by the Administrator, of
which $50,000,000 shall be for carrying out section 128 of
CERCLA, as amended, and $19,500,000 shall be for Environmental
Information Exchange Network grants, including associated
program support costs, and $18,000,000 shall be for making
competitive targeted watershed grants: Provided further, That
for fiscal year 2005, State authority under section 302(a) of
Public Law 104-182 shall remain in effect: Provided further,
That notwithstanding section 603(d)(7) of the Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2005 and prior years where
such amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2005,
and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of that Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2005,
notwithstanding the limitation on amounts in section 518(c) of
the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that
Act may be reserved by the Administrator for grants under
section 518(c) of such Act: Provided further, That no funds
provided by this legislation to address the water, wastewater
and other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be
made available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure: Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-7, in reference to item number
471, is deemed to be amended by striking everything after
``for'' and inserting, ``for water infrastructure
improvements'': Provided further, That the referenced statement
of the managers under this heading in Public Law 108-199, in
reference to item number 22, is deemed to be amended by
striking everything after ``22.'' and inserting, ``$200,000 to
Jackson County, Alabama, for water system improvements and
$200,000 to the City of Muscle Shoals, Alabama, for water and
sewer infrastructure improvements'': Provided further, That the
referenced statement of the managers under this heading in
Public Law 108-199, in reference to item number 158, is deemed
to be amended by inserting ``water and'' after ``for'':
Provided further, That the referenced statement of the managers
under this heading in Public Law 107-73 is deemed to be amended
by striking ``Southeast'' in reference to item 9 and inserting
``Southwest'': Provided further, That the referenced statement
of the managers under this heading in Public Law 107-73, in
reference to item number 103, is deemed to be amended by
striking everything after the word ``for'', and adding, ``the
City of Chicago, Illinois for water infrastructure improvements
at the Thomas Jefferson and Lakeview Pumping Stations'':
Provided further, That the referenced statement of the managers
under this heading in Public Law 108-199, in reference to item
number 484, is deemed to be amended by striking ``City of
Norfolk'' and inserting ``Portsmouth Virginia'': Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-199, in reference to item number
283, is deemed to be amended by striking ``City of Kalispell,
Montana'' and inserting ``Flathead County Water and Sewer
District No. 1--Evergreen'': Provided further, That the
referenced statement of managers under this heading in Public
Law 108-7, in reference to item number 139,is deemed to be
amended by striking ``State of Hawaii Health Department'' and inserting
``County of Hawaii'': Provided further, That the referenced statement
of managers under this heading in Public Law 108-199, in reference to
item number 148, is deemed to be amended by striking everything after
the word ``for'' and inserting ``the replacement of cesspools in
Hawaii, $250,000 to the City and County of Honolulu for Varona Village,
$500,000 to the County of Hawaii and the remainder to the Housing and
Community Development Corporation of Hawaii;'': Provided further, That
the referenced statement of the managers under this heading in Public
Law 108-199, in reference to item number 388, is deemed to be amended
by striking everything after the word ``for'' and inserting ``the
Southeast Water Treatment Plant in Lawton, Oklahoma for water and
wastewater infrastructure improvements;'': Provided further, That the
referenced statement of the managers under this heading in Public Law
106-377, in reference to item number 46, is deemed to be amended by
striking, ``to construct pump stations, force mains, storage lagoons
and spray irrigation facility'', and inserting, ``for wastewater
treatment improvements'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-199, in
reference to item number 409, is deemed to be amended by striking
``City of'' and ``Pennsylvania'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-199, in
reference to item number 265, is deemed to be amended by striking,
``Franklin County'', and inserting, ``Okhissa Lake Sewer District'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-199, in reference to item number 322, is
deemed to be amended by inserting ``and water'' after ``wastewater'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-199, in reference to item number 173, is
deemed to be amended by inserting ``planning, design and'' prior to
``construction'': Provided further, notwithstanding any other provision
of law, the Environmental Protection Agency and the New York State
Department of Environmental Conservation are authorized to award a
$2,000,000 grant to the Town of Wheatfield, Niagara County, New York
for the construction of sanitary collector sewers from funds realloted
to the State of New York under title II of the Clean Water Act:
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-199, in reference to item number 184, is
deemed to be amended by striking ``be divided equally between'' and by
striking ``and'' and inserting in place of ``and'', ``or''.
ADMINISTRATIVE PROVISIONS
For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally-recognized Indian
Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement Act
of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2005 may be used to award grants or loans
under section 104(k) of CERCLA to eligible entities that
satisfy all of the elements set forth in CERCLA section 101(40)
to qualify as a bona fide prospective purchaser except that the
date of acquisition of the property was prior to the date of
enactment of the Small Business Liability Relief and Brownfield
Revitalization Act of 2001.
The Administrator may hereafter receive and use funds
contributed by a non-Federal sponsor as its share of the cost
of a project to carry out a project under paragraph (c)(12) of
section 118 of the Federal Water Pollution Control Act, as
amended.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, not to
exceed $2,500 for official reception and representation
expenses, and rental of conference rooms in the District of
Columbia, $6,379,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$3,284,000: Provided, That notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $30,125,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and the
FSLIC Resolution Fund.
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$14,907,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Information
Center activities in the aggregate amount not to exceed
$27,000,000. Appropriations, revenues, and collections accruing
to this Fund during fiscal year 2005 in excess of such amount
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
United States Interagency Council on Homelessness
OPERATING EXPENSES
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code)
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $1,500,000.
National Aeronautics and Space Administration
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of
new facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control and communications activities including
operations, production, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $7,742,550,000, to remain
available until September 30, 2006, of which amounts as
determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Exploration capabilities'' in
accordance with section 312(b) of the National Aeronautics and
Space Act of 1958, as amended by Public Law 106-377.
EXPLORATION CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration capabilities research and
development activities, including research, development,
operations, support and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space flight,
spacecraft control and communications activities including
operations, production, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $8,425,850,000, to remain
available until September 30, 2006, of which amounts as
determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Science, aeronautics and
exploration'' in accordance with section 312(b) of the National
Aeronautics and Space Act of 1958, as amended by Public Law
106-377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$31,600,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Exploration capabilities'' by this appropriations Act, when
any activity has been initiated by the incurrence of
obligations for construction of facilities or environmental
compliance and restoration activities as authorized by law,
such amount available for such activity shall remain available
until expended. This provision does not apply to the amounts
appropriated for institutional minor revitalization and
construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Exploration capabilities'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2007.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the
appropriation that provides such activity under this Act.
Balances so transferred may be merged with funds in the newly
established account and thereafter may be accounted for as one
fund under the same terms and conditions but shall remain
available for the same period of time as originally
appropriated.
From amounts made available in this Act for these
activities, subject to the operating plan procedures of
theHouse and Senate Committees on Appropriations, the Administrator may
transfer amounts between the ``Science, aeronautics, and exploration''
account and the ``Exploration capabilities'' account.
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn. Funding shall not
be made available for Centennial Challenges unless authorized.
Funding made available under the headings ``Exploration
Capabilities'' and ``Science, aeronautics, and exploration'' in
this Act shall be governed by the terms and conditions
specified in the statement of managers except to the extent
changes are made in accordance with the operating plan
procedures of the House and Senate Committees on
Appropriations.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
During fiscal year 2005, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2005 shall not exceed $310,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000
shall be available: Provided, That of this amount $200,000,
together with amounts of principal and interest on loans
repaid, is available until expended for loans to community
development credit unions, and $800,000 is available until
September 30, 2006 for technical assistance to low-income and
community development credit unions.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft;
$4,254,593,000, of which not to exceed $350,000,000 shall
remain available until expended for Polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and
other related activities for the United States Antarctic
program; the balance to remain available until September 30,
2006: Provided, That receipts for scientific support services
and materials furnished by the National Research Centers and
other National Science Foundation supported research facilities
may be credited to this appropriation: Provided further, That
to the extent that the amount appropriated is less than the
total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally:
Provided further, That $95,000,000 of the funds available under
this heading shall be made available for a comprehensive
research initiative on plant genomes for economically
significant crops: Provided further, That, not to exceed
$25,954,000 of these funds shall be for all costs, direct and
indirect, associated with personnel assignments under the
Intergovernmental Personnel Act.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended, including
authorized travel, $175,050,000, to remain available until
expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, and rental of conference rooms in
the District of Columbia, $848,207,000, to remain available
until September 30, 2006: Provided, That to the extent that the
amount of this appropriation is less than the total amount
authorized to be appropriated for included program activities,
all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their
subactivities shall be reduced proportionally: Provided
further, That not to exceed $5,500,000 of these funds shall be
for all costs, direct and indirect, associated with personnel
assignments under the Intergovernmental Personnel Act.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875); services authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles; not to exceed $9,000 for official
reception and representation expenses; uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; rental of
conference rooms in the District of Columbia; and reimbursement
of the General Services Administration for security guard
services; $225,000,000: Provided, That contracts may be entered
into under ``Salaries and expenses'' in fiscal year 2005 for
maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,000,000:
Provided, That not more than $9,000 shall be available for
official reception and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as amended,
$10,110,000, to remain available until September 30, 2006.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized
by the Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101-8107), $115,000,000, of which $5,000,000 shall be for a
multi-family rental housing program.
Selective Service System
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$26,300,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of
31 U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
White House Commission on the National Moment of Remembrance
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $250,000.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be
expended--
(1) pursuant to a certification of an officer or
employee of the United States unless--
(A) such certification is accompanied by,
or is part of, a voucher or abstract which
describes the payee or payees and the items or
services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit by
the General Accounting Officer or is specifically
exempt by law from such audit.
Sec. 403. None of the funds provided in this Act to any
department or agency may be obligated or expended for: (1) the
transportation of any officer or employee of such department or
agency between the domicile and the place of employment of the
officer or employee, with the exception of an officer or
employee authorized such transportation under 31 U.S.C. 1344 or
5 U.S.C. 7905 or (2) to provide a cook, chauffeur, or other
personal servants to any officer or employee of such department
or agency.
Sec. 404. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients
that do not share in the cost of conducting research resulting
from proposals not specifically solicited by the Government:
Provided, That the extent of cost sharing by the recipient
shall reflect the mutuality of interest of the grantee or
contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV of
the Executive Schedule, unless specifically authorized by law.
Sec. 406. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of the
Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 407. Except as otherwise provided under existing law,
or under an existing Executive order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter
of public record and available for public inspection; and (2)
thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on
which the list is made available to the public and of all
contracts on which performance has not been completed by such
date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description of
the work to be performed under each such contract.
Sec. 408. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management and
Budget Circular A-21.
Sec. 409. Such sums as may be necessary for fiscal year
2005 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 410. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
Sec. 411. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 412. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be
used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties to
lobby or litigate in respect to adjudicatory proceedings funded
in this Act. A chief executive officer of any entity receiving
funds under this Act shall certify that none of these funds
have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless
authorized under existing law.
Sec. 413. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication,
radio, television or film presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 414. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 415. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other
appropriation Act.
Sec. 416. None of the funds provided in this Act to any
department or agency shall be obligated or expended to procure
passenger automobiles as defined in 15 U.S.C. 2001 with an EPA
estimated miles per gallon average of less than 22 miles per
gallon.
Sec. 417. Section 313 of the National Aeronautics and Space
Act of 1958, as amended, is further amended in subsection (A)--
(1) by striking ``2004'' and inserting ``2005'';
and
(2) by striking ``Space flight capabilities'' and
inserting ``Exploration capabilities''.
Sec. 418. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Service Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 419. It is the sense of Congress that no veteran
should wait more than 30 days for an initial doctor's
appointment.
Sec. 420. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments as
provided for in subchapter II of chapter 35 of title 5, United
States Code, unless the Administrator of NASA has first
certified to Congress that such payments would not result in
the loss of skills related to the safety of the Space Shuttle
or the International Space Station or to the conduct of
independent safety oversight in the National Aeronautics and
Space Administration.
Sec. 421. (a) Treatment of Pioneer Homes in Alaska as State
Home for Veterans.--For this fiscal year and each fiscal year
hereafter, the Secretary of Veterans Affairs may--
(1) treat the Pioneer Homes in the State of Alaska
collectively as a single State home for veterans for
purposes of section 1741 of title 38, United States
Code; and
(2) make per diem payments to the State of Alaska
for care provided to veterans in the Pioneer Homes in
accordance with the provisions of that section.
(b) Treatment Notwithstanding Non-Veteran Residency.--The
Secretary may treat the Pioneer Homes as a State home under
subsection (a) notwithstanding the residency of non-veterans in
one or more of the Pioneer Homes.
(c) Pioneer Homes Defined.--In this section, the term
``Pioneer Homes'' means the six regional homes in the State of
Alaska known as Pioneer Homes, which are located in the
following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
(d) Limitation.--The number of beds occupied by veterans
collectively in the six Pioneer Homes listed under subsection
(c) for which per diem would be paid under this authority shall
not exceed the number of veterans in state beds that otherwise
would be permitted in Alaska under the Department of Veterans
Affairs state home regulations governing the number of beds per
veteran population.
Sec. 422. Of the amounts available to the National
Aeronautics and Space Administration, such sums as may be
necessary for the benefit of the families of the astronauts who
died on board the Space Shuttle Columbia on February 1, 2003,
are available under the terms of section 203(c)(13) of the
National Aeronautics and Space Act of 1958, as amended,
independent of the limitations established therein.
Sec. 423. Section 428 of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2004 is amended--
(1) in subsection (c), by inserting ``new'' before
``spark ignition engines''; and
(2) in subsection (d), by striking out ``The
prohibition in subsection (e)'' and inserting in lieu
thereof: ``The prohibition in subsection (c)''.
Sec. 424. In addition to the amounts otherwise provided in
this or any other Act for fiscal year 2005, for ``Department of
Housing and Urban Development, Community Development Fund'',
$31,000,000 to remain available until expended for a grant to
The Hudson River Park Trust for planning, design and
reconstruction of Pier 86 in New York City.
Sec. 425. From within funds available to the Secretary of
Veterans Affairs, $200,000 shall be made available until
expended to Eric and Brian Simon of Minneapolis, Minnesota, to
be divided evenly between the individuals.
Sec. 426. (a) Waiver of Requirements.--Subject to section
2, the limitation on the release of funds in section 104(g)(2)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5304) shall not apply to the Village of Chickasaw Sewer
Collection and Treatment System, located in the Village of
Chickasaw, Mercer County, Ohio.
(b) Applicability.--Section 1 only applies to the grant
that was awarded to the Village of Chickasaw (Ohio Small Cities
CDBG Grant # C-W-03-283-1), for the period beginning September
1, 2003 and ending October 31, 2005 and in the amount of
$600,000.
(c) Environmental Reviews.--Notwithstanding the provisions
of this Act, the Village of Chickasaw must complete all
appropriate environmental reviews in a timely manner and to the
satisfaction of the state of Ohio.
This division may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2005''.
DIVISION J--OTHER MATTERS
TITLE I--MISCELLANEOUS PROVISIONS AND OFFSETS
Sec. 101. For an additional amount for the Department of
Energy for the weatherization assistance program pursuant to 42
U.S.C. 6861 et seq. and notwithstanding section 3003(d)(2) of
Public Law 99-509, $230,000,000, to remain available until
expended.
Sec. 102. Section 1201(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375) is amended by striking ``$300,000,000'' in the matter
preceding paragraph (1) and inserting ``$500,000,000''.
Sec. 103. (a) The District of Columbia Appropriations Act,
2005 (Public Law 108-335) is amended as follows:
(1) The paragraph under the heading ``Capital
Outlay'' is amended by striking ``For construction
projects, an increase of $1,087,649,000, of which
$839,898,000 shall be from local funds, $38,542,000
from Highway Trust funds, $37,000,000 from the Rights-
of-way funds, $172,209,000 from Federal grant funds,
and a rescission of $361,763,000 from local funds
appropriated under this heading in prior fiscal years,
for a net amount of $725,886,000, to remain available
until expended;'' and inserting ``For construction
projects, an increase of $1,102,039,000, of which
$839,898,000 shall be from local funds, $38,542,000
from Highway Trust funds, $51,390,000 from the Rights-
of-way funds, $172,209,000 from Federal grant funds,
and a rescission of $361,763,000 from local funds
appropriated under this heading in prior fiscal years,
for a net amount of $740,276,000, to remain available
until expended;''.
(2) Section 340(a) is amended to read as follows:
``(a) Section 603(e)(3)(E) of the Student Loan Marketing
Association Reorganization Act of 1996 (20 U.S.C.
1155(e)(3)(E)) is amended--
``(1) by striking `and' at the end of subclause
(II);
``(2) by striking the period at the end of
subclause (III) and inserting `; and'; and
``(3) by adding at the end the following new
subclause:
``(IV) obtaining lease
guarantees (in accordance with
regulations promulgated by the
Office of Public Charter School
Financing).''.
(3) Section 342 is amended to read as follows:
``Sec. 342. Public School Services to Charter Schools.
Section 2209(b) of the District of Columbia School Reform Act
of 1995 (sec. 38-1802.09(b), D.C. Official Code) is amended as
follows:
``(1) In paragraph (1)--
``(A) by amending subparagraph (A) to read
as follows:
`(A) In general.--Notwithstanding any other
provision of law, regulation, or order relating
to the disposition of a facility or property
described in subparagraph (B), the Mayor and
the District of Columbia government shall give
a right of first offer with respect to any
facility or property described in subparagraph
(B) not previously purchased, leased, or
transferred, or under contract to be purchased,
leased, or transferred, or the subject of a
previously proposed resolution submitted by the
Mayor on or before December 1, 2004, to the
Council of the District of Columbia seeking
authority for disposition of such facility or
property, or under an Exclusive Rights
Agreement executed on or before December 1,
2004, to an eligible applicant whose petition
to establish a public charter school has been
conditionally approved under section
2203(d)(2), or a Board of Trustees, with
respect to the purchase, lease, transfer, or
use of a facility or property described in
subparagraph (B).';
``(B) by amending subparagraph (B)(iii) to
read as follows:
`(iii) with respect to which--
`(I) the Board of Education
has transferred jurisdiction to
the Mayor and over which the
Mayor has jurisdiction on the
effective date of this
subclause; or
`(II) over which the Mayor
or any successor agency gains
jurisdiction after the
effective date of this
subclause.'; and
``(C) by adding at the end the following
new subparagraph:
`(C) Terms of purchase or lease.--The terms
of purchase or lease of a facility or property
described in subparagraph (B) shall--
`(i) be negotiated by the Mayor in
accordance with written rules or
regulations as determined by the Mayor,
and published in the District of
Columbia Register;
`(ii) include rent or an
acquisition price, as applicable, that
is at the appraised value of the
property based on use of the property
for school purposes; and
`(iii) include a lease period, if
the property is to be leased, of not
less than 25 years, and renewable for
additional 25-year periods as long as
the eligible applicant or Board of
Trustees maintains its charter.'.
``(2) In paragraph (2)(A), by striking `first
preference' and inserting `a right of first offer'.
``(3) By adding at the end the following new
paragraph:
`(3) Conversion public charter schools.--Any
District of Columbia public school that was approved to
become a conversion public charter school under section
2201 before the effective date of this subsection or is
approved to become a conversion public charter school
after the effective date of this subsection, shall have
the right to exclusively occupy the facilities the
school occupied as a District of Columbia public school
under a lease for a period of not less than 25 years,
renewable for additional 25-year periods as long as the
school maintains its charter at the appraised value of
the property based on use of the property for school
purposes.'.''.
(4) Section 347 is amended by striking paragraphs
(1) and (2) and inserting the following:
``(1) by striking subsection (f) and inserting the
following:
`(f) Audit.--The Board shall maintain its accounts
according to Generally Accepted Accounting Principles. The
Board shall provide for an audit of the financial statements of
the Board by an independent certified public accountant in
accordance with Government auditing standards for financial
audits issued by the Comptroller General. The findings and
recommendations of any such audit shall be forwarded to the
Mayor, the Council of the District of Columbia, and the Office
of the Chief Financial Officer of the District of Columbia.';
and
``(2) by adding at the end the following new
subsection:
`(h) Contracting and Procurement.--The Board shall have the
authority to solicit, award, and execute contracts
independently of the Office of Contracting and Procurement and
the Chief Procurement Officer.'.''.
(b) The amendments made by this section shall take effect
as if included in the enactment of the District of Columbia
Appropriations Act, 2005.
Sec. 104. The Secretary of the Department of Homeland
Security shall transfer up to $40,000,000 from funds
appropriated to the Coast Guard's ``Acquisition, Construction,
and Improvements'' account in fiscal year 2005 from the Rescue
21 project to the HH-65 re-engining project, subject to 15-day
advance notification to the House and Senate Committees on
Appropriations.
Sec. 105. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is
amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
Sec. 106. Notwithstanding the amounts in the detailed
funding table included in House Report 108-774, the
appropriation for ``Transportation Security Administration,
Maritime and Land Security'' shall include the following:
``Credentialing, $5,000,000; TWIC, $15,000,000; Hazardous
materials truck tracking, $2,000,000; Hazardous materials
safety, $17,000,000; Enterprise staffing, $24,000,000; Rail
security, $12,000,000; Offsetting collections, $-27,000,000''.
Sec. 107. The matter under the heading ``Military
Construction, Navy and Marine Corps'' in the Military
Construction Appropriations Act, 2005 (division A of Public Law
108-324), is amended by striking ``$1,069,947,000'' and
inserting ``$1,065,597,000'' and the matter under the heading
``Military Construction, Naval Reserve'' in such Act is amended
by striking ``$44,246,000'' and inserting ``$48,596,000''.
Sec. 108. Notwithstanding any other provision of law, in
addition to amounts otherwise made available in the Department
of Defense Appropriations Act, 2005 (Public Law 108-287), an
additional $2,000,000 is hereby appropriated and shall be made
available under the heading ``Shipbuilding and Conversion,
Navy'', only for the Secretary of the Navy for the purpose of
acquiring a vessel with the Coast Guard registration number
225115: Provided, That the Secretary of the Navy shall provide
for the transportation of the vessel from its present location:
Provided further, That the Secretary of the Navy may lend,
give, or otherwise dispose of the vessel at his election
pursuant to 10 U.S.C. section 2572, 7545, or 7306, or using
such procedures as the Secretary deems appropriate, and to such
recipient as the Secretary deems appropriate, without regard to
these provisions.
SECTION 109. DESIGNATION OF NATIONAL TREE.
(a) Designation.--Chapter 3 of title 36, United States
Code, is amended by adding at the end the following:
``Sec. 305. National tree
``The tree genus Quercus, commonly known as the oak tree,
is the national tree.''.
(b) Conforming Amendments.--Such title is amended--
(1) in the table of contents for part A of subtitle
I, by striking ``, and March'' and inserting ``March,
and Tree'';
(2) in the chapter heading for chapter 3, by
striking ``, AND MARCH'' and inserting ``MARCH, AND
TREE''; and
(3) in the table of sections for chapter 3, by
adding at the end the following:
``305. National tree.''.
Sec. 110. Section 204(g) of the Employee Retirement Income
Security Act of 1974, as amended (29 U.S.C. Sec. 1054(g)) shall
not apply at any time, whether before or after the enactment of
this section, to an amendment adopted prior to June 7, 2004 by
a [multiemployer] pension plan covering primarily employees
working in the State of Alaska, to the extent that such
amendment--
(a) provides for the suspension of the payment of
benefits, modifies the conditions under which the
payment of benefits is suspended, or suspends actual
adjustments in benefit payments in accordance with
section 203(a)(3)(B) of said Act (29 U.S.C.
Sec. 1053(a)(3)(B)) and applicable regulations, and
(b) applies to participants who have not retired
before the adoption of such amendment.
Sec. 111. (a) The head of each Federal agency or department
shall--
(1) provide each new employee of the agency or
department with educational and training materials
concerning the United States Constitution as part of
the orientation materials provided to the new employee;
and
(2) provide educational and training materials
concerning the United States Constitution to each
employee of the agency or department on September 17 of
each year.
(b) Each educational institution that receives Federal
funds for a fiscal year shall hold an educational program on
the United States Constitution on September 17 of such year for
the students served by the educational institution.
(c) Title 36 of the United States Code is amended--
(1) in section 106--
(A) in the heading, by inserting
``Constitution Day and'' before ``Citizenship
Day'';
(B) in subsection (a), by striking ``is
Citizenship Day.'' and inserting ``is
designated as Constitution Day and Citizenship
Day.'';
(C) in subsection (b)--
(i) by inserting ``Constitution Day
and'' before ``Citizenship Day''; and
(ii) by striking ``commemorates''
and inserting ``commemorate''; and
(iii) by striking ``recognizes''
and inserting ``recognize'';
(D) in subsection (c), by inserting
``Constitution Day and'' before ``Citizenship
Day'' both places where such term appears; and
(E) in subsection (d), by inserting
``Constitution Day and'' before ``Citizenship
Day''; and
(2) in the item relating to section 106 of the
table of contents, by inserting ``Constitution Day
and'' before ``Citizenship Day''.
(d) This section shall be without fiscal year limitation.
Sec. 112. (a) Notwithstanding any other provision of law or
any contract, (1) the rates in effect on November 15, 2004,
under the tariff (the ``tariff'') required by FCC 94-116
(reduced three percent annually starting January 1, 2006) shall
apply beginning 45 days after the date of enactment of this Act
through December 31, 2009, to the sale and purchase of
interstate switched wholesale service elements offered by any
provider originating or terminating anywhere in the area (the
``market'') described in section 4.7 of the tariff
(collectively, the ``covered services''); (2) beginning April
1, 2005, through December 31, 2009, no provider of covered
services may provide, and no purchaser of such services may
obtain, covered services in the same contract with services
other than those that originate or terminate in the market, if
the covered services in the contract represent more than five
percent of such contract's total value; and (3) revenues
collected hereunder (less costs) for calendar years 2005
through 2009 shall be used to support and expand the network in
the market.
(b) Effective on the date of enactment of this Act, (1) the
conditions described in FCC 95-334 and the related conditions
imposed in FCC 94-116, FCC 95-427, and FCC 96-485, and (2) all
pending proceedings relating to the tariff, shall terminate.
Thereafter, the State regulatory commission with jurisdiction
over the market shall treat all interexchange carriers serving
the market the same with respect to the provision of intrastate
services, with the goal of reducing regulation, and shall not
require such carriers to file reports based on the Uniform
System of Accounts.
(c) Any provider may file to enforce this section
(including damages and injunctive relief) before the FCC (whose
final order may be appealed under 47 U.S.C. 402(a)) or under 47
U.S.C. 207 if the FCC fails to issue a final order within 90
days of a filing. Nothing herein shall affect rate integration,
carrier-of-last-resort obligations of any carrier or its
successor, or the purchase of covered services by any rural
telephone company (as defined in 47 U.S.C. 153(37)), or an
affiliate under its control, for its provision of retail
interstate interexchange services originating in the market.
Sec. 113. Direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents may be made available
for or in Libya, notwithstanding section 507 or similar
provisions in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005, or prior acts making
appropriations for foreign operations, export financing, and
related programs, if the President determines that to do so is
important to the national security interests of the United
States.
Sec. 114. (a) Section 146 of Pub. L. 108-199 is amended:
(1) by striking ``section 386 of the Energy Policy
Act of 2003'' and inserting in lieu thereof ``section
116 of Division C of Pub. L. 108-324'';
(2) by striking ``, except that upon that Act
becoming law, section 386 is amended through this
Act:'' and inserting ``and section 116 of Division C of
Pub. L. 108-324 is amended:''
(3) by striking ``paragraph 386(b)(1)'' and
inserting in lieu thereof ``paragraph (b)(1) of section
116 of Division C of Pub. L. 108-324'';
(4) by striking ``paragraph 386(c)(2)'' and
inserting in lieu thereof ``paragraph (c)(2) of section
116 of Division C of Pub. L. 108-324''; and
(5) by striking ``paragraph 386(g)(4)'' and
inserting in lieu thereof ``paragraph (g)(4) of section
116 of Division C of Pub. L. 324;
(b) Section 116(b) of Division C of Pub. L. 108-324, the
Military Construction bill, is amended by adding a new
paragraph as follows:
``(4) Such loan guarantee may be utilized only by
the project chosen by the Federal Energy Regulatory
Commission as the qualified project.''
Sec. 115. Any unobligated amount appropriated pursuant to
section 353(b) of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-303), shall be made available to complete the
project described in section 353(a) of that Act.
Sec. 116. (a) Designation of National Veterans Memorial.--
The Mt. Soledad Veterans Memorial located within the Soledad
Natural Park in San Diego, California, which consists of a 29
foot-tall cross and surrounding granite memorial walls
containing plaques engraved with the names and photographs of
veterans of the United States Armed Forces, is hereby
designated as a national memorial honoring veterans of the
United States Armed Forces.
(b) Acquisition and Administration by United States.--Not
later than 90 days after the date on which the City of San
Diego, California, offers to donate the Mt. Soledad Veterans
Memorial to the United States, the Secretary of the Interior
shall accept, on behalf of the United States, all right, title,
and interest of the City in and to the Mt. Soledad Veterans
Memorial.
(c) Administration of Memorial.--Upon acquisition of the
Mt. Soledad Veterans Memorial by the United States, the
Secretary of the Interior shall administer the Mt. Soledad
Veterans Memorial as a unit of the National Park System, except
that the Secretary shall enter into a memorandum of
understanding with the Mt. Soledad Memorial Association for the
continued maintenance by the Association of the cross and
surrounding granite memorial walls and plaques of the Memorial.
(d) Legal Description.--The Mt. Soledad Veterans Memorial
referred to in this section is all that portion of Pueblo lot
1265 of the Pueblo Lands of San Diego in the City and County of
San Diego, California, according to the map thereof prepared by
James Pascoe in 1879, a copy of which was filed in the office
of the County Recorder of San Diego County on November 14,
1921, and is known as miscellaneous map NO. 36, more
particularly described as follows: The area bounded by the back
of the existing inner sidewalk on top of Mt. Soledad, being
also a circle with a radius of 84 feet, the center of which
circle is located as follows: Beginning at the Southwesterly
corner of such Pueblo Lot 1265, such corner being South 17
degrees 14,33" East (Record South 17 degrees 14,09" East)
607.21 feet distant along the westerly line of such Pueblo lot
1265 from the intersection with the North line of La Jolla
Scenic Drive South as described and dedicated as parcel 2 of
City Council Resolution NO. 216644 adopted August 25, 1976;
thence North 39 degrees 59,24" East 1147.62 feet to the center
of such circle. The exact boundaries and legal description of
the Mt. Soledad Veterans Memorial shall be determined by a
survey prepared jointly by the City of San Diego and the
Secretary of the Interior. Upon acquisition of the Mt. Soledad
Veterans Memorial by the United States, the boundaries of the
Memorial may not be expanded.
Sec. 117. Notwithstanding any other provisions of law,
except section 551 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005, $80,000,000 of
the funds appropriated for the Department of Defense for fiscal
year 2005 may be transferred with the concurrence of the
Secretary of Defense to the Department of State under
``Peacekeeping Operations.''
Sec. 118. In addition, for construction and related
expenses of a facility for the United States Institute of
Peace, $100,000,000, to remain available until expended.
Sec. 119. Notwithstanding any other provision of law, in
addition to amounts otherwise provided in this or any other act
for fiscal year 2005, the following amounts are appropriated:
$2,000,000 for the Helen Keller National Center for Deaf-Blind
Youths and Adults for activities authorized under the Helen
Keller National Center Act; and for the Department of Health
and Human Services, Health Resources and Services
Administration, $1,000,000 for the Hospital for Special Surgery
to establish a National Center for Musculoskeletal Research,
New York, New York, for facilities and equipment; and for the
Department of Health and Human Services, Health Resources and
Services Administration, $1,000,000 for the Jesse Helms Nursing
Center at Union Regional Medical Center, Union County, North
Carolina for facilities and equipment.
Sec. 120. In addition to any amounts provided in this or
any other Act for fiscal year 2005, $1,000,000 is appropriated
for necessary expenses of the Benjamin A. Gilman Institute for
Political and International Studies program at the State
University of New York's Orange County Community College in
Orange, New York.
Sec. 121. Weight Limitations.--The next to the last
sentence of section 127(a) of title 23, United States Code, is
amended by striking ``Interstate Route 95'' and inserting
``Interstate Routes 89, 93, and 95.''
Sec. 122. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 0.83 percent of--
(1) the budget authority provided (or obligation
limitation imposed) for fiscal year 2005 for any discretionary
account in divisions A through J of this Act and in any other
fiscal year 2005 appropriation Act (except any fiscal year 2005
supplemental appopriation Act, the Department of Homeland
Security Appropriations Act, 2005, the Department of Defense
Appropriations Act, 2005, or the Military Construction
Appropriations Act, 2005);
(2) the budget authority provided in any advance
appropriation for fiscal year 2005 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2005
for any program subject to limitation contained in any division
or appropriation Act subject to paragraph (1).
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
This title may be cited as the ``Miscellaneous
Appropriations and Offsets Act, 2005''.
TITLE II--225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
ACT
SECTION 1. SHORT TITLE.
This title may be cited as the `225th Anniversary of the
American Revolution Commemoration Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The American Revolution, inspired by the spirit
of liberty and independence among the inhabitants of
the original 13 colonies of Great Britain, was an event
of global significance having a profound and lasting
effect upon American Government, laws, culture,
society, and values.
(2) The years 2000 through 2008 mark the 225th
anniversary of the Revolutionary War.
(3) Every generation of American citizens should
have an opportunity to understand and appreciate the
continuing legacy of the American Revolution.
(4) This 225th anniversary provides an opportunity
to enhance public awareness and understanding of the
impact of the American Revolution's legacy on the lives
of citizens today.
(5) Although the National Park Service administers
battlefields, historical parks, historic sites, and
programs that address elements of the story of the
American Revolution, there is a need to establish
partnerships that link sites and programs administered
by the National Park Service with those of other
Federal and non-Federal entities in order to place the
story of the American Revolution in the broad context
of its causes, consequences, and meanings.
(6) The story and significance of the American
Revolution can best engage the American people through
a national program of the National Park Service that
links historic structures and sites, routes,
activities, community projects, exhibits, and
multimedia materials, in a manner that is both unified
and flexible.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize the enduring importance of the
American Revolution in the lives of American citizens
today.
(2) To authorize the National Park Service to
coordinate, connect, and facilitate Federal and non-
Federal activities to commemorate, honor, and interpret
the history of the American Revolution, its
significance, and its relevance to the shape and spirit
of American Government and society.
SEC. 3. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
PROGRAM.
(a) In General.--The Secretary of the Interior
(hereinafter in this Act referred to as the ``Secretary'')
shall establish a program to be known as the ``225th
Anniversary of the American Revolution Commemoration''
(hereinafter in this Act referred to as the ``225th
Anniversary''). In administering the 225th Anniversary, the
Secretary shall--
(1) produce and disseminate to appropriate persons
educational materials, such as handbooks, maps,
interpretive guides, or electronic information related
to the 225th Anniversary and the American Revolution;
(2) enter into appropriate cooperative agreements
and memoranda of understanding to provide technical
assistance under subsection (c);
(3) assist in the protection of resources
associated with the American Revolution;
(4) enhance communications, connections, and
collaboration among the National Park Service units and
programs related to the Revolutionary War;
(5) expand the research base for American
Revolution interpretation and education; and
(6) create and adopt an official, uniform symbol or
device for the theme ``Lighting Freedom's Flame:
American Revolution, 225th Anniversary'' and issue
regulations for its use.
(b) Elements.--The 225th Anniversary shall encompass the
following elements:
(1) All units and programs of the National Park
Service determined by the Secretary to pertain to the
American Revolution.
(2) Other governmental and nongovernmental sites,
facilities, and programs of an educational, research,
or interpretive nature that are documented to be
directly related to the American Revolution.
(3) Through the Secretary of State, the
participation of the Governments of the United Kingdom,
France, the Netherlands, Spain, and Canada.
(c) Cooperative Agreements and Memoranda of
Understanding.--To achieve the purposes of this Act and to
ensure effective coordination of the Federal and non-Federal
elements of the 225th Anniversary with National Park Service
units and programs, the Secretary may enter into cooperative
agreements and memoranda of understanding with, and provide
technical assistance to, the following:
(1) The heads of other Federal agencies, States,
units of local government, and private entities.
(2) In cooperation with the Secretary of State, the
Governments of the United Kingdom, France, the
Netherlands, Spain, and Canada.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this Act
$500,000 for each of fiscal years 2004 through 2009.
SEC. 1. TITLE III--RURAL AIR SERVICE IMPROVEMENTS.
(a) Short Title.--This title may be cited as the ``Rural
Air Service Improvement Act of 2004''.
(b) Further Amendments.--The amendments made by this
section are further amendments to section 5402 of title 39,
United States Code, including the amendments made by section
3002 of the 2002 Supplemental Appropriations Act for Further
Recovery From and Response To Terrorist Attacks on the United
States (Public Law 107-206) to that section of title 39, United
States Code.
(c) Existing Mainline Carriers.--Section 5402(a)(10) of
title 39, United States Code, is amended by striking
subparagraph (C) and inserting the following:
``(C) actually engaged in the carriage, on
scheduled service within the State of Alaska,
of mainline nonpriority bypass mail tendered to
it under its designator code.''.
(d) Nonpriority Bypass Mail.--Section 5402(g) of title 39,
United States Code, is amended by striking the matter preceding
paragraph (2) and inserting the following:
``(g)(1)(A) The Postal Service, in selecting carriers of
nonpriority bypass mail to any point served by more than 1
carrier in the State of Alaska, shall adhere to an equitable
tender policy within a qualified group of carriers, in
accordance with the regulations of the Postal Service, and
shall, at a minimum, require that any such carrier--
``(i) hold a certificate of public convenience and
necessity issued under section 41102(a) of title 49;
``(ii) operate at least to such point at least the
number of scheduled flights each week established under
subparagraph (B)(i);
``(iii) exhibit an adherence to such scheduled
flights; and
``(iv) have provided scheduled service with at
least the number of scheduled noncontract flights each
week established under subparagraph (B)(ii) between 2
points within the State of Alaska for at least 12
consecutive months with aircraft--
``(I) up to 7,500 pounds payload capacity
before being selected as a carrier of
nonpriority bypass mail at an applicable intra-
Alaska bush service mail rate; and
``(II) over 7,500 pounds payload capacity
before being selected as a carrier of
nonpriority bypass mail at the intra-Alaska
mainline service mail rate.
``(B)(i) For purposes of subparagraph (A)(ii)--
``(I) for aircraft described under subparagraph
(A)(iv)(I) the number is 3; and
``(II) for aircraft described under subparagraph
(A)(iv)(II), the number is 2, except as may be provided
under subparagraph (C).
``(ii) For purposes of subparagraph (A)(iv)--
``(I) for aircraft described under subparagraph
(A)(iv)(I), the number is 3; and
``(II) for aircraft described under subparagraph
(A)(iv)(II), for any week in any month before the
effective date of the Rural Air Service Improvement Act
of 2004, the number is 3, and after such date, the
number is 2.
``(C) The Postal Service, after consultation with affected
carriers, may establish for service by aircraft described under
subparagraph (A)(iv)(II)--
``(i) a larger number of flights than required
under subparagraph (B)(i); or
``(ii) the days that service will operate.''.
(e) Subcontracts by Existing Mainline Carriers.--Section
5402(g)(4) of title 39, United States Code, is amended by
adding at the end the following:
``(C) A providing carrier selected under subparagraph (A)
may subcontract the transportation of nonpriority bypass mail
to another existing mainline carrier when additional or
substitute aircraft are temporarily needed to meet the delivery
schedule of the Postal Service or the carrier's operating
requirements. The providing carrier shall remain responsible
for the mail from origin through destination.''.
(f) Aircraft Preferences for Other Postal Products.--
Section 5402(g) of title 39, United States Code, is amended by
adding at the end the following:
``(7) Nothing in this section shall preclude the Postal
Service from establishing by regulation aircraft preferences
for the dispatch of postal products other than nonpriority
bypass mail.''.
TITLE IV--VISA REFORM
SEC. 1. SHORT TITLE.
This title may be cited as the ``L-1 Visa and H-1B Visa
Reform Act''.
Subtitle A--L-1 Visa Reform
SEC. 11. SHORT TITLE.
This subtitle may be cited as the ``L-1 Visa
(Intracompany Transferee) Reform Act of 2004''.
SEC. 12. NONIMMIGRANT L-1 VISA CATEGORY.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at
the end the following:
``(F) An alien who will serve in a capacity
involving specialized knowledge with respect to
an employer for purposes of section
101(a)(15)(L) and will be stationed primarily
at the worksite of an employer other than the
petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for
classification under section 101(a)(15)(L) if--
``(i) the alien will be controlled
and supervised principally by such
unaffiliated employer; or
``(ii) the placement of the alien
at the worksite of the unaffiliated
employer is essentially an arrangement
to provide labor for hire for the
unaffiliated employer, rather than a
placement in connection with the
provision of a product or service for
which specialized knowledge specific to
the petitioning employer is
necessary.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to petitions filed on or after the effective date
of this subtitle, whether for initial, extended, or amended
classification.
SEC. 13. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN
INTRACOMPANY TRANSFEREES.
(a) In General.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
striking the last sentence (relating to reduction of the 1-year
period of continuous employment abroad to 6 months).
(b) Applicability.--The amendment made by subsection (a)
shall apply only to petitions for initial classification filed
on or after the effective date of this subtitle.
SEC. 14. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--The Department of Homeland Security
shall maintain statistics regarding petitions filed, approved,
extended, and amended with respect to nonimmigrants described
in section 101(a)(15)(L) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(L)), including the number of such
nonimmigrants who are classified on the basis of specialized
knowledge and the number of nonimmigrants who are classified on
the basis of specialized knowledge in order to work primarily
at offsite locations.
(b) Applicability.--Subsection (a) shall apply to
petitions filed on or after the effective date of this
subtitle.
SEC. 15. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.
Not later than 6 months after the date of enactment of
this Act, the Inspector General of the Department of Homeland
Security shall, consistent with the authority granted the
Department under section 428 of the Homeland Security Act of
2002 (6 U.S.C. 236), examine and report to the Committees on
the Judiciary of the House of Representatives and the Senate on
the vulnerabilities and potential abuses in the visa program
carried out under section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) with respect to
nonimmigrants described in section 101(a)(15)(L) of such Act (8
U.S.C. 1101(a)(15)(L)).
SEC. 16. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--Not later than 6 months after the
date of enactment of this Act, there shall be established an L
Visa Interagency Task Force that consists of representatives
from the Department of Homeland Security, the Department of
Justice, and the Department of State. The Secretaries of each
Department and each relevant bureau of the Department of
Homeland Security shall appoint designees to the L Visa
Interagency Task Force. The L Visa Interagency Task Force shall
consult with other agencies deemed appropriate.
(b) Report.--Not later than 6 months after the submission
of the report by the Inspector General of the Department of
Homeland Security in accordance with section 6, the L Visa
Interagency Task Force shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on the
efforts to implement the recommendations set forth by the
Inspector General's report. The L Visa Interagency Task Force
shall note specific areas of agreement and disagreement, and
make recommendations to Congress on the findings of the Task
Force, including any suggestions for legislation. The Task
Force shall also review other additional issues as may be
raised by the Inspector General's report or by the Task Force's
own deliberations regarding the policies and purposes of the
visa program relative to national goals and transnational
commerce.
SEC. 17. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect 180 days after the date of enactment of this
Act.
Subtitle B--H-1B Visa Reform
SEC. 21. SHORT TITLE.
This subtitle may be cited as the ``H-1B Visa Reform Act
of 2004''.
SEC. 22. TEMPORARY WORKER PROVISIONS.
(a) Attestation Requirements for H-1B Workers.--Section
212(n)(1)(E)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``October 1,
2003,''.
(b) H-1B Employer Petitions.--Section 214(c)(9) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is
amended--
(1) in subparagraph (A), by striking ``October 1,
2003'';
(2) in subparagraph (B), by striking ``$1,000'' and
inserting ``$1,500''; and
(3) in subparagraph (B), by inserting before the
period ``except that the fee shall be half the amount
for each such petition by any employer with not more
than 25 full-time equivalent employees who are employed
in the United States (determined by including any
affiliate or subsidiary of such employer)''.
SEC. 23. H-1B PREVAILING WAGE LEVEL.
Section 212(p) of the Immigration and Nationality Act (8
U.S.C. 1182(p)) is amended by adding at the end the following:
``(3) The prevailing wage required to be paid
pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II),
and (t)(1)(A)(i)(II) shall be 100 percent of the wage
determined pursuant to those sections.
``(4) Where the Secretary of Labor uses, or makes
available to employers, a governmental survey to
determine the prevailing wage, such survey shall
provide at least 4 levels of wages commensurate with
experience, education, and the level of supervision.
Where an existing government survey has only 2 levels,
2 intermediate levels may be created by dividing by 3,
the difference between the 2 levels offered, adding the
quotient thus obtained to the first level and
subtracting that quotient from the second level.''.
SEC. 24. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.
(a) Secretary of Labor Investigative Authority.--
(1) In general.--Section 212(n)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2))
is amended by inserting after subparagraph (F) the
following:
``(G)(i) The Secretary of Labor may
initiate an investigation of any employer that
employs nonimmigrants described in section
101(a)(15)(H)(i)(b) if the Secretary of Labor
has reasonable cause to believe that the
employer is not in compliance with this
subsection. In the case of an investigation
under this clause, the Secretary of Labor (or
the acting Secretary in the case of the absence
of disability of the Secretary of Labor) shall
personally certify that reasonable cause exists
and shall approve commencement of the
investigation. The investigation may be
initiated for reasons other than completeness
and obvious inaccuracies by the employer in
complying with this subsection .
``(ii) If the Secretary of Labor receives
specific credible information from a source who
is likely to have knowledge of an employer's
practices or employment conditions, or an
employer's compliance with the employer's labor
condition application under paragraph (1), and
whose identity is known to the Secretary of
Labor, and such information provides reasonable
cause to believe that the employer has
committed a willful failure to meet a condition
of paragraph (1)(A), (1)(B), (1)(C), (1)(E),
(1)(F), or (1)(G)(i)(I), has engaged in a
pattern or practice of failures to meet such a
condition, or has committed a substantial
failure to meet such a condition that affects
multiple employees, the Secretary of Labor may
conduct an investigation into the alleged
failure or failures. The Secretary of Labor may
withhold the identity of the source from the
employer, and the source's identity shall not
be subject to disclosure under section 552 of
title 5, United States Code.
``(iii) The Secretary of Labor shall
establish a procedure for any person desiring
to provide to the Secretary of Labor
information described in clause (ii) that may
be used, in whole or in part, as the basis for
the commencement of an investigation described
in such clause, to provide the information in
writing on a form developed and provided by the
Secretary of Labor and completed by or on
behalf of the person. The person may not be an
officer or employee of the Department of Labor,
unless the information satisfies the
requirement of clause (iv)(II) (although an
officer or employee of the Department of Labor
may complete the form on behalf of the person).
``(iv) Any investigation initiated or
approved by the Secretary of Labor under clause
(ii) shall be based on information that
satisfies the requirements of such clause and
that--
``(I) originates from a source
other than an officer or employee of
the Department of Labor; or
``(II) was lawfully obtained by the
Secretary of Labor in the course of
lawfully conducting another Department
of Labor investigation under this Act
of any other Act.
``(v) The receipt by the Secretary of Labor
of information submitted by an employer to the
Attorney General or the Secretary of Labor for
purposes of securing the employment of a
nonimmigrant described in section
101(a)(15)(H)(i)(b) shall not be considered a
receipt of information for purposes of clause
(ii).
``(vi) No investigation described in clause
(ii) (or hearing described in clause (viii)
based on such investigation) may be conducted
with respect to information about a failure to
meet a condition described in clause (ii),
unless the Secretary of Labor receives the
information not later than 12 months after the
date of the alleged failure.
``(vii) The Secretary of Labor shall
provide notice to an employer with respect to
whom there is reasonable cause to initiate an
investigation described in clauses (i) or (ii),
prior to the commencement of an investigation
under such clauses, of the intent to conduct an
investigation. The notice shall be provided in
such a manner, and shall contain sufficient
detail, to permit the employer to respond to
the allegations before an investigation is
commenced. The Secretary of Labor is not
required to comply with this clause if the
Secretary of Labor determines that to do so
would interfere with an effort by the Secretary
of Labor to secure compliance by the employer
with the requirements of this subsection. There
shall be no judicial review of a determination
by the Secretary of Labor under this clause.
``(viii) An investigation under clauses (i)
or (ii) may be conducted for a period of up to
60 days. If the Secretary of Labor determines
after such an investigation that a reasonable
basis exists to make a finding that the
employer has committed a willful failure to
meet a condition of paragraph (1)(A), (1)(B),
(1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
engaged in a pattern or practice of failures to
meet such a condition, or has committed a
substantial failure to meet such a condition
that affects multiple employees, the Secretary
of Labor shall provide for notice of such
determination to the interested parties and an
opportunity for a hearing in accordance with
section 556 of title 5, United States Code,
within 120 days after the date of the
determination. If such a hearing is requested,
the Secretary of Labor shall make a finding
concerning the matter by not later than 120
days after the date of the hearing.''.
(2) Retroactive.--The amendment made by paragraph
(1) shall take effect as if enacted on October 1, 2003.
(b) Good Faith Compliance or Conformity.--Section
212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended--
(1) by redesignating subparagraph (H) as
subparagraph (I); and
(2) by inserting after subparagraph (G), as added
by subsection (a)(1), the following:
``(H)(i) Except as provided in clauses (ii)
and (iii), a person or entity is considered to
have complied with the requirements of this
subsection, notwithstanding a technical or
procedural failure to meet such requirements,
if there was a good faith attempt to comply
with the requirements.
``(ii) Clause (i) shall not apply if--
``(I) the Department of Labor (or
another enforcement agency) has
explained to the person or entity the
basis for the failure;
``(II) the person or entity has
been provided a period of not less than
10 business days (beginning after the
date of the explanation) within which
to correct the failure; and
``(III) the person or entity has
not corrected the failure voluntarily
within such period.
``(iii) A person or entity that, in the
course of an investigation, is found to have
violated the prevailing wage requirements set
forth in paragraph (1)(A), shall not be
assessed fines or other penalties for such
violation if the person or entity can establish
that the manner in which the prevailing wage
was calculated was consistent with recognized
industry standards and practices.
``(iv) Clauses (i) and (iii) shall not
apply to a person or entity that has engaged in
or is engaging in a pattern or practice of
willful violations this subsection.''.
(c) Secretary of Labor Report.--Not later than January 31
of each year, the Secretary of Labor shall report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the investigations undertaken based on--
(1) the authorities described in clauses (i) and
(ii) of section 212(n)(2)(G) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)(G)(i) and (ii));
and
(2) the expenditures by the Secretary of Labor
described in section 286(v)(2)(D) of the Immigration
and Nationality Act (8 U.S.C. 1356(v)(2)(D)).
SEC. 25. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H-1B
NONIMMIGRANTS.
(a) In General.--Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``is employed (or has received an offer of
employment) at'';
(2) in subparagraph (A)--
(A) by inserting ``is employed (or has
received an offer of employment) at'' before
``an institution''; and
(B) by striking ``or'' at the end;
(3) in subparagraph (B)--
(A) by inserting ``is employed (or has
received an offer of employment) at'' before
``a nonprofit''; and
(B) by striking the period and inserting
``; or''; and
(4) by adding at the end the following:
``(C) has earned a master's or higher
degree from a United States institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), until the number of aliens who are
exempted from such numerical limitation during
such year exceeds 20,000.''.
(b) Statistics.--Beginning on the date of enactment of
this Act, the Secretary of Homeland Security shall maintain
statistical information on the country of origin and occupation
of, educational level maintained by, and compensation paid to,
each alien who is issued a visa or otherwise provided
nonimmigrant status and is exempt under section 214(g)(5) of
the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) for
each fiscal year. The statistical information shall be included
in the annual report to Congress under section 416(c) of the
American Competitiveness and Workforce Improvement Act of 1998
(Public Law 105-277; 112 Stat. 2681-655).
SEC. 26. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at
the end the following:
``(12)(A) In addition to any other fees authorized
by law, the Secretary of Homeland Security shall impose
a fraud prevention and detection fee on an employer
filing a petition under paragraph (1)--
``(i) initially to grant an alien
nonimmigrant status described in subparagraph
(H)(i)(b) or (L) of section 101(a)(15); or
``(ii) to obtain authorization for an alien
having such status to change employers.
``(B) In addition to any other fees authorized by
law, the Secretary of State shall impose a fraud
prevention and detection fee on an alien filing an
application abroad for a visa authorizing admission to
the United States as a nonimmigrant described in
section 101(a)(15)(L), if the alien is covered under a
blanket petition described in paragraph (2)(A).
``(C) The amount of the fee imposed under
subparagraph (A) or (B) shall be $500.
``(D) The fee imposed under subparagraph (A) or (B)
shall only apply to principal aliens and not to the
spouses or children who are accompanying or following
to join such principal aliens.
``(E) Fees collected under this paragraph shall be
deposited in the Treasury in accordance with section
286(v).''.
(b) Establishment of Account; Use of Fees.--Section 286
of the Immigration and Nationality Act (8 U.S.C. 1356) is
amended by adding at the end the following:
``(v) H-1B and L Fraud Prevention and Detection
Account.--
``(1) In general.--There is established in the
general fund of the Treasury a separate account, which
shall be known as the `H-1B and L Fraud Prevention and
Detection Account'. Notwithstanding any other provision
of law, there shall be deposited as offsetting receipts
into the account all fees collected under section
214(c)(12).
``(2) Use of fees to combat fraud.--
``(A) Secretary of state.--One-third of the
amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain
available to the Secretary of State until
expended for programs and activities at United
States embassies and consulates abroad--
``(i) to increase the number
diplomatic security personnel assigned
exclusively to the function of
preventing and detecting fraud by
applicants for visas described in
subparagraph (H)(i) or (L) of section
101(a)(15);
``(ii) otherwise to prevent and
detect such fraud pursuant to the terms
of a memorandum of understanding or
other cooperative agreement between the
Secretary of State and the Secretary of
Homeland Security; and
``(iii) upon request by the
Secretary of Homeland Security, to
assist such Secretary in carrying out
the fraud prevention and detection
programs and activities described in
subparagraph (B).
``(B) Secretary of homeland security.--One-
third of the amounts deposited into the H-1B
and L Fraud Prevention and Detection Account
shall remain available to the Secretary of
Homeland Security until expended for programs
and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or
(2)(A) of section 214(c) to grant an alien
nonimmigrant status described in subparagraph
(H)(i) or (L) of section 101(a)(15).
``(C) Secretary of labor.--One-third of the
amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain
available to the Secretary of Labor until
expended for enforcement programs and
activities described in section 212(n).
``(D) Consultation.--The Secretary of
State, the Secretary of Homeland Security, and
the Secretary of Labor shall consult one
another with respect to the use of the funds in
the H-1B and L Fraud Prevention and Detection
Account.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act, and the
fees imposed under such amendments shall apply to petitions
under section 214(c) of the Immigration and Nationality Act,
and applications for nonimmigrant visas under section 222 of
such Act, filed on or after the date that is 90 days after the
date of the enactment of this Act.
SEC. 27. CHANGE OF FEE FORMULA.
Section 286(s) of the Immigration and Nationality Act (8
U.S.C. 1356(s)) is amended--
(1) in paragraph (2), by striking ``55 percent''
and inserting ``50 percent'';
(2) in paragraph (3), by striking ``22 percent''
and inserting ``30 percent'';
(3) in paragraph (4)(A), by striking ``15 percent''
and inserting ``10 percent'';
(4) in paragraph (5)--
(A) by striking ``4 percent'' and inserting
``5 percent''; and
(B) by striking ``Attorney General'' each
place that term appears and inserting
``Secretary of Homeland Security''; and
(5) in paragraph (6), by striking ``Beginning with
fiscal year 2000,'' and all that follows through
``within a 7-day period.'' and inserting ``Beginning
with fiscal year 2000, 5 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account
shall remain available to the Secretary of Labor until
expended for decreasing the processing time for
applications under section 212(n)(1).''.
SEC. 28. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH GROWTH
INDUSTRIES.
Section 414(c) of the American Competitiveness and
Workforce Improvement Act of1998 (112 Stat. 2681-653) is
amended to read as follows:
``(c) Job Training Grants.--
``(1) In general.--The Secretary of Labor shall use
funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2))
to award grants to eligible entities to provide job
training and related activities for workers to assist
them in obtaining or upgrading employment in industries
and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth
and ensure that job training and related activities
funded by such grants are coordinated with the public
workforce investment system.
``(2) Use of funds.--
``(A) Training provided.--Funds under this
subsection may be used to provide job training
services and related activities that are
designed to assist workers (including
unemployed and employed workers) in gaining the
skills and competencies needed to obtain or
upgrade career ladder employment positions in
the industries and economic sectors identified
pursuant to paragraph (4).
``(B) Enhanced training programs and
information.--In order to facilitate the
provision of job training services described in
subparagraph (A), funds under this subsection
may be used to assist in the development and
implementation of model activities such as
developing appropriate curricula to build core
competencies and train workers, identifying and
disseminating career and skill information, and
increasing the integration of community and
technical college activities with activities of
businesses and the public workforce investment
system to meet the training needs for the
industries and economic sectors identified
pursuant to paragraph (4).
``(3) Eligible entities.--Grants under this
subsection may be awarded to partnerships of private
and public sector entities, which may include--
``(A) businesses or business-related
nonprofit organizations, such as trade
associations;
``(B) education and training providers,
including community colleges and other
community-based organizations; and
``(C) entities involved in administering
the workforce investment system established
under title I of the Workforce Investment Act
of 1998, and economic development agencies.
``(4) High growth industries and economic
sectors.--For purposes of this subsection, the
Secretary of Labor, in consultation with State
workforce investment boards, shall identify industries
and economic sectors that are projected to experience
significant growth, taking into account appropriate
factors, such as the industries and sectors that--
``(A) are projected to add substantial
numbers of new jobs to the economy;
``(B) are being transformed by technology
and innovation requiring new skill sets for
workers;
``(C) are new and emerging businesses that
are projected to grow; or
``(D) have a significant impact on the
economy overall or on the growth of other
industries and economic sectors.
``(5) Equitable distribution.--In awarding grants
under this subsection, the Secretary of Labor shall
ensure an equitable distribution of such grants across
geographically diverse areas.
``(6) Leveraging of resources and authority to
require match.--
``(A) Leveraging of resources.--In awarding
grants under this subsection, the Secretary of
Labor shall take into account, in addition to
other factors the Secretary determines are
appropriate--
``(i) the extent to which resources
other than the funds provided under
this subsection will be made available
by the eligible entities applying for
grants to support the activities
carried out under this subsection; and
``(ii) the ability of such entities
to continue to carry out and expand
such activities after the expiration of
the grants.
``(B) Authority to require match.--The
Secretary of Labor may require the provision of
specified levels of a matching share of cash or
noncash resources from resources other than the
funds provided under this subsection for
projects funded under this subsection.
``(7) Performance accountability.--The Secretary of
Labor shall require grantees to report on the
employment outcomes obtained by workers receiving
training under this subsection using indicators of
performance that are consistent with other indicators
used for employment and training programs administered
by the Secretary, such as entry into employment,
retention in employment, and increases in earnings. The
Secretary of Labor may also require grantees to
participate in evaluations of projects carried out
under this subsection.''.
SEC. 29. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.
(a) Expansion of Eligibility.--Section 414(d)(2)(A)(iii)
of the American Competitiveness and Workforce Improvement Act
of 1998 (42 U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking
``or computer science.'' and inserting ``computer science, or
other technology and science programs designated by the
Director.''.
(b) Increase in Award Amount.--Section 414(d)(3) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c(d)(3)) is amended by striking ``$3,125 per
year'' and inserting ``$10,000 per year''.
(c) Funds.--Section 414(d)(4) of the American
Competitiveness and Workforce Improvement Act of 1998 (42
U.S.C. 1869c(d)(4)) is amended by adding at the end the
following: ``The Director may use no more than 50 percent of
such funds for undergraduate programs for curriculum
development, professional and workforce development, and to
advance technological education. Funds for these other programs
may be used for purposes other than scholarships.''.
(d) Publication of Eligible Programs.--Section 414(d) of
the American Competitiveness and Workforce Improvement Act of
1998 (42 U.S.C. 1869c(d)) is amended by adding at the end the
following:
``(5) Federal register.--Not later than 60 days
after the date of enactment of the L-1 Visa and H-1B
Visa Reform Act, the Director shall publish in the
Federal Register a list of eligible programs of
study.''.
SEC. 30. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b),
this subtitle and the amendments made by this subtitle shall
take effect 90 days after the date of enactment of this Act.
(b) Exceptions.--The amendments made by sections __22(b),
__26(a), and __27 shall take effect upon the date of enactment
of this Act.
TITLE V--NATIONAL AVIATION HERITAGE AREA
SEC. 1. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the
world or our Nation's economy, society, culture, and
national character as the development of powered
flight.
(2) The industrial, cultural, and natural heritage
legacies of the aviation and aerospace industry in the
State of Ohio are nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and
military aeronautics and astronautics set the
foundation for the 20th Century to be an American
Century.
(4) Wright-Patterson Air Force Base in Dayton,
Ohio, is the birthplace, the home, and an integral part
of the future of aerospace.
(5) The economic strength of our Nation is
connected integrally to the vitality of the aviation
and aerospace industry, which is responsible for an
estimated 11,200,000 American jobs.
(6) The industrial and cultural heritage of the
aviation and aerospace industry in the State of Ohio
includes the social history and living cultural
traditions of several generations.
(7) The Department of the Interior is responsible
for protecting and interpreting the Nation's cultural
and historic resources, and there are significant
examples of these resources within Ohio to merit the
involvement of the Federal Government to develop
programs and projects in cooperation with the Aviation
Heritage Foundation, Incorporated, the State of Ohio,
and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities
for education and revitalization.
(8) Since the enactment of the Dayton Aviation
Heritage Preservation Act of 1992 (Public Law 102-419),
partnerships among the Federal, State, and local
governments and the private sector have greatly
assisted the development and preservation of the
historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest
Ohio is a suitable and feasible management option to
increase collaboration, promote heritage tourism, and
build on the established partnerships among Ohio's
historic aviation resources and related sites.
(10) A critical level of collaboration among the
historic aviation resources in Southwest Ohio cannot be
achieved without a congressionally established national
heritage area and the support of the National Park
Service and other Federal agencies which own
significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation,
Incorporated, would be an appropriate management entity
to oversee the development of the National Aviation
Heritage Area.
(12) Five National Park Service and Dayton Aviation
Heritage Commission studies and planning documents:
``Study of Alternatives: Dayton's Aviation Heritage'',
``Dayton Aviation Heritage National Historical Park
Suitability/Feasibility Study'', ``Dayton Aviation
Heritage General Management Plan'', ``Dayton Historic
Resources Preservation and Development Plan'', and
Heritage Area Concept Study, demonstrated that
sufficient historical resources exist to establish the
National Aviation Heritage Area.
(13) With the advent of the 100th anniversary of
the first powered flight in 2003, it is recognized that
the preservation of properties nationally significant
in the history of aviation is an important goal for the
future education of Americans.
(14) Local governments, the State of Ohio, and
private sector interests have embraced the heritage
area concept and desire to enter into a partnership
with the Federal government to preserve, protect, and
develop the Heritage Area for public benefit.
(15) The National Aviation Heritage Area would
complement and enhance the aviation-related resources
within the National Park Service, especially the Dayton
Aviation Heritage National Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the
Heritage Area to--
(1) encourage and facilitate collaboration among
the facilities, sites, organizations, governmental
entities, and educational institutions within the
Heritage Area to promote heritage tourism and to
develop educational and cultural programs for the
public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations
the unique and significant contributions to our
national heritage of certain historic and cultural
lands, structures, facilities, and sites within the
National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage
Area a broad range of economic opportunities enhancing
the quality of life for present and future generations;
(4) provide a management framework to assist the
State of Ohio, its political subdivisions, other areas,
and private organizations, or combinations thereof, in
preparing and implementing an integrated Management
Plan to conserve their aviation heritage and in
developing policies and programs that will preserve,
enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the
Heritage Area; and
(5) authorize the Secretary to provide financial
and technical assistance to the State of Ohio, its
political subdivisions, and private organizations, or
combinations thereof, in preparing and implementing the
private Management Plan.
SEC. 3. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of
Directors of the Foundation.
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by Congress and
made available to the management entity for the purpose
of preparing and implementing the Management Plan.
(3) Heritage area.--The term ``Heritage Area''
means the National Aviation Heritage Area established
by section 104 to receive, distribute, and account for
Federal funds appropriated for the purpose of this
title.
(4) Management plan.--The term ``Management Plan''
means the management plan for the Heritage Area
developed under section 106.
(5) Management entity.--The term ``management
entity'' means the Aviation Heritage Foundation,
Incorporated (a nonprofit corporation established under
the laws of the State of Ohio).
(6) Partner.--The term ``partner'' means a Federal,
State, or local governmental entity, organization,
private industry, educational institution, or
individual involved in promoting the conservation and
preservation of the cultural and natural resources of
the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(8) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid,
other than financial assistance, provided by the
Secretary.
SEC. 4. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of
Ohio and Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the
following:
(1) A core area consisting of resources in
Montgomery, Greene, Warren, Miami, Clark, Champaign,
Shelby, and Auglaize Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum,
Wapakoneta, Ohio.
(3) Sites, buildings, and districts within the core
area recommended by the Management Plan.
(c) Map.--A map of the Heritage Area shall be included in
the Management Plan. The map shall be on file in the
appropriate offices of the National Park Service, Department of
the Interior.
(d) Management Entity.--The management entity for the
Heritage Area shall be the Aviation Heritage Foundation.
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the
Management Plan, the management entity may use Federal funds
made available through this title to--
(1) make grants to, and enter into cooperative
agreements with, the State of Ohio and political
subdivisions of that State, private organizations, or
any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for
approval the proposed Management Plan in accordance
with section 106;
(2) give priority to implementing actions set forth
in the Management Plan, including taking steps to
assist units of government and nonprofit organizations
in preserving resources within the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area
in developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to
promote heritage tourism and to assist partners to
develop educational and cultural programs for the
public;
(5) encourage economic viability in the Heritage
Area consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit
organizations in--
(A) establishing and maintaining
interpretive exhibits in the Heritage Area;
(B) developing recreational resources in
the Heritage Area;
(C) increasing public awareness of and
appreciation for the historical, natural, and
architectural resources and sites in the
Heritage Area; and
(D) restoring historic buildings that
relate to the purposes of the Heritage Area;
(7) conduct public meetings at least quarterly
regarding the implementation of the Management Plan;
(8) submit substantial amendments to the Management
Plan to the Secretary for the approval of the
Secretary; and
(9) for any year in which Federal funds have been
received under this title--
(A) submit an annual report to the
Secretary that sets forth the accomplishments
of the management entity and its expenses and
income;
(B) make available to the Secretary for
audit all records relating to the expenditure
of such funds and any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by
other organizations, that the receiving
organizations make available to the Secretary
for audit all records concerning the
expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not
use Federal funds received under this title to acquire
real property or an interest in real property.
(2) Other sources.--Nothing in this title precludes
the management entity from using Federal funds from
other sources for authorized purposes.
SEC. 6. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the
date of the enactment of this title, the management entity
shall submit to the Secretary for approval a proposed
Management Plan that shall take into consideration State and
local plans and involve residents, public agencies, and private
organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an
integrated and cooperative approach for the protection,
enhancement, and interpretation of the natural, cultural,
historic, scenic, and recreational resources of the Heritage
Area and shall include the following:
(1) An inventory of the resources contained in the
core area of the Heritage Area, including the Dayton
Aviation Heritage Historical Park, the sites,
buildings, and districts listed in section 202 of the
Dayton Aviation Heritage Preservation Act of 1992
(Public Law 102-419), and any other property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(2) An assessment of cultural landscapes within the
Heritage Area.
(3) Provisions for the protection, interpretation,
and enjoyment of the resources of the Heritage Area
consistent with the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management
Plan by the management entity, including the following:
(A) Facilitating ongoing collaboration
among the partners to promote heritage tourism
and to develop educational and cultural
programs for the public.
(B) Assisting partners planning for
restoration and construction.
(C) Specific commitments of the partners
for the first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management
entity, including its membership and organizational
structure.
(c) Disqualification From Funding.--If a proposed
Management Plan is not submitted to the Secretary within 3
years of the date of the enactment of this title, the
management entity shall be ineligible to receive additional
funding under this title until the date on which the Secretary
receives the proposed Management Plan.
(d) Approval and Disapproval of Management Plan.--The
Secretary, in consultation with the State of Ohio, shall
approve or disapprove the proposed Management Plan submitted
under this title not later than 90 days after receiving such
proposed Management Plan.
(e) Action Following Disapproval.--If the Secretary
disapproves a proposed Management Plan, the Secretary shall
advise the management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions to the
proposed Management Plan. The Secretary shall approve or
disapprove a proposed revision within 90 days after the date it
is submitted.
(f) Approval of Amendments.--The Secretary shall review and
approve substantial amendments to the Management Plan. Funds
appropriated under this title may not be expended to implement
any changes made by such amendment until the Secretary approves
the amendment.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request
of the management entity, the Secretary may provide technical
assistance, on a reimbursable or nonreimbursable basis, and
financial assistance to the Heritage Area to develop and
implement the management plan. The Secretary is authorized to
enter into cooperative agreements with the management entity
and other public or private entities for this purpose. In
assisting the Heritage Area, the Secretary shall give priority
to actions that in general assist in--
(1) conserving the significant natural, historic,
cultural, and scenic resources of the Heritage Area;
and
(2) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the
Heritage Area shall--
(1) consult with the Secretary and the management
entity with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate
such activities with the carrying out of such duties;
and
(4) to the maximum extent practicable, conduct or
support such activities in a manner which the
management entity determines will not have an adverse
effect on the Heritage Area.
SEC. 8. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF DEFENSE
AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this title as it
applies to properties under the control of the Secretary of
Defense and the Administrator of the National Aeronautics and
Space Administration shall be made by such Secretary or such
Administrator, in consultation with the Secretary of the
Interior.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until the
owner of that private property has been notified in writing by
the management entity and has given written consent for such
preservation, conservation, or promotion to the management
entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow
public access (including Federal, State, or local
government access) to such private property; or
(2) modify any provision of Federal, State, or
local law with regard to public access to or use of
private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect on
any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority To Control Land Use.--Nothing
in this title shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the
Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not
be construed to provide any nonexisting regulatory authority on
land use within the Heritage Area or its viewshed by the
Secretary, the National Park Service, or the management entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title there is
authorized to be appropriated $10,000,000, except that not more
than $1,000,000 may be appropriated to carry out this title for
any fiscal year.
(b) Fifty Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this
title shall not exceed 50 percent.
SEC. 12. SUNSET PROVISION.
The authority of the Secretary to provide assistance under
this title terminates on the date that is 15 years after the
date that funds are first made available for this title.
SEC. 13. WRIGHT COMPANY FACTORY STUDY AND REPORT.
(a) Study.--
(1) In general.--The Secretary shall conduct a
special resource study updating the study required
under section 104 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419) and
detailing alternatives for incorporating the Wright
Company factory as a unit of Dayton Aviation Heritage
National Historical Park.
(2) Contents.--The study shall include an analysis
of alternatives for including the Wright Company
factory as a unit of Dayton Aviation Heritage National
Historical Park that detail management and development
options and costs.
(3) Consultation.--In conducting the study, the
Secretary shall consult with the Delphi Corporation,
the Aviation Heritage Foundation, State and local
agencies, and other interested parties in the area.
(b) Report.--Not later than 3 years after funds are first
made available for this section, the Secretary shall submit to
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a
report describing the results of the study conducted under this
section.
TITLE VI--OIL REGION NATIONAL HERITAGE AREA
SEC. 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Oil
Region National Heritage Area Act.''.
(b) Definitions.--For purposes of this title, the
following definitions shall apply:
(1) Heritage area.--The term ``Heritage Area''
means the Oil Region National Heritage Area established
in section 3(a).
(2) Management entity.--The term ``management
entity'' means the Oil Heritage Region, Inc., or its
successor entity.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania,
with numerous sites and districts listed on the
National Register of Historic Places, and designated by
the Governor of Pennsylvania as one of the State
Heritage Park Areas, is a region with tremendous
physical and natural resources and possesses a story of
State, national, and international significance.
(2) The single event of Colonel Edwin Drake's
drilling of the world's first successful oil well in
1859 has affected the industrial, natural, social, and
political structures of the modern world.
(3) Six national historic districts are located
within the State Heritage Park boundary, in Emlenton,
Franklin, Oil City, and Titusville, as well as 17
separate National Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system
in 1992 by Public Law 102-271, traverses the Oil Region
and connects several of its major sites, as do some of
the river's tributaries such as Oil Creek, French
Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources,
scenic vistas, and excellent water quality for people
throughout the United States to enjoy.
(6) Remnants of the oil industry, visible on the
landscape to this day, provide a direct link to the
past for visitors, as do the historic valley
settlements, riverbed settlements, plateau
developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section
of American history associated with Native Americans,
frontier settlements, the French and Indian War,
African Americans and the Underground Railroad, and
immigration of Swedish and Polish individuals, among
others.
(8) Involvement by the Federal Government shall
serve to enhance the efforts of the Commonwealth of
Pennsylvania, local subdivisions of the Commonwealth of
Pennsylvania, volunteer organizations, and private
businesses, to promote the cultural, national, and
recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a
cooperative management framework to assist the Commonwealth of
Pennsylvania, its units of local government, and area citizens
in conserving, enhancing, and interpreting the significant
features of the lands, water, and structures of the Oil Region,
in a manner consistent with compatible economic development for
the benefit and inspiration of present and future generations
in the Commonwealth of Pennsylvania and the United States.
SEC. 3. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil
Region National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area
shall include all of those lands depicted on a map entitled
``Oil Region National Heritage Area'', numbered OIRE/20,000 and
dated October, 2000. The map shall be on file in the
appropriate offices of the National Park Service. The Secretary
of the Interior shall publish in the Federal Register, as soon
as practical after the date of the enactment of this Act, a
detailed description and map of the boundaries established
under this subsection.
(c) Management Entity.--The management entity for the
Heritage Area shall be the Oil Heritage Region, Inc., the
locally based private, nonprofit management corporation which
shall oversee the development of a management plan in
accordance with section 5(b).
SEC. 4. COMPACT.
To carry out the purposes of this title, the Secretary
shall enter into a compact with the management entity. The
compact shall include information relating to the objectives
and management of the area, including a discussion of the goals
and objectives of the Heritage Area, including an explanation
of the proposed approach to conservation and interpretation and
a general outline of the protection measures committed to by
the Secretary and management entity.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management
entity may use funds made available under this title for
purposes of preparing, updating, and implementing the
management plan developed under subsection (b). Such purposes
may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political
subdivisions, private organizations, or any other
person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the
purposes of the Heritage Area.
(b) Management Plan.--The management entity shall develop
a management plan for the Heritage Area that--
(1) presents comprehensive strategies and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(2) takes into consideration existing State,
county, and local plans and involves residents, public
agencies, and private organizations working in the
Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to
take to protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of
funding to protect, manage, and develop the Heritage
Area;
(5) includes an inventory of the resources
contained in the Heritage Area, including a list of any
property in the Heritage Area that is related to the
themes of the Heritage Area and that should be
preserved, restored, managed, developed, or maintained
because of its natural, cultural, historic,
recreational, or scenic significance;
(6) describes a program for implementation of the
management plan by the management entity, including
plans for restoration and construction, and specific
commitments for that implementation that have been made
by the management entity and any other persons for the
first 5 years of implementation;
(7) lists any revisions to the boundaries of the
Heritage Area proposed by the management entity and
requested by the affected local government; and
(8) includes an interpretation plan for the
Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit
the management plan to the Secretary within 2 years
after the funds are made available for this title.
(2) Termination of funding.--If a management plan
is not submitted to the Secretary in accordance with
this subsection, the management entity shall not
qualify for Federal assistance under this title.
(d) Duties of Management Entity.--The management entity
shall--
(1) give priority to implementing actions set forth
in the compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining
interpretive exhibits in the Heritage Area;
(B) developing recreational resources in
the Heritage Area;
(C) increasing public awareness of and
appreciation for the natural, historical, and
architectural resources and sites in the
Heritage Area;
(D) the restoration of any historic
building relating to the themes of the Heritage
Area;
(E) ensuring that clear signs identifying
access points and sites of interest are put in
place throughout the Heritage Area; and
(F) carrying out other actions that the
management entity determines to be advisable to
fulfill the purposes of this title;
(3) encourage by appropriate means economic
viability in the Heritage Area consistent with the
goals of the management plan;
(4) consider the interest of diverse governmental,
business, and nonprofit groups within the Heritage
Area; and
(5) for any year in which Federal funds have been
provided to implement the management plan under
subsection (b)--
(A) conduct public meetings at least
annually regarding the implementation of the
management plan;
(B) submit an annual report to the
Secretary setting forth accomplishments,
expenses and income, and each person to which
any grant was made by the management entity in
the year for which the report is made; and
(C) require, for all agreements entered
into by the management entity authorizing
expenditure of Federal funds by any other
person, that the person making the expenditure
make available to the management entity for
audit all records pertaining to the expenditure
of such funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this
title to acquire real property or an interest in real property.
SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may,
upon the request of the management entity, and
subject to the availability of appropriations,
provide technical and financial assistance to
the management entity to carry out its duties
under this title, including updating and
implementing a management plan that is
submitted under section 5(b) and approved by
the Secretary and, prior to such approval,
providing assistance for initiatives.
(B) Other assistance.--If the Secretary has
the resources available to provide technical
assistance to the management entity to carry
out its duties under this title (including
updating and implementing a management plan
that is submitted under section 5(b) and
approved by the Secretary and, prior to such
approval, providing assistance for
initiatives), upon the request of the
management entity the Secretary shall provide
such assistance on a reimbursable basis. This
subparagraph does not preclude the Secretary
from providing nonreimbursable assistance under
subparagraph (A).
(2) Priority.--In assisting the management entity,
the Secretary shall give priority to actions that
assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and
advice regarding land and water management
techniques to conserve the significant natural
resources of the region;
(C) development and application of
techniques promoting the preservation of
cultural and historic properties;
(D) preservation, restoration, and reuse of
publicly and privately owned historic
buildings.
(E) design and fabrication of a wide range
of interpretive materials based on the
management plan, including guide brochures,
visitor displays, audio-visual and interactive
exhibits, and educational curriculum materials
for public education; and
(F) implementation of initiatives prior to
approval of the management plan.
(3) Documentation of structures.--The Secretary,
acting through the Historic American Building Survey
and the Historic American Engineering Record, shall
conduct studies necessary to document the industrial,
engineering, building, and architectural history of the
Heritage Area.
(b) Approval and Disapproval of Management Plans.--The
Secretary, in consultation with the Governor of Pennsylvania,
shall approve a management plan submitted under this title not
later than 90 days after receiving such plan. In approving the
plan, the Secretary shall take into consideration the following
criteria:
(1) The extent to which the management plan
adequately preserves and protects the natural,
cultural, and historical resources of the Heritage
Area.
(2) The level of public participation in the
development of the management plan.
(3) The extent to which the board of directors of
the management entity is representative of the local
government and a wide range of interested organizations
and citizens.
(c) Action Following Disapproval.--If the Secretary
disapproves a management plan, the Secretary shall advise the
management entity in writing of the reasons for the disapproval
and shall make recommendations for revisions in the management
plan. The Secretary shall approve or disapprove a proposed
revision within 90 days after the date it is submitted.
(d) Approving Changes.--The Secretary shall review and
approve amendments to the management plan under section 5(b)
that make substantial changes. Funds appropriated under this
title may not be expended to implement such changes until the
Secretary approves the amendments.
(e) Effect of Inaction.--If the Secretary does not
approve or disapprove a management plan, revision, or change
within 90 days after it is submitted to the Secretary, then
such management plan, revision, or change shall be deemed to
have been approved by the Secretary.
SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities
directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management
entity with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this rule
and, to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or
support such activities in a manner that the management
entity determines shall not have an adverse effect on
the Heritage Area.
SEC. 8. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after the expiration of the 15-year
period beginning on the date that funds are first made
available for this title.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners
Required.--No privately owned property shall be preserved,
conserved, or promoted by the management plan for the Heritage
Area until the owner of that private property has been notified
in writing by the management entity and has given written
request consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow
public access (including Federal, State, or local
government access) to such private property; or
(2) modify any provision of Federal, State, or
local law with regard to public access to or use of
private property.
(b) Liability.--Designation of the Heritage Area shall
not be considered to create any liability, or to have any
effect on any liability under any other law, of any private
property owner with respect to any persons injured on such
private property.
(c) Recognition of Authority To Control Land Use.--
Nothing in this title shall be construed to modify the
authority of Federal, State, or local governments to regulate
land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the
Heritage Area.
(e) Effect of Establishment.--The boundaries designated
for the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management
entity from using Federal funds available under Acts other than
this title for the purposes for which those funds were
authorized.
SEC 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
to carry out this title--
(1) not more than $1,000,000 for any fiscal year;
and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided
under this title may not be used to pay more than 50 percent of
the total cost of any activity carried out with that
assistance.
TITLE VII--MISSISSIPPI GULF COAST
NATIONAL HERITAGE AREA ACT
SECTION 1. SHORT TITLE.
This title may be cited as the ``Mississippi Gulf Coast
National Heritage Area Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) the 6-county area in southern Mississippi
located on the Gulf of Mexico and in the Mississippi
Coastal Plain has a unique identity that is shaped by--
(A) the coastal and riverine environment;
and
(B) the diverse cultures that have settled
in the area;
(2) The area is rich with diverse cultural and
historical significance, including--
(A) early Native American settlements; and
(B) Spanish, French, and English
settlements originating in the 1600s;
(3) the area includes spectacular natural, scenic,
and recreational resources;
(4) there is broad support from local governments
and other interested individuals for the establishment
of the Mississippi Gulf Coast National Heritage Area to
coordinate and assist in the preservation and
interpretation of those resources;
(5) the Comprehensive Resource Management Plan,
coordinated by the Mississippi Department of Marine
Resources--
(A) is a collaborative effort of the
Federal Government and State and local
governments in the area; and
(B) is a natural foundation on which to
establish the Heritage Area; and
(6) establishment of the Heritage Area would assist
local communities and residents in preserving the
unique cultural, historical, and natural resources of
the area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area''
means the Mississippi Gulf Coast National Heritage Area
established by section 4(a).
(2) Coordinating entity.--The term ``coordinating
entity'' means the coordinating entity for the Heritage
Area designated by section 4(c).
(3) Management plan.--The term ``management plan''
means the management plan for the Heritage Area
developed under section 5.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Mississippi Gulf Coast National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the
counties of Pearl River, Stone, George, Hancock, Harrison, and
Jackson in the State.
(c) Coordinating Entity.--
(1) In general.--The Mississippi Department of
Marine Resources, in consultation with the Mississippi
Department of Archives and History, shall serve as the
coordinating entity for the Heritage Area.
(2) Oversight committee.--The coordinating entity
shall ensure that each of the 6 counties included in
the Heritage Area is appropriately represented on any
oversight committee.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the coordinating entity shall develop
and submit to the Secretary a management plan for the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) provide recommendations for the conservation,
funding, management, interpretation, and development of
the cultural, historical, archaeological, natural, and
recreational resources of the Heritage Area;
(2) identify sources of funding for the Heritage
Area;
(3) include--
(A) an inventory of the cultural,
historical, archaeological, natural, and
recreational resources of the Heritage Area;
and
(B) an analysis of ways in which Federal,
State, tribal, and local programs may best be
coordinated to promote the purposes of this
Act;
(4) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the Heritage Area; and
(5) involve residents of affected communities and
tribal and local governments.
(c) Failure To Submit.--If a management plan is not
submitted to the Secretary by the date specified in subsection
(a), the Secretary shall not provide any additional funding
under this Act until a management plan for the Heritage Area is
submitted to the Secretary.
(d) Approval or Disapproval of the Management Plan.--
(1) In general.--Not later than 90 days after
receipt of the management plan under subsection (a),
the Secretary shall approve or disapprove the
management plan.
(2) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the
Secretary shall--
(A) advise the coordinating entity in
writing of the reasons for disapproval;
(B) make recommendations for revision of
the management plan; and
(C) allow the coordinating entity to submit
to the Secretary revisions to the management
plan.
(e) Revision.--After approval by the Secretary of the
management plan, the coordinating entity shall periodically--
(1) review the management plan; and
(2) submit to the Secretary, for review and
approval by the Secretary, any recommendations for
revisions to the management plan.
SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.
(a) Authorities.--For purposes of developing and
implementing the management plan and otherwise carrying out
this Act, the coordinating entity may make grants to and
provide technical assistance to tribal and local governments,
and other public and private entities.
(b) Duties.--In addition to developing the management
plan under section 5, in carrying out this Act, the
coordinating entity shall--
(1) implement the management plan; and
(2) assist local and tribal governments and non-
profit organizations in--
(A) establishing and maintaining
interpretive exhibits in the Heritage Area;
(B) developing recreational resources in
the Heritage Area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical,
archaeological, and natural resources of the
Heritage Area;
(D) restoring historic structures that
relate to the Heritage Area; and
(E) carrying out any other activity that
the coordinating entity determines to be
appropriate to carry out this Act, consistent
with the management plan;
(3) conduct public meetings at least annually
regarding the implementation of the management plan;
and
(4) for any fiscal year for which Federal funds are
made available under section 9--
(A) submit to the Secretary a report that
describes, for the fiscal year, the actions of
the coordinating entity in carrying out this
Act;
(B) make available to the Secretary for
audit all records relating to the expenditure
of funds and any matching funds; and
(C) require, for all agreements authorizing
the expenditure of Federal funds by any entity,
that the receiving entity make available to the
Secretary for audit all records relating to the
expenditure of the funds.
(c) Prohibition on Acquisition of Real Property.--The
coordinating entity shall not use Federal funds made available
under this Act to acquire real property or any interest in real
property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) In General.--On the request of the coordinating
entity, the Secretary may provide technical and financial
assistance to the coordinating entity for use in the
development and implementation of the management plan.
(b) Prohibition of Certain Requirements.--The Secretary
may not, as a condition of the provision of technical or
financial assistance under this section, require any recipient
of the assistance to impose or modify any land use restriction
or zoning ordinance.
SEC. 8. EFFECT OF ACT.
Nothing in this Act--
(1) affects or authorizes the coordinating entity
to interfere with--
(A) the right of any person with respect to
private property; or
(B) any local zoning ordinance or land use
plan;
(2) restricts an Indian tribe from protecting
cultural or religious sites on tribal land;
(3) modifies, enlarges, or diminishes the authority
of any State, tribal, or local government to regulate
any use of land under any other law (including
regulations);
(4)(A) modifies, enlarges, or diminishes the
authority of the State to manage fish and wildlife in
the Heritage Area, including the regulation of fishing
and hunting; or
(B) authorizes the coordinating entity to assume
any management authorities over such lands; or
(5) diminishes the trust responsibilities or
government-to-government obligations of the United
States to any federally recognized Indian tribe.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
to carry out this Act $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity assisted under this Act shall be not
more than 50 percent.
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Federal
Lands Recreation Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Recreation fee authority.
Sec. 4. Public participation.
Sec. 5. Recreation passes.
Sec. 6. Cooperative agreements.
Sec. 7. Special account and distribution of fees and revenues.
Sec. 8. Expenditures.
Sec. 9. Reports.
Sec. 10. Sunset provision.
Sec. 11. Volunteers.
Sec. 12. Enforcement and protection of receipts.
Sec. 13. Repeal of superseded admission and use fee authorities.
Sec. 14. Relation to other laws and fee collection authorities.
Sec. 15. Limitation on use of fees for employee bonuses.
SEC. 2. DEFINITIONS.
In this Act:
(1) Standard amenity recreation fee.--The term
``standard amenity recreation fee'' means the
recreation fee authorized by section 3(f).
(2) Expanded amenity recreation fee.--The term
``expanded amenity recreation fee'' means the
recreation fee authorized by section 3(g).
(3) Entrance fee.--The term ``entrance fee'' means
the recreation fee authorized to be charged to enter
onto lands managed by the National Park Service or the
United States Fish and Wildlife Service.
(4) Federal land management agency.--The term
``Federal land management agency'' means the National
Park Service, the United States Fish and Wildlife
Service, the Bureau of Land Management, the Bureau of
Reclamation, or the Forest Service.
(5) Federal recreational lands and waters.--The
term ``Federal recreational lands and waters'' means
lands or waters managed by a Federal land management
agency.
(6) National parks and federal recreational lands
pass.--The term ``National Parks and Federal
Recreational Lands Pass'' means the interagency
national pass authorized by section 5.
(7) Passholder.--The term ``passholder'' means the
person who is issued a recreation pass.
(8) Recreation fee.--The term ``recreation fee''
means an entrance fee, standard amenity recreation fee,
expanded amenity recreation fee, or special recreation
permit fee.
(9) Recreation pass.--The term ``recreation pass''
means the National Parks and Federal Recreational Lands
Pass or one of the other recreation passes available as
authorized by section 5.
(10) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with
respect to a Federal land management agency
(other than the Forest Service); and
(B) the Secretary of Agriculture, with
respect to the Forest Service.
(11) Secretaries.--The term ``Secretaries'' means
the Secretary of the Interior and the Secretary of
Agriculture acting jointly.
(12) Special account.--The term ``special account''
means the special account established in the Treasury
under section 7 for a Federal land management agency.
(13) Special recreation permit fee.--The term
``special recreation permit fee'' means the fee
authorized by section 3(h).
SEC. 3. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge,
and collect recreation fees at Federal recreational lands and
waters as provided for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be
commensurate with the benefits and services provided to
the visitor.
(2) The Secretary shall consider the aggregate
effect of recreation fees on recreation users and
recreation service providers.
(3) The Secretary shall consider comparable fees
charged elsewhere and by other public agencies and by
nearby private sector operators.
(4) The Secretary shall consider the public policy
or management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the
appropriate Recreation Resource Advisory Committee, as
provided in section 4(d).
(6) The Secretary shall consider such other factors
or criteria as determined appropriate by the Secretary.
(c) Special Considerations.--The Secretary shall establish
the minimum number of recreation fees and shall avoid the
collection of multiple or layered recreation fees for similar
uses, activities, or programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or
services.--The Secretary shall not charge any standard
amenity recreation fee or expanded amenity recreation
fee for Federal recreational lands and waters
administered by the Bureau of Land Management, the
Forest Service, or the Bureau of Reclamation under this
Act for any of the following:
(A) Solely for parking, undesignated
parking, or picnicking along roads or
trailsides.
(B) For general access unless specifically
authorized under this section.
(C) For dispersed areas with low or no
investment unless specifically authorized under
this section.
(D) For persons who are driving through,
walking through, boating through, horseback
riding through, or hiking through Federal
recreational lands and waters without using the
facilities and services.
(E) For camping at undeveloped sites that
do not provide a minimum number of facilities
and services as described in subsection
(g)(2)(A).
(F) For use of overlooks or scenic
pullouts.
(G) For travel by private, noncommercial
vehicle over any national parkway or any road
or highway established as a part of the
Federal-aid System, as defined in section 101
of title 23, United States Code, which is
commonly used by the public as a means of
travel between two places either or both of
which are outside any unit or area at which
recreation fees are charged under this Act.
(H) For travel by private, noncommercial
vehicle, boat, or aircraft over any road or
highway, waterway, or airway to any land in
which such person has any property right if
such land is within any unit or area at which
recreation fees are charged under this Act.
(I) For any person who has a right of
access for hunting or fishing privileges under
a specific provision of law or treaty.
(J) For any person who is engaged in the
conduct of official Federal, State, Tribal, or
local government business.
(K) For special attention or extra services
necessary to meet the needs of the disabled.
(2) Relation to fees for use of highways or
roads.--An entity that pays a special recreation permit
fee or similar permit fee shall not be subject to a
road cost-sharing fee or a fee for the use of highways
or roads that are open to private, noncommercial use
within the boundaries of any Federal recreational lands
or waters, as authorized under section 6 of Public Law
88-657 (16 U.S.C. 537; commonly known as the Forest
Roads and Trails Act).
(3) Prohibition on fees for certain persons or
places.--The Secretary shall not charge an entrance fee
or standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial
educational purposes by schools or bona fide
academic institutions.
(C) The U.S.S. Arizona Memorial,
Independence National Historical Park, any unit
of the National Park System within the District
of Columbia, or Arlington House-Robert E. Lee
National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great
Smoky Mountains National Park or any part
thereof unless fees are charged for entrance
into that park on main highways and
thoroughfares.
(F) Entrance on units of the National Park
System containing deed restrictions on charging
fees.
(G) An area or unit covered under section
203 of the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C.
410hh-2), with the exception of Denali National
Park and Preserve.
(H) A unit of the National Wildlife Refuge
System created, expanded, or modified by the
Alaska National Interest Lands Conservation Act
(Public Law 96-487).
(I) Any person who visits a unit or area
under the jurisdiction of the United States
Fish and Wildlife Service and who has been
issued a valid migratory bird hunting and
conservation stamp issued under section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b;
commonly known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational
activity authorized under a valid permit issued
under any other Act, including a valid grazing
permit.
(4) No restriction on recreation opportunities.--
Nothing in this Act shall limit the use of recreation
opportunities only to areas designated for collection
of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The
Secretary of the Interior may charge an entrance fee
for a unit of the National Park System, including a
national monument administered by the National Park
Service, or for a unit of the National Wildlife Refuge
System.
(2) Prohibited sites.--The Secretary shall not
charge an entrance fee for Federal recreational lands
and waters managed by the Bureau of Land Management,
the Bureau of Reclamation, or the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by
subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the
following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center
that provides a broad range of interpretive services,
programs, and media.
(4) An area--
(A) that provides significant opportunities
for outdoor recreation;
(B) that has substantial Federal
investments;
(C) where fees can be efficiently
collected; and
(D) that contains all of the following
amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or
kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS and usfws authority.--Except as limited by
subsection (d), the Secretary of the Interior may
charge an expanded amenity recreation fee, either in
addition to an entrance fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the National Park Service or the United States Fish and
Wildlife Service when the Secretary of the Interior
determines that the visitor uses a specific or
specialized facility, equipment, or service.
(2) Other federal land management agencies.--Except
as limited by subsection (d), the Secretary may charge
an expanded amenity recreation fee, either in addition
to a standard amenity fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the Forest Service, the Bureau of Land Management, or
the Bureau of Reclamation, but only for the following
facilities or services:
(A) Use of developed campgrounds that
provide at least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an
employee or agent of the Federal land
management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing
a campfire.
(B) Use of highly developed boat launches
with specialized facilities or services such as
mechanical or hydraulic boat lifts or
facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such
as boarding floats, loading ramps, or fish
cleaning stations.
(C) Rental of cabins, boats, stock animals,
lookouts, historic structures, group day-use or
overnight sites, audio tour devices, portable
sanitation devices, binoculars or other
equipment.
(D) Use of hookups for electricity, cable,
or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced
interpretive program or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or
first-aid services are administered from
facilities staffed by public employees or
employees under a contract or reciprocal
agreement with the Federal Government.
(J) Use of developed swimming sites that
provide at least a majority of the following:
(i) Bathhouse with showers and
flush toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including
lifeguards.
(vi) Floats encompassing the
swimming area.
(vii) Swimming deck.
(h) Special Recreation Permit Fee.--The Secretary may issue
a special recreation permit, and charge a special recreation
permit fee in connection with the issuance of the permit, for
specialized recreation uses of Federal recreational lands and
waters, such as group activities, recreation events, motorized
recreational vehicle use.
SEC. 4. PUBLIC PARTICIPATION.
(a) In General.--As required in this section, the Secretary
shall provide the public with opportunities to participate in
the development of or changing of a recreation fee established
under this Act.
(b) Advance Notice.--The Secretary shall publish a notice
in the Federal Register of the establishment of a new
recreation fee area for each agency 6 months before
establishment. The Secretary shall publish notice of a new
recreation fee or a change to an existing recreation fee
established under this Act in local newspapers and publications
located near the site at which the recreation fee would be
established or changed.
(c) Public Involvement.--Before establishing any new
recreation fee area, the Secretary shall provide opportunity
for public involvement by--
(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will
demonstrate on an annual basis how they have provided
information to the public on the use of recreation fee
revenues; and
(3) publishing the guidelines in paragraphs (1) and
(2) in the Federal Register.
(d) Recreation Resource Advisory Committee.--
(1) Establishment.--
(A) Authority to establish.--Except as
provided in subparagraphs (C) and (D), the
Secretary or the Secretaries shall establish a
Recreation Resource Advisory Committee in each
State or region for Federal recreational lands
and waters managed by the Forest Service or the
Bureau of Land Management to perform the duties
described in paragraph (2).
(B) Number of committees.--The Secretary
may have as many additional Recreation Resource
Advisory Committees in a State or region as the
Secretary considers necessary for the effective
operation of this Act.
(C) Exception.--The Secretary shall not
establish a Recreation Resource Advisory
Committee in a State if the Secretary
determines, in consultation with the Governor
of the State, that sufficient interest does not
exist to ensure that participation on the
Committee is balanced in terms of the points of
view represented and the functions to be
performed.
(D) Use of other entities.--In lieu of
establishing a Recreation Resource Advisory
Committee under subparagraph (A), the Secretary
may use a Resource Advisory Committee
established pursuant to another provision of
law and in accordance with that law or a
recreation fee advisory board otherwise
established by the Secretary to perform the
duties specified in paragraph (2).
(2) Duties.--In accordance with the procedures
required by paragraph (9), a Recreation Resource
Advisory Committee may make recommendations to the
Secretary regarding a standard amenity recreation fee
or an expanded amenity recreation fee, whenever the
recommendations relate to public concerns in the State
or region covered by the Committee regarding--
(A) the implementation of a standard
amenity recreation fee or an expanded amenity
recreation fee or the establishment of a
specific recreation fee site;
(B) the elimination of a standard amenity
recreation fee or an expanded amenity
recreation fee; or
(C) the expansion or limitation of the
recreation fee program.
(3) Meetings.--A Recreation Resource Advisory
Committee shall meet at least annually, but may, at the
discretion of the Secretary, meet as often as needed to
deal with citizen concerns about the recreation fee
program in a timely manner.
(4) Notice of rejection.--If the Secretary rejects
the recommendation of a Recreation Resource Advisory
Committee, the Secretary shall issue a notice that
identifies the reasons for rejecting the recommendation
to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate not later than 30 days before
the Secretary implements a decision pertaining to that
recommendation.
(5) Composition of the advisory committee.--
(A) Number.--A Recreation Resource Advisory
Committee shall be comprised of 11 members.
(B) Nominations.--The Governor and the
designated county official from each county in
the relevant State or Region may submit a list
of nominations in the categories described
under subparagraph (D).
(C) Appointment.--The Secretary may appoint
members of the Recreation Resource Advisory
Committee from the list as provided in
subparagraph (B).
(D) Broad and balanced representation.--In
appointing the members of a Recreation Resource
Advisory Committee, the Secretary shall provide
for a balanced and broad representation from
the recreation community that shall include the
following:
(i) Five persons who represent
recreation users and that include, as
appropriate, persons representing the
following:
(I) Winter motorized
recreation, such as
snowmobiling.
(II) Winter non-motorized
recreation, such as
snowshoeing, cross country and
down hill skiing, and
snowboarding.
(III) Summer motorized
recreation, such as
motorcycles, boaters, and off-
highway vehicles.
(IV) Summer nonmotorized
recreation, such as
backpacking, horseback riding,
mountain biking, canoeing, and
rafting.
(V) Hunting and fishing.
(ii) Three persons who represent
interest groups that include, as
appropriate, the following:
(I) Motorized outfitters
and guides.
(II) Non-motorized
outfitters and guides.
(III) Local environmental
groups.
(iii) Three persons, as follows:
(I) State tourism official
to represent the State.
(II) A person who
represents affected Indian
tribes.
(III) A person who
represents affected local
government interests.
(6) Term.--
(A) Length of term.--The Secretary shall
appoint the members of a Recreation Resource
Advisory Committee for staggered terms of two
and three years beginning on the date the
members are first appointed. The Secretary may
reappoint members to subsequent two- or three-
year terms.
(B) Effect of vacancy.--The Secretary shall
make appointments to fill a vacancy on a
Recreation Resource Advisory Committee as soon
as practicable after the vacancy has occurred.
(C) Effect of unexpected vacancy.--Where an
unexpected vacancy occurs, the Governor and the
designated county officials from each county in
the relevant state shall provide the Secretary
with a list of nominations in the relevant
category, as described under paragraph (5)(D),
not later than two months after notification of
the vacancy. To the extent possible, a vacancy
shall be filled in the same category and term
in which the original appointment was made.
(7) Chairperson.--The chairperson of a Recreation
Resource Advisory Committee shall be selected by the
majority vote of the members of the Committee.
(8) Quorum.--Eight members shall constitute a
quorum. A quorum must be present to constitute an
official meeting of a Recreation Resource Advisory
Committee.
(9) Approval procedures.--A Recreation Resource
Advisory Committee shall establish procedures for
making recommendations to the Secretary. A
recommendation may be submitted to the Secretary only
if the recommendation is approved by a majority of the
members of the Committee from each of the categories
specified in paragraph (5)(D) and general public
support for the recommendation is documented.
(10) Compensation.--Members of the Recreation
Resource Advisory Committee shall not receive any
compensation.
(11) Public participation in the recreation
resource advisory committee.--
(A) Notice of meetings.--All meetings of a
Recreation Resource Advisory Committee shall be
announced at least one week in advance in a
local newspaper of record and the Federal
Register, and shall be open to the public.
(B) Records.--A Recreation Resource
Advisory Committee shall maintain records of
the meetings of the Recreation Resource
Advisory Committee and make the records
available for public inspection.
(12) Federal advisory committee act.--A Recreation
Resource Advisory Committee is subject to the
provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
(e) Miscellaneous Administrative Provisions Regarding
Recreation Fees and Recreation Passes.--
(1) Notice of entrance fees, standard amenity
recreation fees, and passes.--The Secretary shall post
clear notice of any entrance fee, standard amenity
recreation fee, and available recreation passes at
appropriate locations in each unit or area of a Federal
land management agency where an entrance fee or a
standard amenity recreation fee is charged. The
Secretary shall include such notice in publications
distributed at the unit or area.
(2) Notice of recreation fee projects.--To the
extent practicable, the Secretary shall post clear
notice of locations where work is performed using
recreation fee or recreation pass revenues collected
under this Act.
SEC. 5. RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall
establish, and may charge a fee for, an interagency
national pass to be known as the ``America the
Beautiful--the National Parks and Federal Recreational
Lands Pass'', which shall cover the entrance fee and
standard amenity recreation fee for all Federal
recreational lands and waters for which an entrance fee
or a standard amenity recreation fee is charged.
(2) Image competition for recreation pass.--The
Secretaries shall hold an annual competition to select
the image to be used on the National Parks and Federal
Recreational Lands Pass for a year. The competition
shall be open to the public and used as a means to
educate the American people about Federal recreational
lands and waters.
(3) Notice of establishment.--The Secretaries shall
publish a notice in the Federal Register when the
National Parks and Federal Recreational Lands Pass is
first established and available for purchase.
(4) Duration.--The National Parks and Federal
Recreational Lands Pass shall be valid for a period of
12 months from the date of the issuance of the
recreation pass to a passholder, except in the case of
the age and disability discounted passes issued under
subsection (b).
(5) Price.--The Secretaries shall establish the
price at which the National Parks and Federal
Recreational Lands Pass will be sold to the public.
(6) Sales locations and marketing.--
(A) In general.--The Secretary shall sell
the National Parks and Federal Recreational
Lands Pass at all Federal recreational lands
and waters at which an entrance fee or a
standard amenity recreation fee is charged and
at such other locations as the Secretaries
consider appropriate and feasible.
(B) Use of vendors.--The Secretary may
enter into fee management agreements as
provided in section 6.
(C) Marketing.--The Secretaries shall take
such actions as are appropriate to provide for
the active marketing of the National Parks and
Federal Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries
shall issue guidelines on administration of the
National Parks and Federal Recreational Lands Pass,
which shall include agreement on price, the
distribution of revenues between the Federal land
management agencies, the sharing of costs, benefits
provided, marketing and design, adequate documentation
for age and disability discounts under subsection (b),
and the issuance of that recreation pass to volunteers.
The Secretaries shall take into consideration all
relevant visitor and sales data available in
establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the
development and implementation of the National Parks
and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation
passes.--The Secretary may not establish any national
recreation pass, except as provided in this section.
(b) Discounted Passes.--
(1) Age discount.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass
available, at a cost of $10.00, to any United States
citizen or person domiciled in the United States who is
62 years of age or older, if the citizen or person
provides adequate proof of such age and such
citizenship or residency. The National Parks and
Federal Recreational Lands Pass made available under
this subsection shall be valid for the lifetime of the
pass holder.
(2) Disability discount.--The Secretary shall make
the National Parks and Federal Recreational Lands Pass
available, without charge, to any United States citizen
or person domiciled in the United States who has been
medically determined to be permanently disabled for
purposes of section 7(20)(B)(i)of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the citizen
or person provides adequate proof of the disability and
such citizenship or residency. The National Parks and
Federal Recreational Lands Pass made available under
this subsection shall be valid for the lifetime of the
passholder.
(c) Site-Specific Agency Passes.--The Secretary may
establish and charge a fee for a site-specific pass that will
cover the entrance fee or standard amenity recreation fee for
particular Federal recreational lands and waters for a
specified period not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish
and charge a fee for a regional multientity pass that
will be accepted by one or more Federal land management
agencies or by one or more governmental or
nongovernmental entities for a specified period not to
exceed 12 months. To include a Federal land management
agency or governmental or nongovernmental entity over
which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such
agency or entity.
(2) Regional multientity pass agreement.--In order
to establish a regional multientity pass under this
subsection, the Secretary shall enter into a regional
multientity pass agreement with all the participating
agencies or entities on price, the distribution of
revenues between participating agencies or entities,
the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The
Secretary shall take into consideration all relevant
visitor and sales data available when entering into
this agreement.
(e) Discounted or Free Admission Days or Use.--The
Secretary may provide for a discounted or free admission day or
use of Federal recreational lands and waters.
(f) Effect on Existing Passports and Permits.--
(1) Existing passports.--A passport issued under
section 4 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a) or title VI of the National
Parks Omnibus Management Act of 1998 (Public Law 105-
391; 16 U.S.C. 5991-5995), such as the Golden Eagle
Passport, the Golden Age Passport, the Golden Access
Passport, and the National Parks Passport, that was
valid on the day before the publication of the Federal
Register notice required under subsection (a)(3) shall
be valid in accordance with the terms agreed to at the
time of issuance of the passport, to the extent
practicable, and remain in effect until expired, lost,
or stolen.
(2) Permits.--A permit issued under section 4 of
the Land and Water Conservation Fund Act of 1965 that
was valid on the day before the date of the enactment
of this Act shall be valid and remain in effect until
expired, revoked, or suspended.
SEC. 6. COOPERATIVE AGREEMENTS.
(a) Fee Management Agreement.--Notwithstanding chapter 63
of title 31, United States Code, the Secretary may enter into a
fee management agreement, including a contract, which may
provide for a reasonable commission, reimbursement, or
discount, with the following entities for the following
purposes:
(1) With any governmental or nongovernmental
entity, including those in a gateway community, for the
purpose of obtaining fee collection and processing
services, including visitor reservation services.
(2) With any governmental or nongovernmental
entity, including those in a gateway community, for the
purpose of obtaining emergency medical services.
(3) With any governmental entity, including those
in a gateway community, to obtain law enforcement
services.
(b) Revenue Sharing.--A State or legal subdivision of a
State that enters into an agreement with the Secretary under
subsection (a) may share in a percentage of the revenues
collected at the site in accordance with that fee management
agreement.
(c) County Proposals.--The Secretary shall consider any
proposal submitted by a county to provide services described in
subsection (a). If the Secretary decides not to enter into a
fee management agreement with the county under subsection (a),
the Secretary shall notify the county in writing of the
decision, identifying the reasons for the decision. The fee
management agreement may include cooperative site planning and
management provisions.
SEC. 7. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.
(a) Special Account.--The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal
land management agency.
(b) Deposits.--Subject to subsections (c), (d), and (e),
revenues collected by each Federal land management agency under
this Act shall--
(1) be deposited in its special account; and
(2) remain available for expenditure, without
further appropriation, until expended.
(c) Distribution of Recreation Fees and Single-Site Agency
Pass Revenues.--
(1) Local distribution of funds.--
(A) Retention of revenues.--Not less than
80 percent of the recreation fees and site-
specific agency pass revenues collected at a
specific unit or area of a Federal land
management agency shall remain available for
expenditure, without further appropriation,
until expended at that unit or area.
(B) Reduction.--The Secretary may reduce
the percentage allocation otherwise applicable
under subparagraph (A) to a unit or area of a
Federal land management agency, but not below
60 percent, for a fiscal year if the Secretary
determines that the revenues collected at the
unit or area exceed the reasonable needs of the
unit or area for which expenditures may be made
for that fiscal year.
(2) Agency-wide distribution of funds.--The balance
of the recreation fees and site-specific agency pass
revenues collected at a specific unit or area of a
Federal land management and not distributed in
accordance with paragraph (1) shall remain available to
that Federal land management agency for expenditure on
an agency-wide basis, without further appropriation,
until expended.
(3) Other amounts.--Other amounts collected at
other locations, including recreation fees collected by
other entities or for a reservation service, shall
remain available, without further appropriation, until
expended in accordance with guidelines established by
the Secretary.
(d) Distribution of National Parks and Federal Recreational
Lands Pass Revenues.--Revenues collected from the sale of the
National Parks and Federal Recreational Lands Pass shall be
deposited in the special accounts established for the Federal
land management agencies in accordance with the guidelines
issued under section 5(a)(7).
(e) Distribution of Regional Multientity Pass Revenues.--
Revenues collected from the sale of a regional multientity pass
authorized under section 5(d) shall be deposited in each
participating Federal land management agency's special account
in accordance with the terms of the region multientity pass
agreement for the regional multientity pass.
SEC. 8. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts
available for expenditure at a specific site or area--
(1) shall be accounted for separately from the
amounts collected;
(2) may be distributed agency-wide; and
(3) shall be used only for--
(A) repair, maintenance, and facility
enhancement related directly to visitor
enjoyment, visitor access, and health and
safety;
(B) interpretation, visitor information,
visitor service, visitor needs assessments, and
signs;
(C) habitat restoration directly related to
wildlife-dependent recreation that is limited
to hunting, fishing, wildlife observation, or
photography;
(D) law enforcement related to public use
and recreation;
(E) direct operating or capital costs
associated with the recreation fee program; and
(F) a fee management agreement established
under section 6(a) or a visitor reservation
service.
(b) Limitation on Use of Fees.--The Secretary may not use
any recreation fees for biological monitoring on Federal
recreational lands and waters under the Endangered Species Act
of 1973 for listed or candidate species.
(c) Administration, Overhead, and Indirect Costs.--The
Secretary may use not more than an average of 15 percent of
total revenues collected under this Act for administration,
overhead, and indirect costs related to the recreation fee
program by that Secretary.
(d) Transitional Exception.--Notwithstanding any other
provision of this Act, the Secretary may use amounts available
in the special account of a Federal land management agency to
supplement administration and marketing costs associated with--
(1) the National Parks and Federal Recreational
Lands Pass during the five-year period beginning on the
date the joint guidelines are issued under section
5(a)(7); and
(2) a regional multientity pass authorized section
5(d) during the five-year period beginning on the date
the regional multientity pass agreement for that
recreation pass takes effect.
SEC. 9. REPORTS.
Not later than May 1, 2006, and every three years
thereafter, the Secretary shall submit to the Congress a report
detailing the status of the recreation fee program conducted
for Federal recreational lands and waters, including an
evaluation of the recreation fee program, examples of projects
that were funded using such fees, and future projects and
programs for funding with fees, and containing any
recommendations for changes in the overall fee system.
SEC. 10. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate 10 years after the date of the enactment of this Act.
SEC. 11. VOLUNTEERS.
(a) Authority to Use Volunteers.--The Secretary may use
volunteers, as appropriate, to collect recreation fees and sell
recreation passes.
(b) Waiver or Discount of Fees; Site-Specific Agency
Pass.--In exchange for volunteer services, the Secretary may
waive or discount an entrance fee, standard amenity recreation
fee, or an expanded amenity recreation fee that would otherwise
apply to the volunteer or issue to the volunteer a site-
specific agency pass authorized under section 5(c).
(c) National Parks and Federal Recreational Lands Pass.--In
accordance with the guidelines issued under section 5(a)(7),
the Secretaries may issue a National Parks and Federal
Recreational Lands Pass to a volunteer in exchange for
significant volunteer services performed by the volunteer.
(d) Regional Multientity Passes.--The Secretary may issue a
regional multientity pass authorized under section 5(d) to a
volunteer in exchange for significant volunteer services
performed by the volunteer, if the regional multientity pass
agreement under which the regional multientity pass was
established provides for the issuance of the pass to
volunteers.
SEC. 12. ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) Enforcement Authority.--The Secretary concerned shall
enforce payment of the recreation fees authorized by this Act.
(b) Evidence of Nonpayment.--If the display of proof of
payment of a recreation fee, or the payment of a recreation fee
within a certain time period is required, failure to display
such proof as required or to pay the recreation fee within the
time period specified shall constitute nonpayment.
(c) Joint Liability.--The registered owner and any occupant
of a vehicle charged with a nonpayment violation involving the
vehicle shall be jointly liable for penalties imposed under
this section, unless the registered owner can show that the
vehicle was used without the registered owner's express or
implied permission.
(d) Limitation on Penalties.--The failure to pay a
recreation fee established under this Act shall be punishable
as a Class A or Class B misdemeanor, except that in the case of
a first offense of nonpayment, the fine imposed may not exceed
$100, notwithstanding section 3571(e) of title 18, United
States Code.
SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.
(a) Land and Water Conservation Fund Act.--Subsections (a),
(b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et
seq.) are repealed, except that the Secretary may continue to
issue Golden Eagle Passports, Golden Age Passports, and Golden
Access Passports under such section until the date the notice
required by section 5(a)(3) is published in the Federal
Register regarding the establishment of the National Parks and
Federal Recreational Lands Pass.
(b) Recreational Fee Demonstration Program.--Section 315 of
the Department of the Interior and Related Agencies
Appropriations Act, 1996 (as contained in section 101(c) of
Public Law 104-134; 16 U.S.C. 460l-6a), is repealed.
(c) Admission Permits for Refuge Units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is
repealed.
(d) National Park Passport, Golden Eagle Passport, Golden
Age Passport, and Golden Access Passport.--Effective on the
date the notice required by section 5(a)(3) is published in the
Federal Register, the following provisions of law authorizing
the establishment of a national park passport program or the
establishment and sale of a national park passport, Golden
Eagle Passport, Golden Age Passport, or Golden Access Passport
are repealed:
(1) Section 502 of the National Parks Omnibus
Management Act of 1998 (Public Law 105-391; 16 U.S.C.
5982).
(2) Title VI of the National Parks Omnibus
Management Act of 1998 (Public Law 105-391; 16 U.S.C.
5991-5995).
(e) Treatment of Unobligated Funds.--
(1) Land and water conservation fund special
accounts.--Amounts in the special accounts established
under section 4(i)(1) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1))
for Federal land management agencies that are
unobligated on the date of the enactment of this Act
shall be transferred to the appropriate special account
established under section 7 and shall be available to
the Secretary in accordance with this Act. A special
account established under section 4(i)(1) of the Land
and Water Conservation Fund Act of 1965 for a Federal
agency that is not a Federal land management area, and
the use of such special account, is not affected by the
repeal of section 4 of the Land and Water Conservation
Fund Act of 1965 by subsection (a) of this section.
(2) National parks passport.--Any funds collected
under title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995)
that are unobligated on the day before the publication
of the Federal Register notice required under section
5(a)(3) shall be transferred to the special account of
the National Park Service for use in accordance with
this Act. The Secretary of the Interior may use amounts
available in that special account to pay any
outstanding administration, marketing, or close-out
costs associated with the national parks passport.
(3) Recreational fee demonstration program.--Any
funds collected in accordance with section 315 of the
Department of the Interior and Related Agencies
Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104-134; 16 U.S.C. 460l-6a), that
are unobligated on the day before the date of the
enactment of this Act shall be transferred to the
appropriate special account and shall be available to
the Secretary in accordance with this Act.
(4) Admission permits for refuge units.--Any funds
collected in accordance with section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C.
3911) that are available as provided in subsection
(c)(A) of such section and are unobligated on the day
before the date of the enactment of this Act shall be
transferred to the special account of the United States
Fish and Wildlife Service for use in accordance with
this Act.
(f) Effect of Regulations.--A regulation or policy issued
under a provision of law repealed by this section shall remain
in effect to the extent such a regulation or policy is
consistent with the provisions of this Act until the Secretary
issues a regulation, guideline, or policy under this Act that
supersedes the earlier regulation.
SEC. 14. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.
(a) Federal and State Laws Unaffected.--Nothing in this Act
shall authorize Federal hunting or fishing licenses or fees or
charges for commercial or other activities not related to
recreation, affect any rights or authority of the States with
respect to fish and wildlife, or repeal or modify any provision
of law that permits States or political subdivisions of States
to share in the revenues from Federal lands or, except as
provided in subsection (b), any provision of law that provides
that any fees or charges collected at particular Federal areas
be used for or credited to specific purposes or special funds
as authorized by that provision of law.
(b) Relation to Revenue Allocation Laws.--Amounts collected
under this Act, and the existence of a fee management agreement
with a governmental entity under section 6(a), may not be taken
into account for the purposes of any of the following laws:
(1) The sixth paragraph under the heading ``Forest
service'' in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16
U.S.C. 500; commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading
``Forest service'' in the Act of March 4, 1913 (16
U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1012).
(5) Title II of the Act of August 8, 1937, and the
Act of May 24, 1939 (43 U.S.C. 1181f et seq.).
(6) Section 6 of the Act of June 14, 1926 (43
U.S.C. 869-4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16
U.S.C. 715s; commonly known as the Refuge Revenue
Sharing Act).
(9) The Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16
U.S.C. 500 note), except that the exception made for
such Act by this subsection is unique and is not
intended to be construed as precedent for amounts
collected from the use of Federal lands under any other
provision of law.
(10) Section 2 of the Boulder Canyon Project
Adjustment Act (43 U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(12) The first section of the Act of June 17, 1902,
as amended or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et
seq.; commonly known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public
Land Management Act of 1998 (Public Law 105-263; 31
U.S.C. 6901 note).
(15) Section 5(a) of the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue
allocation.
(c) Consideration of Other Funds Collected.--Amounts
collected under any other law may not be disbursed under this
Act.
(d) Sole Recreation Fee Authority.--Recreation fees charged
under this Act shall be in lieu of fees charged for the same
purposes under any other provision of law.
(e) Fees Charged by Third Parties.--Notwithstanding any
other provision of this Act, a third party may charge a fee for
providing a good or service to a visitor of a unit or area of
the Federal land management agencies in accordance with any
other applicable law or regulation.
(f) Migratory Bird Hunting Stamp Act.--Revenues from the
stamp established under the Act of March 16, 1934 (16 U.S.C.
718 et seq.; commonly known as the Migratory Bird Hunting Stamp
Act or Duck Stamp Act), shall not be covered by this Act.
SEC. 15. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.
Notwithstanding any other provision of law, fees
collected under the authorities of this Act may not be used for
employee bonuses.
TITLE IX--SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF
2004
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This title may be cited as the
``Satellite Home Viewer Extension and Reauthorization Act of
2004'' or the ``W. J. (Billy) Tauzin Satellite Television Act
of 2004''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short titles; table of contents.
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other
signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local
markets.
Sec. 104. Statutory license for satellite retransmission of low power
television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting
superstation signals to commercial establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide
satellite secondary transmissions to local markets.
Sec. 109. Study.
Sec. 110. Additional study.
Sec. 111 Special rules.
Sec. 112. Technical amendment.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations
concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Study of impact on cable television service.
Sec. 209. Reduction of required tests.
Sec. 210. Satellite carriage of television stations in noncontiguous
States.
Sec. 211. Carriage of television signals to certain subscribers.
Sec. 212. Digital transition savings provision.
Sec. 213. Authorizing broadcast service in unserved areas of Alaska.
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
SEC. 101. EXTENSION OF AUTHORITY.
(a) In General.--Section 4(a) of the Satellite Home Viewer
Act of 1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat.
3481) is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.
(b) Extension for Certain Subscribers.--Section 119(e) of
title 17, United States Code, is amended by striking ``December
31, 2004'' and inserting ``December 31, 2009''.
SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking
``and pbs satellite feed'';
(B) in the first sentence, by striking
``(3), (4), and (6)'' and inserting ``(5), (6),
and (8)'';
(C) in the first sentence, by striking ``or
by the Public Broadcasting Service satellite
feed''; and
(D) by striking the second sentence;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``(3),
(4), (5), and (6)'' and inserting ``(5), (6),
(7), and (8)''; and
(B) by striking subparagraph (C) and
inserting the following:
``(C) Exceptions.--
``(i) States with single full-power
network station.--In a State in which
there is licensed by the Federal
Communications Commission a single
full-power station that was a network
station on January 1, 1995, the
statutory license provided for in
subparagraph (A) shall apply to the
secondary transmission by a satellite
carrier of the primary transmission of
that station to any subscriber in a
community that is located within that
State and that is not within the first
50 television markets as listed in the
regulations of the Commission as in
effect on such date (47 CFR 76.51).
``(ii) States with all network
stations and superstations in same
local market.--In a State in which all
network stations and superstations
licensed by the Federal Communications
Commission within that State as of
January 1, 1995, are assigned to the
same local market and that local market
does not encompass all counties of that
State, the statutory license provided
under subparagraph (A) shall apply to
the secondary transmission by a
satellite carrier of the primary
transmissions of such station to all
subscribers in the State who reside in
a local market that is within the first
50 major television markets as listed
in the regulations of the Commission as
in effect on such date (section 76.51
of title 47 of the Code of Federal
Regulations).
``(iii) Additional stations.--In
the case of that State in which are
located 4 counties that--
``(I) on January 1, 2004,
were in local markets
principally comprised of
counties in another State, and
``(II) had a combined total
of 41,340 television
households, according to the
U.S. Television Household
Estimates by Nielsen Media
Research for 2004,
the statutory license provided under
subparagraph (A) shall apply to
secondary transmissions by a satellite
carrier to subscribers in any such
county of the primary transmissions of
any network station located in that
State, if the satellite carrier was
making such secondary transmissions to
any subscribers in that county on
January 1, 2004.
``(iv) Certain additional
stations.--If 2 adjacent counties in a
single State are in a local market
comprised principally of counties
located in another State, the statutory
license provided for in subparagraph
(A) shall apply to the secondary
transmission by a satellite carrier to
subscribers in those 2 counties of the
primary transmissions of any network
station located in the capital of the
State in which such 2 counties are
located, if--
``(I) the 2 counties are
located in a local market that
is in the top 100 markets for
the year 2003 according to
Nielsen Media Research; and
``(II) the total number of
television households in the 2
counties combined did not
exceed 10,000 for the year 2003
according to Nielsen Media
Research.
``(v) Applicability of royalty
rates.--The royalty rates under
subsection (b)(1)(B) apply to the
secondary transmissions to which the
statutory license under subparagraph
(A) applies under clauses (i), (ii),
(iii), and (iv).
``(D) Submission of subscriber lists to
networks.--
``(i) Initial lists.--A satellite
carrier that makes secondary
transmissions of a primary transmission
made by a network station pursuant to
subparagraph (A) shall, 90 days after
commencing such secondary
transmissions, submit to the network
that owns or is affiliated with the
network station--
``(I) a list identifying
(by name and address, including
street or rural route number,
city, State, and zip code) all
subscribers to which the
satellite carrier makes
secondary transmissions of that
primary transmission to
subscribers in unserved
households; and
``(II) a separate list,
aggregated by designated market
area (as defined in section
122(j)) (by name and address,
including street or rural route
number, city, State, and zip
code), which shall indicate
those subscribers being served
pursuant to paragraph (3),
relating to significantly
viewed stations.
``(ii) Monthly lists.--After the
submission of the initial lists under
clause (i), on the 15th of each month,
the satellite carrier shall submit to
the network--
``(I) a list identifying
(by name and address, including
street or rural route number,
city, State, and zip code) any
persons who have been added or
dropped as subscribers under
clause (i)(I) since the last
submission under clause (i);
and
``(II) a separate list,
aggregated by designated market
area (by name and street
address, including street or
rural route number, city,
State, and zip code),
identifying those subscribers
whose service pursuant to
paragraph (3), relating to
significantly viewed stations,
has been added or dropped.
``(iii) Use of subscriber
information.--Subscriber information
submitted by a satellite carrier under
this subparagraph may be used only for
purposes of monitoring compliance by
the satellite carrier with this
subsection.
``(iv) Applicability.--The
submission requirements of this
subparagraph shall apply to a satellite
carrier only if the network to which
the submissions are to be made places
on file with the Register of Copyrights
a document identifying the name and
address of the person to whom such
submissions are to be made. The
Register shall maintain for public
inspection a file of all such
documents.'';
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) Secondary transmissions of significantly
viewed signals.--
``(A) In general.--Notwithstanding the
provisions of paragraph (2)(B), and subject to
subparagraph (B) of this paragraph, the
statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary
transmission of the primary transmission of a
network station or a superstation to a
subscriber who resides outside the station's
local market (as defined in section 122(j)) but
within a community in which the signal has been
determined by the Federal Communications
Commission, to be significantly viewed in such
community, pursuant to the rules, regulations,
and authorizations of the Federal
Communications Commission in effect on April
15, 1976, applicable to determining with
respect to a cable system whether signals are
significantly viewed in a community.
``(B) Limitation.--Subparagraph (A) shall
apply only to secondary transmissions of the
primary transmissions of network stations and
superstations to subscribers who receive
secondary transmissions from a satellite
carrier pursuant to the statutory license under
section 122.
``(C) Waiver.--
``(i) In general.--A subscriber who
is denied the secondary transmission of
the primary transmission of a network
station under subparagraph (B) may
request a waiver from such denial by
submitting a request, through the
subscriber's satellite carrier, to the
network station in the local market
affiliated with the same network where
the subscriber is located. The network
station shall accept or reject the
subscriber's request for a waiver
within 30 days after receipt of the
request. If the network station fails
to accept or reject the subscriber's
request for a waiver within that 30-day
period, that network station shall be
deemed to agree to the waiver request.
Unless specifically stated by the
network station, a waiver that was
granted before the date of the
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004 under section 339(c)(2) of the
Communications Act of 1934 shall not
constitute a waiver for purposes of
this subparagraph.
``(ii) Sunset.--The authority under
clause (i) to grant waivers shall
terminate on December 31, 2008, and any
such waiver in effect shall terminate
on that date.'';
(7) in paragraph (2)(B)(i), by adding at the end
the following new sentence: ``The limitation in this
clause shall not apply to secondary transmissions under
paragraph (3).''.
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
MARKETS.
Section 119 of title 17, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after
paragraph (3), as added by section 102 of this Act, the
following:
``(4) Statutory license where retransmissions into
local market available.--
``(A) Rules for subscribers to analog
signals under subsection (e).--
``(i) For those receiving distant
analog signals.--In the case of a
subscriber of a satellite carrier who
is eligible to receive the secondary
transmission of the primary analog
transmission of a network station
solely by reason of subsection (e) (in
this subparagraph referred to as a
`distant analog signal'), and who, as
of October 1, 2004, is receiving the
distant analog signal of that network
station, the following shall apply:
``(I) In a case in which
the satellite carrier makes
available to the subscriber the
secondary transmission of the
primary analog transmission of
a local network station
affiliated with the same
television network pursuant to
the statutory license under
section 122, the statutory
license under paragraph (2)
shall apply only to secondary
transmissions by that satellite
carrier to that subscriber of
the distant analog signal of a
station affiliated with the
same television network--
``(aa) if, within
60 days after receiving
the notice of the
satellite carrier under
section 338(h)(1) of
the Communications Act
of 1934, the subscriber
elects to retain the
distant analog signal;
but
``(bb) only until
such time as the
subscriber elects to
receive such local
analog signal.
``(II) Notwithstanding
subclause (I), the statutory
license under paragraph (2)
shall not apply with respect to
any subscriber who is eligible
to receive the distant analog
signal of a television network
station solely by reason of
subsection (e), unless the
satellite carrier, within 60
days after the date of the
enactment of the Satellite Home
Viewer Extension and
Reauthorization Act of 2004,
submits to that television
network a list, aggregated by
designated market area (as
defined in section
122(j)(2)(C)), that--
``(aa) identifies
that subscriber by name
and address (street or
rural route number,
city, State, and zip
code) and specifies the
distant analog signals
received by the
subscriber; and
``(bb) states, to
the best of the
satellite carrier's
knowledge and belief,
after having made
diligent and good faith
inquiries, that the
subscriber is eligible
under subsection (e) to
receive the distant
analog signals.
``(ii) For those not receiving
distant analog signals.--In the case of
any subscriber of a satellite carrier
who is eligible to receive the distant
analog signal of a network station
solely by reason of subsection (e) and
who did not receive a distant analog
signal of a station affiliated with the
same network on October 1, 2004, the
statutory license under paragraph (2)
shall not apply to secondary
transmissions by that satellite carrier
to that subscriber of the distant
analog signal of a station affiliated
with the same network.
``(B) Rules for other subscribers.--In the
case of a subscriber of a satellite carrier who
is eligible to receive the secondary
transmission of the primary analog transmission
of a network station under the statutory
license under paragraph (2) (in this
subparagraph referred to as a `distant analog
signal'), other than subscribers to whom
subparagraph (A) applies, the following shall
apply:
``(i) In a case in which the
satellite carrier makes available to
that subscriber, on January 1, 2005,
the secondary transmission of the
primary analog transmission of a local
network station affiliated with the
same television network pursuant to the
statutory license under section 122,
the statutory license under paragraph
(2) shall apply only to secondary
transmissions by that satellite carrier
to that subscriber of the distant
analog signal of a station affiliated
with the same television network if the
subscriber's satellite carrier, not
later than March 1, 2005, submits to
that television network a list,
aggregated by designated market area
(as defined in section 122(j)(2)(C)),
that identifies that subscriber by name
and address (street or rural route
number, city, State, and zip code) and
specifies the distant analog signals
received by the subscriber.
``(ii) In a case in which the
satellite carrier does not make
available to that subscriber, on
January 1, 2005, the secondary
transmission of the primary analog
transmission of a local network station
affiliated with the same television
network pursuant to the statutory
license under section 122, the
statutory license under paragraph (2)
shall apply only to secondary
transmissions by that satellite carrier
of the distant analog signal of a
station affiliated with the same
network to that subscriber if--
``(I) that subscriber seeks
to subscribe to such distant
analog signal before the date
on which such carrier commences
to provide pursuant to the
statutory license under section
122 the secondary transmissions
of the primary analog
transmission of stations from
the local market of such local
network station; and
``(II) the satellite
carrier, within 60 days after
such date, submits to each
television network a list that
identifies each subscriber in
that local market provided such
an analog signal by name and
address (street or rural route
number, city, State, and zip
code) and specifies the distant
analog signals received by the
subscriber.
``(C) Future applicability.--The statutory
license under paragraph (2) shall not apply to
the secondary transmission by a satellite
carrier of a primary analog transmission of a
network station to a person who--
``(i) is not a subscriber lawfully
receiving such secondary transmission
as of the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004; and
``(ii) at the time such person
seeks to subscribe to receive such
secondary transmission, resides in a
local market where the satellite
carrier makes available to that person
the secondary transmission of the
primary analog transmission of a local
network station affiliated with the
same television network pursuant to the
statutory license under section 122,
and such secondary transmission of such
primary transmission can reach such
person.
``(D) Special rules for distant digital
signals.--The statutory license under paragraph
(2) shall apply to secondary transmissions by a
satellite carrier to a subscriber of primary
digital transmissions of network stations if
such secondary transmissions to such subscriber
are permitted under section 339(a)(2)(D) of the
Communications Act of 1934, as in effect on the
day after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, except that the
reference to section 73.683(a) of title 47,
Code of Federal Regulations, referred to in
section 339(a)(2)(D)(i)(I) shall refer to such
section as in effect on the date of the
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004.
``(E) Other provisions not affected.--This
paragraph shall not affect the applicability of
the statutory license to secondary
transmissions under paragraph (3) or to
unserved households included under paragraph
(12).
``(F) Waiver.--A subscriber who is denied
the secondary transmission of a network station
under subparagraph (C) or (D) may request a
waiver from such denial by submitting a
request, through the subscriber's satellite
carrier, to the network station in the local
market affiliated with the same network where
the subscriber is located. The network station
shall accept or reject the subscriber's request
for a waiver within 30 days after receipt of
the request. If the network station fails to
accept or reject the subscriber's request for a
waiver within that 30-day period, that network
station shall be deemed to agree to the waiver
request. Unless specifically stated by the
network station, a waiver that was granted
before the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section
339(c)(2) of the Communications Act of 1934
shall not constitute a waiver for purposes of
this subparagraph.
``(G) Available defined.--For purposes of
this paragraph, a satellite carrier makes
available a secondary transmission of the
primary transmission of a local station to a
subscriber or person if the satellite carrier
offers that secondary transmission to other
subscribers who reside in the same zip code as
that subscriber or person.''.
(2) Subsection (a) is amended by adding at the end
the following:
``(14) Waivers.--A subscriber who is denied the
secondary transmission of a signal of a network station
under subsection (a)(2)(B) may request a waiver from
such denial by submitting a request, through the
subscriber's satellite carrier, to the network station
asserting that the secondary transmission is
prohibited. The network station shall accept or reject
a subscriber's request for a waiver within 30 days
after receipt of the request. If a television network
station fails to accept or reject a subscriber's
request for a waiver within the 30-day period after
receipt of the request, that station shall be deemed to
agree to the waiver request and have filed such written
waiver. Unless specifically stated by the network
station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004 under section 339(c)(2)
of the Communications Act of 1934, and that was in
effect on such date of enactment, shall constitute a
waiver for purposes of this paragraph.''.
(3) Subsection (b)(1) is amended by striking
subparagraph (B) and inserting the following:
``(B) a royalty fee for that 6-month
period, computed by multiplying the total
number of subscribers receiving each secondary
transmission of each superstation or network
station during each calendar month by the
appropriate rate in effect under this
section.''.
(4) Subsection (b)(1) is further amended by adding
at the end the following flush sentence:
``Notwithstanding the provisions of subparagraph (B), a
satellite carrier whose secondary transmissions are
subject to statutory licensing under paragraph (1) or
(2) of subsection (a) shall have no royalty obligation
for secondary transmissions to a subscriber under
paragraph (3) of such subsection.''.
(5) Subsection (c) is amended to read as follows:
``(c) Adjustment of Royalty Fees.--
``(1) Applicability and determination of royalty
fees for analog signals.--
``(A) Initial fee.--The appropriate fee for
purposes of determining the royalty fee under
subsection (b)(1)(B) for the secondary
transmission of the primary analog
transmissions of network stations and
superstations shall be the appropriate fee set
forth in part 258 of title 37, Code of Federal
Regulations, as in effect on July 1, 2004, as
modified under this paragraph.
``(B) Fee set by voluntary negotiation.--On
or before January 2, 2005, the Librarian of
Congress shall cause to be published in the
Federal Register of the initiation of voluntary
negotiation proceedings for the purpose of
determining the royalty fee to be paid by
satellite carriers for the secondary
transmission of the primary analog transmission
of network stations and superstations under
subsection (b)(1)(B).
``(C) Negotiations.--Satellite carriers,
distributors, and copyright owners entitled to
royalty fees under this section shall negotiate
in good faith in an effort to reach a voluntary
agreement or agreements for the payment of
royalty fees. Any such satellite carriers,
distributors and copyright owners may at any
time negotiate and agree to the royalty fee,
and may designate common agents to negotiate,
agree to, or pay such fees. If the parties fail
to identify common agents, the Librarian of
Congress shall do so, after requesting
recommendations from the parties to the
negotiation proceeding. Theparties to each
negotiation proceeding shall bear the cost thereof.
``(D) Agreements binding on parties; filing
of agreements; public notice.--(i) Voluntary
agreements negotiated at any time in accordance
with this paragraph shall be binding upon all
satellite carriers, distributors, and copyright
owners that a parties thereto. Copies of such
agreements shall be filed with the Copyright
Office within 30 days after execution in
accordance with regulations that the Register
of Copyrights shall prescribe.
``(ii)(I) Within 10 days after publication
in the Federal Register of a notice of the
initiation of voluntary negotiation
proceedings, parties who have reached a
voluntary agreement may request that the
royalty fees in that agreement be applied to
all satellite carriers, distributors, and
copyright owners without convening an
arbitration proceeding pursuant to subparagraph
(E).
``(II) Upon receiving a request under
subclause (I), the Librarian of Congress shall
immediately provide public notice of the
royalty fees from the voluntary agreement and
afford parties an opportunity to state that
they object to those fees.
``(III) The Librarian shall adopt the
royalty fees from the voluntary agreement for
all satellite carriers, distributors, and
copyright owners without convening an
arbitration proceeding unless a party with an
intent to participate in the arbitration
proceeding and a significant interest in the
outcome of that proceeding objects under
subclause (II).
``(E) Period agreement is in effect.--The
obligation to pay the royalty fees established
under a voluntary agreement which has been
filed with the Copyright Office in accordance
with this paragraph shall become effective on
the date specified in the agreement, and shall
remain in effect until December 31, 2009, or in
accordance with the terms of the agreement,
whichever is later.
``(F) Fee set by compulsory arbitration.--
``(i) Notice of initiation of
proceedings.--On or before May 1, 2005,
the Librarian of Congress shall cause
notice to be published in the Federal
Register of the initiation of
arbitration proceedings for the purpose
of determining the royalty fee to be
paid for the secondary transmission of
primary analog transmission of network
stations and superstations under
subsection (b)(1)(B) by satellite
carriers and distributors--
``(I) in the absence of a
voluntary agreement filed in
accordance with subparagraph
(D) that establishes royalty
fees to be paid by all
satellite carriers and
distributors; or
``(II) if an objection to
the fees from a voluntary
agreement submitted for
adoption by the Librarian of
Congress to apply to all
satellite carriers,
distributors, and copyright
owners is received under
subparagraph (D) from a party
with an intent to participate
in the arbitration proceeding
and a significant interest in
the outcome of that proceeding.
Such arbitrary proceeding shall be
conducted under chapter 8 as in effect
on the day before the date of the
enactment of the Copyright Royalty and
Distribution Act of 2004.
``(ii) Establishment of royalty
fees.--In determining royalty fees
under this subparagraph, the copyright
arbitration royalty panel appointed
under chapter 8, as in effect on the
day before the date of the enactment of
the Copyright Royalty and Distribution
Act of 2004 shall establish fees for
the secondary transmissions of the
primary analog transmission of network
stations and superstations that most
clearly represent the fair market value
of secondary transmissions, except that
the Librarian of Congress and any
copyright arbitration royalty panel
shall adjust those fees to account for
the obligations of the parties under
any applicable voluntary agreement
filed with the Copyright Office
pursuant to subparagraph (D). In
determining the fair market value, the
panel shall base its decision on
economic, competitive, and programming
information presented by the parties,
including--
``(I) the competitive
environment in which such
programming is distributed, the
cost of similar signals in
similar private and compulsory
license marketplaces, and any
special features and conditions
of the retransmission
marketplace;
``(II) the economic impact
of such fees on copyright
owners and satellite carriers;
and
``(III) the impact on the
continued availability of
secondary transmissions to the
public.
``(iii) Period during which
decision of arbitration panel or order
of librarian effective.--The obligation
to pay the royalty fee established
under a determination which--
``(I) is made by a
copyright arbitration royalty
panel in an arbitration
proceeding under this paragraph
and is adopted by the Librarian
of Congress under section
802(f), as in effect on the day
before the date of the
enactment of the Copyright
Royalty and Distribution Act of
2004; or
``(II) is established by
the Librarian under section
802(f) as in effect on the day
before such date of enactment
shall be effective as of
January 1, 2005.
``(iv) Persons subject to royalty
fee.--The royalty fee referred to in
(iii) shall be binding on all satellite
carriers, distributors and copyright
owners, who are not party to a
voluntary agreement filed with the
Copyright Office under subparagraph
(D).
``(2) Applicability and determination of royalty
fees for digital signals.--The process and requirements
for establishing the royalty fee payable under
subsection (b)(1)(B) for the secondary transmission of
the primary digital transmissions of network stations
and superstations shall be the same as that set forth
in paragraph (1) for the secondary transmission of the
primary analog transmission of network stations and
superstations, except that--
``(A) the initial fee under paragraph
(1)(A) shall be the rates set forth in section
298.3(b)(1) and (2) of title 37, Code of
Federal Regulations, as in effect on the date
of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004,
reduced by 22.5 percent;
``(B) the notice of initiation of
arbitration proceedings required in paragraph
(1)(F)(i) shall be published on or before
December 31, 2005; and
``(C) the royalty fees that are established
for the secondary transmission of the primary
digital transmission of network stations and
superstations in accordance with to the
procedures set forth in paragraph (1)(F)(iii)
and are payable under subsection (b)(1)(B)--
``(i) shall be reduced by 22.5
percent; and
``(ii) shall be adjusted by the
Librarian of Congress on January 1,
2007, and on January 1 of each year
thereafter, to reflect any changes
occurring during the preceding 12
months in the cost of living as
determined by the most recent Consumer
Price Index (for all consumers and
items) published by the Secretary of
Labor.''.
(6) Subsection (a)(7), as redesignated by section
102(5) of this Act, is amended--
(A) in subparagraph (A), by striking ``who
does not reside in an unserved household'' and
inserting ``who is not eligible to receive the
transmission under this section'';
(B) in subparagraph (B), by striking ``who
do not reside in unserved households'' and
inserting ``who are not eligible to receive the
transmission under this section''; and
(C) in subparagraph (D), by striking ``is
for private home viewing to an unserved
household'' and inserting ``is to a subscriber
who is eligible to receive the secondary
transmission under this section''.
SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER
TELEVISION STATIONS.
(a) In General.--Section 119(a) of title 17, United States
Code (as amended by sections 102 and 103 of this Act), is
further amended by adding at the end the following:
``(15) Carriage of low power television stations.--
``(A) In general.--Notwithstanding
paragraph (2)(B), and subject to subparagraphs
(B) through (F) of this paragraph, the
statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary
transmission of the primary transmission of a
network station or a superstation that is
licensed as a low power television station, to
a subscriber who resides within the same local
market.
``(B) Geographic limitation.--
``(i) Network stations.--With
respect to network stations, secondary
transmissions provided for in
subparagraph (A) shall be limited to
secondary transmissions to subscribers
who--
``(I) reside in the same
local market as the station
originating the signal; and
``(II) reside within 35
miles of the transmitter site
of such station, except that in
the case of such a station
located in a standard
metropolitan statistical area
which has 1 of the 50 largest
populations of all standard
metropolitan statistical areas
(based on the 1980 decennial
census of population taken by
the Secretary of Commerce), the
number of miles shall be 20.
``(ii) Superstations.--With respect
to superstations, secondary
transmissions provided for in
subparagraph (A) shall be limited to
secondary transmissions to subscribers
who reside in the same local market as
the station originating the signal.
``(C) No applicability to repeaters and
translators.--Secondary transmissions provided
for in subparagraph (A) shall not apply to any
low power television station that retransmits
the programs and signals of another television
station for more than 2 hours each day.
``(D) Royalty fees.--Notwithstanding
subsection (b)(1)(B), a satellite carrier whose
secondary transmissions of the primary
transmissions of a low power television station
are subject to statutory licensing under this
section shall have no royalty obligation for
secondary transmissions to a subscriber who
resides within 35 miles of the transmitter site
of such station, except that in the case of
such a station located in a standard
metropolitan statistical area which has 1 of
the 50 largest populations of all standard
metropolitan statistical areas (based on the
1980 decennial census of population taken by
the Secretary of Commerce), the number of miles
shall be 20. Carriage of a superstation that is
a low power television station within the
station's local market, but outside of the 35-
mile or 20-mile radius described in the
preceding sentence, shall be subject to royalty
payments under section (b)(1)(B).
``(E) Limitation to subscribers taking
local-into-local service.--Secondary
transmissions provided for in subparagraph (A)
may be made only to subscribers who receive
secondary transmissions of primary
transmissions from that satellite carrier
pursuant to the statutory license under section
122, and only in conformity with the
requirements under 340(b) of the Communications
Act of 1934, as in effect on the date of the
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004.''.
SEC. 105. DEFINITIONS.
Section 119(d) of title 17, United States Code, is
amended--
(1) in paragraph (2)(A), by striking ``a television
broadcast station'' and inserting ``a television
station licensed by the Federal Communications
Commission'';
(2) by amending paragraph (9) to read as follows:
``(9) Superstation.--The term `superstation' means
a television station, other than a network station,
licensed by the Federal Communications Commission, that
is secondarily transmitted by a satellite carrier.'';
(3) in paragraph (10)--
(A) in subparagraph (B), by striking
``granted under regulations established under
section 339(c)(2) of the Communications Act of
1934'' and inserting ``that meets the standards
of subsection (a)(14) whether or not the waiver
was granted before the date of the enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004''; and
(B) in subparagraph (D), by striking
``(a)(11)'' and inserting ``(a)(12)''; and
(4) by striking paragraphs (11) and (12) and
inserting the following:
``(11) Local market.--The term `local market' has
the meaning given such term under section 122(j),
except that with respect to a low power television
station, the term `local market' means the designated
market area in which the station is located.
``(12) Low power television station.--The term `low
power television station' means a low power television
as defined under section 74.701(f) of title 47, Code of
Federal Regulations, as in effect on June 1, 2004. For
purposes of this paragraph, the term `low power
television station' includes a low power television
station that has been accorded primary status as a
Class A television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations.
``(13) Commercial establishment.--The term
`commercial establishment'--
``(A) means an establishment used for
commercial purposes, such as a bar, restaurant,
private office, fitness club, oil rig, retail
store, bank or other financial institution,
supermarket, automobile or boat dealership, or
any other establishment with a common business
area; and
``(B) does not include a multi-unit
permanent or temporary dwelling where private
home viewing occurs, such as a hotel,
dormitory, hospital, apartment, condominium, or
prison.''.
SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this title shall modify any remedy imposed on a
party that is required by the judgment of a court in any action
that was brought before May 1, 2004, against that party for a
violation of section 119 of title 17, United States Code.
SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING
SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.
(a) In General.--Section 119 of title 17, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting ``or for viewing in a
commercial establishment'' after ``for private
home viewing'' each place it appears; and
(B) by striking ``household'' and inserting
``subscriber'';
(2) in subsection (b), by striking ``for private
home viewing'' each place it appears;
(3) in subsection (d)(1)--
(A) by striking ``for private home
viewing''; and
(B) by inserting ``in accordance with the
provisions of this section'' before the period;
(4) in subsection (d)(6), by inserting ``pursuant
to this section'' before the period; and
(5) in subsection (d)(8)--
(A) by striking ``who'' and inserting ``or
entity that'';
(B) by striking ``for private home
viewing''; and
(C) by inserting ``in accordance with the
provisions of this section'' before the period.
(b) Conforming Amendments.--Subsections (a)(4) and
(d)(1)(A) of section 111 of title 17, United States Code, are
each amended by striking ``for private home viewing''.
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE
SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended by
adding at the end the following:
``(f) Expedited Consideration by Justice Department of
Voluntary Agreements To Provide Satellite Secondary
Transmissions to Local Markets.--
``(1) In general.--In a case in which no satellite
carrier makes available, to subscribers located in a
local market, as defined in section 122(j)(2), the
secondary transmission into that market of a primary
transmission of one or more television broadcast
stations licensed by the Federal Communications
Commission, and two or more satellite carriers request
a business review letter in accordance with section
50.6 of title 28, Code of Federal Regulations (as in
effect on July 7, 2004), in order to assess the
legality under the antitrust laws of proposed business
conduct to make or carry out an agreement to provide
such secondary transmission into such local market, the
appropriate official of the Department of Justice shall
respond to the request no later than 90 days after the
date on which the request is received.
``(2) Definition.--For purposes of this subsection,
the term `antitrust laws'--
``(A) has the meaning given that term in
subsection (a) of the first section of the
Clayton Act (15 U.S.C. 12(a)), except that such
term includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent
such section 5 applies to unfair methods of
competition; and
``(B) includes any State law similar to the
laws referred to in paragraph (1).''.
SEC. 109. STUDY.
No later than June 30, 2008, the Register of Copyrights
shall report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate the Register's findings and recommendations on the
operation and revision of the statutory licenses under sections
111, 119, and 122 of title 17, United States Code. The report
shall include, but not be limited to, the following:
(1) A comparison of the royalties paid by licensees
under such sections, including historical rates of
increases in these royalties, a comparison betweenthe
royalties under each such section and the prices paid in the
marketplace for comparable programming.
(2) An analysis of the differences in the terms and
conditions of the licenses under such sections, an
analysis of whether these differences are required or
justified by historical, technological, or regulatory
differences that affect the satellite and cable
industries, and an analysis of whether the cable or
satellite industry is placed in a competitive
disadvantage due to these terms and conditions.
(3) An analysis of whether the licenses under such
sections are still justified by the bases upon which
they were originally created.
(4) An analysis of the correlation, if any, between
the royalties, or lack thereof, under such sections and
the fees charged to cable and satellite subscribers,
addressing whether cable and satellite companies have
passed to subscribers any savings realized as a result
of the royalty structure and amounts under such
sections.
(5) An analysis of issues that may arise with
respect to the application of the licenses under such
sections to the secondary transmissions of the primary
transmissions of network stations and superstations
that originate as digital signals, including issues
that relate to the application of the unserved
household limitations under section 119 of title 17,
United States Code, and to the determination of
royalties of cable systems and satellite carriers.
SEC. 110. ADDITIONAL STUDY.
No later than December 31, 2005, the Register of
Copyrights shall report to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary
of the Senate the Register's findings and recommendations on
the following:
(1) The extent to which the unserved household
limitation for network stations contained in section
119 of title 17, United States Code, has operated
efficiently and effectively and has forwarded the goal
of title 17, United States Code, to protect copyright
owners of over-the-air television programming,
including what amendments, if any, are necessary to
effectively identify the application of the limitation
to individual households to receive secondary
transmissions of primary digital transmissions of
network stations.
(2) The extent to which secondary transmissions of
primary transmissions of network stations and
superstations under section 119 of title 17, United
States Code, harm copyright owners of broadcast
programming throughout the United States and the
effect, if any, of the statutory license under section
122 of title 17, United States Code, in reducing such
harm.
SEC. 111. SPECIAL RULES.
(a) Restrictions on Transmission of Distant Television
Stations in Areas of Alaska Where Local-Into-Local Service Is
Available.--Section 119(a) of title 17, United States Code, is
amended by adding at the end thereof the following:
``(16) Restricted transmission of out-of-state
distant network signals into certain markets.--
``(A) Out-of-state network affiliates.--
Notwithstanding any other provision of this
title, the statutory license in this subsection
and subsection (b) shall not apply to any
secondary transmission of the primary
transmission of a network station located
outside of the State of Alaska to any
subscriber in that State to whom the secondary
transmission of the primary transmission of a
television station located in that State is
made available by the satellite carrier
pursuant to section 122.
``(B) Exception.--The limitation in
subparagraph (A) shall not apply to the
secondary transmission of the primary
transmission of a digital signal of a network
station located outside of the State of Alaska
if at the time that the secondary transmission
is made, no television station licensed to a
community in the State and affiliated with the
same network makes primary transmissions of a
digital signal.''.
(b) Extra DMA Deemed Local.--Section 122(j)(2) of title 17,
United States Code, is amended by adding at the end thereof the
following:
``(D) Certain areas outside of any
designated market area.--Any census area,
borough, or other area in the State of Alaska
that is outside of a designated market area, as
determined by Nielsen Media Research, shall be
deemed to be part of one of the local markets
in the State of Alaska. A satellite carrier may
determine which local market in the State of
Alaska will be deemed to be the relevant local
market in connection with each subscriber in
such census area, borough, or other area.''.
SEC. 112. TECHNICAL AMENDMENT.
Section 803(b)(1)(A)(i)(V) of title 17, United States Code,
as amended by the Copyright Royalty and Distribution Reform Act
of 2004, is amended by inserting before the period at the end
the following: ``, except that in the case of proceedings under
section 111 that are scheduled to commence in 2005, such notice
may not be published.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.
Section 325(b)(2)(C) of the Communications Act of 1934 (47
U.S.C. 325(b)(2)(C)) is amended by striking ``December 31,
2004'' and inserting ``December 31, 2009''.
SEC. 202. CABLE/SATELLITE COMPARABILITY.
(a) Amendment.--Part I of title III of the Communications
Act of 1934 is amended by inserting after section 339 (47
U.S.C. 339) the following new section:
``SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.
``(a) Significantly Viewed Stations.--In addition to the
broadcast signals that subscribers may receive under section
338 and 339, a satellite carrier is also authorized to
retransmit to a subscriber located in a community the signal of
any station located outside the local market in which such
subscriber is located, to the extent such signal--
``(1) has, before the date of enactment of the
Satellite Home Viewer Extension and Reauthorization Act
of 2004, been determined by the Federal Communications
Commission to be a signal a cable operator may carry as
significantly viewed in such community, except to the
extent that such signal is prevented from being carried
by a cable system in such community under the
Commission's network nonduplication and syndicated
exclusivity rules; or
``(2) is, after such date of enactment, determined
by the Commission to be significantly viewed in such
community in accordance with the same standards and
procedures concerning shares of viewing hours and
audience surveys as are applicable under the rules,
regulations, and authorizations of the Commission to
determining with respect to a cable system whether
signals are significantly viewed in a community.
``(b) Limitations.--
``(1) Analog service limited to subscribers taking
local-into-local service.--With respect to a signal
that originates as an analog signal of a network
station, this section shall apply only to
retransmissions to subscribers of a satellite carrier
who receive retransmissions of a signal that originates
as an analog signal of a local network station from
that satellite carrier pursuant to section 338.
``(2) Digital service limitations.--With respect to
a signal that originates as a digital signal of a
network station, this section shall apply only if--
``(A) the subscriber receives from the
satellite carrier pursuant to section 338 the
retransmission of the digital signal of a
network station in the subscriber's local
market that is affiliated with the same
television network; and
``(B) either--
``(i) the retransmission of the
local network station occupies at least
the equivalent bandwidth as the digital
signal retransmitted pursuant to this
section; or
``(ii) the retransmission of the
local network station is comprised of
the entire bandwidth of the digital
signal broadcast by such local network
station.
``(3) Limitation not applicable where no network
affiliates.--The limitations in paragraphs (1) and (2)
shall not prohibit a retransmission under this section
to a subscriber located in a local market in which
there are no network stations affiliated with the same
television network as the station whose signal is being
retransmitted pursuant to this section.
``(4) Authority to grant station-specific
waivers.--Paragraphs (1) and (2) shall not prohibit a
retransmission of a network station to a subscriber if
and to the extent that the network station in the local
market in which the subscriber is located, and that is
affiliated with the same television network, has
privately negotiated and affirmatively granted a waiver
from the requirements of paragraph (1) and (2) to such
satellite carrier with respect to retransmission of the
significantly viewed station to such subscriber.
``(c) Publication and Modifications of Lists;
Regulations.--
``(1) In general.--The Commission shall--
``(A) within 60 days after the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004--
``(i) publish a list of the
stations that are eligible for
retransmission under subsection (a) (1)
and the communities in which such
stations are eligible for such
retransmission; and
``(ii) commence a rulemaking
proceeding to implement this section by
publication of a notice of proposed
rulemaking;
``(B) adopt rules pursuant to such
rulemaking within one year after such date of
enactment.
``(2) Public availability of list.--The Commission
shall make readily available to the public in
electronic form, on the Internet website of the
Commission or other comparable facility, a list of the
stations that are eligible for retransmission under
subsection (a) and the communities in which such
stations are eligible for such retransmission. The
Commission shall update such list within 10 business
days after the date on which the Commission issues an
order making any modification of such stations and
communities.
``(3) Modifications.--In addition to cable
operators and television broadcast station licensees,
the Commission shall permit a satellite carrier to
petition for decisions and orders--
``(A) by which stations may be added to
those that are eligible for retransmission
under subsection (a), and by which communities
may be added in which such stations are
eligible for such retransmission; and
``(B) by which network nonduplication or
syndicated exclusivity regulations are applied
to the retransmission in accordance with
subsection (e).
``(d) Effect on Other Obligations and Rights.--
``(1) No effect on carriage obligations.--Carriage
of a signal under this section is not mandatory, and
any right of a station licensee to have the signal of
such station carried under section 338 is not affected
by the eligibility of such station to be carried under
this section.
``(2) Retransmission consent rights not affected.--
The eligibility of the signal of a station to be
carried under this section does not affect any right of
the licensee of such station to grant (or withhold)
retransmission consent under section 325(b)(1).
``(e) Network Nonduplication and Syndicated Exclusivity.--
``(1) Not applicable except as provided by
commission regulations.--Signals eligible to be carried
under this section are not subject to the Commission's
regulations concerning network nonduplication or
syndicated exclusivity unless, pursuant to regulations
adopted by the Commission, the Commission determines to
permit network nonduplication or syndicated exclusivity
to apply within the appropriate zone of protection.
``(2) Limitation.--Nothing in this subsection or
Commission regulations shall permit the application of
network nonduplication or syndicated exclusivity
regulations to the retransmission of distant signals of
network stations that are carried by a satellite
carrier pursuant to a statutory license under section
119(a)(2)(A) or (B) of title 17, United States Code,
with respect to persons who reside in unserved
households, under 119(a)(4)(A), or under section
119(a)(12), of such title.
``(f) Enforcement.--
``(1) Orders and damages.--Upon complaint, the
Commission shall issue a cease and desist order to any
satellite carrier found to have violated this section
in carrying any television broadcast station. Such
order may, if a complaining station requests damages--
``(A) provide for the award of damages to a
complaining station that establishes that the
violation was committed in bad faith, in an
amount up to $50 per subscriber, per station,
per day of the violation; and
``(B) provide for the award of damages to a
prevailing satellite carrier if the Commission
determines that the complaint was frivolous, in
an amount up to $50 per subscriber alleged to
be in violation, per station alleged, per day
of the alleged violation.
``(2) Commission decision.--The Commission shall
issue a final determination resolving a complaint
brought under this subsection not later than 180 days
after the submission of a complaint under this
subsection. The Commission may hear witnesses if it
clearly appears, based on written filings by the
parties, that there is a genuine dispute about material
facts. Except as provided in the preceding sentence,
the Commission may issue a final ruling based on
written filings by the parties.
``(3) Remedies in addition.--The remedies under
this subsection are in addition to any remedies
available under title 17, United States Code.
``(4) No effect on copyright proceedings.--Any
determination, action, or failure to act of the
Commission under this subsection shall have no effect
on any proceeding under title 17, United States Code,
and shall not be introduced in evidence in any
proceeding under that title. In no instance shall a
Commission enforcement proceeding under this subsection
be required as a predicate to the pursuit of a remedy
available under title 17.
``(g) Notices Concerning Significantly Viewed Stations.--
Each satellite carrier that proposes to commence the
retransmission of a station pursuant to this section in any
local market shall--
``(1) not less than 60 days before commencing such
retransmission, provide a written notice to any
television broadcast station in such local market of
such proposal; and
``(2) designate on such carrier's website all
significantly viewed signals carried pursuant to
section 340 and the communities in which the signals
are carried.
``(h) Additional Corresponding Changes in Regulations.--
``(1) Community-by-community elections.--The
Commission shall, no later than October 30, 2005,
revise section 76.66 of its regulations (47 CFR 76.66),
concerning satellite broadcast signal carriage, to
permit (at the next cycle of elections under section
325) a television broadcast station that is located in
a local market into which a satellite carrier
retransmits a television broadcast station pursuant to
section 338, to elect, with respect to such satellite
carrier, between retransmission consent pursuant to
such section 325 and mandatory carriage pursuant to
section 338 separately for each county within such
station's local market, if--
``(A) the satellite carrier has notified
the station, pursuant to paragraph (3), that it
intends to carry another affiliate of the same
network pursuant to this section during the
relevant election period in the station's local
market; or
``(B) on the date notification under
paragraph (3) was due, the satellite carrier
was retransmitting into the station's local
market pursuant to this section an affiliate of
the same television network.
``(2) Unified negotiations.--In revising its
regulations as required by paragraph (1), the
Commission shall provide that any such station shall
conduct a unified negotiation for the entire portion of
its local market for which retransmission consent is
elected.
``(3) Additional provisions.--The Commission shall,
no later than October 30, 2005, revise its regulations
to provide the following:
``(A) Notifications by satellite carrier.--
A satellite carrier's retransmission of
television broadcast stations pursuant to this
section shall be subject to the following
limitations:
``(i) In any local market in which
the satellite carrier provides service
pursuant to section 338 on the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004, the carrier may notify a
television broadcast station in that
market, at least 60 days prior to any
date on which the station must
thereafter make an election under
section 76.66 of the Commission's
regulations (47 CFR 76.66), of--
``(I) each affiliate of the
same television network that
the carrier reserves the right
to retransmit into that
station's local market pursuant
to this section during the next
election cycle under such
section of such regulations;
and
``(II) for each such
affiliate, the communities into
which the satellite carrier
reserves the right to make such
retransmissions.
``(ii) In any local market in which
the satellite carrier commences service
pursuant to section 338 after the date
of enactment of the Satellite Home
Viewer Extension and Reauthorization
Act of 2004, the carrier may notify a
station in that market, at least 60
days prior to the introduction of such
service in that market, and thereafter
at least 60 days prior to any date on
which the station must thereafter make
an election under section 76.66 of the
Commission's regulations (47 CFR
76.66), of each affiliate of the same
television network that the carrier
reserves the right to retransmit into
that station's local market during the
next election cycle under such section
of such regulations.
``(iii) Beginning with the 2005
election cycle, a satellite carrier may
only retransmit pursuant to this
section during the pertinent election
period a signal--
``(I) as to which it has
provided the notifications set
forth in clauses (i) and (ii);
or
``(II) that it was
retransmitting into the local
market under this section as of
the date such notifications
were due.
``(B) Harmonization of elections and
retransmission consent agreements.--If a
satellite carrier notifies a television
broadcast station that it reserves the right to
retransmit an affiliate of the same television
network during the next election cycle pursuant
to this section, the station may choose between
retransmission consent and mandatory carriage
for any portion of the 3-year election cycle
that is not covered by an existing
retransmission consent agreement.
``(i) Definitions.--As used in this section:
``(1) Local market; satellite carrier; subscriber;
television broadcast station.--The terms `local
market', `satellite carrier', `subscriber', and
`television broadcast station' have the meanings given
such terms in section 338(k).
``(2) Network station; television network.--The
terms `network station' and `television network' have
the meanings given such terms in section 339(d).
``(3) Community.--The term `community' means--
``(A) a county or a cable community, as
determined under the rules, regulations, and
authorizations of the Commission applicable to
determining with respect to a cable system
whether signals are significantly viewed; or
``(B) a satellite community, as determined
under such rules, regulations, and
authorizations (or revisions thereof) as the
Commission may prescribe in implementing the
requirements of this section.
``(4) Bandwidth.--The terms `equivalent bandwidth'
and `entire bandwidth' shall be defined by the
Commission by regulation, except that this paragraph
shall not be construed--
``(A) to prevent a satellite operator from
using compression technology;
``(B) to require a satellite operator to
use the identical bandwidth or bit rate as the
local or distant broadcaster whose signal it is
retransmitting;
``(C) to require a satellite operator to
use the identical bandwidth or bit rate for a
local network station as it does for a distant
network station;
``(D) to affect a satellite operator's
obligations under subsection (a)(1); or
``(E) to affect the definitions of `program
related' and `primary video'.''.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.
(a) Amendments.--Section 338 of the Communications Act of
1934 (47 U.S.C. 338(d)) is amended--
(1) by redesignating subsections (g) and (h) as
subsections (j) and (k), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Carriage of Local Stations on a Single Dish.--
``(1) Single dish.--Each satellite carrier that
retransmits the analog signals of local television
broadcast stations in a local market shall retransmit
such analog signals in such market by means of a single
reception antenna and associated equipment.
``(2) Exception.--If the carrier retransmits
signals in the digital television service, the carrier
shall retransmit such digital signals in such market by
means of a single reception antenna and associated
equipment, but such antenna and associated equipment
may be separate from the single reception antenna and
associated equipment used for analog television service
signals.
``(3) Effective date.--The requirements of
paragraphs (1) and (2) of this subsection shall apply
on and after 18 months after the date of enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004.
``(4) Notice of disruptions.--A carrier that is
providing signals of a local television broadcast
station in a local market under this section on the
date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004 shall, not
later than 15 months after such date of enactment,
provide to the licensees for such stations and the
carrier's subscribers in such local market a notice
that displays prominently and conspicuously a clear
statement of--
``(A) any reallocation of signals between
different reception antennas and associated
equipment that the carrier intends to make in
order to comply with the requirements of this
subsection;
``(B) the need, if any, for subscribers to
obtain an additional reception antenna and
associated equipment to receive such signals;
and
``(C) any cessation of carriage or other
material change in the carriage of signals as a
consequence of the requirements of this
paragraph.''.
(b) Conforming Amendments: Commission Enforcement of
Section; Low Power Television Stations.--
(1) Section 338(a) of such Act is amended by
striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Each satellite carrier
providing, under section 122 of title 17, United States
Code, secondary transmissions to subscribers located
within the local market of a television broadcast
station of a primary transmission made by that station
shall carry upon request the signals of all television
broadcast stations located within that local market,
subject to section 325(b).
``(2) Remedies for failure to carry.--In addition
to the remedies available to television broadcast
stations under section 501(f) of title 17, United
States Code, the Commission may use the Commission's
authority under this Act to assure compliance with the
obligations of this subsection, but in no instance
shall a Commission enforcement proceeding be required
as a predicate to the pursuit of a remedy available
under such section 501(f).
``(3) Low power station carriage optional.--No low
power television station whose signals are provided
under section 119(a)(14) of title 17, United States
Code, shall be entitled to insist on carriage under
this section, regardless of whether the satellite
carrier provides secondary transmissions of the primary
transmissions of other stations in the same local
market pursuant to section 122 of such title, nor shall
any such carriage be considered in connection with the
requirements of subsection (c) of this section.''.
(2) Section 338(c)(1) of such Act is amended by
striking ``subsection (a)'' and inserting ``subsection
(a)(1)''.
(3) Section 338(k) of such Act (as redesignated by
subsection (a)(1)) is amended--
(A) by redesignating paragraphs (4) through
(7) as paragraphs (5) through (8),
respectively; and
(B) by inserting after paragraph (3) the
following new paragraph:
``(4) Low power television station.--The term `low
power television station' means a low power television
station as defined under section 74.701(f) of title 47,
Code of Federal Regulations, as in effect on June 1,
2004. For purposes of this paragraph, the term `low
power television station' includes a low power
television station that has been accorded primary
status as a Class A television licensee under section
73.6001(a) of title 47, Code of Federal Regulations.''.
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.
(a) Replacement.--Section 339(a) of the Communications Act
of 1934 (47 U.S.C. 339(a)) is amended--
(1) in paragraph (1), by adding at the end the
following new sentence: ``Such two network stations may
be comprised of both the analog signal and digital
signal of not more than two network stations.'';
(2) by redesignating paragraph (2) as paragraph
(3);
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) Replacement of distant signals with local
signals.--Notwithstanding any other provision of
paragraph (1), the following rules shall apply after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004:
``(A) Rules for grandfathered subscribers
to analog signals.--
``(i) For those receiving distant
analog signals.--In the case of a
subscriber of a satellite carrier who
is eligible to receive the analog
signal of a network station solely by
reason of section 119(e) of title 17,
United States Code (in this
subparagraph referred to as a `distant
analog signal'), and who, as of October
1, 2004, is receiving the distant
analog signal of that network station,
the following shall apply:
``(I) In a case in which
the satellite carrier makes
available to the subscriber the
analog signal of a local
network station affiliated with
the same television network
pursuant to section 338, the
carrier may only provide the
secondary transmissions of the
distant analog signal of a
station affiliated with the
same network to that
subscriber--
``(aa) if, within
60 days after receiving
the notice of the
satellite carrier under
section 338(h)(1) of
this Act, the
subscriber elects to
retain the distant
analog signal; but
``(bb) only until
such time as the
subscriber elects to
receive such local
analog signal.
``(II) Notwithstanding
subclause (I), the carrier may
not retransmit the distant
analog signal to any subscriber
who is eligible to receive the
analog signal of a network
station solely by reason of
section 119(e) of title 17,
United States Code, unless such
carrier, within 60 days after
the date of the enactment of
the Satellite Home Viewer
Extension and Reauthorization
Act of 2004, submits to that
television network the list and
statement required by
subparagraph (F)(i).
``(ii) For those not receiving
distant analog signals.--In the case of
any subscriber of a satellite carrier
who is eligible to receive the distant
analog signal of a network station
solely by reason of section 119(e) of
title 17, United States Code, and who
did not receive a distant analog signal
of a station affiliated with the same
network on October 1, 2004, the carrier
may not provide the secondary
transmissions of the distant analog
signal of a station affiliated with the
same network to that subscriber.
``(B) Rules for other subscribers to analog
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive
the analog signal of a network station under
this section (in this subparagraph referred to
as a `distant analog signal'), other than
subscribers to whom subparagraph (A) applies,
the following shall apply:
``(i) In a case in which the
satellite carrier makes available to
that subscriber, on January 1, 2005,
the analog signal of a local network
station affiliated with the same
television network pursuant to section
338, the carrier may only provide the
secondary transmissions of the distant
analog signal of a station affiliate
with the same network to that
subscriber if the subscriber's
satellite carrier, not later than March
1, 2005, submits to that television
network the list and statement required
by subparagraph (F)(i).
``(ii) In a case in which the
satellite carrier does not make
available to that subscriber, on
January 1, 2005, the analog signal of a
local network station pursuant to
section 338, the carrier may only
provide the secondary transmissions of
the distant analog signal of a station
affiliated with the same network to
that subscriber if--
``(I) that subscriber seeks
to subscribe to such distant
analog signal before the date
on which such carrier commences
to carry pursuant to section
338 the analog signals of
stations from the local market
of such local network station;
and
``(II) the satellite
carrier, within 60 days after
such date, submits to each
television network the list and
statement required by
subparagraph (F)(ii).
``(C) Future applicability.--A satellite
carrier may not provide a distant analog signal
(within the meaning of subparagraph (A) or (B))
to a person who--
``(i) is not a subscriber lawfully
receiving such secondary transmission
as of the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004; and
``(ii) at the time such person
seeks to subscribe to receive such
secondary transmission, resides in a
local market where the satellite
carrier makes available to that person
the analog signal of a local network
station affiliated with the same
television network pursuant to section
338, and the retransmission of such
signal by such carrier can reach such
subscriber.
``(D) Special rules for distant digital
signals.--
``(i) Eligibility.--In the case of
a subscriber of a satellite carrier
who, with respect to a local network
station--
``(I) is a subscriber whose
household is located outside
the coverage area of the analog
signal of such station as
predicted by the model
specified in subsection (c)(3)
of this section for the signal
intensity required under
section 73.683(a) of title 47
of the Code of Federal
Regulations, or a successor
regulation;
``(II) is in an unserved
household as determined under
section 119(d)(1)(A) of title
17, United States Code; or
``(III) is, after the date
on which the conditions
required by clause (vii) are
met with respect to such
station, determined under
clause (vi) of this
subparagraph to be unable to
receive a digital signal of
such local network station that
exceeds the signal intensity
standard specified in such
clause;
such subscriber is eligible to receive
the digital signal of a distant network
station affiliated with the same
network under this section (in this
subparagraph referred to as a `distant
digital signal') subject to the
provisions of this subparagraph.
``(ii) Pre-enactment distant
digital signal subscribers.--Any
eligible subscriber under this
subparagraph who is a lawful subscriber
to such a distant digital signal as of
the date of enactment of the Satellite
Home Viewer Extension and
Reauthorization Act of 2004 may
continue to receive such distant
digital signal, whether or not such
subscriber elects to subscribe to local
digital signals.
``(iii) Local-to-local analog
markets.--In a case in which the
satellite carrier makes available to an
eligible subscriber under this
subparagraph the analog signal of a
local network station pursuant to
section 338, the carrier may only
provide the distant digital signal of a
station affiliated with the same
network to that subscriber if--
``(I) in the case of any
local market in the 48
contiguous States of the United
States, the distant digital
signal is the secondary
transmission of a station whose
prime time network programming
is generally broadcast
simultaneously with, or later
than, the prime time network
programming of the affiliate of
the same network in the local
market;
``(II) in any local market,
the retransmission of the
distant digital signal of the
distant station occupies at
least the equivalent bandwidth
(as such term is defined by the
Commission under section
340(h)(4)) as the digital
signal broadcast by such
station; and
``(III) the subscriber
subscribes to the analog signal
of such local network station
within 60 days after such
signal is made available by the
satellite carrier, and adds to
or replaces such analog signal
with the digital signal from
such local network station
within 60 days after such
signal is made available by the
satellite carrier, except that
such distant digital signal may
continue to be provided to a
subscriber who cannot be
reached by the satellite
transmission of the local
digital signal.
``(iv) Local-to-local digital
markets.--After the date on which a
satellite carrier makes available the
digital signal of a local network
station, the carrier may not offer the
distant digital signal of a network
station affiliated with the same
television network to any new
subscriber to such distant digital
signal after such date, except that
such distant digital signal may be
provided to a new subscriber who cannot
be reached by the satellite
transmission of the local digital
signal.
``(v) Non-local-to-local markets.--
After the date of enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, if the
satellite carrier does not make
available the digital signal of a local
network station in a local market, the
satellite carrier may offer a new
subscriber after such date who is
eligible under this subparagraph a
distant digital signal from a station
affiliated with the same network and,
in the case of any local market in the
48 contiguous States of the United
States, whose prime time network
programming is generally broadcast
simultaneously with, or later than, the
prime time network programming of the
affiliate of the same network in the
local market, except that--
``(I) such carrier may
continue to provide such
distant digital signal to such
a subscriber after the date on
which the carrier makes
available the digital signal of
a local network station
affiliated with such network
only if such subscriber
subscribes to the digital
signal from such local network
station; and
``(II) the limitation
contained in subclause (I) of
this clause shall not apply to
a subscriber that cannot be
reached by the satellite
transmission of the local
digital signal.
``(vi) Signal testing for digital
signals.--
``(I) A subscriber shall be
eligible for a distant digital
signal under clause (i)(III) if
such subscriber is determined,
based on a test conducted in
accordance with section
73.686(d) of title 47, Code of
Federal Regulations, or any
successor regulation, not to be
able to receive a signal that
exceeds the signal intensity
standard in section
73.622(e)(1) of title 47, Code
of Federal Regulations, as in
effect on the date of enactment
of the Satellite Home Viewer
Extension and Reauthorization
Act of 2004.
``(II) Such test shall be
conducted, upon written request
for a digital signal strength
test by the subscriber to the
satellite carrier, within 30
days after the date the
subscriber submits such request
for the test. Such test shall
be conducted by a qualified and
independent person selected by
the satellite carrier and the
network station or stations, or
who has been previously
approved by the satellite
carrier and by each affected
network station but not
previously disapproved. A
tester may not be so
disapproved for a test after
the tester has commenced such
test.
``(III) Unless the
satellite carrier and the
network station or stations
otherwise agree, the costs of
conducting the test shall be
borne as follows:
``(aa) If the
subscriber is not
eligible for a distant
digital signal under
clause (i)(I) of this
subparagraph (by reason
of being outside of the
coverage area of the
analog signal), the
satellite carrier may
request the station
licensee for a waiver.
``(bb) If the
licensee agrees to a
waiver, or fails to
respond to a waiver
request within 30 days,
the subscriber may
receive such distant
digital signal.
``(cc) If the
licensee refuses to
grant a waiver, the
subscriber may request
the satellite carrier
to conduct the test.
``(dd) If the
satellite carrier
requests the test and--
``(AA) the station's signal is determined to exceed such
signal intensity standard, the costs of the test shall be borne
by the satellite carrier;
``(BB) the station's signal is determined to not exceed
such signal intensity standard, the costs of the test shall be
borne by the licensee.
``(ee) If the
satellite carrier does
not request the test,
or fails to respond
within 30 days, the
subscriber may request
the test be conducted
under the supervision
of the carrier, and the
costs of the test shall
be borne by the
subscriber in
accordance with
regulations prescribed
by the Commission. Such
regulations shall also
require the carrier to
notify the subscriber
of the typical costs of
such test.
``(vii) Trigger events for use of
testing.--A subscriber shall not be
eligible for a distant digital signal
under clause (i)(III) pursuant to a
test conducted under clause (vii)
until--
``(I) in the case of a
subscriber whose household is
located within the area
predicted to be served (by the
predictive model for analog
signals under subsection (b)(3)
of this section) by the signal
of a local network station and
who is seeking a distant
digital signal of a station
affiliated with the same
network as that local network
station--
``(aa) April 30,
2006, if such local
network station is
within the top 100
television markets
and--
``(AA) has received a tentative digital television
service channel designation that is the same as such station's
current digital television service channel; or
``(BB) has been found by the Commission to have lost
interference protection; or
``(bb) July 15,
2007, for any other
local network stations,
other than translator
stations licensed to
broadcast on the date
of enactment of the
Satellite Home Viewer
Extension and
Reauthorization Act of
2004; or
``(II) in the case of a
translator station, one year
after the date on which the
Commission completes all
actions necessary for the
allocation and assignment of
digital television licenses to
television translator stations.
``(viii) Testing waivers.--Upon
request by a local network station, the
Commission may grant a waiver with
respect to such station to the
beginning of testing under clause
(vii), and prohibit subscribers from
receiving digital signal strength
testing with respect to such station.
Such a request shall be filed not less
than 5 months prior to the
implementation deadline specified in
such clause, and the Commissionshall
act on such request by such implementation deadline. Such a waiver
shall expire at the end of not more than 6 months, except that a waiver
may be renewed upon a proper showing. The Commission may only grant
such a request upon submission of clear and convincing evidence that
the station's digital signal coverage is limited due to the
unremediable presence of one or more of the following:
``(I) the need for
international coordination or
approvals;
``(II) clear zoning or
environmental legal
impediments;
``(III) force majeure;
``(IV) the station
experiences a substantial
decrease in its digital signal
coverage area due to necessity
of using side-mounted antenna;
``(V) substantial technical
problems that result in a
station experiencing a
substantial decrease in its
coverage area solely due to
actions to avoid interference
with emergency response
providers; or
``(VI) no satellite carrier
is providing the retransmission
of the analog signals of local
network stations under section
338 in the local market.
Under no circumstances may such a
waiver be based upon financial
exigency.
``(ix) Special waiver provision for
translators.--Upon request by a
television translator station, the
Commission may grant, for not more than
3 years, a waiver with respect to such
station to the beginning of testing
under clause (vii), and prohibit
subscribers from receiving digital
signal strength testing with respect to
such station, if the Commission
determines that the translator station
is not broadcasting a digital signal
due to one or more of the following:
``(I) frequent occurrence
of inclement weather; or
``(II) mountainous terrain
at the transmitter tower
location.
``(x) Savings provision.--Nothing
in this subparagraph shall be construed
to affect a satellite carrier's
obligations under section 338.
``(xi) Definition.--For purposes of
clause (viii), the term `emergency
response providers' means Federal,
State, or local governmental and
nongovernmental emergency public
safety, law enforcement, fire,
emergency response, emergency medical
(including hospital emergency
facilities), and related personnel,
organizations, agencies, or
authorities.
``(E) Authority to grant station-specific
waivers.--This paragraph shall not prohibit a
retransmission of a distant analog signal or
distant digital signal (within the meaning of
subparagraph (A), (B), or (D)) of any distant
network station to any subscriber to whom the
signal of a local network station affiliated
with the same network is available, if and to
the extent that such local network station has
affirmatively granted a waiver from the
requirements of this paragraph to such
satellite carrier with respect to
retransmission of such distant network station
to such subscriber.
``(F) Notices to networks of distant signal
subscribers.--
``(i) Within 60 days after the date
of enactment of the Satellite Home
Viewer Extension and Reauthorization
Act of 2004, each satellite carrier
that provides a distant signal of a
network station to a subscriber
pursuant to subparagraph (A) or (B)(i)
of this paragraph shall submit to each
network--
``(I) a list, aggregated by
designated market area,
identifying each subscriber
provided such a signal by--
``(aa) name;
``(bb) address
(street or rural route
number, city, State,
and zip code); and
``(cc) the distant
network signal or
signals received; and
``(II) a statement that, to
the best of the carrier's
knowledge and belief after
having made diligent and good
faith inquiries, the subscriber
is qualified under the existing
law to receive the distant
network signal or signals
pursuant to subparagraph (A) or
(B)(i) of this paragraph.
``(ii) Within 60 days after the
date a satellite carrier commences to
carry pursuant to section 338 the
signals of stations from a local
market, such a satellite carrier that
provides a distant signal of a network
station to a subscriber pursuant to
subparagraph (B)(ii) of this paragraph
shall submit to each network--
``(I) a list identifying
each subscriber in that local
market provided such a signal
by--
``(aa) name;
``(bb) address
(street or rural route
number, city, State,
and zip code); and
``(cc) the distant
network signal or
signals received; and
``(II) a statement that, to
the best of the carrier's
knowledge and belief after
having made diligent and good
faith inquiries, the subscriber
is qualified under the existing
law to receive the distant
network signal or signals
pursuant to subparagraph
(B)(ii) of this paragraph.
``(G) Other provisions not affected.--This
paragraph shall not affect the eligibility of a
subscriber to receive secondary transmissions
under section 340 of this Act or as an unserved
household included under section 119(a)(12) of
title 17, United States Code.
``(H) Available defined.--For purposes of
this paragraph, a satellite carrier makes
available a local signal to a subscriber or
person if the satellite carrier offers that
local signal to other subscribers who reside in
the same zip code as that subscriber or
person.''; and
(4) in paragraph (3) (as redesignated by paragraph
(2) of this subsection), by adding at the end the
following: ``, except that paragraph (2)(D) of this
subsection, relating to the provision of distant
digital signals, shall be enforceable under the
provisions of section 340(f)''.
(b) Study of Digital Strength Testing Procedures.--Section
339(c) of such Act (47 U.S.C. 339(c)) is amended by striking
paragraph (1) and inserting the following:
``(1) Study of digital strength testing
procedures.--
``(A) Study required.--Not later than one
year after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal
Communications Commission shall complete an
inquiry regarding whether, for purposes of
identifying if a household is unserved by an
adequate digital signal under section
119(d)(10) of title 17, United States Code, the
digital signal strength standard in section
73.622(e)(1) of title 47, Code of Federal
Regulations, or the testing procedures in
section 73.686(d) of title 47, Code of Federal
Regulations, such statutes or regulations
should be revised to take into account the
types of antennas that are available to
consumers.
``(B) Study considerations.--In conducting
the study under this paragraph, the Commission
shall consider whether--
``(i) to account for the fact that
an antenna can be mounted on a roof or
placed in a home and can be fixed or
capable of rotating;
``(ii) section 73.686(d) of title
47, Code of Federal Regulations, should
be amended to create different
procedures for determining if the
requisite digital signal strength is
present than for determining if the
requisite analog signal strength is
present;
``(iii) a standard should be used
other than the presence of a signal of
a certain strength to ensure that a
household can receive a high-quality
picture using antennas of reasonable
cost and ease of installation;
``(iv) to develop a predictive
methodology for determining whether a
household is unserved by an adequate
digital signal under section 119(d)(10)
of title 17, United States Code;
``(v) there is a wide variation in
the ability of reasonably priced
consumer digital television sets to
receive over-the-air signals, such that
at a given signal strength some may be
able to display high-quality pictures
while others cannot, whether such
variation is related to the price of
the television set, and whether such
variation should be factored into
setting a standard for determining
whether a household is unserved by an
adequate digital signal; and
``(vi) to account for factors such
as building loss, external interference
sources, or undesired signals from both
digital television and analog
television stations using either the
same or adjacent channels in nearby
markets, foliage, and man-made clutter.
``(C) Report.--Not later than one year
after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal
Communications Commission shall submit to the
Committee on Energy and Commerce of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report containing--
``(i) the results of the study
under this paragraph; and
``(ii) recommendations, if any, as
to what changes should be made to
Federal statutes or regulations.''.
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS
CONCERNING SIGNAL CARRIAGE.
Section 338 of the Communications Act of 1934 (47 U.S.C.
338) is further amended by inserting after subsection (g) (as
added by section 203) the following new subsection:
``(h) Additional Notices to Subscribers, Networks, and
Stations Concerning Signal Carriage.--
``(1) Notices to and elections by subscribers
concerning grandfathered signals.--Any carrier that
provides a distant signal of a network station to a
subscriber pursuant section 339(a)(2)(A) shall--
``(A) within 60 days after the local signal
of a network station of the same television
network is available pursuant to section 338,
or within 60 days after the date of enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, whichever is
later, send a notice to the subscriber--
``(i) offering to substitute the
local network signal for the
duplicating distant network signal; and
``(ii) informing the subscriber
that, if the subscriber fails to
respond in 60 days, the subscriber will
lose the distant network signal but
will be permitted to subscribe to the
local network signal; and
``(B) if the subscriber--
``(i) elects to substitute such
local network signal within such 60
days, switch such subscriber to such
local network signal within 10 days
after the end of such 60-day period; or
``(ii) fails to respond within such
60 days, terminate the distant network
signal within 10 days after the end of
such 60-day period.
``(2) Notice to station licensees of commencement
of local-into-local service.--
``(A) Notice required.--Within 180 days
after the date of enactment of the Satellite
Home Viewer Extension and Reauthorization Act
of 2004, the Commission shall revise the
regulations under this section relating to
notice to broadcast station licensees to comply
with the requirements of this paragraph.
``(B) Contents of commencement notice.--The
notice required by such regulations shall
inform each television broadcast station
licensee within any local market in which a
satellite carrier proposes to commence carriage
of signals of stations from that market, not
later than 60 days prior to the commencement of
such carriage--
``(i) of the carrier's intention to
launch local-into-local service under
this section in a local market, the
identity of that local market, and the
location of the carrier's proposed
local receive facility for that local
market;
``(ii) of the right of such
licensee to elect carriage under this
section or grant retransmission consent
under section 325(b);
``(iii) that such licensee has 30
days from the date of the receipt of
such notice to make such election; and
``(iv) that failure to make such
election will result in the loss of the
right to demand carriage under this
section for the remainder of the 3-year
cycle of carriage under section 325.
``(C) Transmission of notices.--Such
regulations shall require that each satellite
carrier shall transmit the notices required by
such regulation via certified mail to the
address for such television station licensee
listed in the consolidated database system
maintained by the Commission.''.
SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.
(a) Amendment.--Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is further amended by inserting after
subsection (h) (as added by section 205) the following new
subsection:
``(i) Privacy Rights of Satellite Subscribers.--
``(1) Notice.--At the time of entering into an
agreement to provide any satellite service or other
service to a subscriber and at least once a year
thereafter, a satellite carrier shall provide notice in
the form of a separate, written statement to such
subscriber which clearly and conspicuously informs the
subscriber of--
``(A) the nature of personally identifiable
information collected or to be collected with
respect to the subscriber and the nature of the
use of such information;
``(B) the nature, frequency, and purpose of
any disclosure which may be made of such
information, including an identification of the
types of persons to whom the disclosure may be
made;
``(C) the period during which such
information will be maintained by the satellite
carrier;
``(D) the times and place at which the
subscriber may have access to such information
in accordance with paragraph (5); and
``(E) the limitations provided by this
section with respect to the collection and
disclosure of information by a satellite
carrier and the right of the subscriber under
paragraphs (7) and (9) to enforce such
limitations.
In the case of subscribers who have entered into such
an agreement before the effective date of this
subsection, such notice shall be provided within 180
days of such date and at least once a year thereafter.
``(2) Definitions.--For purposes of this
subsection, other than paragraph (9)--
``(A) the term `personally identifiable
information' does not include any record of
aggregate data which does not identify
particular persons;
``(B) the term `other service' includes any
wire or radio communications service provided
using any of the facilities of a satellite
carrier that are used in the provision of
satellite service; and
``(C) the term `satellite carrier'
includes, in addition to persons within the
definition of satellite carrier, any person
who--
``(i) is owned or controlled by, or
under common ownership or control with,
a satellite carrier; and
``(ii) provides any wire or radio
communications service.
``(3) Prohibitions.--
``(A) Consent to collection.--Except as
provided in subparagraph (B), a satellite
carrier shall not use any facilities used by
the satellite carrier to collect personally
identifiable information concerning any
subscriber without the prior written or
electronic consent of the subscriber concerned.
``(B) Exceptions.--A satellite carrier may
use such facilities to collect such information
in order to--
``(i) obtain information necessary
to render a satellite service or other
service provided by the satellite
carrier to the subscriber; or
``(ii) detect unauthorized
reception of satellite communications.
``(4) Disclosure.--
``(A) Consent to disclosure.--Except as
provided in subparagraph (B), a satellite
carrier shall not disclose personally
identifiable information concerning any
subscriber without the prior written or
electronic consent of the subscriber concerned
and shall take such actions as are necessary to
prevent unauthorized access to such information
by a person other than the subscriber or
satellite carrier.
``(B) Exceptions.--A satellite carrier may
disclose such information if the disclosure
is--
``(i) necessary to render, or
conduct a legitimate business activity
related to, a satellite service or
other service provided by the satellite
carrier to the subscriber;
``(ii) subject to paragraph (9),
made pursuant to a court order
authorizing such disclosure, if the
subscriber is notified of such order by
the person to whom the order is
directed;
``(iii) a disclosure of the names
and addresses of subscribers to any
satellite service or other service,
if--
``(I) the satellite carrier
has provided the subscriber the
opportunity to prohibit or
limit such disclosure; and
``(II) the disclosure does
not reveal, directly or
indirectly, the--
``(aa) extent of
any viewing or other
use by the subscriber
of a satellite service
or other service
provided by the
satellite carrier; or
``(bb) the nature
of any transaction made
by the subscriber over
any facilities used by
the satellite carrier;
or
``(iv) to a government entity as
authorized under chapters 119, 121, or
206 of title 18, United States Code,
except that such disclosure shall not
include records revealing satellite
subscriber selection of video
programming from a satellite carrier.
``(5) Access by subscriber.--A satellite subscriber
shall be provided access to all personally identifiable
information regarding that subscriber which is
collected and maintained by a satellite carrier. Such
information shall be made available to the subscriber
at reasonable times and at a convenient place
designated by such satellite carrier. A satellite
subscriber shall be provided reasonable opportunity to
correct any error in such information.
``(6) Destruction of information.--A satellite
carrier shall destroy personally identifiable
information if the information is no longer necessary
for the purpose for which it was collected and there
are no pending requests or orders for access to such
information under paragraph (5) or pursuant to a court
order.
``(7) Penalties.--Any person aggrieved by any act
of a satellite carrier in violation of this section may
bring a civil action in a United States district court.
The court may award--
``(A) actual damages but not less than
liquidated damages computed at the rate of $100
a day for each day of violation or $1,000,
whichever is higher;
``(B) punitive damages; and
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred.
The remedy provided by this subsection shall be in
addition to any other lawful remedy available to a
satellite subscriber.
``(8) Rule of construction.--Nothing in this title
shall be construed to prohibit any State from enacting
or enforcing laws consistent with this section for the
protection of subscriber privacy.
``(9) Court orders.--Except as provided in
paragraph (4)(B)(iv), a governmental entity may obtain
personally identifiable information concerning a
satellite subscriber pursuant to a court order only if,
in the court proceeding relevant to such court order--
``(A) such entity offers clear and
convincing evidence that the subject of the
information is reasonably suspected of engaging
in criminal activity and that the information
sought would be material evidence in the case;
and
``(B) the subject of the information is
afforded the opportunity to appear and contest
such entity's claim.''.
(b) Effective Date.--Section 338(i) of the Communications
Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of
this section shall be effective 60 days after the date of
enactment of this Act.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.
(a) Amendments.--Section 325(b)(3)(C) of the Communications
Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended--
(1) by striking ``Within 45 days'' and all that
follows through ``1999, the'' and inserting ``The'';
(2) by striking the second sentence;
(3) by striking ``and'' at the end of clause (i);
(4) in clause (ii)--
(A) by striking ``January 1, 2006'' and
inserting ``January 1, 2010''; and
(B) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new clauses:
``(iii) until January 1, 2010,
prohibit a multichannel video
programming distributor from failing to
negotiate in good faith for
retransmission consent under this
section, and it shall not be a failure
to negotiate in good faith if the
distributor enters into retransmission
consent agreements containing different
terms and conditions, including price
terms, with different broadcast
stations if such different terms and
conditions are based on competitive
marketplace considerations.''.
(b) Deadline.--The Federal Communications Commission shall
prescribe regulations to implement the amendments made by
subsection (a)(5) within 180 days after the date of enactment
of this Act.
SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.
(a) Study Required.--No later than 9 months after the date
of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal Communications
Commission shall complete an inquiry regarding the impact on
competition in the multichannel video programming distribution
market of the current retransmission consent, network
nonduplication, syndicated exclusivity, and sports blackout
rules, including the impact of those rules on the ability of
rural cable operators to compete with direct broadcast
satellite industry in the provision of digital broadcast
television signals to consumers. Such report shall include such
recommendations for changes in any statutory provisions
relating to such rules as the Commission deems appropriate.
(b) Report Required.--The Federal Communications Commission
shall submit a report on the results of the inquiry required by
subsection (a) to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 9
months after the date of the enactment of this Act.
SEC. 209. REDUCTION OF REQUIRED TESTS.
Section 339(c)(4) of the Communications Act of 1934 (47
U.S.C. 339(c)(4)) is amended by inserting after subparagraph
(C) the following new subparagraphs:
``(D) Reduction of verification burdens.--
Within one year after the date of enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Commission
shall by rule exempt from the verification
requirements of subparagraph (A) any request
for a test made by a subscriber to a
satellitecarrier to whom the retransmission of the signals of local
broadcast stations is available under section 338 from such carrier.
``(E) Exception.--A satellite carrier may
refuse to engage in the testing process. If the
carrier does so refuse, a subscriber in a local
market in which the satellite carrier does not
offer the signals of local broadcast stations
under section 338 may, at his or her own
expense, authorize a signal intensity test to
be performed pursuant to the procedures
specified by the Commission in section
73.686(d) of title 47, Code of Federal
Regulations, by a tester who is approved by the
satellite carrier and by each affected network
station, or who has been previously approved by
the satellite carrier and by each affected
network station but not previously disapproved.
A tester may not be so disapproved for a test
after the tester has commenced such test. The
tester shall give 5 business days advance
written notice to the satellite carrier and to
the affected network station or stations. A
signal intensity test conducted in accordance
with this subparagraph shall be determinative
of the signal strength received at that
household for purposes of determining whether
the household is capable of receiving a Grade B
intensity signal.''.
SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS
STATES.
Section 338(a) of the Communications Act of 1934 (47 U.S.C.
338(a)) is amended by adding at the end the following:
``(4) Carriage of signals of local stations in
certain markets.--A satellite carrier that offers
multichannel video programming distribution service in
the United States to more than 5,000,000 subscribers
shall (A) within 1 year after the date of the enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, retransmit the signals
originating as analog signals of each television
broadcast station located in any local market within a
State that is not part of the contiguous United States,
and (B) within 30 months after such date of enactment
retransmit the signals originating as digital signals
of each such station. The retransmissions of such
stations shall be made available to substantially all
of the satellite carrier's subscribers in each
station's local market, and the retransmissions of the
stations in at least one market in the State shall be
made available to substantially all of the satellite
carrier's subscribers in areas of the State that are
not within a designated market area. The cost to
subscribers of such retransmissions shall not exceed
the cost of retransmissions of local television
stations in other States. Within 1 year after the date
of enactment of that Act, the Commission shall
promulgate regulations concerning elections by
television stations in such State between mandatory
carriage pursuant to this section and retransmission
consent pursuant to section 325(b), which shall take
into account the schedule on which local television
stations are made available to viewers in such
State.''.
SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.
Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by inserting after section 339
the following:
``SEC. 341. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.
``(a)(1) In General.--A cable operator or satellite
carrier may elect to retransmit, to subscribers in an eligible
county--
``(A) any television broadcast stations that are
located in the State in which the county is located and
that any cable operator or satellite carrier was
retransmitting to subscribers in the county on January
1, 2004; or
``(B) up to 2 television broadcast stations located
in the State in which the county is located, if the
number of television broadcast stations that the cable
operator or satellite carrier is authorized to carry
under paragraph (1) is less than 3.
``(2) Deemed Significantly Viewed.--Any station described
in subsection (a) is deemed to be significantly viewed in the
eligible county within the meaning of section 76.54 of the
Commission's regulations (47 C.F.R. 76.54).
``(3) Definition of Eligible County.--For purposes of
this section, the term ``eligible county'' means any 1 of 4
counties that--
``(A) are in a single State;
``(B) on January 1, 2004, were each in designated
market areas in which the majority of counties were
located in another State or States; and
``(C) as a group had a combined total of 41,340
television households according to the U.S. Television
Household Estimates by Nielsen Media Research for 2003-
2004.
``(4) Limitation.--Carriage of a station under this
section shall be at the option of the cable operator or
satellite carrier.''.
``(b) Certain Markets.--Notwithstanding any other
provision of law, a satellite carrier may not carry the signal
of a television station into an adjacent local market that is
comprised of only a portion of a county, other than to unserved
households located in that county.''.
SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION.
Nothing in the dates by which requirements or other
provisions are effective under this Act or the amendments made
by this Act shall be construed--
(1) to impair the authority of the Federal
Communications Commission to take any action with
respect to the transition by television broadcasters to
the digital television service; or
(2) to require the Commission to take any such
action.
SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA.
Title III of the Communications Act of 1934 is amended as
follows:
(1) In section 307(c)(3)--
(A) by striking ``any hearing'' and
inserting in lieu thereof ``any administrative
or judicial hearing''; and
(B) by inserting ``or section 402'' after
``section 405''.
(2) In section 307, by adding at the end the
following new subsection:
``(f) Notwithstanding any other provision of law, (1) any
holder of a broadcast license may broadcast to an area of
Alaska that otherwise does not have access to over the air
broadcasts via translator, microwave, or other alternative
signal delivery even if another holder of a broadcast license
begins broadcasting to such area, (2) any holder of a broadcast
license who has broadcast to an area of Alaska that did not
have access to over the air broadcasts via translator,
microwave, or other alternative signal delivery may continue
providing such service even if another holder of a broadcast
license begins broadcasting to such area, and shall not be
fined or subject to any other penalty, forfeiture, or
revocation related to providing such service including any
fine, penalty, forfeiture, or revocation for continuing to
operate notwithstanding orders to the contrary.''.
(3) In section 312(g), by inserting before the
period at the end the following: ``, except that the
Commission may extend or reinstate such station license
if the holder of the station license prevails in an
administrative or judicial appeal, the applicable law
changes, or for any other reason to promote equity and
fairness. Any broadcast license revoked or terminated
in Alaska in a proceeding related to broadcasting via
translator, microwave, or other alternative signal
delivery is reinstated''.
TITLE X--SNAKE RIVER WATER RIGHTS ACT OF 2004
SECTION 1. SHORT TITLE.
This title may be cited as the ``Snake River Water Rights
Act of 2004''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve some of the largest outstanding
issues with respect to the Snake River Basin
Adjudication in Idaho in such a manner as to provide
important benefits to the United States, the State of
Idaho, the Nez Perce Tribe, the allottees, and citizens
of the State;
(2) to achieve a fair, equitable, and final
settlement of all claims of the Nez Perce Tribe, its
members, and allottees and the United States on behalf
of the Tribe, its members, and allottees to the water
of the Snake River Basin within Idaho;
(3) to authorize, ratify, and confirm the Agreement
among the parties submitted to the Snake River Basin
Adjudication Court and provide all parties with the
benefits of the Agreement;
(4) to direct--
(A) the Secretary, acting through the
Bureau of Reclamation, the Bureau of Land
Management, the Bureau of Indian Affairs, and
other agencies; and
(B) the heads of other Federal agencies
authorized to execute and perform actions
necessary to carry out the Agreement;
to perform all of their obligations under the Agreement
and this Act; and
(5) to authorize the actions and appropriations
necessary for the United States to meet the obligations
of the United States under the Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the
document titled ``Mediator's Term Sheet'' dated April
20, 2004, and submitted on that date to the SRBA Court
in SRBA Consolidated Subcase 03-10022and SRBA
Consolidated Subcase 67-13701, with all appendices to the document.
(2) Allottee.--The term ``allottee'' means a person
that holds a beneficial real property interest in an
Indian allotment that is--
(A) located within the Nez Perce
Reservation; and
(B) held in trust by the United States.
(3) Consumptive use reserved water right.--The term
``consumptive use reserved water right'' means the
Federal reserved water right of 50,000 acre-feet per
year, as described in the Agreement, to be decreed to
the United States in trust for the Tribe and the
allottees, with a priority date of 1855.
(4) Parties.--The term ``parties'' means the United
States, the State, the Tribe, and any other entity or
person that submitted, or joined in the submission of,
the Agreement to the SRBA Court on April 20, 2004.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(6) Snake river basin.--The term ``Snake River
Basin'' means the geographic area in the State
described in paragraph 3 of the Commencement Order
issued by the SRBA Court on November 19, 1987.
(7) Springs or fountains water right.--The term
``springs or fountains water right'' means the Tribe's
treaty right of access to and use of water from springs
or fountains on Federal public land within the area
ceded by the Tribe in the Treaty of June 9, 1863 (14
Stat. 647), as recognized under the Agreement.
(8) SRBA.--The term ``SRBA'' means the Snake River
Basin Adjudication litigation before the SRBA Court
styled as In re Snake River Basin Adjudication, Case
No. 39576.
(9) SRBA court.--The term ``SRBA Court'' means the
District Court of the Fifth Judicial District of the
State of Idaho, In and For the County of Twin Falls in
re Snake River Basin Adjudication.
(10) State.--The term ``State'' means the State of
Idaho.
(11) Tribe.--The term ``Tribe'' means the Nez Perce
Tribe.
SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.
(a) In General.--Except to the extent that the Agreement
conflicts with this Act, the Agreement is approved, ratified,
and confirmed.
(b) Execution and Performance.--The Secretary and the other
heads of Federal agencies with obligations under the Agreement
shall execute and perform all actions, consistent with this
Act, that are necessary to carry out the Agreement.
SEC. 5. BUREAU OF RECLAMATION WATER USE.
(a) In General.--As part of the overall implementation of
the Agreement, the Secretary shall take such actions consistent
with the Agreement, this Act, and water law of the State as are
necessary to carry out the Snake River Flow Component of the
Agreement.
(b) Mitigation for Change of Use of Water.--
(1) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$2,000,000 for a 1-time payment to local governments to
mitigate for the change of use of water acquired by the
Bureau of Reclamation under section III.C.6 of the
Agreement.
(2) Distribution of funds.--Funds made available
under paragraph (1) shall be distributed by the
Secretary to local governments in accordance with a
plan provided to the Secretary by the State.
(3) Payments.--Payments by the Secretary shall be
made on a pro rata basis as water rights are acquired
by the Bureau of Reclamation.
SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.
(a) Transfer.--
(1) In general.--The Secretary shall transfer land
selected by the Tribe under paragraph (2) to the Bureau
of Indian Affairs to be held in trust for the Tribe.
(2) Land selection.--The land transferred shall be
selected by the Tribe from a list of parcels of land
managed by the Bureau of Land Management that are
available for transfer, as depicted on the map entitled
``North Idaho BLM Land Eligible for Selection by the
Nez Perce Tribe'' dated May 2004, on file with the
Director of the Bureau of Land Management, not
including any parcel designated on the map as being on
the Clearwater River or Lolo Creek.
(3) Maximum value.--The land selected by the Tribe
for transfer shall be limited to a maximum value in
total of not more than $7,000,000, as determined by an
independent appraisal of fair market value prepared in
accordance with the Uniform Standards of Professional
Appraisal Practice and the Uniform Appraisal Standards
for Federal Land Acquisitions.
(b) Existing Rights and Uses.--
(1) In general.--On any land selected by the Tribe
under subsection (a)(2), any use in existence on the
date of transfer under subsection (a) under a lease or
permit with the Bureau of Land Management, including
grazing, shall remain in effect until the date of
expiration of the lease or permit, unless the holder of
the lease or permit requests an earlier termination of
the lease or permit, in which case the Secretary shall
grant the request.
(2) Availability of amounts.--Amounts that accrue
to the United States under a lease or permit described
in paragraph (1) from sales, bonuses, royalties, and
rentals relating to any land transferred to the Tribe
under this section shall be made available to the Tribe
by the Secretary in the same manner as amounts received
from other land held by the Secretary in trust for the
Tribe.
(c) Date of Transfer.--No land shall be transferred to the
Bureau of Indian Affairs to be held in trust for the Tribe
under this section until the waivers and releases under section
10(a) take effect.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Secretary $200,000 for 1-time
payments to local governments to mitigate for the
transfer of land by the Bureau of Land Management to
the Tribe under section I.F of the Agreement.
(2) Payments.--Payments under paragraph (1) shall
be made on a pro rata basis as parcels of land are
acquired by the Tribe.
SEC. 7. WATER RIGHTS.
(a) Holding in Trust.--
(1) In general.--The consumptive use reserved water
right shall--
(A) be held in trust by the United States
for the benefit of the Tribe and allottees as
set forth in this section; and
(B) be subject to section 7 of the Act of
February 8, 1887 (25 U.S.C. 381).
(2) Springs or fountains water right.--The springs
or fountains water right of the Tribe shall be held in
trust by the United States for the benefit of the
Tribe.
(3) Allottees.--Allottees shall be entitled to a
just and equitable allocation of the consumptive use
reserved water right for irrigation purposes.
(b) Water Code.--
(1) Enactment of water code.--Not later than 3
years after the date of enactment of this Act, the
Tribe shall enact a water code, subject to any
applicable provision of law, that--
(A) manages, regulates, and controls the
consumptive use reserved water right so as to
allocate water for irrigation, domestic,
commercial, municipal, industrial, cultural, or
other uses; and
(B) includes, subject to approval of the
Secretary--
(i) a due process system for the
consideration and determination of any
request by an allottee, or any
successor in interest to an allottee,
for an allocation of such water for
irrigation purposes on allotted land,
including a process for an appeal and
adjudication of denied or disputed
distribution of water and for
resolution of contested administrative
decisions; and
(ii) a process to protect the
interests of allottees when entering
into any lease under subsection (e).
(2) Secretarial approval.--Any provision of the
water code and any amendments to the water code that
affect the rights of the allottees shall be subject to
approval by the Secretary, and no such provision or
amendment shall be valid until approved by the
Secretary.
(3) Interim administration.--The Secretary shall
administer the consumptive use reserved water right
until such date as the water code described in
paragraph (2) has been enacted by the Tribe and the
Secretary has approved the relevant portions of the
water code.
(c) Exhaustion of Remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381) or other applicable law, a
claimant shall exhaust remedies available under the Tribe's
water code and Tribal law.
(d) Petition to the Secretary.--Following exhaustion of
remedies in accordance with subsection (c), a claimant may
petition the Secretary for relief.
(e) Satisfaction of Claims.--
(1) In general.--The water rights and other
benefits granted or confirmed by the Agreement and this
Act shall be in full satisfaction of all claims for
water rights and injuries to water rights of the
allottees.
(2) Satisfaction of entitlements.--Any entitlement
to water of any allottee under Federal law shall be
satisfied out of the consumptive use reserved water
right.
(3) Complete substitution.--The water rights,
resources, and other benefits provided by this Act are
a complete substitution for any rights that may have
been held by, or any claims that may have been asserted
by, allottees within the exterior boundaries of the
Reservation before the date of enactment of this Act.
(f) Abandonment, Forfeiture, or Nonuse.--The consumptive
use reserved water right and the springs or fountains water
right shall not be subject to loss by abandonment, forfeiture,
or nonuse.
(g) Lease of Water.--
(1) In general.--Subject to the water code, the
Tribe, without further approval of the Secretary, may
lease water to which the Tribe is entitled under the
consumptive use reserved water right through any State
water bank in the same manner and subject to the same
rules and requirements that govern any other lessor of
water to the water bank.
(2) Funds.--Any funds accruing to the Tribe from
any lease under paragraph (1) shall be the property of
the Tribe, and the United States shall have no trust
obligation or other obligation to monitor, administer,
or account for any consideration received by the Tribe
under any such lease.
SEC. 8. TRIBAL FUNDS.
(a) Definition of Fund.--In this section, the term ``Fund''
means--
(1) the Nez Perce Tribe Water and Fisheries Fund
established under subsection (b)(1); and
(2) the Nez Perce Tribe Domestic Water Supply Fund
established under subsection (b)(2).
(b) Establishment.--There are established in the Treasury
of the United States--
(1) a fund to be known as the ``Nez Perce Tribe
Water and Fisheries Fund'', to be used to pay or
reimburse costs incurred by the Tribe in acquiring land
and water rights, restoring or improving fish habitat,
or for fish production, agricultural development,
cultural preservation, water resource development, or
fisheries-related projects; and
(2) a fund to be known as the ``Nez Perce Domestic
Water Supply Fund'', to be used to pay the costs for
design and construction of water supply and sewer
systems for tribal communities, including a water
quality testing laboratory.
(c) Management of the Funds.--The Secretary shall manage
the Funds, make investments from the Funds, and make amounts
available from the Funds for distribution to the Tribe
consistent with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), this Act, and the
Agreement.
(d) Investment of the Funds.--The Secretary shall invest
amounts in the Funds in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161; 21
Stat. 70, chapter 41);
(2) the first section of the Act of June 24, 1938
(25 U.S.C. 162a; 52 Stat. 1037, chapter 648); and
(3) subsection (c).
(e) Availability of Amounts From the Funds.--Amounts made
available under subsection (h) shall be available for
expenditure or withdrawal only after the waivers and releases
under section 10(a) take effect.
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribe may withdraw all
or part of amounts in the Funds on approval by
the Secretary of a tribal management plan as
described in the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.).
(B) Requirements.--In addition to the
requirements under the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.), the tribal management plan shall
require that the Tribe spend any amounts
withdrawn from the Funds in accordance with the
purposes described in subsection (b).
(C) Enforcement.--The Secretary may take
judicial or administrative action to enforce
the provisions of any tribal management plan to
ensure that any amounts withdrawn from the
Funds under the plan are used in accordance
with this Act and the Agreement.
(D) Liability.--If the Tribe exercises the
right to withdraw amounts from the Funds,
neither the Secretary nor the Secretary of the
Treasury shall retain any liability for the
expenditure or investment of the amounts.
(2) Expenditure plan.--
(A) In general.--The Tribe shall submit to
the Secretary for approval an expenditure plan
for any portion of the amounts made available
under subsection (h) that the Tribe does not
withdraw under this subsection.
(B) Description.--The expenditure plan
shall describe the manner in which, and the
purposes for which, amounts of the Tribe
remaining in the Funds will be used.
(C) Approval.--On receipt of an expenditure
plan under subparagraph (A), the Secretary
shall approve the plan if the Secretary
determines that the plan is reasonable and
consistent with this Act and the Agreement.
(D) Annual report.--For each Fund, the
Tribe shall submit to the Secretary an annual
report that describes all expenditures from the
Fund during the year covered by the report.
(g) No Per Capita Payments.--No part of the principal of
the Funds, or of the income accruing in the Funds, shall be
distributed to any member of the Tribe on a per capita basis.
(h) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to the Nez Perce Tribe Water and Fisheries
Fund--
(A) for fiscal year 2007, $7,830,000;
(B) for fiscal year 2008, $4,730,000;
(C) for fiscal year 2009, $7,380,000;
(D) for fiscal year 2010, $10,080,000;
(E) for fiscal year 2011, $11,630,000;
(F) for fiscal year 2012, $9,450,000; and
(G) for fiscal year 2013, $9,000,000; and
(2) to the Nez Perce Tribe Domestic Water Supply
Fund--
(A) for fiscal year 2007, $5,100,000;
(B) for fiscal year 2008, $8,200,000;
(C) for fiscal year 2009, $5,550,000;
(D) for fiscal year 2010, $2,850,000; and
(E) for fiscal year 2011, $1,300,000.
SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.
(a) Establishment of Fund.--
(1) In general.--There is established in the
Treasury of the United States a fund to be known as the
``Salmon and Clearwater River Basins Habitat Fund''
(referred to in this section as the ``Fund''), to be
administered by the Secretary.
(2) Accounts.--There is established within the
Fund--
(A) an account to be known as the ``Nez
Perce Tribe Salmon and Clearwater River Basins
Habitat Account'', which shall be administered
by the Secretary for use by the Tribe subject
to the same provisions for management,
investment, and expenditure as the funds
established by section 8; and
(B) an account to be known as the ``Idaho
Salmon and Clearwater River Basins Habitat
Account'', which shall be administered by
theSecretary and provided to the State as provided in the Agreement and
this Act.
(b) Use of the Fund.--
(1) In general.--The Fund shall be used to
supplement amounts made available under any other law
for habitat protection and restoration in the Salmon
and Clearwater River Basins in Idaho, including
projects and programs intended to protect and restore
listed fish and their habitat in those basins, as
specified in the Agreement and this Act.
(2) Release of funds.--The Secretary shall release
funds from the Idaho Salmon and Clearwater River Basins
Habitat Account in accordance with section 6(d)(2) of
the Endangered Species Act (16 U.S.C. 1535(d)(2)).
(3) No allocation requirement.--The use of the Fund
shall not be subject to the allocationprocedures under
section 6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1535(d)(1)).
(c) Availability of Amounts in the Fund.--Amounts made
available under subsection (d) shall be available for
expenditure or withdrawal only after the waivers and releases
under section 10(a) take effect.
(d) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to the Nez Perce Tribe Salmon and Clearwater
River Basins Habitat Account, $2,533,334 for each of
fiscal years 2007 through 2011; and
(2) to the Idaho Salmon and Clearwater River Basins
Habitat Account, $5,066,666 for each of fiscal years
2007 through 2011.
SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims in General.--
(1) Claims to water rights; claims for injuries to
water rights or treaty rights.--Except as otherwise
provided in this Act, the United States on behalf of
the Tribe and the allottees, and the Tribe, waive and
release--
(A) all claims to water rights within the
Snake River Basin (as defined in section 3);
(B) all claims for injuries to such water
rights; and
(C) all claims for injuries to the treaty
rights of the Tribe to the extent that such
injuries result or resulted from flow
modifications or reductions in the quantity of
water available that accrued at any time up to
and including the effective date of the
settlement, and any continuation thereafter of
any such claims, against the State, any agency
or political subdivision of the State, or any
person, entity, corporation, municipal
corporation, or quasi-municipal corporation.
(2) Claims based on reduced water quality or
reductions in water quantity.--The United States on
behalf of the Tribe and the allottees, and the Tribe,
waive and release any claim, under any treaty theory,
based on reduced water quality resulting directly from
flow modifications or reductions in the quantity of
water available in the Snake River Basin against any
party to the Agreement.
(3) No future assertion of claims.--No water right
claim that the Tribe or the allottees have asserted or
may in the future assert outside the Snake River Basin
shall require water to be supplied from the Snake River
Basin to satisfy the claim.
(4) Effect of waivers and releases.--The waivers
and releases by the United States and the Tribe under
this subsection--
(A) shall be permanent and enforceable; and
(B) shall survive any subsequent
termination of any component of the settlement
described in the Agreement or this Act.
(5) Effective date.--The waivers and releases under
this subsection shall take effect on the date on which
the Secretary causes to be published in the Federal
Register a statement of findings that the actions set
forth in section IV.L of the Agreement--
(A) have been completed, including issuance
of a judgment and decree by the SRBA court from
which no further appeal may be taken; and
(B) have been determined by the United
States on behalf of the Tribe and the
allottees, the Tribe, and the State of Idaho to
be consistent in all material aspects with the
Agreement.
(b) Waiver and Release of Claims Against the United
States.--
(1) In general.--In consideration of performance by
the United States of all actions required by the
Agreement and this Act, including the appropriation of
all funds authorized under sections 8(h) and 9(d)(1),
the Tribe shall execute a waiver and release of the
United States from--
(A) all claims for water rights within the
Snake River Basin, injuries to such water
rights, or breach of trust claims for failure
to protect, acquire, or develop such water
rights that accrued at any time up to and
including the effective date determined under
paragraph (2);
(B) all claims for injuries to the Tribe's
treaty fishing rights, to the extent that such
injuries result or resulted from reductions in
the quantity of water available in the Snake
River Basin;
(C) all claims of breach of trust for
failure to protect Nez Perce springs or
fountains treaty rights reserved in article
VIII of the Treaty of June 9, 1863 (14 Stat.
651); and
(D) all claims of breach of trust arising
out of the negotiation of or resulting from the
adoption of the Agreement.
(2) Effective date.--
(A) In general.--The waiver and release
contained in this subsection shall take effect
on the date on which the amounts authorized
under sections 8(h) and 9(d)(1) are
appropriated.
(B) Periods of limitation; equitable
claims.--
(i) In general.--All periods of
limitation and time-based equitable
defenses applicable to the claims set
forth in paragraph (1) are tolled for
the period between the date of
enactment of this Act until the earlier
of--
(I) the date on which the
amounts authorized under
sections 8(h) and 9(d)(1) are
appropriated; or
(II) October 1, 2017.
(ii) Effect of subparagraph.--This
subparagraph neither revives any claim
nor tolls any period of limitation or
time-based equitable defense that may
have expired before the date of
enactment of this Act.
(3) Defense.--The making of the amounts of
appropriations authorized under sections 8(h) and
9(d)(1) shall constitute a complete defense to any
claim pending in any court of the United States on the
date on which the appropriations are made.
(c) Retention of Rights.--
(1) In general.--The Tribe shall retain all rights
not specifically waived or released in the Agreement or
this Act.
(2) Dworshak project.--Nothing in the Agreement or
this Act constitutes a waiver by the Tribe of any claim
against the United States resulting from the
construction and operation of the Dworshak Project
(Project PWI 05090), other than those specified in
subparagraphs (A) and (B) of subsection (b)(1).
(3) Future acquisition of water rights.--Nothing in
the Agreement or this Act precludes the Tribe or
allottees, or the United States as trustee for the
Tribe or allottees, from purchasing or otherwise
acquiring water rights in the future to the same extent
as any other entity in the State.
SEC. 11. MISCELLANEOUS.
(a) General Disclaimer.--The parties expressly reserve all
rights not specifically granted, recognized, or relinquished by
the settlement described in the Agreement or this Act.
(b) Disclaimer Regarding Other Agreements and Precedent.--
(1) In general.--Subject to section 9(b)(3),
nothing in this Act amends, supersedes, or preempts any
State law, Federal law, Tribal law, or interstate
compact that pertains to the Snake River Basin.
(2) No establishment of standard.--Nothing in this
Act--
(A) establishes any standard for the
quantification of Federal reserved water rights
or any other Indian water claims of any other
Indian tribes in any other judicial or
administrative proceeding; or
(B) limits the rights of the parties to
litigate any issue not resolved by the
Agreement or this Act.
(3) No admission against interest.--Nothing in this
Act constitutes an admission against interest against
any party in any legal proceeding.
(c) Treaty Rights.--Nothing in the Agreement or this Act
impairs the treaty fishing, hunting, pasturing, or gathering
rights of the Tribe except to the extent expressly provided in
the Agreement or this Act.
(d) Other Claims.--Nothing in the Agreement or this Act
quantifies or otherwise affects the water rights, claims, or
entitlements to water, or any other treaty right, of any Indian
tribe, band, or community other than the Tribe.
(e) Recreation on Dworshak Reservoir.--
(1) In general.--In implementing the provisions of
the Agreement and this Act relating to the use of water
stored in Dworshak Reservoir for flow augmentation
purposes, the heads of the Federal agencies involved in
the operational Memorandum of Agreement referred to in
the Agreement shall implement a flow augmentation plan
beneficial to fish and consistent with the Agreement.
(2) Contents of plan.--The flow augmentation plan
may include provisions beneficial to recreational uses
of the reservoir through maintenance of the full level
of the reservoir for prolonged periods during the
summer months.
(f) Jurisdiction.--
(1) No effect on subject matter jurisdiction.--
Nothing in the Agreement or this Act restricts,
enlarges, or otherwise determines the subject matter
jurisdiction of any Federal, State, or Tribal court.
(2) Consent to jurisdiction.--The United States
consents to jurisdiction in a proper forum for purposes
of enforcing the provisions of the Agreement.
(3) Effect of subsection.--Nothing in this
subsection confers jurisdiction on any State court to--
(A) enforce Federal environmental laws
regarding the duties of the United States; or
(B) conduct judicial review of Federal
agency action.
DIVISION K--SMALL BUSINESS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Small
Business Reauthorization and Manufacturing Assistance Act of
2004''.
(b) Table of Contents.--The table of contents for this
division is as follows:
TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Sec. 1. Short title; table of contents.
Subtitle A--Small manufacturers assistance
Sec. 101. Express loans.
Sec. 102. Loan guarantee fees.
Sec. 103. Increase in guarantee amount and institution of associated
fee.
Sec. 104. Debenture size.
Sec. 105. Job requirements.
Sec. 106. Report regarding national database of small manufacturers.
Sec. 107. International trade.
Subtitle B--Authorizations
Chapter 1--Program authorization levels and additional reauthorizations
Sec. 121. Program authorization levels.
Sec. 122. Additional reauthorizations.
Chapter 2--Paul D. Coverdell drug-free workplace program authorizations
and sundry amendments
Sec. 123. Paul D. Coverdell drug-free workplace program authorization
provisions.
Sec. 124. Grant provisions.
Sec. 125. Drug-free communities coalitions as eligible intermediaries.
Sec. 126. Promotion of effective practices of eligible intermediaries.
Sec. 127. Report to Congress.
Subtitle C--Administration Management
Sec. 131. Lender examination and review fees.
Sec. 132. Gifts and co-sponsorship of events.
Subtitle D--Entrepreneurial development programs
Chapter 1--Office of entrepreneurial development
Sec. 141. Service Corps of Retired Executives.
Sec. 142. Small business development center program.
Chapter 2--Office of Veterans Business Development
Sec. 143. Advisory Committee on Veterans Business Affairs.
Sec. 144. Outreach grants for veterans.
Sec. 145. Authorization of appropriations.
Sec. 146. National Veterans Business Development Corporation.
Chapter 3--Manufacturing and entrepreneurial development
Sec. 147. Small Business Manufacturing Task Force.
Subtitle E--HUBZone Program
Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
Sec. 152. Expansion of qualified areas.
Sec. 153. Price evaluation preference.
Sec. 154. HUBZone Authorizations.
Sec. 155. Participation in federally funded projects.
Subtitle F--Small business lending companies
Sec. 161. Supervisory and enforcement authority for small business
lending companies.
Sec. 162. Definitions relating to small business lending companies.
TITLE II--MISCELLANEOUS AMENDMENTS
Sec. 201. Amendment to definition of equity capital with respect to
issuers of participating securities.
Sec. 202. Investment of excess funds.
Sec. 203. Surety bond amendments.
Sec. 204. Effective date for certain fees.
TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Subtitle A--Small Manufacturers Assistance
SEC. 101. EXPRESS LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
``(31) Express loans.--
``(A) Definitions.--As used in this
paragraph:
``(i) The term `express lender'
means any lender authorized by the
Administration to participate in the
Express Loan Program.
``(ii) The term `express loan'
means any loan made pursuant to this
paragraph in which a lender utilizes to
the maximum extent practicable its own
loan analyses, procedures, and
documentation.
``(iii) The term `Express Loan
Program' means the program for express
loans established by the Administration
under paragraph (25)(B), as in
existence on April 5, 2004, with a
guaranty rate of not more than 50
percent.
``(B) Restriction to express lender.--The
authority to make an express loan shall be
limited to those lenders deemed qualified to
make such loans by the Administration.
Designation as an express lender for purposes
of making an express loan shall not prohibit
such lender from taking any other action
authorized by the Administration for that
lender pursuant to this subsection.
``(C) Grandfathering of existing lenders.--
Any express lender shall retain such
designation unless the Administration
determines that the express lender has violated
the law or regulations promulgated by the
Administration or modifies the requirements to
be an express lender and the lender no longer
satisfies those requirements.
``(D) Maximum loan amount.--The maximum
loan amount under the Express Loan Program is
$350,000.
``(E) Option to participate.--Except as
otherwise provided in this paragraph, the
Administration shall take no regulatory,
policy, or administrative action, without
regard to whether such action requires
notification pursuant to paragraph (24), that
has the effect of requiring a lender to make an
express loan pursuant to subparagraph (D).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 102. LOAN GUARANTEE FEES.
(a) Additional Guarantee Fee Level.--Section 7(a)(18)(A) of
the Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended to
read as follows:
``(A) In general.--With respect to each
loan guaranteed under this subsection (other
than a loan that is repayable in 1 year or
less), the Administration shall collect a
guarantee fee, which shall be payable by the
participating lender, and may be charged to the
borrower, as follows:
``(i) A guarantee fee not to exceed
2 percent of the deferred participation
share of a total loan amount that is
not more than $150,000.
``(ii) A guarantee fee not to
exceed 3 percent of the deferred
participation share of a total loan
amount that is more than $150,000, but
not more than $700,000.
``(iii) A guarantee fee not to
exceed 3.5 percent of the deferred
participation share of a total loan
amount that is more than $700,000.
``(iv) In addition to the fee under
clause (iii), a guarantee fee equal to
0.25 percent of any portion of the
deferred participation share that is
more than $1,000,000.''.
(b) Clerical Amendment.--Section 7(a)(18) of the Small
Business Act (15 U.S.C. 636(a)(18)) is amended by striking
subparagraph (C).
(c) Yearly Fee.--Section 7(a)(23) of the Small Business Act
(15 U.S.C. 636(a)(23)) is amended--
(1) in the heading, by striking ``Annual'' and
inserting ``Yearly'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--With respect to each
loan approved under this subsection, the
Administration shall assess, collect, and
retain a fee, not to exceed 0.55 percent per
year of the outstanding balance of the deferred
participation share of the loan, in an amount
established once annually by the Administration
in the Administration's annual budget request
to Congress, as necessary to reduce to zero the
cost to the Administration of making guarantees
under this subsection. As used in this
paragraph, the term `cost' has the meaning
given that term in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a).'';
(3) in subparagraph (B), by striking ``annual'' and
inserting ``yearly''; and
(4) by adding at the end the following:
``(C) Lowering of borrower fees.--If the
Administration determines that fees paid by
lenders and by small business borrowers for
guarantees under this subsection may be
reduced, consistent with reducing to zero the
cost to the Administration of making such
guarantees--
``(i) the Administration shall
first consider reducing fees paid by
small business borrowers under clauses
(i) through (iii) of paragraph (18)(A),
to the maximum extent possible; and
``(ii) fees paid by small business
borrowers shall not be increased above
the levels in effect on the date of
enactment of this subparagraph.''.
SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED
FEE.
(a) Increase in Amount Permitted To Be Outstanding and
Committed.--Section 7(a)(3)(A) of the Small Business Act (15
U.S.C. 636(a)(3)(A)) is amended by striking ``$1,000,000'' and
inserting ``$1,500,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 104. DEBENTURE SIZE.
Section 502(2) of the Small Business Investment Act of 1958
(15 U.S.C. 696(2)) is amended to read as follows:
``(2) Maximum amount.--
``(A) In general.--Loans made by the
Administration under this section shall be
limited to--
``(i) $1,500,000 for each small
business concern if the loan proceeds
will not be directed toward a goal or
project described in subparagraph (B)
or (C);
``(ii) $2,000,000 for each small
business concern if the loan proceeds
will be directed toward 1 or more of
the public policy goals described under
section 501(d)(3); and
``(iii) $4,000,000 for each project
of a small manufacturer.
``(B) Definition.--As used in this
paragraph, the term `small manufacturer' means
a small business concern--
``(i) the primary business of which
is classified in sector 31, 32, or 33
of the North American Industrial
Classification System; and
``(ii) all of the production
facilities of which are located in the
United States.''.
SEC. 105. JOB REQUIREMENTS.
Section 501 of the Small Business Investment Act of 1958
(15 U.S.C. 695) is amended by adding at the end the following:
``(e)(1) A project meets the objective set forth in
subsection (d)(1) if the project creates or retains one job for
every $50,000 guaranteed by the Administration, except that the
amount is $100,000 in the case of a project of a small
manufacturer.
``(2) Paragraph (1) does not apply to a project for which
eligibility is based on the objectives set forth in paragraph
(2) or (3) of subsection (d), if the development company's
portfolio of outstanding debentures creates or retains one job
for every $50,000 guaranteed by the Administration.
``(3) For projects in Alaska, Hawaii, State-designated
enterprise zones, empowerment zones and enterprise communities,
labor surplus areas, as determined by the Secretary of Labor,
and for other areas designated by the Administrator, the
development company's portfolio may average not more than
$75,000 per job created or retained.
``(4) Loans for projects of small manufacturers shall be
excluded from calculations under paragraph (2) or (3).
``(5) Under regulations prescribed by the Administrator,
the Administrator may waive, on a case-by-case basis or by
regulation, any requirement of this subsection (other than
paragraph (4)). With respect to any waiver the Administrator is
prohibited from adopting a dollar amount that is lower than the
amounts set forth in paragraphs (1), (2), and (3).
``(6) As used in this subsection, the term `small
manufacturer' means a small business concern--
``(A) the primary business of which is classified
in sector 31, 32, or 33 of the North American
Industrial Classification System; and
``(B) all of the production facilities of which are
located in the United States.''.
SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS.
(a) Study and Report.--The Administrator, in consultation
with the Association of Small Business Development Centers
authorized by section 21(k) of the Small Business Act (15
U.S.C. 648(k)), shall--
(1) study the feasibility of creating a national
database of small manufacturers that institutions of
higher education could access for purposes of meeting
procurement needs; and
(2) not later than 1 year after the date of
enactment of this Act, submit a report to the Congress
regarding the findings and conclusions of such study.
(b) Cost Estimate.--The report referred to in subsection
(a)(2) shall include an estimate of the cost of creating and
maintaining the database described in subsection (a)(1).
(c) Definition.--As used in this section, the term ``small
manufacturer'' means a small business concern--
(1) the primary business of which is classified in
sector 31, 32, or 33 of the North American Industrial
Classification System; and
(2) all of the production facilities of which are
located in the United States.
SEC. 107. INTERNATIONAL TRADE.
(a) In General.--Section 7(a)(16) of the Small Business Act
(15 U.S.C. 636(a)(16)) is amended to read as follows:
``(16) International trade.--
``(A) In general.--If the Administrator
determines that a loan guaranteed under this
subsection will allow an eligible small
business concern that is engaged in or
adversely affected by international trade to
improve its competitive position, the
Administrator may make such loan to assist such
concern in--
``(i) the financing of the
acquisition, construction, renovation,
modernization, improvement, or
expansion of productive facilities or
equipment to be used in the United
States in the production of goods and
services involved in international
trade; or
``(ii) the refinancing of existing
indebtedness that is not structured
with reasonable terms and conditions.
``(B) Security.--Each loan made under this
paragraph shall be secured by a first lien
position or first mortgage on the property or
equipment financed by the loan or on other
assets of the small business concern.
``(C) Engaged in international trade.--For
purposes of this paragraph, a small business
concern is engaged in international trade if,
as determined by the Administrator, the small
business concern is in a position to expand
existing export markets or develop new export
markets.
``(D) Adversely affected by international
trade.--For purposes of this paragraph, a small
business concern is adversely affected by
international trade if, as determined by the
Administrator, the small business concern--
``(i) is confronting increased
competition with foreign firms in the
relevant market; and
``(ii) is injured by such
competition.
``(E) Findings by certain federal
agencies.--For purposes of subparagraph (D)(ii)
the Administrator shall accept any finding of
injury by the International Trade Commission or
any finding of injury by the Secretary of
Commerce pursuant to chapter 3 of title II of
the Trade Act of 1974.''.
(b) Limitation Increase.--Section 7(a)(3)(B) of the Small
Business Act (15 U.S.C. 636(a)(3)(B)) is amended--
(1) by striking ``$1,250,000'' and inserting
``$1,750,000''; and
(2) by striking ``$750,000'' and inserting
``$1,250,000''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
Subtitle B--Authorizations
CHAPTER 1--PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS
SEC. 121. PROGRAM AUTHORIZATION LEVELS.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended--
(1) in subsection (a)(1), by striking
``certification'' each place it appears in
subparagraphs (D) and (E) and inserting
``accreditation''; and
(2) by striking subsections (c) through (i) and
inserting the following:
``(c) Disaster Mitigation Pilot Program.--The following
program levels are authorized for loans under section
7(b)(1)(C):
``(1) $15,000,000 for fiscal year 2005.
``(2) $15,000,000 for fiscal year 2006.
``(d) Fiscal Year 2005.--
``(1) Program levels.--The following program levels
are authorized for fiscal year 2005:
``(A) For the programs authorized by this
Act, the Administration is authorized to make--
``(i) $75,000,000 in technical
assistance grants, as provided in
section 7(m); and
``(ii) $105,000,000 in direct
loans, as provided in 7(m).
``(B) For the programs authorized by this
Act, the Administration is authorized to make
$23,050,000,000 in deferred participation loans
and other financings. Of such sum, the
Administration is authorized to make--
``(i) $16,500,000,000 in general
business loans, as provided in section
7(a);
``(ii) $6,000,000,000 in certified
development company financings, as
provided in section 7(a)(13) and as
provided in section 504 of the Small
Business Investment Act of 1958;
``(iii) $500,000,000 in loans, as
provided in section 7(a)(21); and
``(iv) $50,000,000 in loans, as
provided in section 7(m).
``(C) For the programs authorized by title
III of the Small Business Investment Act of
1958, the Administration is authorized to
make--
``(i) $4,250,000,000 in purchases
of participating securities; and
``(ii) $3,250,000,000 in guarantees
of debentures.
``(D) For the programs authorized by part B
of title IV of the Small Business Investment
Act of 1958, the Administration is authorized
to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50
percent may be in bonds approved pursuant to
section 411(a)(3) of that Act.
``(E) The Administration is authorized to
make grants or enter into cooperative
agreements for a total amount of $7,000,000 for
the Service Corps of Retired Executives program
authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be
appropriated to the Administration for fiscal
year 2005 such sums as may be necessary to
carry out the provisions of this Act not
elsewhere provided for, including
administrative expenses and necessary loan
capital for disaster loans pursuant to section
7(b), and to carry out the Small Business
Investment Act of 1958, including salaries and
expenses of the Administration.
``(B) Notwithstanding any other provision
of this paragraph, for fiscal year 2005--
``(i) no funds are authorized to be
used as loan capital for the loan
program authorized by section 7(a)(21)
except by transfer from another Federal
department or agency to the
Administration, unless the program
level authorized for general business
loans under paragraph (1)(B)(i) is
fully funded; and
``(ii) the Administration may not
approve loans on its own behalf or on
behalf of any other Federal department
or agency, by contract or otherwise,
under terms and conditions other than
those specifically authorized under
this Act or the Small Business
Investment Act of 1958, except that it
may approve loans under section
7(a)(21) of this Act in gross amounts
of not more than $2,000,000.
``(e) Fiscal Year 2006.--
``(1) Program levels.--The following program levels
are authorized for fiscal year 2006:
``(A) For the programs authorized by this
Act, the Administration is authorized to make--
``(i) $80,000,000 in technical
assistance grants, as provided in
section 7(m); and
``(ii) $110,000,000 in direct
loans, as provided in 7(m).
``(B) For the programs authorized by this
Act, the Administration is authorized to make
$25,050,000,000 in deferred participation loans
and other financings. Of such sum, the
Administration is authorized to make--
``(i) $17,000,000,000 in general
business loans, as provided in section
7(a);
``(ii) $7,500,000,000 in certified
development company financings, as
provided in section 7(a)(13) and as
provided in section 504 of the Small
Business Investment Act of 1958;
``(iii) $500,000,000 in loans, as
provided in section 7(a)(21); and
``(iv) $50,000,000 in loans, as
provided in section 7(m).
``(C) For the programs authorized by title
III of the Small Business Investment Act of
1958, the Administration is authorized to
make--
``(i) $4,500,000,000 in purchases
of participating securities; and
``(ii) $3,500,000,000 in guarantees
of debentures.
``(D) For the programs authorized by part B
of title IV of the Small Business Investment
Act of 1958, the Administration is authorized
to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50
percent may be in bonds approved pursuant to
section 411(a)(3) of that Act.
``(E) The Administration is authorized to
make grants or enter into cooperative
agreements for a total amount of $7,000,000 for
the Service Corps of Retired Executives program
authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be
appropriated to the Administration for fiscal
year 2006 such sums as may be necessary to
carry out the provisions of this Act not
elsewhere provided for, including
administrative expenses and necessary loan
capital for disaster loans pursuant to section
7(b), and to carry out the Small Business
Investment Act of 1958, including salaries and
expenses of the Administration.
``(B) Notwithstanding any other provision
of this paragraph, for fiscal year 2006--
``(i) no funds are authorized to be
used as loan capital for the loan
program authorized by section 7(a)(21)
except by transfer from another Federal
department or agency to the
Administration, unless the program
level authorized for general business
loans under paragraph (1)(B)(i) is
fully funded; and
``(ii) the Administration may not
approve loans on its own behalf or on
behalf of any other Federal department
or agency, by contract or otherwise,
under terms and conditions other than
those specifically authorized under
this Act or the Small Business
Investment Act of 1958, except that it
may approve loans under section
7(a)(21) of this Act in gross amounts
of not more than $2,000,000.''.
SEC. 122. ADDITIONAL REAUTHORIZATIONS.
(a) Drug-Free Workplace Program Assistance.--Section
21(c)(3)(T) of the Small Business Act (15 U.S.C. 648(c)(3)(T))
is amended by striking ``October 1, 2003'' and inserting
``October 1, 2006''.
(b) Small Business Development Centers.--Section
21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C))
is amended--
(1) by striking clause (vii) and inserting the
following:
``(vii) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subparagraph--
``(I) $130,000,000 for fiscal year
2005; and
``(II) $135,000,000 for fiscal year
2006.'';
(2) by redesignating clause (viii) as clause (ix);
and
(3) by inserting after clause (vii) the following:
``(viii) Limitation.--From the funds
appropriated pursuant to clause (vii), the
Administration shall reserve not less than
$1,000,000 in each fiscal year to develop
portable assistance for startup and
sustainability non-matching grant programs to
be conducted by eligible small business
development centers in communities that are
economically challenged as a result of a
business or government facility downsizing or
closing, which has resulted in the loss of jobs
or small business instability. A non-matching
grant under this clause shall not exceed
$100,000, and shall be used for small business
development center personnel expenses and
related small business programs and
services.''.
CHAPTER 2--PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS
AND SUNDRY AMENDMENTS
SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATION
PROVISIONS.
(a) In General.--Section 27(g)(1) of the Small Business Act
(15 U.S.C. 654(g)(1)) is amended by striking ``, $5,000,000''
in the first sentence and all that follows through
``subsection'' in the second sentence and inserting the
following: ``(other than subsection (b)(2)), $5,000,000 for
each of fiscal years 2005 and 2006. Amounts made available
under this paragraph''.
(b) Limitation on Authorization for Small Business
Development Centers.--Section 27(g)(2) of the Small Business
Act (15 U.S.C. 654(g)) is amended by striking ``this
subsection, not more than the greater of 10 percent or
$1,000,000'' and inserting ``paragraph (1) for each of fiscal
years 2005 and 2006, not more than the greater of 10 percent or
$500,000''.
(c) Additional Authorization for Technical Assistance
Grants.--Section 27(g) of the Small Business Act (15 U.S.C.
654(g)) is amended by adding at the end the following:
``(3) Additional authorization for technical
assistance grants.--There are authorized to be
appropriated to carry out subsection (b)(2), $1,500,000
for each of fiscal years 2005 and 2006. Amounts made
available under this paragraph shall remain available
until expended.''.
(d) Limitation on Administrative Costs.--Section 27(g) of
the Small Business Act (15 U.S.C. 654(g)), as amended by
subsection (c), is further amended by adding at the end the
following:
``(4) Limitation on administrative costs.--Not more
than 5 percent of the total amount made available under
this subsection for any fiscal year shall be used for
administrative costs (determined without regard to the
administrative costs of eligible intermediaries).''.
SEC. 124. GRANT PROVISIONS.
(a) Additional Grants for Technical Assistance.--Section
27(b) of the Small Business Act (15 U.S.C. 654) is amended--
(1) by striking ``There is established'' and
inserting the following:
``(1) In general.--There is established''; and
(2) by adding at the end the following new
paragraph:
``(2) Additional grants for technical assistance.--
In addition to grants under paragraph (1), the
Administrator may make grants to, or enter into
cooperative agreements or contracts with, any grantee
for the purpose of providing, in cooperation with one
or more small business development centers, technical
assistance to small business concerns seeking to
establish a drug-free workplace program.''.
(b) 2-Year Grants.--Section 27(b) of the Small Business Act
(15 U.S.C. 654(b)), as amended by subsection (a), is further
amended by adding at the end the following:
``(3) 2-year grants.--Each grant made under this
subsection shall be for a period of 2 years, subject to
an annual performance review by the Administrator.''.
SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES.
Section 27(a)(2)(D) of the Small Business Act (15 U.S.C.
654(a)(2)) is amended to read as follows:
``(D)(i) the purpose of which is--
``(I) to develop
comprehensive drug-free
workplace programs or to supply
drug-free workplace services;
or
``(II) to provide other
forms of assistance and
services to small business
concerns; or
``(ii) that is eligible to receive
a grant under chapter 2 of the National
Narcotics Leadership Act of 1988 (21
U.S.C. 1521 et seq.).''.
SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.
Section 27(c) of the Small Business Act (15 U.S.C. 654(c))
is amended to read as follows:
``(c) Promotion of Effective Practices of Eligible
Intermediaries.--
``(1) Technical assistance and information.--The
Administrator, after consultation with the Director of
the Center for Substance Abuse and Prevention, shall
provide technical assistance and information to each
eligible intermediary under subsection (b) regarding
the most effective practices in establishing and
carrying out drug-free workplace programs.
``(2) Evaluation of program.--
``(A) Data collection and analysis.--Each
eligible intermediary receiving a grant under
this section shall establish a system to
collect and analyze information regarding the
effectiveness of drug-free workplace programs
established with assistance provided under this
section through the intermediary, including
information regarding any increase or decrease
among employees in drug use, awareness of the
adverse consequences of drug use, and
absenteeism, injury, and disciplinary problems
related to drug use. Such system shall conform
to such requirements as the Administrator,
after consultation with the Director of the
Center for Substance Abuse and Prevention, may
prescribe. Not more than 5 percent of the
amount of each grant made under subsection (b)
shall be used by the eligible intermediary to
carry out this paragraph.
``(B) Method of evaluation.--The
Administrator, after consultation with the
Director of the Center for Substance Abuse and
Prevention, shall provide technical assistance
and guidance to each eligible intermediary
receiving a grant under subsection (b)
regarding the collection and analysis of
information to evaluate the effectiveness of
drug-free workplace programs established with
assistance provided under this section,
including the information referred to in
paragraph (1). Such assistance shall include
the identification of additional information
suitable for measuring the benefits of drug-
free workplace programs to the small business
concern and to the concern's employees and the
identification of methods suitable for
analyzing such information.''.
SEC. 127. REPORT TO CONGRESS.
Not later than March 31, 2006, the Administrator, in
consultation with the Secretary of Labor, the Secretary of
Health and Human Services, and the Director of National Drug
Control Policy, shall submit to Congress a report that--
(1) analyzes the information collected under
section 27(c) of the Small Business Act;
(2) identifies trends in such information; and
(3) evaluates the effectiveness of the drug-free
workplace programs established with assistance under
section 27 of the Small Business Act (15 U.S.C. 654).
Subtitle C--Administration Management
SEC. 131. LENDER EXAMINATION AND REVIEW FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b))
is amended--
(1) in paragraph (12), by striking ``and'' at the
end;
(2) in paragraph (13), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(14) require any lender authorized to make loans
under section 7 of this Act to pay examination and
review fees, which shall be deposited in the account
for salaries and expenses of the Administration, and
shall be available for the costs of examinations,
reviews, and other lender oversight activities.''.
SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.
(a) In General.--Section 4 of the Small Business Act (15
U.S.C. 633) is amended by adding at the end the following:
``(g) Gifts.--
``(1) In general.--The Administrator may, for
purposes of this Act, the Small Business Investment Act
of 1954, and title IV of the Women's Business Ownership
Act of 1988, solicit, accept, hold, administer,
utilize, and dispose of gifts, devises, and bequests of
cash, property (including tangible, intangible, real,
and personal), subsistence, and services.
Notwithstanding any other provision of law, the
Administrator may utilize gifts, devises, or bequests
for marketing and outreach activities, including the
cost of promotional materials and wearing apparel.
``(2) Audits.--Any gift, devise, or bequest of cash
accepted by the Administrator shall be held in a
separate account and shall be subject to semi-annual
audits by the Inspector General of the Administration
who shall report his findings to the Congress.
``(3) Conflicts of interest.--No gift, devise, or
bequest shall be solicited or accepted under the
authority of this subsection if such solicitation or
acceptance would, in the determination of the General
Counsel, create a conflict of interest.
``(4) Acceptance of services and facilities for
disaster loan program.--The Administrator may accept
the services and facilities of Federal, State, and
local agencies and groups, both public and private, and
utilize such gratuitous services and facilities as may,
from time to time, be necessary, to further the
objectives of section 7(b).
``(h) Co-Sponsorship of Events.--
``(1) Authorization.--The Administrator, after
consultation with the General Counsel, may provide
assistance for the benefit of small business through
Administration-sponsored activities, through
cosponsored activities with any eligible entity, or
through such other activities that the Administrator
determines to be appropriate, including recognition
events.
``(2) Eligible entity.--For purposes of this
subsection, the term `eligible entity' means any for-
profit or not-for-profit entity, any Federal, State, or
local government official, or any Federal, State, or
local government entity.
``(3) Prohibition on endorsements.--The
Administrator shall ensure that the Administration and
any eligible entities that cosponsor activities receive
appropriate recognition for such cosponsorship, and
that such recognition does not constitute or imply an
endorsement by the Administration of any product or
service of such entity.
``(4) Authority to charge fees.--Notwithstanding
any other provision of law, the Administrator may
charge a participant in any activity sponsored or
cosponsored by the Administration a minimal fee, and
retain and use such fee to cover the costs of such
activity.
``(5) Limited delegation.--The Administrator may
not delegate the authority described in this subsection
except to the Deputy Administrator, an Associate
Administrator, or an Assistant Administrator.
``(6) Report to congress.--The Inspector General of
the Administration shall report semi-annually to
Congress on the Administrator's use of authority under
this subsection.
``(7) Rulemaking.--Not later than 180 days after
the date of enactment of this subsection, the
Administrator shall promulgate regulations to carry out
the provisions of this subsection.''.
(b) Conforming Amendments.--Section 8(b)(1)(A) of the Small
Business Act (15 U.S.C. 637(b)(1)(A)) is amended--
(1) by striking clause (ii);
(2) by striking ``(1)(A) to provide--'' and all
that follows through ``business concerns--'' and
inserting the following:
``(1)(A) to provide technical, managerial, and
informational aids to small business concerns--'';
(3) by redesignating subclauses (I) through (IV) as
clauses (i) through (iv), respectively;
(4) by redesignating items (aa) and (bb) of clause
(ii), as so redesignated by paragraph (3), as
subclauses (I) and (II), respectively; and
(5) by striking ``; and'' at the end of clause
(iv), as so redesignated by paragraph (3), and
inserting a period.
(c) Sunset Provision.--The amendments made by this section
are repealed on October 1, 2006.
Subtitle D--Entrepreneurial Development Programs
CHAPTER 1--OFFICE OF ENTREPRENEURIAL DEVELOPMENT
SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.
(a) In General.--Section 8(b)(1)(B) of the Small Business
Act (15 U.S.C. 637(b)(1)(B)) is amended--
(1) by striking ``this Act; and to'', and inserting
``this Act. To'';
(2) by striking ``may maintain at its
headquarters'' and all that follows through ``That
any'' and inserting ``shall maintain at its
headquarters and pay the salaries, benefits, and
expenses of a volunteer and professional staff to
manage and oversee the program. Any''; and
(3) by striking the period at the end and inserting
``and the management of the contributions received.''.
(b) Regulations.--The Administration shall, not later than
180 days after the date of enactment of this Act, promulgate
regulations to carry out the amendments made by subsection (a).
SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Privacy Requirements.--Section 21(a) of the Small
Business Act (15 U.S.C. 648(a)) is amended by adding at the end
the following:
``(7) Privacy requirements.--
``(A) In general.--A small business
development center, consortium of small
business development centers, or contractor or
agent of a small business development center
may not disclose the name, address, or
telephone number of any individual or small
business concern receiving assistance under
this section without the consent of such
individual or small business concern, unless--
``(i) the Administrator is ordered
to make such a disclosure by a court in
any civil or criminal enforcement
action initiated by a Federal or State
agency; or
``(ii) the Administrator considers
such a disclosure to be necessary for
the purpose of conducting a financial
audit of a small business development
center, but a disclosure under this
clause shall be limited to the
information necessary for such audit.
``(B) Administrator use of information.--
This section shall not--
``(i) restrict Administrator access
to program activity data; or
``(ii) prevent the Administrator
from using client information to
conduct client surveys.
``(C) Regulations.--
``(i) In general.--The
Administrator shall issue regulations
to establish standards--
``(I) for disclosures with
respect to financial audits
under subparagraph (A)(ii); and
``(II) for client surveys
under subparagraph (B)(ii),
including standards for
oversight of such surveys and
for dissemination and use of
client information.
``(ii) Maximum privacy
protection.--Regulations under this
subparagraph, shall, to the extent
practicable, provide for the maximum
amount of privacy protection.
``(iii) Inspector general.--Until
the effective date of regulations under
this subparagraph, any client survey
and the use of such information shall
be approved by the Inspector General
who shall include such approval in his
semi-annual report.''.
(b) Term Change.--Section 21(k) of the Small Business Act
(15 U.S.C. 648(k)) is amended--
(1) by striking ``Certification'' each place it
appears and inserting ``Accreditation''; and
(2) by striking ``certification'' each place it
appears and inserting ``accreditation''.
CHAPTER 2--OFFICE OF VETERANS BUSINESS DEVELOPMENT
SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.
(a) Retention of Duties.--Section 33(h) of the Small
Business Act (15 U.S.C. 657c(h)) is amended by striking
``October 1, 2004'' and inserting ``October 1, 2006''.
(b) Extension of Authority.--Section 203(h) of the Veterans
Entrepreneurship and Small Business Development Act of 1999 (15
U.S.C. 657b note) is amended by striking ``September 30, 2004''
and inserting ``September 30, 2006''.
SEC. 144. OUTREACH GRANTS FOR VETERANS.
Section 8(b)(17) of the Small Business Act (15 U.S.C.
637(b)(17)) is amended by inserting before the period at the
end the following: ``, veterans, and members of a reserve
component of the Armed Forces''.
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $1,500,000 for fiscal year 2005; and
``(2) $2,000,000 for fiscal year 2006.''.
SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.
Section 33(a) of the Small Business Act (15 U.S.C. 657c(a))
is amended by adding at the end the following:
``Notwithstanding any other provision of law, the Corporation
is a private entity and is not an agency, instrumentality,
authority, entity, or establishment of the United States
Government.''.
CHAPTER 3--MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT
SEC. 147. SMALL BUSINESS MANUFACTURING TASK FORCE.
(a) Establishment.--The Administrator of the Small Business
Administration (referred to in this subtitle as the
``Administrator'') shall establish a Small Business
Manufacturing Task Force (referred to in this section as the
``Task Force'') to address the concerns of small manufacturers.
(b) Chair.--The Administrator shall assign a member of the
Task Force to serve as chair of the Task Force.
(c) Duties.--The Task Force shall--
(1) evaluate and identify whether programs and
services are sufficient to serve the needs of small
manufacturers;
(2) actively promote the programs and services of
the Small Business Administration that serve small
manufacturers; and
(3) identify and study the unique conditions facing
small manufacturers and develop and propose policy
initiatives to support and assist small manufacturers.
(d) Meetings.--
(1) Frequency.--The Task Force shall meet not less
than 4 times per year, and more frequently if necessary
to perform its duties.
(2) Quorum.--A majority of the members of the Task
Force shall constitute a quorum to approve
recommendations or reports.
(e) Personnel Matters.--
(1) Compensation of members.--Each member of the
Task Force shall serve without compensation in addition
to that received for services rendered as an officer or
employee of the United States.
(2) Detail of sba employees.--Any employee of the
Small Business Administration may be detailed to the
Task Force without reimbursement, and such detail shall
be without interruption or loss of civil service status
or privilege.
(f) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Task Force
shall submit a report containing the findings and
recommendations of the task force to--
(1) the President;
(2) the Committee on Small Business and
Entrepreneurship of the Senate; and
(3) the Committee on Small Business of the House of
Representatives.
Subtitle E--HUBZone Program
SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY
REQUIREMENTS.
(a) In General.--Section 3(p) of the Small Business Act (15
U.S.C. 632(p)) is amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as
follows:
``(A) a small business concern that is at
least 51 percent owned and controlled by United
States citizens;''
(B) in subparagraph (C), by striking ``or''
at the end;
(C) in subparagraph (D)(ii), by striking
the period at the end and inserting ``; or'';
and
(D) by adding at the end the following:
``(E) a small business concern that is--
``(i) a small agricultural
cooperative organized or incorporated
in the United States;
``(ii) wholly owned by 1 or more
small agricultural cooperatives
organized or incorporated in the United
States; or
``(iii) owned in part by 1 or more
small agricultural cooperatives
organized or incorporated in the United
States, if all owners are small
business concerns or United States
citizens.''; and
(2) in paragraph (5)(A)(i)(I)(aa), by striking ``or
(D)'' and inserting ``(C), (D), or (E)''.
(b) Conforming Amendment.--Section 3(j) of the Small
Business Act (15 U.S.C. 632(j)) is amended by striking ``of
section 7(b)(2)''.
SEC. 152. EXPANSION OF QUALIFIED AREAS.
(a) Treatment of Certain Areas as HUBZones.--
(1) Base closure areas.--Section 3(p)(1) of the
Small Business Act (15 U.S.C. 632(p)(1)) is amended--
(A) in subparagraph (C), by striking ``or''
at the end;
(B) in subparagraph (D), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) base closure areas.''
(2) HUBZone status time line and commencement.--A
base closure area that has undergone final closure
shall be treated as a HUBZone for purposes of the Small
Business Act for a period of 5 years.
(3) Definition.--Section 3(p)(4) of the Small
Business Act (15 U.S.C. 632(p)(4)) is amended by adding
at the end the following:
``(D) Base closure area.--The term `base
closure area' means lands within the external
boundaries of a military installation that were
closed through a privatization process under
the authority of--
``(i) the Defense Base Closure and
Realignment Act of 1990 (part A of
title XXIX of Division B of Public Law
101-510; 10 U.S.C. 2687 note);
``(ii) title II of the Defense
Authorization Amendments and Base
Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note);
``(iii) section 2687 of title 10,
United States Code; or
``(iv) any other provision of law
authorizing or directing the Secretary
of Defense or the Secretary of a
military department to dispose of real
property at the military installation
for purposes relating to base closures
of redevelopment, while retaining the
authority to enter into a leaseback of
all or a portion of the property for
military use.''
(b) Qualified Nonmetropolitan County.--Section
3(p)(4)(B)(ii)(II) of the Small Business Act (15 U.S.C.
632(p)(4)(B)(ii)(II)) is amended to read as follows:
``(II) the unemployment
rate is not less than 140
percent of the average
unemployment rate for the
United States or for the State
in which such county is
located, whichever is less,
based on the most recent data
available from the Secretary of
Labor.''
(c) Temporary Qualified Areas Extension and Qualified Areas
Study.--
(1) Redesignated area.--Section 3(p)(4)(C) of the
Small Business Act (15 U.S.C. 632(p)(4)(C)) is amended
by striking ``only for the 3-year period following''
and inserting the following:
`` only until the later of--
``(i) the date on which the Census
Bureau publicly releases the first
results from the 2010 decennial census;
or
``(ii) 3 years after''
(2) Study and report.--
(A) Study.--The Independent Office of
Advocacy of the Small Business Administration
shall conduct a study of the HUBZone program to
measure the effectiveness of the definitions
under section 3(p)(4) of the Small Business Act
(15 U.S.C. 632(p)(4)) relating to HUBZone
qualified areas for the purposes of economic
impact on small business development and jobs
creation.
(B) Report.--Not later than May 1, 2008,
the Independent Office of Advocacy shall submit
a report to the Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives that contains--
(i) the results of the study
conducted under paragraph (1); and
(ii) any proposed changes to the
existing definitions under section
3(p)(4) of the Small Business Act (15
U.S.C. 632(p)(4)) relating to HUBZone
qualified areas.
SEC. 153. PRICE EVALUATION PREFERENCE.
Section 31(b)(3) of the Small Business Act (15 U.S.C.
657a(b)(3)) is amended--
(1) by redesignating subparagraph (C) as
subparagraph (D); and
(2) by adding at the end the following:
``(C) Procurement of commodities for
international food aid export operations.--The
price evaluation preference for purchases of
agricultural commodities by the Secretary of
Agriculture for export operations through
international food aid programs administered by
the Farm Service Agency shall be 5 percent on
the first portion of a contract to be awarded
that is not greater than 20 percent of the
total volume of each commodity being procured
in a single invitation.''
SEC. 154. HUBZONE AUTHORIZATIONS.
Section 31(d) of the Small Business Act (15 U.S.C. 657a(d))
is amended by striking ``2001 through 2003'' and inserting
``2004 through 2006''.
SEC. 155. PARTICIPATION IN FEDERALLY FUNDED PROJECTS.
Any small business concern that is certified, or otherwise
meets the criteria for participation in any program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)),
shall not be required by any State, or political subdivision
thereof, to meet additional criteria or certification,
unrelated to the capability to provide the requested products
or services, in order to participate as a small disadvantaged
business in any program or project that is funded, in whole or
in part, by the Federal Government.
Subtitle F--Small Business Lending Companies
SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
LENDING COMPANIES.
Section 23 of the Small Business Act (15 U.S.C. 650) is
amended to read as follows:
``SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
LENDING COMPANIES.
``(a) In General.--The Administrator is authorized--
``(1) to supervise the safety and soundness of
small business lending companies and non-Federally
regulated lenders;
``(2) with respect to small business lending
companies to set capital standards to regulate, to
examine, and to enforce laws governing such companies,
in accordance with the purposes of this Act; and
``(3) with respect to non-Federally regulated
lenders to regulate, to examine, and to enforce laws
governing the lending activities of such lenders under
section 7(a) in accordance with the purposes of this
Act.
``(b) Capital Directive.--
``(1) In general.--If the Administrator determines
that a small business lending company is being operated
in an imprudent manner, the Administrator may, in
addition to any other action authorized by law, issue a
directive to such company to increase capital to such
level as the Administrator determines will result in
the safe and sound operation of such company.
``(2) Delegation.--The Administrator may not
delegate the authority granted under paragraph (1)
except to an Associate Deputy Administrator.
``(3) Regulations.--The Administrator shall issue
regulations outlining the conditions under which the
Administrator may determine the level of capital
pursuant to paragraph (1).
``(c) Civil Action.--If a small business lending company
violates this Act, the Administrator may institute a civil
action in an appropriate district court to terminate the
rights, privileges, and franchises of the company under this
Act.
``(d) Revocation or Suspension of Loan Authority.--
``(1) The Administrator may revoke or suspend the
authority of a small business lending company or a non-
Federally regulated lender to make, service or
liquidate business loans authorized by section 7(a) of
this Act--
``(A) for false statements knowingly made
in any written submission required under this
Act;
``(B) for omission of a material fact from
any written submission required under this Act;
``(C) for willful or repeated violation of
this Act;
``(D) for willful or repeated violation of
any condition imposed by the Administrator with
respect to any application, request, or
agreement under this Act; or
``(E) for violation of any cease and desist
order of the Administrator under this section.
``(2) The Administrator may revoke or suspend
authority under paragraph (1) only after a hearing
under subsection (f). The Administrator may delegate
power to revoke or suspend authority under paragraph
(1) only to the Deputy Administrator and only if the
Administrator is unavailable to take such action.
``(A) The Administrator, after finding
extraordinary circumstances and in order to
protect the financial or legal position of the
United States, may issue a suspension order
without conducting a hearing pursuant to
subsection (f). If the Administrator issues a
suspension under the preceding sentence, the
Administrator shall within two business days
follow the procedures set forth in subsection
(f).
``(B) Any suspension under paragraph (1)
shall remain in effect until the Administrator
makes a decision pursuant to subparagraph (4)
to permanently revoke the authority of the
small business lending company or non-Federally
regulated lender, suspend the authority for a
time certain, or terminate the suspension.
``(3) The small business lending company or non-
Federally regulated lender must notify borrowers of a
revocation and that a new entity has been appointed to
service their loans. The Administrator or an employee
of the Administration designated by the Administrator
may provide such notice to the borrower.
``(4) Any revocation or suspension under paragraph
(1) shall be made by the Administrator except that the
Administrator shall delegate to an administrative law
judge as that term is used in section 3105 of title 5,
United States Code the authority to conduct any hearing
required under subsection (f). The Administrator shall
base the decision to revoke on the record of the
hearing.
``(e) Cease and Desist Order.--
``(1) Where a small business lending company, a
non-Federally regulated lender, or other person
violates this Act or is engaging or is about to engage
in any acts or practices which constitute or will
constitute a violation of this Act, the Administrator
may order, after the opportunity for hearing pursuant
to subsection (f), the company, lender, or other person
to cease and desist from such action or failure to act.
The Administrator may delegate the authority under the
preceding sentence only to the Deputy Administrator and
only if the Administrator is unavailable to take such
action.
``(2) The Administrator, after finding
extraordinary circumstances and in order to protect the
financial or legal position of the United States, may
issue a cease and desist order without conducting a
hearing pursuant to subsection (f). If the
Administrator issues a cease and desist order under the
preceding sentence, the Administrator shall within two
business days follow the procedures set forth in
subsection (f).
``(3) The Administrator may further order such
small business lending company or non-Federally
regulated lender or other person to take such action or
to refrain from such action as the Administrator deems
necessary to insure compliance with this Act.
``(4) A cease and desist order under this
subsection may also provide for the suspension of
authority to lend in subsection (d).
``(f) Procedure for Revocation or Suspension of Loan
Authority and for Cease and Desist Order.--
``(1) Before revoking or suspending authority under
subsection (d) or issuing a cease and desist order
under subsection (e), the Administrator shall serve an
order to show cause upon the small business lending
company, non-Federally regulated lender, or other
person why an order revoking or suspending the
authority or a cease and desist order should not be
issued. The order to show cause shall contain a
statement of the matters of fact and law asserted by
the Administrator and the legal authority and
jurisdiction under which a hearing is to be held, and
shall set forth that a hearing will be held before an
administrative law judge at a time and place stated in
the order. Such hearing shall be conducted pursuant to
the provisions of sections 554, 556, and 557 of title
5, United States Code. If after hearing, or a waiver
thereof, the Administrator determines that an order
revoking or suspending the authority or a cease and
desist order should be issued, the Administrator shall
promptly issue such order, which shall include a
statement of the findings of the Administrator and the
grounds and reasons therefor and specify the effective
date of the order, and shall cause the order to be
served on the small business lending company, non-
Federally regulated lender, or other person involved.
``(2) Witnesses summoned before the Administrator
shall be paid by the party at whose instance they were
called the same fees and mileage that are paid
witnesses in the courts of the United States.
``(3) A cease and desist order, suspension or
revocation issued by the Administrator, after the
hearing under this subsection is final agency action
for purposes of chapter 7 of title 5, United States
Code. An adversely aggrieved party shall have 20 days
from the date of issuance of the cease and desist
order, suspension or revocation, to seek judicial
review in an appropriate district court.
``(g) Removal or Suspension of Management Official.--
``(1) Definition.--In this section, the term
`management official' means, with respect to a small
business lending company or a non-Federally regulated
lender, an officer, director, general partner, manager,
employee, agent, or other participant in the management
of the affairs of the company's or lender's activities
under section 7(a) of this Act.
``(2) Removal of management official.--
``(A) Notice.--The Administrator may serve
upon any management official a written notice
of its intention to remove that management
official if, in the opinion of the
Administrator, the management official--
``(i) willfully and knowingly
commits a substantial violation of--
``(I) this Act;
``(II) any regulation
issued under this Act;
``(III) a final cease-and-
desist order under this Act; or
``(IV) any agreement by the
management official, the small
business lending company or
non-Federally regulated lender
under this Act; or
``(ii) willfully and knowingly
commits a substantial breach of a
fiduciary duty of that person as a
management official and the violation
or breach of fiduciary duty is one
involving personal dishonesty on the
part of such management official.
``(B) Contents of notice.--A notice under
subparagraph (A) shall contain a statement of
the facts constituting grounds therefor and
shall fix a time and place at which a hearing,
conducted pursuant to sections 554, 556, and
557 of title 5, United States Code, will be
held thereon.
``(C) Hearing.--
``(i) Timing.--A hearing under
subparagraph (B) shall be held not
earlier than 30 days and later than 60
days after the date of service of
notice of the hearing, unless an
earlier or a later date is set by the
Administrator at the request of--
``(I) the management
official, and for good cause
shown; or
``(II) the Attorney
General.
``(ii) Consent.--Unless the
management official appears at a
hearing under this paragraph in person
or by a duly authorized representative,
the management official shall be deemed
to have consented to the issuance of an
order of removal under subparagraph
(A).
``(D) Order of removal.--
``(i) In general.--In the event of
consent under subparagraph (C)(ii), or
if upon the record made at a hearing
under this subsection, the
Administrator finds that any of the
grounds specified in the notice of
removal has been established, the
Administrator may issue such orders of
removal from office as the
Administrator deems appropriate.
``(ii) Effectiveness.--An order
under clause (i) shall--
``(I) take effect 30 days
after the date of service upon
the subject small business
lending company or non-
Federally regulated lender and
the management official
concerned (except in the case
of an order issued upon consent
as described in subparagraph
(C)(ii), which shall become
effective at the time specified
in such order); and
``(II) remain effective and
enforceable, except to such
extent as it is stayed,
modified, terminated, or set
aside by action of the
Administrator or a reviewing
court in accordance with this
section.
``(3) Authority to suspend or prohibit
participation.--
``(A) In general.--In order to protect a
small business lending company, a non-Federally
regulated lender or the interests of the
Administration or the United States, the
Administrator may suspend from office or
prohibit from further participation in any
manner in the management or conduct of the
affairs of a small business lending company or
a non-Federally regulated lender a management
official by written notice to such effect
served upon the management official. Such
suspension or prohibition may prohibit the
management official from making, servicing,
reviewing, approving, or liquidating any loan
under section 7(a) of this Act.
``(B) Effectiveness.--A suspension or
prohibition under subparagraph (A)--
``(i) shall take effect upon
service of notice under paragraph (2);
and
``(ii) unless stayed by a court in
proceedings authorized by subparagraph
(C), shall remain in effect--
``(I) pending the
completion of the
administrative proceedings
pursuant to a notice of
intention to remove served
under paragraph (2); and
``(II) until such time as
the Administrator dismisses the
charges specified in the
notice, or, if an order of
removal or prohibition is
issued against the management
official, until the effective
date of any such order.
``(C) Judicial review of suspension prior
to hearing.--Not later than 10 days after a
management official is suspended or prohibited
from participation under subparagraph (A), the
management official may apply to an appropriate
district court for a stay of the suspension or
prohibition pending the completion of the
administrative proceedings pursuant to a notice
of intent to remove served upon the management
official under paragraph (2).
``(4) Authority to suspend on criminal charges.--
``(A) In general.--If a management official
is charged in any information, indictment, or
complaint authorized by a United States
attorney, with a felony involving dishonesty or
breach of trust, the Administrator may, by
written notice served upon the management
official, suspend the management official from
office or prohibit the management official from
further participation in any manner in the
management or conduct of the affairs of the
small business lending company or non-Federally
regulated lender.
``(B) Effectiveness.--A suspension or
prohibition under subparagraph (A) shall remain
in effect until the information, indictment, or
complaint is finally disposed of, or until
terminated by the Administrator or upon an
order of a district court.
``(C) Authority upon conviction.--If a
judgment of conviction with respect to an
offense described in subparagraph (A) is
entered against a management official, then at
such time as the judgment is not subject to
further judicial review (and for purposes of
this subparagraph shall not include any
petition for a writ of habeas corpus), the
Administrator may issue and serve upon the
management official an order removing the
management official, effective upon service of
a copy of the order upon the small business
lending company or non-Federally regulated
lender.
``(D) Authority upon dismissal or other
disposition.--A finding of not guilty or other
disposition of charges described in
subparagraph (A) shall not preclude the
Administrator from instituting proceedings
under subsection (e) or (f).
``(5) Notification to small business lending
company or a non-federally regulated lender.--Copies of
each notice required to be served on a management
official under this section shall also be served upon
the small business lending company or non-Federally
regulated lender involved.
``(6) Final agency action and judicial review.--
``(A) Issuance of orders.--After a hearing
under this subsection, and not later than 30
days after the Administrator notifies the
parties that the case has been submitted for
final decision, the Administrator shall render
a decision in the matter (which shall include
findings of fact upon which its decision is
predicated), and shall issue and cause to be
served upon each party to the proceeding an
order or orders consistent with this section.
The decision of the Administrator shall
constitute final agency action for purposes of
chapter 7 of title 5, United States Code.
``(B) Judicial review.--An adversely
aggrieved party shall have 20 days from the
date of issuance of the order to seek judicial
review in an appropriate district court.
``(h) Appointment of Receiver.--
``(1) In any proceeding under subsection (f)(4) or
subsection (g)(6)(C), the court may take exclusive
jurisdiction of a small business lending company or a
non-Federally regulated lender and appoint a receiver
to hold and administer the assets of the company or
lender.
``(2) Upon request of the Administrator, the court
may appoint the Administrator as a receiver under
paragraph (1).
``(i) Possession of Assets.--
``(1) If a small business lending company or a non-
Federally regulated lender is not in compliance with
capital requirements or is insolvent, the Administrator
may take possession of the portfolio of loans
guaranteed by the Administrator and sell such loans to
a third party by means of a receiver appointed under
subsection (h).
``(2) If a small business lending company or a non-
Federally regulated lender is not in compliance with
capital requirements or is insolvent or otherwise
operating in an unsafe and unsound condition, the
Administrator may take possession of servicing
activities of loans that are guaranteed by the
Administrator and sell such servicing rights to a third
party by means of a receiver appointed under subsection
(h).
``(j) Penalties and Forfeitures.--
``(1) Except as provided in paragraph (2), a small
business lending company or a non-Federally regulated
lender which violates any regulation or written
directive issued by the Administrator regarding the
filing of any regular or special report shall pay to
the United States a civil penalty of not more than
$5,000 for each day of the continuance of the failure
to file such report, unless it is shown that such
failure is due to reasonable cause and not due to
willful neglect. The civil penalties under this
subsection may be enforced in a civil action brought by
the Administrator. The penalties under this subsection
shall not apply to any affiliate of a small business
lending company that procures at least 10 percent of
its annual purchasing requirements from small
manufacturers.
``(2) The Administrator may by rules and
regulations that shall be codified in the Code of
Federal Regulations, after an opportunity for notice
and comment, or upon application of an interested
party, at any time previous to such failure, by order,
after notice and opportunity for hearing which shall be
conducted pursuant to sections 554, 556, and 557 of
title 5, United States Code, exempt in whole or in
part, any small business lending company or non-
Federally regulated lender from paragraph (1), upon
such terms and conditions and for such period of time
as it deems necessary and appropriate, if the
Administrator finds that such action is not
inconsistent with the public interest or the protection
of the Administration. The Administrator may for the
purposes of this section make any alternative
requirements appropriate to the situation.''.
SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES.
Section 3 of the Small Business Act (15 U.S.C. 632) is
amended by adding at the end the following new subsection:
``(r) Definitions Relating to Small Business Lending
Companies.--As used in section 23 of this Act:
``(1) Small business lending company.--The term
`small business lending company' means a business
concern that is authorized by the Administrator to make
loans pursuant to section 7(a) and whose lending
activities are not subject to regulation by any Federal
or State regulatory agency.
``(2) Non-federally regulated sba lender.--The term
`non-Federally regulated SBA lender' means a business
concern if--
``(A) such concern is authorized by the
Administrator to make loans under section 7;
``(B) such concern is subject to regulation
by a State; and
``(C) the lending activities of such
concern are not regulated by any Federal
banking authority.''.
TITLE II--MISCELLANEOUS AMENDMENTS
SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH RESPECT TO
ISSUERS OF PARTICIPATING SECURITIES.
Section 303(g)(4) of the Small Business Investment Act of
1958 (15 U.S.C. 683 (g)(4)) is amended--
(1) in the first sentence, by striking
``subsection'' and inserting ``Act''; and
(2) in the second sentence, by striking
``contingent upon and limited to the extent of
earnings'' and inserting ``from appropriate sources, as
determined by the Administration''.
SEC. 202. INVESTMENT OF EXCESS FUNDS.
Section 308(b) of the Small Business Investment Act (15
U.S.C. 687(b)) is amended by striking the last sentence and
inserting the following: ``Any such company that is licensed
before October 1, 2004 and has outstanding financings is
authorized to invest funds not needed for its operations--
``(1) in direct obligations of, or obligations
guaranteed as to principal and interest by, the United
States;
``(2) in certificates of deposit or other accounts
of federally insured banks or other federally insured
depository institutions, if the certificates or other
accounts mature or are otherwise fully available not
more than 1 year after the date of the investment; or
``(3) in mutual funds, securities, or other
instruments that consist of, or represent pooled assets
of, investments described in paragraphs (1) or (2).''.
SEC. 203. SURETY BOND AMENDMENTS.
(a) Clarification of Maximum Surety Bond Guarantee.--
Section 411(a)(1) of the Small Business Investment Act of 1958
(15 U.S.C. 694b(a)(1)) is amended by striking ``contract up
to'' and inserting ``total work order or contract amount at the
time of bond execution that does not exceed''.
(b) Audit Frequency.--Section 411(g)(3) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is
amended by striking ``each year'' and inserting ``every three
years''.
(c) Repeal.--Section 207 of the Small Business
Reauthorization and Amendment Act of 1988 (15 U.S.C. 694b note)
is repealed.
SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.
Section 503(f) of the Small Business Investment Act of 1958
(15 U.S.C. 697(f)) is amended by striking ``, but'' and all
that follows through the end and inserting a period.
And the Senate agree to the same.
Jim Kolbe,
Joe Knollenberg,
Jerry Lewis,
Roger F. Wicker,
Henry Bonilla,
David Vitter,
Mark Steven Kirk,
Ander Crenshaw,
Bill Young,
Ralph Regula,
David L. Hobson,
Steven R. Rothman,
Managers on the Part of the House.
Mitch McConnell,
Thad Cochran,
Judd Gregg,
Richard C. Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Christopher S. Bond,
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4818) making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2005,
and for other purposes, submit the following joint statement to
the House and Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
This conference agreement includes the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2005; the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2005; the Energy and Water Development Appropriations Act,
2005; the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005; the Interior and Related
Agencies Appropriations Act, 2005; the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2005; the Legislative Branch Appropriations
Act, 2005; the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2005; the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2005; and other matters included
in division J.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
CONGRESSIONAL DIRECTIVES
The statement of the managers remains silent on
provisions that were in both the House and Senate bills that
remain unchanged by this conference agreement, except as noted
in this statement of the managers.
The conferees agree that executive branch wishes cannot
substitute for Congress' own statements as to the best evidence
of congressional intentions--that is, the official reports of
the Congress. The conferees further point out that funds in
this Act must be used for the purposes for which appropriated,
as required by section 1301 of title 31 of the United States
Code, which provides: ``Appropriations shall be applied only to
the objects for which the appropriations were made except as
otherwise provided by law.''
The House and Senate report language that is not changed
by the conference is approved by the committee of conference.
The statement of the managers, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein.
In cases in which the House or the Senate have directed
the submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
The conference agreement provides $5,124,000 for the
Office of the Secretary as proposed by the Senate instead of
$4,185,000 as proposed by the House.
The conference agreement provides the fiscal year 2004
funding level for cross-cutting trade negotiations and
biotechnology resources in the following accounts: Office of
the Secretary; Animal and Plant Health Inspection Service;
Grain Inspection, Packers and Stockyards Administration; and
the Foreign Agricultural Service.
The conferees appreciate receiving the detailed
information provided in the Explanatory Notes prepared by the
Department and rely heavily on this information when
considering budget proposals. These materials have
traditionally been prepared for the sole use of the Committees
on Appropriations in a format consistent with the organization
and operation of the programs and the structure of the
Appropriations Act. At the direction of the Office of
Management and Budget, the Department has changed the format
and content of these materials to focus on broader goals and
objectives rather than the major program structure followed in
the Act, and in the actual conduct of the programs. The new
organization and content does not present budget information in
a format useful to the deliberations of the Committees. For
fiscal year 2006 and future years, the Department is directed
to present Explanatory Notes in a format consistent with the
presentation used for the fiscal year 2002 Budget. Any
deviations from that format are to be approved in advance by
the Committees.
The Homeland Security Act of 2002 transferred a number of
functions previously under the direct jurisdiction of USDA to
the newly created Department of Homeland Security [DHS]. Among
these functions were research and diagnostic activities located
at Plum Island, New York, and Agricultural Quarantine
Inspection [AQI] activities located along our nation's borders
and at select transportation centers. The conferees are aware
of ongoing concerns within the agriculture sector that the
transfer of these responsibilities may shift the focus away
from agriculture to other priority areas of DHS. In order to
ensure that the interests of U.S. agriculture are protected and
that the intent of the Homeland Security Act of 2002 is being
fully met, including the proper allocation of AQI and other
funds, the conferees request the Government Accountability
Office to provide a report, no later than March 1, 2005, on the
coordination between USDA and DHS in protecting the U.S.
agriculture sector, including a description of the long-term
objectives of joint activities at Plum Island and the
effectiveness of AQI and other inspection activities.
On previous occasions, both Committees have made clear
that they expect the administration to abide by the statutory
set-aside for non-emergency food aid programs. The Bill Emerson
Humanitarian Trust (BEHT) exists so that the United States can
provide emergency food aid above the appropriated level and not
have to reduce funding for non-emergency programs. The
conferees are concerned that the administration has continued
to use non-emergency funds for emergency purposes. The
conferees urge the administration to use the trust for its
intended purpose. If the administration continues to waive the
non-emergency set-aside for emergencies that could be funded
from the BEHT, the Committees may consider taking action to
ensure this does not continue.
Despite numerous communications from the Congress over
the past year urging USDA to improve the utilization and budget
of the U.S. National Arboretum, operated by the Agricultural
Research Service, the Department continues to neglect the
management of this important public resource. The Department
has failed to conclude longstanding discussions to enter into
effective fund-raising initiatives through the not-for-profit
association, Friends of the National Arboretum, which would
offer the prospects of enhanced financial resources beyond
federal taxpayers' dollars. At the same time, the Department
has failed to manage the budget of the Arboretum in a manner
that adequately provides for its current and future needs,
including appropriate security and public access measures. The
conferees are disturbed by the inadequacy of the Department's
actions to date, and direct the Secretary to take immediate
steps to address and resolve these inadequacies. The conferees
direct the Secretary to submit a written report, within 30 days
of enactment of this Act, to the Committees on Appropriations
on the steps taken as well as plans for any additional steps to
address such concerns. The report shall include a timetable for
implementation and monitoring of results.
Executive Operations
CHIEF ECONOMIST
The conference agreement provides $10,317,000 for the
Office of the Chief Economist instead of $10,810,000 as
proposed by the House and $9,817,000 as proposed by the Senate.
The conference agreement provides an increase of
$1,500,000 for a preferred procurement system and a labeling
system for bio-based products.
NATIONAL APPEALS DIVISION
The conference agreement provides $14,331,000 for the
National Appeals Division instead of $14,526,000 as proposed by
the House and $14,154,000 as proposed by the Senate. The
conferees provide an increase of $477,000 to be applied to the
highest priority needs for which additional funding was
requested.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The conference agreement provides $8,228,000 for the
Office of Budget and Program Analysis instead of $8,246,000 as
proposed by the House and $8,128,000 as proposed by the Senate.
HOMELAND SECURITY STAFF
The conference agreement provides $775,000 for Homeland
Security Staff instead of $508,000 as proposed by the House and
$1,000,000 as proposed by the Senate. Of the amount provided,
$270,000 is to continue operations originally funded by
counterterrorism/homeland security supplemental funds.
Office of the Chief Information Officer
The conference agreement provides $16,595,000 for the
Office of the Chief Information Officer instead of $15,608,000
as proposed by the House and $17,595,000 as proposed by the
Senate. The conferees provide an increase of $1,000,000 to be
applied to the highest priority needs for which additional
funding was requested.
The conferees have learned that the Department
transferred more than $16,000,000 in agency funds to the Office
of the Chief Information Officer in fiscal years 2003 and 2004
to help finance several Presidential eGovernment initiatives.
The Department testified that, in addition, it collected fiscal
years 2003 and 2004 funds in unspecified amounts from USDA
agencies for its own eGovernment initiatives. The conferees are
extremely disturbed that the Department has failed to comply
with Section 718 of Public Law 108-199 that plainly states that
no funds may be transferred to the Office of the Chief
Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress. The
USDA General Counsel's office advised the USDA Chief
Information Officer in a memorandum dated April 20, 2004, that
the Department notify the Committees of its intention to
transfer funds to the Office of the Chief Information Officer
and await a response. Yet, in spite of the clear legislative
language and the General Counsel's advice, the Department
proceeded to transfer these funds without the notification and
approval of Congress. The Department further testified that the
cost of these eGovernment initiatives will exceed $40,000,000
in fiscal year 2005, and about its plans to use the Greenbook
mechanism to manage agency contributions towards funding these
initiatives. The conferees again direct that no funds be
transferred, contributed, pooled or otherwise made available
from the agencies to the Office of the Chief Information
Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress. The conferees
further direct that the Department provide, no later than
February 1, 2005, a report on the fiscal years 2003, 2004, and
estimated 2005 funds, transferred to the Office of the Chief
Information Officer through interagency agreements, the
Greenbook mechanism, or any other means. The report should
identify the amounts transferred or otherwise made available,
by Agency, how those funds were or are to be used and the
impact of the transfers on agency program activities.
COMMON COMPUTING ENVIRONMENT
The conference agreement provides $125,585,000 for common
computing environment as proposed by the Senate. The House
proposed funding these activities within the affected mission
areas.
The conferees are aware that the acquisition of
geospatial data and Geographic Information System technologies
is critical to the Department of Agriculture's plans to
modernize its County Service Centers and install a common
computing environment that optimizes information sharing,
customer service, and staff efficiencies, and improves the
Department's ability to track and react to natural and/or man-
made disasters. Within the funds provided in this Act, the
conferees encourage the Department to provide the appropriate
level of support to the National Agricultural Imagery Program
for the acquisition of geospatial data and Geographic
Information System technologies.
Office of the Chief Financial Officer
The conference agreement provides $5,742,000 for the
Office of the Chief Financial Officer as proposed by the Senate
instead of $5,811,000 as proposed by the House.
WORKING CAPITAL FUND
The conference agreement provides $12,850,000 for the
Working Capital Fund as proposed by the House. The Senate bill
contained no such account. The conference agreement also
includes a general provision (Section 705) that authorizes the
Secretary to transfer unobligated balances of other accounts to
the Working Capital Fund.
Office of the Assistant Secretary for Civil Rights
The conference agreement provides $818,000 for the Office
of the Assistant Secretary for Civil Rights instead of $803,000
as proposed by the House and $819,000 as proposed by the
Senate.
Office of Civil Rights
The conference agreement provides $19,889,000 for the
Office of Civil Rights instead of $19,452,000 as proposed by
the House and $20,347,000 as proposed by the Senate. The
conferees provide an increase of $1,458,000 to be applied to
the highest priority needs for which additional funding was
requested.
Office of the Assistant Secretary for Administration
The conference agreement provides $669,000 for the Office
of the Assistant Secretary for Administration as proposed by
the House instead of $682,000 as proposed by the Senate.
Agriculture Buildings and Facilities and Rental Payments
The conference agreement provides $163,870,000 for
agriculture buildings and facilities and rental payments
instead of $128,216,000 as proposed by the House and
$170,870,000 as proposed by the Senate. The conferees provide
an increase of $3,000,000 for building operations and
maintenance to be applied to the highest priority needs for
which additional funding was requested.
Hazardous Materials Management
The conference agreement provides $15,532,000 as proposed
by the Senate instead of $15,730,000 as proposed by the House.
Departmental Administration
The conference agreement provides $22,626,000 for
Departmental Administration as proposed by the Senate instead
of $22,939,000 as proposed by the House.
Office of the Assistant Secretary for Congressional Relations
The conference agreement provides $3,852,000 for the
Office of the Assistant Secretary for Congressional Relations
as proposed by the House and the Senate.
Office of Communications
The conference agreement provides $9,365,000 as proposed
by the Senate instead of $9,378,000 as proposed by the House.
The conferees direct the Office of Communications to
continue providing them with copies of open source news
material made available to USDA officials through the use of
appropriated funds.
Office of the Inspector General
The conference agreement provides $78,289,000 for the
Office of the Inspector General as proposed by the Senate
instead of $78,392,000 as proposed by the House.
Office of the General Counsel
The conference agreement provides $35,861,000 for the
Office of the General Counsel instead of $35,486,000 as
proposed by the House and $36,236,000 as proposed by the
Senate. The conferees provide an increase of $625,000 to be
applied to the highest priority needs for which additional
funding was requested.
Office of the Under Secretary for Research, Education and Economics
The conference agreement provides $592,000 for the Office
of the Under Secretary for Research, Education and Economics as
proposed by the House instead of $605,000 as proposed by the
Senate.
Economic Research Service
The conference agreement provides $74,768,000 for the
Economic Research Service instead of $76,575,000 as proposed by
the House and $75,268,000 as proposed by the Senate. The
conferees provide an increase of $3,500,000 to be applied to
the highest priority needs for which additional funding was
requested.
The conference agreement does not adopt House report
language for a comprehensive study of WIC-only stores.
National Agricultural Statistics Service
The conference agreement provides $129,480,000 for the
National Agricultural Statistics Service instead of
$128,661,000 as proposed by the House and $130,299,000 as
proposed by the Senate. The conferees provide an increase of
$2,681,000 for requested program initiatives for agricultural
estimates. Also included in this amount is $22,405,000 for the
Census of Agriculture as proposed by the Senate, instead of
$22,520,000 as proposed by the House.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides $1,110,887,000 for the
Agricultural Research Service, Salaries and Expenses, instead
of $1,057,029,000 as proposed by the House and $1,090,261,000
as proposed by the Senate.
The conferees have agreed to increased funding for the
following areas of research: Budgeted increases, as follows:
Controlling Invasive Species, $500,000; Genetic Resources,
$400,000; Genomics Research, $1,200,000; Food Safety,
$4,313,000; Controlling Exotic/Emerging Diseases, $3,217,000 of
which $800,000 is for soybean rust research at Ames, IA, and
Beltsville, MD; Native Plant Disease Recovery System,
$1,800,000; Information Technology/Cyber Security, $150,000;
Library and Information Services, $400,000; Obesity Epidemic
and Promote a Healthier Lifestyle, $500,000; and Climate Change
Research Initiative, $519,000.
Further increases, as follows: Aflotoxin in Cotton,
Phoenix, AZ, $150,000; Agricultural Genome Bioinformatics,
Ames, IA (Bioinformatics Institute for Model Plant Species),
$125,000; Air Quality Research, Logan, UT (Utah State
University), $125,000; Animal Waste Treatment, Florence, SC,
$50,000; Appalachian Horticulture Research, Poplarville, MS (U
TN/TN State), $200,000; Aquaculture Initiative for Mid-Atlantic
Highlands, Leetown, WV, $100,000; Aquaculture Research
(University of Idaho, Hagerman Fish Culture Exp. Station),
$125,000; Arbuscular Mycorrhizal Fungi (Rodale Institute),
$46,000; Arkansas Children's Nutrition Center, Little Rock, AR,
$125,000; Biological Control and Agriculture Research,
Gainesville, FL, $50,000; Biotechnology Research and
Development Corporation, Peoria, IL, $80,000; Bovine Genetics,
Beltsville, MD (U CT/U IL), $100,000; Catfish Genome, Auburn,
AL, $225,000; Central Great Plains Research Station, Akron, CO,
$50,000; Cereal Crops Research, Madison, WI, $100,000; Cereal
Disease Research, St. Paul, MN, $25,000; Chronic Diseases of
Children, Houston, TX (Baylor U/Peanut Institute), $125,000;
Citrus and Horticulture Research, Ft. Pierce, FL, $125,000;
Citrus Waste Utilization, Winter Haven, FL, $42,124; Coffee and
Cocoa Research, Miami, FL, and Beltsville, MD, $200,000; Corn
Germplasm, Ames, IA, $150,000; Cotton Pathology Research,
Shafter, CA, $100,000; Cropping Systems Research (U TN/West TN
Ag Experiment Station), $75,000; Dairy Forage (Madison, WI)
$225,000; Delta Nutrition Intervention Initiative, Little Rock,
AR (Southern U Center for Food Nutrition and Health Promotion),
$50,000; Food Fermentation Research, Raleigh, NC, $100,000;
Forage and Range Research (Logan, UT), $125,000; Ft. Pierce
Horticultural Research Laboratory (Ft. Pierce, FL), $100,000;
Foundry Sand By-products Utilization (Beltsville, MD), $50,000;
Golden Nematode (Ithaca, NY), $50,000; Grand Forks Human
Nutrition Lab (Grand Forks, ND), $75,000; Grape Genetics
(Geneva, NY), $125,000; Grape Rootstock (Geneva, NY) $150,000;
Grapefruit Juice/Drug Interaction, Winter Haven, FL, $3,708;
Greenhouse and Hydroponics Research, Wooster, OH, $25,000;
Hides and Leather Research, Wyndmoor, PA, $75,000; Human
Nutrition Research Center on Aging (Boston, MA) (Equipment),
$100,000; Improved Crop Production Practices, Auburn, AL,
Auburn University, $225,000; Improved Forage-Livestock
Production, Lexington, KY, $90,000; Livestock and Range
Research (Ft. Keogh, MT), $50,000; Mid-West/Mid-South
Irrigation (Columbia, MO), $26,728; National Cold Water Marine
Aquaculture (Franklin, ME), $50,000; Northern Plains
Agricultural Research Lab (Sidney, MT), $75,000; Noxious Weeds
in the Desert Southwest (Las Cruces, NM), $63,000; Nutrition
Interventions, $50,000; Obesity Research/Children's Nutrition
Research Center (Houston, TX), $175,000, and Human Nutrition
Research on Aging (Boston, MA), $125,000; Ogallala Aquifer
(Bushland, TX), $850,000; Organic Minor Crop Research (Salinas,
CA), $125,000; Pecan Scab Research (Byron, GA), $100,000;
Phytoestrogen Research, SRRC (Tulane/Xavier/U of Toledo),
$100,000; Poisonous Plant Research Laboratory (Logan, UT),
$225,000; Potato Storage (Madison, WI), $1,593; Poult
Enteritis-Mortality Syndrome (Athens, GA), $50,000; Quantify
Basin Water Budget Components in the Southwest (Tucson, AZ),
$125,000; Regional Grains Genotyping (Raleigh, NC), $100,000;
Residue Management in Sugarcane, Houma, LA, $125,000;
Salmonella, Listeria, E. coli, and other food pathogens
(Wyndmoor, PA), $199,931 (of which $50,000 goes to Penn State);
Seafood Waste, Fairbanks, AK (U of AK), $160,000 (of which
$50,000 goes to the State of Alaska); Seismic and Acoustic
Technologies and Soils (Oxford, MS), $125,000; Sorghum Research
(Bushland, TX), $125,000; Southeastern Fruit and Tree Nut
Research (Byron, GA), $200,000; Soybean and Nitrogen Fixation
(Raleigh, NC), $100,000; Sudden Oak Disease/Sudden Oak Disease
Syndrome (Ft. Detrick, MD/Davis, CA), $200,000; Sugarbeet
Research (Kimberly, ID), $75,000; Sugarcane Variety Research
(Canal Point, FL), $175,000; Sustainable Viticulture Research
(Davis, CA), $50,000; Transmissible Spongiform
Encephalopathies, $225,000; Tree Fruit Quality Research
(Wenatchee, WA), $175,000; Turfgrass Research (Beaver, WV),
$150,000; United States National Arboretum (Washington, D.C.),
$125,000; U.S. Pacific Basin Agricultural Research Center,
Hilo, HI (Univ HI Manoa/Univ HI Hilo), $125,000; Vaccines and
Microbe Control for Fish Health (Auburn University), $20,000;
Verticillium Wilt (Salinas, CA), $125,000; Waste Management
Research, Bowling Green, KY (Western Kentucky University),
$137,500; and Wild Rice Research (St. Paul, MN), $50,000.
The conference agreement continues the fiscal year 2004
level of funding for all research projects proposed to be
terminated in the President's budget as provided in House
Report 108-584 and Senate Report 108-340 accompanying the
fiscal year 2005 Agriculture Appropriations bills, including
the following at all locations: Aquaculture Density Research
(Stuttgart, AR); Water Resources Management (Tifton, GA); Water
Use Management Technology (Tifton, GA); Great Basins Rangeland
(Boise, ID); Source Water Protection (West Lafeyette, IN);
Great Basins Rangeland (Reno, NV); Western Grazinglands (Reno,
NV); and, Pasture Systems and Watershed Management (University
Park, PA).
The conference agreement provides an increase of $125,000
for the Children's Nutrition Research Center at Houston, TX,
for a cooperative research project with Baylor College of
Medicine and the Peanut Institute to examine ways to prevent
the onset of chronic diseases and the growing problem of
overweight children.
The conferees direct that a portion of the funding for
grape rootstock should be allocated to support the ongoing
grape industry research strategic planning process.
The conference agreement provides an increase of $75,000
above the fiscal year 2004 level for the Grand Forks Human
Nutrition Laboratory for a cooperative agreement with
theNorthern Great Plains Research Laboratory, Mandan, ND, the
University of North Dakota, and North Dakota State University on a
healthy beef initiative.
The conferees note the growing concern raised by the
soybean industry due to the threat of soybean rust. The
conferees also note the recent announcement by the Department
of Agriculture that soybean rust has now been confirmed in the
United States. Soybean rust is a fungus that appears on the
leaves of the plant and eventually causes premature defoliation
which brings about substantial yield loss. The conferees
encourage the Department to accelerate research on plant
varieties that improve tolerance to soybean rust pathogens.
The conferees do not include funding for the development
of a wine grape foundation block of certified ``clean''
rootstock in ARS. The conference agreement provides funding for
this vital research in the Cooperative State Research,
Education, and Extension Service account.
BUILDINGS AND FACILITIES
The conference agreement provides $187,838,000 for the
Agricultural Research Service, Buildings and Facilities,
instead of $202,000,000 as proposed by the House and
$172,838,000 as proposed by the Senate.
The following items reflect the conference agreement:
National Center for Animal Health (Ames, Iowa), $122,000,000;
Grape Genomics Research Center (Davis, California), $3,000,000;
U.S. Agricultural Research Station (Salinas, California),
$3,000,000; U.S. Pacific Basin Agricultural Research Center
(Hilo, Hawaii), $3,000,000; Aquaculture Facility (Aberdeen/
Billingsley Creek, Idaho) $1,000,000; National Center for
Agricultural Utilization Research (Peoria, Illinois),
$3,000,000; Animal Waste Management Research Laboratory
(Bowling Green, Kentucky), $2,300,000; Forage-Animal Research
Laboratory (Lexington, Kentucky) $3,000,000; ARS Sugarcane
Research Laboratory (Houma, Louisiana), $3,000,000; Northeast
Marine Cold Water Aquaculture Research Center (Orono/Franklin,
Maine), $3,000,000; Beltsville Agricultural Research Center
(Beltsville, Maryland), $3,000,000; Jamie Whitten Delta States
Research Center (Stoneville, Mississippi), $3,000,000; Poultry
Science Research Facility (Starkville, Mississippi),
$3,000,000; National Plant and Genetics Security Center
(Columbia, Missouri), $5,000,000; Animal Bioscience Facility
(Bozeman, Montana), $2,000,000; Center for Grape Genetics
(Geneva, New York), $3,000,000; Center for Crop-based Health
Genomics (Ithaca, New York), $3,000,000; University of Toledo
(Toledo, Ohio), $2,000,000; Southern Plains Research Station
(Woodward, Oklahoma), $3,000,000; U.S. Vegetable Laboratory
(Charleston, South Carolina), $3,000,000; ARS Research
Laboratory (Pullman, Washington), $3,000,000; Appalachian Fruit
Laboratory (Kearneysville, West Virginia), $3,638,000; and,
Nutrient Management Laboratory (Marshfield, Wisconsin),
$4,900,000.
The conferees note that there is widespread interest in
additional construction and renovation of ARS facilities
throughout the country. This is not surprising when considering
the fact that many of the existing facilities are decades old.
The conferees continue to believe that the ARS needs a master
plan for addressing these needs. Until such a master plan can
be developed, however, the Committees will not consider funding
requests for projects for which a prospectus has not been
completed and submitted to the Committees by March 1 of each
year. Each prospectus shall, at a minimum, include the
following information: the feasibility, requirements, and scope
of the proposed project; details on building size, cost,
associated facilities, scientific capacity, and other
requirements; and details on existing and planned program and
resource requirements. Further, the conferees strongly
encourage the ARS to determine the merits and priority for
these projects.
The purpose and intent of the ARS Buildings and
Facilities account is to provide new, replacement, and
modernized Federal laboratories and facilities needed to carry
out and strengthen ARS research and to protect the Government's
significant investment in these Federal assets. As noted in
House Report 108-584 and Senate Report 108-340, there has been
widespread interest in additional construction and renovation
of the Department's research facilities throughout the country.
The conferees encourage ARS to consider the development of a
master plan that deals with ARS programs and related buildings
priorities. This will be useful to the Committees in assessing
and determining ARS in-house laboratory requirements.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
The conference agreement provides $660,781,000 for
research and education activities instead of $628,607,000 as
proposed by the House and $628,492,000 as proposed by the
Senate.
The conference agreement includes bill language for the
following items: West Virginia State University as proposed by
the Senate instead of West Virginia State College as proposed
by the House; and, $500,000 for resident instruction grants for
insular areas as proposed by the House.
The following table reflects the conference agreement:
Cooperative State Research, Education, and Extension Service--research
and education activities
[Dollars in thousands]
FY 2005 Conference
Hatch Act............................................... $180,148
McIntire Stennis Cooperative Forestry................... 22,384
Evans-Allen Program..................................... 37,000
National Research Initiative............................ 181,000
Special Research Grants................................. 136,564
Animal Health and Disease (Sec. 1433)................... 5,098
1994 Institutions Research Program...................... 1,087
Joe Skeen Institute for Rangeland Restoration (NM, TX,
MT)................................................. 1,000
Graduate Fellowship Grants.............................. 3,000
Institution Challenge Grants............................ 5,500
Multicultural Scholars Program.......................... 998
Hispanic Education Partnership Grants................... 5,645
Secondary/2-year Post-secondary......................... 1,000
Capacity Building Grants (1890 Institutions)............ 12,411
Payments to the 1994 Institutions....................... 2,250
Alaska Native-serving and Native Hawaiian-serving
Education Grants.................................... 3,500
Resident Instruction Grants for Insular Areas........... 500
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 599,085
========================================================
____________________________________________________
Federal Administration:
Ag-based Industrial Lubricants (IA)................. 527
Agriculture Development in the American Pacific..... 490
Agriculture Waste Utilization (WV).................. 654
Agriculture Water Policy (GA)....................... 898
Alternative Fuels Characterization Laboratory (ND).. 284
Animal Waste Management (OK)........................ 298
Aquaculture (OH).................................... 853
Aquaculture (PA).................................... 222
Biotechnology Research (MS)......................... 667
Botanical Research (UT)............................. 896
Center for Agricultural and Rural Development (IA).. 600
Center for Food Industry Excellence (TX)............ 874
Center for Innovative Food Technology (OH).......... 1,154
Center for North American Studies (TX).............. 1,000
Climate Forecasting (FL)............................ 3,631
Cotton Research (TX)................................ 2,500
Council for Agriculture Science and Technology
(Funded thru SRG in FY 2004)...................... 150
Data Information System (REEIS)..................... 2,444
Dietary Intervention (OH) (Funded thru SRG in FY
2004)............................................. 1,148
Electronic Grants Administration System............. 1,944
Feed Efficiency (WV)................................ 152
Global Environmental Management (Funded thru NRCS in
2004)............................................. 1,000
High Value Horticultural Crops (VA)................. 572
Hispanic Leadership in Agriculture (TX) (Funded thru
SRG in House)..................................... 550
Greenhouse Nurseries (OH)........................... 732
Income Enhancement Demonstration (OH) (Funded thru
Extension in FY 2004)............................. 731
Information Technology (GA)......................... 372
Livestock Marketing Information Center (CO)......... 175
Mariculture (NC).................................... 320
Mississippi Valley State University, Curriculum
Development....................................... 933
Monitoring Agricultural Sewage Sludge Application
(OH).............................................. 1,287
Office of Extramural Programs (Grants).............. 401
Pasteurization of Shell Eggs (MI)................... 1,247
Pay Costs and FERS.................................. 2,665
Peer Panels......................................... 312
Phytoremediation Plant Research (OH)................ 785
PM-10 Study (WA) (moved from SRG in FY 2004)........ 390
Precision Agriculture, Tennessee Valley Research
Center (AL)....................................... 604
Produce Pricing (AZ)................................ 76
Rural Systems (MS).................................. 311
Salmon Quality Standards (AK)....................... 167
Shrimp Aquaculture (AZ, HI, MS, MA, SC, LA, TX)..... 3,973
Sustainable Agricultural Freshwater Conservation
(TX).............................................. 1,820
Urban Silviculture (NY)............................. 270
Vitis Gene Discovery (MO)........................... 608
Water Pollutants (WV)............................... 569
Water Quality (ND).................................. 443
Wetland Plants (WV)................................. 190
--------------------------------------------------------
____________________________________________________
Total, Federal Administration..................... 42,889
========================================================
____________________________________________________
Other:
Alternative Crops................................... 1,196
Aquaculture Centers (Sec. 1475)..................... 4,000
Critical Agricultural Materials Act................. 1,111
Sustainable Agriculture............................. 12,500
--------------------------------------------------------
____________________________________________________
Total, Other...................................... 18,807
========================================================
____________________________________________________
Total, Research and Education Activities.......... $660,781
Cooperative State Research, Education, and Extension Service--research
and education activities, special research grants
[Dollars in thousands]
FY 2005 Conference
Advanced Genetic Technologies (KY)...................... $650
Advanced Spatial Technologies (MS)...................... 943
Aegilops Cylindricum (Jointed Goatgrass) (WA)........... 358
Agricultural Diversification (HI)....................... 113
Agricultural Diversity/Red River Cooridor (MN, ND)...... 597
Agriculture Science (OH)................................ 547
Agriculture Water Usage (GA)............................ 260
Agroecology (MD)........................................ 390
Air Quality (TX)........................................ 1,074
Alliance for Food Protection (NE, GA)................... 316
Alternative Nutrient Management (VT).................... 174
Alternative Salmon Products (AK)........................ 1,108
Alternative Uses for Tobacco (MD)....................... 335
Animal Disease Research (WY)............................ 336
Animal Science Food Safety Consortium (AR, KS, IA)...... 1,444
Apple Fireblight (MI, NY)............................... 483
Aquaculture (AR)........................................ 207
Aquaculture (WA, ID).................................... 770
Aquaculture (LA)........................................ 332
Aquaculture (MS)........................................ 521
Aquaculture (NC)........................................ 280
Aquaculture (VA)........................................ 190
Aquaculture Product and Marketing Development (WV)...... 711
Armilliaria Root Rot (MI)............................... 151
Asparagus Technology and Production (WA)................ 250
Babcock Institute (WI).................................. 569
Beef Technology Transfer (MO)........................... 261
Berry Research (AK)..................................... 1,790
Biobased Nanocomposite Research (ND).................... 178
Biomass-based Energy Research (OK, MS).................. 1,023
Biotechnology (NC)...................................... 289
Biotechnology Test Production (IA)...................... 469
Bovine Tuberculosis (MI)................................ 355
Brucellosis Vaccine (MT)................................ 444
Center for Public Lands and Rural Economies (UT)........ 225
Center for Rural Studies (VT)........................... 351
Chesapeake Bay Agroecology (MD)......................... 317
Childhood Obesity and Nutrition (VT).................... 192
Citrus Canker (FL)...................................... 474
Citrus Tristeza (WA).................................... 697
Competitiveness of Agricultural Products (WA)........... 652
Computational Agriculture (NY).......................... 241
Cool Season Legume Research (ID, WA).................... 569
Cotton Fiber Quality (GA)............................... 474
Cranberry/Blueberry (MA)................................ 153
Cranberry/Blueberry Disease and Breeding (NJ)........... 355
Crop Integration and Production (SD).................... 297
Crop Diversification Center (MO)........................ 378
Crop Pathogens (NC)..................................... 253
Dairy and Meat Goat Research (TX)....................... 100
Dairy Farm Profitability (PA)........................... 472
Delta Rural Revitalization (MS)......................... 246
Designing Foods for Health (TX)......................... 1,624
Diaprepes/Root Weevil (FL).............................. 450
Drought Mitigation (NE)................................. 213
Drought Management (UT)................................. 786
Efficient Irrigation (NM, TX)........................... 1,500
Environmental Biotechnology (RI)........................ 617
Environmental Research (NY)............................. 376
Environmental Risk Factors/Cancer (NY).................. 219
Environmentally Safe Products (VT)...................... 746
Ethnobotany Research (AK)............................... 284
Exotic Pest Diseases (CA)............................... 1,945
Expanded Wheat Pasture (OK)............................. 275
Farm Injuries and Illnesses (NC)........................ 299
Feed Barley for Rangeland Cattle (MT)................... 741
Feed Efficiency in Cattle (FL).......................... 297
Feedstock Conversion (SD)............................... 673
Fish and Shellfish Technologies (VA).................... 457
Food Chain Economic Analysis (IA)....................... 419
Floriculture (HI)....................................... 355
Food and Agriculture Policy Research Institute (IA, MO). 1,549
Food Marketing Policy Center (CT)....................... 584
Food Quality (AK)....................................... 344
Food Safety (AL)........................................ 1,100
Food Safety (OK, ME).................................... 556
Food Safety (TX)........................................ 189
Food Safety Research Consortium......................... 900
Food Safety Risk Assessment (ND)........................ 1,377
Food Security (WA)...................................... 401
Food Systems Research Group (WI)........................ 521
Forages for Advancing Livestock Production (KY)......... 393
Forestry (AR)........................................... 465
Fruit/Vegetable Market Analaysis (AZ/MO)................ 326
Functional Genomics (UT)................................ 1,484
Future Foods (IL)....................................... 549
Generic Commodity Promotions, Research and Evaluation
(NY)................................................ 192
Genomics (MS)........................................... 890
Geographic Information System........................... 1,716
Global Change........................................... 2,000
Grain Sorghum (KS)...................................... 137
Grapefruit Juice/Drug Interaction (FL).................. 347
Grass Seed Cropping for Sustainable Agriculture (WA, OR,
ID)................................................. 454
Grazing Research (WI)................................... 262
Greenhouse Crop Production (AK)......................... 449
Horn Fly Research (AL).................................. 167
Human Nutrition (IA).................................... 655
Human Nutrition (LA).................................... 712
Human Nutrition (NY).................................... 585
Hydroponic Tomato Production (OH)....................... 180
Illinois-Missouri Alliance for Biotechnology............ 1,179
Improved Dairy Management Practices (PA)................ 355
Improved Fruit Practices (MI)........................... 212
Increasing Shelf Life of Agricultural Commodities (ID).. 829
Infectious Disease Research (CO)........................ 784
Institute for Biobased Products and Food Science (MT)... 567
Institute for Food Science and Engineering (AR)......... 1,119
Integrated Production Systems (OK)...................... 207
International Arid Lands Consortium (AZ)................ 584
Iowa Biotechnology Consortium........................... 1,789
Leopold Center Hypoxia Project (IA)..................... 224
Livestock and Dairy Policy (NY, TX)..................... 900
Livestock Genome Sequencing (IL)........................ 821
Livestock Waste (IA).................................... 268
Lowbush Blueberry Research (ME)......................... 236
Maple Research (VT)..................................... 133
Meadow Foam (OR)........................................ 262
Michigan Biotechnology Consortium....................... 559
Midwest Advanced Food Manufacturing Alliance (NE)....... 528
Midwest Agricultural Products (IA)...................... 617
Midwest Poultry Consortium (IA)......................... 688
Milk Safety (PA)........................................ 709
Minor Use Animal Drugs.................................. 588
Molluscan Shellfish (OR)................................ 351
Montana Sheep Institute................................. 574
Multi-commodity Research (OR)........................... 356
Multi-cropping Strategies for Aquaculture (HI).......... 110
National Beef Cattle Genetic Evaluation Consortium (NY). 786
National Biological Impact Assessment Program (VA)...... 253
National Center for Soybean Technology (MO)............. 948
Nematode Resistance Genetic Engineering (NM)............ 140
Nevada Arid Rangelands Initiative (NV).................. 484
New Crop Opportunities (AK)............................. 447
New Crop Opportunities (KY)............................. 730
Nursery, Greenhouse, Turf Specialities (AL)............. 275
Oil Resources from Desert Plants (NM)................... 213
Organic Cropping (WA)................................... 362
Organic Waste Utilization (NM).......................... 94
Oyster Post Harvest Treatment (FL)...................... 450
Ozone Air Quality (CA).................................. 404
Pasture and Forage Research (UT)........................ 225
Peach Tree Short Life (SC).............................. 267
Perrenial Wheat (WA).................................... 142
Pest Control Alternatives (SC).......................... 271
Phytophthora Root Rot (NM).............................. 183
Pierce's Disease (CA)................................... 2,088
Plant, Drought, and Disease Resistance Gene Cataloging
(NM)................................................ 235
Potato Research......................................... 1,509
Precision Agriculture (KY).............................. 680
Preharvest Food Safety (KS)............................. 193
Preservation and Processing Research (OK)............... 200
Protein Utilitzation (IA)............................... 811
Rangeland Ecosystem (NM)................................ 284
Regional Barley Gene Mapping Project (OR)............... 688
Regionalized Implications of Farm Programs (MO, TX)..... 766
Rice Agronomy (MO)...................................... 214
Ruminant Nutrition (MT, ND, SD, WY)..................... 474
Rural Development Centers (LA, ND)...................... 232
Rural Obesity (NY)...................................... 189
Rural Policies Institute (NE, IA, MO)................... 1,215
Russian Wheat Aphid (CO)................................ 292
Seafood Harvesting, Processing and Marketing (AK)....... 1,067
Seafood and Aquaculture Harvesting, Prcessing and
Marketing (MS)...................................... 269
Seafood Safety (MA)..................................... 439
Seed Research (AK)...................................... 358
Seed Technology (SD).................................... 357
Small Fruit Research (OR, WA, ID)....................... 425
Soil and Environmental Quality (DE)..................... 283
Southwest Consortium for Plant Genetics and Water
Resources (NM)...................................... 376
Soybean Cyst Nematode (MO).............................. 708
Soybean Research (IL)................................... 963
STEEP III--Water Quality in Northwest................... 645
Sudden Oak Death (CA)................................... 94
Sustainable Agriculture (CA)............................ 519
Sustainable Agriculture (MI)............................ 387
Sustainable Agriculture and Natural Resources (PA)...... 192
Sustainable Beef Supply (MT)............................ 945
Sustainable Engineered Materials from Renewable Sources
(VA)................................................ 608
Swine and Other Animal Waste Management (NC)............ 470
Tick Borne Disease Prevention (RI)...................... 144
Tillage, Silviculture, Waste Management (LA)............ 428
Tri-state Joint Peanut Research (AL).................... 567
Tropical Aquaculture (FL)............................... 213
Tropical and Subtropical Research/T-Star................ 9,474
Uniform Farm Management Program (MN).................... 283
Value-added Product Development from Agriculture
Resources (MT)...................................... 408
Virtual Plant Database Enhancement Project (MO)......... 711
Viticulture Consortium (NY, CA, PA)..................... 1,850
Water Conservation, (KS)................................ 75
Water Use Efficiency and Water Quality Enhancements (GA) 474
Weed Control (ND)....................................... 387
West Nile Virus (IL).................................... 500
Wetland Plants (LA)..................................... 567
Wheat Genetic Research (KS)............................. 246
Wheat Sawfly Research (MT).............................. 525
Wine Grape Foundation Block (WA)........................ 325
Wood Utilization (OR, MS, NC, MN, ME, MI, ID, TN, AK,
WV)................................................. 6,285
Wool Research (TX, MT, WY).............................. 300
--------------------------------------------------------
____________________________________________________
Subtotal, Special Research Grants................. 121,284
========================================================
____________________________________________________
Improved Pest Control:
Expert IPM Decision Support Systsem................. 158
Integrated Pest Management.......................... 2,439
Minor Crop Pest Management (IR-4)................... 11,235
Pest Management Alternatives........................ 1,448
--------------------------------------------------------
____________________________________________________
Total, Improved Pest Control...................... 15,280
========================================================
____________________________________________________
Total, Special Research Grants.................... $136,564
The conference agreement provides $3,000,000 for Graduate
Fellowship Grants instead of $4,500,000 as proposed by the
House, and $2,883,000 as proposed by the Senate.
The conference agreement provides $5,645,000 for Hispanic
Education Partnership Grants as proposed by the House instead
of $4,645,000 as proposed by the Senate.
The conference agreement provides $1,148,000 for Dietary
Intervention in Ohio. Of this amount, $735,000 is provided for
Ohio State University and $413,000 is for the University of
Toledo.
The conference agreement provides $316,000 for the
Alliance for Food Protection. Of this amount, $158,000 shall be
used to continue integrated fruit and vegetable research at the
University of Georgia.
The conference agreement provides $1,108,000 for
alternative salmon products research. Of this amount, $443,000
shall be used to continue research into and development of baby
food containing salmon.
The conference agreement provides $1,549,000 for the Food
and Agriculture Policy Research Institute. Of that amount,
$79,000 shall be used to fund the Center for Agricultural and
Trade Policies for the Northern Plains Region at North Dakota
State University.
The conference agreement provides $1,790,000 for berry
research. Of this amount, $1,400,000 shall be used for
nutraceutical research at the University of Alaska-Fairbanks.
The conference agreement provides $528,000 for the
Midwest Advanced Food Marketing Alliance in Nebraska. Of this
amount, $98,000 shall be used for food allergens research to be
conducted at the University of Nebraska-Lincoln Food Allergy
Research & Resource Program.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The conference agreement provides $12,000,000 for the
Native American Institutions Endowment Fund as proposed by both
the House and Senate.
EXTENSION ACTIVITIES
The conference agreement provides $449,225,000 for
extension activities instead of $440,349,000 as proposed by the
House and $443,061,000 as proposed by the Senate.
The conference agreement includes bill language for the
following: West Virginia State University as proposed by the
Senate instead of West Virginia State College as proposed by
the House; $1,981,000 for payments for rural health and safety
education as proposed by the Senate; and, $2,667,000 for grants
to youth organizations as proposed by the Senate.
The following table reflects the conference agreement:
Cooperative State Research, Education, and Extension Service--extension
activities
[Dollars in thousands]
FY 2005 Conference
Smith-Lever Sections 3(b) and 3(c)...................... $277,742
Smith-Lever Section 3(d):
Farm Safety......................................... 4,600
Food and Nutrition Education (EFNEP)................ 58,909
Indian Reservation Agents........................... 1,774
Pest Management..................................... 10,000
Sustainable Agriculture............................. 4,100
Youth at Risk....................................... 7,538
Youth Farm Safety Education and Certification....... 444
--------------------------------------------------------
____________________________________________________
Total Section 3(d) Programs....................... 87,365
========================================================
____________________________________________________
1890 Colleges and Tuskegee.............................. 33,133
1890 Facilities Grants (Sec. 1447)...................... 16,912
Renewable Resources Extension Act (RREA)................ 4,093
Rural Health and Safety Education....................... 1,981
Extension Services at the 1994 Institutions............. 3,273
Grants to Youth Organizations........................... 2,667
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 427,166
========================================================
____________________________________________________
Federal Administration and Special Grants:
Ag in the Classroom................................. 736
Agricultural and Entrepreneurship Education (WI).... 241
Alabama Beef Connection............................. 393
Beef Producers Improvement (AR)..................... 182
Conservation Technology Transfer (WI)............... 467
Dairy Education (IA)................................ 231
Dairy Industry Revitalization (WI).................. 300
Diabetes Detection, Prevention (WA)................. 1,093
E-commerce (MS)..................................... 334
Efficient Irrigation (NM, TX)....................... 2,179
Enterpreneurial Alternatives (PA)................... 336
Extension Specialist (MS)........................... 133
Food Animal Residue Avoidance Database (FARAD)...... 812
Food Preparation and Marketing (AK)................. 334
Food Product Development (AK)....................... 476
General Administration.............................. 5,842
Health Education Leadership (KY).................... 850
Iowa Vitality Center................................ 250
National Center for Agriculture Safety (IA)......... 243
National Wild Turkey Federation..................... 225
Nursery Production (RI)............................. 297
Nutrition Enhancement (WI).......................... 973
Ohio-Israel Agriculture Initiative.................. 569
Oquirrh Institute................................... 284
Pilot Technology Transfer (OK, MS).................. 300
Pilot Technology Transfer (WI)...................... 233
Potato Pest Management (WI)......................... 379
Range Improvement (NM).............................. 234
Resilient Communities (NY).......................... 131
Rural Business Enhancement (WI)..................... 190
Rural Development (AK).............................. 688
Rural Development (NM).............................. 351
Rural Technologies (HI, WI)......................... 312
Urban Horticulture (WI)............................. 817
Urban Market Development (NY)....................... 275
Web-based Agriculture Classes (MO).................. 179
Wood Biomass as an Alternative Farm Product (NY).... 190
--------------------------------------------------------
____________________________________________________
Total, Federal Administration..................... 22,059
========================================================
____________________________________________________
Total, Extension Activities....................... 449,225
Within funds provided for the farm safety program, the
conference agreement includes $4,600,000 for the AgrAbility
project as proposed by the House instead of $3,312,000 as
proposed by the Senate.
The conference agreement provides $736,000 for Ag in the
Classroom. Of that amount, no less than $125,000 shall be used
to expand efforts in Illinois to promote consumption of healthy
foods and proper school nutrition.
The conference agreement provides $973,000 for nutrition
enhancement. Of this amount, $25,000 shall be used for a
cooperative agreement with the Research Institute of Family
Health and Wellness at Marywood University in Scranton,
Pennsylvania.
INTEGRATED ACTIVITIES
The conference agreement provides $55,153,000 for
integrated activities instead of $66,255,000 as proposed by the
House and $57,242,000 as proposed by the Senate.
The following table reflects the conference agreement:
Cooperative State Research, Education, and Extension Service--integrated
activities
[Dollars in thousands]
FY 2005 conference
Water Quality........................................... $12,971
Food Safety............................................. 14,967
Regional Pest Management Centers........................ 4,200
Crops at Risk from FQPA Implementation.................. 1,400
FQPA Risk Mitigation Program for Major Food Crop Systems 4,500
Methyl Bromide Transition Program....................... 3,131
Organic Transition Program.............................. 1,889
International Science and Education Grants Program...... 1,000
Critical Issues Program................................. 750
Regional Rural Development Centers Program.............. 1,345
Homeland Security, Food and Agriculture Defense
Initiative.......................................... 9,000
--------------------------------------------------------
____________________________________________________
Total, Integrated Activities...................... 55,153
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
The conference agreement provides $5,935,000 for Outreach
for Socially Disadvantaged Farmers as proposed by both the
House and Senate.
Office of the Under Secretary for Marketing and Regulatory Programs
The conference agreement provides $721,000 for the Office
of the Under Secretary for Marketing and Regulatory Programs as
proposed by the House instead of $733,000 as proposed by the
Senate.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
The conference agreement provides $814,623,000 for the
Animal and Plant Health Inspection Service (APHIS) instead of
$831,823,000 as proposed by the House and $786,866,000 as
proposed by the Senate.
The conferees direct that projects identified in House
Report 108-193, Senate Report 108-107, and House Report 108-401
that were directed to be funded in fiscal year 2004 are not
funded for fiscal year 2005 unless specifically mentioned in
this conference report and the reports of the House and Senate
that accompany this Act. Further, the conferees direct APHIS
not to redirect funding for programs and activities without
prior notification to and approval by the House and Senate
Committees on Appropriations in accordance with the
reprogramming procedures specified in this Act.
The following table reflects the conference agreement:
Animal and Plant Health Inspection Service
[In thousands of dollars]
Program Conference recommendation
Pest and Disease Exclusion:
Agricultural quarantine inspection.................. $25,292
Cattle ticks........................................ 6,720
Foreign animal diseases/FMD......................... 8,740
Fruit fly exclusion and detection................... 58,343
Import-export inspection............................ 12,874
Screwworm........................................... 27,374
Trade issues resolution management.................. 12,578
Tropical bont tick.................................. 425
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Exclusion................. 152,346
========================================================
____________________________________________________
Plant and Animal Health Monitoring:
Animal health monitoring & surveillance............. 145,082
Animal and plant health regulatory enforcement...... 9,382
Bio Surveillance.................................... 2,000
Emergency management systems........................ 12,968
Pest detection...................................... 27,132
--------------------------------------------------------
____________________________________________________
Total, Plant & Animal Health Monitoring........... 196,564
========================================================
____________________________________________________
Pest and Disease Management:
Aquaculture......................................... 1,255
Biological control.................................. 9,429
Boll weevil......................................... 47,500
Brucellosis......................................... 10,356
Chronic wasting disease............................. 18,839
Emerging plant pests................................ 101,567
Golden nematode..................................... 801
Grasshopper and Mormon cricket...................... 5,528
Gypsy moth.......................................... 4,768
Imported fire ant................................... 2,148
Johnes disease...................................... 18,740
Low pathogen avian influenza........................ 23,000
Noxious weeds....................................... 1,991
Pink bollworm....................................... 2,150
Plum pox............................................ 3,471
Pseudorabies........................................ 4,350
Scrapie............................................. 17,768
Tuberculosis........................................ 14,937
Wildlife services operations........................ 73,756
Witchweed........................................... 1,523
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Management................ 363,877
========================================================
____________________________________________________
Animal Care:
Anilam welfare...................................... 16,618
Horse protection.................................... 497
--------------------------------------------------------
____________________________________________________
Total, Animal Care................................ 17,115
========================================================
____________________________________________________
Scientific and Technical Services:
Biosecurity......................................... 1,988
Information technology infrastructure............... 4,589
Biotechnology regulatory services................... 9,504
Environmental Compliance............................ 2,624
Plant methods development labs...................... 8,381
Veterianary biologics............................... 15,513
Veterinary diagnostics.............................. 20,575
Wilflife services methods development............... 17,428
--------------------------------------------------------
____________________________________________________
Total, Scientific and Technical Services.......... 80,602
========================================================
____________________________________________________
Contingency fund........................................ 4,119
========================================================
____________________________________________________
Physical security....................................... 0
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses...................... 814,623
The conferees provide the following increases in the
APHIS salaries and expenses account for new and enhanced
activities related to the Food and Agriculture Defense
Initiative: $33,197,000 for a national animal identification
program, $3,600,000 for state cooperative agreements,
$2,000,000 for biosurveillance, $2,500,000 for the control of
select agents, $2,303,000 for the National Veterinary Vaccine
Bank, $8,641,000 for BSE testing, and $2,900,000 for the
national animal laboratory network.
Animal Health Monitoring and Surveillance.--The
conference agreement includes $145,082,000 for Animal Health
Monitoring and Surveillance. Within that amount, the conference
agreement provides an increase of $33,197,000 for the National
Animal Identification System (NAIS) and includes bill language
naming the amount and requiring a report on the system
components. The conferees note that, in addition, the Secretary
transferred $18,792,997 from the Commodity Credit Corporation
for animal identification in April 2004.
The conference agreement includes not less than
$2,000,000 for a cooperative agreement with the Wisconsin
Department of Agriculture, Trade and Consumer Protection to
continue work carried out by the Wisconsin Livestock
Identification Consortium.
The conferees provide $600,000 for the Farm Animal
Identification and Records (FAIR) program. Both the Wisconsin
consortium and the FAIR project should also be eligible to
apply for additional cooperative agreement funding for animal
identification, which is funded within the NAIS total.
The conference agreement provides the full increase
requested, $8,641,000 over the fiscal year 2004 level, for
activities related to Bovine Spongiform Encephalopathy (BSE).
In addition, the conferees note that the Department has
available $69,900,000, which the Secretary transferred in March
2004 from the Commodity Credit Corporation (CCC) to fund an
intensive BSE surveillance and testing program. That funding
will allow APHIS to conduct testing for approximately 268,000
animals within a 12 to 18 month period starting June 1, 2004;
as of November 9, 2004, APHIS has tested 106,484 cattle. The
conferees note that the CCC-transferred amount will cover all
BSE testing during that timeframe.
The conference agreement includes: $300,000 to assist in
creating a database of North Carolina's agriculture industry
for rapid response capabilities; funding of the New Mexico
Rapid Syndrome Validation Program at $450,000 to support early
detection of pathogens in animals and prevent their spread;
$300,000 for Iowa State's work regarding risk assessments of
genetically modified agricultural products; $746,000 for an
alkaline digester for the Ohio Agriculture Research and
Development Center in Wooster, Ohio; and $298,000 to address
bio-safety issues relating to antibiotic-resistant strains of
bacteria in Vermont.
The conference agreement includes increases of $3,600,000
for cooperative agreements with states and $1,900,000 for
cooperative agreements as part of the National Animal Health
Laboratory Network.
Import-Export Inspection.--The conferees provide
$12,874,000 for import-export inspection, including an increase
of $1,000,000 for select agents, and an increase of $500,000
for a cooperative agreement with the California County Pest
Detection Augmentation Program.
Emerging Plant Pests.--The conference agreement includes
an increase of $8,469,000 above the amount available in fiscal
year 2004. The conferees provide $36,578,000 for citrus canker
eradication; $23,190,000 for Pierce's Disease/Glassy-winged
sharpshooter; $5,000,000 for Emerald Ash borer; $3,000,000 for
Sudden Oak Death; and $29,168,000 for the Asian long-horned
beetle. The conferees provide $100,000 of funding for hydrilla
eradication around Smith Mountain Lake in Virginia, and Lake
Gaston in Virginia and North Carolina. Funding for Karnal bunt,
olive fruit fly, and miscellaneous pests continue at the fiscal
year 2004 level.
The conferees expect the Secretary to utilize authorities
and resources of the Commodity Credit Corporation (CCC) to
provide assistance in response to animal and plant health
threats.
Johne's Disease.--The conference agreement provides
$18,740,000 for Johne's Disease. From within that amount, the
conference agreement provides the fiscal year 2004 funding
level to continue cooperative agreements with the Wisconsin
Department of Agriculture, Trade and Consumer Protection.
Low Pathogenic Avian Influenza.--The conferees provide
$23,000,000 for activities relating to the prevention, control,
and eradication of Low Pathogenic Avian Influenza (LPAI) to
remain available until expended. Within the total amount,
$12,000,000 is for indemnities, $3,000,000 is for surveillance
activities, up to $2,000,000 is for reagents and costs of
administering tests, and up to $2,000,000 is for live bird
market closure for disinfection, as needed. Full funding for
other LPAI activities that were included in the budget request
is included in the total. The conferees are concerned that
LPAI, which appears to be endemic in certain live bird markets
in urban areas, could mutate into highly pathogenic forms. To
prevent this from happening, a robust surveillance and control
system in both commercial poultry industries and live bird
markets is important. The conferees believe that industry
cooperation and program fairness will be maximized through the
indemnification of losses.
Wildlife Services Operations.--The conferees direct that,
other than funding for the specific items noted in this
statement, the funds provided in the Wildlife Services
Operations line item are available for general operations
needs.
The conferees do not concur with the President's request
to reduce funding in the Wildlife Services account to allow
cooperators to assume a larger share of the costs associated
with these activities.
The conferees provide $1,215,000 for wolf predation
management, of which $1,065,000 is for Wisconsin, Minnesota,
and Michigan, and $150,000 is for New Mexico and Arizona. The
conference agreement does not include separate funding for
Minnesota, as proposed by the House.
The conference agreement continues funding for the
following projects: $300,000 for beaver management in North
Carolina; $250,000 for crop and aquaculture losses in southwest
Missouri; $625,000 for game bird predation work with the
University of Georgia; $100,000 for predation wildlife services
in western Virginia; $120,000 for blackbird control in
Louisiana; $1,300,000 for predator control programs in Montana,
Idaho, and Wyoming; $1,000,000 for wildlife services in Texas;
$150,000 for beaver management and damage in Wisconsin;
$515,000 for brown tree snake management in Guam; $310,000 for
Hawaii and Guam operations; $300,000 for sandhill cranes in
Idaho; $50,000 for control of feral hogs in Missouri;
$1,000,000 for cormorant control in New York; $150,000 for
cormorant control in Michigan; $100,000 for cormorant control
in the Lake Champlain basin; $750,000 for wildlife service
operations with the South Dakota Department of Game, Fish, and
Parks to meet the growing demands of controlling predatory,
nuisance, and diseased animals; $550,000 for the management of
beavers in Mississippi; $335,000 to continue control measures
for minimizing blackbird damage to sunflowers in North Dakota
and $33,000 for those purposes in South Dakota; $120,000 for
blackbird management efforts in Louisiana; $174,000 for Kansas
blackbird control; $247,000 for the Jack Berryman Institute,
Utah; $199,000 for beaver control in Kentucky; $325,000 for
Delta states operations; $199,000 for geese control in New
York; $249,000 for the New Hampshire State operations; and
$474,000 for the Nevada Division of Wildlife. The conferees do
not provide $50,000 for the Cooperative Livestock Protection
Program in Pennsylvania as proposed by the Senate.
The conference agreement includes $21,850,000 for a
cooperative oral rabies vaccination program. This amount
includes an increase of $1,000,000, of which not less than
$420,000 is directed to go to the state of Florida for bait and
related costs.
Emergency management systems.--The conference agreement
includes $12,968,000 for emergency management systems, which
includes a total of $4,000,000 for emergency coordinators and a
total of $3,000,000 to establish a vaccine bank.
Pest Detection.--The conference agreement includes
$1,500,000 for select agents, $200,000 for a remote sensing,
hyperspectral imaging and light detection and ranging project;
and an increase of $1,000,000 for surveys through the
Cooperative Agricultural Pest Surveys system.
Chronic wasting disease.--For chronic wasting disease,
the conferees provide $18,839,000. The conferees direct that of
this amount $1,750,000 is for Wisconsin and $250,000 is for
Alaska. Funding for Utah and the Conservation Medicine Center
of Chicago remains at fiscal year 2004 levels.
Veterinary Diagnostics.--The conferees provide an
increase of $1,000,000 for the National Animal Health
Laboratory Network, as requested. The conferees do not continue
the funding for equipment needs recommended in the Senate
report.
Wildlife Services Methods Development.--The conference
agreement includes $17,428,000 for wildlife services methods
development. Within that amount, the conferees provide $400,000
in funding for the National Wildlife Research Station in
Kingsville, Texas, to address emerging infectious disease
issues associated with wildlife populations; $498,000 for the
Jack Berryman Institute, Utah, for addressing wildlife damage
management issues; and $352,000 to continue research efforts at
the National Wildlife Research Center field station in
Starkville, MS, for resolving problems regarding bird damage to
aquaculture farms in the Southeast.
Agricultural Quarantine Inspection.--For fiscal year
2005, the conferees provide $25,292,000 for the AQI
appropriated account to conduct preclearance quarantine
inspections. The conferees have included the fiscal year 2004
funding level for interline activities in Hawaii as proposed by
the Senate, assume the reduction of $1,246,000 due to one-time
equipment purchases, and provide an increase of $490,000 for
the National Germplasm Laboratory.
Boll Weevil Eradication.--The conferees provide
$47,500,000 for fiscal year 2005 to continue the Boll Weevil
Eradication Program, as proposed by the Senate instead of
$47,000,000 as proposed by the House.
Brucellosis.--The conferees provide an increase of
$114,000 above the fiscal year 2004 level for the brucellosis
program. This amount continues funding at the fiscal year 2004
level for Montana to protect the State's brucellosis-free
status and for the operation of the bison quarantine facility
and the testing of bison that surround Yellowstone National
Park.
Noxious Weeds.--The conferees provide $1,991,000 for the
noxious weeds account. This amount includes $199,000 for the
Nez Perce Bio-control Center to increase the availability and
distribution of biological control organisms used in an
integrated weed management system, and $298,000 for the Kiski
Basin Initiative.
The conference agreement provides continued funding at
the fiscal year 2004 level for an invasive species program to
prevent the spread of cogongrass in Mississippi, and requests
that the agency take necessary steps to address this invasive
weed as a regional infestation problem.
Fruit fly exclusion and detection.--The conferees include
$58,343,000 for fruit fly exclusion and detection, a $1,000,000
increase over the fiscal year 2004 level. Of the increase,
$100,000 is for Texas.
Grasshopper and mormon cricket.--The conference agreement
includes $5,528,000 for grasshopper and mormon cricket control.
Of this amount, no less than $1,000,000 is for activities in
Utah and funding for Nevada is at no less than the fiscal year
2004 level for survey, control and eradication activities.
Pierce's Disease/Glassy-winged Sharpshooter.--The
conferees strongly object to the recent decision of the Office
of Management and Budget (OMB) to deny funding that the
Secretary identified as necessary to combat the glassy-winged
sharpshooter and to contain Pierce's Disease. The conferees
note that OMB's decision to deny this funding has needlessly
increased the serious threat posed by Pierce's Disease to
California's multi-billion dollar wine and grape industries,
constituted an unwelcome intrusion upon the Secretary's
exercise of discretion, and was in total disregard of the fact
that 33 Members of Congress supported the Secretary's request
for these funds. The conferees further note that OMB's decision
in this matter contradicted the direction provided to OMB by
Congress in fiscal year 2004 to ``disregard any arbitrarily
imposed cost-share requirements.'' Accordingly, the conferees
strongly encourage OMB to approve the $5.2 million USDA
requested for efforts to combat Pierce's Disease.
The conferees recognize the work conducted in Texas
related to the glassy-winged sharpshooter, and direct the
Department to continue this work.
Vine Mealy Bug.--The conferees are concerned about the
effect of the vine mealy bug (Planoccocus ficus) on grapes.
Over 900,000 acres of grapes are threatened by this pest. The
conferees encourage APHIS to appropriately address this
emerging threat through the funds available to the agency.
The conferees direct the agency to initiate a cooperative
agreement with the Louisiana Department of Wildlife and
Fisheries for development of diagnostics related to disease
affecting the domestic alligator industry.
The conferees have included language under the Office of
the Secretary to address concerns that the veterinary
diagnostic work conducted at Plum Island, New York, remains
focused on agriculture.
BUILDINGS AND FACILITIES
The conference agreement provides $4,967,000 for Animal
and Plant Health Inspection Service Buildings and Facilities as
proposed by the Senate instead of $4,996,000 as proposed by the
House.
Agricultural Marketing Service
MARKETING SERVICES
The conference agreement provides $75,698,000 for the
Agricultural Marketing Service instead of $75,892,000 as
proposed by the House and $78,198,000 as proposed by the
Senate.
The conferees do not include Senate bill language or
funding under this section for a web-based supply chain
management system, but the conference agreement does provide
funding for this system under the section 32 account.
The conferees provide $2,000,000 for activities relating
to organic standards. The conferees continue to encourage AMS
to use this funding to finalize the hiring of an executive
director for the National Organic Standards Board (NOSB), to
create a Peer Review Panel to oversee the USDA accreditation
process for organic certifiers, and to improve scientific
technical support for the NOSB. The conferees also encourage
AMS to regularly collect and report agricultural price trends
in the organic industry.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement provides $64,459,000 as proposed
by both the House and Senate.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
The conference agreement provides $15,800,000 for Funds
for Strengthening Markets, Income, and Supply as proposed by
the House and Senate.
The conferees are aware that farmed salmon imports have
undercut the market for Alaska wild salmon creating a domestic
surplus of wild pink salmon. The conferees encourage the
Department to use all existing authorities under the section 32
program to purchase surplus domestic salmon and stabilize the
domestic salmon industry. The conferees are aware that section
32 funds have been used to assist food producers affected by
adverse market conditions caused by an imbalance of supply and
demand.
The conferees strongly encourage the Department to begin
development of the Web-based Supply Chain Management System,
which will benefit the programs of the Agricultural Marketing
Service, the Farm Service Agency, and the Food and Nutrition
Service, as well as enhancing food distribution to schools and
other feeding outlets. Administrative expenses to support
section 32 purposes are expressly allowed, and section 32
funds, accordingly, should be used to fund support computer
systems. The conferees believe that all of the cost of the Web-
based Supply Chain Management System should be financed from
section 32. The first phase of the system should be funded at
no less than $10,000,000, as included in the Commodity Purchase
Support line in the following table.
Section 32
FY 2005 conference
Appropriation (30% of Customs Receipts)................. $6,030,964,691
Less Transfers:
Food and Nutrition Service.......................... -5,152,962,000
Commerce Department................................. -77,538,934
--------------------------------------------------------
____________________________________________________
Total, Transfers.................................. -5,230,500,934
========================================================
____________________________________________________
Budget Authority........................................ 800,463,757
Unobligated Balance Available, Start of Year............ 408,050,634
Recoveries of Prior Year Obligations.................... 0
Rescission.............................................. -163,000,000
--------------------------------------------------------
____________________________________________________
Available for Obligation................................ 1,045,514,391
========================================================
____________________________________________________
Less Obligations:
Commodity Procurement:
Child Nutrition Programs (Entitlement Commodities).. 400,000,000
State Option Contract............................... 5,000,000
Removal of Defective Commodities.................... 1,000,000
Emergency Surplus Removal........................... 73,865,287
Disaster Relief..................................... 332,202,000
Estimated Future Needs.............................. 196,415,104
--------------------------------------------------------
____________________________________________________
Total, Commodity Procurement...................... 1,008,482,391
========================================================
____________________________________________________
Administrative Funds:
Commodity Purchase Support.......................... 21,232,000
Marketing Agreements and Orders..................... 15,800,000
--------------------------------------------------------
____________________________________________________
Total, Administrative Funds....................... 37,032,000
========================================================
____________________________________________________
Total Obligations................................. 1,045,514,391
Unobligated Balance Available, End of Year.............. 0
Payments to States and Possessions
The conference agreement provides $3,847,000 for Payments
to States and Possessions as proposed by the Senate instead of
$1,347,000 as proposed by the House.
The conference agreement includes bill language and
funding for a specialty markets grant as proposed by the
Senate.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
The conference agreement provides $37,299,000 for the
Grain Inspection, Packers and Stockyards Administration as
proposed by the Senate instead of $37,540,000 as proposed by
the House.
The conference agreement provides an increase of
$1,000,000 for budgeted increases including IT security and
BSE-related activities.
The conference agreement includes $500,000 to continue
the product verification protocols pilot program, in
conjunction with the Missouri, Illinois, and Iowa Corn Growers
Associations. The pilot program is to establish controls for
regulated seed varieties and augment grain marketing.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The conference agreement provides $42,463,000 as proposed
by the House and Senate.
Office of the Under Secretary for Food Safety
The conference agreement provides $595,000 for the Office
of the Under Secretary for Food Safety as proposed by the House
instead of $608,000 as proposed by the Senate.
Food Safety and Inspection Service
The conference agreement provides $823,760,000 for the
Food Safety and Inspection Service, instead of $824,746,000 as
proposed by the House and $823,757,000 as proposed by the
Senate.
The conferees include bill language, as proposed by the
Senate, regarding full-time equivalent positions for
inspections and enforcement of laws and regulations related to
the Humane Methods of Slaughter Act.
The conference agreement includes bill language to
provide $3,000,000 for the Humane Animal Tracking System, a
component of the Field Automation and Information Management
System (FAIM). These funds will remain available until
September 30, 2006. The conferees direct FSIS to provide notice
to the Committees on Appropriations prior to obligating funds
for this purpose, with details on specific costs associated
with this action, a schedule for incorporation, and how this
action will benefit enforcement of the Humane Methods of
Slaughter Act regulations.
The conference agreement includes $20,653,000 for
regulatory and scientific training.
The conferees provide the following increases:
$17,267,000 for frontline inspectors and humane slaughter
enforcement; $3,000,000 for surveillance related to Bovine
Spongiform Encephalopathy; $7,153,000 for entry-level training
for field employees, food safety regulatory essentials
training, and biosecurity training; $2,100,000 for
biosurveillance; $2,000,000 for the Food Emergency Response
Network (FERN); $1,500,000 for FERN data systems; and $350,000
for microbiological baseline studies, bringing total funding
for this activity to $2,000,000.
The conferees commend FSIS for beginning to include
photographs of recalled products and website addresses of
manufacturers in recall press release notices. The conferees
urge FSIS to continue to do this to the greatest extent
possible and also to ask manufacturers if they will voluntarily
provide information on retail outlets of recalled products for
inclusion on the FSIS press release, so that consumers may
readily locate them.
Food Safety and Inspection Service, funding by activity
[In thousands of dollars]
Food Safety & Inspection:
Federal............................................. $742,305
State............................................... 52,175
International....................................... 19,335
Codex................................................... 2,726
FAIM Project............................................ 7,219
--------------------------------------------------------
____________________________________________________
Total............................................. 823,760
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The conference agreement provides $631,000 for the Office
of the Under Secretary for Farm and Foreign Agricultural
Services as proposed by the House instead of $648,000 as
proposed by the Senate.
Farm Service Agency
SALARIES AND EXPENSES
The conference agreement provides $1,007,597,000 for the
Farm Service Agency instead of $1,060,471,000 as proposed by
the House and $1,004,032,000 as proposed by the Senate. The
conferees direct that of this amount $854,000 shall be for
additional salaries and expenses to carry out disaster
assistance related activities.
STATE MEDIATION GRANTS
The conference agreement provides $4,000,000 for State
Mediation Grants, as proposed by the House and Senate.
DAIRY INDEMNITY PROGRAM
The conference agreement provides $100,000 for the Dairy
Indemnity Program, as proposed by the House and Senate.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
The following table reflects the conference agreement:
Farm Ownership Loans:
Direct.............................................. ($210,000,000)
Subsidy............................................. 11,235,000
Guaranteed.......................................... (1,400,000,000)
Subsidy............................................. 7,420,000
Farm Operating Loans:
Direct.............................................. (650,000,000)
Subsidy............................................. 65,585,000
Unsubsidized Guaranteed............................. (1,100,000,000)
Subsidy............................................. 35,530,000
Subsidized guaranteed............................... (285,000,000)
Subsidy............................................. 37,934,000
Indian tribe land acquisition....................... (2,000,000)
Subsidy............................................. 105,000
Boll weevil eradication............................. (100,000,000)
Subsidy............................................. 0
ACIF expenses:
Salaries and expenses (transfer to FSA)............. 293,764,000
Administrative expenses............................. 8,000,000
Risk Management Agency
The conference agreement provides $72,044,000 for the
Risk Management Agency as proposed by the House and the Senate.
Federal Crop Insurance Corporation Fund
The conference agreement provides an appropriation of
such sums as may be necessary for the Federal Crop Insurance
Corporation Fund (estimated to be $4,095,128,000 in the
President's fiscal year 2005 Budget Request), as proposed by
the House and Senate.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
The conference agreement provides an appropriation of
such sums as may be necessary for Reimbursement for Net
Realized Losses of the Commodity Credit Corporation (estimated
to be $16,452,377,000 in the President's fiscal year 2005
Budget Request), as proposed by the House and Senate.
Hazardous Waste Management
The conference agreement provides a limitation of
$5,000,000 for Hazardous Waste Management, as proposed by the
House and Senate.
TITLE II--CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The conference agreement provides $741,000 for the Office
of the Under Secretary for Natural Resources and Environment
instead of $731,000 as proposed by the House and $758,000 as
proposed by the Senate.
The conferees direct the Natural Resources Conservation
Service (NRCS) to provide the Committees on Appropriations a
report no later than 90 days after enactment of this Act
detailing the steps necessary and the funds required to
complete the Kagman watershed project in the Northern Mariana
Islands.
The conference agreement directs the NRCS to provide
funding from within the Mississippi Wetland Reserve Program
allocation to restore catfish ponds to functioning wetlands in
order to reduce flooding, improve water quality, and provide
habitat for aquatic wildlife.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The conference agreement includes $837,360,000 for
Conservation Operations, instead of $854,132,000 as proposed by
the House and $845,863,000 as proposed by the Senate. The
agreement includes statutory language to make the funds in this
account available until June 30, 2006, instead of the funds
remaining available until expended, as proposed by the Senate.
The Committee provides $23,500,000 for the Grazing Lands
Conservation Initiative, $10,500,000 for snow surveys,
$14,433,000 for Plant Materials Centers, and $87,196,000 for
the Soil Surveys Program.
Misuse of discretionary funds.--The conferees are
concerned about the misuse of discretionary conservation
technical assistance funds. The fiscal year 2004 instructions
to State Conservationists from the Chief of NRCS, state, ``Your
fiscal and performance responsibilities include . . . Assuring
that all planning that occurs before the approval of an
application for Farm Bill conservation programs is charged to
Conservation Technical Assistance (CTA), but charge the
planning that occurs after the application has been approved
(contract planning) to the benefiting program . . .''. This
instruction is in clear violation of provisions of Public Law
108-199, which are restated in this Act, directing that none of
the funds made available to NRCS may be used to provide
technical assistance ``with respect to programs listed in
section 1241(a) of the Food Security Act of 1985.'' The Office
of the General Counsel has opined that the language is clear in
its prohibition of the use of discretionary CTA funds for Farm
Bill conservation programs. The NRCS is directed to provide the
Committees on Appropriations with a detailed accounting of all
CTA funds that were used for Farm Bill conservation programs at
any point in fiscal years 2003 and 2004, including the amounts
and dates of any charges made to CTA during the planning
process before application approval, by January 15, 2005.
State funding allocations.--The conferees are concerned
that funding allocations to the States are being reduced in
proportion to Congressional earmarks funded in the Conservation
Operations account. The conferees direct the Chief of the NRCS,
in making the fiscal year 2005 Conservation Operations funding
allocations to the States, to treat Congressional earmarks as
additions to the States' funding allocation. The conferees
direct the NRCS to provide a report to the Committees on
Appropriations, not later than 45 days after the enactment of
this Act, including the following: fiscal year 2004
Conservation Operations Allocation by State, fiscal year 2005
Conservation Operations Allocation by State, the fiscal year
2005 Congressional Earmarks by State, and the Total
Conservation Operations Allocation by State.
Projects identified with a specific dollar amount in
House Report 108-401 that were directed to be funded by the
conferees for fiscal year 2004 or identified with a specific
dollar amount in House Report 108-584 or Senate Report 108-340
are not funded for fiscal year 2005, unless specifically
mentioned herein.
The conferees direct NRCS to obligate the funds for the
projects named within this account within 45 days of enactment,
and to provide a report within 60 days of enactment to the
Committees on Appropriations regarding those obligations, and
specifically noting any projects for which funding has been
delayed beyond 45 days and the reason for the delay.
The following funds are directed to be used in
cooperative agreements continued with the same cooperator
entities as in the fiscal year 2004 agreements, unless
otherwise noted.
Cooperative agreement between the Alabama Department of
Conservation and Natural Resources and the Alabama Wildlife
Federation for conservation education in Millbrook, Alabama--
$450,000; Obtain/evaluate materials for cold region seeds of
plants in conjunction w/ Alaska Division of Agriculture (AK)--
$315,000; Native Plant Materials (evaluating and developing)
(AK)--$315,000; GIS-based mapping/hyperspectral imaging of
agriculture lands (AK)--$400,000; NRI pilot development (AK)--
$1,200,000; Cooperative agreement w/ Soil and Water
Conservation District (AK)--$1,500,000; National Water
Management Center (AR)--$2,612,500; Little Red River Irrigation
Project (AR)--$399,000; Study to determine logistics of
transportation/coordination of excess nutrient management
(AR)--$225,000; East Valley Conservation District/Santa Ana
Watershed Authority Non-native Plant Removal (CA) --$1,000,000;
Monterey Bay Sanctuary (CA)--$600,000; Cooperative agreement
with the Municipal Water District of Orange County,
California--$100,000; Cooperative agreement w/ Tufts University
to improve conservation practices (CT)--$480,000; Pilot
projects for technology systems resulting in nutrient reduction
(FL)--$5,500,000; Manatee Agriculture Reuse System (FL)--
$2,000,000; Lake Okeechobee Watershed project planning (FL)--
$310,000; Suwannee, Dixie, and Lafayette Counties dairy and
poultry waste treatment (FL)--$280,000; Cooperative agreement
w/Green Institute (FL)-- $340,000; Implementation of pilot
projects for nutrient reducing waste treatment systems (FL)--
$720,000; Georgia Soil and Water Conservation Commission
Cooperative Agreement (GA)--$3,600,000; Community nutrient
management facilities (GA)--$350,000; PMC for Native Plants to
clean up the Island of Kahoolawe (HI)--$108,000; Molokai
Agriculture Community Committee (HI)--$250,000; Agricultural
development/resource conservation--Molokai (HI)--$740,000;
Idaho One Plan (ID)--$200,000; Conversion to sprinkler
irrigation--Minidoka (ID)--$950,000; Basalt and ground water
protection project (ID)--$275,000; Ecological site description
project w/ ID Association of Conservation Districts (ID)--
$300,000; Trees Forever Program (IL)--$100,000; Iroquois River
watershed (IL)--$468,000; Illinois River Agricultural
Conservation Project w/ Ducks Unlimited (IL)--$244,000;
Wildlife habitat education program in conjunction w/National
Wild Turkey Federation (IL)--$244,000; Cooperative agreement
with Kane County, Illinois, for Blackberry Creek watershed
(IL)--$360,000; Illinois River Basin--EQIP; Hungry Canyon/Loess
Hills Erosion Control/Western Iowa (IA)--$1,200,000; Trees
Forever Program (IA)--$100,000; CEMSA w/ Iowa Soybean
Association (IA)--$431,500; Cooperative agreement w/ Northern
Iowa University (IA)--$450,000; Innovative environmental
technology program (IN)--$650,000; Soil erosion control cost-
share program/soil survey program (KY)--$2,800,000; Technical
assistance to provide grants to Soil Conservation Districts in
Kentucky (KY)--$940,000; Cooperative agreement w/ Western
Kentucky University (KY)--$400,000; Dairy waste remediation-
Lake Ponchartrain Basin (LA)--$295,000; Cooperative agreement
w/ LSU on effectiveness of agriculture and forestry (LA)--
$336,500; False River sedimentation/Bayou Grosse (LA)--
$150,000; Chesapeake Bay activities (MD)--$6,000,000;
Conservation related to cranberry production (MA/WI)--$570,000;
Weed It Now--Taconic Mountains (MA/NY/CT)--$200,000; Great
Lakes pilot program for conservation (MI)--$575,000;
Mississippi Conservation Initiative (MS)--$2,500,000; Delta
Water Resources Study (MS) $700,000; Delta Conservation
Demonstration Center, Washington County (MS) $1,400,000; Soil
erosion/Alcorn State (MS)--$175,000; Cattle and nutrient
management in stream crossings (MS)--$900,000; Choctaw County
feasibility study for surface impoundment (MS)--$230,000;
Wildlife Management Institute (MS)--$5,813,000; Humphrey's
County Hospital flood protection (MS)--$125,000; Drainage
improvements/Hinds County (MS)--$250,000; Drainage
improvements, Port Gibson, (MS)--$397,000; Rankin County-
Richland Creek Watershed (MS)--$250,000; Rankin County erosion
control project, Mill Creek (MS)--$225,000; Upper White River
Water Quality Project in southern Missouri (MO)--$391,500; Lake
Tahoe Basin Soil Conservation Project (NV/CA)--$500,000; Great
Basin Land and Water study (NV)--$300,000; State conservation
cost share program (NJ)--$950,000; Riparian restoration
activities along Rio Grande and Pecos River (NM)--$540,000;
Pastureland Management/Rotational Grazing (NY)--$600,000; Best
management practices/Skaneateles and Owasco Watersheds (NY)--
$325,000; Address non-point pollution in Onondaga and Oneida
Lake Watersheds (NY)--$500,000; Phase II/Watershed Agriculture
Council in Walton (NY)--$700,000 of which $80,000 is for
monitoring the easements purchased by the Council's Whole Farm
Easement Program; Pace University Land Use Law Center (NY)--
$200,000; technical assistance to address water quality
problems in Sodus Bay watershed, Wayne County (NY)--$250,000;
New York State Agriculture and Environment Management Program
(NY)--$800,000; Long Island Sound watershed initiative (NY)--
$200,000; Erosion control/stabilization for Hudson River
shoreline (NY)--$250,000; Technical assistance to livestock/
poultry industry (NC)--$450,000; West Cary Watershed and
Farmland Protection Project (NC)--$300,000; Red River Flood
Prevention/Energy and Environmental Research Center (ND)--
$1,000,000; North Central Planning Council water utilization/
Devil's Lake (ND)--$350,000; Maumee Watershed Hydrological
Study and Flood Mitigation Plan (OH)--$1,000,000; Oregon
Garden, Silverton (OR)--$325,000; Native grassland demo project
in the vicinity of Tar Creek (OK)--$2,350,000; Pawcatuck
Watershed (RI)--$500,000; Study to characterize land use change
while preserving natural resources in cooperation with Clemson
University (SC)--$1,200,000; GIS based Model to integrate
commodity and conservation (SC)--$900,000; Bexar, Medina,
Uvalde Counties irrigation in Edwards Aquifer (TX)--$500,000;
Field office telecommunications pilot program/advanced soil
survey methods (TX)--$2,400,000; Leon River Restoration project
(TX)--$100,000; Range vegetation pilot project, Ft. Hood (TX)--
$500,000; a cooperative agreement with the Texas Water
Resources Institute to implement a watershed protection plan
for Tarrant County (TX)--$500,000; AFO/CAFO Pilot Project
(UT)--$300,000; Dry Creek/Neff's Grove project (UT)--
$1,050,000; Study to examine effects of vegetative manipulation
on water yields w/ Utah State (UT)--$625,000; Washington Fields
(UT)--$1,125,000; Utah Conservation Initiative (UT)--
$1,000,000; Reduce phosphorus loading into Lake Champlain
(VT)--$295,000; Pilot farm viability program project (VT)
$233,500; Walla Walla watershed alliance (WA)--$500,000;
Design/implement natural stream restoration initiatives (WV)--
$785,000; Soil survey geographic database in the Mid-Atlantic
Highlands (WV)--$190,000; Poultry Litter Composting (WV)--
$160,000; Potomac and Ohio River Basin Soil Nutrient Project
(WV)--$300,000; Appalachian Small Farmer Outreach Program
(WV)--$860,000; GIS Center of Excellence at West Virginia
University (WV)--$4,418,500; Grazing Lands Initiative/Wisconsin
Department of Ag (WI)--$950,000; Examine benefits of using
vegetative buffers w/ Univ. of Wisconsin--Madison (WI)--
$550,000; Conservation land internship program (WI)--$114,000;
Wisconsin Tribal Conservation Advisory Committee cooperative
agreement (WI)--$287,500; Cooperative agreement w/Sand County
Foundation (WI)--$1,050,000; University of Wisconsin
cooperative agreement on conservation tech transfer (WI)--
$300,000; Cooperative agreement with Pioneer Farm (WI)--
$300,000; Soil survey mapping project (WY)--$300,000; Audubon
at Home Pilot Program--$500,000; Great Lakes Basin Program for
Soil & Erosion Sediment--$2,500,000; On-Farm Management Systems
Evaluation Network--$200,000; Watershed management demo
program/NPPC--$548,000; National Fish and Wildlife Foundation
Partnerships--$3,000,000; Source water protection project to
States showing greatest need--$3,250,000; and Operation Oak
Program to restore hardwoods--$350,000.
The conferees provide $900,000 for the continued
development of a geographic information system database in
South Carolina to integrate commodity and conservation program
data at the field level for watershed analysis and other
purposes as the agency deems appropriate. The conferees
encourage the agency to consider the designation of the
University of South Carolina Earth Sciences Resources Institute
as an Information Technology Center of Excellence.
The conferees recognize that the High Plains Aquifer,
with the Ogallala Aquifer as its most important component, lies
beneath eight States and is the primary source of water for all
reported uses in western Kansas. The conferees are aware that
the aquifer is depleting at alarming rates and absent
conservation efforts could be dry within two decades. The
conferees urge the agency to give consideration to the use of
ground and surface water funding for projects in Kansas that
will conserve this aquifer.
The conferees support the preservation of the last
tallgrass prairie in North America, most of which is located in
the Flint Hills region of Kansas. The conferees recognize that
the tallgrass prairie provides rich ranching lands, open
spaces, and habitat for a diverse assemblage of plants and
animals. The conferees urge the agency to give consideration to
the use of all appropriate funding sources for projects in
Kansas that will preserve and protect this unique area.
Edwards Aquifer.--The conferees encourage the Agency to
provide technical and financial assistance to the Edwards
Aquifer Authority, San Antonio Water Systems, and other local
entities, regarding plugging of wells to address pollution
concerns.
The conferees appreciate previous efforts by NRCS to
conserve sage grouse habitat in the western United States. The
conferees encourage the agency to use no less than $5,000,000
in fiscal year 2005 to enhance its efforts on sage grouse
habitat conservation. Additionally, NRCS should consider using
such funds on public land grazing leases in addition to private
lands.
Plant Materials Centers.--The conference agreement
provides funding to complete construction of the Fallon,
Nevada, Plant Materials Center, $1,500,000, and of the storage
facility at the Alaska Plant Materials Center, $1,350,000. The
conference agreement provides funding for the Kika de la Garza
Plant Materials Center at no less than the fiscal year 2004
level, to continue the work conducted at the Center.
WATERSHED SURVEYS AND PLANNING
The conference agreement provides $7,083,000 for
Watershed Surveys and Planning instead of $11,083,000 as
proposed by the House and $7,500,000 as proposed by the Senate.
The conferees are concerned that additional watershed
surveys and planning work is being initiated at a time when
ongoing planning is not being completed in a timely manner, and
the backlog for watershed project implementation and
construction continues to mount. The conferees direct the Chief
of NRCS to evaluate and rank planning efforts in order to fund
and complete the most promising projects based upon merit, and
notify the Committees on Appropriations of the selected
watershed projects.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The conference agreement provides $75,576,000 for
Watershed and Flood Prevention Operations instead of
$86,487,000 as proposed by the House and $64,000,000 as
proposed by the Senate.
The conferees include bill language which limits the
amount spent on technical assistance to not more than
$35,000,000.
The conferees include funding to complete the next phase
of projects listed in the House and Senate reports.
WATERSHED REHABILITATION PROGRAM
The conference agreement provides $27,500,000 for the
Watershed Rehabilitation Program instead of $30,091,000 as
proposed by the House and $25,000,000 as proposed by the
Senate.
The conferees direct that funding under this program be
provided for rehabilitation of structures determined to be of
high priority need in order to protect property and ensure
public safety.
RESOURCE CONSERVATION AND DEVELOPMENT
The conference agreement provides $51,641,000 for
Resource Conservation and Development as proposed by the House
instead of $50,760,000 as proposed by the Senate.
The conferees include bill language as proposed by the
House that directs the Secretary to enter into an agreement
with a national association related to the Resource
Conservation and Development program, and directs that such an
agreement must maintain the same matching, contribution
requirements and funding set forth in previous agreements.
The conferees also include bill language that limits
funding for national headquarters activities as proposed by the
House.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The conference agreement provides $632,000 for the Office
of the Under Secretary for Rural Development as proposed by the
House instead of $645,000 as proposed by the Senate.
The conferees direct the Under Secretary to give
consideration to the following projects or organizations
requesting financial and/or technical assistance, and grants
and/or loans made available under the Rural Development mission
area: Las Lomas Colonia, Starr County (TX), park and youth
center; City of Benevides (TX), infrastructure for town park;
City of Penitas (TX), development of wildlife park; City of Rio
Grande City (TX), improvements for neighborhood pocket park;
water and waste disposal loans for Pojoaque Pueblo (NM); and
Union-Lincoln Regional Water Supply Initiative (LA), for
alternative water supply program.
The conferees expect the Under Secretary to approve these
projects only when such applications are judged to be
meritorious when subject to established review procedures.
The conference agreement includes a general provision
(Section 793) that provides $2,250,000 to assist in the
establishment of pilot cooperative healthcare purchasing
alliances for farmers, ranchers, small businesses and non-
profit organizations in Wisconsin and Minnesota. The conferees
expect the Department to provide the grant within 60 days of
enactment of this Act to the Wisconsin Federation of
Cooperatives, of which $2,000,000 is for the establishment of a
stop loss fund and of which $250,000 is for administrative
expenses, including actuarial studies.
RURAL COMMUNITY ADVANCEMENT PROGRAM
The conference agreement provides $716,049,000 for the
Rural Community Advancement Program (RCAP) instead of
$668,408,000 as proposed by the House and $733,360,000 as
proposed by the Senate.
The conference agreement provides $89,180,000 for rural
community programs; $552,689,000 for rural utilities programs,
of which $1,000,000 is for grants to nonprofit organizations to
finance construction, refurbishing, and servicing of
individually-owned household water well systems in rural areas,
and of which $500,000 is for revolving funds for financing
water and wastewater projects; and $74,180,000 is for rural
business and cooperative development programs.
The conference agreement provides $25,000,000 for loans
and grants to benefit Federally Recognized Native American
Tribes.
The conference agreement provides $4,500,000 for
community facilities grants to tribal colleges.
The conference agreement provides $6,350,000 for the
Rural Community Development Initiative.
The conference agreement provides $1,000,000 for grants
to the Delta Regional Authority for any Rural Community
Advancement Program purpose.
The conference agreement provides $18,250,000 for
technical assistance grants for rural water and waste systems.
The conference agreement provides $5,600,000 for the
Rural Community Assistance Programs, of which $800,000 shall be
for a qualified national Native American Organization to
provide technical assistance for rural water systems for tribal
communities.
The conference agreement provides $13,500,000 for a
circuit rider program.
The conference agreement provides $26,000,000 for rural
and Native villages in Alaska.
The conference agreement provides $21,000,000 for
facilities in rural communities with extreme unemployment and
severe economic depression.
The conference agreement provides $28,000,000 to be
transferred to the Rural Utilities Service, High Energy Cost
Grants Account.
The conference agreement does not include $200,000 for
predevelopment planning grants from the Rural Community
Development Initiative.
The conferees expect the Department to continue Rural
Community Advancement Program predevelopment planning grants.
The conferees encourage the Department to provide a rural
business enterprise grant for the Tioga County Rural Economic
Area Partnership Zone to coordinate and facilitate local
community development projects in Tioga County, New York.
The following table indicates the distribution of funding
for the RCAP:
Community Facilities.................................... $89,180,000
Business-Cooperative Development........................ 74,180,000
Water and Waste......................................... 552,689,000
--------------------------------------------------------
____________________________________________________
Total............................................. 716,049,000
========================================================
____________________________________________________
Directed spending:
Federally Recognized Native American Tribes......... 25,000,000
Rural Community Development Initiative.............. 6,350,000
Technical Assistance for Rural Transportation....... 750,000
Delta Regional Authority............................ 1,000,000
Colonias............................................ 25,000,000
Alaska Villages..................................... 26,000,000
Technical Assistance................................ 18,250,000
Circuit Rider....................................... 13,500,000
EZ/EC and REAP...................................... 22,166,000
Economic Impact Initiative Grants................... 21,000,000
High Energy Cost Grants............................. 28,000,000
RCAP................................................ 5,600,000
Nonprofit individually-owned water well grants...... 1,000,000
Water and Wastewater Revolving Funds................ 500,000
Tribal Colleges..................................... 4,500,000
RURAL DEVELOPMENT SALARIES AND EXPENSES
The conference agreement provides $148,452,000 for Rural
Development Salaries and Expenses instead of $171,250,000 as
proposed by the House and $143,452,000 as proposed by the
Senate.
The conferees provide an increase of $5,000,000 within
the Rural Development Salaries and Expenses account to be used
to complete the consolidation of St. Louis Rural Development
activities at the Goodfellow facility. The conferees further
request the Department to provide the Committees on
Appropriations a report on the status of the consolidation
within 60 days after enactment of this Act.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
The conference agreement provides a total subsidy of
$228,256,000 for activities under the Rural Housing Insurance
Fund Program Account instead of $230,030,000 as proposed by the
House and $228,847,000 as proposed by the Senate.
The conference agreement provides for an estimated loan
program level of $4,720,843,000 instead of $4,686,906,000 as
proposed by the House and $4,157,691,000 as proposed by the
Senate.
The conference agreement provides for a transfer of
$448,342,000 to salaries and expenses as proposed by the Senate
instead of $448,889,000 as proposed by the House.
The conference agreement includes a provision authorizing
housing funds initially allocated to Alaska to be available
until September 30, 2006.
The conference agreement does not include bill language
restricting the section 515 rental housing program to repair
and rehabilitation.
The conferees include a general provision (Section 726)
to increase the guarantee fee for the guaranteed single-family
housing loan program to two percent. The conferees are
concerned that in fiscal years 2003 and 2004, the Rural Housing
Service needed to exercise the Secretary's interchange
authority to transfer additional budget authority to avoid
shutting down the guaranteed loan program. The fiscal year 2005
President's budget request included only a small increase in
loan level above the appropriated fiscal year 2004 level.
Raising the guarantee fee to two percent will allow this
guarantee loan program to more effectively use its budget
authority.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Housing Insurance Fund Program Account
Loan authorizations:
Single family (sec. 502)............................($1,150,000,000)
Unsubsidized guaranteed............................. (3,309,297,000)
Housing repair (sec. 504)........................... (35,000,000)
Rental housing (sec. 515)........................... (100,000,000)
Site loans (sec. 524)............................... (5,045,000)
Multi-family housing guarantees..................... (100,000,000)
Multi-family housing credit sales................... (1,501,000)
Single family housing credit sales.................. (10,000,000)
Self help housing land development.................. (10,000,000)
--------------------------------------------------------
____________________________________________________
Total, Loan authorizations........................ (4,720,843,000)
========================================================
____________________________________________________
Loan subsidies:
Single family (sec. 502)............................ 133,170,000
Unsubsidized guaranteed............................. 33,608,000
Housing repair (sec. 504)........................... 10,171,000
Rental housing (sec. 515)........................... 47,090,000
Site loans (sec. 524)............................... --
Multi-family housing guarantees..................... 3,490,000
Multi-family housing credit sales................... 727,000
Single family housing credit sales.................. --
Self help housing land development.................. --
--------------------------------------------------------
____________________________________________________
Total, Loan subsidies............................. 228,256,000
========================================================
____________________________________________________
RHIF administration expenses (transfer to RD)........... 448,342,000
RENTAL ASSISTANCE PROGRAM
The conference agreement provides $592,000,000 for the
Rental Assistance Program as proposed by the House instead of
$585,900,000 as proposed by the Senate.
MUTUAL AND SELF-HELP HOUSING GRANTS
The conference agreement provides $34,000,000 for Mutual
and Self-Help Housing Grants as proposed by the House and
Senate.
RURAL HOUSING ASSISTANCE GRANTS
The conference agreement provides $43,992,000 for Rural
Housing Assistance Grants instead of $42,500,000 as proposed by
the House and $46,992,000 as proposed by the Senate.
The conferees provide $3,000,000 for the preservation of
the section 515 multi-family housing portfolio. The conferees
encourage the Secretary to issue a Notice of Funding
Availability within 90 days of enactment of this Act. The
Secretary should give funding priority to entities with equal
or greater matching funds, including housing tax credits for
rural housing assistance. Additional priority should be
provided to entities with experience in the administration of
revolving loan funds and the preservation of multi-family
housing.
The conference agreement provides $1,800,000 for
Empowerment Zones and Enterprise Communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
FARM LABOR PROGRAM ACCOUNT
The conference agreement provides $34,118,000 for the
Farm Labor Program Account instead of $36,765,000 as proposed
by the House and $31,471,000 as proposed by the Senate.
The conference agreement provides $38,500,000 for an
estimated loan program level, $18,118,000 for loan subsidies,
and $16,000,000 for grants.
Rural Business-Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
The conference agreement provides an estimated loan
program level of $34,213,000 with a subsidy of $15,868,000 for
the Rural Development Loan Fund as proposed by the House and
Senate.
The conference agreement provides for a transfer of
$4,316,000 to the Rural Development salaries and expenses
account as proposed by the Senate instead of $4,321,000 as
proposed by the House.
The conference agreement includes $3,449,000 for
Mississippi Delta Region counties, of which up to $1,500,000 is
for the Delta Regional Authority.
RURAL ECONOMIC DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
The conference agreement provides an estimated loan
program level of $25,003,000 for the Rural Economic Development
Loan Fund Program Account with a subsidy of $4,698,000 as
proposed by the House and Senate to remain available until
expended.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The conference agreement provides $24,000,000 for Rural
Cooperative Development Grants as proposed by the Senate
instead of $23,500,000 as proposed by the House.
The conference agreement provides $15,500,000 for value-
added agricultural product market development grants.
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
The conference agreement provides $12,500,000 for Rural
Empowerment Zones and Enterprise Communities Grants as proposed
by the Senate instead of $11,419,000 as proposed by the House.
The conference agreement includes bill language providing
that $1,000,000 shall be for third round empowerment zones.
Renewable Energy Program
The conference agreement provides $23,000,000 for the
Renewable Energy Program as proposed by the House instead of
$20,000,000 as proposed by the Senate.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
The conference agreement provides a total subsidy of
$5,158,000 for activities under the Rural Electrification and
Telecommunications Loans Program Account. The conference
agreement provides for an estimated loan program level of
$4,840,000,000 as proposed by the House and Senate.
The conference agreement provides for a transfer of
$38,277,000 to the Rural Development salaries and expenses
account as proposed by the Senate instead of $38,323,000 as
proposed by the House.
The conferees are concerned by the Department's
reprogramming of the Rural Electrification and
Telecommunications Loan Program in fiscal year 2004. The
program levels are estimates, not limitations, and the affected
direct loan program levels had negative subsidy rates in fiscal
year 2004. If the program levels with negative subsidy rates in
this account are insufficient to meet the expected demand, the
program level should be increased with no offset to another
program level. The Committees on Appropriations continue to
require notification of any reprogramming and expect that all
loan level reprogramming be consistent with this paragraph.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Electrification and Telecommunications Loans Program Account
Loan authorizations:
Electric:
Direct, 5 percent............................... ($120,000,000)
Direct, Muni.................................... (100,000,000)
Direct, FFB..................................... (2,000,000,000)
Direct, Treasury rate........................... (1,000,000,000)
Guaranteed...................................... (100,000,000)
Guaranteed underwriting......................... (1,000,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal...................................... (4,320,000,000)
========================================================
____________________________________________________
Telecommunications:
Direct, 5 percent............................... (145,000,000)
Direct, Treasury rate........................... (250,000,000)
Direct, FFB..................................... (125,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal...................................... (520,000,000)
========================================================
____________________________________________________
Total, loan authorizations.................... (4,840,000,000)
========================================================
____________________________________________________
Loan subsidies:
Electric:
Direct, 5 percent............................... 3,648,000
Direct, Muni.................................... 1,350,000
Guaranteed...................................... 60,000
--------------------------------------------------------
____________________________________________________
Subtotal...................................... 5,058,000
========================================================
____________________________________________________
Telecommunications: Direct, Treasury rate........... 100,000
--------------------------------------------------------
____________________________________________________
Total, loan subsidies............................. 5,158,000
========================================================
____________________________________________________
RETLP administrative expenses (transfer to RD).......... 38,277,000
RURAL TELEPHONE BANK PROGRAM ACCOUNT
The conference agreement provides an estimated loan
program level of $175,000,000 for the Rural Telephone Bank
Program Account as proposed by the House and Senate.
The conference agreement provides for a transfer of
$3,152,000 to the Rural Development salaries and expenses
account as proposed by the House and the Senate.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The conference agreement provides $56,425,000 for the
Distance Learning, Telemedicine, and Broadband Program instead
of $44,594,000 as proposed by the House and $60,064,000 as
proposed by the Senate.
The conference agreement provides for an estimated loan
program level of $50,000,000 for distance learning and
telemedicine and $550,000,000 for broadband telecommunications.
The conference agreement includes $35,000,000 for
distance learning and telemedicine grants, of which $10,000,000
is for public broadcasting system grants. The conference
agreement also includes $710,000 for the distance learning and
telemedicine loan subsidy.
The conference agreement includes $11,715,000 for
broadband telecommunications loan subsidy, and $9,000,000 for
grants.
TITLE IV--DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
The conference agreement provides $595,000 for the Office
of the Under Secretary for Food, Nutrition and Consumer
Services, as proposed by the House, instead of $608,000 as
proposed by the Senate.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
The conference agreement provides $11,782,000,000 for
Child Nutrition Programs, instead of $11,380,557,000, as
proposed by both the House and Senate. Included in the total is
an appropriated amount of $6,629,038,000 and a transfer from
section 32 of $5,152,962,000.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations.
The conference agreement provides the following for Child
Nutrition programs:
Total Obligational Authority
Child Nutrition Programs:
School lunch program................................ $6,794,930,000
School breakfast program............................ 1,925,044,000
Child and adult care food program................... 2,058,976,000
Summer food service program......................... 282,787,000
Special milk program................................ 17,210,000
State administrative expenses....................... 144,878,000
Commodity procurement and computer support.......... 541,858,000
School meals initiative/Team nutrition.............. 10,025,000
Food safety education............................... 1,000,000
Coordinated review effort........................... 5,235,000
Program pay cost.................................... 57,000
--------------------------------------------------------
____________________________________________________
Total............................................. 11,782,000,000
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The conference agreement provides $5,277,250,000 for the
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC), instead of $4,907,250,000 as proposed by the
House, and $5,175,250,000 as proposed by the Senate.
The conference agreement provides an increase of
$190,000,000 above the budget amendment that was submitted July
14, 2004. Within the total provided, the conferees redirect
$37,250,000 from requested initiatives to meet current and
anticipated increases in program participation.
The conference agreement includes $125,000,000 for a
contingency reserve fund, to be allocated as the Secretary
deems necessary, as proposed by the Senate. The conference
agreement does not include statutory language designating the
amount as an emergency requirement.
The conference agreement does not include bill language
that sets aside $5,000,000 for childhood obesity and
$20,000,000 for State management information systems.
FOOD STAMP PROGRAM
The conference agreement provides $35,154,554,000 for the
Food Stamp Program, instead of $33,635,798,000 as proposed by
the House and $33,641,798,000 as proposed by the Senate.
Included in this amount is a reserve of $3,000,000,000, to
remain available until September 30, 2006.
In addition to the $3,000,000,000 in the reserve, the
conference agreement includes $30,499,527,000 for program
expenses, $1,515,027,000 for grants to Puerto Rico and Samoa,
and $140,000,000 for commodity purchase for The Emergency Food
Assistance Program.
The conference agreement includes a provision allowing
for purchase of bison meat, in an amount not to exceed
$4,000,000, for the Food Distribution Program on Indian
Reservations.
COMMODITY ASSISTANCE PROGRAM
The conference agreement provides $178,797,000 for the
Commodity Assistance Program as proposed by the House, instead
of $172,081,000, as proposed by the Senate.
Within that amount, the conference agreement provides
$107,716,000 for the Commodity Supplemental Food Program, as
proposed by the House.
The conference agreement includes a provision allowing
the Secretary to determine what form of special assistance
would go towards supporting the nuclear affected islands in
this account.
The conferees provide $50,000,000 for administration--
processing, storage, transport, and distribution--of The
Emergency Food Assistance Program (TEFAP). The conference
agreement includes a general provision (Section 739) that
provides the Secretary with authority to transfer up to
$10,000,000 from TEFAP commodity purchases to administration.
NUTRITION PROGRAMS ADMINISTRATION
The conference agreement provides $139,937,000 for
Nutrition Programs Administration, instead of $133,742,000 as
proposed by the House, and $142,592,000 as proposed by the
Senate. The conference agreement does not include funding for
the requested initiatives as proposed by the Senate.
The conference agreement does not include language
regarding WIC-only stores, as proposed by the House.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
The conference agreement provides $137,822,000 for the
Foreign Agricultural Service, Salaries and Expenses instead of
$137,722,000 as proposed by the House and $139,162,000 as
proposed by the Senate.
The conference agreement includes the following
increases: $1,759,000 for ICASS; $1,565,000 to offset the
increased costs in overseas currency rates; $490,000 for
overseas telecommunications; $516,000 for capital surcharge;
and $600,000 for technical assistance for the promotion of
specialty crop exports.
Public Law 480 Title I and Title II Program and Grant Accounts
The conference agreement provides $94,198,000 for Title I
loan subsidies for a loan level of $109,000,000 as proposed by
the Senate instead of $86,420,000 for Title I loan subsidies
and a loan level of $100,000,000 as proposed by the House.
The conference agreement includes bill language providing
that the Secretary of Agriculture may implement a commodity
monetization program under existing provisions of the Food for
Progress Act of 1985 to provide no less than $5,000,000 in
local-currency funding support for rural electrification
overseas as proposed by the House.
The conference agreement provides $22,723,000 for Ocean
Freight Differential Grants as proposed by the House and the
Senate.
The conference agreement provides $1,182,501,000 for
Public Law 480 Title II Grants instead of $1,180,002,000 as
proposed by the House and $1,185,000,000 as proposed by the
Senate.
The following table reflects the conference agreement for
Public Law 480 program accounts:
Public Law 480
Title 1--Program account:
Loan authorization, direct.......................... ($109,000,000)
Loan subsidies...................................... 94,198,000
Ocean freight differential.......................... 22,723,000
Title II--Commodities for disposition abroad:
Program level....................................... (1,182,501,000)
Appropriation....................................... 1,182,501,000
Salaries and expenses:
Foreign Agricultural Service (transfer)............. 1,097,000
Farm Service Agency (transfer)...................... 2,937,000
Commodity Credit Corporation Export Loans Program Account
The conference agreement provides $4,423,000 for the
Commodity Credit Corporation Export Loans Program Account as
proposed by the Senate instead of $4,473,000 as proposed by the
House.
McGovern-Dole International Food for Education and Child Nutrition
Program Grants
The conference agreement provides $87,500,000 for
McGovern-Dole International Food for Education and Child
Nutrition Program Grants instead of $75,000,000 as proposed by
the House and $100,000,000 as proposed by the Senate.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The conference agreement provides total appropriations,
including Prescription Drug User Fee Act, Medical Device User
Fee Act, and Animal Drug User Fee Act collections, of
$1,788,478,000 for the salaries and expenses of the Food and
Drug Administration, instead of $1,788,849,000, as proposed by
the House and $1,791,599,000 as proposed by the Senate, and
provides specific amounts by FDA activity as reflected in the
following table.
FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Prescription Medical
Program Budget drug user device user Animal drug Total
authority fees fees user fees
----------------------------------------------------------------------------------------------------------------
Foods......................................... 439,038 ............ ........... ........... 439,038
Human Drugs................................... 293,839 204,808 ........... ........... 498,647
Biologics..................................... 124,104 40,441 8,169 ........... 172,714
Animal Drugs and Feeds........................ 91,216 ............ ........... 7,748 98,964
Medical Devices............................... 216,699 ............ 18,379 ........... 235,078
National Center for Toxicological Research.... 40,530 ............ ........... ........... 40,530
Other Activities.............................. 87,936 23,738 4,061 235 115,970
Rent and Rent-related Activities.............. 54,036 3,000 686 ........... 57,722
Rental Payments to GSA........................ 114,394 12,407 2,643 371 129,815
-----------------------------------------------------------------
Total Recommendation.................... 1,461,792 284,394 33,938 8,354 1,788,478
----------------------------------------------------------------------------------------------------------------
The conference agreement also makes mammography user fees
and export certification user fees available to the agency.
Within the total funding for the Food and Drug
Administration, the following increases above the fiscal year
2004 level are provided: $35,500,000 for activities related to
food safety and food defense, as proposed by the Senate,
instead of $43,367,000 as proposed by the House; $8,325,000 for
activities related to BSE, as proposed by the House and Senate;
$25,555,000 for medical device review, as proposed by the
Senate, instead of $23,055,000 as proposed by the House;
$5,000,000 for medical countermeasures to ensure preparedness
in the event of war or catastrophic events, as proposed by the
House and Senate; and $15,628,000 for relocation expenses
related to the move of the Center for Drug Evaluation and
Research offices to the consolidated White Oak campus, instead
of $10,628,000 as proposed by the House and $20,628,000 as
proposed by the Senate.
In addition, the conference agreement includes increases
above the budget request for the following: $1,200,000 for
Orphan Product Grants, instead of $1,800,000 as proposed by the
House; $325,000 for the Office of Women's Health, as proposed
by the House; $250,000 for the Food Technology Evaluation
Laboratory at New Mexico State University, as proposed by the
Senate; and $300,000 for additional activities relating to the
vaccine for influenza.
The conferees note the intense public interest in two
recent events related to prescription drug safety--the changes
ordered in anti-depressant drug labels and the September 2004
withdrawal of a widely-prescribed painkiller. The conferees are
aware that FDA has undertaken a number of steps in response to
concerns raised about drug safety in the aftermath of those
incidents, including commissioning a study by the Institute of
Medicine (IOM) on how FDA handles drug safety issues. The
conferees direct FDA to regularly advise the Committees about
any changes that FDA anticipates regarding drug safety, and to
provide the Committees with regular progress reports on the IOM
review and with a copy of the IOM report as soon as it is
completed.
The conferees find it necessary to remind the Food and
Drug Administration that the Committees on Appropriations
perform critical oversight functions for the agency. The
ultimate expression of this oversight is the funding decisions
for the agency and accompanying language in the statement of
managers. The conferees expect that Members of Congress will be
provided requested information from FDA so that the Committees
can perform their oversight function. It is insupportable that
in some cases FDA has given information about major policy
matters to the press before providing the same information to
Congress. The conferees expect FDA to be fully cooperative with
all Congressional oversight activities.
The conferees direct that no less than $14,392,000 be
available for grants and contracts awarded under Section 5 of
the Orphan Drug Act.
The conferees appreciate receiving the detailed
information provided in the Explanatory Notes prepared by the
Department of Health and Human Services, Food and Drug
Administration, and rely heavily on this information when
considering budget proposals. These materials have
traditionally been prepared for the sole use of the Committees
on Appropriations in a format consistent with the organization
and operation of the programs and the structure of the
Appropriations Act. At the direction of the Office of
Management and Budget, agencies have changed the format and
content of these materials to focus on broader goals and
objectives rather than the major program structure followed in
the Act, and in the actual conduct of the programs. The new
organization and content does not present budget information in
a format useful to the deliberations of the Committees. For
fiscal year 2006 and future years, the FDA is directed to
present Explanatory Notes in a format consistent with the
presentation used for the fiscal year 2002 Budget. Any
deviations from that format are to be approved in advance by
the Committees.
The conference agreement also includes savings related to
administrative efficiencies, as proposed in the budget.
The conference agreement does not include language
regarding collection of the fiscal year 2006 Prescription Drug
User Fee Act fees as proposed by the House.
The conferees include a $300,000 increase for the Center
for Biologics Evaluation and Research (CBER) and related field
activities in the Office of Regulatory Affairs for flu vaccine-
related activities. The conferees understand that CBER will be
undertaking a number of additional activities in fiscal year
2005 to secure additional units of flu vaccine for the 2004-
2005 flu season and to ensure an adequate supply of flu vaccine
for the 2005-2006 flu season.
Relocation to White Oak Facility.--The conferees provide
a $15,628,000 budget authority increase and expect that
appropriated user fees will fully fund the additional amount
needed for relocation costs to the White Oak, Maryland,
facility.
National Center for Food Safety and Technology.--The
conferees recognize the contributions which the National Center
for Food Safety and Technology (NCFST) is making toward
ensuring the security of the nation's food supply. The
conferees direct that FDA continue to provide $3,000,000 to
NCFST through the cooperative agreement. The $3,000,000 in
funding shall be exclusive of any additional initiative funds
that FDA may award to NCFST.
Human Drug Compounding.--The conferees do not include the
language in the Senate report on human drug compounding. The
conferees believe that drugs for human use compounded by
pharmacists in response to a practitioner's prescription or
order in conformity with state law should be prepared according
to established guidelines on quality, purity, and strength, and
preparation-specific monographs when they exist. The conferees
also recognize, however, that the nature of compounding and the
medical need it serves makes it impossible for all compounded
medications to be prepared according to pre-existing
monographs, and doing so would infringe on the professional
obligation of a medical practitioner to prescribe the optimal
medications for their patients.
There are existing state laws and official United States
Pharmacopoeia (USP) pharmacy standards which necessitate good
compounding practices. However, the conferees believe it is
desirable to develop additional formal monographs to provide
additional guidance and conformity for doctors, patients and
pharmacists.
Presently, the USP, a national drug standard setting
organization recognized by Congress, has developed a number of
monographs for individual compounded preparations. The
conferees believe that a private sector partnership of involved
organizations with demonstrated expertise regarding pharmacist
compounding of preparations for humans should be expeditiously
established to help assure a significant expansion of USP
monographs and other relevant guidelines.
The conferees believe that the FDA should assist in the
establishment of the private sector partnership to commence the
expansion of available monographs relevant to pharmacist
compounding of drugs for humans. The conferees encourage the
FDA to request adequate funding in the fiscal year 2006 budget
request to support this effort at increasing the number of
formal monographs.
Nothing in this statement regarding human drug
compounding should be interpreted to change or impact in any
way the existing state and federal regulatory roles regarding
compounding.
Alpha-1 Antitrypsin Deficiency.--The conferees commend
FDA for the progress made in bringing two additional plasma
based therapies to market for the treatment of the progressive
degenerative lung disease Alpha-1. Currently the only treatment
for Alpha-1 is weekly infusions of plasma based augmentation
therapy that is life sustaining and helps these individuals
maintain lung function. Further, the Center for Biologics and
Evaluation and Research (CBER) is recognized for meeting with
consumer stakeholders in efforts to further the development of
next generation therapies. The conferees encourage CBER to
facilitate the development of novel and innovative therapies
for the Alpha-1 community to treat the entire spectrum of
individuals with Chronic Obstructive Pulmonary Disease.
Consolidation and Fees.--The conferees direct the
Department of Health and Human Services (DHHS) to include all
anticipated consolidations that impact FDA in the President's
budget requests submitted to Congress. Further, the conferees
direct that none of the funds made available to FDA in this Act
be used for any assessments, fees, or charges by DHHS unless
such assessments, fees, or charges are identified in the FDA
budget justification and expressly provided by Congress, or
approved by Congress in the official reprogramming process as
required in the General Provisions of this Act.
Biotechnology.--The conferees understand that the FDA
frequently receives requests from foreign governments for FDA
regulators to visit foreign countries to educate regulators on
the evaluation of the safety of biotechnology. Providing
information on the soundness of the U.S. regulatory process
will promote the understanding of the benefits of biotechnology
to human health and the environment and improve the climate for
acceptance of U.S. agricultural products abroad. The conferees
encourage FDA to allocate adequate funding so that agency
representatives may perform this service.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The conference agreement provides $94,327,000 for the
Commodity Futures Trading Commission, instead of $93,327,000 as
proposed by the House and $95,327,000 as proposed by the
Senate.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation of
$42,350,000 on administrative expenses of the Farm Credit
Administration, instead of $42,900,000 as proposed by the House
and $41,800,000 as proposed by the Senate.
TITLE VII--GENERAL PROVISIONS
Section 705. The conference agreement includes language
that allows for unobligated balances to be transferred to the
Working Capital Fund.
Section 710. The conference agreement limits indirect
costs for grants awarded by the Cooperative State Research,
Education, and Extension Service to 20 percent.
Section 714. The conference agreement includes language
for funds to cover necessary expenses related to advisory
committees.
Section 718. The conference agreement includes language
regarding the transfer of funds to the Office of the Chief
Information Officer and information technology funding
obligations.
Section 719. The conference agreement includes language
regarding the reprogramming of funds.
Section 720. The conference agreement includes language
regarding the Initiative for Future Agriculture and Food
Systems.
Section 725. The conference agreement includes language
regarding the National Sheep Industry Improvement Center
revolving fund.
Section 726. The conference agreement includes language
regarding the guaranteed single-family housing loan program
guarantee fee.
Section 727. The conference agreement includes language
that provides that certain locations shall be considered
eligible for certain rural development programs.
Section 728. The conference agreement directs the
Secretary to make commodity tonnage available, to the extent
practicable, to assist foreign countries to mitigate the
effects of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome.
Section 729. The conference agreement includes language
regarding Natural Resources Conservation Service financial and
technical assistance for certain projects in Illinois and
Kentucky and sets limits for that funding.
Section 730. The conference agreement includes language
regarding Natural Resources Conservation Service financial and
technical assistance for certain projects in Arkansas, Alaska,
Illinois, and Utah.
Section 736. The conference agreement allows unobligated
balances within the Department of Agriculture to be used to
reimburse the Office of the General Counsel for certain
services provided.
Section 740. The conference agreement includes language
regarding the Wetlands Reserve Program.
Section 741. The conference agreement includes language
regarding the Environmental Quality Incentives Program.
Section 742. The conference agreement provides the
Secretary of Agriculture with authority to authorize employees
of the Department to carry and use firearms for personal
protection while conducting field work in remote locations.
Section 743. The conference report includes language
regarding the renewable energy program.
Section 744. The conference report includes language
regarding the broadband telecommunications program.
Section 745. The conference agreement prohibits funds in
excess of $20,000,000, to be used to reimburse the Commodity
Credit Corporation for the release of eligible commodities
under the Bill Emerson Humanitarian Trust Act.
Section 746. The conference agreement includes language
regarding the value-added market development program.
Section 748. The conference agreement includes language
regarding Natural Resources Conservation Service financial and
technical assistance to the Dry Creek project, Utah.
Section 749. The conference report includes language
regarding the Conservation Security Program.
Section 750. The conference agreement includes language
regarding the Wildlife Habitat Incentive Program.
Section 751. The conference report includes language
regarding the Farmland Protection Program.
Section 752. The conference report includes assistance
for certain tree losses.
Section 753. The conference agreement includes language
regarding the Rural Business Investment Program.
Section 754. The conference agreement includes language
regarding Public Law 105-264.
Section 755. The conference report includes language
regarding the ground and surface water conservation program.
Section 756. The conference agreement includes language
related to final rulemaking on APHIS cost-sharing.
Section 757. The conference agreement includes language
related to competitive sourcing of rural development or farm
loan programs.
Section 758. The conference agreement gives the Secretary
of Agriculture the authority to enter into cooperative
agreements to lease aircraft.
Section 759. The conference report includes $1,491,000
for the Northern Great Plains Regional Authority and stipulates
that the Federal cost share is 100 percent.
Section 760. The conference agreement includes language
regarding the Bioenergy Program.
Section 761. The conference agreement includes language
regarding the Delta Regional Authority.
Section 762. The conference agreement includes language
that rescinds certain unobligated balances.
Section 763. The conference agreement includes language
regarding the use of discretionary funds for certain purposes.
Section 764. The conference agreement includes language
that rescinds certain unobligated balances.
Section 765. The conference agreement includes a
provision regarding eligibility for housing assistance in
Alaska.
Section 766. The conference agreement includes language
regarding certain conservation programs.
Section 767. The conference agreement provides $1,500,000
to the Denali Commission to address deficiencies in solid waste
disposal sites.
Section 768. The conference agreement includes language
that provides that certain locations shall be considered
eligible for certain rural development programs.
Section 769. The conference agreement includes language
regarding the Agricultural Trade Development and Assistance Act
of 1954.
Section 770. The conference agreement includes a
provision giving the Secretary of Agriculture the authority to
allow Community Facility Program borrowers to enter into
contracts with third parties for necessary services.
Section 771. The conference agreement includes language
regarding the Emergency Watershed Protection Program.
Section 772. The conference agreement includes language
regarding agriculture credits or credit guarantees.
Section 773. The conference agreement includes language
regarding eligibility for the Conservation Reserve Program for
land planted in hardwood trees, and previously enrolled in the
program, to remain enrolled.
Section 774. The conference agreement includes language
regarding the use of funds to restrict to prescription use
certain contraceptives.
Section 775. The conference agreement includes language
that rescinds certain unobligated balances.
Section 776. The conference agreement includes language
regarding privacy protection of certain sellers of farm
products.
Section 777. The conference agreement includes language
regarding a 1994 institution.
Section 778. The conference agreement includes language
that rescinds certain unobligated balances.
Section 779. The conference agreement includes language
regarding the Dakota Value Capture Cooperative.
Section 780. The conference agreement includes language
regarding new WIC-only stores.
Section 781. The conference agreement includes language
that rescinds certain unobligated balances.
Section 782. The conference agreement includes language
that rescinds certain unobligated balances.
Section 783. The conference agreement includes language
allowing use of unobligated balances in certain accounts within
the Rural Utilities Service for the purposes of section 315 of
the Rural Electrification Act of 1936.
Section 784. The conference agreement includes language
regarding the Wildlife Habitat Management Institute.
Section 785. The conference agreement includes language
regarding Livestock Assistance eligibility.
Section 786. The conference agreement includes funding to
carry out provisions of Section 751 of Public Law 108-7.
Section 787. The conference agreement includes funding
for a private lands wildlife management program.
Section 788. The conference agreement includes certain
technical corrections regarding the Child Nutrition Act.
Section 789. The conference agreement includes a
technical correction regarding the Hurricane Disasters
Assistance Act.
Section 790. The conference agreement includes funds for
a certain grant.
Section 791. The conference agreement includes funds for
a certain grant.
Section 792. The conference agreement includes language
that rescinds certain unobligated balances.
Section 793. The conference agreement includes funds for
a certain grant.
Section 794. The conference agreement includes language
regarding EQIP participation.
Section 795. The conference agreement includes funds for
a certain grant.
Section 796. The conference agreement includes language
regarding Child and Adult Care Food Program audit funds.
Section 797. The conference agreement includes language
regarding the Grassland Reserve Program.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $86,761,836
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 83,586,539
House bill, fiscal year 2005............................ 83,670,594
Senate bill, fiscal year 2005........................... 84,053,760
Conference agreement, fiscal year 2005.................. 86,190,567
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. -571,269
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +2,604,028
House bill, fiscal year 2005........................ +2,519,973
Senate bill, fiscal year 2005....................... +2,136,807
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conferees recommend a total of $124,100,000 for
General Administration, Salaries and Expenses, instead of
$97,856,000 as proposed by the House and $141,466,000 as
proposed by the Senate.
The conference agreement includes the following program
increases: $100,000 and 2 positions for the Office of Public
Affairs; $6,592,000 and 30 positions for the Office of
Intelligence Policy and Review; $200,000 for diversity
programs; and $250,000 to enhance attorney recruitment and
retention through the Student Loan Repayment Program.
In addition, the conferees strongly support the request
for the Justice Unified Telecom Network, Public Key
Infrastructure, Enterprise Architecture, Information Sharing
Initiative, Information Technology Project Oversight,
Investment Management, E-gov initiatives, and the Unified
Financial Management System (UFMS). The conference agreement
provides $1,073,000 in additional direct appropriations for the
Chief Information Officer's highest priority needs and an
additional $1,000,000 for the UFMS. The conferees support
additional funding for these initiatives through the recovery
of obligated but unexpended funds transferred to the Working
Capital Fund, or through other sources, subject to section 605
of this Act.
The conferees direct the Department of Justice to provide
quarterly reports describing Department resources dedicated to
Indian Country and the activities of the Indian Gaming Working
Group. Additionally, the Department shall also provide
quarterly reports to Congress detailing efforts to reduce the
violent victimization of Native Americans, including efforts to
reduce murder rates, serious assaults, violence against women,
and child abuse. These reports shall include: the number of
agents assigned to Indian Country; man-hours worked in Indian
Country; the amount and type of training provided; the number
of matters initiated; the number of cases; the number of
subjects/defendants; the number of convictions; and the amount
of restitution ordered.
The conferees adopt by reference the Senate report
language directing the Office of the Chief Information Officer
to evaluate commercially-proven enterprise data warehousing and
analytic systems and to provide a report to the Committees on
Appropriations summarizing the findings on this technology's
applicability to the counterterrorism mission not later than
March 31, 2005.
The conference agreement includes necessary sums to
continue efforts to replace locks used to store classified
information.
The conference agreement adopts by reference the House
report language concerning budget models and directs that the
Department of Justice submit a report, no later than August 1,
2005, describing how the hiring of an investigator impacts the
workload of the U.S. Attorneys, the U.S. Marshals Service, the
Detention Trustee, and the Federal Prison System.
In addition to the concerns stated above, the conferees
have expressed concerns elsewhere in the report about the
rationale underlying the allocation of staffing between the
litigating divisions and the United States Attorneys. The
conferees believe that it is critical that the Department of
Justice take a systemic approach to resource requests and
subsequent allocations. With that in mind, the conferees direct
the Government Accountability Office to initiate a review of
the Department of Justice resource planning and allocation
processes, with particular emphasis on consistency of resource
allocation within the operating year with national law
enforcement priorities, in particular the counterterrorism and
counterintelligence priorities, articulated by the
Administration and supported by the Committees on
Appropriations.
The conference agreement adopts by reference the House
report language concerning fast track programs and directs the
Department of Justice to submit a report within 45 days of
enactment of this Act providing a list of the fast track
programs operating throughout the country, and an estimate of
the resources the Department of Justice saves and the costs
that are avoided by these programs. The report shall also
discuss opportunities to expand fast track programs to other
districts.
The conferees believe that the Department of Justice
needs to coordinate its efforts to address gang-related crimes.
The Department of Justice is directed to submit a report to the
Committees on Appropriations no later than 30 days after
enactment of this Act on how the Department is addressing gang
issues throughout the country.
The conference agreement adopts by reference the House
report language concerning the establishment of an
international law enforcement alliance.
Office of Privacy and Civil Liberties.--The conference
agreement includes not less than $690,000 for the salaries and
benefits of this office including funding for 2 additional
professional staff positions. The conference agreement adopts
by reference the House report language requiring the submission
of a report detailing the specific responsibilities and
authorities of the Office of Privacy and Civil Liberties within
30 days of enactment of this Act. In addition, the Department
of Justice shall report to the Committees on Appropriations
annually on the activities of this office.
Debt Collection.--The Government Accountability Office
recently found that outstanding criminal debt as reported by
the Department of Justice totaled about $25,000,000,000 as of
September 30, 2002, almost double the amount reported by
Justice 3 years earlier. Moreover, the Department of Justice
reported collecting only about $800,000,000 of criminal debt
for fiscal year 2002.
In view of the increase in reported outstanding criminal
debt and low collections of such debt, the conferees are
concerned that the Department of Justice along with other
agencies still has not taken action to develop a strategic plan
for improving criminal debt collection. The conferees
understand one of the reasons for this outstanding criminal
debt is that the Mandatory Victims Restitution Act of 1996
makes restitution mandatory in all violent crimes and most
property crimes regardless of a defendant's ability to pay.
Nevertheless, there appears to be criminal debt that may be
collectible.
To address the large balances of outstanding criminal
debt, the conferees direct the Attorney General to establish a
task force within 90 days of enactment of this Act that
includes other Federal agencies, including, but not limited to,
the Department of the Treasury, the Office of Management and
Budget, and the Administrative Office of the U.S. Courts, to
participate in the task force. Led by the Department of
Justice, the task force will be responsible for developing a
strategic plan for improving criminal debt collection. The
strategic plan shall include specific approaches for better
managing, accounting for, reporting, and collecting criminal
debt. Specifically, the plan shall include steps that can be
taken to better and more promptly identify all collectible
criminal debt so that a meaningful allowancefor uncollectable
criminal debt can be reported and used for measuring debt collection
performance. The conferees direct the Attorney General to report to the
Committees on Appropriations within 180 days of enactment of this Act
on the activities of the task force and the development of a strategic
plan.
Fugitive Apprehension.--In an October 19, 2004, report,
the Department of Justice acknowledges that ``the United States
Marshals Service is the federal government's primary agency for
apprehending fugitives''. While the Department does not
recommend transferring fugitive apprehension activities to the
USMS to ensure continued departmental management flexibility,
it recognizes that USMS fugitive efforts free up resources for
other Federal law enforcement agencies to focus on their core
missions. For example, the report states that for the past 15
years, the USMS has been responsible for the apprehension of
many DEA fugitives, leaving DEA agents free to develop new drug
crime cases.
The conferees are aware that the USMS arrest statistics
far exceed other Federal law enforcement agencies. The
conferees also understand that the statistical success, in
terms of the number of Federal, state, and local warrants
closed, has coincided with the on-going development of the
regional fugitive task forces, showing a benefit of linking
performance with budget. While the conferees recognize the
Department's desire not to consolidate fugitive apprehension
activities under one component, the conferees strongly urge the
Department to update its 1988 memorandum of understanding to
provide greater latitude for the USMS and to promote greater
inter-agency cooperation. The conferees commend the USMS, DEA,
Interpol, and ATF in its continuing efforts to coordinate
investigations.
Joint Automated Booking System
The conference agreement includes $20,185,000 for the
continued operation of the Joint Automated Booking System
(JABS), as proposed by the Senate, instead of $20,000,000 as
proposed by the House.
Automated Biometric Identification System/Integrated Automated
Fingerprint Identification System
The conference agreement includes $5,054,000 for this
account, as provided by the House and Senate.
The conferees are troubled by the security gap on the
nation's borders caused by delays in linking the Automated
Biometrics Identification System (IDENT), the fingerprint
database managed by Customs and Border Protection (CBP) and US
Visitor and Immigrant Status Indicator Technology (US-VISIT),
with criminal history data contained in the Federal Bureau of
Investigation's Integrated Automated Fingerprint Identification
System (IAFIS). The conferees understand that by the end of
calendar year 2004, interoperability will exist at airports,
seaports, and the largest and busiest Border Patrol stations
and land ports of entry. CBP and Immigration and Customs
Enforcement (ICE) locations will not be completed until
December 31, 2005. With implementation of a new visa tracking
system and enrollment of millions of visitors into US-VISIT, it
is essential that the Federal Bureau of Investigation (FBI)
collaborate with the Directorate of Border and Transportation
Security to ensure that IDENT and US-VISIT can retrieve, in
real time, biometric information contained in the IAFIS
database, and that the IAFIS database can retrieve, in real
time, biometric information contained in IDENT and US-VISIT.
The conferees direct the Department of Justice and the
Department of State, in coordination with the Under Secretary
for Border and Transportation Security (BTS), to report, not
later than 90 days after enactment of this Act, on the status
of efforts to achieve real time interoperability between these
systems, including steps the Departments will take to integrate
IAFIS into IDENT and US-VISIT, funds needed, and a timetable
for full interoperability of these systems. This report should
address the recommendations from the March, 2004, Department of
Justice Inspector General report, which documented the need to
integrate existing biometric databases.
Legal Activities Office Automation
The conference agreement provides $40,510,000 for this
account, which is equal to the amended budget request. The
conferees support additional funding for this program through
the recovery of obligated but unexpended funds transferred to
the Working Capital Fund, or through other sources, subject to
section 605 of this Act.
Narrowband Communications
The conference agreement includes $100,000,000 for
Narrowband Communications, as proposed by the House, instead of
$68,021,000 as proposed by the Senate.
Administrative Review and Appeals
The conference agreement includes $203,965,000 for this
account, instead of $202,518,000 as proposed by the House and
$205,411,000 as proposed by the Senate. The funding level
provides for the annualization costs associated with filling
immigration judge vacancies.
It is the conferees' understanding that the Executive
Office for Immigration Review (EOIR) has issued interim
procedural guidelines for the adjudication of unaccompanied
alien children's cases before immigration judges. The conferees
commend EOIR for this initiative. The conferees further urge
EOIR to dedicate resources from its appropriation to developing
and implementing policies and procedural guidelines as well as
training programs for judges and pro bono attorneys in this
area in order to protect the children's due process rights
under the Immigration and Nationality Act--including their
right to apply for forms of relief from removal--and to further
their access to pro bono representation rights, due process and
relief under the Immigration and Nationality Act.
Detention Trustee
The conference agreement includes $885,994,000 for the
Detention Trustee, as proposed by the Senate, instead of
$938,810,000 as proposed by the House. The conferees are aware
that the Trustee has made progress in refining the detention
forecasting model, which will provide better projections for
this account, and the conferees encourage the much-needed work
to continue. The conferees believe that the Trustee should
review the entire Federal detention process from commencement
to incarceration to identify greater efficiencies in
operations. The conferees anticipate that these efforts will
result in cost savings. When the Trustee can provide assurance
of the funding needs for this account, the Committees will
consider options for providing additional resources. The
conferees also direct the Attorney General to ensure that the
Department's entire law enforcement agenda, including its
prosecutorial policies and detention resources, is thoroughly
considered when determining the future funding needs for this
account.
The conference agreement incorporates by reference Senate
report language that prohibits any construction, planning,
support, or contracting of new detention facilities and directs
the Detention Trustee to withdraw any solicitations for such
activities.
The Justice Prisoner and Alien Transportation System
(JPATS) has become an increasingly complex system, in part
because its biggest user is now Immigration and Customs
Enforcement within the Department of Homeland Security. The
conferees expect that the United States Marshals Service will
continue to operate JPATS, but believe the Federal Detention
Trustee, as an independent entity that oversees detention
issues for the Department, must play a heightened role with
this program. The conferees therefore direct the Trustee to
address immediate and long-term planning, management, and
policy issues with JPATS, with the goal of improving
efficiencies and ensuring equality among participating
agencies, and to submit a report on those efforts to the
Committees on Appropriations, no later than May 31, 2005.
Office of Inspector General
The conference agreement includes $63,813,000 for the
Office of Inspector General, as proposed by the House, instead
of $63,187,000 as proposed by the Senate.
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $10,638,000 for the
United States Parole Commission, as proposed by the Senate,
instead of $10,650,000 as proposed by the House. The conferees
adopt by reference House language regarding a study required
under Public Law 107-273.
Legal Activities
salaries and expenses, general legal activities
The conference agreement includes $634,193,000 for
General Legal Activities, instead of $639,314,000 as proposed
by the House and $623,364,000 as proposed by the Senate. The
distribution of funding provided is as follows:
General legal activities
[In thousands of dollars]
2005 appropriation
Office of the Solicitor General......................... $8,245
Tax Division............................................ 81,399
Criminal Division....................................... 137,177
Civil Division.......................................... 188,754
Environment and Natural Resources Division.............. 90,856
Office of Legal Counsel................................. 5,858
Civil Rights Division................................... 109,141
Interpol USNCB.......................................... 12,426
Office of Dispute Resolution............................ 337
--------------------------------------------------------
____________________________________________________
Total............................................. 634,193
The funding provided is equal to the requested current
services level less requested program reductions for the
Department of Justice's litigating divisions. The conferees
understand the Department has reviewed the allocation of
attorneys between headquarters and the field. The conferees
further understand that the Department believes that 59
attorney positions should be realigned from headquarters
litigating divisions to those U.S. Attorney Offices that have a
critical shortage of attorney resources to address priority
areas such as counter-terrorism, drugs, violent crime,
corporate fraud, and immigration. The conferees applaud the
Department's efforts to allocate attorney positions to where
they can be most productive. The conferees understand this will
be a multi-year effort and, therefore, have not provided any of
the increases in attorney positions for the litigating
divisions at this time. Within the level of funding provided,
the conferees expect attorney resources to be provided to the
Department's highest priorities, including counterterrorism,
violent crime and corporate fraud.
The conferees direct the Attorney General to submit a
detailed study to the Committees on Appropriations, not later
than January 3, 2005, providing the criteria the Department
would use to determine which litigating division positions
would be reallocated to the field; the criteria that would be
used to determine which U.S. Attorney Offices would be
allocated additional positions; and a crosswalk showing the
proposed allocation of attorney positions from each legal
division to each district.
The conference agreement fully funds the Civil Rights
Division's efforts to combat human trafficking and the
conferees expect the Department of Justice to continue
submitting yearly updates regarding efforts to address human
trafficking.
The conferees expect the Department of Justice to submit
a reprogramming for costs associated with continuing tobacco
and other litigation activities, should funding be warranted.
The conferees are aware that the parties to Irvin Rosner,
et al., v. United States of America have agreed to mediation
and to the selection of a mediator. Given that this case
involves elderly Holocaust survivors, the conferees believe
that the Department of Justice should proceed with this
mediation in a compassionate and expeditious manner in order to
reach a fair resolution.
The conferees direct the Department of Justice to submit
a report to the Committees on Appropriations not later than
April 10, 2005, on proposals to leverage the United States
National Central Bureau's network as a means to effectively
share national security related information with State and
local law enforcement agencies.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$6,333,000 from the Vaccine Injury Compensation Trust Fund to
the Department of Justice, as proposed by both the House and
the Senate.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement includes $138,763,000 for the
Antitrust Division, which is the same as proposed by the
Senate, instead of $135,463,000 as proposed by the House. The
conference agreement incorporates by reference Senate report
language regarding additional resources.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,547,519,000 for the
United States Attorneys instead of $1,535,000,000 as proposed
by the House and $1,532,154,000 as proposed by the Senate.
The conference agreement includes a program increase of
$5,762,000 for 66 additional positions, including 44 attorneys,
for additional terrorism and criminal prosecutions. The
conference agreement also includes an additional $3,029,000 for
32 additional positions, including 25 attorneys, to address
gang-related crimes.
Project Seahawk.--The conference agreement includes
$5,000,000 for the continuation of Project Seahawk, a pilot
project to enhance intermodal security and law enforcement
within our Nation's coastal cities. The pilot will provide a
national model for cities that experience heavy volumes of
intermodal traffic by establishing a streamlined process to
address criminal activity that may compromise or impede the
movement of intermodal traffic within the U.S. Project Seahawk
shall continue to be coordinated under the U.S. Attorneys and
include Federal, State, and local law enforcement.
Legal Education.--The conference agreement provides
$18,266,000 for legal education and distance learning at the
National Advocacy Center (NAC). NAC State and local training
funds are provided under the Office of Justice Programs.
Violent Crime Task Forces.--The conference agreement
includes $1,500,000 to continue and expand task force
activities associated with Operation Streetsweeper.
The conference agreement adopts by reference the House
and Senate language providing $10,000,000 for cybercrime and
intellectual property enforcement and requiring the submission
of a report by April 30, 2005, on the number, types, and
locations of copyright prosecutions undertaken during the
previous fiscal year.
The conference agreement adopts by reference the House
report language concerning public corruption.
United States Trustee System Fund
The conference agreement includes $173,602,000 for this
account, instead of $172,850,000 as proposed by the House and
$174,355,000 as proposed by the Senate. The conferees support
the requested information technology enhancements and expect
the Trustees to fund the request to the maximum extent
possible. The conference agreement incorporates by reference
the Senate report language directing the Trustees to consult
with the Department's Chief Information Officer before
obligating its information technology funds. The conference
agreement includes not less than $750,000 for the Bankruptcy
Training Center at the National Advocacy Center in support of
the Trustees' continuing education program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $1,220,000 for this
account, as proposed by both the House and Senate.
United States Marshals Service
SALARIES AND EXPENSES
The conference agreement includes $751,985,000 for the
United States Marshals Service (USMS), instead of $752,070,000
as proposed by the House and $744,725,000 as proposed by the
Senate. The conference agreement provides funding for USMS
construction under a separate heading, as proposed by the
House. The conference agreement includes the base reductions
and streamlining efficiencies included in the budget request.
The conference agreement incorporates by reference the
Senate report language regarding submission of a spending plan
and the timely release of funds to programs.
The conferees are pleased that the USMS has made a
concerted effort to fill critically-needed supervisory deputy
marshal positions in the districts; boosted its on-board
staffing levels throughout the agency; allocated positions
based on performance; addressed its information technology
infrastructure weaknesses; and improved its overall financial
management practices. In many areas, the USMS has demonstrated
marked improvements and is urged to continue these practices.
Protection of the Judicial Process.--The conference
agreement includes the requested increase of $8,897,000 and 94
positions to enhance protection of the Federal Judiciary. When
determining resource allocations, the USMS should be mindful of
the recent recommendations of the Department's Inspector
General.
Witness Security.--The conference agreement includes the
requested increase of $1,922,000 and 15 positions for the
witness security program.
Information Technology.--The conference agreement
includes the requested increase of $478,000 and 5 positions to
meet information technology (IT) requirements. The conferees
direct the USMS to submit a report to the Committees on
Appropriations, no later than March 17, 2005, on IT needs
throughout the USMS and a plan to address those needs,
including funding requirements.
Central Courthouse Management Group.--The conference
agreement provides $4,226,000 for the Central Courthouse
Management Group (CCMG), including $3,968,000 in base resources
for 34 existing CCMG positions, two restored positions, and an
additional $258,000 for three new CCMG positions, of which two
shall be GS-14 positions.
Courthouse Security Equipment.--The conference agreement
provides a program increase of $5,050,000, for a total of
$11,580,000, for preventive maintenance and repair of
courthouse security equipment to be allocated to the USMS's
highest priority needs. The conference agreement incorporates
by reference Senate report language directing the USMS to
report to the Committees on Appropriations within 30 days of
enactment of this Act on the allocation of this funding. The
conferees expect no less than this amount to recur in future
budget submissions to address the courthouse security equipment
needs of the USMS.
Regional Fugitive Task Forces.--The conference agreement
provides $17,988,000 for the Regional Fugitive Task Forces
(RFTF), which includes base resources for the 38 existing RFTF
positions, and an additional $2,439,000 for 17 new positions to
staff these task forces, including supervisory personnel.
Available resources can also be used for the district-managed
task forces.
Technical Operations Group.--The conference agreement
provides $17,216,000 for the Technical Operations Group (TOG),
which includes base resources for the 50 existing TOG
positions, an additional $632,000 for three restored positions
and one new position, and an additional $2,000,000 for non-
personnel expenses.
International Fugitives.--The conference agreement
provides $4,459,000 for the International Fugitive Apprehension
Program, which includes base resources for the four existing
international positions and an additional $1,086,000 for three
new GS-13 deputies at the existing foreign offices. The
conferees also direct the USMS to submit a five-year plan for
this program, including a time-line and cost estimate to open
additional international offices that are critical to the USMS
fugitive apprehension mission.
Analytical Support Unit.--The conference agreement
provides $3,835,000 in base resources for the Analytical
Support Unit (ASU), including $1,069,000 for eight existing
positions and $2,766,000 (excluding a $500,000 transfer from
the Justice Detainee Information System) to improve and
maintain the Warrant Information Network and to continue
subscriptions to various government and private networks and
on-line services.
Special Operations Group.--The conference agreement
provides $2,835,000 in base resources for the Special
Operations Group (SOG), which includes funding for the 11
existing SOG positions. In addition, the conferees direct the
USMS to transfer the funding, duties, and personnel of the
Hazardous Response Unit (HRU) to SOG, and to submit a report to
the Committees on Appropriations no later than April 5, 2005,
on any additional personnel and funding requirements that will
accompany the HRU transfer, as well as on the proper location
of such transferred personnel.
Vehicles.--The conferees commend the USMS on its efforts
to modernize its vehicle infrastructure. Over the last three
years, the conferees have included funding for the USMS to
replace older vehicles and recognize that under the new vehicle
allocation formula, older vehicles are excessed when new
vehicles are allocated. Districts no longer are allowed to
expand their fleets by keeping vehicles well beyond their
useful lifecycle. The conferees expect this trend to continue
and for the USMS to continue modernizing its fleet.
CONSTRUCTION
The conference agreement includes $5,734,000 for this
account, instead of $1,371,000 as proposed by the House. The
Senate provided funding for construction in the salaries and
expenses account. These funds shall be allocated to the USMS's
highest priority construction needs. The conference agreement
incorporates by reference the Senate report language directing
the USMS to report to the Committees on Appropriations within
30 days of enactment of this Act on the allocation of funding
for this program. To the extent that slippages occur throughout
the year, however, other priority projects can be undertaken.
The conferees expect no less than this amount to recur in
future budget submissions to address the construction needs of
the USMS.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $177,585,000 for Fees
and Expenses of Witnesses, as proposed by both the House and
the Senate.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $9,664,000 for the
Community Relations Service, instead of $9,833,000 as proposed
by the House and $9,494,000 as proposed by the Senate.
ASSETS FORFEITURE FUND
The conference agreement includes $21,759,000 for the
Assets Forfeiture Fund, as proposed by both the House and the
Senate.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
The conference agreement includes $27,800,000 for this
account, instead of $72,000,000 as proposed by the House. The
conferees understand that $27,800,000 will fully fund the
Department of Justice's current estimate of payments for
eligible claimants through fiscal year 2005.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides $561,033,000 for this
account, as proposed by the House, instead of $295,409,000 as
proposed by the Senate. The conference agreement does not adopt
the Senate proposal to move management of this program to the
Director of the Executive Office of the United States
Attorneys. The conference agreement provides the following
amounts to reimburse Federal agencies for their costs to
participate in these task forces:
Reimbursement by Agency
[Dollars in thousands]
Amount
Department of Justice Agencies:
Drug Enforcement Administration..................... $191,112
Federal Bureau of Investigation..................... 135,859
United States Marshals Service...................... 6,431
Bureau of Alcohol, Tobacco, Firearms and Explosives. 11,228
United States Attorneys............................. 118,083
Criminal Division................................... 2,941
Tax Division........................................ 975
Administrative Office............................... 5,565
Non-Justice Agencies:
Internal Revenue Services........................... 54,643
United States Immigration and Customs Enforcement... 33,589
Coast Guard......................................... 607
--------------------------------------------------------
____________________________________________________
Total............................................. $561,033
The conference agreement provides the following
increases: $6,113,000 for adjustments to base; $14,623,000 for
172 additional U.S. Attorney positions; $4,320,000 for 14
additional U.S. Marshals Service positions; $6,344,000 and 60
positions for the Drug Intelligence Fusion Center; and
$13,240,000 for the Drug Enforcement Administration including
$10,465,000 for 79 additional positions and $2,775,000 for
additional operational costs.
The conferees note that the Administration chose not to
comply with the direction provided in the fiscal year 2004
Conference Report that participation of the Departments of
Homeland Security and Treasury should not be included in the
Department of Justice budget request. The participation of
these entities should be budgeted by those respective
departments. While the conferees are aware of the critical role
of the Departments of Homeland Security and Treasury, the
conference agreement is unable to fully fund the request for
the Internal Revenue Service (IRS) and United States
Immigration and Customs Enforcement (ICE) while meeting the
resource needs of the Department of Justice. The conferees
understand that carryover balances from fiscal year 2004 are
available in fiscal year 2005. These balances may be utilized,
through the regular reprogramming process under section 605 of
this Act, to provide additional funding to IRS and ICE if
warranted.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement provides $5,205,028,000 for the
Federal Bureau of Investigation Salaries and Expenses account
as proposed by the House, instead of $4,990,728,000 as proposed
by the Senate. The conference agreement funds the Foreign
Terrorist Tracking Task Force, the Terrorist Screening Center,
and the FBI's costs associated with the Terrorist Threat
Integration Center under this heading as proposed by the House,
instead of under a separate heading as proposed by the Senate.
Construction costs are funded under a separate heading as
proposed by the House.
Directorate of Intelligence.--The conference agreement
adopts the House report language establishing a Directorate of
Intelligence. The conferees applaud the improvements the FBI
has made in transforming itself from an agency whose primary
mission was to investigate traditional crimes, to an agency
whose top priority is to prevent terrorism. However, more
institutional changes are needed for the FBI's intelligence
program, a critical component of an effective terrorism
prevention strategy. Toward that end, the conference agreement
adopts the House report language directing the FBI to create a
new Directorate of Intelligence, led by the Executive Assistant
Director for Intelligence. This new directorate shall have
broad and clear authority over intelligence-related functions.
The need for effective intelligence capabilities cuts across
all FBI programs including the counterterrorism,
counterintelligence, criminal and cyber crime programs. This
new directorate will ensure that intelligence is shared across
these programs, eliminate information stove-piping, and allow
the FBI to quickly adapt as threats change. The new directorate
will have responsibility for operational elements including
those of the Office of Intelligence, the FBI's Terrorist Threat
Integration Center participation, the Foreign Terrorist
Tracking Task Force, and the Terrorist Screening Center. It
will also include programmatic elements representing analyst
and administrative components across the FBI, such as training,
recruitment, information technology, and security. This
directorate shall be responsible for enhancing the FBI's
ability to recruit and retain the highest quality intelligence
staff, including attracting individuals with educational and
professional backgrounds in intelligence, international
relations, language, technology and other relevant skills. It
shall also work to improve the FBI's capability to share
intelligence, not only within the Bureau and the Intelligence
Community, but also with State and local law enforcement.
Further, it shall ensure that intelligence-related performance
criteria are in place for agents and analysts, and develop a
process for agents to receive a formal Intelligence Officer
Certification. The FBI is directed to submit quarterly reports
updating the Committees on Appropriations on the continued
transformation, including the FBI's efforts to ensure that the
priorities and operations in all of the Bureau's field offices
and resident agencies match national priorities.
The conferees note that the 9/11 Commission Report
endorsed many of the intelligence reforms proposed in the House
bill. The conferees appreciate the assistance the Government
Accountability Office, the National Academy of Public
Administration, and the Congressional Research Service have
provided to the Committees on Appropriations in reviewing the
FBI's operations and making recommendations to improve the
Bureau. The conferees expect the FBI to continue to work with
these organizations and others in fiscal year 2005 to review
and improve their operations.
Budget Structure.--The conference agreement adopts the
budget decision unit structure proposed by the House. The
conferees note that this identical budget structure was
recommended by the 9/11 Commission. The new budget structure
will align the FBI's budget with its organizational structure
by collapsing the ten budget decision units used in previous
years to four decision units. There will be a decision unit for
each Executive Assistant Director (EAD) with the exception of
the EAD for Administration. The costs associated with program
administration will be spread to the four other decision units
in order to capture the full costs of each program. This new
decision unit structure will not only empower the new Director
of Intelligence, but will enhance the ability of the EADs for
Counterterrorism and Counterintelligence, Criminal, and
Criminal Justice Services to manage their programs by unifying
their budgets. The following distribution represents the
conference agreement. The conferees remind the FBI that changes
in this distribution are subject to the reprogramming
requirements of section 605 of this Act.
FBI SALARIES AND EXPENSES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Decision unit POS FTE Amount
----------------------------------------------------------------------------------------------------------------
Intelligence.................................................... 4,703 4,291 $792,033
Counterterrorism and Counterintelligence........................ 10,549 10,268 1,979,378
Criminal........................................................ 12,852 12,578 2,156,421
Criminal Justice Services....................................... 1,935 1,945 277,196
-----------------------------------------------
Total..................................................... 30,039 29,082 5,205,028
----------------------------------------------------------------------------------------------------------------
The recommendation includes increases of $204,515,000 for
adjustments to base to support the current operating level. The
recommendation includes the following program increases as
requested: $13,400,000 and 151 positions for the Office of
Intelligence; $14,307,000 and 89 intelligence and
counterterrorism positions for headquarters program support;
$45,954,000 and 259 positions for counterterrorism field
investigations; $12,838,000 and 86 positions for language
services; $11,155,000 and 14 positions for legal attache
offices in Beirut, Lebanon; Baghdad, Iraq; Dakar, Senegal;
Kuwait City, Kuwait; and Cape Town, South Africa; $9,000,000
for the Chemical, Biological and Radiological Forensic Analysis
Counterterrorism Program; $29,000,000 for the operational costs
of the Terrorist Screening Center; $35,470,000 for the
relocation of portions of the Counterterrorism Division to the
Hazel-Peterson Building; $63,754,000 and 294 positions for the
counterintelligence program; $58,257,000 and 188 positions for
cyber investigations including $3,000,000 for Innocent Images;
$46,508,000 and 65 positions for information and physical
security improvements; $20,000,000 for technology investments
including $12,000,000 for TS/SCI LAN field installations and
$8,000,000 for enterprise architecture activities; $16,000,000
and 12 positions to support the integration of IDENT/IAFIS;
$1,785,000 and 10 positions to support the Criminal Division's
Child Exploitation and Obscenity Section; $1,831,000 and 16
positions for the Lost Innocence National Initiative to address
the problem of children forced into prostitution; $1,213,000
and 8 positions for corporate fraud cases; $1,170,000 for
forensic costs associated with Indian Country and the National
Backstopping Program; and $21,309,000 for renovations at the
FBI Academy.
In addition, the conference agreement includes the
following increases above the request: $5,000,000 for the
National Security Support Capability program; $2,750,000 and 27
positions for the Indian Country Unit to investigate crimes in
Indian Country, including violent crimes against Native
Americans, gang violence, and crimes related to Indian gaming;
$2,085,000 to establish a legal attache office in West Africa;
$10,000,000 and 78 positions to combat gang-related crime;
$10,000,000 for enhanced training programs; $30,000,000 to fund
additional recruitment and retention programs; $20,500,000 to
accelerate the expansion of secure facilities in FBI field
offices; $8,500,000 for the acquisition of helicopters and
related equipment; and $5,000,000 for the Investigative
Technology Division for research and development of emerging
technologies.
Training.--The conference agreement adopts the House
report language regarding training. The conferees direct the
FBI to continue to expand its training opportunities and the
capabilities of the College of Analytical Studies to ensure
that agents and analysts are receiving the highest quality
intelligence, counterterrorism and counterintelligence training
available. These training programs should include: joint
training sessions with other members of the Intelligence
Community; opportunities for an academic sabbatical to pursue
an advanced degree; sending staff to the Department of State's
Foreign Service Institute; and creation of a fellows program to
exchange staff with other Federal agencies and the private
sector. In addition, the conferees expect the FBI to expand
both its basic intelligence analyst course and its advanced
intelligence training courses offered at the College of
Analytical Studies. The FBI shall also consider offering
intelligence classes to other Federal law enforcement agencies,
where appropriate. For example, the conferees believe it would
be beneficial for corrections intelligence staff in the Federal
Prison System to receive specialized training to recognize and
thwart the introduction of violent ideology and extremism in
Federal prisons. The recommendation provides $10,000,000 above
the request to implement these enhanced training programs. In
determining its future staffing needs, the FBI shall take into
account the staff time associated with training and development
programs.
Gangs.--The conference agreement adopts the House report
language regarding the spread of violent gangs throughout the
country. In order to address this problem, the conference
agreement provides $1,754,000 for the establishment of a
National Gang Intelligence Center that will integrate the
assets of the FBI, the Bureau of Alcohol, Tobacco, Firearms and
Explosives, and other affected Federal agencies to serve as a
``clearinghouse'' and information management mechanism for gang
intelligence on a national and international scope. In
addition, the recommendation provides $8,246,000 for additional
agents, analysts and support staff to address the most violent
gangs throughout the country.
Offsets.--The conference agreement does not adopt the
proposed $35,000,000 offset in fees to State and local law
enforcement for forensic services. The conferees are
disappointed that the Administration is proposing to provide
funding increases for Federal law enforcement by increasing the
financial burden on State and local law enforcement. The
conferees expect the FBI to absorb this proposed $35,000,000
offset within existing funds. The conference agreement also
does not adopt the proposed $3,000,000 reduction to the
Criminal Justice Information Services Information Management
Accounts.
Retention and Recruitment.--The conferees understand that
the FBI is having difficulty retaining certain staff in
critical senior management positions and other specialized
positions. For example, since September 11, 2001, the attrition
rate for intelligence analysts has exceeded 10 percent. The
conferees understand that other agencies in the Intelligence
Community have more flexible pay and benefit authorities than
the FBI and consequently are able to recruit talented staff
from the FBI. The conferees further understand that many FBI
employees living in high cost areas are experiencing financial
hardships. The conferees are concerned that this financial
hardship could eventually have a negative impact on FBI agent
and staff performance. This is particularly troubling given
that high cost areas are the most likely targets for a
terrorist attack. In order to address these concerns, the
conference agreement includes section 113 and section 115.
These provisions are identical to those included in the House
bill.
Section 113 provides the Director with the authority,
after consultation with the Office of Personnel Management
(OPM), to provide retention and relocation bonuses to employees
with high or unique qualifications who, in the absence of a
bonus, would likely leave the FBI. The provision also allows
for retention and relocation bonuses for individuals
transferred to a different geographic area with a higher cost
of living. A bonus may total up to 50 percent of an employee's
basic rate of pay.
Section 115 authorizes the FBI, in conjunction with the
Office of Management and Budget and OPM, to pay critical
intelligence positions up to an Executive Schedule I salary
provided that the position is determined to be: (1) a high
level position in a scientific, technical, professional, or
administrative field; and (2) critical to the FBI's mission.
These provisions are included to allow the FBI to begin
enhancing its personnel capabilities in order to thwart
terrorism. These provisions will also improve the FBI's ability
to compete with other Intelligence Community agencies for high
quality employees. The conference agreement provides
$30,000,000 above the request to implement these new retention
and recruitment authorities.
Within the level of funding provided, the conferees also
expect the FBI to expand the number of employees participating
in the FBI's Student Loan Repayment Program.
Mandatory Separation.--The conference agreement includes
section 112, as proposed by the House. This provision empowers
the Director to, on a case-by-case basis, delay the mandatory
retirement age of 57 for FBI agents until the agent reaches 65
years of age. Currently, the Director is authorized to delay
mandatory retirement until an agent reaches 60 years of age.
This provision does not require agents to work past the age of
57, but gives the Director the authority to extend agents until
the age of 65 in certain circumstances. This provision provides
the FBI with additional discretion and flexibility to retain
senior managers and employees with critical technical skills
beyond age 60 where it is clear that the individual being
retained can meet all requirements, including physical
requirements, of the specific job being filled.
Reserve Service.--The conference agreement includes
section 114, as proposed by the House. This provision
authorizes the Director to provide for the establishment and
training of an FBI Reserve Service that would facilitate
streamlined, temporary re-hiring from a pre-certified cadre of
retired FBI employees who possess the specialized skills
required to deal with the demands of crises or other special
situations. The provision will allow the FBI to quickly access
experienced former employees in the event of an emergency,
without adversely impacting reserve service members' retirement
pay.
N-DEx.--The conferees are aware that this new information
system will allow for better tracking of corporate crime, such
as pollution, accounting fraud, corruption, price fixing and
tax evasion. The conferees encourage the FBI to work with other
federal agencies such as the Securities and Exchange
Commission, the U.S. Attorneys, and the Sentencing Commission
to ensure adequate data is provided on referrals for
prosecution and dispositions of cases. The conference agreement
adopts by reference the House report language regarding N-DEx
and the submission of a report within 180 days of enactment of
this Act.
Oil-for-Food.--The conferees direct the FBI to provide
assistance in the United Nations investigation of the ``Oil-
for-Food'' program, if requested to do so by the Independent
Inquiry Committee chaired by Paul Volcker. The conferees
strongly support this investigation and encourage the FBI to
make resources available, as appropriate, to ensure its
successful conclusion.
OPR.--The conference agreement adopts by reference the
House report language concerning the Office of Professional
Responsibility (OPR) and the submission of a report 90 days
from the enactment of this Act.
Innocent Images National Initiative.--The conference
agreement adopts the Senate report language directing the FBI
to consider emerging technologies that may help prevent and
prosecute crimes against children and child exploitation
through the Internet, such as software to troll online venues
and record evidentiary materials.
Terrorist Financing.--The conference agreement adopts the
Senate report language concerning software that seeks to track
financial data streams and, in real time, automatically notify
analysts when designated transactions occur in the financial
accounts of suspected terrorists. The FBI is directed to
evaluate such software and report back to the Committees on
Appropriations on its findings.
Enterprise Architecture.--The conference agreement adopts
the Senate report language directing the Government
Accountability Office (GAO) to review the FBI's management of
its enterprise architecture effort, including its use of
effective contractual controls and its approach to contractor
tracking and oversight. In addition, the conferees direct GAO
to review whether FBI's approach to developing its enterprise
architecture is consistent with established best practices.
Criminal Justice Information Services Division.--The
conference agreement includes $387,271,000, including fee
collections, for the Criminal Justice Information Services
Division (CJIS). The conference agreement does not adopt the
FBI's proposal to reduce the CJIS IT system maintenance budget
by $3,000,000.
The conference agreement also includes by reference
Senate language prohibiting the diversion of funding collected
through the CJIS user fee for any purpose other than CJIS, its
refreshment plan, or a subsequent modernization plan for the
current facility. Moreover, the conferees direct that
$50,668,734 of Working Capital Fund balances be utilized to
begin design for hardware and software modernization at CJIS
located in Clarksburg, West Virginia. The intent is to ensure
that legacy systems are phased out and replaced with modern
equipment so that the FBI can take advantage of emerging
technologies, such as advances in biometrics, and ensure
interoperability and increased information sharing with other
agencies. This will also allow for dedicated development of
future generations of equipment at CJIS. Within 180 days of
enactment of this Act, the FBI is directed to submit to the
Committees on Appropriations a status report on the
modernization of the existing CJIS systems.
Automated Biometric Identification System/Integrated
Automated Fingerprint Identification System (IAFIS).--The
conference agreement adopts the Senate report language
directing the Department of Justice to submit a report to the
Committees on Appropriations not later than April 5, 2005, on
the existing capacity of IAFIS, the expected impact US-VISIT
may have on the system, and any additional costs necessary to
increase IAFIS's capacity to meet that impact.
Intellectual Property Rights.--Within the resources
provided for counterintelligence, not less than $5,000,000
shall be available to combat industrial espionage and other
threats to the intellectual property rights of manufacturers
and researchers in the United States.
Trilogy.--The conferees have not adopted the total
program cost cap included by the Senate for Trilogy, including
the Virtual Case File (VCF), but agree that imposing discipline
in this program is essential. The Initial Operating Capability
(IOC) for VCF is expected to be completed in December 2004, and
will provide the following functionality: import all document
types; manage workflow; upload to the Automated Case Support
System (ACS); and interfaces through ACS. The conferees
recommend that the FBI commission an independent study of
Trilogy that evaluates the overall achievements of the program,
including equipment upgrades and improved capabilities,
identifies outstanding requirements, and establishes a timeline
and cost estimate to complete deployment of the program. The
study shall also note the benefits of making VCF capabilities
available to the users as soon as possible.
CONSTRUCTION
The conference agreement includes $10,242,000 for FBI
construction as proposed by the House. The Senate funded this
activity under a different heading. The conference agreement
includes $1,242,000 for recurring construction needs and
provides $9,000,000 for a records management center.
The conferees understand that consolidation of records
and collocation of records management personnel would achieve
business process efficiencies and personnel savings. It would
make more space available in the FBI headquarters building,
allowing the FBI to reduce leased space in the Washington,
D.C., metropolitan area, and would free up needed space in the
field as the number of FBI staff continues to increase. The
conferees understand that the FBI hired an outside consultant
to study potential locations for a records management center
using the following criteria: (1) at least 60 miles outside of
Washington, D.C., for continuity of operations; (2) away from
obvious terrorist targets; (3) within 250 miles of Washington,
D.C.; (4) having access to transportation, utilities, and
communications networks; and (5) availability of an educated
workforce. The conferees understand the FBI chose Frederick
County, VA, as the most ideal location to establish this
center. The conferees further understand that the FBI intends
to lease an interim facility in Frederick County while the
design and construction of a permanent facility is underway.
The recommendation includes $9,000,000 for the costs to lease,
equip and relocate an interim records management center in
Frederick County in fiscal year 2005. This records management
facility will not assume any personnel, projects, programs, or
activities being performed by the CJIS.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $1,653,265,000 for the
Drug Enforcement Administration, instead of $1,661,503,000 as
proposed by the House and $1,645,027,000 as proposed by the
Senate.
The recommendation provides the following increases:
$53,146,000 for inflationary and other costs to maintain the
current operating level; $14,976,000 and 165 positions for
priority targeting; $3,000,000 for the Special Operations
Division; $4,047,000 and 3 positions for investigative
technology support; $1,173,000 and 9 positions for computer
forensics support; $1,000,000 for aviation support; $8,530,000
and 10 positions for the Concorde project and web
infrastructure; and $4,837,000 and 4 positions for the El Paso
Intelligence Center.
Of the funding provided for priority targeting,
$4,095,000 and 82 positions are for administrative support to
relieve agents from performing non-investigative duties. The
remaining positions and funding shall be available for the
highest priority domestic and international enforcement
activities.
Decision Units.--The conference agreement adopts the
Senate report language regarding the consolidation of DEA's ten
decision units to three. The conferees direct DEA to provide a
spending plan by the proposed three decision units to the
Committees on Appropriations not less than 30 days after
enactment of this Act. To measure the impact of this change,
DEA is directed to provide quarterly reports to the Committees
on Appropriations of its obligations by prior year as well as
proposed decision units.
Demand Reduction Activities.--The conference agreement
includes not less than $8,891,000 for DEA's Demand Reduction
activities.
Number of Drug Agents.--Since the September 11, 2001
attacks, the Federal Bureau of Investigation (FBI) has diverted
agents from drug investigations to counterterrorism and
counterintelligence activities. In order to address this change
in FBI priorities without negatively impacting Federal law
enforcement's ability to combat drug crimes, the conferees have
provided increased funding to the DEA to compensate for this
change. With the additional DEA agents funded in fiscal year
2005 under this heading and under the Interagency Crime and
Drug Enforcement heading, the total combined number of DEA and
FBI agents working on drug cases will exceed the pre-September
11th level by 202.
Ecstasy Interdiction.--The conferees note the progress
made by DEA and the Department of State against so-called
``club drugs'' under the ``Roadmap'' initiative with the
Belgian and Dutch governments. The conferees direct the
Department of State and DEA to submit a report to the
Committees on Appropriations no later than 90 days after
enactment of this Act, detailing steps to be taken in the
second roadmap. The second roadmap should emphasize sufficient
U.S. presence in the Netherlands, more effective work against
the export of precursor chemicals, and a review of terrorist
links to club drug trafficking organizations.
DEA's Role in the Intelligence Community.--The conferees
are aware of the direct relationship between the funding of
international terrorism and narcotics trafficking. The
conferees applaud the work of DEA personnel around the world
and encourage them to continue sharing critical intelligence
related to terrorism with other U.S. government agencies.
Offsets.--The conference agreement assumes the
implementation of all of the Administration's proposed offsets
except the proposal to charge the District of Columbia
Metropolitan Police Department fees for forensic evidence
analysis services. The recommendation reduces funding for
requested program increases in order to offset this proposal.
The Committee is disappointed that the Administration's
proposal to offset funding increases is to increase the funding
burden on State and local law enforcement.
Operation Containment.--DEA is directed to continue to
provide an update on Operation Containment activities in
Afghanistan in May and September of 2005.
Diversion Control Fee Account.--The conference agreement
includes $154,216,000 for this account, as provided by the
House and Senate. The conference agreement includes the
following program increases: $11,711,000 is to improve and
modernize customer service and e-commerce; $3,482,000 is for
the Internet Online Investigations Project and to update the
Controlled Substances Information System II; $659,000 is to
enhance DEA's ability to respond to the regulated community and
improve the management and financial accountability of
resources; and $15,773,000 supports the Drug and Chemical
Diversion Control Decision Unit, previously funded under
salaries and expenses, to simplify financial management issues
and ensure a stable source of funding for the program. In
addition, the conference agreement provides DEA with 10
additional positions to implement sections 110 and 111 of this
Act. The Department of Justice is directed to submit quarterly
reports describing its efforts to address prescription drug
diversion.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The conference agreement provides $890,357,000 for the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as
proposed by the Senate instead of $870,357,000 as proposed by
the House.
The conference agreement includes program increases of
$2,707,000 and 31 positions for additional explosives
investigations and regulatory compliance; $5,000,000 and 24
special agents to focus on gang-related investigations; and
$5,600,000 for the construction and establishment of the
Federal Firearms Licensing Center at the National Tracing
Center Facility.
In addition, the conference agreement provides a
$1,000,000 increase for the National Tracing Center Division.
The conferees understand that the number of trace requests,
particularly international trace requests, is growing
dramatically.
Specialized Explosives Groups.--There has been a large
increase in the criminal misuse of explosives. Therefore, the
conference agreement includes an increase of $10,200,000 for
the creation and operation of four specialized explosives
groups. These groups shall be strategically located throughout
the United States based on a thorough threat and workload
assessment conducted by the Bureau. These groups will be
responsible for investigating the misuse and trafficking of
explosives, increasing inspection efforts for high-risk
explosives licensees, and increasing forensic support to
explosives investigations with the goal of proactively
preventing explosives crimes and acts of terrorism.
Conversion of Records.--The conferees recognize the need
for the ATF to begin converting tens of thousands of existing
records of out-of-business Federal firearms dealers from film
to digital images at the National Tracing Center. Once the out-
of-business records are fully converted, the search time for
these records will be reduced to an average of 5 minutes per
search from the current average of 45 minutes per search. This
significant time saving will ultimately reduce overall costs
and increase efficiency at the National Tracing Center.
Therefore, the conference agreement includes a $4,200,000
increase for the ATF to hire additional contract personnel to
begin this conversion.
Access 2000 Program.--The conferees are aware that the
Access 2000 program was initiated by ATF to improve the
efficiency and reduce the costs associated with firearms
tracing incurred by Federal Firearms Licensees (FFLs). ATF and
FFL importers, manufacturers, and wholesalers form a
partnership in this effort. FFLs take their data from their
mainframe computer and import it into a stand-alone server
provided by the ATF. The National Tracing Center is connected
to this server remotely by secure dial-up and obtains
information on a firearm that is subject to a firearms trace.
The conferees support this program, which reduces the
administrative burdens of the FFL and allows the ATF around the
clock access to the records. The ATF currently has 36 Access
2000 partners. The conferees encourage the ATF to place more
emphasis on this program and expand the number of partners to
the greatest extent possible.
Special Response Teams.--The conferees are aware of the
extremely important role Special Response Teams (SRTs) play in
the enforcement of our Nation's laws. The Bureau has four teams
throughout the United States. Due to the personnel limitations
within the Bureau, the four SRTs are predominately made up of
special agents that maintain a full case load on the street and
train to maintain the highly specialized skills required to
qualify for an SRT position. The conferees laud these special
agents and the extraordinary dedication to the mission of the
ATF they display in order to ensure these teams are effective,
safe, and successful. The conferees also acknowledge the
outstanding service the unique human scent/tactical K-9 program
has provided in support of the Special Response Teams. The
conferees urge the ATF to train at least two additional K-9s so
as to equip each SRT with full time support.
The conferees adopt by reference the House report
language concerning certain sensitive law enforcement
information contained in databases maintained by the ATF.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $4,627,696,000 for the
salaries and expenses of the Federal Prison System as proposed
by the Senate, instead of $4,567,232,000 as proposed by the
House. The conferees believe that the budget request was
inadequate to support the requirements of the Federal Prison
System (FPS). The conference agreement provides an amount that
should be sufficient to complete or begin activation of ten
prisons and also continue operations at existing prisons. To
ensure that the FPS is able to activate prisons on a two-year
timeline, the conference agreement includes a provision making
activation funds available until September 30, 2006. The
conferees expect the ten new prisons to be receiving inmates by
the date listed in the table below and have provided funding to
maintain this schedule. Amounts are dedicated to activate each
institution as follows:
----------------------------------------------------------------------------------------------------------------
Activation Activation Inmate care
Institution date costs nationwide Total
----------------------------------------------------------------------------------------------------------------
Victorville, CA USP............................. 1/05 $28,200 $5,836 $34,036
Hazelton, WV USP................................ 1/05 37,300 5,836 43,136
Forrest City, AR facility....................... 11/04 30,000 2,918 32,918
Herlong/Sierra, CA medium camp.................. 3/05 30,700 8,754 39,454
Williamsburg, SC FCI............................ 9/04 38,000 1,476 39,476
Canaan, PA USP.................................. 2/05 34,000 7,295 41,295
Terre Haute, IN USP............................. 3/05 26,000 8,754 34,754
Bennettsville, SC FCI........................... 12/04 32,500 4,377 36,877
Yazoo City, MS FCI.............................. 2/05 26,300 7,295 33,595
Coleman, FL USP................................. 2/05 23,000 7,295 30,295
-----------------------------------------------
306,000 59,836 365,836
----------------------------------------------------------------------------------------------------------------
Reprogramming Authority.--The amounts designated in the
table above for ``activation costs'' are intended for the sole
purpose of bringing these new prisons online. The amounts
designated in the table above for ``inmate care nationwide''
represent the cost associated with the inmates who will
eventually be housed at the new facilities. The amounts
designated in the table above are to be obligated as directed,
and are therefore subject to the reprogramming procedures
established in section 605 of this Act.
Carryover Amounts.--In addition to the amounts designated
in the table above, an additional $50,015,000 is available from
amounts carried forward from fiscal year 2004 for prison
activations. The conferees expect that funds for Victorville,
CA; Williamsburg, SC; Canaan, PA; Hazelton, WV; Herlong/Sierra,
CA; Forrest City, AR; and Yazoo City, MS will be obligated as
planned. If the amounts required deviate from the planned
levels, the FPS should submit a reprogramming notification in
accordance with section 605 of this Act.
Base Operations.--The conferees believe that the amount
provided for this account is sufficient to support the base
operational needs of the entire FPS. Within the amounts
provided, the conferees provide base funding of $41,000,000 for
FCI Gilmer, West Virginia and $41,000,000 for FCI Beckley, West
Virginia.
Contract Confinement.--The conference agreement includes
$584,948,000 for the contractual costs associated with housing
inmates. This amount includes $22,850,000 in contracts for the
National Institute of Corrections and $9,400,000 for 4,500
additional low-security contract beds. The conferees adopt by
reference House language regarding use of excess State, local,
and private prison capacity to meet bedspace needs, if these
facilities meet FPS standards. The conferees also adopt by
reference Senate report language in support of private sector
contract confinement.
Drug Treatment.--The conferees expect that an amount
equal to the fiscal year 2004 level will be provided for the
transitional drug treatment program.
Joint Bureau of Prisons/Judiciary Pilot Program.--The
conference agreement includes a general provision supporting a
pilot program that will allow the Federal Public Defender in
the Southern District of Florida to transfer computers for use
by inmates reviewing electronic discovery.
Financial Plan.--The conference agreement includes
section 118, which requires submission of a financial plan. In
requiring the submission of a financial plan, the conferees are
mindful of the complexities of managing the budget for the FPS.
However, the conferees believe that such a plan is justified in
order to effectively carry out the oversight responsibilities
of the Committees on Appropriations. To ensure that there is no
unnecessary delay in operations of the FPS, the Committees will
review the proposed financial plan and respond to the
Department of Justice within 15 working days of receipt of the
plan. However, submission of the financial plan does not
replace the requirement for reprogramming notification under
section 605 of the Act.
Sexual Misconduct.--The conferees commend the FPS on its
work to address and prevent sexual misconduct. With funds
provided in earlier appropriations Acts, the National Institute
of Corrections has made useful progress in providing training
and technical support to correctional systems throughout the
country to eliminate staff sexual misconduct with inmates,
training in investigating cases, and training ``trainers'' in
order that employees at every level will be more aware of, and
better prepared to deal with, these cases. The conferees direct
the FPS to continue these efforts and to report to the
Committee by March 31, 2005, on progress made in this area.
The conference agreement incorporates by reference House
report language regarding a reimbursable agreement. The
conference agreement incorporates by reference Senate report
language directing the FPS to move forward with the site
investigation and planning for Hazelton, West Virginia. The
conferees also incorporate by reference Senate report language
regarding female inmates and medical records.
BUILDINGS AND FACILITIES
The conference agreement includes funding of $189,000,000
for construction, modernization, maintenance and repair of
prison and detention facilities housing Federal prisoners as
proposed by the House and the Senate. The conference agreement
includes section 106, which prohibits the transfer of funds
from this account to any other Department of Justice account.
The conferees continue to expect that all current construction
projects will proceed as planned.
The conferees remain concerned that while the prison
population grows, the Department of Justice continues to submit
budget requests with proposed rescissions of prison
construction funds. The conferees reiterate previous direction
to discontinue this practice.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The conference agreement includes language regarding a
limit on administrative expenses of $3,411,000 for Federal
Prison Industries, Incorporated (FPI). The conferees adopt by
reference House report language regarding the FPI program.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The conference agreement includes $387,275,000 for
violence against women prevention and prosecution programs
instead of $383,551,000 as proposed by the House and
$410,000,000 as proposed by the Senate. The following table
outlines the funding provided in the conference agreement:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005 Conference
enacted request House Senate agreement
----------------------------------------------------------------------------------------------------------------
Violence Against Women Office Programs STOP $166,564 $176,747 $176,747 $175,705 $187,086
Grants.......................................
(National Institute of Justice--R&D)...... (5,145) (5,200) (5,200) (5,000) (5,000)
(Safe Start Program)...................... (9,895) (10,000) (10,000) (10,000) (10,000)
(Transitional Housing Assistance)......... ........... (15,000) (15,000) (10,000) (12,500)
Grants to Encourage Arrest Policies........... 63,824 62,479 62,479 64,503 63,491
Rural Domestic Violence Assistance Grants..... 39,267 38,274 38,274 39,685 39,685
Violence on College Campuses.................. 9,830 9,175 9,175 9,935 9,175
Civil Legal Assistance........................ 39,322 39,871 39,322 39,740 39,740
Elder Abuse Grant Program..................... 4,916 4,458 4,458 4,968 4,600
Safe Haven Project............................ 14,746 14,078 14,078 14,903 14,078
Educ. & Train for Disabled Female Victims..... 7,373 6,922 6,922 7,451 7,250
Transitional Housing.......................... 14,842 ........... ........... ........... ............
Management and Administration................. ........... 10,473 10,339 30,000 ............
CASA (Special Advocates)...................... 11,772 11,484 11,484 11,897 11,897
Training for Judicial Personnel............... 2,257 1,925 1,925 2,281 1,925
Grants for Televised Testimony................ 983 986 983 994 983
Training Programs............................. 4,905 4,415 4,415 4,957 4,415
Stalking Database............................. 2,950 2,962 2,950 2,981 2,950
-----------------------------------------------------------------
Total................................... 383,551 ........... 383,551 410,000 387,275
----------------------------------------------------------------------------------------------------------------
The conference agreement directs the Office on Violence
Against Women to submit a Management and Administration
financial plan to the Committees on Appropriations within 60
days of enactment of this Act. The financial plan shall include
the amount of funding reimbursed to the Office of Justice
Programs for administrative services. The Justice Management
Division is required to verify the appropriateness of this
amount.
Native American/Native Alaskan Liaison Office.--The
conferees understand that Native American and Native Alaskan
women experience a high rate of violence compared to any other
group in the United States. The conferees are concerned these
individuals lack a comprehensive community response to address
their needs in breaking the cycle of violence. The conferees
believe a liaison office would be an effective resource for
these communities to identify and address their needs in order
to develop a community response for the elimination of domestic
violence.
The conferees are aware that the State of Alaska has been
ranked number 1 in the country for its rate of rape, the rate
at which men kill women, and the rate at which firearms are
stolen. Although violent crime rates have dropped across the
nation last year, Federal statistics have shown that violent
crimes have been on the rise in Alaska. The conferees
understand that the Office on Violence Against Women held a
summit in Alaska in July, 2004, which enabled experts from
across the country to assist Alaska with this pervasive social
problem. The conferees commend the Office on Violence Against
Women for their effort in bringing both the Alaska community
and the professional community together.
The conference agreement includes $7,550,000 for the
Native American/Native Alaskan Liaison Office to begin their
work in Alaska. The conferees have provided $2,400,000 for the
Anchorage Domestic Violence Prevention Project; $950,000 for
the domestic violence prosecution unit in Alaska; $2,700,000
for the Sexual Assault/Domestic Violence Prosecution Unit for
the State of Alaska; $750,000 for the Sexual Assault Response
Team for the Municipality of Anchorage; and $750,000 for the
Victims for Justice in Alaska. The conferees direct the Office
on Violence Against Women to work with these organizations in
order to develop a comprehensive community approach for the
State of Alaska.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $227,900,000 for
Justice Assistance. The conferees do not adopt the
Administration's proposal to consolidate all Office of Justice
Programs (OJP) activities under this heading. The table below
displays the conference agreement compared to the request for
programs funded under this heading and compared to the amounts
provided in the House and Senate bills.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005 Conference
Program enacted request House Senate agreement
----------------------------------------------------------------------------------------------------------------
National Institute of Justice...................... 47,495 63,559 55,000 63,350 55,000
Bureau of Justice Statistics....................... 31,787 38,717 34,000 32,125 34,000
Victim Notification................................ .......... .......... .......... 8,000 8,000
National White Collar Crime........................ 8,905 4,500 9,000 .......... 9,000
Regional Inf. Sharing Sys.......................... 29,684 43,960 40,000 40,000 40,000
Management and Admin............................... 34,632 118,730 38,000 25,000 35,000
Missing Children Program........................... 35,621 35,368 41,000 42,400 46,900
------------------------------------------------------------
Total........................................ 188,124 .......... 217,000 210,875 227,900
----------------------------------------------------------------------------------------------------------------
National Institute of Justice (NIJ).--The conference
agreement provides $55,000,000 for the National Institute of
Justice. The conference agreement provides $20,000,000 for the
Office of Science and Technology, $3,250,000 for
counterterrorism research and development, $10,000,000 for
social science research and evaluation, $21,000,000 for the
National Law Enforcement and Corrections Technology Centers,
and $750,000 for Mistral Security Non-Toxic Drug Detention and
Identification Aerosol Technology.
The conferees adopt the Senate report language concerning
the National Law Enforcement and Corrections Technology
Centers. Funding for these centers is distributed as follows:
The National Law Enforcement and Corrections Technology Centers
[In thousands of dollars]
Northeast Regional Center............................... $3,000
Southeast Regional Center............................... 3,000
Rocky Mountain Regional Center.......................... 3,000
Western Regional Center................................. 3,000
National Center......................................... 3,000
Northwest Center........................................ 3,000
Technology Specialty Centers............................ 3,000
--------------------------------------------------------
____________________________________________________
Total, Regional and Specialty Centers............. 21,000
Within the level of funding provided for the Office of
Science and Technology, $3,000,000 is for the CommTech program.
Within the level of funding provided, $3,000,000 is for
the Center for Rural Law Enforcement Technology and Training,
and $2,800,000 is for the Office of Law Enforcement Technology
Commercialization, Inc. The conferees recognize and support the
important work of the Border Research Technology Center and
support the budget request for research on trafficking in
persons. NIJ shall consider expanding the Forensic Resource
Network in future years.
Missing Children.--The conference agreement includes
$46,900,000 for the Missing Children Program for the following
purposes:
MISSING CHILDREN PROGRAM
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005
Program enacted request House Senate Conference
----------------------------------------------------------------------------------------------------------------
National Center for Missing and Exploited Children. $14,842 $12,419 $17,000 $26,900 $23,900
Jimmy Ryce Law Enforcement Training Center......... 2,968 1,049 3,000 3,000 3,000
Internet Crimes Against Children Task Force........ 12,368 14,500 14,500 12,500 13,500
Missing and Exploited Children Office.............. 1,484 2,400 1,500 .......... 1,500
AMBER Alert Program................................ 3,959 5,000 5,000 .......... 5,000
------------------------------------------------------------
Total........................................ 35,621 35,368 41,000 42,400 46,900
----------------------------------------------------------------------------------------------------------------
National Center for Missing and Exploited Children
(NCMEC).--The conferees strongly support the NCMEC's nationwide
services for the prevention of abduction, endangerment, and
sexual exploitation of children. The conferees believe these
services are an effective part of the congressionally intended
safety net for our most vulnerable children. The conferees
commend the leadership of NCMEC for their dedication to these
issues. Of the funds appropriated for the NCMEC, $1,000,000 is
for NCMEC's Lost Child Alert Technology Resource (LOCATER)
program; $2,250,000 is for NCMEC's NETSMARTZ program;
$1,650,000 is for the expansion and enhancement of the Child
Recognition and Identification System (CRIS); and $2,000,000 is
for NECMEC's Team Adam initiative.
Regional Information Sharing System.--The conference
agreement provides $40,000,000 for the Regional Information
Sharing System (RISS). The conferees direct the Department to
ensure that inter-state information sharing systems funded by
OJP and COPS comply with the National Criminal Intelligence
Sharing Plan. The conferees strongly support RISS's leadership
role in implementing the National Criminal Intelligence Sharing
Plan. In particular, the conferees are pleased with RISS's
efforts in promoting collaboration between Federal, State, and
local agencies through information sharing, especially in the
exchange of antiterrorism information. Furthermore, the
conferees commend the support provided by BJA for RISS.
Bureau of Justice Statistics.--Of the funds provided for
the Bureau of Justice Statistics, $2,000,000 shall be utilized
for the National Crime Victimization Survey (NCVS) conversion.
This funding supports the continuation of converting the NCVS
from primarily a paper and pencil operation to a fully
automated data collection operation.
Victim Notification System.--The conferees understand
that eighteen states have implemented statewide automatic
victim notification programs, but a national automated victim
notification network remains incomplete. The conference
agreement recommends $8,000,000 for the Bureau of Justice
Assistance to launch a new grant program for State automated
victim notification programs. The conferees agree that no
funding can be utilized from the Victims Assistance Program for
this initiative and that funds provided under this heading
require a 50 percent match from State, local, or private
sources. The conferees direct the Bureau of Justice Assistance
to work with Congress in developing this program and to submit
to the Committees on Appropriations a report outlining the
program within 180 days of the enactment of this Act.
Management and Administration.--The conference agreement
provides $35,000,000 in direct appropriations for the
management and administration of OJP. The conferees direct OJP
to submit a financial plan to the Committees on Appropriations
within 60 days of enactment of this Act. The financial plan
shall include the amount of reimbursable funding OJP receives
from the Office of Community Oriented Policing Services, the
Office on Violence Against Women and the Office ofDomestic
Preparedness, as well as reimbursements for the processing of grants
for any other agency outside of the Department of Justice. In addition,
the financial plan shall outline the level of funding individual OJP
programs will be contributing for management and administration.
The conferees are cognizant that independent auditors
performing the fiscal year 2004 financial audit at OJP found
multiple material weaknesses in internal controls surrounding
OJP's grant accounting practices and grants management systems.
The conferees are extremely disappointed that the weaknesses
have caused the auditors to disclaim their opinion on OJP's
financial statements and as a result have caused the loss of
the overall Department of Justice clean audit opinion. The
conferees understand the auditors reported weaknesses in OJP's
grant accounting process, significant errors in reporting, weak
systems controls, weaknesses in OJP monitoring, and an
inability to adequately document certain accounting entries.
The conferees direct OJP to rectify its accounting and
monitoring weaknesses, strengthen its internal controls and
systems, and ensure it can reliably report its financial
activity in fiscal year 2005. Additionally, the conferees
expect OJP to submit monthly reports to the Committees on
Appropriations on the status of the corrective action plan.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement provides a total appropriation
of $1,295,510,000. The table below displays the funding
provided in the conference agreement compared to the level of
funds requested under the Justice Assistance heading for
similar activities, and compared to the levels provided in the
House and Senate bills.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
2004 2005 Conference
enacted request House Senate agreement
----------------------------------------------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants...... ........... 508,937 634,000 ........... 634,000
(Boys and Girls Clubs).................... ........... (60,000) (80,000) ........... (85,000)
(USA Freedom Corps)....................... ........... ........... (5,000) ........... (2,500)
(National Institute of Justice)........... ........... (19,956) (15,000) ........... (10,000)
(Tribal Courts)........................... ........... (5,921) ........... ........... ............
Edward Byrne Memorial State Formula........... 494,739 ........... ........... 500,000 ............
Local Law Enforcement Block Grants............ 222,632 ........... ........... 150,000 ............
(Boys and Girls Clubs).................... (79,158) ........... ........... (85,000) ............
(USA Freedom Corps)....................... (2,968) ........... ........... ........... ............
(National Institute of Justice)........... (9,895) ........... ........... (10,000) ............
State Criminal Alien Assistance............... 296,843 ........... 325,000 220,000 305,000
Southwest Border Prosecutor Program........... ........... ........... ........... 30,000 30,000
Cooperative Agreement Program................. 1,979 ........... ........... ........... ............
Indian Assistance............................. 14,842 4,240 15,000 18,000 18,000
(Tribal Prison Construction Program)...... (1,979) ........... (2,000) ........... (5,000)
(Indian Tribal Courts Program)............ (7,916) ........... (8,000) ........... (8,000)
(Alcohol and Substance Abuse)............. (4,947) (4,240) (5,000) ........... (5,000)
Byrne Discretionary Grants.................... 157,443 ........... 110,000 117,969 170,027
USA Freedom Corps............................. ........... 15,381 ........... ........... ............
Victims of Trafficking Grants................. 9,894 ........... 10,000 ........... 10,000
State Prison Drug Treatment................... ........... 74,669 35,000 25,000 25,000
Drug Courts................................... 38,095 67,463 50,000 40,000 40,000
Prescription Drug Monitoring.................. 6,926 ........... 10,000 ........... 10,000
Prison Rape Prevention and Prosecution........ 36,784 7,654 52,175 ........... 37,000
Other Crime Control Programs:
Intelligence State and Local Training..... ........... 10,654 10,000 11,000 10,500
Hate Crimes Training...................... 989 1,000 1,000 1,000 1,000
Missing Alzheimer's Patients.............. 883 ........... 883 850 883
Law Enfor. Family Support Program......... ........... ........... ........... 2,000 2,000
Motor Vehicle Theft Prevention Program.... ........... ........... ........... 100 100
Senior Citizens Vs. Marketing Scams....... 1,979 ........... 1,979 2,000 2,000
Miscellaneous................................. 51,942 ........... ........... ........... ............
Rescission.................................... ........... (53,471) ........... ........... ............
-----------------------------------------------------------------
Total, State and Local Assistance....... 1,335,971 ........... 1,255,037 1,117,919 1,295,510
----------------------------------------------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grants
program.--The conference agreement includes $634,000,000 for
the Edward Byrne Memorial Justice Assistance Grants program, as
authorized by H.R. 3036, the Department of Justice
Appropriations Authorization Act, Fiscal Years 2004 through
2006, as passed by the House on March 30, 2004. The conference
agreement is $125,063,000 above the budget request.
This program is intended to consolidate the Local Law
Enforcement Block Grant program and the Byrne Formula program.
Funding under this program is authorized for: (a) law
enforcement programs; (b) prosecution and court programs; (c)
prevention and education programs; (d) corrections and
community corrections programs; (e) drug treatment programs;
and (f) planning, evaluation, and technology improvement
programs. Funding is not available for: (a) vehicles, vessels,
or aircraft; (b) luxury items; (c) real estate; or (d)
construction projects.
The formula used for distributing funds under this
program allocates 50 percent of funding based on population,
and 50 percent based on violent crime rates. The formula
allocates 60 percent of funding to States and 40 percent to
units of local government. Of the amount provided, $85,000,000
is for Boys and Girls Clubs; $10,000,000 is for NIJ to assist
local units of government to identify, select, develop,
modernize, and purchase new technologies for use by law
enforcement; and $2,500,000 is for the USA Freedom Corps
initiative for the expansion of Neighborhood Watch programs and
the Volunteers in Policing program.
Indian Country Grants.--The recommendation provides
$18,000,000 for Indian Country grants. The conferees
acknowledge the success that the Comprehensive Indian Resources
for Community Law Enforcement (CIRCLE) initiative is having and
urge the Department to continue to work on ways to expand
CIRCLE.
Edward Byrne Discretionary Grants.--The conference
agreement includes $170,027,000 for discretionary grants under
this account.
Within the amounts provided, OJP is expected to review
the following proposals, provide grants if warranted, and
report to the Committees on Appropriations regarding its
intentions:
$4,500,000 for the National Citizens Crime
Prevention Campaign;
$1,750,000 for continued support for the expansion
of SEARCH Group, Inc. and the National Technical
Assistance and Training Program to assist States, such
as West Virginia and Alabama, to accelerate the
automation of the fingerprint identification process;
$350,000 for the Turtle Mountain Community College,
ND, Project Peacemaker;
$1,000,000 for the Indigenous Peoples Law & Policy
Project at the University of Arizona;
$1,700,000 for the Drug Abuse Resistance Education
(DARE) program;
$8,000,000 for Operation UNITE for a drug
enforcement, treatment and education program;
$700,000 for the New Orleans, LA, Police Department
for crime fighting initiatives;
$200,000 for the Orleans Parish, LA, District
Attorney's Office for crime fighting initiatives;
$500,000 for the Paul and Lisa Foundation;
$2,000,000 for the Northern Virginia Regional Gang
Task Force;
$587,000 for the Northwest Virginia Regional Drug
Task Force;
$3,000,000 for the State of Virginia for anti-gang
coordination;
$2,500,000 for Mothers Against Drunk Driving
including the continuation of Spanish language public
service announcements;
$1,500,000 for the National Institute of Justice
and Bureau of Justice Statistics to conduct a study of
conditions of confinement in Indian country
correctional facilities and the factors that exacerbate
those conditions;
$150,000 for the Obscenity Crimes Project to
provide citizens with an online tool to report Internet
obscenity crimes;
$350,000 for Gospel Rescue Ministries;
$300,000 for The Women's Center in Vienna, VA;
$1,500,000 for the Pacific Institute for Research
and Evaluation, International Institute for Alcohol
Awareness for a training and technical assistance
program for State and local law enforcement regarding
liquor law enforcement;
$660,000 for the Virginia Community Policing
Institute;
$500,000 for William and Mary College's Courtroom
21 project;
$1,540,000 for pre-release and post-incarceration
services programs for the Commonwealth of Virginia;
$1,500,000 for court programs in the Commonwealth
of Virginia to combat drug use and drug related crimes;
$732,000 for the Virginia Attorney General's office
for a Computer Crime Unit, a gang task force, and the
Triad program;
$500,000 for a school safety program in Northern
Virginia;
$250,000 for the Wyandotte Focus for a program to
reduce recidivism;
$200,000 for a community resource officer program
and a school resource officer program in Manassas Park,
VA;
$100,000 for Clarke County, VA, for a school
resource officer program;
$250,000 for Securing Emergency Resources Through
Volunteer Efforts for a re-entry program;
$750,000 for The Doe Fund's Ready, Willing & Able
program;
$300,000 for an onsite drug testing demonstration
project in the Fourth Judicial District of New York
State;
$1,500,000 for the Phoenix House in Upstate New
York Drug Treatment Alternative for offenders;
$225,000 for Excelsior College for law enforcement
training programs;
$225,000 for the Capital Region Cybercrime
Partnership in NY;
$400,000 for the Pat Thomas Law Enforcement Academy
Training Program;
$100,000 for Southside Virginia law enforcement
activities;
$150,000 for the Tarrant County, TX, District
Attorney for a gang database program;
$1,500,000 for the Center for Court Innovation;
$500,000 for the Frank Bland Regional Training
Center;
$1,000,000 for Protecting Children Against Sex
Offenders in Fairfax County, VA;
$100,000 for Mountain Village, CO, for law
enforcement technologies;
$400,000 for the Rhode Island Family Treatment
Court program;
$1,500,000 for the Washington Metropolitan Area
Drug Enforcement Task Force (MATF);
$2,000,000 for the Washington Public Building
Mapping System;
$200,000 for Forest County, PA, for court related
costs;
$1,000,000 for the Wichita, KS, Police Department
for law enforcement costs;
$250,000 for the Chattanooga, TN, Drug Court
program;
$250,000 for the Law Enforcement Innovation Center;
$500,000 for the Rape, Abuse and Incest National
Network's sexual abuse hotline;
$3,000,000 for the National Clearinghouse for
Science, Technology, and the Law at Stetson University
College of Law;
$2,000,000 for the National Forensics Science
Technology Center in Largo, FL;
$750,000 for Pinellas County, FL, for a jail
diversion program for the mentally ill;
$200,000 for the Pinellas County, FL, Sexual
Predator Unit;
$250,000 for Kristen's Act;
$200,000 for It Happened to Alexa;
$500,000 for Phoenix House in Dallas, TX, for at-
risk youth programs;
$250,000 for the Southern Methodist University's
Family Research Center to conduct research on domestic
violence;
$3,000,000 for the University of Houston to work
with the National Institute of Justice to test new law
enforcement technologies;
$250,000 for the Ascension Parish Law Enforcement
Training Center;
$250,000 for the National Correctional Industries
Association's Prison Industry Enhancement Certification
Training and Technical Assistance Project;
$2,000,000 for the National Institute of Justice's
Cyber Science Laboratory in Rome, NY;
$300,000 for the National Association of Town
Watch's National Night Out crime prevention program;
$200,000 for Athens-Clarke County, GA, for law
enforcement initiatives;
$200,000 for Effingham County, GA, for law
enforcement initiatives;
$200,000 for Augusta-Richmond County, GA, for law
enforcement initiatives;
$500,000 for the National Institute on State Policy
on Trafficking of Women and Girls;
$250,000 for the Rural Law Enforcement Information
Technology Center at Tarleton State University;
$250,000 for the University of Notre Dame in
collaboration with the State University of New York
(SUNY) Stony Brook for law enforcement technologies
research;
$250,000 for the WINGS Domestic Violence program;
$500,000 for Enough is Enough;
$50,000 for the Stargazer Foundation;
$100,000 for the Union County, NJ, Police
Department in partnership with Union County College for
law enforcement training programs;
$250,000 for a school resource officer training
program in Palm Beach County, FL;
$250,000 for the Gun Crimes Reduction Task Force in
Ventura County, CA;
$100,000 for Bartow County, GA, for equipment to
prevent the spread of airborne pathogens in the county
jail;
$250,000 for the State of Missouri, to enhance its
Amber Alert program;
$500,000 for Beyond Missing;
$100,000 for the State University of New York for
law enforcement training;
$200,000 for St. Clairsville, OH, for courtroom
equipment;
$400,000 for the San Joaquin Valley Rural Crime
Prevention Program;
$100,000 for Whiteclay, NE, for law enforcement
programs;
$250,000 for the Regional Counter-Drug Training
Academy for law enforcement training;
$250,000 for the City of Lancaster, PA, for a
community policing initiative;
$250,000 for Chattahoochee Valley Community College
for a law enforcement training program;
$150,000 for the Check 'Em Out program;
$300,000 for The Northwest Fund--Crime Reduction
initiative;
$500,000 for the Whitman-Walker law enforcement
programs;
$100,000 for the Lake Washington Technical College;
$500,000 for the University of Toledo Center for
Parents criminal justice program;
$200,000 for the Westchester County, NY, Special
Operations Task Force;
$250,000 for Arlington County, VA, for gang
suppression;
$450,000 for the On-Site Academy's Law Enforcement
Counseling Program;
$200,000 for the Safer Foundation ex-offender
program;
$500,000 for Training for Judicial Personnel;
$600,000 for the Vera Institute of Justice;
$500,000 for the Fairleigh Dickinson University
CyberCrime program;
$300,000 for the Computer Crimes Initiative--
Suffolk County, NY;
$50,000 for the Latino Action Center for drug and
crime prevention programs;
$100,000 for New York City's Community Crime
Stopper Program;
$100,000 for the Opening Word, Wyandanch, NY;
$200,000 for the Eastern Michigan Center for
Community Building;
$200,000 for Project COPE NY Police Foundation;
$400,000 for the STRIVE Ex-Offender Program;
$400,000 for the Fortune Society's Community
Reentry Program;
$50,000 for the Bexar County, TX, Jail Diversion
Program;
$200,000 for the Newport, RI, Police Department law
enforcement initiative;
$1,000,000 for the National Corrections and Law
Enforcement Training and Technology Center;
$500,000 for the Law Enforcement Information
Technology and Analysis Program, WV;
$125,000 for Wyandotte CHWC;
$125,000 for Mid-America Nazarene;
$240,000 for the Minneapolis, MN, Police Department
law enforcement initiative;
$500,000 for Hennepin County, MN, CrimNet;
$100,000 for the Wisconsin Coalition Against
Domestic Violence;
$100,000 for the Wayne County, MI, Jail Diversion
and Assistance Initiative;
$100,000 for the Police Command Center in
Cleveland, OH;
$100,000 for California Front Line Law Enforcement;
$400,000 for the Minnesota Fond du Lac Law
Enforcement Program;
$200,000 for the Central Wisconsin Drug Enforcement
program;
$500,000 for the Wisconsin Alliance for Children
and Families;
$1,000,000 for the International Center for Ending
Violence;
$750,000 for San Francisco Ex-Offender Reentry
Services;
$150,000 for California Western School of Law;
$625,000 for the Contra Costa County, CA, ARIES
Integrated Justice System;
$400,000 for the Urban Justice Center;
$500,000 for West Shore Regional Law Enforcement;
$500,000 for the Multi-Jurisdictional Criminal
Justice Data Integration Project;
$200,000 for the Maine Rural Substance Abuse
Project;
$291,000 for the Town of Taos, NM, Police
Department Law Enforcement;
$100,000 for the Providence, RI, Police Department
for Command Training;
$250,000 for the Center Point Re-entry Program;
$100,000 for the WAVE domestic violence program in
California;
$185,000 for a law enforcement program in
Independence County, AR;
$100,000 for the Catholic University Anti-Domestic
Violence Program in Puerto Rico;
$500,000 for the Steganography Analysis and
Research Center;
$400,000 for the Alabama Bureau of Investigation's
Missing Children's Program;
$1,000,000 for the Alaska Native Justice Center
restorative justice programs;
$2,000,000 for the Alaskan Rural Prosecution Unit;
$1,100,000 for Alcohol Interdiction in Alaska for
bootlegging crimes;
$250,000 for the Biloxi, MS, Police Department
Technical Bomb Squad;
$125,000 for Carbon County, UT, for drug
enforcement;
$200,000 for the Center on Domestic Violence at CU-
Denver, CO;
$100,000 for the City of Columbia, MS, for law
enforcement equipment;
$230,000 for the City of Philadelphia's Operation
Safe Streets;
$100,000 for the City of Xenia, OH, Police Division
Internet Child Protection Unit;
$3,000,000 for the Consolidated Advanced Technology
Laboratory at UNH;
$700,000 for the Dispute Resolution program at
Faulkner University, AL;
$300,000 for the Fort Bend and Harris County, TX,
Anti-Drug Initiative;
$250,000 for the further testing and evaluation of
TACSCAN system;
$890,000 for the Holyoke Community College,
information security system;
$5,000,000 for the Institute for Security
Technology Studies, NH;
$1,000,000 for the Center for Task Force Training;
$2,000,000 for the Jackson, MS, Public Safety
Automated Technologies--Equipment;
$250,000 for the Kansas City Swope Parkway, MO;
$375,000 for the Leadership Institute in Judicial
Education, University of Memphis;
$900,000 for the Clearwater Economic Development
Association, ID, for the Idaho-Montana Lewis and Clark
Bicentennial Bi-State Safety Project;
$400,000 for Mental Health Courts;
$100,000 for the Millerstown Borough Police
Department, Perry County, PA;
$1,000,000 for the Mississippi State University--
Computer Crime Prosecution Initiative;
$100,000 for the National Association of Promoting
Success;
$2,084,650 for the National Fatherhood Initiative;
$650,000 for the New Hampshire Cyber Crime
Initiative;
$750,000 for the National Child Protection
Training;
$51,000 for the NH Department of Safety evidence
storage expansion;
$250,000 for the NH Police Standards and Training
distance learning expansion;
$1,000,000 for Operation Streetsweeper;
$550,000 for Brown University Nanotechnology DNA
Sequencing in RI;
$225,000 for crime scene examination enhancement
for the State of Alaska;
$500,000 for the El Paso Regional Lab in TX;
$400,000 for the Greater Columbus Area Crime
Fighting AFIS Project in OH;
$100,000 for the Fulton County District Attorney's
Cold Case Unit in GA;
$1,000,000 for the Mississippi Crime Lab to Address
Forensic Backlog;
$200,000 for the Northwest Ohio Regional
Information System AFIS;
$250,000 for the Ohio BCI Laboratory System
Improvement Project;
$375,000 for the Ohio BCI Palmprint AFIS Program;
$200,000 for the Pikes Peak Metro Crime Lab DNA
Laboratory in CO;
$500,000 for Southeast Missouri State University;
$200,000 for the Greenville Tech Forensic/DNS
Laboratory in SC;
$200,000 for the Texas Tech Forensic Science
Institute;
$150,000 for the University of Alabama at
Birmingham Forensic Science Education and Training
program;
$400,000 for the Utah Valley State College Forensic
Science Program;
$200,000 for Weber State University's Criminal
Justice Program in UT;
$200,000 for the Sam Houston State University,
Texas, Center for Forensic Sciences.
$250,000 for the Partners for Downtown Progress,
AK;
$2,000,000 for the Public Private Ventures, of
which $750,000 is for the National Center on
Neighborhood Enterprise, of which up to 5 percent may
be used by Public Private for the purpose of enhanced
accountability and rigorous evaluation of the Violence
Free Zone project;
$1,000,000 for the Ridgelend, MS, Police Department
radios and equipment;
$200,000 for the South Central Alaska Search and
Rescue Training Project for the Alaska Police
Department;
$210,000 for the Alaska Statewide DARE coordinator
and implementation of new DARE curriculum;
$100,000 for equipment for the Tchula, MS, Police
Department;
$640,400 for technology improvements at the NH
Department of Motor Vehicles;
$3,000,000 for the continuation of the J-ONE
information sharing system in NH;
$750,000 for the Texas Medical Center in Houston,
TX, Operations Center;
$1,000,000 for the University of Kentucky Rural
Drug Prosecution Assistance Project;
$500,000 for the University of Louisville Effects
of Collaboration Team Intervention on Child Well Being;
$2,000,000 for University of Mississippi National
Center for Justice and the Rule of Law;
$200,000 for the Texas Center for Forensic Science;
$200,000 for the University of Mississippi TechLaw
to offer police online training;
$400,000 for the Institutional Security Program and
the University of Southern Mississippi;
$275,000 for the University of Southern
Mississippi's Rural Law Enforcement Training
Initiative;
$200,000 for the Violent Crimes Fugitive Task
Force, MT;
$300,000 for the State of Colorado Digital Trunked
Radio System;
$400,000 for the Western Kentucky University Public
Safety program;
$100,000 for the New Hampshire DARE program;
$250,000 for the City of Richton, MS, for the
police department;
$65,000 for the University of Delaware Center for
Drug and Alcohol Studies to conduct a statewide survey
of delinquent and high risk behaviors;
$3,100,000 for the Monterey County, CA, Street
Violence and Anti-gang Project;
$250,000 for the Washington State Department of
Corrections Electronic Fingerprint Criminal Background
Check;
$150,000 for the Family Re-Entry, Inc., prisoner
reentry pilot program in Bridgeport, CT;
$400,000 for the University of Connecticut Breaking
the Cycle of Behavioral Health Problems and Crime
study;
$150,000 for the Native Americans Into Law Program;
$500,000 for the National Center for Victims of
Crime and INFOLINK;
$950,000 for the Chicago Project for Violence
Prevention to expand Ceasefire;
$500,000 for the San Diego, CA, Crisis Intervention
Response Teams;
$1,200,000 for the Methamphetamine Jail Treatment,
IA;
$765,000 for the Highway Interdiction Team, IA;
$4,750,000 for the National Advocacy Center/
National District Attorneys Association;
$14,000,000 for the South Carolina Judicial
Department case docket system;
$1,000,000 for the Richland County Sheriff's Office
Carolina Regional Fugitive Task Force;
$1,750,000 for Indian Legal Services
$425,000 for the Oglala Sioux Tribe Judicial System
operations;
$500,000 for the Rosebud Sioux Tribe, SD, Judicial
System operations;
$1,000,000 for the Worcester Polytechnic Institute,
MA, for the development of law enforcement
technologies;
$100,000 for the Hampshire County, MA, Triad;
$100,000 for the Phoenix House Treatment Center,
MA;
$950,000 for the Milwaukee County, WI, Judicial
Oversight Demonstration Initiative;
$400,000 for the Milwaukee, WI, Community Partners;
$300,000 for the New Orleans District Attorney's
Office for system upgrades;
$1,000,000 for the Child Safe Personalized Weapon,
New Jersey's Institute of Technology;
$1,500,000 for the Baltimore City Operation Safe
Streets;
$150,000 for the Leadership and Public Service
Mentoring and Education Program at the University of
Florida;
$250,000 for the University of Nebraska at Kearney
Polygraph Credibility Project;
$550,000 for the Henderson Emergency Operations
Center, NV;
$50,000 for the UNLV Boyd School of Law Immigration
Clinic;
$50,000 for the UNR Grant Sawyer Center for Justice
Studies;
$30,000 for the Mineral County, Nevada, Sheriff's
Office;
$735,000 for the Family Development Foundation, Las
Vegas, Nevada;
$750,000 for the National Judicial College;
$400,000 for the Bodega Association of NYC;
$130,000 for the National Megan's Law Helpline; and
$500,000 for the Tools for Tolerance Program;
Harold Rogers Prescription Drug Monitoring Program.--The
conference agreement includes $10,000,000 to assist States in
building or enhancing prescription drug monitoring systems,
facilitating the exchange of information between States, and
providing technical assistance and training on establishing and
operating effective prescription drug monitoring
programs.During 2002, 6.2 million Americans abused prescription drugs.
The conferees expect OJP to collaborate with DEA and other entities of
the Executive Branch, such as the Food and Drug Administration and the
Office of National Drug Control Policy, to ensure a coordinated
government-wide approach to address prescription drug diversion. The
Department of Justice is directed to submit quarterly reports
describing its efforts to address prescription drug diversion.
Prison Rape Prevention and Prosecution.--The conference
agreement provides $37,000,000 for implementation of the Prison
Rape Elimination Act of 2003 (Public Law 108-79). The
conference agreement provides $15,000,000 for the collection of
statistics, data and research as authorized by section 4 of the
Act; $1,000,000 for the National Institute of Corrections for a
national clearinghouse, training and education as authorized by
section 5 of the Act; $20,000,000 for grants to States to
protect inmates and safeguard communities as authorized by
section 6 of the Act; and $1,000,000 to be transferred to the
National Prison Rape Elimination Commission.
Improving State and Local Law Enforcement Intelligence
Capabilities.--The conference agreement includes $10,500,000
for the implementation of the National Criminal Intelligence
Sharing Plan and the efforts of the Global Justice Information
Sharing Initiative. The conferees direct this funding to be
used to support training for State and local law enforcement on
the intelligence process including planning, collection,
analysis, dissemination and reevaluation. This program should
continue to provide support for training in the use of
intelligence as a tool in identifying pre-incident indicators.
The conferees believe the training should ensure that law
enforcement officials are protecting individuals' privacy,
civil rights, civil liberties, and constitutional rights within
the intelligence process. The conferees also expect some
funding to be available to promote the use of information
technology standards among law enforcement to ensure that the
data can be exchanged across disparate information systems.
WEED AND SEED PROGRAM FUND
The conference agreement includes $62,000,000 for the
Weed and Seed program as proposed by the Senate. Of the funds
provided, $2,000,000 shall be for comprehensive community
development training and technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
The conference agreement includes $606,446,000 for
Community Oriented Policing Services (COPS) programs instead of
$686,702,000 as proposed by the House and $755,969,000 as
proposed by the Senate.
The table below displays the funding provided in the
conference agreement compared to the level of funds requested
under the COPS and Justice Assistance headings for similar
activities and compared to the levels provided in the House and
Senate bills.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005
Program enacted request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Enhancement Grants............................. ........... ........... 113,000 ........... ...........
Hiring/School Resource Officers................ 118,737 ........... ........... 180,000 10,000
Training and Technical Assistance.............. (5,000) 17,625 ........... 20,000 15,000
Tribal Law Enforcement......................... 24,737 20,000 ........... 20,000 20,000
Meth Hot Spots................................. 53,482 20,000 60,000 55,000 52,556
COPS Technologies.............................. 156,740 ........... 130,000 110,969 138,615
Interoperable Communications................... 84,106 1,550 ........... 100,000 100,000
Safe Schools Initiative........................ 4,552 ........... ........... 5,000 4,325
Police Integrity Grants........................ 9,894 10,000 ........... 15,000 7,500
Management and Administration.................. 29,684 27,914 27,914 35,000 30,000
Prior Year Balances (Rescission)............... ........... (53,471) ........... ........... ...........
Bullet-Proof Vests............................. 24,737 24,950 25,000 25,000 25,000
Police Corps................................... 14,842 27,579 20,000 15,000 15,000
Criminal Records Upgrade....................... 29,684 56,186 50,000 ........... 25,000
DNA Initiative................................. 98,948 175,788 175,788 100,000 110,000
Paul Coverdell Forensic Science................ 9,894 ........... ........... 20,000 15,000
Crime Identification Technology Act............ 23,971 ........... ........... 35,000 28,450
(Safe Schools Technologies).................... (4,948) ........... ........... (5,000) ...........
SW Border Prosecutor Program................... 29,684 47,431 40,000 ........... ...........
Project Safe Neighborhoods..................... 29,684 45,080 30,000 15,000 ...........
Offender Re-Entry.............................. 4,948 15,000 15,000 5,000 10,000
----------------------------------------------------------------
Grand total.............................. 748,324 ........... 686,702 755,969 606,446
----------------------------------------------------------------------------------------------------------------
COPS Hiring Program.--The conference agreement includes
$10,000,000 for the hiring of law enforcement officers, of
which $5,000,000 shall be for school resource officers.
Police Corps.--The conference agreement includes
$15,000,000 for the Police Corps program. The conferees expect
that the Police Corps training curriculum will incorporate all
relevant training portions of the National Criminal
Intelligence Sharing Plan.
Indian Country.--The conferees recommend that 5 percent
of COPS funds be provided directly to tribal judicial systems
to assist Tribal Courts with the caseload associated with
increased arrests as a result of more stringent tribal law
enforcement.
Methamphetamine Enforcement and Clean-Up.--The conference
agreement includes $52,556,000 for State and local law
enforcement programs to combat methamphetamine production and
distribution, to target drug ``hot spots,'' and to remove and
dispose of hazardous materials at clandestine methamphetamine
labs.
Within the amount provided, the conference agreement
includes $20,000,000 to reimburse the Drug Enforcement
Administration (DEA) for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs.
In addition, within the amount provided, the conferees
expect the COPS Program Office, in consultation with DEA, to
examine each of the following proposals, to provide grants if
warranted, and to submit a report to the Committees on
Appropriations on its intentions for each proposal:
$2,000,000 for a Washington State law enforcement
methamphetamine initiative;
$2,000,000 for the Methamphetamine Task Force in
East Tennessee, to fight the spread of meth labs in
this region;
$250,000 for the Indiana State Police meth
enforcement team;
$300,000 for the Clackamas County, OR,
Methamphetamine Initiative: Community Prosecution;
$1,000,000 for the Minot State University Rural
Methamphetamine Education Demonstration Project in
North Dakota;
$300,000 for the COPS Methamphetamine Drug Hot
Spots Program in AR;
$600,000 for the Marion County, OR, Methamphetamine
Forensic Lab Enhancement;
$6,000,000 for the Comprehensive Methamphetamine
Response in HI;
$1,500,000 for the Methamphetamine Clandestine Lab
Task Force in IA;
$600,000 for the Virginia State Police, of which
$175,000 shall be for the Northwest Virginia Regional
Drug Task Force, and $175,000 shall be for the
Harrisonburg Drug Task Force to assist their efforts in
combating methamphetamine;
$2,000,000 for the Partnership for a Drug Free
America to provide technical assistance to State and
local law enforcement to address meth;
$160,000 for Winston and Fayette Counties, AL, for
a meth initiative;
$1,500,000 for the California Department of
Justice, Bureau of Narcotics Enforcement, for the
California Methamphetamine Strategy (CALMS);
$250,000 for the Mineral Area Drug Task Force;
$100,000 for the South Central Missouri Drug Task
Force;
$200,000 for the Southeast Missouri Drug Task
Force;
$100,000 for the Bradford County, PA, Sheriff's
Department for a meth initiative;
$250,000 for the Commerce City, CO, Police
Department for meth initiatives;
$250,000 for the Franklin County, MO, Sheriff's
Department for Operation CHEM;
$250,000 for the Regional Training Center in Sioux
City, IA;
$250,000 for the Iowa Office of Drug Control Policy
for meth initiatives;
$250,000 for the Daviess County, KY, Sheriff's
Department to combat production and distribution of
methamphetamine;
$250,000 for the Oklahoma Bureau of Narcotics and
Dangerous Drug Control Clandestine Laboratory
Enforcement Program;
$250,000 for the Nebraska State Patrol to combat
the production and distribution of methamphetamine;
$250,000 for Polk County, FL, Sheriff's Department
to combat the production and distribution of
methamphetamine;
$250,000 for the Oregon Partnership meth prevention
program;
$350,000 for the Pennyrile Narcotics Task Force in
KY;
$300,000 for the Lincoln County, OR,
Methamphetamine Intervention and Enforcement;
$200,000 for the St. Matthews, SC, Police Dept
Methamphetamine Initiative;
$100,000 for the Merced County, CA, ``Meth is
Death'' Project;
$50,000 for the Lauderdale County, AL, Sheriff's
Office Meth Initiative;
$50,000 for the Colbert County, AL, Sheriff's
Office Meth Initiative;
$100,000 for the Guam Methamphetamine Initiative;
$100,000 for the Miami Tribe's Meth Hot Spots
program;
$250,000 for the Pulaski County, IL, Sheriff
Department Meth Initiative;
$310,000 for the Fresno County, CA, District
Attorney Methamphetamine Initiative;
$500,000 for the TN 13th Judicial District/
Surrounding Counties Methamphetamine Task Force;
$100,000 for the Woodland, CA, Methamphetamine
Enforcement;
$100,000 for the Combined Ozarks Multi-
Jurisdictional Enforcement Team [COMET] in MO;
$750,000 for the Five County Northern UT
Methamphetamine Project;
$125,000 for Jackson County Methamphetamine Clean-
Up in MS;
$250,000 for the Jackson County Mississippi
Sheriff's Department--Narcotics Task Force/Technology;
$100,000 for Jefferson County, Colorado,
Methamphetamine Interdiction & Response;
$300,000 for the Kansas Methamphetamine Prevention
Project;
$400,000 for the Maricopa County Arizona Meth
Funding;
$250,000 for the Methamphetamine Addiction in MT;
$1,000,000 for the Mississippi Bureau of
Narcotics--Methamphetamine Enforcement;
$1,000,000 for the MoSmart Board, MO;
$125,000 for the North Carolina Attorney General
Office Meth Program;
$250,000 for the North Carolina U.S. District
Attorneys Meth;
$200,000 for the State of Minnesota's
Methamphetamine Hot Spots Initiative;
$250,000 for the Statewide Drug Enforcement and Lab
Equipment in NE;
$26,000 for the Wright County Drug Mobile Command;
$500,000 for the Methamphetamine Montana
Initiative;
$300,000 for the Anhydrous Ammonia Nurse Tank Locks
in IA;
$1,000,000 for the Wisconsin I Methamphetamine Law
Enforcement Initiative;
$300,000 for the Louisiana Methamphetamine Task
Force;
$1,750,000 for the Vermont Drug Task Force; and
$60,000 for the Coos and Curry Co. METH Reduction,
OR;
COPS Interoperable Communications Technology Program.--
The conference agreement provides $100,000,000 to continue the
COPS Interoperable Communications Technology Program being
designed and implemented by the COPS Office, in consultation
with NIJ's OS&T as well as the Bureau of Justice Assistance.
The conferees commend the COPS Office for its coordination with
other Federal agencies who deal with public safety
interoperability. The conferees believe coordination of Federal
efforts is critical to ensure our Nation's safety and a
necessity if we are not to fall victim to the pitfalls of the
past.
The conferees strongly support the need for minimum
standards for law enforcement communications technology.
Therefore, OS&T should continue to assist COPS in incorporating
existing minimum standards into the formulation of this grant
program. Within the amount provided, $5,000,000 shall be
transferred to the National Institute of Standards and
Technology (NIST) to continue the efforts of the Office of Law
Enforcement Standards (OLES) regarding the development of a
comprehensive suite of minimum standards for law enforcement
communications.
The conferees commend the Institute for Telecommunication
Sciences (ITS) in Boulder, Colorado, for all their efforts and
contributions to the public safety communications statement of
requirements. Their contributions were critical in addressing
the many issues plaguing public safety organizations for
decades.
Interoperable Standards.--Over a decade ago, APCO Project
25 was established through a joint effort of Public Safety
First Responders, U.S. Industry, and elements of the Federal
Government to provide the public safety community with
interoperable, spectrally-efficient, economically-priced,
digital radios capable of providing a variety of operationally
required functions and features, including backward
compatibility with existing analog land mobile radios.
The Project 25 suite of standards, being developed with
the technical assistance of the Telecommunications Industry
Association (TIA) Standards Committee TR-8, is intended to
satisfy defined user needs, allow multiple vendors to
manufacture some or all components of the Project 25 system at
their discretion, and ensure that components produced by many
sources will be interoperable.
The timely completion of the Project 25 standards for all
of the relevant communications systems equipment is essential
to the public safety community. The conferees are concerned
that the functional standards that specify key Project 25
system interfaces (such as the Inter-RF Subsystem Interface
(ISSI), the Console Interface, and the Fixed Station Interface)
have not been developed or approved, nor have the standards
that define how the interfaces should be tested and evaluated.
The conferees encourage the OLES to work with CommTech
within the National Institute of Justice and the Wireless
Public SAFEty Interoperability COMmunications (SAFECOM) Program
within the Department of Homeland Security, to consider the
issuance of interim standards that can be used to specify the
required functionality and testing validation characteristics.
Law Enforcement Technology Program.--The conference
agreement includes $138,615,000 for the COPS Law Enforcement
Technology Program. The conference agreement adopts by
reference the House report language concerning standards.
Within the overall amounts recommended, the conferees
expect the COPS office to examine each of the following
proposals, to provide grants if warranted, and to submit a
report to the Committees on Appropriations on its intentions
for each proposal:
$750,000 for the City of Lubbock, TX, Police
Department for law enforcement technologies;
$1,125,000 for the State of New Mexico State
Police;
$1,500,000 for the Midwest Forensics Resource
Center, IA;
$500,000 for the Arkansas State Police for law
enforcement technologies;
$500,000 for the City of Stamford, CT, for law
enforcement technologies;
$750,000 for continued participation of Idaho in
the Criminal Information Sharing Alliance;
$750,000 for law enforcement technologies, to be
split evenly between the City of Tucson, AZ Police
Department and the Pima County, AZ Police Department;
$250,000 for law enforcement technologies for
sheriff's offices in Cochise County, AZ;
$2,000,000 for the City of Asheville, NC, Police
Department for law enforcement technologies;
$100,000 for the New Orleans Metropolitan Crime
Commission;
$70,000 for the Leesburg, VA, Police Department for
law enforcement technologies;
$2,100,000 for the Integrated Criminal Justice
Information System for the State of Virginia;
$1,500,000 for a statewide records management
system for Virginia law enforcement;
$15,000 for the Berryville, VA, Police Department
for in-car cameras;
$75,000 for the City of Manassas, VA, Police
Department for law enforcement technologies;
$40,000 for Guin, AL, Police Department for law
enforcement technologies;
$20,000 for the Southside, AL, Police Department
for law enforcement technologies;
$20,000 for the Boaz, AL, Police Department for law
enforcement technologies;
$80,000 for the Morgan County, AL, Sheriff's
Department for law enforcement technologies;
$1,000,000 for the Simulated Prison Environment
Crisis Aversion Tools for programs in Alabama, North
Carolina, and Pennsylvania;
$2,000,000 for law enforcement technology
enhancements for Middle Rio Grande Border Region of
Texas;
$500,000 for the Florida Department of Corrections
for a system to electronically monitor criminal
probationers and link their location to crime events;
$775,000 for the City of Houston, TX, Police
Department for law enforcement technologies;
$500,000 for San Diego County, CA, Sheriff's
Department for automation infrastructure upgrades;
$500,000 for I-SAFE America;
$500,000 for the City of Roseville, CA, Police
Department for law enforcement technologies;
$500,000 for the Placer County, CA, Sheriff's
Department for law enforcement technologies;
$1,000,000 for the Morris County, NJ, Police
Department for law enforcement technologies;
$300,000 for the Sussex County, NJ, Police
Department for law enforcement technologies;
$300,000 for the Somerset County, NJ, Police
Department for law enforcement technologies;
$300,000 for the West Essex Port of Essex County,
NJ, Police Department for law enforcement technologies;
$405,000 for Southside Virginia law enforcement
agencies for law enforcement technologies;
$3,000,000 for the Center for Criminal Justice
Technology;
$350,000 for the City of Moultrie, GA, Police
Department for law enforcement technologies;
$1,500,000 for the Oakland County, MI, Sheriff's
Department for an Identification Based Information
System (IBIS) including portable hand-held digital
fingerprint and photo devices for patrol cars;
$500,000 for the Morgan County, IL, Police
Department for law enforcement technologies;
$350,000 for the City of Beardstown, IL, Police
Department for law enforcement technologies;
$150,000 for the City of Peoria, IL, Police
Department for law enforcement technologies;
$500,000 for the Iowa State University for a cyber-
crime program;
$750,000 for the East Valley Community Justice
Center;
$500,000 for San Bernardino, CA, Police Department
for law enforcement technologies;
$500,000 for the Redlands, CA, Police Department
for a crime mapping project;
$250,000 for the development of an electronic crime
report filing system for San Bernardino County, CA;
$750,000 for the Louisville, KY, Metro Police
Department for mobile data terminals;
$15,000 for the West Buechel, KY, Police Department
for in-car computers and cameras;
$70,000 for the Lynnview, KY, Police Department for
law enforcement equipment;
$1,000,000 for the Onondaga County, NY, Sheriff's
Office for crime fighting technologies;
$400,000 for the Syracuse, NY, Police Department
for law enforcement technologies;
$250,000 for the Lee County, MS, Sheriff's
Department for law enforcement technologies;
$500,000 for the City of Largo, FL, for the Law
Enforcement Accessing Data (LEAD) project;
$500,000 for the Pinellas County, FL, Sheriff's
Department for a consolidated law enforcement records
management system;
$1,250,000 for the City of La Verne, CA, Police
Department for law enforcement technologies;
$750,000 for the Los Angeles County, CA, Sheriff's
Department for law enforcement technologies;
$500,000 for the Criminal Justice Information
System in Mecklenburg County, NC;
$250,000 for the Dallas, TX, Police Department for
law enforcement technologies;
$1,000,000 for law enforcement technologies for the
Genesee/Finger Lakes region;
$580,000 for Jasper County, MO, Sheriff's
Department for law enforcement technologies;
$20,000 for the City of Ozark, MO, Police
Department for law enforcement technologies;
$1,000,000 for Greater Harris County, TX, for in-
car police technologies;
$150,000 for the Batavia, IL, Police Department for
law enforcement technologies;
$1,000,000 for the Kendall County, IL, Sheriff's
Office for law enforcement technologies;
$300,000 for the Village of East Dundee, IL, Police
Department for law enforcement technologies;
$250,000 for the DuPage County, IL, Sheriff's
Office for law enforcement technologies;
$250,000 for the City of Bastrop, LA, Police
Department for law enforcement technologies;
$250,000 for the Tuscaloosa County, AL, Sheriff's
Department for law enforcement technologies;
$250,000 for the Shelby County, AL, Sheriff's
Department for law enforcement technologies;
$250,000 for Aurora, CO, for law enforcement
technologies;
$250,000 for the City of Clearwater, FL, Police
Department for law enforcement technologies;
$250,000 for the City of Mobile, AL, Police
Department for mobile data terminals;
$250,000 for the Riverside County, CA, Sheriff's
Department for law enforcement technologies;
$250,000 for the Pasco County, FL, Sheriff's Office
for in-car cameras;
$100,000 for the Alexander County, NC, Sheriff's
Office for law enforcement technologies;
$250,000 for the City of Corona, CA, Police
Department for law enforcement equipment;
$110,000 for the Page County, VA, Sheriff's Office
for law enforcement technologies;
$60,000 for the Rappahannock County, VA, Sheriff's
Office for law enforcement technologies;
$60,000 for the Orange County, VA, Sheriff's Office
for law enforcement technologies;
$60,000 for the Goochland County, VA, Sheriff's
Office of law enforcement technologies;
$250,000 for the Delaware Courts Organized to Serve
program;
$250,000 for the Cincinnati, OH, Police Department
for a records management system;
$250,000 for the Orange County, CA, Integrated Law
and Justice System;
$50,000 for the Prince William County, VA, Police
Department for law enforcement technologies;
$950,000 for the Fairfax County, VA, Police
Department for law enforcement technologies;
$50,000 for the Fairfax County, VA, Regional
Intelligence Center for law enforcement technologies;
$50,000 for the Fairfax City, VA, Police Department
for law enforcement technologies;
$250,000 for the Rappahannock, VA, Regional Jail
for the criminal information exchange efforts;
$250,000 for the Blount County, TN, Sheriff's
Department for law enforcement technologies;
$250,000 for the University of Central Florida and
the Florida Law Enforcement Consortium to enhance
information sharing among law enforcement in Florida;
$100,000 for the Chesterfield County, VA, Police
Department for law enforcement technologies;
$25,000 for the Dinwiddie County, VA, Sheriff's
Office for law enforcement technologies;
$25,000 for the Isle Wight County, VA, Sheriff's
Office for law enforcement technologies;
$25,000 for the Southampton, VA, Sheriff's Office
for law enforcement technologies;
$100,000 for the City of Chesapeake, VA, Police
Department for laptop computers;
$75,000 for the City of Suffolk, VA, Police
Department for law enforcement technologies;
$150,000 for the Cobb County, GA, Sheriff's
Department for the multi-level law enforcement
technology project;
$80,000 for the City of Lynchburg, VA, Police
Department for in-car cameras;
$80,000 for the City of Harrisonburg and Rockingham
County, VA, consolidated law enforcement network;
$190,000 for the Amherst County, VA, for law
enforcement technologies;
$245,000 for the Bristol Township, PA, Police
Department for law enforcement technologies;
$250,000 for Sarasota County, FL, for law
enforcement technologies;
$250,000 for Manatee County, FL, for law
enforcement technologies;
$250,000 for New Castle, PA, for law enforcement
technologies;
$100,000 for the Anson County, NC, Sheriff's
Department for mobile data terminals;
$200,000 for the Illinois State Police to develop
an encryption system for criminal justice information;
$100,000 for the Ashtabula City, OH, Police
Department for a computer aided dispatch system;
$1,300,000 for technology enhancements for law
enforcement agencies in Northern Illinois;
$250,000 for the Counties of Mid-Carolina Council
of Government for law enforcement activities;
$250,000 for the Putnam County, FL, Sheriff's
Office for law enforcement technologies;
$100,000 for the Macomb County, MI, Sheriff's
Office for law enforcement technologies;
$50,000 for the Shelby Township, MI, Police
Department for law enforcement technologies;
$250,000 for the Sacramento County, CA, Sheriff's
Department for an identification based information
system;
$112,000 for the City of Muncie, IN, for a crime
scene analysis project;
$250,000 for the York City, PA, Police Department
for equipment to improve information sharing and
purchase in-car digital video technology;
$1,000,000 for the National Sheriff's Association
Pegasus program;
$1,000,000 for the Navajo Nation, AZ, for law
enforcement technologies and crime prevention programs;
$500,000 for the City of Key West, FL, Police
Department for law enforcement technologies;
$125,000 for the City of Bayamon, PR, for law
enforcement technologies and crime prevention programs;
$125,000 for the City of Guaynabo, PR, for law
enforcement technologies and crime prevention programs;
$20,000 for the City of Warren, AR, Police
Department for law enforcement technologies;
$150,000 for the Virginia Beach, VA, Police
Department for law enforcement technologies;
$100,000 for the Hampton, VA, Police Department for
law enforcement technologies;
$50,000 for the Accomack County, VA, Sheriff's
Office for law enforcement technologies;
$50,000 for the Northampton County, VA, Sheriff's
Office for law enforcement technologies;
$250,000 for the Borough of Chambersburg, PA,
Police Department for law enforcement technologies;
$200,000 for the Manchester Township, NJ, Police
Department for law enforcement technologies;
$300,000 for the Kern County, CA, Sheriff's
Department for law enforcement technologies;
$70,000 for the San Luis Obispo County, CA,
Sheriff's Department for law enforcement technologies;
$250,000 for the Kalamazoo County, MI, Justice
Integrated Management System;
$250,000 for the Bernalillo County, NM, Sheriff's
Department for law enforcement technologies;
$1,000,000 for the Worcester Polytechnic Institute,
MA;
$500,000 for a Violent Crime Scene Response Unit in
Arizona;
$500,000 for Technology to Combat Crime and
Terrorism in Phoenix;
$1,000,000 for the WV High Technology Consortium
Foundation;
$500,000 for the Detroit WSU for police
initiatives;
$500,000 for NEMESIS--Sharable Law Enforcement CAD
and OMS/JMS;
$1,000,000 for the Missouri Criminal Justice
Integration Project;
$500,000 for the Huntsville, AL, Police Department
Technology and Equipment upgrades;
$500,000 for the Madison County, AL, Sheriff's
Dept. Technology and Equipment upgrades;
$100,000 for the Morgan County, AL, Sheriff's Dept.
Technology and Equipment Upgrades;
$500,000 for the San Mateo County, CA, Sheriff's
Office for law enforcement technologies;
$300,000 for Modesto, CA, for law enforcement
technologies;
$100,000 for Lakewood, NJ, for law enforcement
technologies;
$100,000 for Oakland, CA, for law enforcement
technologies;
$100,000 for Solano County, CA, for law enforcement
technologies;
$250,000 for the Montebello, CA, Police Department
for law enforcement technologies;
$250,000 for Pomona, CA, for law enforcement
technologies;
$188,000 for the Garden Grove, CA, Police
Department for a digital camera system;
$100,000 for Inglewood, CA, for law enforcement
technologies;
$200,000 for Fontana, CA, for law enforcement
technologies;
$100,000 for Colton, CA, for a police
communications project;
$300,000 for Rosemead, CA, for law enforcement
technologies;
$125,000 for Covina, CA, for law enforcement
technologies;
$100,000 for West Covina, CA, for law enforcement
technologies;
$1,000,000 for the San Francisco, CA, Police
Department for a records management system;
$500,000 for Santa Monica, CA, for law enforcement
technologies;
$150,000 for Whittier, CA, for a school resource
officers program;
$200,000 for the Lakewood, CA, Sheriff's
Department, for technology improvements;
$50,000 for the Fullerton, CA, Police Department,
for law enforcement technologies;
$200,000 for Salinas, CA, for the Mobile Automated
Fingerprint and Facial Recognition System;
$200,000 for the Santa Ana, CA, Police Department
for law enforcement technologies;
$500,000 for the Connecticut Department of Safety
for law enforcement technologies;
$500,000 for the Connecticut State Police for law
enforcement technologies;
$100,000 for Baker County, GA, for law enforcement
technologies;
$45,000 for Shellman, GA, for law enforcement
technologies and equipment;
$100,000 for Atlanta, GA, for law enforcement
technologies;
$50,000 for the Illinois State Police Academy;
$100,000 for the State of Illinois for law
communications technologies;
$450,000 for the South Suburban Mayors and Managers
Association, IL, for law enforcement technologies;
$150,000 for the Village of Niles, IL, for law
enforcement technologies;
$300,000 for Southcom law enforcement technologies
in Illinois;
$145,000 for the Jasper County, IN, Sheriff's
Office for law enforcement technologies;
$200,000 for the Portage, IN, Police Department for
law enforcement technologies;
$25,000 for the Porter, IN, Police Department for
technology upgrades;
$500,000 for the Gary, IN, Police Department for
law enforcement technologies;
$250,000 for the Franklin County, KY, for law
enforcement equipment;
$250,000 for Madison County, KY, for law
enforcement technologies;
$375,000 for North Worcester County, MA, for law
enforcement technologies;
$600,000 for Seekonk, MA, for law enforcement
technologies;
$165,000 for the Middlesex County, MA, Sheriff's
Office for offender tracking technologies;
$150,000 for Howard County, MD, for law enforcement
technologies;
$100,000 for Takoma Park, MD, for law enforcement
technology improvements;
$400,000 for the Prince George's County, MD, Police
Department for law enforcement technologies;
$500,000 for the Maine Bureau of Warden Service for
law enforcement technologies;
$200,000 for the Michigan State Police Criminal
Justice Information Network;
$80,000 for the Chippewa County, MI, Sheriff's
Office for law enforcement technologies;
$50,000 for Alger County, MI, for law enforcement
technologies;
$1,000,000 for the Hennepin County, MN, Sheriff's
Department for law enforcement technologies;
$200,000 for Durham, NC, for law enforcement
technologies;
$100,000 for the Charlotte, NC, Sheriff's Office
for law enforcement technologies;
$150,000 for Orange County, NC, for law enforcement
technologies;
$150,000 for the Morrisville, NC, Police Department
for law enforcement technologies;
$500,000 for the Bismarck, ND, Memorial Police and
Training Complex;
$500,000 for Fargo, ND, for law enforcement
technologies;
$100,000 for Jamesburg, NJ, for law enforcement
technologies;
$100,000 for the Newark, NJ, Police Department for
law enforcement technologies;
$1,000,000 for Jersey City, NJ, for SP law
enforcement enhancements;
$1,100,000 for Hudson County, NJ, for law
enforcement technologies;
$125,000 for the New Mexico Department of Public
Safety for law enforcement technologies;
$100,000 for the Suffolk County, NY, Police
Department for law enforcement technologies;
$310,000 for Rochester, NY, for law enforcement
technologies;
$225,000 for the New York City Haber Houses for law
enforcement technologies;
$500,000 for Westchester and Rockland County, NY,
for law enforcement communications;
$200,000 for Brookhaven, NY, for law enforcement
technologies;
$200,000 for White Plains, NY, for law enforcement
technologies;
$140,000 for Westchester County, NY, for law
enforcement technologies;
$75,000 for Niagara, NY, for law enforcement
technologies;
$150,000 for Poughkeepsie, NY for law enforcement
technologies;
$250,000 for the Ulster County, NY, Sheriff's
Department for law enforcement technologies;
$500,000 for Thompkins County, NY for law
enforcement technologies;
$500,000 for Lucas County, OH, for law enforcement
technologies;
$100,000 for Canby, OR, for law enforcement
technologies;
$150,000 for Coos County, OR, for law enforcement
technologies;
$300,000 for Woodburn, OR, for police technology
improvements;
$200,000 for Clatsop County, OR, for law
enforcement technologies;
$500,000 for the State of Pennsylvania for prison
technology upgrades;
$1,000,000 for the State of Pennsylvania for law
enforcement technologies;
$500,000 for Philadelphia, PA, for law enforcement
technologies;
$250,000 for the Tiverton, RI, Police Department
for law enforcement technologies;
$350,000 for the Central Falls, RI, Police
Department for law enforcement technologies;
$200,000 for the Providence, RI, Police Department
for law enforcement technologies;
$400,000 for the Bamberg County, SC, Sheriff's
Department for law enforcement technologies;
$200,000 for Manning, SC, for law enforcement
technologies;
$500,000 for Florence, SC, for law enforcement
technologies;
$250,000 for the El Paso, TX, Police Department for
law enforcement technologies;
$250,000 for El Paso, TX, for law enforcement
technologies;
$100,000 for Dallas, TX, for law enforcement
technologies;
$500,000 Waco Police Dept., TX, law enforcement
technologies;
$500,000 for the Waco, TX, Police Department for
law enforcement communications;
$500,000 for the Salt Lake City, UT, Department of
Public Safety for law enforcement technologies;
$250,000 for the Sandy City, UT, Police Department
for law enforcement technologies;
$400,000 for the Alexandria, VA, Police Department
for law enforcement technologies;
$500,000 for the Snohomish County, WA, Sheriff's
Office for law enforcement technologies;
$500,000 for the Kitsap County, WA, Sheriff's
Department for law enforcement technologies;
$200,000 for the Marathon County, WI, Sheriff's
Department for law enforcement technologies;
$200,000 for the Douglas County, WI, Sheriff's
Department for law enforcement technologies;
$300,000 for the Sun Prairie, WI, Police Department
for law enforcement technologies;
$250,000 for Andover, KS, police technology
equipment;
$100,000 for the Borough of Waynesboro, Franklin
County, PA;
$600,000 for the City of Radcliff Law Enforcement
Equipment, KY;
$300,000 for the City of Reading, PA, Integrated
Geographic Information System;
$150,000 for the City of St. Joseph and Heartland
Health Law Enforcement Communication System, MO;
$150,000 for the Clarion County, PA, Geographic
Information System;
$1,000,000 for the continuation of digital radio
conversion, NH;
$400,000 for the Corpus Christi Radio
Communications and Security Equipment, TX;
$150,000 for the Derry Township, PA, Police
Department;
$150,000 for the Dona Ana County, NM, Command Post
Vehicle;
$300,000 for the ECU Center for Excellence--
Criminal Justice, OK;
$300,000 for El Paso, TX, Interoperability;
$100,000 for the enforcement of crime
identification assistance for the City of Kodiak, AK;
$300,000 for the Extend Radio System, WY;
$200,000 for the Hopkinsville-Christian County--
Pennyrile Narcotics Task Force Partnership Equipment,
KY;
$100,000 for In-Car Video Deployment, City of
Martin, TN;
$100,000 for Interagency Communications in GA;
$200,000 for the Internet Scale Event and Attack
Generation Environment at ISU;
$400,000 for the Iowa State Patrol TraCS software
and computer upgrade;
$400,000 for the Jefferson County Commission, AL,
for video conferencing equipment for the Jefferson
County Criminal Justice Center;
$100,000 for the Jefferson County, CO, COPLINK;
$1,000,000 for the Johnson County, KS, Sheriff's
Office;
$125,000 for the Kansas Attorney General, for
equipment;
$125,000 for the Kansas Bureau of Investigation
mobile data terminals;
$600,000 for the Keene State College/UNH public
safety management system;
$2,500,000 for the Land Mobile Radio migration for
a multi-agency communications network in AK;
$1,000,000 for the Land Mobile Radio site
infrastructure equipment and portable radios for the
Kenai Peninsula Borough, AK;
$1,500,000 for the Land Mobile Radio/Public Safety
Communications for Anchorage Infrastructure, AK;
$240,000 for Las Cruces, NM, Communications
Infrastructure;
$100,000 for the Police Department Command Center
in Billings, MT;
$100,000 for the Police Department Indoor Firearms
Range in Billings, MT;
$200,000 for the Las Vegas, NV, Identity Theft
Center;
$100,000 for the Greenville County, SC,
communications system;
$300,000 for the Huntsville, Alabama Police
Department equipment upgrades;
$1,500,000 for the Matanuska Susitna Borough
Emergency Response Radio Network, AK;
$160,000 for the Mayfield, KY, Police Department
for equipment;
$1,000,000 for the mobile computers for Wasilla,
AK, for police squad cars;
$350,000 for the Montana Supreme Court Video
Conferencing;
$150,000 for the Newport, RI, Area Interoperable
Surveillance Network Upgrade;
$750,000 for the Records Interoperability through
CATlab in NH;
$1,500,000 for the Regional Law Enforcement
Communications System, City of Memphis and Shelby
County;
$300,000 for the Rural Utah Law Enforcement Tech
Program;
$100,000 for the Simpson County improvement to
technology center, KY;
$1,000,000 for the Southaven Police Department for
radios/equipment in MS;
$250,000 for the Statewide Computer Aided Dispatch
[CAD] System, NE, State Patrol;
$2,000,000 for the statewide implementation of
public safety technology through the University of New
Hampshire;
$265,000 for the Training Academy Driver Simulator
for the State of Alaska;
$2,000,000 for the Training Village Public Safety
Officer in the State of Alaska;
$300,000 for the CrimeTracks Georgia;
$250,000 for Voice Viewer Technologies and Law
Enforcement in WY;
$100,000 for the Western Forensic Science and Law
Enforcement Training Center in CO;
$500,000 for the Yazoo City, MS, Police Department;
$300,000 for the Delaware State Police for the
Automatic Fingerprint Identification System;
$200,000 for the New Castle County, DE, Police
Department, for an upgraded records management system;
$500,000 for the Interagency Communications
Interoperability System [ICIS] in CA;
$500,000 for the Solano County, CA, Radio
Interoperability Project;
$350,000 for the Snohomish County, WA, Sheriff Palm
AFIS System;
$60,000 for the Westchester County, NY, Police
Department Interagency Radio Interconnect;
$500,000 for the Town of North Hempstead, NY,
Police Department Communication Management System;
$1,000,000 for the Camden County, NJ, Law
Enforcement Technology;
$500,000 for the Hudson County, NJ, Law Enforcement
Technology;
$450,000 for the North East Minnesota Enforcement
and Safety Information System [NEMESIS];
$1,000,000 for the Fargo, ND, Interoperable
Communications System;
$400,000 for the Bismarck ND, Memorial Training
Complex;
$100,000 for technology upgrades for the Williamson
County, IL, Sheriff's Department;
$3,000,000 for the South Carolina Judicial
Department Case Docket System;
$4,000,000 for the Southeast National Law
Enforcement Technology Center for the Backscatter and
high-energy technology transmission x-ray technology;
$100,000 for Arlington County, VA, for the
Sheriff's Office for a pilot program to test a geo-
location network;
$400,000 for the Burlington, VT, Police Technology
Grant;
$100,000 for the Middlebury, VT, Police Technology
Grant;
$100,000 for the Bellows Falls, VT, Police
Technology Grant;
$325,000 for the Oglala Sioux Tribe, South Dakota
for technology and equipment;
$750,000 for the Massachusetts Law Enforcement
Technology and Training Support Center;
$100,000 for the Essex County, MA, law enforcement
technology;
$500,000 for the Milwaukee Police Department Mobile
Two-Finger ID System, WI;
$90,000 for the Town of Brookfield Police
Department Technology Upgrades, WI;
$100,000 for the City of Elizabeth, NJ, Law
Enforcement Communication Interoperability Enhancement;
$300,000 for the St. Clair County, MI, Sheriff's
Department Communications towers and equipment
upgrades;
$200,000 for the Downriver Mutual Aid
communications equipment, MI;
$750,000 for the Arkansas State Police Automated
Fingerprint Identification System;
$1,400,000 for the Montgomery County, MD, Police
Department for National Capital Region Criminal
Identification System Update;
$400,000 for the Wireless High Speed Network for
Prince George's County, MD;
$700,000 for the City of Rockville, MD, COPS
Technology Grant;
$1,000,000 for the Pierce County, WA, Police Rapid
Mobile Response Network;
$500,000 for Miami-Dade County, FL, Law Enforcement
Technology Enhancements;
$250,000 for the Alachua County/City of
Gainesville, FL, Enforcement Communications Upgrade;
$150,000 for Providence, RI, Police Department
Technology;
$150,000 for the Smithfield, RI, Police Department
Emergency Management Operation Center;
$1,500,000 for the Las Vegas, NV, Metropolitan
Police Department Communications System;
$155,000 for the Churchill County, NV, Sheriff's
Office Interoperability Communication Project; and
$200,000 for the Boulder City, NV, Wireless
Communications Canopy;
Crime Identification Technology Act.--The conference
agreement includes $28,450,000 for the Crime Identification
Technology Act program. Within the overall amounts recommended,
the conferees expect OJP to examine each of the following
proposals, to provide grants if warranted, and to submit a
report to the Committees on Appropriations on its intentions
for each proposal:
$2,000,000 for the Harrison County Public Safety
Automated Systems in MS;
$200,000 for the City of St. Paul/Ramsey County co-
location of public safety equipment in MN;
$325,000 for North Carolina Supreme Court Security;
$200,000 for the MAGIC Pegasus Project for the
Jefferson County Sheriff in AL;
$600,000 for Case and Document Management in MT;
$150,000 for the Marion County, MS, Sheriff's
Department for equipment;
$250,000 for the Pascagoula, MS, Police Department
for equipment;
$1,000,000 for the Alaska Court System Information
Network;
$4,000,000 for the Marshall University Forensic
Science DNA Lab in WV;
$4,000,000 for the West Virginia University
Forensic Science Initiative;
$525,000 for Marshall University Computer Forensics
in WV;
$1,000,000 for the Forensic DNA Analysis Lab at
North Dakota University;
$11,050,000 for the South Carolina Judicial
Department case document system;
$1,000,000 for the Honolulu PD Crime Lab in HI;
$500,000 for the Fox Valley Technical College
[FVTC] DNA Training Initiative in WI;
$1,000,000 for equipment and planning for the
Vermont Forensics Laboratory; and
$400,000 for the Vermont Incident Based Reporting
System.
DNA Initiative.--The conference agreement includes
$110,000,000 for a DNA analysis and capacity enhancement
program including eliminating casework backlogs, eliminating
offender backlogs, strengthening crime lab capacity, training
of the criminal justice community and identifying missing
persons. OJP shall submit a financial plan for this program
within 60 days of enactment of this Act. In addition, the
conference agreement provides $15,000,000 for Paul Coverdell
Forensic Sciences Improvement grants.
Safe Schools Initiative.--The conference agreement
includes $4,325,000 for programs aimed at preventing violence
in public schools, and to support the assignment of officers to
work in collaboration with schools and community-based
organizations to address the threat of terrorism, crime,
disorder, gangs, and drug activities.
Within the amount provided, the COPS Office should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on
Appropriations on its intentions for each proposal:
$750,000 for the Alaska Community in Schools
Mentoring Program;
$300,000 for the Granite School District Anti-
Violence Project in UT;
$125,000 for the HOPE for Henderson Juvenile
Justice in KY;
$200,000 for the Martin Luther King, Jr. Center for
Non-Violence in PA;
$500,000 for School-Based Violence Prevention and
Mentoring in IL;
$1,200,000 for the Schools and Communities Coming
Together in MT; and
$1,250,000 for the Youth Advocates Programs in SC.
Juvenile Justice Programs
The conference agreement includes $384,177,000 for
Juvenile Justice programs, instead of $349,000,000 as proposed
by the House and $360,000,000 as proposed by the Senate. The
conference agreement provides for the following programs:
[In thousands of dollars]
Program Amount
Part A--Coordination of Federal Efforts................. $3,000
Part B--State Formula................................... 84,000
Part D--Research and Development........................ 10,000
Part E--Demonstration Projects.......................... 102,177
Juvenile Mentoring Program.............................. 15,000
Big Brothers/Big Sisters............................ (7,000)
Title V--Incentive Grants............................... 80,000
Tribal Youth........................................ (10,000)
Gang Prevention..................................... (25,000)
Enforcing Underage Drinking Laws Program............ (25,000)
Secure Our Schools Act.................................. 15,000
Victims of Child Abuse Programs......................... 15,000
Juvenile Accountability Block Grant..................... 55,000
Project Childsafe....................................... 5,000
--------------------------------------------------------
____________________________________________________
Total............................................. 384,177
Concentration of Federal Efforts.--The conferees commend
the Office of Juvenile Justice and Delinquency Prevention
(OJJDP) for its leadership of the Coordinating Council on
Juvenile Justice and Delinquency. The conferees understand that
there has been an increase in interest and membership which has
allowed the Council to more effectively examine and address the
Federal, State and local response to juvenile justice issues.
The conferees strongly support the Council's efforts in
addressing truancy, children's mental health issues, and
adolescent substance abuse issues, as well as their role on the
White House Task Force for disadvantaged youth.
Discretionary Grants.--The conference agreement includes
$102,177,000 for part E programs. Within the amounts provided,
OJP is expected to review the following proposals, provide
grants if warranted, and report to the Committees on
Appropriations on its intentions:
$1,900,000 for law-related education;
$1,500,000 for Girls and Boys Town, U.S.A.;
$1,750,000 for the National Council of Juvenile and
Family Court Judges;
$750,000 for Teens, Crime and Community;
$4,000,000 for the Eisenhower Foundation for the
Youth Safe Haven program;
$250,000 for Lea County, NM, for a juvenile
corrections education program;
$150,000 for the Fort Worth Comin' Up Gang Violence
Prevention program, TX;
$700,000 for the University of South Alabama for
youth violence prevention research;
$250,000 for the University of Connecticut for a
juvenile delinquency prevention program;
$200,000 for the Rhode Island Court Truancy Court
Program;
$500,000 for the Dakota Boys Ranch Mentoring
Program in ND;
$200,000 for the Colton Police Activities League
[PAL] Program in CA;
$700,000 for the Los Angeles Community Law
Enforcement and Recovery Program [CLEAR];
$1,600,000 for the continuation of the Office of
Juvenile Justice and Delinquency Prevention's
Protecting Our Children: Working Together to End Child
Prostitution program;
$600,000 for Northwestern University's Juvenile
Project;
$1,750,000 for Parents Anonymous;
$500,000 for the Stark County Court, Juvenile Pre-
Trial Services Office to assist with the implementation
of early intervention strategies for targeted youth in
Stark County, OH;
$500,000 for the juvenile delinquency prevention
programs in Massillon, OH;
$100,000 for A Child is Missing, Inc. in OH;
$225,000 for the Family, Career, and Community
Leaders of America ``Stop the Violence'' program;
$250,000 for the Buckhorn Lake Children's Center
for programs to serve at-risk youth;
$250,000 for Prevent Child Abuse America for the
programs of the National Family Support Roundtable;
$750,000 for the ACA--NY for an anti-drinking
program for children ages 11 and above;
$3,000,000 for the Hamilton Fish National Institute
on School and Community Violence;
$650,000 for Learning for Life;
$350,000 for the Virginia Attorney General's Office
for Class Action and other educational programs in
Virginia schools;
$1,000,000 for the Center for Successful Parenting;
$700,000 for the Association of Christian Community
Computer Centers;
$500,000 for Youth for Tomorrow;
$225,000 for the Memorial Child Guidance Clinic's
Child SAVE program;
$200,000 for the Farmington Children's Home for
delinquency prevention programs;
$200,000 for Operation Blue Ridge Thunder;
$750,000 for the Tarrant County Youth Collaboration
for a child abuse prevention program;
$750,000 for the Residential Care Consortium for
delinquency prevention programs;
$75,000 for Waukon, IA, for a youth intervention
program;
$400,000 for the IMPACT/Night Light Program in San
Bernardino County, CA, to team police officers with
probation officers to reduce juvenile crime;
$250,000 for the Child Endangerment Response
Coalition in Spokane, WA;
$500,000 for the International Youth Service and
Development Corps. for programs in Washington, DC;
$300,000 for Project Choice, a gang prevention
program in Syracuse, NY;
$300,000 for the Violence Intervention and
Prevention Project in Syracuse, NY;
$1,500,000 for the Drug Free America Foundation for
an anti-drug program for youth, parents, and teachers;
$500,000 for Eckerd Youth Alternatives to divert
at-risk and troubled youth from the criminal justice
system through residential and community-based
programs;
$250,000 for the Pinellas County, FL, Police
Athletic League;
$250,000 for the Florida Gulf Coast University
Interagency Family Assessment Team program for at-risk
youth;
$500,000 for the Marcus Institute in Atlanta, GA,
for a juvenile crime and delinquency study;
$250,000 for the ARISE Foundation;
$250,000 for the Miami-Dade Juvenile Assessment
Center;
$250,000 for Darkness to Light;
$60,000 for the Page County, VA, Sheriff's Office
for a juvenile crime prevention program;
$100,000 for the City of South Bend, IN, youth gang
violence prevention initiative;
$100,000 for the CHKD Child Abuse Program;
$250,000 for the South Carolina Department of
Juvenile Justice for statewide technology system
enhancements;
$500,000 for the Daytop, NJ, alcohol and drug
treatment program for at-risk youth;
$250,000 for the Ohel Children's Home & Family
Services for a child abuse prevention program;
$250,000 for juvenile delinquency prevention
programs in Van Wert, OH;
$100,000 for the Laurinburg, NC, for a juvenile
delinquency program;
$150,000 for the DuPage County, IL, Youth Mentoring
Program;
$250,000 for the Teen Challenge program for at-risk
youth in IL;
$250,000 for the Covenant House New Jersey's Right
of Passage program;
$700,000 for the Wayne County, MI, for a juvenile
mentoring program;
$100,000 for the Boys and Girls Home of Nebraska;
$45,000 for the Generation Next Youth Empowerment
Program in Dumas, AR, to prevent juvenile delinquency;
$200,000 for A Child Is Missing, Inc, FL;
$1,500,000 for World Vision for at-risk youth
programs;
$150,000 for Greater Trenton, NJ, for an at-risk
youth program;
$250,000 for the Healthy Schools Initiative in NJ;
$100,000 for A Child Is Missing, Inc, OK;
$250,000 for a juvenile court program in
Philadelphia, PA;
$100,000 for the LaSalle, IL, Child Advocacy
Center;
$100,000 for Operation Take Back Narcotics
Enforcement in Detroit, MI;
$750,000 for the California Safe from the Start;
$750,000 for the Bay Area Youth Violence Prevention
Network;
$450,000 for the San Francisco, CA, ``Safe Streets
Project'';
$100,000 for the City Parks Foundation programs for
at-risk youth in the Bronx, NY;
$500,000 for the Lehman College, NY, program for
at-risk youth;
$100,000 for the Woodycrest, NY, program for at-
risk youth;
$100,000 for the Adventist Healthcare Facility, MD,
for an at-risk youth program;
$100,000 for the DePaul Stand Tall Program;
$300,000 for Fordham University's Regional
Education Technology Center to assist at-risk youth;
$75,000 for the Fordham Youth Ministry for teens;
$250,000 for Project Avary--Children of Imprisoned
Parents;
$100,000 for the After-School Alliance National
Resource Center;
$100,000 for the Sistas and Brothas alternatives to
gangs and drugs;
$200,000 for Youth Ministries for Peace and
Justice;
$400,000 for the Mary Mitchell Family and Youth
Center programs for families and teens;
$475,000 for the Boys and Girls Home and Family
Services, IA;
$300,000 for an at-risk youth program in Chicago
schools;
$700,000 for Messiah College, PA, programs for at-
risk teens;
$100,000 for the Marion County, OR, for the
Children of Incarcerated Parents Initiative;
$100,000 for the Marion County, OR, for Co-
occurring Disorders Pilot Project for at-risk youth;
$200,000 for the Clackamas County, OR, Juvenile
Community Assessment Center;
$500,000 for the Granite, UT, Rock Solid Project
for at-risk youth;
$300,000 for the Spurwink Institute program for at-
risk youth;
$1,000,000 for the Washington State School Security
program;
$500,000 for the USTA for at-risk youth;
$200,000 for the Barron County Restorative Justice
Truancy Initiative;
$200,000 for Phipps Houses;
$900,000 for Philadelphia's College Opportunity
Resources for Education (C.O.R.E.) initiative for at-
risk youth;
$100,000 for the At-Risk Youth Entrepreneurship
Program at New Covenant Campus, PA;
$1,000,000 for the City of Toledo, OH, Police
Athletic League Youth Center for at-risk youth;
$500,000 for Opportunities, Alternatives, and
Resources for youth;
$100,000 for Substance Abuse Prevention for Youth,
MA;
$200,000 for the Liberty's Promise programs for
youth;
$100,000 for the Indiana ``No Workshops, No
Jumpshots'' program for at-risk youth;
$150,000 for the Thomas Area Teen Center for youth;
$150,000 for the City of Dawson, GA, Youth
Advocacy;
$200,000 for the Muscogee County, GA, National
Model Parenting Center;
$75,000 for the Mitchell County, GA, Youth Advocacy
and Outreach Program;
$500,000 for Youth Crime Watch, FL;
$200,000 for Jump Start Tallahassee, FL, for at-
risk youth;
$500,000 for the Juvenile Justice Education Program
Model Study for teens;
$150,000 for the Overtown Youth Center, Miami, FL;
$200,000 for Florence Crittendon programs for at-
risk teens;
$250,000 for the Richland County, SC, ScoutReach
program;
$100,000 for the Village of Riverdale, IL, programs
for youth;
$200,000 for the TechMission Youth Program for at-
risk kids, MA;
$200,000 for Operation Quality Time for at-risk
youth, AZ;
$150,000 for the April Michelle West Foundation's
Winners by Choice program for at-risk teens;
$250,000 for the Camp Police Athletic League of NJ;
$200,000 for Soundview Community in Action for
outreach for teens, NY;
$150,000 for the Project Parkchester Youth Zone;
$100,000 for the Hope and Help for All Foundation
At-Risk Juvenile Mentoring Program;
$200,000 for the Community Outreach Center Drug
Prevention Program, NY;
$200,000 for the Bronx, NY, Cluster of Settlement
Houses At-Risk Youth Mentoring Program;
$300,000 for the Anti-Gang Initiative of the Urban
League of Long Island, NY;
$50,000 for City Parks Foundation programs for at-
risk youth--Queens, NY;
$250,000 for the ABT programs for at-risk youth;
$150,000 for Fortune Society programs for children
of incarcerated parents in NY;
$225,000 for the Nassau County, NY, Youth Board
programs;
$50,000 for the Nassau County, NY, Police Dept.
programs for at-risk youth;
$225,000 for the Grace Multi-Community Development
Corporation, Uniondale, NY;
$250,000 for the Roy Wilkins Park Family Center,
Project Re-Connect;
$100,000 for the GRADS Foundation, Inc. programs
for at-risk youth;
$310,000 for BAM programs to prevent juvenile
delinquency;
$140,000 for the New York Acorn programs to prevent
teen delinquency;
$100,000 for the Community Service Society/
Enterprise Corps programs for at-risk kids, NY;
$200,000 for the Harlem, NY, RBI programs for at-
risk youth;
$200,000 for the NYC College of Tech at-risk youth
education;
$75,000 for the Downtown Learning Center--expansion
of programs for at-risk youth, NY;
$75,000 for City Parks Foundation programs for at-
risk teens in East NY;
$250,000 for the Project Intercept program to
prevent at-risk youth from turning to drugs, NY;
$100,000 for the Brooklyn Arts Council's Arts in
Education Program for at-risk youth;
$60,000 for the Gilbert-Lindsay Center for Youth;
$100,000 for the Junior Aztec Fire Fuels Crew
programs for at-risk kids in Cypress Park, CA;
$250,000 for the Northeast Trees at risk youth
program;
$40,000 for the Reach Our Community Kids (ROCK);
$100,000 for the Eagle Rock Center ``Will Power to
Youth'' programs, CA;
$250,000 for Texas A&M University in Corpus Christi
programs decreasing behaviors in at-risk youth;
$500,000 for the Hispanic National Juvenile
Delinquency Prevention Program--Self-Reliance
Foundation;
$150,000 for the City of Norwalk, CA for the Teen
Alliance Program;
$250,000 for the Before- and After-School
Delinquency Prevention Program, TX;
$150,000 for the Gang Alternative Program in
Southeast Los Angeles County, CA;
$500,000 for the Texas A&M Center for at-risk
youth;
$200,000 for the SBH Services for at-risk youth,
NY;
$200,000 for the Boricua College Project Success
for at-risk youth, NY;
$200,000 for the NYC YD programs for at-risk teens,
NY;
$100,000 for the Loisaida Youth Leadership Academy
for at-risk kids, NY;
$250,000 for the La Esperanza Home for Boys, TX;
$250,000 for the Anaheim, CA, Police Activities
League Center;
$500,000 for the Los Angeles County, CA, Friends of
Child Advocates;
$100,000 for the Teen Shelter, AL, programs for at-
risk teens;
$100,000 for the Northwest Alabama Children's
Advocacy Center;
$50,000 for the Morgan County, AL, Child Advocacy
Center;
$250,000 for the Gateway Healthcare in Pawtucket,
RI, programs for at-risk youth;
$500,000 for the Rhode Island Family Court programs
for youth and families;
$500,000 for the Folwell Neighborhood Association,
MN, programs for kids;
$100,000 for the Collaborative Drug Intervention
Committees, NJ;
$100,000 for the Lena Park Development Corporation
for services for at-risk youth, MA;
$100,000 for the Stillman College Juvenile Justice
Delinquency Prevention Program, AL;
$100,000 Amer-I-Can program for youth, IL;
$100,000 for the Old King's Orchard Community
Center Teen Reach Program, IL;
$100,000 for the Juvenile Justice Center at Suffolk
University Law School, MA;
$100,000 for the Vermont Coalition of Teen Centers;
$500,000 for the Youth Development and Crime
Prevention Initiative, CA;
$60,000 for the Middlesex District Attorney
Citizenship in Action Institute;
$300,000 for the Jovenes program for at-risk youth;
$150,000 for NYC Arts for at-risk youth;
$200,000 for the Medgar Evers at-risk youth
program;
$100,000 for the VA ``No Workshops, No Jumpshots'';
$100,000 for Metropolitan Family Services for at-
risk youth;
$200,000 for the Mayor's Time disadvantaged and at-
risk youth program;
$100,000 for Wayne County, MI, Teen Court;
$375,000 for a Salinas Gang Violence program for
at-risk youth;
$200,000 for the Washington County, OR, for a
juvenile justice prevention program;
$400,000 for the Alabama Council on Substance
Abuse-NCADD;
$2,000,000 for the Alaska Child Advocacy Center for
a child abuse investigation program;
$600,000 for the Alaska Children's Trust child
abuse prevention program;
$750,000 for the Alaska Mentoring Demonstration
Project for a statewide at-risk youth mentoring
program;
$1,000,000 for the Alaska Youth Courts;
$300,000 for An Achievable Dream program in VA;
$2,000,000 for the Anaheim Learning Center in CA;
$3,000,000 for the Cal Ripken, Sr., Foundation;
$602,000 for the Child Support Enforcement
Incentives in AK;
$100,000 for the Clinton County, PA, Action Team
Against Drugs;
$1,000,000 for the Crimes Against Children Research
Center at the University of New Hampshire;
$100,000 for the Child Protection Program/Nez Perce
Tribe, Lapwai, ID;
$75,000 for the Shelby County, TN, Youth Violence
and Gang Prevention--Initiative;
$500,000 for the Daniel Webster Boy Scout Council
for outdoor education;
$3,000,000 for the Life Skills Training Program in
Saint Augustine, FL;
$1,750,000 for the Girl Scouts Beyond Bars and PAVE
programs;
$600,000 for the Iowa Mentor Center for a rural
mentoring program in partnership with Big Brothers/Big
Sisters;
$300,000 for the Jackson, MS, Juvenile Justice &
Delinquency Prevention Program;
$4,000,000 for the Junior Achievement program;
$200,000 for the Juvenile Fire Setters Prevention
Program;
$100,000 for the Juvenile Justice Program
Enhancement in UT;
$100,000 for the Juvenile Justice Work Program in
UT;
$75,000 for the Lonesome Pine Office on Youth in
VA;
$250,000 for the MO Juvenile Justice Labs;
$200,000 for the Morning Star Ranch, Florence, KS;
$125,000 for the Native American Liaison at the
Child and Family Intervention Center in Billings, MT;
$100,000 for the New Hampshire Expansion of the Go
Girl Go program;
$300,000 for the State of New Mexico for juvenile
offenders;
$225,000 for the University of Southern Mississippi
Citizenship and Justice Academy;
$350,000 for the USM Family Network Partnership
Program;
$600,000 for the Western Kentucky University
Spotlight Youth Program;
$200,000 for the Winona State University Child
Protection/Training Center in Minnesota;
$100,000 for the ``I Have a Dream'' Foundation;
$800,000 for the Juvenile Justice Information
System in HI;
$600,000 for Children & Families First of DE;
$200,000 for the New Mexico Police Athletic League;
$750,000 for the Outdoor Education Center project,
Harpers Ferry, WV;
$350,000 for Women In Support of the Million Man
March in Newark, NJ;
$150,000 for Brookdale Community College for
Project OPTIMIST in NJ;
$400,000 for the Generations of Hope program in IL;
$100,000 for the Horizons for Youth program in IL;
$250,000 for the San Jose, B.E.S.T At-Risk Youth
and Anti-Gang Program in CA;
$500,000 for the Drug Endangered Children program
in IA;
$325,000 for Court Teams for Maltreated Infants and
Toddlers in IA;
$200,000 for WINGS for kids, SC;
$100,000 for the Children in Crisis in SC;
$3,000,000 for the Hawaii Rural Youth Outreach
Program;
$750,000 for the Families and Schools Together
(FAST) in Wisconsin;
$60,000 for the Eau Claire County Restorative
Justice Program in WI;
$150,000 for the Milwaukee Summer Stars program in
WI;
$500,000 for Louisiana Children's Advocacy Centers;
$300,000 for the Washington County Youth Service
Bureau, VT;
$250,000 for the Nevada Child Seekers;
$200,000 for the Computer Corp Skills and Knowledge
Acquired Toward Enhancing Success in NV; and
$100,000 for the S.A.F.E. House Domestic Violence
Counseling Center in NV.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in the At Risk Children Program (Title V), the
conference agreement provides $25,000,000 for grants to assist
States in enforcing underage drinking laws.
Gang Prevention.--The conference agreement includes
$25,000,000, within Title V grants, for OJP to administer a
gang resistance and education program. These funds shall be
available to develop comprehensive community strategies to
address gangs, including anti-gang education programs and
coordination with Federal, State and local law enforcement.
This program shall be administered by the Bureau of Justice
Assistance with assistance from the Bureau of Alcohol, Tobacco,
Firearms and Explosives, and the Office of Juvenile Justice and
Delinquency Prevention.
Internet Safety.--The conferees strongly support programs
that provide various services and resources to protect children
from being vulnerable to on-line predators. The conferees
understand there are a multitude of arenas where parents, law
enforcement personnel, school personnel and after-school
programs can obtain information about Internet safety. The
conferees desire a better understanding of what types and how
many Internet safety programs are being Federally funded. The
conferees direct the Administrator of the Office of Juvenile
Justice, in coordination with the Coordinating Council on
Juvenile Justice and Delinquency, to submit a report on
Federally funded internet safety programs to the Committees on
Appropriations within 180 days of the enactment of this Act.
Victims of Child Abuse Act.--The conference agreement
includes $15,000,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA). The recommendation
provides the following:
$3,000,000 for Regional Children's Advocacy
Centers, as authorized by section 213 of VOCA;
$9,500,000 for local Children's Advocacy Centers,
as authorized by section 214 of VOCA;
$50,000 for the National Children's Advocacy Center
in Huntsville, AL, to implement a training program;
$850,000 for the National Children's Alliance for
technical assistance and training, as authorized by
section 214a of VOCA; and
$1,600,000 for the National Center for Prosecution
of Child Abuse for specialized technical assistance and
training programs to improve the prosecution of child
abuse cases, as authorized by section 214a of VOCA.
Public Safety Officers Benefits
The conference agreement includes $69,464,000 for this
account, including $63,054,000 for death benefits, $3,615,000
for disability benefits, and $2,795,000 for education benefits.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101 provides language making up to $60,000 of the
funds appropriated to the Department of Justice available to
the Attorney General for reception and representation expenses.
Section 102 provides language, included in prior
Appropriations Acts, which prohibits the use of funds to
perform abortions in the Federal Prison System.
Section 103 provides language, included in previous
Appropriations Acts, which prohibits use of the funds in this
bill to require any person to perform, or facilitate the
performance of, an abortion.
Section 104 provides language, included in previous
Appropriations Acts, which states that nothing in the previous
section removes the obligation of the Director of the Bureau of
Prisons to provide escort services to female inmates who seek
to obtain abortions outside a Federal facility.
Section 105 includes language providing authorization for
Department of Justice programs until the effective date of a
subsequent Justice authorization act.
Section 106 provides language allowing the Department of
Justice, subject to the Committees' reprogramming procedures,
to transfer up to 5 percent between any appropriation, but
limits to 10 percent the amount that can be transferred into
any one appropriation. The provision also prohibits transfers
of funds from the Bureau of Prisons Buildings and Facilities
account unless the President certifies that such a transfer is
necessary to the national security interests of the United
States, and such authority shall not be delegated, and shall be
subject to section 605 of this Act.
Section 107 provides language to continue section 114 of
Public Law 107-77 during fiscal year 2005.
Section 108 includes language regarding additional
funding for Project Seahawk.
Section 109 provides for the extension of the Personnel
Management Demonstration Project for certain positions of the
Bureau of Alcohol, Tobacco, Firearms and Explosives.
Section 110 prohibits the Drug Enforcement Administration
from establishing procurement quotas in certain circumstances.
Section 111 provides for the establishment of procurement
quotas for certain drugs following the approval of a new drug
application.
Section 112 empowers the Director of the FBI to, on a
case-by-case basis, delay the mandatory retirement age of 57
for FBI agents until the agent reaches 65 years of age.
Currently, the Director is authorized to delay mandatory
retirement until the agent reaches 60 years of age. This
provision does not require agents to work past the age of 57,
but gives the Director the authority to extend agents until the
age of 65 in certain circumstances.
Section 113 provides the Director of the FBI with the
authority, after consultation with the Office of Personnel
Management (OPM), to provide retention and relocation bonuses
to employees with high or unique qualifications who in the
absence of bonuses would likely leave the FBI. The provision
also allows for retention and relocation bonuses for
individuals transferred to a different geographic area with a
higher cost of living. A bonus may total up to 50 percent of an
employee's basic rate of pay.
Section 114 authorizes the Director of the FBI to provide
for the establishment and training of an FBI Reserve Service
that would facilitate streamlined, temporary re-hiring from a
pre-certified cadre of retired FBI employees who possess the
specialized skills required to deal with the demands of a
crisis or other special situation. The provision will allow the
FBI to quickly access experienced employees in the event of an
emergency, without adversely impacting reserve service members'
retirement pay.
Section 115 authorizes the FBI, in conjunction with the
Office of Management and Budget and the Office of Personnel
Management, to pay critical intelligence positions up to an
Executive Schedule I salary provided that the position is
determined to be (1) a high level position in a scientific,
technical, professional, or administrative field, and (2)
critical to the FBI's mission.
Section 116 provides authority for the Bureau of Alcohol,
Tobacco, Firearms and Explosives to use confiscated funds
during undercover operations.
Section 117 amends Title 31 of the United States Code to
provide protection for the Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives.
Section 118 requires the Bureau of Prisons to submit a
financial plan.
Section 119 directs the Bureau of Prisons to work with
the Federal Public Defender in the Southern District of Florida
on a pilot program.
Section 120 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 121 restricts Federal prisoner access to certain
amenities.
Section 122 provides for payment of certain eligible
radiation exposure claims.
Section 123 changes the name of the National Prison Rape
Reduction Commission to the National Prison Rape Elimination
Commission.
Section 124 establishes the 9/11 Heroes Medal of Valor.
Section 125 provides for the transfer of certain land to
the Secretary of the Army.
Section 126 establishes an Office of Justice for Victims
of Overseas Terrorism, as recommended by the Koby Mandell Act
of 2003, to ensure that the investigation and prosecution of
deaths of American citizens overseas are a high priority within
the Department of Justice. The Office shall create a Joint
Agency Task Force consisting of Department of Justice and
Department of State personnel to be activated in the event of a
terrorist incident against American citizens overseas.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $41,552,000 for the
Office of the United States Trade Representative (USTR) for
fiscal year 2005, as proposed by both the House and Senate.
The conference agreement adopts, by reference, language
proposed by the House regarding the United States trade deficit
with other nations, reporting requirements, and international
standards.
The conferees expect the USTR to make use of all
available mechanisms, including the safeguards delineated under
the Trade Act of 1974, specifically Sections 301 and 421, to
address the disruptions resulting from trade with the People's
Republic of China.
The conference agreement includes language proposed by
the Senate regarding the establishment and the responsibilities
of a Chief Negotiator for Intellectual Property Enforcement.
The conference agreement continues language from the
prior year regarding certain trade negotiations to be conducted
within the World Trade Organization, as proposed by the Senate.
National Intellectual Property Law Enforcement Coordination Council
The conference agreement includes $2,000,000 for the
National Intellectual Property Law Enforcement Coordination
Council (NIPLECC), instead of $20,000,000 as proposed by the
Senate.
The conference agreement adopts by reference Senate
report language regarding the mission of the NIPLECC and the
creation of a Coordinator for International Intellectual
Property Enforcement to head this Council.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $61,700,000 as proposed
by both the House and Senate for the International Trade
Commission for fiscal year 2005.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $401,513,000 in total
resources for the programs of the International Trade
Administration (ITA) for fiscal year 2005, of which $8,000,000
is to be derived from fee collections, as proposed by both the
Senate and House.
Manufacturing and Services.--Of the amounts provided
under this heading, the conference agreement includes
$10,000,000 for the National Textile Center, $3,000,000 for
Textile/Clothing Technology Corporation, $500,000 for Kansas
City Smart Port, and $500,000 for the continuation of the
international competitiveness program.
Market Access and Compliance.--Of the amounts provided
under this heading, sufficient funding is provided to continue
the BISNIS program.
Import Administration.--The conferees direct the
Department to ensure that in cases regarding non-market
economies, the surrogates are carefully selected. For those
alleged dumping cases, the Department should clearly
distinguish the fundamental differences in production processes
and rely upon all credible expert information (including
economic modeling and industry-based cost comparisons) in
determining whether the financials of a surrogate realistically
reflect costs. The conferees note that in chemical cases, as
well as other cases, producers of identical products may not be
the most reliable surrogate if they are distinctly different in
size or production process. The conferees direct the Department
to select the surrogates that most accurately reflect actual
costs.
United States and Foreign Commercial Service.--Of the
amounts provided under this heading, the conferees direct that
overseas position levels dedicated to the Baltics will remain
at fiscal year 2004 levels.
The conferees expect the Department to continue to fully
participate in and contribute to the Clean Energy Technology
Exports Initiative, a nine-agency approach to help open
international markets and aid in the export of a range of
United States clean energy technologies.
The conference agreement adopts, by reference, language
regarding the Appalachian-Turkish Trade Project as proposed by
the Senate.
The conferees direct the Secretary of Commerce to report
back to the Committees on Appropriations, no later than January
20, 2005, on the trade and U.S. employment impact of the
currency valuation of our trading partners including China,
Japan, Vietnam, South Korea, Taiwan, the Ukraine, and
Indonesia.
The conference agreement includes bill language
designating the amounts available for each unit within ITA. The
conferees remind ITA that any deviation from the funding
distribution provided in the bill and report, including
carryover balances, is subject to reprogramming procedures set
forth in section 605 of this Act. In addition, ITA is directed
to submit to the Committees on Appropriations, not later than
60 days after the enactment of this Act, a spending plan for
all ITA units that incorporates any carryover balances from
prior fiscal years.
The conference agreement adopts, by reference, language
as proposed by the Senate under the heading of World Trade
Organization. The conference agreement adopts, by reference,
language as proposed by the House concerning imports of
polyester fibers from Korea, Channa micropeltes also known as
Snakehead fish, staffing for market access compliance,
establishment of a dispute settlement mechanism, report on
right-sizing methodology, human rights training, spending plan,
trade missions, foreign currency valuation, Caribbean Basin,
Global Diversity, the rural export program, and travel
expenditures.
The conference agreement includes $500,000 for the Rural
Export Initiative for fiscal year 2005, and directs the ITA to
work with the West Virginia High Technology Consortium
Foundation. Further, the conferees expect the previously
provided $500,000 for the Rural Export Initiative's National
Technology Transfer Center to be awarded or otherwise made
available to the West Virginia High Technology Consortium
Foundation.
The conference agreement includes report language as
proposed by the House regarding the Office of Trade and
Economic Analysis (OTEA). The conference agreement includes up
to $3,000,000 for this purpose.
The conference agreement includes, by reference, report
language as proposed by the House regarding jobs in food
manufacturing (including confectionery) and the submission of a
certain report.
The conferees direct the Secretary of Commerce to take
all necessary steps to ensure that American business interests
are represented in international standards negotiations,
including those concerning digital telecommunications. The
conferees continue to direct that ITA collaborate with NIST,
the USTR, and the State Department to reduce trade barriers to
U.S. business exports. The conferees direct the Secretary to
report to the Committees on Appropriations regarding the steps
taken to ensure these goals are met and what obstacles are
impeding the conferees' intended results. This report should
include proposals to transfer existing ITA and NIST personnel
on a temporary or permanent basis to certain international
organizations.
Executive Direction.--The conferees are concerned
regarding the accuracy and timeliness of information presented
to the Committees on Appropriations, specifically data
regarding financial and human capital. The conferees urge the
Secretary to address the conferees' concerns.
Language is included regarding a certain international
trade study.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The conference agreement includes a total operating level
of $68,393,000 for the operations and administration of the
Bureau of Industry and Security (BIS), as proposed by the
House, instead of $70,872,000, as proposed by the Senate.
The conference agreement adopts, by reference, Senate
report language regarding a certain report.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The conference agreement includes $257,423,000 for
Economic Development Assistance (EDA) Programs. The conferees
direct EDA to continue traditional programs to provide needed
assistance to communities struggling with long-term economic
dislocation, as well as sudden and severe economic dislocation.
Of the amounts provided, $166,593,000 is for Public Works and
Economic Development; $45,400,000 is for Economic Adjustment
Assistance; $24,500,000 is for planning; $8,435,000 is for
technical assistance, including university centers; $12,000,000
is for trade adjustment assistance; and $495,000 is for
research.
The conference agreement adopts, by reference, language
proposed by the House regarding coal and timber industry
downturns, and assistance to applicants and requirements for
applicants. The conference agreement adopts, by reference,
Senate language regarding the economic downturns including the
timber, steel, and coal industries, United States-Canadian
trade-related issues, communities in New England, the mid-
Atlantic, Hawaii, and Alaska impacted by fisheries regulations,
and communities in the southeast impacted by downturns due to
the North American Free Trade Agreement.
SALARIES AND EXPENSES
The conference agreement includes $30,483,000 for the
salaries and expenses of the Economic Development
Administration, instead of $30,565,000 as proposed by the
House, and $30,400,000 as proposed by the Senate.
The conference agreement adopts, by reference, House
language regarding efforts to maximize the operating funding
level, a special headquarters reserve fund, and requirements
for reorganization proposals.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $29,899,000 for the
Minority Business Development Agency for fiscal year 2005,
instead of $31,555,000 as proposed by the Senate, and
$28,899,000 as proposed by the House. The conference agreement
adopts, by reference, House language regarding the
Entrepreneurial Technology Apprenticeship Program.
The conference agreement adopts, by reference, Senate
language regarding the Initiative on Asian Americans and
Pacific Islanders. The conferees continue to support the Office
of Native American Business Development.
Economic and Information Infrastructure
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
The conference agreement includes $80,000,000 for the
economic and statistical analysis programs of the Department of
Commerce, including the Bureau of Economic Analysis (BEA), for
fiscal year 2005, instead of $78,211,000 as proposed by the
House, and $81,764,000 as proposed by the Senate.
The BEA has received programmatic increases over the past
four years to ensure that policy makers have access to more
accurate and timely economic data.
Language is included regarding a grant to the National
Academy of Public Administration to conduct a comprehensive
study on the effects of off-shoring on the U.S. workforce and
economy. Subcontracts should be awarded as necessary.
Information and opinion should be collected from stakeholders
in business, education, and government, as well as professional
associations and employee organizations.
Bureau of the Census
The conference agreement includes a total operating level
of $754,881,000 for the Bureau of the Census, instead of
$773,881,000 as proposed by the House, and $605,768,000 as
proposed by the Senate.
SALARIES AND EXPENSES
The conference agreement includes $198,765,000 for the
salaries and expenses of the Bureau of the Census for fiscal
year 2005, instead of $174,304,000 as proposed by the Senate,
and $202,765,000 as proposed by the House.
The conference agreement adopts, by reference, House
report language regarding the highest priority core activities,
reimbursement, the monthly Export-Import and Trade Balance
statistics on a North American Industry Classification System
(NAICS) basis, and the Advanced Technology Trade Imports,
Exports, and Net Balance By Country, domestic stock production,
and other key reports.
Periodic Censuses and Programs
The conference agreement includes a total of $556,116,000
for all periodic censuses and related programs in fiscal year
2005, instead of $571,116,000 as proposed by the House, and
$431,464,000 as proposed by the Senate. Of the amounts
provided, $146,009,000 is provided for the American Community
Survey, and $82,310,000 is for the Master Address File/
Topologically Integrated Geographic Encoding and Referencing
(MAF/TIGER) system. The conferees expect to be kept apprised on
a monthly basis on the expenditure of these funds.
The conference agreement includes language regarding the
collection of data on race identification.
National Telecommunications and Information Administration
The conference agreement includes a total of $39,202,000
for the National Telecommunications and Information
Administration (NTIA), instead of $17,820,000 as proposed by
the House and $58,194,000 as proposed by the Senate.
SALARIES AND EXPENSES
The conference agreement includes $17,433,000 for the
Salaries and Expenses appropriation of the NTIA, instead of
$15,282,000 as proposed by the House, and $21,583,000 as
proposed by the Senate.
The conference agreement adopts, by reference, language
proposed by the House regarding the maximization of the
operating level and reimbursements.
Public Telecommunications Facilities, Planning and Construction
The conference agreement includes $21,769,000, the same
amount as in the Senate, instead of $2,538,000 as proposed by
the House.
Information Infrastructure Grants
The conference agreement includes language allowing
recoveries and balances to be used for administration of open
grants as proposed by the House. The Senate proposed an
appropriation of $14,842,000.
United States Patent and Trademark Office
SALARIES AND EXPENSES
The conference agreement includes $1,544,754,000 for the
United States Patent and Trademark Office (USPTO) for fiscal
year 2005, the same as proposed by the Senate, and
$1,523,407,000 as proposed by the House.
The conference agreement includes language restricting
certain travel payments and language designating full-time
equivalents and funding for certain functions.
The conference agreement adopts, by reference, language
proposed by the House regarding the National Inventor's Hall of
Fame and Inventure Place and the International Intellectual
Property Institute.
The conference agreement adopts, by reference, language
proposed by the Senate regarding the Whittemore School of
Business for an intellectual property rights pilot project.
The conference agreement includes $20,000,000 for USPTO's
efforts to combat piracy and counterfeiting overseas, as
proposed in the Senate report.
The conferees remind the PTO that any changes from the
funding distribution provided in the bill and report including
carryover balances are subject to the reprogramming procedures
set forth in section 605 of this Act.
In addition, PTO is directed to submit to the Committees
on Appropriations, not later than three months after the
enactment of this Act, a spending plan, which incorporates any
carryover balances from previous fiscal years and any increases
to the patent or trademark fee structure.
Science and Technology
Technology Administration
SALARIES AND EXPENSES
The conference agreement includes $6,547,000 for
necessary expenses of the Under Secretary for Technology Policy
and the Office of Technology Policy, as proposed by the House,
instead of $6,407,000 as proposed by the Senate.
The conference agreement includes $200,000 for the World
Congress on Information Technology.
National Institute of Standards and Technology
The conference agreement includes $708,692,000 for the
National Institute of Standards and Technology (NIST) for
fiscal year 2005, instead of $524,970,000 as proposed by the
House, and $784,963,000 as proposed by the Senate.
Scientific and Technical Research and Services
The conference agreement includes $383,892,000 for the
Scientific and Technical Research and Services (core programs)
of the NIST, as proposed by the Senate, instead of $375,838,000
as proposed by the House. Of the funds made available,
$2,900,000 is provided for transfer to the NIST Working Capital
Fund.
[In thousands of dollars]
Committee
recommendation
Electronics and Electrical Engineering.................. $49,590
Manufacturing Engineering............................... 23,779
Chemical Science and Technology......................... 43,951
Physics................................................. 41,796
Materials Science and Engineering....................... 60,897
Building and Fire Research.............................. 21,779
Computer Science and Applied Mathematics................ 63,820
Technology Assistance................................... 15,592
National Quality Program................................ 5,465
Research Support Activities............................. 57,223
--------------------------------------------------------
____________________________________________________
Total, STRS....................................... 383,892
Within the funds made available for Electronics and
Electrical Engineering, $4,000,000 is provided for the Office
of Law Enforcement Standards (OLES) to fund the highest
priority homeland security research projects. Projects managed
by OLES are to be coordinated with the Department of Justice
and the Department of Homeland Security. In addition,
$1,000,000 is for a nanoelectronics initiative to support the
development of semiconductor technologies.
Within the funds made available for Manufacturing
Engineering, $2,000,000 is for the nanomanufacturing initiative
enabling critical infrastructural measurements and standards
for the developing nanotechnology industry.
Within the funds made available for Physics, $3,000,000
is for quantum computing. The conference agreement adopts
language, as proposed by the Senate, regarding support of
NIST's Nobel Laureates' efforts.
Within the funds made available for Materials Science and
Engineering, $6,000,000 is provided for upgrades to the
National Center for Neutron Research in order to meet the
increasing demand for this national scientific resource.
Within the funds made available for Building and Fire
Research, $2,000,000 is for measurements and standards for
advanced fire fighting technologies. Numerous innovative
technologies are becoming available for the Nation's fire
departments. Unfortunately, there are few standard test methods
able to assess the performance of these instruments.
Within the funds made available for Computer Science and
Applied Mathematics, $500,000 is for NIST's efforts in support
of the Technical Guidelines Development Committee, as
established under the Help America Vote Act, Public Law 107-
252. Additionally, the conferees recognize the need to continue
support of the US-VISIT program and other biometric programs of
the Departments of State and Justice and have provided
$2,000,000 to allow for NIST to begin testing the accuracy of
multimodal systems, develop guidelines for testing fingerprint
segmentation methods, and determining the influence of multiple
images on the accuracy of facial biometrics.
The Nation's critical infrastructure continues to be at
risk due to inadequate security, which is subject to
exploitation, including the critical systems of the Federal
Government. The Congress has designated the Computer Security
Division as having the authority and responsibility of
developing Federal standards, security guidelines, security
checklists and associated methods and techniques for securing
information systems, specifically Federal non-classified
systems. These responsibilities are derived from the Federal
Information Security Management Act and the Cyber Security
Research and Development Act. The conference agreement includes
$10,000,000 to develop the standards, guidelines, security
specifications, testing methods, checklists, and testing and
scanning tools necessary to protect the Nation's cyberspace.
Within the funding for Research Support, an increase of
$3,000,000 is provided to the Competence program and
$10,050,000 is provided for Business Systems. The
recommendation continues funding of $2,400,000 for a telework
project and $6,500,000 for a critical infrastructure program,
both of which received similar funding in fiscal year 2004.
Chemical Science and Technology Study.--The conferees
understand that the current methods of bulk asbestos analysis
were designed to segregate commercial asbestos products
containing more than 1 percent asbestos and may be inadequate
for determining low concentrations of asbestos that occur in
the natural environment. The conferees are aware of private-
sector interest in developing a mass-based method that is
accurate to the 0.1-1 WT percent levels and which will
segregate asbestos from non-asbestos particles on mine-grade
samples of amphiboles and a method for distinguishing asbestos
and non-asbestos particles in airborne filter samples. The
conferees direct NIST to provide to the Committees on
Appropriations in both the House and Senate, not later than
January 31, 2005, a determination on whether developing such a
methodology is necessary and, if so, the process, cost, and
timetable for developing this methodology.
Industrial Technology Services
The conference agreement includes $251,300,000 for the
Industrial Technology Services appropriation of the National
Institute of Standards and Technology, instead of $106,000,000
as proposed by the House, and $315,000,000 as proposed by the
Senate.
Manufacturing Extension Partnership program (MEP).--The
conference agreement includes $109,000,000 to fully fund all
MEP centers. The conference agreement includes bill language
prohibiting the Secretary of Commerce from recompeting any
existing Manufacturing Extension Partnership Center prior to
2007. Federal support for the MEP program, combined with State
and private sector funding, has translated into more jobs, more
tax revenue, more exports, and a more secure supply source of
consumer and defense goods. The MEP program is an economical
and prudent means of assisting small manufacturers that want to
remain in the United States, continue to hire American workers,
and stay competitive in the global market place. Of the amounts
provided, $3,000,000 is to ensure small and rural States
receive necessary manufacturing assistance and services. The
conferees have reviewed the Department of Commerce's report
entitled, ``Manufacturing in America'' and its recommendations.
The conferees do not support the report's recommendation to
reorganize the MEP program around a regional approach. The
conferees recognize that the original concept of 12 regional
centers for MEP is not the best model to address the needs of
small and medium-sized manufacturers. The conferees support
MEP's expansion in order to equalize services to all types of
manufacturers across the country. The conferees direct the
Secretary of Commerce to provide the necessary coverage for
small and medium-sized manufacturers. In addition, the
conferees are concerned about the ability of small and rural
States to provide adequate `matching' funds. The conferees
direct MEP to develop a program, which will provide additional
assistance to small and rural States and report back to the
Committees on Appropriations by April 15, 2005, with an
implementation plan.
The conference agreement includes a new provision naming
the Manufacturing Extension Partnership Centers the Hollings
Centers.
The conference agreement adopts, by reference, language
in the House report regarding the requirements for applicants
seeking assistance.
Advanced Technology Program.--The conference agreement
provides an appropriation of $142,300,000 for the Advanced
Technology Program (ATP), instead of $203,000,000 as proposed
by the Senate and no funding as proposed by the House. The
conference agreement does not adopt bill language providing
specific funding for new awards as proposed by the Senate.
Construction of Research Facilities
The conference agreement includes $73,500,000 for the
construction and major renovations of the NIST campuses at
Boulder, Colorado, and Gaithersburg, Maryland.
The conferees provide $23,000,000 for safety, capacity,
maintenance, and major repairs, and $7,000,000 for the central
utility plant upgrades for the Boulder, Colorado, facility.
National Oceanic and Atmospheric Administration
The conference agreement includes a total of
$3,940,000,000 for the National Oceanic and Atmospheric
Administration (NOAA), instead of $3,158,000,000 as proposed by
the House and $4,141,793,000 as proposed by the Senate. The
conference agreement includes funding under the same account
structure as in previous years as proposed by the House,
instead of unifying the two main accounts as proposed by the
Senate.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes total funding of
$2,872,065,000, instead of $2,324,000,000 as proposed by the
House. The Senate bill included $4,109,646,000 under a new
``Operations, Research, Facilities, and Systems Acquisition''
account which included funding for activities under this
account. Of the amount provided, $65,000,000 is from balances
in the account entitled, ``Promote and Develop Fishery Products
and Research Pertaining to American Fisheries'', instead of
$79,000,000 as proposed by the House, and $57,000,000 as
proposed by the Senate. The net appropriation from the General
Fund is $2,804,065,000.
Language is included prohibiting any general
administrative charge against an assigned activity in this Act
or the accompanying report. An exception is provided to
facilitate the modernization of NOAA's grant systems. The
conferees endorse the language in the Senate report emphasizing
the need to expedite financial assistance to grantees.
Language is also included capping the amount provided for
corporate services administrative support at $171,530,000, and
capping the amount available to the Department of Commerce
Working Capital Fund at $39,500,000.
The conference agreement stipulates that any deviation
from the amounts designated for specific activities in the
report accompanying this Act shall be subject to the procedures
set forth in section 605 of this Act.
The conference agreement includes, by reference, language
in the House report regarding the submission of a report on
amounts planned for line office personnel and overhead, and a
report on positions, full-time equivalents, and salary-related
costs for each line office.
The conferees support the intent of the Senate report
language connecting the NOAA budget with the agency's strategic
plan and goals. However, the conferees were surprised to learn
through NOAA's appeal in response to the Senate bill that the
agency is unable to track its funds or execute its budget in
alignment with its strategic goals. Accordingly, the language
proposed by the Senate has not been adopted. The conferees
have, however, provided a crosswalk for appropriated amounts
between strategic goals and line offices in the financial
tables included in this statement.
The following table identifies the activities, sub-
activities, and projects funded in this appropriation:
NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE
The conference agreement includes a total of $548,788,000
for activities of the National Ocean Service (NOS). The
conference agreement adopts, by reference, language in the
House report on the hydrographic survey backlog, and on the
strategy for the use of private mapping services. The
conference agreement adopts, by reference, language in the
Senate report regarding NOAA's Integrated Coastal Ocean
Observing System, including the important contributions of the
National Data Buoy Center and the National Center for
Environmental Prediction (NCEP) Environmental Modeling Center.
The conferees agree that amounts provided to address the
hydrographic survey backlog on the line items ``North Pacific
Maritime Boundary Line'', ``Gulf of Alaska'' and ``North
Pacific'' may be used to contract for hydrographic services in
Alaska in areas defined as ``navigationally significant'' in
the current edition of the NOAA Hydrographic Survey Priorities.
The conference agreement includes funding for NOAA to
consult with and provide assistance to the Departments of
Defense and Interior and the Environmental Protection Agency in
carrying out their responsibilities in cleaning up Vieques,
Puerto Rico.
The conference agreement for the Marine Sanctuary Program
includes $2,000,000 for the conservation of artifacts related
to the USS MONITOR, including the vessel's turret and engine.
These funds are provided for that grant in addition to the
amounts currently provided for public education, the housing of
MONITOR archives, and artifact conservation. The conferees
expect that MONITOR exhibits will reference any support
provided by NOAA and the Marine Sanctuary Program. The
conference agreement for the Marine Sanctuary Program also
includes $500,000 to be used for international marine sanctuary
and reserve issues, including, but not limited to, the work
with the Galapagos Islands Marine Reserve. The conferees expect
funds will be allocated, from within amounts provided for the
Marine Sanctuary program, for conservation activities at the
Monterey Bay National Marine Sanctuary Exploration Center.
The conference agreement adopts, by reference, report
language regarding Pier Romeo and a Memorandum of Understanding
between the NOS Assistant Administrator and other Federal
agencies as proposed by the Senate.
NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE
The conference agreement includes $674,199,000 for the
operations of the National Marine Fisheries Service (NMFS).
The conference agreement adopts, by reference, language
proposed by the House regarding continuation of funding for
implementation of a West Coast in-season harvest data
collection system. The conference agreement also includes, by
reference, language in the House report regarding the
development of forensic tools, the protection of consumers from
bacteria in raw molluscan shellfish, and the continuation of
funding for the Gulf and Atlantic Foundation for education
programs regarding Vibrio vulnificus.
The conference agreement includes additional funding for
marine mammal activities, as proposed by the Senate. Of the
funding provided for Dolphin Encirclement, NMFS is directed to
dedicate funding and efforts on revising downward its
definition of a vessel that is not capable of setting on or
encircling dolphins to reflect the fact that vessels smaller
than 400 short tons are known to engage in this practice.
The conference agreement adopts, by reference, language
proposed by the Senate under the heading Native Hawaiian
Observer Program.
Within funds provided for Habitat Conservation, the
conferees encourage NOAA to work with the Ocean Resources
Enhancement and Hatchery Program in California, if warranted,
and to support the program's efforts to evaluate the
effectiveness of marine replenishment.
The conference agreement includes funding for
maintenance, operations, and lease costs of all NMFS labs. The
conference agreement includes, by reference, language in the
House report regarding future NMFS base budget requests.
The conferees urge NOAA to continue support for Virginia
Trawl Survey activities.
NOAA RESEARCH/OCEANIC AND ATMOSPHERIC RESEARCH
The conference agreement includes $409,278,000 for the
Oceanic and Atmospheric Research (OAR) line office.
The conference agreement adopts, by reference, language
in the House report on ballast water exchange programs;
forecasting models for beach closings; coordination of efforts
to protect the Great Lakes, including a report on mercury
contamination; and responding to the report of the Research
Review Team.
The conferees reject the proposed reductions in the
budget request to continue activities at the fiscal year 2004
level for paleoclimate and abrupt climate change research; for
social science research related to climate variability,
including the human dimensions of climate change; and for
educational outreach.
Funding is included in the Climate Research account for
Joint and Cooperative Institutes for the institutes to continue
their work at fiscal year 2004 levels. The conferees direct
NOAA to fund all Joint Institutes on a fully annualized basis
for fiscal year 2005.
The conference agreement adopts, by reference, language
regarding the Economic Development Alliance of Hawaii, and
language regarding the Hawaii Marine Invasives Program, as
proposed by the Senate under the National Marine Fisheries
Service.
The conference agreement adopts, by reference, language
in the Senate report regarding the distribution of funds for
the Ocean Exploration Program and the National Undersea
Research Program (NURP), including the participation in the
Ocean Exploration Program.
NOAA NATIONAL WEATHER SERVICE
The conference agreement includes $710,796,000 for the
operations of the National Weather Service (NWS).
The conference agreement adopts, by reference, language
in the House report on weather radio coverage in certain
locations. The conferees agree that the amount provided for Air
Quality Forecasting includes $750,000 for efforts to establish
air quality and meteorological monitoring equipment throughout
the Shenandoah Valley as described in the House report.
The conference agreement includes funding for the
Susquehanna River basin flood system within funding for
Advanced Hydrological Prediction Services.
The conferees urge NOAA and NWS to take maximum advantage
of capabilities and services that already exist in the
commercial sector to eliminate duplication and maximize the
accomplishment of the core mission of the NWS.
The conference agreement adopts, by reference, language
regarding the weather radar and office in Williston, ND, as
proposed by the Senate.
NOAA SATELLITES/NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION
SERVICE
The conference agreement includes $178,319,000 for the
operational and research and development programs of the
National Environmental Satellite, Data, and Information Service
(NESDIS).
Data Dissemination.--The conferees are concerned that
with the significant increase in oceanographic and
environmental data collection in Hawaii and the American Flag
Territories, including the Northwestern Hawaiian Islands, NOAA
continues to have inadequate capacity to provide timely data
and services to the region. The conferees urge NOAA to enhance
its Pacific Ocean and environmental data services and
specifically encourage NOAA to incorporate the ongoing data
management and archival activities at the University of
Hawaii's Asia-Pacific Data Research Center (APDRC) as a
critical component of an NOAA Pacific Ocean and Environment
Information Center.
NOAA-WIDE PROGRAM SUPPORT
The conference agreement includes $348,185,000 for
Program Support.
The conference agreement adopts, by reference, language
in the Senate report regarding the NOAA Education Initiative.
The agreement includes $6,500,000 for the Office of Education
and new initiatives to improve K-12 environmental, science and
math outreach and education. Of this amount, $100,000 is
provided to replicate the successful ``Science on a Sphere''
environmental education technology display at the John C.
Stennis Space Center's Infinity Center facility. The conferees
have shifted funding for a number of specific educational
programs to the NOAA-wide program support area. As in past
years, the BWET Hawaii program is to be managed by the Pacific
Coastal Services Center. The amounts under the NOAA Ocean
Exploration Program provided under NOAA Research include
$1,500,000 to support the Sea Research Foundation's Immersion
Project as described in the Senate report.
The conference agreement adopts, by reference, Senate
report language regarding modernization of NOAA's
infrastructure, including the fleet of vessels and aircraft,
and the fleet modernization plan. The referenced plan should
also provide a breakdown by geographic region, including the
Western Pacific. Within the marine services activity,
$15,350,000 is provided to ensure the full-year operation of
the NOAA vessels OSCAR DYSON, FAIRWEATHER, NANCY FOSTER, and
HI'IALAKAI, at standard operating tempos. The amounts within
fleet planning and maintenance include $2,000,000 for these
same vessels. The conference agreement includes $1,000,000 for
staffing, training and planning for the newly dedicated NOAA
ocean exploration vessel. The conference agreement also
includes an increase of $2,100,000 above the budget request,
and above the House and Senate bills, to offset fuel price
increases for all NOAA ships and aircraft.
The conferees agree that, within the amount provided for
Marine Services, NOAA shall take the necessary actions to
convey a decommissioned NOAA ship in operable condition to the
Utrok Atoll local government as authorized by Public Law 108-
219.
Of the amounts provided for Facilities, $200,000 shall be
used for completion of the Santa Cruz Laboratory sea water
system.
PLANNING AND PROGRAM INTEGRATION
The conference agreement includes $2,500,000 for Planning
and Program Integration.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes $1,053,436,000 under
this heading instead of $840,000,000 as proposed by the House.
The Senate bill included funding for these activities under the
``Operations, Research, Facilities, and Systems Acquisition''
account. The conference agreement makes funding available for
three fiscal years with exceptions for certain construction
activities.
The conference agreement includes language clarifying
procurement authorities related to the National Polar-Orbiting
Operational Environmental Satellite System.
Of the amount provided for Maryland Chesapeake Bay
Coastal and Estuarine Land Conservation projects, $1,000,000 is
for Wapiti Farms and $300,000 is for Holly Grove.
The conference agreement adopts, by reference, language
regarding land acquisition and construction, including Section
2 (Fish & Wildlife Coordination Act), as proposed by the
Senate.
The conference agreement includes language proposed by
the Senate requiring the submission of multi-year program cost
estimates for each NOAA procurement, acquisition and
construction program having a total multi-year cost of more
than $5,000,000.
The conference agreement includes $2,400,000 for acoustic
quieting, outfitting and improvements for the OSCAR DYSON. The
conferees understand that NOAA's first acoustically quiet
fisheries research vessel is not meeting its design
specifications. The conferees are concerned about NOAA's
inability to adequately address this key design element within
the original project budget and schedule. The conferees agree
that NOAA shall submit a report to the Committees by January 1,
2005, addressing quieting issues in fisheries research vessels,
including other vessels in the design and construction phase.
The conference agreement includes $34,000,000 to complete
funding for the construction of the third NOAA Fisheries
Research Vessel; $5,600,000 for initial procurement of the
fourth NOAA Fisheries Research Vessel which will be homeported
on the West Coast; and $9,300,000 to complete funding for the
SWATH hydrographic vessel.
The following distribution reflects the activities funded
within this account:
PACIFIC COASTAL SALMON RECOVERY
The conference agreement provides $90,000,000 for Pacific
Coastal Salmon Recovery, instead of $80,000,000 as proposed by
the House and $99,000,000 as proposed by the Senate. Language
is included extending authorization for this program in fiscal
year 2005 and authorizing participation by the State of Idaho.
Funds provided under this heading shall be allocated as
follows: $24,000,000 for Alaska; $13,000,000 for California;
$2,500,000 for Columbia River Tribes; $4,500,000 for Idaho;
$13,000,000 for Oregon; $8,000,000 for Pacific Coast Tribes;
and $25,000,000 for Washington.
With respect to the amounts for Alaska, the conferences
agree to the following allocation: $3,500,000 is for the Arctic
Yukon-Kuskokwim Sustainable Salmon initiative; $1,000,000 is
for the Cook Inlet Fishing Community Assistance Program;
$500,000 is for the Yukon River Drainage Association;
$3,368,000 is for Fairbanks hatchery facilities; $250,000 is
for an initiative to redefine optimum goals for sockeye,
chinook, and coho stocks; $2,500,000 is for the NSRAA Hatchery;
$500,000 is for Coffman Cove king salmon; $250,000 is for the
State of Alaska to participate in discussions regarding the
Columbia River hydro-system and for fisheries revitalization;
$100,000 is for the United Fishermen of Alaska's subsistence
program; $3,500,000 is to restore salmon fisheries in Anchorage
at Ship Creek, Chester Creek, and Campbell Creek, including
habitat restoration and facilities; $500,000 is for Alaska
Village Initiatives to enhance salmon stocks; $800,000 is for
Bristol Bay Science and Research Institute; $1,100,000 is for
the Alaska Fisheries Development Foundation; $150,000 is for
the State of Alaska for fishing rationalization research;
$1,500,000 is for the State of Alaska for fisheries monitoring;
$1,500,000 is for the Alaska SeaLife Center to restore salmon
runs in Resurrection Bay; $500,000 is for the southeast
Revitalization Association for its fleet stabilization program;
$1,000,000 is for the Kenai River; and $200,000 is to restore
the Craig watershed.
Of the amounts provided to the State of Washington,
$3,500,000 is for the Washington State Department of Natural
Resources and other State and Federal agencies for purposes of
implementing the State of Washington's Forest and Fish report,
and $3,000,000 is for the purchase of mass marking equipment
used at Federal hatcheries in Washington State to promote
selective fisheries and protect threatened and endangered
species.
Of the amounts provided to the State of Oregon,
$1,000,000 is for conservation mass marking at the Columbia
River Hatcheries.
The conferees agree that NOAA shall report to the
Committees by March 31, 2005, on final performance measures for
this program, including an assessment of cumulative program
effects on Pacific salmon stocks, and the identification of
recovery needs of specific salmon populations as a resource for
determining future funding allocations.
COASTAL ZONE MANAGEMENT FUND
The conference agreement includes language allowing the
transfer of up to $3,000,000 to the ``Operations, Research, and
Facilities'' account for the costs of implementing the Coastal
Zone Management Act, as proposed by the Senate.
FISHERMEN'S CONTINGENCY FUND
The conference agreement includes $499,000 for the
Fishermen's Contingency Fund, instead of no funding as proposed
by the House and $956,000 as proposed by the Senate.
FISHERIES FINANCE PROGRAM ACCOUNT
The conference agreement includes language proposed by
the Senate providing $287,000 to subsidize up to $5,000,000 for
Individual Fishing Quota loans and up to $59,000,000 for
fishing capacity reduction loans, of which $40,000,000 may be
used for the United States distant water tuna fleet, and
$19,000,000 may be used or the United States menhaden fishery.
OTHER
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $48,109,000 for costs
related to managing the Department of Commerce, instead of
$52,109,000 as proposed in the House, and $55,550,000 as
proposed in the Senate. The conference agreement includes
$1,621,000 and 12 full-time equivalents for the legislative
affairs function of the Department.
The conference agreement includes, by reference, language
proposed in the House report regarding the security upgrades to
the Herbert C. Hoover building, and language regarding office
relocations.
The conferees direct the Secretary of Commerce, in
cooperation with the Secretaries of Energy and Labor, to
examine and prepare a study on the economic impacts of rising
natural gas prices on energy-intensive industries overseas. The
conferees expect a report to be provided to the Committees on
Appropriations no later than 120 days after the enactment of
this Act.
United States Travel and Tourism Promotion
The conference agreement includes $10,000,000 for the
United States Travel and Tourism Promotion program, instead of
$20,000,000 as proposed by the Senate. The House did not
include funding for this purpose.
Office of Inspector General
The conference agreement includes $21,660,000 for the
Inspector General for fiscal year 2005, instead of $22,249,000
as proposed by the House and $21,071,000 as proposed by the
Senate.
General Provisions--Department of Commerce
The conference agreement includes the following general
provisions for the Department of Commerce:
Section 201 making Department of Commerce funds available
for advanced payments only upon certification of officials
designated by the Secretary that such payments are considered
to be in the public interest.
Section 202 making appropriations for the Department for
Salaries and Expenses available for hire of passenger motor
vehicles, and for services, uniforms and allowances as
authorized by law.
Section 203 providing the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committees of certain actions.
Section 204 providing that any costs incurred by the
Department in response to funding reductions shall be absorbed
within total budgetary resources available.
Section 205 prohibiting the use of Commerce Department
funds for the purpose of reimbursing the Unemployment Trust
Fund or any other account of the Treasury to pay unemployment
compensation for temporary census workers.
Section 206 designating amounts available in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' fund and including language to provide
authorities for a certain Board.
Section 207 authorizing the Secretary of Commerce to
operate a marine laboratory.
Section 208 extending the availability of funds to
administer the Emergency Steel Loan Guarantee Act of 1999.
Section 209 providing the authority and amounts to
administer a certain fishing capacity reduction program.
Section 210 establishing the position of Coordinator for
International Intellectual Property Enforcement.
Section 211 designating funds for certain projects.
Section 212 extending authorization for the environmental
cleanup of the Pribilof Islands.
Section 213 making permanent the conservation and
management of marine mammals in the State of Hawaii.
Section 214 establishing the Ernest F. Hollings
Scholarship program.
Section 215 regarding a certain land transfer.
Section 216 regarding an ocean activities fund.
Section 217 regarding E-government initiatives.
Section 218 authorizing a fishing capacity reduction
program.
Section 219 authorizing a fishing capacity reduction
program.
Section 220 regarding a community development quota
program.
Section 221 designating funding for a fishing capacity
reduction program.
TITLE III--THE JUDICIARY
The conferees adopt by reference the Senate report
language regarding budgetary constraints and reminding the
Judiciary that it should comply with section 605 of this Act.
The conferees also adopt by reference the House report language
concerning fast track programs.
Supreme Court of the United States
SALARIES AND EXPENSES
The conference agreement includes $58,122,000 for the
salaries and expenses of the Supreme Court, as proposed by the
House and the Senate. The conferees adopt by reference House
report language regarding public access to Supreme Court
proceedings. The conferees also adopt by reference House and
Senate report language regarding personnel and inflationary
increases.
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $9,979,000 for the
Supreme Court ``Care of the Building and Grounds'' account, as
proposed by the House, instead of $10,579,000 as proposed by
the Senate. The conference agreement is $600,000 below the
request because of the planned delay in renovating the Supreme
Court's kitchen. The conference agreement adopts by reference
the House report language concerning budget requests to
renovate the Court.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement includes $21,780,000 for the
United States Court of Appeals for the Federal Circuit, instead
of $20,624,000 as proposed by the Senate and $22,936,000 as
proposed by the House. The conferees adopt by reference Senate
report language regarding funding for a Deputy Circuit
Executive, a disaster recovery plan, and an independent
security assessment.
Consistent with the budget request, the amount provided
includes $541,000 transferred from the Court Security
appropriation for eight court security officers currently
stationed at the Court of Appeals for the Federal Circuit. In
addition, the conferees have become aware that the Federal
Circuit relies on an annual reimbursement from the Courts of
Appeals, District Courts, and Other Judicial Services, Salaries
and Expenses account to cover certain costs associated with
library operations. To eliminate the need for this
reimbursement, the amount provided includes $400,000 for
library expenses that have previously been transferred from the
Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses account.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement includes $14,888,000 for the
U.S. Court of International Trade, as proposed by the House,
instead of $14,060,000 as proposed by the Senate.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $4,177,244,000 for the
salaries and expenses of the Courts of Appeals, District
Courts, and Other Judicial Services, as proposed by the House,
instead of $4,131,487,000 as proposed by the Senate. The amount
provided assumes that Federal Protective Service charges are
funded in the Court Security account.
Office of Probation and Pretrial Services.--The conferees
adopt by reference the Senate report language on the Office of
Probation and Pretrial Services in the Southern District of
Florida.
The Edwin L. Nelson Local Initiative Program.--Within 30
days of enactment of this Act, the Administrative Office (AO)
will report to the Committees on Appropriations the financial
status of this program. This report, at a minimum, will include
a list of all courts that have received grants to date, the
reasons for the grants, and the amounts provided. Hereafter,
the AO shall submit this information on a quarterly basis.
VACCINE INJURY COMPENSATION TRUST FUND
The conference agreement includes $3,298,000 from the
Vaccine Injury Compensation Trust Fund instead of $3,471,000 as
proposed by the House and $3,159,000 as proposed by the Senate.
DEFENDER SERVICES
The conference agreement includes $676,385,000 for the
Federal Judiciary's Defender Services account, instead of
$676,469,000 as proposed by the House and $648,116,000 as
proposed by the Senate.
The conferees adopt by reference the Senate report
language regarding an increase in the hourly rate for panel
attorneys in capital cases and an increase in the case
compensation maximum for panel attorneys in non-capital cases.
The conferees also adopt by reference the Senate report
language concerning training programs by the Federal Defender's
Office in the Southern District of Florida.
The conference agreement includes section 119 supporting
a pilot program with the Bureau of Prisons and the Federal
Public Defender's Office in the Southern District of Florida.
By October 15, 2005, the Defender's Office should report to the
Committees on Appropriations on the cost savings achieved by
this pilot program.
FEES OF JURORS AND COMMISSIONERS
The conference agreement includes $61,535,000 for Fees of
Jurors and Commissioners, instead of $62,800,000 as proposed by
the House and Senate. The conference agreement fully funds the
Judiciary's latest estimate of needs for this account.
COURT SECURITY
The conference agreement includes $332,000,000 for the
Judiciary's Court Security Account, instead of $379,580,000 as
proposed by the House and $274,653,000 as proposed by the
Senate.
The conference agreement includes the transfer of the
Federal Protective Service (FPS) charge from the Salaries and
Expenses account to this account. The conferees understand that
the FPS has not provided the Administrative Office (AO) of the
U.S. Courts with a detailed justification to substantiate the
34 percent increase in FPS security costs assessed to the
judiciary in fiscal year 2005, as discussed in the Senate
report. The conferees are unable to confirm the need for an
increase, and therefore the conference agreement only provides
$58,000,000 for FPS security charges, which is the fiscal year
2004 payment plus an inflationary cost increase.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The conference agreement includes $68,200,000 for the
Administrative Office of the United States Courts (AOUSC)
instead of $68,635,000 as proposed by the House and $67,249,000
as proposed by the Senate. The conferees adopt by reference the
Senate report language concerning cost saving measures, new
positions for program oversight, the Edwin L. Nelson Local
Initiatives program, and requirements for reprogramming actions
under section 605.
Federal Judicial Center
SALARIES AND EXPENSES
The conference agreement includes $21,737,000 for
salaries and expenses of the Federal Judicial Center as
proposed by the House, instead of $21,670,000 as proposed by
the Senate.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
The conference agreement includes $36,700,000 for payment
to various judicial retirement funds, as proposed by the House
and Senate.
United States Sentencing Commission
SALARIES AND EXPENSES
The conference agreement includes $13,304,000 for the
U.S. Sentencing Commission, as proposed by the House instead of
$12,404,000 as proposed by the Senate.
General Provisions--The Judiciary
Section 301.--The conference agreement includes a
provision allowing appropriations to be used for services as
authorized by 5 U.S.C. 3109.
Section 302.--The conference agreement includes a
provision related to the transfer of funds.
Section 303.--The conference agreement includes a
provision allowing up to $11,000 to be used for official
representation expenses of the Judicial Conference of the
United States.
Section 304.--The conference agreement includes a
provision raising the compensation maximums for Criminal
Justice Act panel attorneys.
Section 305.--The conference agreement includes a
provision requiring the Administrative Office to submit an
annual financial plan for the Judiciary.
Section 306.--The conference agreement includes a
provision allowing for a salary adjustment for Justices and
judges.
Section 307.--The conference agreement includes a
provision changing the fee structure for district court
filings.
Section 308.--The conference agreement includes a
provision changing the Central Violations Bureau processing
fees.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
In total, the conference agreement includes
$8,882,787,000 for the Department of State and the Broadcasting
Board of Governors. Of the total amount provided,
$8,750,187,000 is derived from general purpose discretionary
funds and $132,600,000 is scored as mandatory spending. This
funding level includes significant program increases to improve
diplomatic readiness and security. The conference agreement
includes $1,571,022,000 to continue worldwide security
activities, including the design and construction of
replacement facilities for the most vulnerable overseas posts.
DEPARTMENT OF STATE
The conference agreement for the Department of State is
intended to continue the Department's efforts to meet emerging
diplomatic requirements, strengthen diplomatic and border
security, and institute sweeping management reforms. In the
past five fiscal years, the Congress has provided
appropriations to significantly increase the Department's
operating budget, including funding to support the hiring and
training of new employees.
The conference agreement includes a total of
$8,283,227,000 for fiscal year 2005 for the Department of
State. Of the total amount provided, $8,150,627,000 is derived
from general purpose discretionary funds and $132,600,000 is
scored as mandatory spending. The conferees expect that this
funding level will allow the Department to meet critical
embassy security and staffing requirements, modernize its
technology and equipment, and continue vigorous management
reform initiatives to right-size America's overseas presence.
The conference agreement includes a total of
$6,314,122,000 for the discretionary appropriation accounts
under Administration of Foreign Affairs; $1,672,000,000 for
International Organizations; $64,130,000 for International
Commissions; and $100,375,000 for other activities. The
conferees' priorities for the Department of State are
delineated in the following paragraphs.
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $4,228,702,000 for the
Diplomatic and Consular Programs account, instead of
$4,278,701,000 as proposed by the House and $4,151,755,000 as
proposed by the Senate. The conference agreement includes
$658,702,000 to continue funding for worldwide security
upgrades, and $319,994,000 for public diplomacy programs. The
conference agreement represents an increase of $165,214,000
above the fiscal year 2004 appropriation, excluding emergency
appropriations.
Right-sizing.--The conferees urge the Department to move
forward expeditiously with its right-sizing plan. Right-sizing
refers to the reconfiguration of overseas U.S. Government
personnel to the number necessary to achieve U.S. foreign
policy goals. The conferees recognize that, as the property
manager for all U.S. Government properties overseas, the
Department of State faces considerable pressure to accommodate
ever-greater numbers of non-State Department personnel in its
overseas facilities. Given the increasing security
vulnerabilities of U.S. Government personnel and facilities,
the conferees strongly urge the Department to use the most
stringent criteria for determining overseas staffing levels. In
addition, the conferees expect the staffing decision-making
mechanism used for the U.S. mission in Iraq to be the model for
future right-sizing efforts.
For any right-sizing framework to be effective, it must
have two main components: (1) a process for determining,
internally, the appropriate number of State Department
personnel stationed overseas, and (2) an interagency process
for determining the appropriate number of non-military U.S.
government personnel stationed overseas. To this end, the
conference agreement designates $3,000,000 for the Department
to continue the operations of the Office on Right-Sizing the
United States Overseas Presence. The conferees expect that this
Office, which shall continue to report directly to the
Undersecretary for Management, will lead the Department's
effort to develop internal and interagency mechanisms to better
coordinate, rationalize, and manage the deployment of U.S.
government personnel overseas. The conferees expect the Office
of Right-Sizing to report to the Committees on Appropriations
each year on June 1 regarding the trends in overseas staffing,
and support for Chiefs of Mission (COM) and to undertake a
review of certain posts, as described in the Senate report.
As part of the overall right-sizing function, the
conferees encourage the Department to review the International
Cooperative Administrative Support Services (ICASS) system to
ensure that the system contributes to right-sizing efforts.
The conferees commend the Department for its recent steps
to strengthen internal processes for determining staffing
projections for overseas personnel needs. However, more needs
to be done. The conferees are not aware of any right-sizing
analysis in the past several years that has resulted in a
proposed reduction to a country-wide staffing presence. The
conferees are supportive of the concept of regionalization.
Regionalization refers to the practice of basing certain
administrative functions and personnel in regional centers, or
``hubs'', thereby creating efficiencies. The conferees note
that the Department continues to make less than notable
progress towards developing an interagency right-sizing
process, but anticipates that the capital security cost sharing
plan will create new right-sizing incentives to facilitate
meeting the conferees' expectations. Language is included
establishing and outlining the requirements of the Department's
capital cost sharing plan to encourage other Federal agencies
to examine more closely whether the personnel they send
overseas are truly mission-critical. The conferees remind the
Department that this interagency process should not supercede
the authority of COMs to determine the composition of their
posts, but rather, to serve as a tool and support mechanism.
The post must remain at the center of the right-sizing process.
Border Security Program.--The conference agreement
includes $836,480,000 for the Department's Border Security
Program, of which $75,000,000 is from appropriated funds,
$661,480,000 is funded through the collection of Machine
Readable Visa (MRV) fees, and approximately $100,000,000 is to
be funded through a proposed Enhanced Border Security Program
Fee. The conferees expect this funding to provide for an
increase of 60 new consular positions, for a total position
base of 2,585 positions by the end of fiscal year 2005. The
conferees direct the Department to continue its bimonthly
reporting on MRV fee revenues as specified in the conference
report accompanying the fiscal year 2003 Supplemental
Appropriations Act (Public Law 108-11). Disruption of the
border security program due to a MRV fee shortfall must be
avoided at all costs. The conferees would therefore entertain
areprogramming of funds out of the Diplomatic and Consular Programs
account to cover any unanticipated shortfall in the Department's Border
Security Program.
The conference agreement adopts, by reference, language
as proposed in the House report concerning efforts to
strengthen the visa process to make it an effective anti-
terrorism tool. Further, the conference agreement adopts, by
reference, language in the Senate report concerning the
Interagency Study on the Visa Clearance Process. The conferees
require the Department of Justice to work with the Departments
of Homeland Security and State on this effort.
Within the amount provided, $175,000 is to support the
United States' membership in the Arctic Council and $40,000 is
to support the United States' membership in the Bering Straits
Commission. The former includes funds for representation
expenses and travel for United States delegates.
The conference agreement includes language increasing the
fees the Department of State may collect for passports and
immigrant visas.
Public Diplomacy.--The conference agreement includes
language designating $319,994,000 for the Department's Public
Diplomacy program. The conferees continue to believe that
separately identifying public diplomacy resources will
facilitate monitoring funding levels and trends for these
activities. The need to strengthen our public diplomacy has
gained urgency as we continue to see alarming public opinion
polls and foreign media content relating to the war on
terrorism and the war in Iraq that reveal profound anti-
American sentiments, and often a rejection of our values. The
need for expanded efforts is primarily, but not exclusively, in
the Arab and Muslim world. The conferees direct the Department
to submit reports outlining the criteria for measuring
performance of these expanded efforts, and expect these reports
to be submitted to the Committees on Appropriations on a
quarterly basis.
The conference agreement adopts language as proposed in
the House report regarding the American Corners program. The
conference agreement also adopts language regarding efforts to
counter disinformation and deliberate misinformation.
The conferees urge the Department to review the
recommendations made by the Defense Science Board Task Force on
Strategic Communication in their September 2004 report.
The conferees commend the Department on the establishment
of an office of policy, plans, and resources within the Office
of the Under Secretary for Public Diplomacy and Public Affairs;
and the recent efforts and proposed plans to strengthen the
authority of the Under Secretary to improve accountability for
public diplomacy resources. The conferees continue to urge the
Department to improve interagency coordination; increase
resources dedicated to program performance measurement and
research; expand the English language office; support speaker
and fellows programs; expand American studies programs,
including American Corners; and increase public diplomacy staff
with better language skills. The conferees adopt, by reference,
language in the Senate report concerning the Department's
Public Diplomacy Strategy, PD Global Forum, and Micro-grants.
The conference agreement includes, by reference, language
in the Senate report regarding the refining of a public
diplomacy strategy, including the harmonization of mission and
strategy with the Broadcasting Board of Governors, and the
incorporation of ongoing international assistance and volunteer
programs into public diplomacy.
The conference agreement adopts, by reference, language
included in the Senate report concerning the 9/11 Commission
Report, including a report on how the Department intends to
implement its recommendations.
The conferees include $2,500,000 for the Ambassador's
Fund for Cultural Preservation. Currently, there is no greater
need for achieving understanding than in the Middle East.
Therefore, within amounts available, at least $500,000 is for
projects in the Middle East.
The conference agreement adopts, by reference, language
included in the Senate report concerning Continuing Overseas
Language Training and provides $6,000,000 for this purpose.
Cultural Antiquities Task Force.--The conference
agreement also includes $1,000,000 for a cultural antiquities
task force as described in the Senate report. The task force
will coordinate with all relevant Federal law enforcement and
cultural agencies to prevent further looting and promote
preservation of Iraq's historically and culturally significant
works. The conferees expect the Department to create a database
as described in the Senate report. The conferees further urge
the Department to make changes to visa policies as they pertain
to persons found to have looted, damaged, or trafficked
historically or culturally significant works. Finally, the
conference agreement includes language proposed in the Senate
report regarding a report on the creation of the Cultural
Antiquities Task Force, funding requirements, and investigation
of alleged damage to an Iraqi temple.
North Korea.--The conference agreement adopts, by
reference, language contained in the Senate report concerning
an international conference on the human rights situation in
North Korea. The conferees expect the conference to be
administered by Freedom House.
The conferees recognize the importance of the Special
Envoy position created by Section 107 of Public Law 108-478 and
include $1,000,000 for this purpose. The conferees expect that
the Special Envoy will be compensated at a level available to
Ambassadors without portfolio, and that no full-time incumbent
State Department official will fill this position.
Anti-Semitism.--The conferees direct the State Department
to work with the Organization for Security and Cooperation in
Europe to support projects and personnel increases to combat
anti-Semitism and intolerance.
Intellectual Property Protection.--The conferees continue
to be concerned regarding the adequacy of the Department's
infrastructure for fulfilling its responsibility to protect
American intellectual property. The conference agreement
includes language establishing the Office of International
Intellectual Property Enforcement. The conference report
adopts, byreference, Senate report language regarding a report
to the Committees on Appropriations concerning intellectual property
efforts.
Post-conflict Response.--The conferees include language
regarding the function of the Office of the Coordinator for
Reconstruction and Stabilization, as proposed by the Senate,
with the exception of a funding designation. The conferees
support the Department's establishment of the Office of the
Coordinator for Reconstruction and Stabilization, which shall
serve as the central entity to plan and coordinate United
States Government civilian activities in pre- and post-conflict
environments, and to react to complex contingencies. The
conferees understand that this office will improve operational
response time in the areas of reconstruction, stabilization,
and humanitarian assistance. The conferees direct the Office to
coordinate with bureaus within the State Department, other
relevant U.S. agencies, and non-governmental organizations. The
conference agreement adopts by reference language included in
the Senate report regarding a description of this Office's
functions and a description of how the Office will coordinate
with other bureaus in the Department and other agencies. The
conferees expect to be notified of any expansion of the Office
as required by section 605 of this Act.
War Crimes.--The conferees reiterate their support for
the work of the Special Court for Sierra Leone. The purpose of
the Special Court is to prosecute those who bear the greatest
responsibility for the appalling violations of international
and Sierra Leonean law and crimes against humanity perpetrated
during the conflict in Sierra Leone. Charles Taylor, the former
president of Liberia, has been indicted by the Special Court of
Sierra Leone and faces 17 counts of war crimes, crimes against
humanity, and violations of international humanitarian law.
Charles Taylor organized and ordered widespread and systematic
attacks on the civilian population of Sierra Leone. According
to the indictment, his supporters commonly used abductions,
hacking off limbs, facial and bodily mutilations, and gang
rapes to wage a terror campaign against civilians who supported
the Revolutionary United Front in Sierra Leone. The conferees
expect the Department to ensure that funding for the Special
Court continues until all indictees are brought to justice
expeditiously, including Charles Taylor. The conferees
encourage the Bureau of African Affairs and the Special Court
for Sierra Leone to work cooperatively to bring about this
result.
International Religious Freedom.--The conference
agreement continues funding for the Office of International
Religious Freedom in the Bureau of Democracy, Human Rights and
Labor. The conferees urge the Office to develop and implement
comprehensive strategies to promote religious liberty, and to
assist in the preparation of the Human Rights Reports and the
Annual Report on International Religious Freedom. The conferees
also expect the Office, in consultation with the U.S.
Commission on International Religious Freedom, to work to
further incorporate religious freedom themes in the
Department's public diplomacy programs. In addition, the
conferees expect the Department to continue to integrate the
internationally recognized right to freedom of religion into
foreign service officer training at all levels.
The conferees urge the Secretary of State to continue to
every extent possible to monitor and promote religious freedom
and human rights in China, Eritrea, India, Nigeria, Pakistan,
Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. The
conferees expect the Secretary of State to use all available
forums and formal actions to address violations of religious
freedom in these countries. The Secretary of State should
continue to consult with the U.S. Commission on International
Religious Freedom to promote religious freedom and human rights
abroad.
Sudan.--The conferees expect the Department to review
current staffing levels at the U.S. Embasy in Khartoum and to
address increased requirements at this post. The conferees
direct the Department to report to the Committees on
Appropriations on the findings of this review and any proposal
for staffing increases by no later than 120 days after the
enactment of this Act.
Worldwide Security Upgrades.--The conference agreement
includes $658,702,000 for worldwide security upgrades as
proposed by the Senate, instead of $658,701,000 as proposed by
the House. The conference agreement includes $582,482,000 for
ongoing security activities, including guard services, physical
equipment, armored vehicles, personnel, training, and wireless
communications; and State Department participation in TOPOFF
III, a national counterterrorism exercise, at the funding level
described in the Senate report. Language is included to
continue $5,000,000 for the Center for Antiterrorism and
Security Training. The conference agreement includes
$43,400,000 to continue the perimeter/compound security
initiative and $29,198,000 in program increases. The program
increases include $4,000,000, for a total of $18,422,000 for
the prevention and response to chemical or biological agents in
various locations around the world; $14,698,000 to support an
additional 71 security professional staff positions, including
6 special agents and 55 professional and administrative support
positions; $4,500,000 for a total of $27,714,000, to maintain a
five-year replacement cycle for armored vehicles; $3,000,000 to
reduce the risk that information systems will be compromised;
and $3,000,000 to improve electronic access to, and exchange
of, security and law enforcement information.
The conference agreement includes, by reference, language
in the House report on the interagency task force to monitor
the United Nations headquarters renovation project,
intelligence and research, club drugs, trafficking in persons,
minority recruitment and hiring, overseas schools, ICASS,
security of classified material, Tibet, and the U.S. presence
in China. The conference agreement also includes, by reference,
language in the Senate report on financial operations, foreign
language proficiency, clean energy technology exports,
international child abductions, marine environmental issues,
and international trade.
Food and Agriculture Organization.--Within funding
provided under this heading, the conferees expect the
Department to support the costs of an independent, outside
evaluation of the operations and performance of the Food and
Agriculture Organization. The conferees expect the Department
to report to the Committees on Appropriations in both the House
and Senate by no later than March 31, 2005.
As in previous years, the conferees expect that there
will be additional savings available to the Department,
including vacancies in funded positions. The Department will
have the ability to propose that savings be used for needs not
funded by the recommendation through the normal reprogramming
process. The conferees are concerned about the Department's
practice of resubmitting reprogramming requests that have
previously been denied by the Committees on Appropriations.
Reprogrammings should be resubmitted only if the circumstances
surrounding the request or the request itself
changesubstantially enough to warrant a reevaluation by the Committees.
The conferees remind the Department that action by the Committees on
Appropriations is required before the Department proceeds with any
reprogramming action.
The conference agreement includes language in the bill,
similar to language in prior years, which: (1) permits not to
exceed $4,000,000 to be transferred to the Emergencies in the
Diplomatic and Consular Service account for emergency
evacuations and terrorist rewards; (2) provides $1,426,000 in
fees collected from other Executive Branch agencies and
$490,000 from reserves for lease or use of facilities at the
International Center Complex, as authorized by law; (3)
provides not to exceed $15,000 from reimbursements, surcharges,
and fees for use of Blair House facilities in accordance with
the State Department Basic Authorities Act of 1956; (4)
requires notification of Congress before processing licenses
for the export of satellites to China; and (5) makes not to
exceed $6,000,000 in fee collections available until expended
for various activities.
CAPITAL INVESTMENT FUND
The conference agreement includes $52,149,000 for the
Capital Investment Fund, as proposed by the Senate, instead of
$100,000,000 as proposed by the House. The conference agreement
includes two separate accounts for the Department's information
technology (IT) programs. The agreement includes language to
create a new account, called the ``Centralized Information
Technology Modernization Program''. The Capital Investment Fund
will continue to provide funding only for new investments in
IT, and the new account will provide funding for the
maintenance of the Department's IT infrastructure, including
hardware and software refreshment and upgrades.
The conference agreement adopts, by reference, language
included in the Senate report concerning payroll consolidation,
public diplomacy support, centralization, messaging, and
centralized management of information. The conference agreement
includes $7,563,000 for public key infrastructure requirements
to help secure interagency communications.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
The conference agreement includes $77,851,000 for a new
account entitled Centralized Information Technology
Modernization Program, instead of $102,951,000 as proposed by
the Senate. The House did not provide funding for a new
account. The conference agreement includes language
establishing this new account to provide funding for the
maintenance of the Department's IT infrastructure, including
hardware and software refreshment and upgrades.
In addition, the Department is directed to develop a plan
to implement a four-year replacement and modernization program
for its classified and unclassified desktop computers, servers,
network equipment, circuits, and software. The purpose of this
plan will be to provide a blueprint for the maintenance of the
Department's network infrastructure to meet current and future
needs and to ensure that the Department's communications and
information systems remain state-of-the-art. The Department is
directed to update this plan on an annual basis. The Department
shall provide the first such plan to the Committees on
Appropriations no later than September 1, 2005, and every year
thereafter at the time of submission of the President's budget
request to Congress.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $30,435,000 for the
Office of Inspector General (OIG) as proposed by the House,
instead of $31,435,000 as proposed by the Senate. The
conference agreement includes language, as carried in previous
years, waiving the requirement for a five-year post inspection
cycle. The conference agreement does not include language in
the Senate report on U.S. diplomatic activities in Iraq.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes a total of $360,750,000
under this heading, as proposed by the Senate, instead of
$345,346,000 as proposed by the House. The following chart
displays the conference agreement on the distribution of funds
by program or activity under this account, including an
estimated $5,400,000 in prior year recoveries and unobligated
balances:
Amount (in thousands)
Academic Programs:
Fulbright Students, Scholars, Teachers, Humphreys... $160,532
Regional Graduate Fellowships/Junior Faculty
Development....................................... 25,000
Educational Advising and Student Services........... 3,500
English Language Programs........................... 8,381
American Overseas Research Centers.................. 3,200
South Pacific Exchanges............................. 500
Benjamin Gilman International Scholarship........... 2,600
George Mitchell Fellowship Program.................. 500
Tibet Exchanges..................................... 600
East Timor Exchanges................................ 500
Abraham Lincoln Study Abroad Fellowship Program..... 250
U.S.-Poland-Israel Exchange......................... 250
Montana Tech Foreign Exchange Program............... 150
Disability Exchange Clearinghouse................... 500
--------------------------------------------------------
____________________________________________________
Subtotal, Academic Programs....................... 206,463
========================================================
____________________________________________________
Professional and Cultural Programs:
International Visitor Program....................... 62,175
Citizen Exchange Programs/Youth and Excellence...... 45,536
Congress Bundestag Youth Exchange................... 3,176
Mike Mansfield Fellowship Program................... 1,800
Youth Science Leadership Institute of the Americas.. 100
Special Olympics.................................... 1,000
Global Perspectives Project and Public TV Conference 750
Africa Workforce Development Exchanges.............. 400
Arctic Winter Games................................. 200
PSC U.S.-Pakistan Educator Development.............. 250
Institute for Representative Government............. 500
Council on Women World Leaders...................... 500
Irish Institute..................................... 750
Northern Forum...................................... 300
Rule of Law Forum................................... 800
Seed Programs....................................... 600
SIFE................................................ 250
International Writing Program....................... 200
Atlantic Corridor................................... 250
Interparliamentary Exchanges/Conferences............ 400
Interparliamentary Conference on Human Rights and
Religious Freedom................................. 250
University of Miami Hemispheric Program............. 500
--------------------------------------------------------
____________________________________________________
Subtotal, Professional and Cultural Exchanges..... 120,687
========================================================
____________________________________________________
Exchanges Support....................................... 39,000
========================================================
____________________________________________________
Prior Year Balances Applied............................. (5,400)
========================================================
____________________________________________________
Total, Exchange Programs.......................... 360,750
Deviations from distribution of funds under this heading
will be subject to the normal reprogramming procedures under
section 605 of this Act.
The conferees understand that, due to the absorption of
the former Soviet Eastern European exchanges in this account,
there are additional needs for funding in the ``Exchanges
Support'' category. The Department is directed to apply, on a
priority basis, any balances that may become available for this
purpose.
The conference agreement includes, by reference, Senate
report language regarding the exchange visitor program, program
regulations, the Fulbright Foreign Student Program with Iraq
and Afghanistan, and working exchanges.
The conference agreement continues a program begun in
fiscal year 2000 to provide one-time funding to international
exchange start-ups. The recommendation includes $100,000 for
each of the following programs: the Middle East Information
Portal; the Afghanistan Young Leaders Program at the University
of Nebraska-Omaha; the Flushing Council on Culture and the
Arts' Partnership Between Queens and Taipei; the Inuit
Circumpolar Conference; and the Auschwitz Jewish Center's
Student Scholarship Program. Of the amounts provided for Seed
programs, $300,000 is available for exchange programs related
to Operation Smile, Inc.
The conferees support the expansion of the Partnerships
for Learning program, which is an overarching theme for
exchanges in which resources are shifted from lower to higher
priority regions. Presently, and for the near future, the focus
of the program is on engagement with the Arab/Muslim world.
Within amounts specified in the chart, the conference
agreement includes $14,500,000 for the Future Leaders Exchange
Program, $2,700,000 for teacher and school administrator
exchanges, Teaching Excellence Awards (including the Partners
in Education program), and $4,700,000 for Junior Faculty
Development Program exchanges. The conferees support the Youth
Exchange Study program.
The conference agreement adopts, by reference, language
in the House report on Fulbright exchanges with Tibet; the
Leaders in Education Initiative; Traditional Public-Private
Partnership grants; artistic and cultural exchanges; minimizing
unnecessary barriers to legitimate travel of exchange program
participants; enhanced support for engaging Arab and Muslim
audiences through exchange programs; allocation of funding for
the Near East and South Asia regions; religious freedom; and
the allocation of all resources under this account in
accordance with worldwide policy priorities.
REPRESENTATION ALLOWANCES
The conference agreement includes $8,640,000 for
representation allowances as proposed by both the House and
Senate. The conference agreement includes, by reference,
language in the House report regarding the submission of a
quarterly report on expenditures under this account.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $9,894,000 under this
heading as proposed by the House, instead of $5,000,000 as
proposed by the Senate. The conference agreement includes, by
reference, language in the House report regarding the
Department's treatment of reimbursement requests and the
submission of a report on budgeting for protection expenses in
light of heightened security measures. The conferees believe
that local jurisdictions incurring such costs must submit a
certified billing for such costs in accordance with program
regulations. The conferees expect the Department to treat such
submissions diligently and provide reimbursement for valid
claims to local jurisdictions on a timely basis. The conferees
recognize that, in those instances where a local jurisdiction
will realize a financial benefit from a visit by a foreign
dignitary through increased tax revenues, such circumstances
should be takeninto account by the Department in assessing the
need for reimbursement under this program.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes a total appropriation
of $1,524,000,000 for Embassy Security, Construction, and
Maintenance, as proposed by the House, instead of
$1,376,758,000 as proposed by the Senate. The conference
agreement designates $912,320,000 as available only for
priority worldwide security upgrades, acquisition, and
construction, the full amount requested for such activities.
The conference agreement includes full requested wage and price
increases for the Department's Bureau of Overseas Buildings
Operations (OBO).
The conference agreement includes $912,320,000 for
worldwide security upgrades, including $869,000,000 to continue
the capital security program for constructing new secure
replacement facilities for the Department's most vulnerable
embassies and consulates. Within the funds made available under
this category, the conferees expect the Department to undertake
new office building projects from among the highest priority
facilities listed in the Long Range Overseas Buildings Plan.
Projects funded under this account must follow a rigorous
right-sizing methodology.
The conferees expect that projects undertaken under this
program will address the highest priority facilities from a
security standpoint. The conference agreement supports the
construction of seven new embassy compounds, two annex
buildings, four United States Agency for International
Development (USAID) buildings on secure embassy compounds, and
acquisition of a number of secure sites for future embassy
compounds.
Brussels, Belgium.--The conferees understand that certain
non-security requirements exist in the State facilities in
Brussels. The conference agreement includes $2,500,000 for
these requirements.
The conference agreement includes such sums as necessary
for the renovation of and seismic upgrades to the historic
Palazzo Corpi building in Istanbul, Turkey, as determined by
the Secretary.
The conference agreement adopts, by reference, language
included in the Senate report concerning Beirut, Lebanon, and
Karachi, Pakistan, building size, and asset management funds.
The conference agreement includes, by reference, language
in the House report regarding compound security, security
capital projects fully meeting existing security standards,
immediate notification on serious security risks,
reprogramming, and right-sizing.
The conference agreement includes $15,000,000 to secure
and protect soft targets, of which $10,000,000 is for security
at overseas schools attended by dependents of U.S. Government
employees; $8,000,000 for consular workspace improvements; and
$25,000,000 for buyout of uneconomic leases, as described in
the Senate report.
The recommendation includes language establishing the
Capital Security Cost Sharing Program. Under this program, all
agencies that have staff overseas under Chief of Mission
authority will pay a fair share of urgent, security-driven
capital projects undertaken to replace embassies and consulates
at the most vulnerable posts. The goals of this program are
two-fold. First, the program will accelerate the replacement of
unsafe, unsecured and outdated diplomatic facilities that are
used overseas by U.S. Government agencies. This is planned as a
14-year, $17,500,000,000 program to replace 150 vulnerable
embassy and consulate facilities with new compounds that fully
comply with statutory security requirements. Second, the
program will create incentives within all government
departments and agencies to scrutinize and ``right-size'' their
overseas presence to avoid unnecessary costs and security
risks.
Each agency with staff overseas under Chief of Mission
authority has, built into their fiscal year 2005 budget
request, an annual contribution towards construction of new
secure diplomatic facilities based on the number of positions
overseas and the type of space occupied. These contributions do
not take the place of State Department contributions, which are
also growing, but create a larger, shared funding pool to
accelerate replacement. In fiscal year 2004, the conferees
funded the ``virtual'' costs of the program by including a
$120,000,000 increase to State Department appropriations. The
recommendation assumes a total program level of $869,020,000 in
fiscal year 2005 for Capital Security Construction, including
$785,320,000 under this account. The total amount includes a
continuing State Department base appropriation of $622,720,000.
The additional amount generated by the Capital Security Cost
Sharing program is $249,101,862, which consists of $160,186,300
from the State Department included under this account, and
$88,915,562 from non-State agencies, based on positions
worldwide. The conferees understand that there is an
anticipated five-year phase-in period for the program, wherein
the total Government-wide amount grows from $869,020,000 in
fiscal year 2005, to $1,400,000,000, then remains at that level
for the next 9 years. The conferees further understand that the
program will include agency involvement in setting priorities,
and in other aspects of the development of new embassy
compounds. The conferees believe that the establishment of
strong interagency coordination and cooperation will be
critical to achievement of program goals, and encourage the
Department and the Administration to ensure that the management
of this program is inclusive, cooperative and transparent.
The conference agreement includes $604,880,000 for
operations and maintenance activities, including $76,729,000 in
program increases. The conferees include $6,800,000 for
headquarters operations. The conferees direct the Department to
prioritize requested funding increases, and to specifically
identify amounts above current services in a comprehensive
spending plan to be submitted no later than 60 days after
enactment of this Act.
Assets Management.--The conference agreement designates
$100,049,000 in assets management funds planned for obligation
in fiscal year 2005, of which $25,000,000 is for buyout of
uneconomic leases. Any use of assets management funds in fiscal
year 2005 is subject to reprogramming, as stated in the Senate
report.
The conferees expect the Department to submit to the
Committees any waiver or waivers signed by the Secretary of
State in accordance with section 606(a)(2) and section
606(a)(3) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (Public Law 106-113) within five
days of the Secretary's signature of such a waiver or waivers.
The conference agreement adopts language in the House
report concerning reprogramming requirements.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $1,000,000 under this
heading, instead of $7,000,000 as proposed by the House, and
instead of $1,000 as proposed by the Senate. The conference
agreement anticipates that significant carryover balances from
fiscal year 2004 will be available for obligation in fiscal
year 2005. Within prior year unobligated balances, the
conferees expect that $2,000,000 will be transferred to the
Special Court for Sierra Leone, as proposed by the Senate.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement includes $612,000 for the
subsidy cost of repatriation loans and $607,000 for
administrative costs of the program as proposed by both the
House and Senate.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement includes $19,482,000 under this
heading as proposed by both the House and Senate. The
conference agreement includes, by reference, language in the
House report regarding the submission of a fiscal year 2005
spending plan, except that such plan shall be submitted by
February 28, 2005.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement includes $132,600,000 under this
heading, as proposed by both the House and the Senate.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $1,182,000,000 under
this heading, instead of $1,194,210,000 as proposed by the
House, and $1,020,830,000 as proposed by the Senate.
The conference agreement includes, by reference, language
in the House report regarding offset of exchange rate losses,
reassessment of U.S. membership in certain international
organizations, reform and budget discipline, the Organization
for Economic Cooperation and Development, the North Atlantic
Treaty Organization, the International Atomic Energy Agency,
the Pan American Health Organization, and the costs of a direct
loan to the United Nations for the cost of renovating its
headquarters in New York. The conference agreement includes, by
reference, language in the Senate report regarding the
International Coffee Organization, the International Copper
Study Group, and the International Rubber Study Group.
The conference agreement includes language requiring the
Secretary to transmit the most recent biennial budget for the
operations of the UN. The conference agreement includes
language, as in fiscal year 2004, providing that funds within
the Diplomatic and Consular programs account may be used for a
United States Government interagency task force to examine,
coordinate, and oversee United States participation in the
United Nations headquarters renovation project. The conferees
direct the task force to coordinate its efforts with OBO and to
consult with senior OBO officials in formulating its
recommendations.
The conferees note the role of the UN in fighting
diseases, providing humanitarian assistance, fostering conflict
resolution, and providing an international forum for world
issues. However, the conferees are concerned by recent
developments in a number of areas. The conferees note that the
United Nations Oil-for-Food program in Iraq is marred by
allegations of corruption and that it aided or abetted a
tyrannical regime and undermined the international community's
good will. Further, the conferees urge the UN to do more to
mitigate or resolve the conflicts and humanitarian crises in
Sudan, where war has ravaged the country for decades at the
cost of millions of lives. Finally, the United Nations'
leadership and legitimacy are tarnished by continued failure to
bring to justice those individuals involved in improper and
illegal activities.
United Nations Oil-For-Food Program.--The conferees
direct the Department to bring all necessary resources to bear
on the investigation of fraud and bribery allegations regarding
the United Nations Oil-For-Food Program. The conferees expect
the Department to provide all requested documentation to the
U.S. Congress, and to provide any requested support to the
Secretary General's Independent Inquiry Committee. The
conferees strongly support the Inquiry and expect the Inquiry
Committee's review to be thorough, rigorous, and expeditious.
The conferees expect the Department to use the voice and vote
of the United States to ensure the Inquiry be conducted in this
manner.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes a total funding level
of $490,000,000 for payments for Contributions for
International Peacekeeping Activities, instead of $650,000,000
as proposed by the House, and $574,000,000 as proposed by the
Senate. The conferees remain concerned that the United States
has voted in the United Nations Security Council to establish
five new or expanded peacekeeping missions (Haiti, Burundi,
Liberia, Cyprus, and Ivory Coast) without presenting the
Committees on Appropriations with a viable plan to meet the
current and future costs of such commitments. All but the
Cyprus mission were approved by the Security Council and are
underway and incurring costs. The Secretary of State testified
that in such instances the Administration would request
supplemental appropriations to cover these costs. The conferees
expect that such a supplemental appropriation request will
provide for the full UN peacekeeping assessments.
The conference agreement includes language, as proposed
by the Senate, regarding the adjustment of the rate at which
the United States pays for the cost of United Nations
peacekeeping missions.
The conference agreement includes, by reference, language
in the House report regarding UN peacekeeping in the Western
Sahara; UN peacekeeping reform; benchmarks for mission
performance and termination; UN peacekeeping in the Democratic
Republic of the Congo; and the Office of Internal Oversight
Services. The conference agreement includes, by reference,
language in the Senate report regarding peacekeeping reports.
The allocation of funds under this account to specific missions
shall be subject to the reprogramming requirements in section
605 of this Act.
The conferees support the work of the Special Court for
Sierra Leone, and expect the United Nations Mission in Sierra
Leone to provide support, as necessary, to the Court. The
conferees urge the Department to work with the Court and other
nations to ensure the expeditious prosecution of indicted
persons.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The conference agreement includes a total of $32,554,000
for the International Boundary and Water Commission, United
States and Mexico (IBWC). The total amount provided includes
$27,244,000 for Salaries and Expenses and $5,310,000 for
Construction. The conference agreement includes language
authorizing not to exceed $6,000 for representation expenses.
SALARIES AND EXPENSES
The conference agreement for the Salaries and Expenses
account includes $27,244,000, instead of $26,800,000 as
proposed by the House and $27,689,000 as proposed by the
Senate. The conference agreement includes, by reference,
language in the House report regarding the use of surplus
operations and maintenance funding through reprogramming.
CONSTRUCTION
The conference agreement includes $5,310,000 in new
direct appropriations under this heading, instead of $4,475,000
as proposed by the House and $6,146,000 as proposed by the
Senate.
The conference agreement includes $1,750,000 for the Rio
Grande Canalization Project and $1,000,000 for the Lower Rio
Grande Flood Project/Levee Rehabilitation.
The conferees encourage the IBWC to attempt, if possible,
to achieve greater secondary treatment of Mexican sewage within
current funding levels under this account. Any plan that
assumes a significant increase in appropriations under this
heading in future years is not feasible given resource
restraints and competing priorities.
Any additional obligations under this heading within the
total spending level cited above, including any new project
starts, shall be subject to the reprogramming process described
in section 605 of this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement includes a total of $9,594,000
under this heading, instead of $9,356,000 as proposed by the
House, and $10,546,000 as proposed by the Senate. This amount
includes $1,248,000 for the International Boundary Commission;
$6,298,000 for the International Joint Commission, including
$200,000 for efforts concerning the Red River Basin, and
$1,019,000 for the fifth and final year of the water regulation
plan governing Lake Ontario and the St. Lawrence River; and
$2,049,000 for the Border Environment Cooperation Commission.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement includes $21,982,000 under this
heading, the same amount as proposed by the Senate, instead of
$19,097,000 as proposed by the House. The conference agreement
includes $3,000,000 for the Pacific Salmon Commission,
$2,100,000 for the Inter-American Tropical Tuna Commission,
$1,800,000 for the International Pacific Halibut Commission,
$177,000 for the North Pacific Marine Science Organization, and
$12,964,000 for the Great Lakes Fishery Commission, of which
not less than $845,000 is for lampricide in Lake Champlain.
House language regarding Asian Carp is included by reference.
The conferees expect the Department to allocate the balance of
funds in the conference agreement, and, through the regular
reprogramming process, any additional funds that may become
available, to priority commissions.
The conferees expect the Department to take immediate
action to evaluate and prioritize United States participation
in, and funding for, international fisheries commissions. In a
climate of limited resources the conferees continue to insist
that the Department operate within appropriated amounts,
prioritize as necessary among commissions according to policy
goals, take steps as necessary to withdraw from lower priority
commissions, and refrain from entering into new commitments.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $13,000,000 under this
heading, the same amount as proposed by the House. No funding
was proposed by the Senate.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
The conference agreement includes $7,000,000 under this
heading to be deposited in the International Center for Middle
Eastern-Western Dialogue Trust for the perpetual operations of
the Center in Istanbul, Turkey. Of the amounts provided
$250,000 is for the steering committee, chaired by the Council
of American Overseas Research Centers (CAORC), for the
operations of the Center.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
The conference agreement includes an appropriation for
fiscal year 2005 of interest and earnings from the Eisenhower
Exchange Fellowship Program Trust Fund, expected to total
$500,000. The conference agreement includes, by reference,
language in the House report regarding geographical priorities
and the selection of fellows.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes an appropriation for
fiscal year 2005 of interest and earnings of the Israeli Arab
Scholarship Endowment Fund, expected to total $375,000.
EAST-WEST CENTER
The conference agreement includes $19,500,000 under this
heading, as proposed by the Senate, instead of $5,000,000 as
proposed by the House.
NATIONAL ENDOWMENT FOR DEMOCRACY
The conference agreement includes $60,000,000 for the
National Endowment for Democracy (NED), instead of $40,579,000
as proposed by the House and $50,000,000 as proposed by the
Senate.
The conferees strongly encourage both the NED and the
four core institutes to focus available funding on the Middle
East region, continuing work on electoral processes and
political party development. The conferees commend the
institutes for their contribution to the recent presidential
election in Afghanistan and support similar work in future
parliamentary elections.
The conference agreement adopts, by reference, House
report language reaffirming NED's duty to ensure that all
sponsored activities adhere to core NED principles and
requiring a report on NED activities in Venezuela.
The conference agreement includes $1,000,000 for a grant
to support the creation of the Fern L. Holland Democracy
Institute in Africa, as outlined in the House report. The
conferees remain concerned that there is a lack of
effectiveness and cohesion among the groups advocating for
awareness and action on behalf of the victims of human rights
abuses and the persecuted. The conferees provide $500,000 to be
made available for programs designed specifically to promote
basic human rights of ethnic minorities, including their right
to maintain and exercise their culture, religion, and language,
free from discrimination.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $591,000,000 to carry
out United States International Broadcasting Operations for
fiscal year 2005, instead of $601,740,000 as proposed by the
House and $552,240,000 as proposed by the Senate. The
conference agreement includes $64,969,000 for efforts to
provide people of Arab and Muslim countries with accurate
information about U.S. policies and values. The conferees
provided initial start-up costs for a television program stream
specifically tailored for the Iraqi audience in Public Law 108-
106. The conferees expect the Broadcasting Board of Governors
to provide quarterly status reports detailing the efforts to
develop quality news and entertainment programs for the Arab
and Muslim world.
The conference agreement adopts, by reference, House
language regarding broadcasting to Africa, language service
reviews and research, and anti-jamming efforts.
The conferees remain concerned about a potential blurring
of the distinction between the international broadcasting
conducted by the Broadcasting Board of Governors and that
conducted by the Defense Department. While the conferees
continue to strongly support all necessary efforts to provide
for national security, close collaboration with the Defense
Department may foster misunderstanding among foreign audiences
as to the principles and goals of BBG broadcasting. The BBG
shall continue to notify the Committees in writing of any
projects or programs to be undertaken with the Defense
Department within 7 days of the beginning of such activities.
The report should include a description of services provided
and any financial arrangements between the entities.
Security of Radio Free Europe/Radio Liberty
Headquarters.--During fiscal year 2004, the RFE/RL was directed
to work with the Department of State's Bureau of Overseas
Buildings Operations to develop a comprehensive site and cost
assessment for relocation of the RFE/RL headquarters in Prague,
the Czech Republic. The conferees are concerned that RFE/RL has
informed the Committees on Appropriations that RFE/RL intends
to sign a pre-lease contract. The conferees believe it would be
premature for BBG and RFE/RL to proceed without a thorough
explanation as to how specific relocation costs, as outlined in
the report, will be absorbed in future years. The conferees
direct BBG and RFE/RL to compile and submit a strategic funding
plan for the intended relocation process no later than February
1, 2005. Until the long-term maintenance cost of a new building
has been contemplated and endorsed by the BBG, no additional
funds shall be provided to secure a site for relocation. The
conferees expect funding decisions on the relocation to occur
expeditiously given the expressed concern for the security of
employees of RFE/RL.
The conferees direct the BBG to report on Al Hurra's
coverage, audience, reception, and public response in the
Arabic-speaking world. The report shall include the findings of
an independent and validated public opinion poll.
The conference agreement includes language designating
$27,629,000 for Broadcasting to Cuba.
The conferees continue to support Radio Free Asia's
broadcasting efforts in China, Tibet, Burma, Vietnam, North
Korea, Laos, and Cambodia and VOA's efforts in North Korea. The
conference agreement includes funding to continue daily Uyghur
broadcasts.
The conferees expect the BBG to provide a spending plan
to the Committees on Appropriations by no later than April 11,
2005.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $8,560,000 for
broadcasting capital improvements, as proposed by both the
House and Senate.
The conferees expect the Board to keep the Committees on
Appropriations informed on the status of its efforts to acquire
additional transmission capabilities in the Middle East,
including Egypt.
General Provisions--Department of State and Related Agency
The conference agreement includes section 401, permitting
the use of funds for allowances, differentials and
transportation.
The conference agreement includes section 402 dealing
with transfer authority.
The conference agreement includes section 403 prohibiting
the use of funds by the Department of State or the Broadcasting
Board of Governors to provide certain assistance to the
Palestinian Broadcasting Corporation.
The conference agreement includes section 404 clarifying
the responsibilities of the Senior Policy Operating Group on
Trafficking in Persons. The conferees understand that the
Operating Group has been actively meeting and performing its
designated functions since enactment of Section 406 of division
B of Public Law 108-7. The conferees agree that all anti-
trafficking policies, grants and grant policies shall be
covered by the provisions of Section 406 of division B of
Public Law 108-7. The conference agreement also includes
language clarifying that the Senior Policy Operating Group and
its chairman are the coordinating body (and official)
accountable for Federal anti-trafficking policies, grants and
grant policies. The language also makes clear that the
coordinating responsibilities of the Operating Group are not
intended to supercede the decision making authority of the
constituent members of the Task Force to Monitor and Combat
Trafficking in Persons, to whom Operating Group members
continue to report. The Operating Group is, and was intended to
serve as, the forum for interagency coordination of anti-
trafficking policies, even as final decisions regarding any
such policies are necessarily vested with the President and the
senior officials who comprise the Task Force. The conferees
agree that the Senior Operating Group and its chair have
successfully performed the coordinating functions assigned to
them.
The conference agreement includes section 405 concerning
the Department's counterterrorism rewards program.
The conference agreement includes section 406 regarding
the recording of place of birth on certain passport
applications.
The conference agreement includes section 407 requiring
the provision of certain information to the Committees on
Appropriations.
The conference agreement includes section 408
establishing and describing the functions of the Office of the
Coordinator for Reconstruction and Stabilization.
The conference agreement includes section 409 requiring
the Secretary of State to review staffing at all overseas
posts.
The conference agreement includes section 410 waiving
certain authorization requirements.
The conference agreement includes section 411 adjusting
the United States assessments for the United Nations
Peacekeeping Missions.
The conference agreement includes section 412 updating
and conforming the Senior Foreign Service pay system.
The conference agreement includes section 413 clarifying
the Department's authority to enter into settlements of claims.
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
SALARIES AND EXPENSES
The conference agreement includes $1,187,000 for the
Antitrust Modernization Commission, instead of $1,200,000 as
proposed by the House. The Senate did not fund this Commission.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement includes $499,000 for the
Commission for the Preservation of America's Heritage Abroad as
proposed by the House, instead of $491,000 as proposed by the
Senate. The conference agreement will allow the Commission to
fund its administrative expenses through appropriated funds
while relying on other sources of funding for actual purchase
and restoration of property.
The conference agreement includes, by reference, language
in the House report under this heading.
Commission on Civil Rights
SALARIES AND EXPENSES
The conference agreement includes $9,096,000 for the
salaries and expenses of the Commission on Civil Rights, as
proposed by both the House and Senate.
The conferees recommend language as included in previous
years, which provides: (1) $50,000 to employ consultants; (2) a
limitation of four full-time positions under schedule C of the
Excepted Service, exclusive of one special assistant for each
Commissioner; and (3) a prohibition against reimbursing
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
SALARIES AND EXPENSES
The conference agreement includes $3,000,000 for the
Commission on International Religious Freedom, as proposed by
the House. The Senate did not provide funding for this
Commission. The conference agreement includes language
providing authority for the Commission to procure temporary
services for a study on the right to freedom of religion in
North Korea.
The conference agreement includes, by reference, language
in the House report under this heading.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement includes $1,831,000 for the
Commission on Security and Cooperation in Europe as proposed by
the House, instead of $1,598,000 as proposed by the Senate.
The conference agreement includes, by reference, language
in the House report under this heading.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement includes $1,900,000 for the
Congressional-Executive Commission on the People's Republic of
China as proposed by the House, instead of $1,781,000 as
proposed by the Senate. The amount provided includes $100,000
for the Political Prisoner Database as proposed by the House.
The conference agreement includes, by reference, language
in the House report under this heading.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $331,228,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission (EEOC) for fiscal year 2005, instead of $334,944,000
as proposed by the House and $327,511,000 as proposed by the
Senate.
The conference agreement adopts the House report language
regarding the Alternative Dispute Resolution program,
litigation support and outreach, and the New Freedom Initiative
to remove barriers faced by people with disabilities. The
conference agreement includes language regarding staffing
levels in the field.
The conference agreement includes language prohibiting
the Commission from taking further action to implement
workforce repositioning, restructuring, or reorganization
unless the Committees on Appropriations have been notified in
advance of such proposals, in accordance with the reprogramming
procedures under section 605 of this Act. In this regard, the
conference agreement includes the House report language
regarding a spending plan. The conference agreement also adopts
the House report language regarding the submission of quarterly
status reports on projected and actual spending levels, by
function, for repositioning, and the continued submission of
quarterly reports on agency spending and staffing levels.
The conferees again encourage the EEOC to use the
experience the Fair Employment Practices Agencies (FEPAs) have
in mediation as the Commission continues to expand its
Alternative Dispute Resolution programs. The conference
agreement also includes language similar to that included in
previous Appropriations Acts allowing non-monetary awards to
private citizens. Finally, the conference agreement provides up
to $2,500 for official reception and representation expenses.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes $281,098,000 for the
salaries and expenses of the Federal Communications Commission
(FCC) for fiscal year 2005, instead of $279,851,000 as proposed
by the House and $282,346,000 as proposed by the Senate. Of the
amounts provided, $280,098,000 is to be derived from offsetting
fee collections, resulting in a net direct appropriation of
$1,000,000.
The conference agreement includes, by reference, language
in the House report regarding travel payments and public notice
requirements for broadcast applications. The conference
agreement includes, by reference, language included in the
Senate report on broadcast television standards.
The conference agreement allows the FCC to spend up to
$85,000,000 to administer the spectrum auctions program. The
conference agreement incorporates, by reference, House report
language regarding the FCC's accounting system.
The conferees are aware that members of the armed
services and their families make extensive use of prepaid phone
cards to stay in contact. The FCC is considering subjecting
these cards to increased regulation. The conferees direct the
FCC not to take any action that would directly or indirectly
have the effect of raising the rates charged to military
personnel or their families for telephone calls placed using
prepaid phone cards.
Within amounts provided for on-going life cycle
replacement of technical equipment in fiscal year 2005, the
conferees encourage the FCC to follow through on its plan to
modernize its Radio Frequency Radiation monitoring equipment by
purchasing Selective Radiation Meter (SRM) units and
anticipates that future budget requests will address
replacement of outdated equipment.
Federal Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $205,430,000 for the
Federal Trade Commission (FTC), instead of $203,430,000 as
proposed by the House and $207,730,000 as proposed by the
Senate. Of the amounts provided, $101,000,000 is derived from
Hart-Scott-Rodino premerger filing fees, $21,901,000 is derived
from Do-Not-Call fees, and $82,529,000 is derived from
discretionary appropriations. The amount provided fully
supports the budget request.
The conference agreement adopts by reference the Senate
report language concerning the exposure of children to violent
entertainment and on the Do-Not-Call program. The conference
agreement also adopts by reference the Senate report language
requiring a report on illegal pressure tactics applied to
American fishermen who oppose mandatory country of origin
labeling for seafood.
The conference agreement continues language that was
included in the fiscal year 2004 bill regarding enforcement of
certain provisions of the Federal Deposit Insurance Act.
Help Commission
SALARIES AND EXPENSES
The conference agreement includes $1,000,000 for
necessary expenses of the Helping to Enhance the Livelihood of
People (HELP) Around the Globe Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The conference agreement includes $335,282,000 for the
payment to the Legal Services Corporation, as proposed by the
House, instead of $335,000,000 as proposed by the Senate. The
conference agreement includes $1,833,000 to offset funding
losses that have resulted from recent census-based
reallocations. In addition to the amounts provided through the
formula-based field grant program, the conferees direct LSC to
distribute the additional $1,833,000 to the ten states that
suffered the greatest losses from the census reallocation, in
order to restore them to the funding level they would have
received under the Senate bill.
ADMINISTRATIVE PROVISION
The conference agreement includes bill language to
continue the terms and conditions included under this section
in previous Appropriations Acts.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,890,000 for the
necessary expenses of the Marine Mammal Commission, as proposed
by both the House and Senate.
National Veterans Business Development Corporation
The conference agreement includes $2,000,000 for the
National Veterans Business Development Corporation as proposed
by the House and the Senate. The conference report includes, by
reference, House report language encouraging the Corporation to
make its operations self-sustaining.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes $913,000,000 for the
Securities and Exchange Commission, as proposed by the House
and Senate.
Staffing.--In fiscal year 2003, the Commission received
funding for 840 new positions to protect investors and
implement the Sarbanes-Oxley Act. The conferees understand that
the Commission has had difficulty hiring accountants and
examiners and direct the Commission to continue to work to fill
all of the previously funded 840 positions as well as the 106
newly funded positions as quickly as possible and to provide
the Committees on Appropriations with quarterly staffing
reports. By April 15, 2005, the SEC shall report to the
Committees on any proposals, including legislative changes,
that may further the SEC's ability to hire to authorized levels
and to retain quality employees.
The conference agreement adopts by reference the Senate
report language concerning pay parity, enforcement, and
information technology. The conference agreement adopts by
reference the Senate report language requiring a monthly report
to the Senate Appropriations Committee listing the exercise of
stock options by corporate officers and directors. The
conference agreement includes language requiring a report to
the Senate Appropriations Committee justifying the recent rule
that directors of mutual funds be independent.
Within 90 days of enactment of this Act, the SEC shall
provide a report to the Senate Appropriations Committee
analyzing the impact upon individual and institutional
investors and competing securities markets of the so-called
``trade through'' provisions of the proposed SEC Regulation New
Market Structure (NMS). In formulating its report, the SEC
should examine whether and how the adoption of the ``trade
through'' provisions would affect investors' ability to select
the market where their securities trades will be carried out.
The report shall also examine the interaction of automated and
non-automated orders under Regulation NMS and the impact this
would have on individual and institutional investors.
The conferees are pleased that the SEC has recently
established an Office of Global Security Risk within the
Division of Corporation Finance. The SEC should inform the
investment community of the existence and relevance of the new
Office through the following actions: (1) announce the
establishment of the Office on the SEC website; (2) issue a
press release or send a letter to leading U.S. investment
community members alerting them to the establishment of the
Office; (3) convene a conference to address the various
dimensions of global security risk and appropriate ways that
the investment community might respond to it; and (4) establish
an effective global security risk disclosure process. The
conferees expect the SEC to continue to provide quarterly
reports on the Office's activities.
Small Business Administration
The conference agreement provides a total of $579,516,000
for the five appropriations accounts of the Small Business
Administration (SBA). Detailed guidance for the five SBA
appropriation accounts is contained in the following
paragraphs.
SALARIES AND EXPENSES
The conference agreement includes $322,335,000 for the
salaries and expenses account of the SBA instead of
$315,362,000 as proposed by the House and $357,684,000 as
proposed by the Senate. Of the amount provided under this
heading, $186,772,000 is for operating expenses of the SBA. In
addition, a total of $134,903,000 from other SBA accounts may
be transferred to and merged with the salaries and expenses
account resulting in a total availability of $321,675,000. The
additional amount consists of $126,653,000 from the Business
Loans Program account and $8,250,000 from the Disaster Loans
Program account for the administrative expenses related to
those accounts.
The conference agreement includes the full amount
requested for Low Documentation Processing Centers and the
conferees expect the SBA to continue to help small businesses
adapt to a paperless procurement environment.
The conferees adopt by reference the House report
language concerning the loan monitoring system. The conferees
adopt by reference the requirement to provide a report on the
e-gov program and the agency's efforts to increase efficiency
and improve customer service.
Non-Credit Programs.--The conference agreement includes
the following for the non-credit programs of the SBA:
National Ombudsman...................................... $500,000
Advocacy Research....................................... 1,100,000
Veterans Programs....................................... 750,000
7(j) Technical Assistance Programs...................... 1,500,000
Small Business Development Centers...................... 89,000,000
SCORE................................................... 5,000,000
Women's Business Centers................................ 12,500,000
Women's Business Council................................ 750,000
Native American Outreach................................ 1,000,000
Drug-free Workplace Program............................. 1,000,000
Microloan Technical Assistance.......................... 14,000,000
PRIME Technical Assistance.............................. 5,000,000
HUBZones................................................ 1,979,000
US Export Assistance.................................... 1,484,000
--------------------------------------------------------
____________________________________________________
Total, non-credit programs........................ 135,563,000
The SBA shall not reduce these non-credit programs to
fund operating costs. The conferees adopt by reference the
House and Senate report language regarding Native American
Outreach. The conferees adopt by reference the Senate report
language regarding the Small Disadvantaged Business Program.
The conferees adopt by reference the House and Senate report
language regarding Small Business Development Centers (SBDCs),
including the House direction to work with the manufacturing
sector and continue to support the defense transition program
at no less than the fiscal year 2004 level. The conferees adopt
by reference the Senate report language concerning HUBZones.
Of the amounts provided for the SBDC program, $500,000
shall be available for the South Carolina Women's Business
Center (WBC).
The conference agreement includes language allowing WBCs
in sustainability status to continue to receive grants and
designates 48 percent of the total WBC funding for centers in
sustainability status.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $13,014,000 for the
Office of Inspector General of the Small Business
Administration as proposed by the Senate instead of $14,500,000
as proposed by the House. The conference agreement includes
language allowing $500,000 to be transferred to this account
from the Disaster Loans Program for oversight costs related to
that program. The conferees adopt by reference the Senate
report language regarding reorganization.
SURETY BOND GUARANTEES REVOLVING FUND
The conference agreement includes $2,900,000 under this
account, instead of $11,400,000 as provided by the Senate and
$9,900,000 as provided by the House.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $128,108,000 under this
account, consisting of $1,455,000 for subsidies for direct
business loans and $126,653,000 for administrative expenses
related to business loan programs. The amount provided for
administrative expenses may be transferred to and merged with
the appropriation for SBA salaries and expenses to cover the
common overhead expenses associated with business loans. The
conferees agree that, in the event of an economic downturn, the
policy of zero subsidy for the 7(a) program shall be revisited.
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes $113,159,000 for the
Disaster Loans Program Account, instead of $195,887,000 as
proposed by the House and $178,909,000 as proposed by the
Senate. The conference agreement includes no new budget
authority for the subsidy costs of disaster loans but includes
$113,159,000 for administrative expenses of the disaster loan
program.
Within the $113,159,000 provided for administrative
expenses, $500,000 is available for the Office of Inspector
General, $104,409,000 is available for direct administrative
expenses of loan making and servicing, and $8,250,000 is
available to be transferred to the Salaries and Expenses
account for indirect costs of the program.
The conferees understand that the emergency
appropriations provided in response to natural disasters at the
end of fiscal year 2004 may exceed the actual need for loans to
affected businesses and individuals. The conferees expect that
the surplus of subsidy budget authority from emergency
appropriations will be sufficient to cover an average annual
loan program level. For this reason, the conference agreement
does not provide an additional subsidy appropriation for fiscal
year 2005. The conferees expect the SBA to continue to request
regular discretionary appropriations to cover an average annual
disaster loan program level in future budget requests. The
conferees request that the SBA provide a monthly status report
on disaster loan activity to the Committees on Appropriations.
By April 15, 2005, the SBA should also provide to the
Committees on Appropriations a report describing various
methodologies for calculating annual estimates of disaster loan
volume. The report should explain the current rolling
historical average methodology and also present other
reasonable options to determine requirements in light of the
recent years of low disaster activity. In addition, the report
should include information on various methodologies to project
loan volume once a disaster declaration has occurred.
Administrative Provision--Small Business Administration
The conference agreement includes bill language allowing
transfers between accounts.
State Justice Institute
SALARIES AND EXPENSES
The conference agreement provides $2,613,000 for the
State Justice Institute (SJI), instead of $2,227,000 as
proposed by the House and $3,000,000 as proposed by the Senate.
The conference agreement incorporates by reference the House
report language regarding the Office of Justice Programs and
sources of non-Federal funding.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The conference agreement includes $3,000,000 as proposed
by the House for the necessary expenses of the United States-
China Economic and Security Review Commission, instead of
$2,300,000 as proposed by the Senate. This level includes not
more than $5,000 for the purpose of official representation.
The conference agreement includes language making funding
available until expended, as proposed by the Senate. The
conference agreement also includes $1,000,000 for the expansion
of the Commission's research programs and enhanced outreach
efforts, as proposed by the House.
The conference agreement incorporates, by reference, the
Senate report language directing the Commission to conduct
certain research and provide a report no later than May 1,
2005.
United States Institute of Peace
OPERATING EXPENSES
The conference agreement includes $23,000,000 for the
United States Institute of Peace. Within the amounts provided,
including prior year funding, the Institute may use such funds
as necessary for advance architectural work and planning
related to a new headquarters facility.
In addition, the conferees direct the Institute to create
a task force to study the United Nations' efforts to meet the
goals of its charter as signed in June of 1945. This study
should address obstacles to achieving such goals, especially
the goal of maintaining international peace and security and
the promotion of universal respect for and observance of human
rights and fundamental freedoms. The conferees are deeply
troubled by the inaction of the United Nations on many fronts,
especially in regard to the genocide in Darfur, Sudan, and the
allegations of corruption regarding the United Nations Oil-For-
Food program. The task force should consist of experts from the
following public policy forums: American Enterprise Institute,
Brookings Institution, Council on Foreign Relations, Center for
Strategic and International Studies, Hoover Institution, and
Heritage Foundation. The conferees anticipate the task force
would not include more than 12 members. The conferees expect
the results of the study to be presented to the Committees on
Appropriations within 180 days of the enactment of this Act.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
The conference agreement includes an appropriation of
$100,000 for the salaries and expenses of the United States
Senate-China Interparliamentary Group as proposed by the
Senate. Funding for the Interparliamentary Group was not
included in the House bill.
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
The conference agreement includes the following General
Provisions:
Sec 601. The conference agreement includes section 601
regarding the use of appropriations for publicity and
propaganda purposes.
Sec. 602. The conference agreement includes section 602
regarding the availability of appropriations for obligation
beyond the current fiscal year.
Sec. 603. The conference agreement includes section 603
regarding the use of funds for consulting purposes.
Sec. 604. The conference agreement includes section 604
providing that should any provision of the Act be held to be
invalid, the remainder of the Act would not be affected.
Sec. 605. The conference agreement includes section 605
regarding the policy by which funding available to the agencies
funded under this Act may be reprogrammed for other purposes.
Sec. 606. The conference agreement includes section 606
regarding the construction, repair, or modification of National
Oceanic and Atmospheric Administration vessels in overseas
shipyards.
Sec. 607. The conference agreement includes section 607
prohibiting funds in the bill from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission (EEOC) similar to proposed guidelines
covering harassment based on religion published by the EEOC in
October 1993.
Sec. 608. The conference agreement includes section 608
regarding the purchase of American made products.
Sec. 609. The conference agreement includes section 609
prohibiting the use of funds for any United Nations
peacekeeping mission that involves U.S. Armed Forces under the
command or operational control of a foreign national unless the
President certifies that the involvement is in the national
security interest.
Sec. 610. The conference agreement includes section 610
that requires agencies to provide quarterly reports to the
Committees on Appropriations regarding unobligated balances.
Sec. 611. The conference agreement includes section 611
that prohibits use of funds to expand the U.S. diplomatic
presence in Vietnam beyond the level in effect July 11, 1995,
unless the President makes a certification that several
conditions have been met regarding Vietnam's cooperation with
the United States on POW/MIA issues.
Sec. 612. The conference agreement includes section 612
requiring agencies and departments funded in this Act to absorb
any necessary costs related to downsizing or consolidation
within the amounts provided to the agency or department.
Sec. 613. The conference agreement includes section 613
regarding the sale or export of tobacco or tobacco products.
Sec. 614. The conference agreement includes section 614
extending the prohibition on the use of funds to issue a visa
to any alien involved in extrajudicial and political killings
in Haiti, including exemption and reporting requirements.
Sec. 615. The conference agreement includes section 615
that prohibits a user fee from being charged for background
checks conducted pursuant to the Brady Handgun Control Act of
1993, and prohibits implementation of a background check system
which does not require or result in destruction of certain
information.
Sec. 616. The conference agreement includes section 616
regarding amounts available under the Crime Victims Fund.
Sec. 617. The conference agreement includes section 617
prohibiting the use of Department of Justice funds for programs
that discriminate against, denigrate, or otherwise undermine
the religious beliefs of students participating in such
programs.
Sec. 618. The conference agreement includes section 618
prohibiting the use of funds appropriated or otherwise made
available to the Department of State to process visas for
citizens of countries that the Secretary of Homeland Security
has determined deny or delay accepting the return of deported
citizens.
Sec. 619. The conference agreement includes section 619
providing additional amounts for the Small Business
Administration.
Sec. 620. The conference agreement includes section 620
regarding the Small Business Administration Disaster Loans
Program.
Sec. 621. The conference agreement includes section 621
regarding transfers of funds.
Sec. 622. The conference agreement includes section 622
regarding the implementation of telecommuting programs.
Sec. 623. The conference agreement includes section 623
regarding the negotiation or reevaluation of international
agreements.
Sec. 624. The conference agreement includes section 624
regarding firearms tracing studies.
Sec. 625. The conference agreement includes section 625
regarding international child abduction.
Sec. 626. The conference agreement includes section 626
regarding patents.
Sec. 627. The conference agreement includes section 627
regarding the United Nations.
Sec. 628. The conference agreement includes section 628
that requires the Department of Justice, the Department of
Homeland Security, and the Department of State to jointly
submit a report.
Sec. 629. The conference agreement includes section 629
regarding Capital Security Cost Sharing.
Sec. 630. The conference agreement includes section 630
regarding Capital Security Cost Sharing.
Sec. 631. The conference agreement includes section 631
requiring that the Secretary of State make a determination on
recent events and support the investigation and prosecution of
war crimes and crimes against humanity in the Darfur Region of
Sudan.
Sec. 632. The conference agreement includes section 632
that prohibits the use of funds to support or justify the use
of torture.
Sec. 633. The conference agreement includes section 633
that addresses the Drug Enforcement Administration's diversion
control program.
Sec. 634. The conference agreement includes section 634
prohibiting the use of funds to change rules governing the
Universal Service Fund.
Sec. 635. The conference agreement includes section 635
concerning certain unobligated balances.
Sec. 636. The conference agreement includes section 636
regarding the National Veterans Business Development
Corporation.
Sec. 637. The conference agreement includes section 637
regarding Capital Security Cost Sharing.
Sec. 638. The conference agreement includes section 638
regarding Federal Communications Commission properties.
Sec. 639. The conference agreement includes section 639
prohibiting certain uses of funds.
Sec. 640. The conference agreement includes section 640
regarding amounts provided in this Act.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
The conference agreement includes a rescission of
$60,000,000 from unobligated balances in this account. The
Senate proposed a $44,000,000 rescission for this account under
Title VI.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
The conference agreement includes a rescission of
$61,800,000 from unobligated balances in this account. The
Senate proposed a $30,000,000 rescission for this account under
Title VI.
JUSTICE ASSISTANCE
(RESCISSION)
The conference agreement includes a rescission of
$1,619,000 from this account. These balances result from
deobligations of prior year grant funding. Amounts available
for the Missing Children's Program, the National White Collar
Crime Center and Regional Information Sharing System shall not
be rescinded.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
The conference agreement includes a rescission of
$29,380,000 from unobligated balances in this account, instead
of $20,000,000 as proposed by the House. These balances result
from deobligations of prior year grant funding. Amounts
available for Tribal Courts and Indian Prison Construction
shall not be rescinded.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
The conference agreement includes a rescission of
$99,000,000 from unobligated balances in this account, instead
of $61,000,000 as proposed by the House. These balances result
from deobligations of prior year grant funding.
JUVENILE JUSTICE
(RESCISSION)
The conference agreement includes a rescission of
$3,500,000 from unobligated balances in this account. These
balances result from deobligations of prior year grant funding.
Amounts available for Tribal Youth and Alcohol Prevention shall
not be rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
The conference agreement includes a rescission of
$3,900,000 from unobligated balances in this account. These
balances are prior year Advanced Technology Program funds.
RELATED AGENCIES
Federal Communications Commission
SALARIES AND EXPENSES
(RESCISSION)
The conference agreement includes a rescission of
$12,000,000 from unobligated balances under this heading. The
conferees agree that this rescission represents an amount
available from prior year excess fee collections.
TITLE VIII--PATENT AND TRADEMARK FEES
The conference agreement includes language regarding
patent and trademark fees.
TITLE IX--OCEANS AND HUMAN HEALTH ACT
The conference agreement includes language regarding the
oceans and human health.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $42,242,023
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 43,216,594
House bill, fiscal year 2005............................ 43,483,066
Senate bill, fiscal year 2005........................... 43,467,214
Conference agreement, fiscal year 2005.................. 43,681,207
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. +1,439,184
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +464,613
House bill, fiscal year 2005........................ +198,141
Senate bill, fiscal year 2005....................... +213,993
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs and activities of the Corps of
Engineers. Additional items of the conference agreement are
discussed below. House report 108-554 is presumed to have
effect unless contradicted by this statement of the managers.
CONTINUING CONTRACTS AND REPROGRAMMING
Construction of a single water resource project requires
tremendous flexibility. Water resource projects are constructed
in physically challenging locations. By their nature, these
projects involve large mobilization costs and great
uncertainties. The Corps of Engineers has been tasked with
providing hundreds of water infrastructure projects in
challenging locations throughout the country. Historically, the
Corps has done an outstanding job of managing these great water
resource projects and has provided the water infrastructure
that has greatly contributed to our economic security.
The conferees recognize that one of the greatest tools
that the Corps of Engineers has for managing its nationwide
water resources infrastructure program is the ability to award
multiyear continuing contracts. When an agency is managing,
literally, hundreds of construction projects throughout the
country, problems are inevitable. These can range from flood,
to drought, to funding shortfalls, to unanticipated hazardous
wastes encountered in the construction site, discovery of
unanticipated cultural resources. Any one of these items can
bring a project to a temporary halt or slow construction. By
the same token, projects can be accelerated due to mild winters
or below average flows on a river allowing a longer
construction season and more work to be done and more funds to
be utilized.
Continuing contracts allow the Corps to award large
construction elements of a project to take advantage of the
economies of scale available to construction contractors.
Allowing these large construction elements to be managed over
several years without requiring contracts to be fully funded
before construction begins affords the Corps the ability to
more efficiently manage multiple construction contracts.
Multiyear funding, and the ability to reprogram funds, are
tools that have allowed the Corps to maximize scarce resources
to try to do as much as possible with the resources available
to them; they also left the Corps open to charges that it has
put contractors in charge of managing its funds.
The conferees have expressed concerns in the past that
Corps of Engineers construction projects may have used the
continuing contracts clause and the ability to reprogram funds
to award some construction contracts that may not have been
fiscally prudent, in light of current budget realities.
However, many of these construction contracts were awarded when
surplus funds were available allowing reprogramming of funds to
make up for budget shortfalls. This process has resulted in
most surplus funds being expended, leaving the Corps with very
little flexibility to cover the financial obligations of the
construction contracts. This has resulted in an increased
number of reprogrammings necessary to satisfy as many of the
Corps' financial obligations as possible.
The conferees believe that the Corps has made great
strides in resolving these financial issues by applying more
stringent controls on financial obligations allowed on
multiyear contracts and will allow the Corps to continue to
resolve this situation. However, the conferees caution the
Corps that it must regain control of all aspects of program
execution and execute the program appropriated to it. The use
of continuing contracts and reprogramming of funds is a
privilege afforded by this conference--a privilege that can be
revoked. The House and Senate Appropriations Committees will
continue to monitor this situation and require the Corps to
provide quarterly written updates to the Committees on its
efforts to better manage continuing contracts and to award
contracts better suited to responsible management.
Due to the increased number of reprogrammings that are
being undertaken by the Corps, the conferees believe new
guidelines are needed to help monitor reprogramming of funds.
The conferees recognize that the increase in reprogrammings is
not entirely the fault of the Corps of Engineers. However,
reprogramming guidelines have not been examined in many years,
and the conferees believe that it would be prudent to reexamine
this privilege. Therefore, the conferees are providing the
following guidelines:
Reprogramming Authorities.--The conferees require the
Corps to inform the Committees promptly and fully when a change
in program execution and funding is required during the fiscal
year. The following guidance is provided for Corps Civil Works
programs and activities funded in the Energy and Water
Development Appropriations Act.
Definition.--A reprogramming includes the reallocation of
funds from one activity to another within an appropriation, or
any significant departure from a program, project, or activity
described in the agency's budget justifications presented to
and approved by Congress. For construction projects, a
reprogramming constitutes the reallocation of funds from one
construction project or a significant change in the scope of an
approved project.
General Criteria for Reprogramming.--Reprogramming is
allowed only within an appropriation, with the exception, as
now exists, that Flood Control and Coastal Emergency may be
augmented when necessary from other Corps Civil Works
appropriations. Reprogramming is allowed into only previously
appropriated activities or those identified in a bill as
``within available funds.'' Reprogrammings should not be
employed to initiate new programs (unless specifically approved
by both House and Senate Appropriations Committees) or to
change program, project, or activity allocation in the Act or
report. In cases where unforeseen events or conditions are
deemed to require such changes, proposals shall be submitted in
advance to the House and Senate Appropriations Committees and
be fully explained and justified.
REPROGRAMMING GUIDANCE
General Investigations.--Reprogramming a cumulative total
of up to 25 percent of the appropriated funding level between
studies or programs under this heading without approval of
either House of Congress, is permitted. However, the Chief of
Engineers shall provide a quarterly report to both House and
Senate Appropriations Committees of all reprogrammings in
excess of $250,000 but less than $500,000 for individual
studies or programs. Approval of both House and Senate
Appropriations Committees is required for cumulative
reprogrammings in excess of $500,000 for individual studies or
programs. Restoration of prior year savings and slippage shall
not count toward the cumulative total. The conferees do not
object to reprogramming up to $50,000 to any continuing study
or program that did not receive an appropriation or where the
percentage limit is less than $50,000. All funds used to source
reprogrammings described above should be surplus to current
year needs for that effort.
Construction General.--Reprogramming a cumulative total
of up to 15 percent of the appropriated funding level between
projects or programs under this heading without approval of
either House of Congress, is permitted. However, the Chief of
Engineers shall provide a quarterly report to both House and
Senate Appropriations Committees of all reprogrammings in
excess of $4,000,000 but less than $7,000,000 for individual
projects or programs. Approval of both House and Senate
Appropriations Committees is required for cumulative
reprogrammings in excess of $7,000,000 for individual projects
or programs. Restoration of prior year savings and slippage
shall not count toward the cumulative total. The conferees do
not object to reprogramming up to $300,000 to any continuing
project or program that did not receive an appropriation or
where the percentage limit is less than $300,000. All funds
used to source reprogrammings described above should be surplus
to current year needs for that effort.
Operation and Maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies. The Chief of Engineers must notify the
House and Senate Appropriations Committees as soon as
practicable of these emergency situations. For all other
reprogrammings, a cumulative total of up to 50 percent of the
appropriated funding level between projects or programs under
this heading without approval of either House of Congress, is
permitted. However, the Chief of Engineers shall provide a
quarterly report to both House and Senate Appropriations
Committees of all reprogrammings in excess of $5,000,000 but
less than $10,000,000 for individual projects or programs.
Approval of both House and Senate Appropriations Committees is
required for cumulative reprogrammings in excess of $10,000,000
for individual projects or programs. Restoration of prior year
savings and slippage shall not count toward the cumulative
total. The conferees do not object to reprogramming up to
$300,000 to any continuing project or program that did not
receive an appropriation or where the percentage limit is less
than $300,000. All funds used to source reprogrammings
described above should be surplus to current year needs for
that effort.
Mississippi River and Tributaries.--The Corps should
follow the same reprogramming guidelines for the General
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account as
listed above.
GENERAL INVESTIGATIONS
The conference agreement appropriates $144,500,000 for
General Investigations.
Floodplain Management Services.--The conferees have
provided $6,813,000 for the Floodplain Management Services
program, including $776,000 to complete the Geographic
Information System for East Baton Rouge, Louisiana; $200,000
for a Blind Brook, City of Rye, New York, hydrological
analysis; and $1,000,000 for the Hurricane Preparedness Studies
for the State of Hawaii and the U.S. Territories in the Pacific
and the Caribbean.
Coastal Field Data Collection.--The conference agreement
provides $4,875,000 for the Coastal Field Data Collection
program. Funds are provided in the amount of $1,000,000 for the
Southern California Beach Process Study, not less than
$1,000,000 for continuation of the Coastal Data Information
Program, and $1,000,000 for the State of Hawaii, the U.S.
Territories in the Pacific and Caribbean, and $1,000,000 for
the Pacific Island Ocean Typhoon Experiment [PILOT].
Research and Development.--Within the funds provided for
the Corps of Engineers Research and Development Program,
$2,000,000 is provided for innovative technology demonstrations
for urban flooding and channel restoration. These
demonstrations shall be conducted in close coordination and
cooperation with the Urban Water Research Program of the Desert
Research Institute of Nevada. In addition, within the funds
provided for the Corps of Engineers Research and Development
Program $500,000 is provided to undertake and fund a
demonstration project utilizing the Rapid Environmental
Decision Support Environment software to fill current
technology gaps in the GIS-based approaches with respect to
post-natural disaster analysis. The conferees have also
included $1,000,000 to continue work in the area of Submerged
Aquatic Vegetation or ``seagrasses'' and restoration efforts in
the Chesapeake Bay, Maryland and Virginia.
Upper Trinity River Basin, Texas.--The conference report
provides additional funding to proceed with Planning,
Engineering and Design and continue preparation and
coordination of an Environmental Impact Statement associated
with the locally-preferred alternative for the Central City
River Segment of the Trinity River Vision Master Plan dated
April 2003.
Connecticut River Ecosystem Restoration, Vermont and New
Hampshire.--The conference has provided $50,000 to initiate
feasibility studies for the West and Ashuelot Rivers.
Other Coordination Programs.--The conferees have provided
$4,300,000 for the Other Coordination Programs. Within the
funds provided, $500,000 is to continue work associated with
the Lake Tahoe Federal Interagency Partnership.
Planning Assistance to States.--The amount provided for
the Planning Assistances to States Program includes $100,000
for the Arkansas River Corridor MasterPlan; $100,0000 to
continue the Ingham County, Michigan, Geographic Information System
Study; $100,000 to finish the Arkansas River Corridor Master Plan,
Oklahoma; $100,000 to initiate geotechnical investigations of a
proposed damsite near Mangum, Oklahoma; $250,000 to initiate a
groundwater study for Greene County, Missouri; $134,000 to complete the
Memphis Riverfront Development, Tennessee, study; $200,000 for Central
Oahu, Hawaii; $500,000 for Lake Champlain, Vermont; $500,000 for remote
sensing in New Mexico; $150,000 for Lake Rogers, North Carolina; and
$150,000 to conduct an evaluation of recreation supply and demand in
New Castle County, Delaware. Also included is $250,000 to continue a
New Jersey Marine Fish Evaluation Study. The Corps of Engineers is
urged to consider using the Fisheries Conservation Trust, formerly
known as the Save the Fish Foundation, to carry out this investigation.
Within funds provided for this program, the Corps is directed to work
with the Chagrin River Land Conservancy to develop strategies for
preserving, and acquisition of funding for preservation of the
properties known as Wilde Fields and Mayer Preserve in Cuyahoga County,
Ohio.
The conferees are aware of the potential benefits of
incorporating modular plastic belting technology into fish
screen devices. Accordingly, the conferees urge the Corps to
consider deployment of this technology in the full range of
viable fish screen configurations, including submersible
traveling screens. Furthermore, the conferees look forward to
reviewing the agency's assessment of the technology as compared
to other available fish screen devices.
CONSTRUCTION, GENERAL
The conference agreement appropriates $1,796,089,000 for
Construction, General.
Red River Below Denison Dam, Arkansas, Louisiana,
Oklahoma, and Texas.--The conferees have provided $750,000 for
levee rehabilitation in Arkansas and Louisiana.
American River Watershed (Folsom Dam Mini-Raise),
California.--Within funds provided for the American River
Watershed (Folsom Dam Mini-Raise), California, project, the
Corps is directed to continue design of the Folsom Dam
replacement road and permanent bridge to assure their
completion at the earliest possible date consistent with the
pace of the Mini-Raise project as a whole.
The conferees include language directing the Corps of
Engineers to expend its full capability, up to $5,000,000, to
advance the permanent bridge to replace Folsom Bridge Dam Road,
Folsom, California, as authorized by the Energy and Water
Development Appropriations Act, 2004 (P.L. 108-137) with all
remaining funds devoted to the Mini-Raise. The conferees are
aware of reports that there have been attempts to place
obstacles in the way of this work, and insist that it be
allowed to proceed, unimpeded.
Florida Keys Water Quality Improvements, Florida.--The
conferees have provided $2,250,000 for the implementation of
wastewater and stormwater improvements and believe these
efforts should be carried out in coordination with the ongoing
Everglades restoration work.
Olmsted Locks and Dam, Ohio River, Illinois & Kentucky.--
None of the funds provided for the Olmsted Locks and Dam
Project are to be used to reimburse the Claims and Judgment
Fund.
J. Bennett Johnston Waterway, Louisiana.--The conferees
have provided $13,000,000 for construction of navigation
channel refinement features, land purchases and development for
mitigation of project impacts, and construction of project
recreation features and appurtenant features.
Chesapeake Bay Environmental Restoration and Protection
Program, Maryland and Virginia.--The conference recommendation
includes $1,500,000 for this project. Within the funds
provided, $400,000 is provided to continue environmental
studies of non-native oysters.
The conferees expect the Corps, in conducting the
Environmental Impact Statement [EIS] for introducing non-native
oyster species into the Chesapeake Bay, to consider all
alternatives, including restoration of native oyster species.
The conferees also expect that the EIS will address the
research gaps identified in the National Research Council
report titled ``Non-native Oysters in the Chesapeake Bay'' and
the Chesapeake Bay Program Scientific and Technical Advisory
Committee report on the same subject.
Rural Montana, Montana.--The conferees have provided
$2,000,000 for the Rural Montana project. Within the funds
provided the Corps is directed to give consideration to
projects at Belgrade, Manhattan, Livingston, Butte, Helena, and
Drummond, Montana. Other communities that meet the program
criteria should be considered as funding allows.
Rural Nevada, Nevada.--The conferees have provided
$20,000,000 for the Rural Nevada project. Within the funds
provided the Corps is directed to give consideration to
projects at Boulder City, Lyon County (Carson River Regional
Water System), Gerlach, Incline Village, Lawton-Verdi,
Esmeralda County, Churchill County, West Wendover, Searchlight,
Yerington, Virgin Valley Water District, Lovelock, Carson City,
Hemenway Valley Wastewater treatment and Huffaker Hills
Reservoir Water Conservation Nevada. Other communities that
meet the program criteria should be considered as funding
allows.
Tropicana and Flamingo Washes, Nevada.--The conferees
have provided $24,000,000 to continue construction of this
flood control project. The conference recommendation includes
$3,000,000 for work performed in accordance with Section 211 of
Public Law 104-303.
Central New Mexico, New Mexico.--The conference has
included $5,000,000 for this project which includes funding to
continue the Black Mesa project begun in fiscal year 2004.
Middle Rio Grande Flood Protection, New Mexico.--The
conferees have included $300,000 to continue the Belen,
Mountainview, and Isleta General Reevaluation Report.
Fire Island Inlet to Montauk Point, New York.--The
conferees have included additional funding for the continuation
of the reformulation study.
Ohio Environmental Infrastructure, Ohio.--The bill
contains $22,000,000 for the Ohio Environmental Infrastructure
program authorized by section 594 of the Water Resources
Development Act of 1999. The amount provided includes: $15,000
for the Jackson County water line project; $100,000 for the
Morgan County, Bishopville, water project; $475,000 for the
Morgan County, McConnelsville, storm water project; $1,000,000
for the Muskingum County, Zanesville, wastewater treatment
facility; $25,000 for the Vinton County, Arbaugh/Hope water
line extension; $350,000 for theBuckeye Lake, water line
project; $500,000 for the Hancock County, Village of Janera, wastewater
collection system; $1,000,000 for the Village of West Jefferson, water
treatment facility; $1,000,000 for the City of Louisville, protection
for wastewater treatment plant; $2,000,000 for the Stark County, Zimber
Ditch project; $500,000 for the Noble County, sewer system; $500,000
for the Youngstown, Orchard Meadow Combined Sewer Overflow project;
$500,000 for the Lake County, Concord Township sanitary sewer line
improvement; $100,000 for the Lake County, Perry Township, Shepard Road
waterline extension; $900,000 for the Lake County, Village of Perry,
Sanitary sewer system; $1,000,000 for the Toledo Combined Sewer
Overflow project; $1,000,000 for the Tech Town Dayton Technology Campus
water and sewer project; $2,500,000 for the University of Dayton, Brown
and Stewart water and sewer project; $640,000 for the Clinton County,
Clinton Massie School District sewer project; $1,500,000 for the
Springfield Applied Research and Technology Park water and sewer
project; $700,000 for the Clark County Southwest Regional Waste Water
Treatment Plant expansion; $500,000 for Clark County, Village of
Donnelsville sewer system project; $1,350,000 for the Fayette County,
Village of Bloomingberg, Waste Water Treatment Plant; $100,000 for the
Pickaway County, Harrison and Madison Township water and sewer project;
$150,000 for the Village of Corning water and sewer project; $1,880,000
for the Scioto County, Minford Wastewater Treatment Facility; and
$250,000 for the City of Dayton, Northeast Quadrant water and sewer
infrastructure.
Columbia River Treaty Fishing Sites, Oregon and
Washington.--The conferees have included $700,000 for
facilities at White Salmon, WA.
Elk Creek Lake, Oregon.--Funds provided in this Act and
funds previously appropriated for the Elk Creek Lake, Oregon,
project are available to plan and implement long-term
management measures at the project to maintain the project in
an uncompleted state, including design and construction of a
permanent trap- and-haul facility to replace the existing,
interim facility. Funds may not be used for any further work on
the Corps of Engineers proposal to remove a section of the dam
for fish passage.
Cheyenne River Sioux Tribe, Lower Brule Sioux, South
Dakota.--The conference notes that Title IV of the Water
Resources Development Act of 1999, as amended, authorizes
funding to pay administrative expenses, implementation of
terrestrial wildlife plans, activities associated with land
transferred or to be transferred, and annual expenses for
operating recreational areas. The conferees have included
$5,750,000 for this effort. Within the funds provided, the
conference directs that not more than $1,000,000 shall be
provided for administrative expenses, and that the Corps is to
distribute the remaining funds as directed by Title IV to the
State of South Dakota, the Cheyenne River Sioux Tribe and the
Lower Brule Sioux Tribe.
Rural Utah, Utah.--The conference has provided $1,000,000
for this project and encourages the Corps to proceed with those
projects which are eligible and are prepared to move forward.
Columbia River Fish Mitigation, Avian Predation,
Columbia/Snake River Basin, Washington, Oregon, and Idaho.--The
conferees are aware of the need to investigate the effect of
avian predation on the survival of listed salmon and steelhead
in the Columbia/Snake River Basin and directs the Secretary to
provide up to $750,000, as needed, from the Columbia River Fish
Mitigation project for this purpose. The conference expects the
Corps of Engineers to coordinate with the Secretary of Commerce
and the Secretary of the Interior to develop an implementation
plan and initiate actions to reduce avian predation where such
actions are determined to be biologically and cost effective.
Aquatic Plant Control Program.--The conferees have
included $4,500,000 for the Aquatic Plant Control program's
base research and development activities. In an effort to
maximize limited funding for eradication and harvesting, the
conference strongly recommends that these efforts be undertaken
only where a local sponsor agrees to provide 50 percent of the
cost of the work. Within the funds provided, $300,000 is for a
cost shared effort with the State of South Carolina and
$400,000 is for a cost shared effort with the State of Vermont
and $100,000 is for the control of aquatic nuisance vegetation
in the Potomac and Tributaries, Virginia, Maryland, and
District of Columbia. The conference urges the Corps to
establish a cost shared program with the State of Hawaii.
Beneficial Uses of Dredged Material.--The conference
recommendation includes $6,000,000. Within the funds provided
$3,000,000 is for Morehead City Harbor, NC.
Dam Safety and Seepage/Stability Correction Program.--The
conference recommendation includes $10,500,000 for the program.
Within the funds provided, $3,000,000 is provided for the Corps
to complete work on Waterbury Dam in Vermont.
Shoreline Erosion Control and Development and
Demonstration.--The conference recommendation includes
$7,000,000. Within the funds provided $400,000 is provided for
Sacred Falls, Hawaii.
Continuing Authorities Program (CAP).--The conference
departs from its usual practice in the presentation of CAP
projects chosen for funding. In previous conference reports,
CAP funding for individual projects was presented in an
unstructured text form. For fiscal year 2005, in order to
increase uniformity and simplify use of the report, CAP funding
will be shown in a table, with information limited to
identification of the CAP authority under which the project is
authorized, the name of the project, and the amount of funding
provided.
The conferees are aware that many projects selected for
funding under the Continuing Authorities Program have not
received any funds due to overwhelming demand and limited
funding authority within the Continuing Authorities Program.
The conference directs that such projects should receive
priority consideration for any available such funds, in fiscal
2005, and in the future.
The continuing project authorities listed below, allow
the Corps great flexibility to respond to various, limited-
scope, water resource problems facing communities throughout
the Nation. This program has proven to be remarkably successful
in providing a quick response to serious local problems. These
problems range from flood control and navigation to bank
stabilization and environmental restoration. The conferees have
provided funds in excess of the budget request for virtually
all of these accounts. As a general rule, once a project has
received funds for the initial phases of any of these
authorities, the project will continue to be funded as long as
it proves to be environmentally sound, technically feasible,
and economically justified, as applicable. With this in mind,
the conference has chosen to limit explicit direction of these
project authorities.
The conferees are aware that there are funding
requirements for ongoing, continuing authorities projects that
may not be accommodated within the funds provided for each
program. It is not the conference's intent that ongoing
projects be terminated. Ifadditional funds are needed to keep
ongoing work in any program on schedule, the conference urges the Corps
to reprogram the necessary funds.
Small Flood Control Projects (Section 205).--Funding for
the Zimber Ditch, Stark County, Ohio project is now provided
under the Ohio Environmental Infrastructure program. The
conference is informed that $700,000 in funding was provided
for Butler Lake, Illinois, in fiscal year 2004, most of which
has not been expended, and directs that, if true, the Corps of
Engineers utilize funding provided to initiate construction on
an expedited basis.
Tribal Partnership Program.--The conferees acknowledge
the serious impacts of coastal erosion and flooding due to
continued climate change in Alaska. The conference expects the
Corps to continue its work in this area and has included a
total of $4,000,000, of which $2,000,000 is to combat erosion
in Alaska.
A field hearing was held in Anchorage, Alaska on June 29
and 30, 2004, on the impacts of severe erosion and flooding on
Alaska Native villages.
There is no Federal or State agency to coordinate and
assist these communities in the relocation or in the interim
provide preventative measures to slow the effects of the
erosion and flooding. The conference finds there is a need for
an Alaska erosion baseline study to coordinate and plan the
appropriate responses and assistance for Alaska villages in the
most need and to provide an overall assessment on the priority
of which villages should receive assistance. Therefore, the
conference has provided the $2,000,000 for this study.
In addition, the conferees have also included $150,000
for Idaho; $150,000 for Nevada to initiate cultural resource
restoration on historic Washoe lands; and $150,000 for New
Mexico to further the tribal assistance efforts by the Corps in
these States.
MISSISSIPPI RIVER AND TRIBUTARIES
Atchafalaya Basin, Louisiana.--The conference has
included $1,253,000 for the continued levee enlargement
construction work.
Yazoo Basin, Mississippi, Yazoo Backwater Project
(Pumping plant and Nonstructural Features), Mississippi.--The
conference has provided $12,000,000 and directive legislative
language to maintain the schedule to complete the design, to
initiate the pump supply contract, and to continue the real
estate activities.
OPERATION AND MAINTENANCE
Mobile Harbor, Alabama.--The conferees have included an
additional $1,000,000 to continue the Garrows Bend
environmental restoration.
Tennessee--Tombigbee Waterway, Alabama & Mississippi.--
The conference has included an additional $650,000 to perform
additional maintenance dredging. Of the funds provided, up to
$300,000 may be used for aquatic plant control activities.
Anchorage Harbor, Alaska.--The conferees have included an
additional $2,000,000 for maintenance dredging of the harbor.
Chena River Lakes, Alaska.--The conferees have included
an additional $775,000 for the additional deferred maintenance
work of the Chena River Lakes project.
Nome Harbor, Alaska.--The conference has included an
additional $1,000,000 for additional maintenance dredging of
the harbor.
Cherry Creek, Chatfield, and Trinidad Lakes, Colorado.--
The conferees have included an additional $1,549,000 for
continued repairs at these three lakes. This action in no way
is intended to alter the Corps of Engineers' lease and property
accountability policies. It is the conference's understanding
that the State of Colorado has agreed to cost share this
project on a 50-50 basis. It is also the understanding of the
conferees that the Secretary is not to assume, nor share in the
future of the operation and maintenance of these recreation
facilities. Of the funds provided, the Corps is directed to
conduct a reallocation study for Chatfield Reservoir project.
Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland.--The conference recommendation includes
$14,400,000 for this project. Within the funds provided,
$500,000 is included for maintenance costs of the SR-1 Bridge
and $100,000 for plans and specifications for the Summit Bridge
approaches.
Apalachiacola, Chattahoochee and Flint Rivers, Georgia,
Alabama, and Florida.--The conference has included an
additional $5,231,000, which includes annual dredging of the
river channel, annual operations and maintenance of the George
W. Andrews Lock, spot dredging of shoals, continuation of
slough mouth restoration, and routine operations and
maintenance of the project.
Dworshak Dam and Reservoir, Idaho.--The conferees have
included an additional $500,000 for site improvements and
environmental compliance efforts.
Snake River Dredging, Idaho, Oregon, and Washington.--The
conferees have recommended $250,000 for dredging completion of
the Programmatic Dredged Material Management Plan/Supplemental
Environmental Impact Statement and for maintenance dredging on
the Snake River.
Ohio River Locks and Dams, Kentucky, Illinois, Indiana,
and Ohio. Within the funds provided, the Corps of Engineers is
directed to utilize up to $2,500,000 in cooperation with
Operation Respond, a non-profit organization, to implement a
demonstration project collecting and integrating imagery of a
selected segment of the Ohio Basin, gathering data from Federal
and non-Federal interests, developing and testing software
primarily for the use of emergency responders, and for
stabilization measures for the Emery Lane bank failure at
Indianapolis, Indiana.
Wolf Creek Dam, Lake Cumberland, Kentucky.--Additional
funding includes $500,000 for parking improvements at Lee's
Ford Marina, as well as additional funding for powerhouse-
related repairs.
Mississippi River Between Missouri River and Minneapolis
(MVR Portion), Illinois.--The conference recommendation
includes $43,473,000. Within the funds provided, $1,000,000 is
for continuation of the rehab of Lock and Dam 11.
Delaware River, Philadelphia to the Sea, New Jersey,
Pennsylvania, and Delaware.--The conferees have included an
additional $1,450,000 for completion of the Pea Patch Island
project.
Council Grove Lake, Kansas.--The conference has included
additional funding for the repair and upgrade of public use
facilities.
Wilson Lake, Kansas.--The conference has provided
additional funding for the Corps to conduct a reallocation
study.
Barren River Lake, Kentucky.--The conferees have provided
additional funding for the repair and upgrade of public use
facilities.
J. Bennett Johnston Waterway, Louisiana.--The conference
has included additional funding for bank stabilization repairs,
dredging entrances to oxbow lakes, routine operation and
maintenance activities, annual dredging requirements, and
backlog maintenance.
Fort Peck Dam, Montana.--The conferees have included
additional funds to complete the on-going construction work
related to the site.
Cochiti Lake, New Mexico.--The conferees have provided
additional funds for the continuation of studies that were
initiated in fiscal year 2004, which include the proposed
operational changes and gate automation and to begin the
relocation of the Al Black area.
Garrison Dam and Lake Sakakawea, North Dakota.--The
conference has provided additional funds for mosquito control
and for deferred maintenance activities. The conference is
aware that low lake levels on Lake Sakakawea, North Dakota have
made the current marina located at Fort Stevenson unusable and
expects the Army Corps to use funds within this account to
relocate this marina to Garrison Bay.
Norfolk Harbor, Craney Island, Virginia.--The conference
has provided additional funds in order to raise the containment
dikes to provide the capacity needed for the Norfolk Harbor
Deepening project.
Connecticut River Flood Control Dams, Vermont.--$250,000
has been provided for fish passage facilities at these
projects.
Columbia & Lower Willamette River Below Vancouver,
Washington and Portland, Oregon.--The conference recommendation
includes $250,000 for the Astoria Boat Basin.
Regional Sediment Management Demonstration Program.--The
conferees have provided $2,500,000 for this program. Within the
funds provided, $500,000 is for the southeast coast of Oahu,
Hawaii and $1,000,000 is for the Littoral Drift Restoration
Program, Washington.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM (FUSRAP)
The conferees provide $165,000,000 for the Formerly
Utilized Sites Remedial Action Program (FUSRAP). The additional
funds are to be used to accelerate cleanup of existing FUSRAP
sites and to address potential new sites that may qualify as
eligible FUSRAP sites, such as the former Sylvania nuclear fuel
site located in Hicksville, New York.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
The conferees provide $4,000,000 for the salaries and
expenses of the Office of the Assistant Secretary of the Army
(Civil Works). This office had previously been funded under the
Operation and Maintenance, Army, appropriation.
General Provisions--Corps of Engineers
Sec. 101. The conference report includes language
regarding credits and reimbursements.
Sec. 102. The conference report includes language
regarding Tuscarawas County, Ohio.
Sec. 103. The conference report includes language about
divesting civil works functions.
Sec. 104. The conference report includes language
regarding Alamagordo, New Mexico.
Sec. 105. The conference report includes language
regarding Stark County, Ohio.
Sec. 106. The conference report includes language
regarding the St. Georges Bridge in Delaware.
Sec. 107. The conference report includes language
regarding Lake Cumberland, Kentucky.
Sec. 108. The conference report includes language
regarding the Lake Tahoe Basin in California and Nevada.
Sec. 109. The conference report includes language
regarding the Lake Tahoe Watershed in California and Nevada.
Sec. 110. The conference report includes language
regarding the Prado Dam in California.
Sec. 111. The conference report includes language
regarding the Black Warrior-Tombigbee Rivers in Alabama.
Sec. 112 and Sec. 113. The conference report includes
language regarding the submittal of Chief of Engineers reports.
Sec. 114. The conference report includes language
regarding coastal wetlands conservation funding.
Sec. 115. The conference report includes language
regarding Lake Sakakawea in North Dakota.
Sec. 116. The conference report includes language
regarding Central City in Fort Worth, Texas.
Sec. 117. The conference report includes language
regarding Alaska erosion.
Sec. 118. The conference report includes language
regarding Cook Inlet, Alaska.
Sec. 119. The conference report includes language
regarding Northern Wisconsin.
Sec. 120. The conference report includes language
regarding St. Croix Falls, Wisconsin.
Sec. 121. The conference report includes language
regarding Burns Harbor, Indiana.
Sec. 122. The conference report includes language
regarding Duck River, Alabama.
Sec. 123. The conference report includes language
regarding Yakutat, Alaska.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project Completion Account
The conference agreement includes $48,009,000 for fiscal
year 2005 to carry out the provisions of the Central Utah
Project Completion Act. An appropriation of $30,806,000 has
been provided for Central Utah project construction;
$15,469,000 for fish, wildlife, and recreation, mitigation and
conservation. The conference recommendation provides $1,734,000
for program administration and oversight.
Bureau of Reclamation
WATER AND RELATED RESOURCES
An appropriation of $859,481,000 is provided by the
conferees for Water and Related Resources.
BUILDING AND SITE SECURITY
Security Costs and Allocations.--Following the attacks on
September 11, 2001, the Bureau of Reclamation strengthened
security at Federal dams and similar facilities and has
undertaken but not completed extensive risk assessments for
over 400 units throughout the West. Many of these are multi-
purpose facilities providing flood control, water storage for
contract irrigators, municipal and industrial water supplies,
power generation, recreation and environmental mitigation
benefits. The conference understands that beginning in fiscal
year 2005, Reclamation will no longer make a distinction
between pre-September 11, 2001, security costs and post-
September 11, 2001, security costs. The conference recognizes
that the security posture of Reclamation will likely not
approach pre-September 11, 2001, levels for many years, if
ever. The conference recognizes that project beneficiaries
benefit from this enhanced security. However, the conference
remains concerned about the reimbursability of increased
security costs for Reclamation projects. Therefore, Reclamation
shall provide a report to the conference, no later than, May 1,
2005, with a breakout of planned reimbursable and non-
reimbursable security costs by project, by region. The
conference directs the Commissioner not to begin the
reimbursement process until the Congress provides direct
instruction to do so.
Within the funds provided for the Central Valley Project,
Colorado Front Work and Levee System, AZ. The conference has
included additional funds to continue activities for water
management reservoirs to be constructed along the All American
Canal.
Central Valley Project.--A total of $7,500,000 has been
provided under various divisions of the Central Valley Project
in support of the California Bay-Delta Restoration. A
description of the activities for which funds have been added
follows.
Central Valley Project
ENVIRONMENTAL WATER ACCOUNT
Miscellaneous Project Programs.--$1,000,000 is provided
to acquire water and groundwater storage.
PLANNING AND MANAGEMENT ACTIVITIES
Delta Division Oversight.--$500,000 is provided to
continue coordination, administration, planning, performance
tracking and science activities in coordination with CALFED
Program Implementation Plan.
STORAGE
Delta Division.--$1,000,000 is provided for Reclamation
to continue participating in planning and study activities
associated with enlarging Los Vaqueros reservoir.
Sacramento River Division.--$1,000,000 is provided to
continue planning and study activities for Sites reservoir.
Shasta Division.--$1,000,000 is provided to continue
evaluating the potential impacts of the proposed Shasta raise.
CONVEYANCE
Delta Division.--$1,000,000 is provided for the Tracy
Test Fish facility.
Miscellaneous Project Programs.--$1,000,000 is provided
for the continuation of feasibility levels studies and
technical assistance to the State of California; $1,000,000 for
the Bureau for the administration of storage, conveyance, water
use efficiency, ecosystem restoration, science and water
transfer.
Central Valley Project, Friant Division, California.--The
conferees have provided an additional $1,000,000 for the Bureau
of Reclamation to continue the Upper San Joaquin River Basin
Storage investigation.
Middle Rio Grande Project, New Mexico.--The conferees are
pleased with the increased progress of on-the-ground activities
resulting from implementation of the Executive Committee of the
Endangered Species Collaborative program. Of the total
$6,150,000 provided for this effort, the Bureau of Reclamation
is to fund the following activities: $2,000,000 for habitat
restoration; $275,000 for water and minnow management
improvement; $2,000,000 for water acquisition; $500,000 for
science and monitoring; $750,000 for biological opinion
monitoring; and $625,000 for program management. Prior to
obligation of funds, the Bureau is to submit the funding levels
for each category, accompanied by a detailed spending plan, to
the House and Senate Appropriations Committees for approval.
The Bureau will also submit to theCommittees, concurrent with
the President's funding request to Congress, a detailed spending plan
for the 2006 fiscal year. The cost-share requirements for this program
remain 75 percent Federal/25 percent non-Federal. Within the funds
provided, the Bureau is directed to begin work on the models for the
Silvery Minnow sanctuary.
Middle Rio Grande Project, Middle Rio Grande Levees, New
Mexico.--The conference has provided an additional $5,000,000
for the continued repair of the Middle Rio Grande levees, on
which work began in fiscal year 2003.
San Juan River Basin Investigations Program, New
Mexico.--The conference has included additional funds for the
Commissioner to begin the evaluation and initial work regarding
the San Juan Chama, New Mexico, title transfer.
Oklahoma Investigations Project, Oklahoma.--The conferees
have provided additional funds for the Bureau of Reclamation to
continue studying ways to improve management of the Arbuckle-
Simpson aquifer.
Klamath Project, Oregon and California.--The conferees
recommend additional funds for the Klamath Project water bank
program. From within available funds, the conferees direct that
up to $1,000,000 be used for water quality multi-probe and flow
measurement instrumentation.
Mni Wiconi Project, South Dakota.--The conference
agreement provides $25,282,000 for this project. Within the
funds provided, up to $160,000 may be used to replace water
trucks for the Oglala Sioux Tribe. Reclamation and its tribal
partners are cautioned that these water trucks should only be
used for supplying water on a temporary short term critical
need basis to areas that are part of the authorized Mni Wiconi
project but are not yet served by the project. As more of the
project is completed, the conference expects this water hauling
operation to diminish. The Rosebud Sioux Rural Water System is
authorized to utilize funds provided for the operation and
maintenance of the Mni Wiconi Rural Water Project to contract
with the town of White River to deliver water to tribal members
located in White River, SD.
Washington State Investigations Program, Washington.--The
conference has included additional funds for studies of the
West Canal reach through Ephrata and for appraisal of the
Odessa Subaquifer.
Departmental Irrigation Drainage Program.--The conferees
have included additional funds for the Uncompahgre, Colorado
selenium project.
Drought Emergency Assistance Program.--The conferees have
provided additional funds for drought assistance and urge the
agency to provide full and fair consideration of the request
for drought assistance from the State of Hawaii. The conferees
are aware of the impacts of the significant drought which has
lasted several years in the West, and has provided $50,000 for
drought assistance in an effort to mitigate some effects of the
drought. Of the total funds provided, $250,000 is for Espanola,
New Mexico and $200,000 is for Chimayo, New Mexico.
Water 2025.--The dire drought the West is currently
experiencing, combined with an unprecedented number of water
users and endangered species and related requirements, make
water use efficiencies more critical than ever. The conference
has provided $19,500,000 for this initiative proposed by the
administration. The reduction does not reflect the conference's
strong support for this effort. The initiative is an effort to
enhance efficiency and performance in water and power delivery.
Ultimately, the conference believes that the initiative, if
successfully carried out, will result in enhanced efficiency in
the operation of Reclamation programs and projects. Of the
funds provided $2,000,000 is for the Desert Research Institute
to address water quality and environmental issues in ways that
will bring industry and regulators to mutually acceptable
answers. The conference believes that the water resource and
efficiency issues, combined with the drought and endangered
species listings, make the Rio Grande River in New Mexico the
embodiment of the Water 2025 initiative. Therefore, the
conference has included $1,750,000 to provide for continued
efficiency and water improvements related to the Middle Rio
Grande Conservancy district, including a system evaluation,
siphons, flow measurement gages, gates and the automation of
diversions.
In addition, the conference has included $1,000,000 for
work related to the Aamodt water rights settlement efforts.
The conference strongly encourages the Bureau to consider
providing funding to the Rural Water Technology Alliance to
implement low-cost remote sensing technologies and water
conservation technologies in the West. The conferees have also
provided additional funds for the Bureau of Reclamation to
continue its successful alliance with the International Center
for Water Resources Management at Central State University in
Ohio, the Ohio View Consortium, and Colorado State University,
for the development of advanced remote sensing technologies for
use in operational decisionmaking to deal with the current
drought conditions and with future constraining events. The
conferees are also aware of the serious water shortage issues
in Central Texas. There is significant potential to address
these issues if salinity problems in the Lake Whitney watershed
could be ameliorated. The Bureau is encouraged to work with
local and State officials as well as researchers at Baylor
University to address these problems.
Science and Technology, Desalination Research and
Development Program.--The conferees have provided additional
funds for desalination efforts for research and development of
new, advanced technologies to create new additional water
supplies using desalination and related technologies. The
Commissioner is directed to assess the potential use of
advanced water treatment technologies as a resource to create
new net water supplies and to evaluate project benefits,
economic values and environmental effects. Further, the
Commissioner should identify resource needs that can be met
through these technologies and inter-party transfers, and to
identify obstacles to be overcome (physical, financial,
institutional, and regulatory). In using the funds provided,
the Bureau shall pay particular attention to research and
development of shallow well pretreatment, brine disposal and
recycling, micro-filtration and ultra-filtration, and water
conditioning. Further, the conference continues to urge the
Bureau of Reclamation to place a higher priority on
desalination activities in future budgets given the importance
of sustainable water supplies to the West and to other regions
of the country. Of the funds provided, $3,500,000 is for the
continuation of the project in Tularosa, New Mexico. The
conference notes that, with regard to the Tularosa Basin
National Desalination Research Center, section 7 of the Water
Desalination Act of 1996 does not apply to the project because
it is a joint Federal effort.
The conference has also included $3,000,000 in additional
funding for the WateReuse Foundation. These funds shall be
available to support the Foundation's research priorities.
Wetlands Development.--The conferees have provided
$500,000 for the Bureau of Reclamation to continue work on the
East Wetlands Restoration project in Yuma, Arizona.
Title XVI, Water Reclamation and Reuse Program.--The
conference agreement provides $1,655,000 for the Title XVI
Water Reclamation and Reuse Program. Of this, $125,000 is
provided for the Bureau to work with the Mission Springs,
California, Water District to evaluate further the
possibilities of using recycled water for groundwater recharge
or other non-potable uses.
Water Management and Conservation Program.--Within the
funds provided, the conferees direct that $700,000 be used to
continue urban water conservation programs within the service
area of the Metropolitan Water District of Southern California
and $200,000 for the Bureau to continue a cost shared,
industrial recirculation water efficiency effort related to
recirculating water use by industries in Southern California to
conserve water.
CENTRAL VALLEY PROJECT RESTORATION FUND
The conference agreement provides $54,695,000 for the
Central Valley Project Restoration Fund.
POLICY AND ADMINISTRATION
The conference agreement provides $58,153,000 for general
administrative expenses. The conferees expect the Bureau of
Reclamation to continue to observe underfinancing guidance
provided in the fiscal year 2004 Energy and Water
Appropriations Act.
General Provisions--Department of the Interior
Sec. 201. The conference report includes language
regarding Kesterson Reservoir in California.
Sec. 202. The conference report includes language
regarding the purchase or lease of water in New Mexico.
Sec. 203. The conference report includes language
regarding the Lower Colorado River Basin Development.
Sec. 204. The conference report includes language
regarding Drought Emergency Assistance.
Sec. 205. The conference report includes language
regarding the San Juan Chama Project in New Mexico.
Sec. 206. The conference report includes language
regarding Water 2025.
Sec. 207. The conference report includes language
regarding the Animas La Plata project.
Sec. 208. The conference report includes language
regarding Montana water contract extensions.
TITLE III--DEPARTMENT OF ENERGY
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Department of
Energy. Additional items of conference agreement are discussed
below.
Congressional Direction
The conferees support the House language requiring the
Secretary to submit to the House and Senate Committees on
Appropriations, Subcommittee on Energy and Water Development, a
quarterly report on the status of all projects, reports, fund
transfers, and other actions directed in the House bill and
report for the Energy and Water Development Appropriations Act
for Fiscal Year 2005, and in this conference agreement.
Five-Year Budget Planning
The conferees agree with the House language regarding
five-year budget planning.
Non-NNSA Work at NNSA Facilities
Within 90 days of enactment, the conferees direct the
Secretary, working with the Administrator of the National
Nuclear Security Administration (NNSA), to put in place written
procedures for work taskings originating from non-NNSA program
offices in DOE to NNSA laboratories that are consistent with
the constraints of Section 3213 of Public Law 106-65, as
subsequently modified by Section 3157 of Public Law 106-398,
and follow the chain of command (i.e., through the Secretary of
Energy and the Administrator of the NNSA to the NNSA field
elements) that is clearly specified in those statutes.
Laboratory Directed Research and Development (LDRD)
The conferees recognize the value of conducting
discretionary research at DOE's national laboratories. Such
research provides valuable benefits to the Department and to
other Federal agencies, and is useful for attracting and
retaining scientific talent.
However, the conferees continue to have serious
reservations about the financial execution of this program,
specifically with how the Department's laboratories levy the
LDRD ``tax'' on work being performed for other agencies (Work
for Others). The conferees agree with the concerns detailed in
the House report dealing with LDRD and work for others.
Beginning with the enactment of this appropriation, DOE shall
not advance funds for LDRD based upon work for others, but only
provide the LDRD funds to the labs once the Department has
received the fund transfers from other agencies to pay for the
work.
Reprogramming Guidelines
The conferees require the Department to inform the House
and Senate Committees on Appropriations promptly and fully when
a change in program execution or funding is required during the
fiscal year. A reprogramming includes the reallocation of funds
from one activity to another within an appropriation, or any
significant departure from a program, project, or activity
described in the agency's budget justification as presented to
and approved by Congress. For construction projects, a
reprogramming constitutes the reallocation of funds from one
construction project identified in the justifications to
another project or a significant change in the scope of an
approved project.
A reprogramming should be made only when an unforeseen
situation arises, and then only if delay of the project or the
activity until the next appropriations year would result in a
detrimental impact to an agency program or priority. The
Department should not submit reprogrammings in the fourth
quarter of the fiscal year unless necessitated by an
unforeseeable change in external circumstances. Reprogrammings
may also be considered if the Department can show that
significant cost savings can accrue by increasing funding for
an activity. Mere convenience or desire should not be factors
for consideration.
Reprogrammings should not be employed to initiate new
programs or to change program, project, or activity allocations
specifically denied, limited, or increased by Congress in the
Act or report. In cases where unforeseen events or conditions
are deemed to require such changes, proposals shall be
submitted in advance to the Committees and be fully explained
and justified.
The conferees have not provided statutory language to
define the reprogramming guidelines, but do expect the
Department to follow the spirit and the letter of the guidance
provided in this report. The Committees have not provided the
Department with any internal reprogramming flexibility in
fiscal year 2005, unless specifically identified in the House
or conference reports. Any reallocation of new or prior year
budget authority or prior year deobligations must be submitted
to the Committees in writing and may not be implemented prior
to approval by the Committees on Appropriations.
Reductions Necessary To Accommodate Specific Program Directions
The Department is directed to provide a report to the
House and Senate Committees on Appropriations by March 30,
2005, on the actual application of any general reductions of
funding or applications of prior year balances contained in
this conference agreement. Such reductions are to be applied
proportionately against each program, project, or activity. If
necessary, the Department must submit a reprogramming to
reallocate funds if the proportional reduction unduly impacts a
specific program, project, or activity.
Small Business Procurements
The conferees are concerned that the Department of
Energy's current efforts at breaking out procurement
requirements for small business contracts do not represent a
systematic approach for consideration of small business
statutory goals together with other legitimate acquisition
objectives. The conference report includes statutory language
(General Provisions 312 and 313) requiring the Department to
undertake such a systematic approach by utilizing the
appropriate consultative process set forth in the Federal
Acquisition Regulation.
Energy Supply
The conference agreement provides $946,272,000 for Energy
Supply.
RENEWABLE ENERGY RESOURCES
The conference agreement provides $389,063,000 for
renewable energy resources. As in fiscal year 2004, funds for
renewable energy resources shall remain available until
expended. The conferees provide $5,000,000 for the National
Center on Energy Management and Building Technologies and
direct that this project shall be subject to the cost sharing
requirements of a research project rather than a demonstration
project.
Biomass/biofuels.--The conference agreement includes
$82,147,000 for biomass and biorefinery systems research and
development. The conference agreement includes $500,000 for the
Oxydiesel demonstration program in California and Nevada;
$500,000 for a biorefinery at the Louisiana State University
Agricultural Center; $500,000 for the ThermoEnergy research
project at the University of Nevada-Reno; $500,000 for the
Vermont Biomass Energy Center; $500,000 for the Vermont
Biofuels Initiative; $500,000 for the National Ag-Based
Industrial Lubricants Center at the University of Northern
Iowa; $500,000 for the Chariton Valley Biomass Project;
$250,000 for the Eastern Nevada Landscape Coalition for biomass
restoration and science-based restoration; $250,000 for the
City of Wells, Nevada, Recycling for Energy Conservation
Project; $1,000,000 for the Center for Biomass Utilization at
the University of North Dakota; $500,000 for the Livingston
Parish Alternative Fuel Plant Construction; $3,000,000 for the
Consortium for Plant Biotechnology Research (CPBR); $200,000
for the Alaska Wood Biomass project; $3,000,000 for the
Mississippi Technology Alliance Alternative Energy Enterprise
Program; $1,500,000 for the Mississippi State University
Biodiesel from Feedstocks project; $2,000,000 for the Kentucky
Rural Energy Supply program; $1,500,000 to the South-Eastern
and North-Central Regional Sun Grant Centers for purposes as
authorized in H.R. 2673, the Consolidated Appropriations Act,
2004, which amended Title IX of the Farm Security and Rural
Investment Act of 2002, for research, extension, and
educational programs on biobased energy technologies and
products; $500,000 for the Purdue-Midwest Consortium for
Sustainable Biofuels; $1,000,000 for the Texas A&M Renewable
Energy from Animal Biowaste project; $1,500,000 for the
Biotech-to-Ethanol Project; $2,000,000 for the National Biofuel
Energy Laboratory; $1,000,000 for the Research Triangle Biomass
project in North Carolina; $2,000,000 for sugar-based ethanol
biorefinery at Louisiana State University; $200,000 for the
SUNY-Morrisville anaerobic digester project; $3,000,000 through
NREL for demonstration for a small-scale biomass system
(BioMax); $1,000,000 for research on anaerobic digestion by the
Ohio Agricultural Research Development Center in cooperation
with the City of Wooster. The conference agreement provides
$500,000 for alternative fuel source study in Alabama,
$1,500,000 is provided for a biorefinery and hydrogen fuel cell
research in Georgia.
The conferees believe that the Regional Biomass Energy
Program (RBEP) has been a successful partnership and provide
$4,000,000 for product development and State and Regional
partnership activities.
Geothermal.--The conference agreement includes
$25,800,000 for geothermal activities, the same as the budget
request. Geopowering the West is funded at current year levels.
The Department is directed to maintain funding for university
research at the fiscal year 2004 funding level. The conference
agreement includes $500,000 for the Full Circle Project in Lake
County, California; $1,000,000 for geothermal research at the
University of Nevada-Reno; $500,000 for the Tuscarora
Geothermal Project; $300,000 for the Klamath and Lake Counties
Geothermal-Agricultural Industrial Park in Oregon; $750,000 for
the Geothermal Mill Redevelopment project in Massachusetts; and
$196,000 for the University of Texas Permian Basin Center for
Energy and Economic Diversification for geothermal research.
Hydrogen.--The conference agreement includes $95,325,000
for hydrogen activities. No funds are provided for the proposed
effort on hydrogen education as these efforts are premature.
The conference agreement includes $2,000,000 for the Fuel Cell
Mine Loader and Prototype Locomotive; $1,000,000 for the Hawaii
Hydrogen Center for Development and Deployment of Distributed
Energy Systems; $5,000,000 for the University of Nevada-Las
Vegas renewable hydrogen fueling station system; $3,000,000 for
the University of Nevada-Las Vegas for hydrogen storage and
fuel cells; $100,000 for the Zero Emission Bus Demonstration
Program Evaluation; $1,000,000 for the hydrogen fuel cell
project for the Regional Transportation Commission of Washoe
County, Nevada; $1,100,000 for the Ohio Distributed Hydrogen
Project; $2,000,000 for the Hydrogen Regional Infrastructure
Program; $2,000,000 for the University of South Carolina Clean
Energy Research program; $1,000,000 for the University of
Toledo/Bowling Green Fuel Cell Research project; $5,000,000 for
the California Hydrogen Infrastructure Project, including
$1,000,000 for validation efforts within the Lake Tahoe basin;
$500,000 for Startech plasma conversion technology; $3,000,000
for fuel cell research at the University of South Florida;
$3,000,000 for the Edison Materials Technology Center to
develop improved materials to support the hydrogen economy; and
$2,000,000 for the Florida Hydrogen Initiative; $5,000,000
should be used to support a competitive solicitation for solid
oxide fuel cell research under a cost-shared program to look at
the application of solid oxide electrochemical technology for
co-production of hydrogen and electricity and also for storage
of electricity through closed and open system regenerative fuel
cells.
The conferees strongly support the FreedomCar and
Hydrogen Fuel initiatives.
Hydropower.--The conference agreement provides $5,000,000
for hydropower.As directed previously, the Department should
focus its efforts on completing a limited program of testing and
demonstration of new turbine technologies and then transfer these
technologies to other Federal agencies and private sector firms for
deployment. The proposed increase for advanced hydropower technology
should be funded by the agencies that own and operate the Federal
hydropower facilities, not by the Department of Energy.
Solar Energy.--The conference agreement includes
$86,533,000 for solar energy programs. As in prior fiscal
years, the conferees have combined the concentrating solar
power, photovoltaic energy systems, and solar building
technology subprograms into a single program for solar energy,
with the control level at the solar energy program account
level. The Southeast and Southwest photovoltaic stations are to
be funded at current year levels and the conferees direct the
Department to continue to support the public-private Million
Solar Roofs program. The conferees include $6,000,000 from
within available funds for concentrating solar power. The
conference agreement includes $200,000 for Photovoltaic panels
for the Mark Twain House and Museum; $750,000 for the Solar
Technology Center at the University of Nevada-Las Vegas;
$1,500,000 for Photonics Research and Development at the
University of Nevada-Las Vegas; $4,500,000 for the evaluation
of solar-powered thermo-chemical production of hydrogen for the
University of Nevada-Las Vegas; $400,000 for the University of
Louisville Sustainable Buildings project; $1,500,000 for the
Conductive Coatings for Solar Cells project; and $250,000 for
the Town of Yucca Valley solar energy project (CA).
Wind.--The conference agreement includes $41,600,000 for
wind programs. The conference agreement includes $500,000 for
the North Dakota Hydrogen Wind Pilot Project; $500,000 for the
Great Plains Wind Energy Transmission Development Project;
$1,500,000 for the Alaska Wind Energy project; $500,000 for the
Renewable Energy for Rural Economic Development Program, Utah
State University (UT); $500,000 for the Iowa Lakes Community
College wind turbine project; and $525,000 for the St. Francis
University (PA) wind farm project.
Intergovernmental Activities.--The conference agreement
includes $17,000,000 for renewable support and implementation.
This amount includes $6,500,000 for the international renewable
energy program, including $2,000,000 for the International
Utility Electricity Partnership (IUEP), $5,500,000 for tribal
energy, and $5,000,000 for the Renewable Energy Production
Incentive (REPI). The conference agreement includes $1,000,000
for the Pyramid Lake Paiute Tribe Renewable Energy Park;
$1,000,000 for the Council of Renewable Energy Resource Tribes
(CERT); and $600,000 for the Clean Energy Technology Exports
(CETE) initiative. The funds for CETE are provided to the
Office of International Energy Market Development in the
Department of Energy to carry out a program in support of the
multi-Agency Clean Energy Technology Exports Initiative.
Renewable Support and Implementation.--The conference
agreement provides $4,967,000, including $1,967,000 for
departmental energy management and $3,000,000 to continue the
efforts of the National Renewable Energy Laboratory (NREL) to
develop renewable energy resources uniquely suited to the
Southwestern United States through its virtual site office in
Nevada.
National Climate Change Technology Initiative.--The
conferees provide no funds for this initiative.
Facilities and Infrastructure.--The conference agreement
provides the requested amount of $4,800,000 for the National
Renewable Energy Laboratory (NREL) and includes an additional
$6,680,000 for construction of the new Science and Technology
facility at NREL (project 02-E-001).
Program Direction.--The conference agreement includes
$19,211,000 for program direction.
ELECTRICITY TRANSMISSION AND DISTRIBUTION
The conference agreement provides $121,155,000 for
Electricity Transmission and Distribution. The conference
agreement includes $5,000,000 to accelerate the operation of
the national SCADA testbed at the Idaho National Laboratory.
The conferees provide $5,500,000 for the GridWorks initiative
and $6,500,000 for the GridWise initiative, which includes an
additional $1,500,000 in GridWise for the Northwest Regional
Demonstration project. The conference agreement includes:
$750,000 for the Electric Utility Transmission and Distribution
Line Engineering Project; $325,000 for the Pacific Northwest
Bi-National Regional Energy Planning Initiative (AK);
$3,000,000 for the Western Environmental Technology Office;
$2,000,000 for the University of Missouri at Rolla electric
transmission program; $1,000,000 for the Smart Energy
Management Control Systems project in Alabama; $1,500,000 for
the Northwest Indiana Electric Infrastructure project;
$1,500,000 for the University of Notre Dame for research on
ionic fluids for power distribution; $1,500,000 for the Center
for Grid Modernization (PA); $1,000,000 for the Large Scale
Energy Center in Michigan; $750,000 for research on advanced
ceramic engines and materials for energy applications;
$1,000,000 for the National Center for Reliable Electric Power
Transmission to develop high power silicon-carbide based power
electronics systems (AR); $2,000,000 to continue development of
the bi-polar Ni-Mh wafer cell battery storage system;
$1,500,000 for the Iowa Stored Energy Plant using an
underground aquifer; $2,000,000 for research, development, and
demonstration of advanced thermal energy storage technology
integrated with renewable thermal energy technology; $5,000,000
for a Florida state-wide university research initiative on
electric power infrastructure and security; $3,000,000 for
research into lead carbon acid asymmetric supercapacitors; and
$400,000 for Dine Power in New Mexico. The conference agreement
provides $500,000 for alternative fuel source study in Alabama.
The conference agreement includes $10,500,000 for the
National Energy Technology Laboratory (NETL) for energy
assurance technology and electric grid modeling activities,
including $3,000,000 for program direction, travel, and other
related direct and indirect expenses. An additional $5,000,000
shall be for NETL to continue the planning, design, and
construction of an energy information training facility at Camp
Dawson. An additional $4,000,000 shall be available to continue
physical improvements at the facility.
The conferees agree that the Office of Energy Assurance
should be closed and that the functions of that office should
be merged with the functions of the Office of Electricity
Transmission and Distribution.
NUCLEAR ENERGY
The conference agreement provides a total of $513,271,000
for Nuclear Energy. The Office of Nuclear Energy, Science and
Technology is the lead office with landlord responsibilities
for the Idaho site. Because this site provides considerable
support to defense activities and naval nuclear reactors,
$114,347,000 of costs are allocated to other defense activities
and $10,000,000 is allocated to Naval Reactors. Both programs
are in the 050 budget function.
The conferees commend the State of South Carolina for
recently creating one of the first new graduate nuclear
engineering programs in the last 20 years. The conferees
provide $1,500,000 from available funds to support this effort.
The conferees also support the efforts of the University of
Nevada-Las Vegas to launch a graduate nuclear engineering
program and instruct the Department to support this worthy
effort.
University reactor fuel assistance and support.--The
conference agreement includes $24,000,000.
Research and development.--The conference agreement
provides $172,000,000 for nuclear energy research and
development activities. The conference agreement includes
$2,500,000 for nuclear energy plant optimization (NEPO) to
address the effects of aging on material in nuclear plants,
$2,500,000 for the nuclear energy research initiative (NERI),
$50,000,000 for Nuclear Power 2010, $40,000,000 for the
Generation IV nuclear energy systems initiative, $9,000,000 for
the nuclear hydrogen initiative, and $68,000,000 for the
Advanced Fuel Cycle Initiative (AFCI). These NERI funds are in
addition to funds included in the request for other nuclear
research and development items.
For Nuclear Power 2010, the conferees direct the
Department to focus the resources on the demonstration of the
regulatory licensing processes of 10 CFR Part 52 for early site
permits, design certifications, and combined construction and
operating licenses. This is to be cost-shared with industrial
and governmental entities.
Within the funding for Generation IV, the conferees
direct that $25,000,000 be used for the Next Generation Nuclear
Plant (NGNP) project. The conferees expect the Department to
submit a budget in fiscal year 2006 that is consistent with the
goal of demonstrating hydrogen production and electricity
generation by 2015 at the Idaho National Laboratory.
Within the Nuclear Hydrogen Initiative, the conferees
provide $4,000,000 to the UNLV Research Foundation to continue
research and development of high temperature heat exchangers
and chemical processing equipment to permit demonstration of
nuclear-powered production of hydrogen from water.
Within the Advanced Fuel Cycle Initiative, the conferees
direct $7,000,000 to the UNLV Research Foundation for continued
research; of this amount, $3,000,000 is provided for
collaborative studies of ``deep burn'' fuel cycles in advanced
nuclear reactor designs. Also within available funds,
$3,000,000 is provided for the Idaho Accelerator Center and
$7,000,000 is provided to develop a Nuclear Energy Materials
Test Station at the Los Alamos Neutron Science Center to
advance the technology needed to support the materials and fuel
experiments required by the Advanced Fuel Cycle and for the
exploration of Generation IV fast neutron spectrum systems.
Radiological Facilities Management.--The Office of
Nuclear Energy, Science and Technology operates a variety of
facilities and equipment to support the needs of space,
defense, and medical customers who obtain radiological
materials from the Department of Energy on a reimbursable
basis. The conference agreement provides $69,110,000 for this
work.
Space and defense power systems infrastructure.--The
conference agreement includes $33,800,000 to maintain the
infrastructure necessary to support future national security
needs and National Aeronautics and Space Administration
missions.
Medical isotopes infrastructure.--The conference
agreement includes $21,194,000 for the medical isotope program
and $13,616,000 for construction of facility modifications for
U-233 disposition at Oak Ridge National Laboratory.
Idaho Facilities Management.--The conference agreement
provides $121,527,000 for Idaho National Laboratory operations
and infrastructure. This funding covers activities previously
funded separately in budget lines for ANL-West and INEEL. The
conference agreement provides the requested amount of
$1,523,000 for project 99-E-200, at the Test Reactor Area.
Within available funds, $10,000,000 is provided for capital
improvements and operational upgrades to the Advanced Test
Reactor. Of these funds, $8,000,000 is designated for capital
improvements, including the ATR Gas Loop and $2,000,000 is
provided for operational systems and upgrades. The conferees
provide $5,000,000 for critical infrastructure upgrades at
Argonne National Laboratory-West.
Idaho Sitewide Safeguards and Security.--The conference
agreement provides $58,103,000 for Idaho sitewide safeguards
and security.
Spent Nuclear Fuel Management.--The conferees direct the
Office of Nuclear Energy, Science and Technology to assume the
responsibilities that were proposed for transfer to the Office
of Civilian Radioactive Waste Management. The conference
recommendation provides the requested amount of funding,
$6,723,000. Within available funds, $1,500,000 is provided to
inspect and repackage the spent fuel stored at the Lynchburg
Technology Center in Virginia.
Program direction.--The conference agreement includes
$60,285,000 for program direction.
ENVIRONMENT, SAFETY, AND HEALTH (NON-DEFENSE)
The conference agreement provides $28,000,000 for non-
defense environment, safety and health activities, which
includes $20,000,000 for program direction. The conference
agreement includes the transfer of $700,000 to the Occupational
Health and Safety Administration (OSHA) for the costs of OSHA
regulation of worker health and safety at DOE's non-nuclear
facilities not covered under the Atomic Energy Act.
OFFICE OF LEGACY MANAGEMENT (NON-DEFENSE)
The conference agreement provides $31,130,000 for the
Office of Legacy Management, the same as the budget request.
NON-DEFENSE SITE ACCELERATION COMPLETION
The conference agreement provides $151,850,000 for Non-
Defense Site Acceleration.
2006 Accelerated Completions.--The conference agreement
provides $45,435,000, the same as the budget request.
2012 Accelerated Completions.--The conference agreement
provides $98,191,000, the same as the budget request.
2035 Accelerated Completions.--The conference agreement
provides $8,224,000 for 2035 Accelerated Completions. The
Conferees' recommendation includes the requested $7,773,000 to
accelerate remediation of the former Atlas Mill Site in Moab,
Utah.
NON-DEFENSE ENVIRONMENTAL SERVICES
The conference agreement provides $291,296,000 for non-
defense environmental services.
Community and regulatory support.--The conference
agreement provides $90,000, the same as the budget request.
Environmental cleanup projects.--The conference agreement
provides $46,083,000, the same as the budget request.
Non-closure environmental activities.--The conference
agreement provides $245,123,000, the same as the budget
request. The conferees provide $100,000,000 for the Depleted
Uranium Hexafluoride Conversion Project, Paducah, Kentucky and
Portsmouth, Ohio (project 02-U-101), including an additional
$7,400,000 to ensure that conversion and disposition of the
accumulated DUF6 is carried out as soon as is safely possible.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND
The conference agreement provides $499,007,000 for
activities funded from the Uranium Enrichment Decontamination
and Decommissioning Fund.
The Conferees' recommendation provides a total of
$112,178,000 for activities related to the Paducah Gaseous
Diffusion Plant. The Conferees provide $19,421,000 in
additional funds to accelerate characterization and disposal of
legacy waste stored at the plant, including 50,000 tons of
scrap metal and 41,000 drums of low-level waste at the Paducah
Gaseous Diffusion Plant. The conferees provide $80,000,000 for
uranium and thorium reimbursements.
The Conferees reiterate the fiscal year 2004 conference
guidance regarding the barter arrangement.
Science
The Science account funds the Department's work on high
energy physics, nuclear physics, biological and environmental
sciences, basic energy sciences, advanced scientific computing,
maintenance of the laboratories' physical infrastructure,
fusion energy sciences, safeguards and security, science
workforce development, and science program direction. The
conference agreement provides $3,628,902,000. The conferees
encourage the Department to request sufficient funds for the
Office of Science in fiscal year 2006 to operate user
facilities for as much time as possible, to enhance user
support, and to upgrade essential equipment at the Department's
Science user facilities.
The conferees reiterate their support for broader
participation by universities in DOE's research programs,
including existing user facilities and potential new user
facilities. The conferees are aware of the Office of Science's
strategy for future facilities. Where existing facilities
provide capabilities critical to a new user facility, co-
location is appropriate; where this is not the case, the
location of new user facilities should be openly competed.
Regardless of location, broad participation in design by staff
from national laboratories, user faculty from colleges,
universities, and industrial investigators and groups should be
sought. All of these user groups must have access to these
capabilities on a competitive basis.
High energy physics.--The conference agreement provides
$741,629,000 for high energy physics research. The control
level is at the High Energy Physics level. The conferees
encourage the Department to proceed with the Dark Energy
Mission even if the primary science of the mission and mission
development must be pursued by the Department so as to avoid
schedule delays resulting from implementing the mission jointly
with NASA. International cooperation and appropriate launch
arrangements should be pursued where appropriate. The conferees
recognize that an excellent and energized science team has been
assembled for this exciting mission. Within available funds,
the conferees redirect $5,000,000 from the Science Laboratories
Infrastrucuture construction funds at the Stanford Linear
Accelerator Center MEL-001 Subproject 36 to the High Energy
Physics account for the research program at SLAC.
Nuclear physics.--The conference agreement provides
$408,040,000 for nuclear physics. An additional $5,000,000 is
provided to continue research and development and initiate
concept design activities for the Rare Isotope Accelerator, and
an additional $7,000,000 is provided to increase utilization of
the user facilities in the Nuclear Physics program.
Biological and environmental research.--The conference
agreement includes $576,590,000 for biological and
environmental research. The conference agreement provides an
additional $10,000,000 to initiate Project Engineering and
Design for the proposed new facility for the production and
characterization of proteins and molecular tags. The Conferees
do not agree with the Department's strategy of restricting
competition for such a facility to only the DOE national
laboratories. The Department should present in the fiscal year
2006 budget request an alternate procurement strategy for this
and future Genomes to Life (GTL) facilities that will maximize
rather than limit competition and will allow universities and
other entities to compete with DOE national laboratories for
these new GTL facilities. The Department is encouraged to
consult with NASA, which for decades has conducted competitions
for the development of research instrumentation among
universities, NASA, DOE, and other government laboratories, and
other entities including for-profit corporations.
The conference agreement includes $2,000,000 for a
science building at Waubonsee Community College in Illinois;
$1,000,000 for digital playback hardware and software for
recording for the blind and dyslexic; $600,000 for All
Children's Hospital in Florida; $300,000 for Eckerd College in
Florida; $2,000,000 for Applied Research and Technology Park
electrical and communication infrastructure improvements in
Springfield, Ohio; $250,000 for a Multiple Sclerosis,
Alzheimer's, Parkinson's, Lou Gehrig's Imaging System at the
Cleveland Clinic in Ohio; $125,000 for Duchenne Muscular
Dystrophy research-related equipment at Children's National
Medical Center in the District of Columbia; $125,000 for
Duchenne Muscular Dystrophy research-related equipment at the
University of Washington-Seattle; $500,000 for the Northeast
Regional Cancer Center in Scranton, Pennsylvania; $250,000 for
Ohio State University for environmental research in cooperation
with Earth University; $125,000 for the University of Akron,
Ohio, Polymer Center; $125,000 for the Ohio Northern
University, Ada, Ohio, Science and Pharmacy Building; $250,000
for the Alabama A&M University; $600,000 for University of
Texas at Arlington optical medical imaging equipment;
$1,000,000 for the Missouri Alternative and Renewable Energy
Technology Center, Crowder College; $600,000 for the San
Antonio, Texas, Cancer Research and Therapy Center; $250,000
for the University of South Alabama Cancer Center; $1,250,000
for the Virginia Commonwealth University Massey Cancer Center;
$250,000 for the Saint Francis Hospital, Delaware, Cardiac
Catheterization Lab; $450,000 for the Jacksonville University
Environmental Science Center; $600,000 for the Houston, Texas,
Alliance for Nanohealth; $250,000 for the Virginia Science
Museum; $1,000,000 for the Polly Ryon Memorial Hospital, Texas;
$250,000 for the St. Thomas University Minority Science Center,
Miami, Florida; $500,000 for Project Intellicare, Roseville,
California; $250,000 for the Virginia Polytechnic Institute
Center for High-Performance Learning Environment; $500,000 for
Georgia State University; $700,000 for the Michigan Research
Institute for life science research; $700,000 for the
University of Arizona Environment and Natural Resources Phase
II Facility; $250,000 for the Children's Hospital of Illinois
ambulatory care project; $700,000 for the Loma Linda
University, California, Medical Center synchrotron expansion;
$250,000 for the University of Dubuque, Iowa, Environmental
Science Center; $250,000 for the Ball State University,
Indiana, Bioenergetics Research Initiative; $600,000 for the
Clearfield Area School District, Pennsylvania, Energy
Initiative; $500,000 for Digital Cardiology equipment at
Children's Hospital and Research Center, Oakland, California;
$750,000 for the National Childhood Cancer Foundation; $250,000
for the Roswell Park Cancer Institute, New York, Center for
Genetics and Pharmacology; $250,000 for Bucknell University,
Pennsylvania, Materials Science Laboratory; $1,000,000 for the
Science Center at Mystic Seaport, Connecticut; $250,000 for the
Saratoga Hospital, New York, radiation therapy center; $600,000
for the San Joaquin Community Hospital, Bakersfield,
California; $700,000 for the Syracuse University, New York,
Environmental Systems Center; $600,000 for the University of
Tennessee Sim Center; and $250,000 for the St. Mary's Hospital,
Kankakee, Illinois.
The conference agreement includes $575,000 for the Derby
Center for Science and Mathematics at Lyon College in Arkansas;
$1,000,000 for the Rush Presbyterian St. Luke's Medical Center
in Illinois; $1,000,000 for Medical Research and Robotics at
the University of Southern California; $750,000 for the
Advanced Building Efficiency Testbed at Carnegie Mellon
University; $1,000,000 for DePaul University Biological
Sciences; $500,000 for the Philadelphia Educational Advancement
Alliance; $750,000 for Northwestern University Institute of
Bioengineering and Nanoscience in Medicine; $500,000 for the
Rensselaer Polytechnical Institute Center for Bioscience;
$750,000 for St. Peter's Biotechnical Research in New Jersey;
$160,000 for the Berkshire Environmental Center in
Massachusetts; $500,000 for the Center for the Environment at
the University of Massachusetts; $1,000,000 for technical
upgrades at St. Joseph Hospital in Arizona; $515,000 for the
Center for Science at the University of San Francisco in
California; $1,000,000 for Augsburg College in Minnesota;
$1,000,000 for the Bronx Community Center for Sustainable
Energy; $500,000 for Marquette General Hospital in Marquette,
Michigan; $1,500,000 for the Illinois-Indiana Super-Grid
Program connecting Argonne National Laboratory and Purdue and
Notre Dame Universities; $1,000,000 for the Purdue Calumet
Water Environmental Institute; $1,000,000 for the Multi-
Discipline Engineering Institute at Notre Dame in Indiana; and
$1,000,000 for the Energy Efficiency Project at Valparaiso
University in Indiana.
The conference agreement provides $11,000,000 for the
Mental Illness and Neuroscience Discovery Institute in New
Mexico; $1,800,000 for Military Spirit in New Mexico;
$2,000,000 for the Academic Center Sustainable Design Project
at St. Francis College, New York; $3,000,000 for the University
of Louisville Pediatric Clinical Proteomic Center; $2,000,000
for the University of Louisville Institute for Advanced
Materials; $2,000,000 for the Advanced Bioreactor located in
Butte, Montana; $1,200,000 to expand the Center for Integrated
and Applied Environmental Toxicology at the University of
Southern Maine; $500,000 for the University of Tennessee Cancer
Institute; and $500,000 for St. Jude Children's Research
Hospital in Tennessee.
The conference agreement includes $250,000 for the
Huntsman Cancer Institute; $500,000 for the Mega-Voltage Cargo
Imaging Development Applications for the Nevada Test Site;
$500,000 for the California Hospital Medical Center PET/CT
Fusion Imaging System; $500,000 for the Luci Curci Cancer
Center Linear Accelerator; $500,000 for Project Intellicare in
California; $750,000 for the University Medical Center in Las
Vegas, Nevada; $500,000 for the Southern California Water
Education Center;$500,000 for Live Cell Molecular Imaging
System at the University of Connecticut; $500,000 for the St. Francis
Hospital Wilmington, Delaware, MRI and Cardiac Catherization
Laboratory; $500,000 for the University of Delaware for the Delaware
Biology Institute; $500,000 for the University of Nevada-Las Vegas
School of Public Health; $250,000 for the Latino Development and
Technology Center; $250,000 for the Swedish American Health Systems;
$250,000 for DePaul University Chemistry Lab Renovation Project;
$250,000 for the Edward Hospital Cancer Center; $500,000 for the Mary
Bird Perkins Cancer Center; $500,000 for the Morgan State University
Center for Environmental Toxicology; $500,000 for the Suburban Hospital
in Montgomery County, Maryland; $500,000 for the University of
Massachusetts at Boston Multidisciplinary Research Facility and
Library; $500,000 for the Martha's Vineyard Hospital; $750,000 for the
Nevada Cancer Institute; $500,000 for the Mercy Hospital Grayling,
Michigan Rural Healthcare Advancement Initiative; $750,000 for the
Health Sciences Complex at Creighton University; $500,000 for the
Hackensack University Medical Center Women and Children's Pavilion;
$500,000 for the Kennedy Health System Linear Accelerator; $750,000 for
the University of Buffalo Center of Excellence in Bioinformatics;
$500,000 for the Hospital for Special Surgery National Center for
Musculoskeletal Research; $500,000 for the New University in New York
City; $500,000 for the Radiochemistry research facility at the
University of Nevada-Las Vegas; $250,000 for the Hauptman-Woodward
Medical Research Institute; $1,000,000 for the Vermont Institute of
Natural Science; and $750,000 for the Tahoe Center for Environmental
Services.
Molecular Medicine.--The conferees continue to support
research that brings together PET imaging, systems biology and
nanotechnology to develop new molecular imaging probes. These
probes should provide a biological diagnosis of disease that it
informative of the molecular basis of disease and specific for
guiding the development of new molecular therapies.
The conferees are concerned about consequence mitigation
activities and public health impacts associated with the threat
of any radiological event and strongly encourage the Department
to develop therapeutic radiological countermeasures to protect
against exposure to the effects of ionizing radiation. The
conferees are aware of the potential of inositol radiation and
encourages the Department to support research of this emerging
technology. The conferees recommend that the Department fund
medical therapy research and other treatment options to protect
the public health against radiation exposure.
The conferees strongly support the Department's efforts
to maintain the scientific infrastructure of the Nation's
structural biology assets, and encourage the Department to work
to address the needs within the broader community. The
Department should continue to work constructively with the non-
profit entity operating the X4A and X4C beamlines to fund
state-of-the-art detectors, goniometers, and automated sample
changing equipment, using available funds.
Basic Energy Sciences.--The conference agreement includes
$1,113,530,000 for Basic Energy Sciences. The conference
agreement includes $628,228,000 for materials sciences and
engineering research, and $253,422,000 for chemical sciences,
geosciences, and energy biosciences. For purposes of
reprogramming during fiscal year 2005, the Department may
allocate funding among all operating accounts within Basic
Energy Sciences. The conference agreement also provides the
request of $7,673,000 for the Experimental Program to Stimulate
Competitive Research (EPSCoR).
Advanced scientific computing research.--The conference
agreement includes $234,340,000 for advanced scientific
computing research (ASCR), an increase of $30,000,000 over the
budget request, with not more than $25,000,000 devoted to
hardware. The conferees support the House Report language on
ASCR.
Science laboratories infrastructure.--The conference
agreement provides $42,336,000 for science laboratories
infrastructure, including an additional $5,000,000 to correct
safety deficiencies at Science laboratories, and $6,100,000
additional for excess facilities disposal.
The conference agreement provides the requested amounts
of $1,766,000 for infrastructure support, $5,079,000 for Oak
Ridge landlord costs, and $24,391,000 for construction of
various infrastructure projects (MEL-001). Of this increase,
$5,000,000 additional is provided to continue infrastructure
subproject 18 under MEL-001 to support continuing activities at
the Pacific Northwest National Laboratory to replace the
infrastructure being displaced by the closure of the 300 Area
at the Hanford site.
Fusion energy sciences.--The conference agreement
includes $276,110,000 for fusion energy sciences, an increase
of $12,000,000 over the budget request. The additional
$12,000,000 is to be used to increase the utilization of
existing large and small experiments; further work in inertial
fusion technology; take advantage of opportunities in High
Energy Density Physics, including research on fast ignition,
and large-scale scientific computing; and provide for cost-
effective construction and development of the National Compact
Stellarator Experiment. The conference notes the delay in site
selection for the International Thermonuclear Experimental
Reactor (ITER) and directs the Department to reduce its planned
expenditures on ITER in fiscal year 2005 in consideration of
this delay.
Safeguards and security.--The conference agreement
includes $73,315,000 for safeguards and security activities at
laboratories and facilities managed by the Office of Science.
Science workforce development.--The conference agreement
provides the requested amount of $7,660,000 for science
workforce development. The conferees encourage the Department
to provide funds and technical expertise for high school
students to participate in the For Inspiration and Recognition
of Science and Technology (FIRST) robotics competition.
Science program direction.--The conference agreement
includes $155,268,000 for science program direction. This
amount includes $89,341,000 for field offices and $65,927,000
for headquarters. The control level for fiscal year 2005 is at
the program account level of Science Program Direction.
Funding adjustments.--The conference agreement includes
an offset of $5,605,000 for the safeguards and security charge
for reimbursable work, as proposed in the budget request. The
conference agreement also includes the use of $5,062,000 of
prior year balances.
Nuclear Waste Disposal
The conference agreement provides $346,000,000 for
Nuclear Waste Disposal. When combined with the $231,000,000
appropriated from the Defense Nuclear Waste Disposal account, a
total of $577,000,000 will be available for program activities
in fiscal year 2005. The conferees have provided $2,000,000 for
the State of Nevada and $8,000,000 for the Affected Units of
Local Government (AULG) for project oversight.
Departmental Administration
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $332,866,000 for
Departmental Administration expenses. Including a transfer of
$92,440,000 from Other Defense Activities, and revenues of
$122,000,000, the same as estimated by the Congressional Budget
Office, this results in a net appropriation of $118,426,000.
Specific funding levels for each Departmental
organization are provided in the accompanying table.
Reprogramming guidelines.--The conference agreement
provides reprogramming authority of $1,000,000 or 10 percent,
whichever is less, within the Departmental Administration
account without prior submission of a reprogramming to be
approved by the House and Senate Committees on Appropriations.
No individual program account may be increased or decreased by
more than this amount during the fiscal year using this
reprogramming authority. Congressional notification within 30
days of the use of this reprogramming authority is required.
Transfers which would result in increases or decreases in
excess of $1,000,000 or 10 percent to an individual program
account require prior notification and approval.
Office of the Inspector General
The conference agreement provides $41,508,000 for the
Inspector General.
Atomic Energy Defense Activities
National Nuclear Security Administration
Weapons Activities
(INCLUDING TRANSFER OF FUNDS)
The National Nuclear Security Administration (NNSA), a
semi-autonomous agency within the Department of Energy, manages
the Nation's nuclear weapons, nuclear nonproliferation, and
naval reactors activities.
The conference agreement provides $6,526,471,000 for
Weapons Activities.
Availability of funds.--The conference agreement makes
funds available until expended.
Directed stockpile work (DSW).--The conference agreement
includes $1,316,936,000 for directed stockpile work. The
conference agreement provides $460,754,000 for DSW Life
Extension Programs. The conference agreement provides
$511,095,000 for DSW Stockpile Systems and $75,000,000 for DSW
Retired Warheads Stockpile systems. The conferees do not
provide $9,000,000 for advanced concepts research on new
weapons designs, but the same amount is made available for the
Reliable Replacement Warhead program to improve the
reliability, longevity, and certifiability of existing weapons
and their components. The conference agreement provides
$270,087,000 for DSW Stockpile services. No funds have been
provided for the Robust Nuclear Earth Penetrator (RNEP).
The Conferees support a degree of flexibility in
executing this budget by providing limited reprogramming
authority within Directed Stockpile Work [DSW]. The control
levels for the DSW program are:
(1) Life Extension Programs;
(2) Stockpile Systems;
(3) Retired Warhead Stockpile Systems; and
(4) Stockpile Services.
Campaigns.--Funding for individual campaigns is shown on
the accompanying table. From within funds provided for the
various campaigns, $4,350,000 is provided for the University
Research Program in Robotics.
For science campaigns, the conference agreement provides
$279,462,000. The conference agreement provides $73,973,000 for
primary assessment technologies; $86,521,000 for dynamic
materials properties program and $55,371,000 for the advanced
radiography program. The conference provided $63,597,000 for
secondary assessment technologies.
Within available funds, the conferees provide $7,500,000
to support Dynamic Materials Properties at the Nevada Test Site
[NTS], experiments on dynamic materials properties at the Atlas
facility and plutonium experiments at the Joint Actinide Shock
Physics Experimental facility [JASPER].
Within available funds, the Department is directed to
work with the UNLV Research Foundation to organize and lead a
consortium of universities to design, prepare, and conduct
experiments on the Atlas Machine.
Within Primary Assessment Technologies, NNSA is directed
to fund the Nevada Test Site [NTS] to maintain the critical
personnel skills and institutional viability in direct support
of the subcritical experiment program.
The conference agreement provides $260,830,000 for
engineering campaigns. The conference agreement for the
enhanced surety campaign is $33,121,000. The conference
agreement for the weapons system engineering assessment
technology is $27,270,000. The conference agreement for nuclear
survivability is $9,460,000 and the conference recommendation
for enhanced surveillance campaign is $99,879,000.
Engineering campaign construction projects.---The
conference agreement provides $86,500,000 for Project 01-D-108,
Microsystem and engineering science applications (MESA) at
Sandia, in New Mexico.
Inertial Confinement Fusion Ignition and High Yield.--The
conference agreement includes $541,034,000 for the inertial
confinement fusion ignition and high yield program. This
represents a $25,000,000 cut of the NIF project baseline. An
additional $46,000,000 is provided to support expanded research
in non-NIF related ICF research including petawatt and high-
energy petawatt laser development. Funding also enables
continued development of the beryllium shell targets currently
envisioned for ignition demonstrations in 2010. This target, if
successful, may enable advancement of the 2014 date for
ignition specified in the budget request documentation, a date
which represents a 4 year slip from the original goal of 2010.
Since demonstration of ignition by 2010 was the rationale
provided for construction of NIF under the current baseline
funding, the conference is extremely concerned with suggestions
of major delay in that date and requires that effort focus on
achieving that goal on the timescale originally proposed. Until
very recently, the beryllium shell and fill tube design was not
considered viable, but it is now viewed by the program managers
as the best option for regaining the 2010 ignition goal.
Significant risks are associated with this design however,
which is why this target design was not considered earlier in
the program. To estimate the probability of success for this
new target design, the conference mandates that a full review
of NIF progress and the use and promise of this target be
accomplished by an outside panel of experts, the JASONs, to
validate the current NIF construction baseline and the outlook
for ignition with this target design. As part of this
validation, experiments should be designed and completed on
alternative drivers, such as LLE at the University of Rochester
and the Z machine at Sandia National Laboratories, to increase
confidence in the performance of this target. The conference
further requires that these experiments, as well as the JASON
review, be used to develop a position paper authored by the
NNSA Laboratory and LLE Directors by June 2005, discussing the
promise of this target design to achieve ignition on the
original schedule of 2010, 4 years ahead of the date specified
in the current Budget. The conference is also aware that the
laser glass used in the Japanese GEKKO program, which is
identical to the optics used in the NIF project, has
significantly degraded in efficiency over time. The conference
requests the JASONs undertake a study utilizing the Japanese
laser optic operations as a measure to determine if the NIF
laser optics are performing as originally estimated and what
impact this will have on the project, the ability to achieve
ignition by 2010 and the overall lifecycle costs of replacing
the optics more frequently. The conference provides $5,000,000
for the development of advanced target fabrication and
diagnostic techniques required to support experiments at Omega,
Z machine and NIF employing advanced materials. Target
fabrication and manufacturing capabilities are critical in
fielding increasingly sophisticated experiments.
Petawatt Lasers.--The conference recommendation includes
an additional $6,000,000 for university grants and other
support. Of this amount, $3,000,000 is provided for continued
development of the petawatt laser at the University of Texas at
Austin; $1,000,000 is provided for an optical parametric
chirped pulse amplifier upgrade and associated operations of
the short pulse laser at the University of Nevada, Reno;
$1,000,000 is provided to the University of Nevada, Reno to
continue its collaboration with Sandia National Laboratories on
highly diagnosed studies of exploding wire arrays and implosion
dynamics; and $1,000,000 is provided for research using the Z-
Beamlet laser at Sandia National Laboratories under the Z-
Petawatt Consortium that includes the University of Texas at
Austin, the University of California, San Diego, the University
of California, Davis, the University of Nevada, Reno, the
University of Michigan, the University of Rochester, Ohio State
University and the General Atomics Corporation.
Inertial Fusion Technology.--The conferees also include
$25,000,000 to continue development of high average power
lasers and supporting science and technology, the budget
request for the Naval Research Laboratory, and $73,469,000 for
the University of Rochester, an increase of $28,000,000 over
the budget request. The additional funding is provided to the
University of Rochester's Laboratory for Laser Energetics for
the OMEGA Extended Performance (EP) Facility in support of the
nation's stockpile stewardship program. The conference
recommendation includes $9,000,000 to initiate double-shift
operations and assessments and initial development and testing
of Z-pinch inertial fusion energy. The conference
recommendation includes $1,000,000 to the University of Nevada-
Reno for magnetized plasma/laser interaction studies at the
Nevada Terawatt Facility, using the Zebra pulse power machine
and the Leopard short pulse laser system.
National Ignition Facility.--Within the funds provided,
$130,000,000 is for National Ignition Facility (NIF)
construction, Project 96-D-111.
Advanced Simulation and Computing.--The conference
agreement provides $703,760,000. From within available funds
for advanced simulation and computing, $10,000,000 is provided
for the Ohio Supercomputing Center high-end computer network at
its Springfield, Ohio site; $2,500,000 is provided to complete
Phase I of the demonstration project of three-dimensional chip
scale packaging integrated with spray cooling at Pacific
Northwest National Laboratory. The conferees direct the
University Partnerships program be funded at the budget
request.
For the pit manufacturing and certification campaign, the
conference agreement provides $265,671,000. The conference
agreement provides $132,005,000 for W88 pit manufacturing and
$60,960,000 for W88 pit certification, the same as the budget
request. Providing the requested level of funding will ensure
that the NNSA maintains its commitment to produce a certified
W88 pit by 2007. The conference agreement provides $13,500,000
for Pit Manufacturing Capability and $7,000,000 for Modern Pit
Facility. The conferees agree that funding for Modern Pit
Facility cannot be used to select a construction site in fiscal
year 2005.
For readiness campaigns, the conference agreement
provides $272,627,000. The conference agreement provides
$45,812,000 for the Stockpile readiness campaign. High
explosives weapons operations is funded at $34,220,000. The
conference agreement provides $32,957,000 for the non-nuclear
readiness campaign. The conference agreement provides
$79,788,000 for the advanced design and production technologies
campaign. Funding for the tritium readiness campaign is the
same as the budget request. The Conferees are aware of the
successful partnership between the NNSA and the University of
Nevada-Las Vegas and the University of Nevada-Reno that have
been fostered through a series of cooperative agreements. The
Department is encouraged to renew these agreements at higher
levels as appropriate.
Readiness in technical base and facilities.--For
readiness in technical base and facilities, the conference
agreement provides $1,121,557,000 for operations of facilities.
Within funds provided for operations of facilities, the
conferees provide an additional $45,000,000 for the Pantex
Plant in Texas; and an additional $50,000,000 for the Y-12
Plant in Oak Ridge, Tennessee; and an additional $5,000,000 for
the Kansas City Plant. For Program Readiness, the conference
agreement provides $106,204,000.
Within available funds, an additional $5,000,000 is
provided to support the operation for the facilities at the
Nevada Test Sites, including the Device Assembly Facility, the
Joint Actinide Shock Physics Experimental facility, operations
associated with the Atlas relocation project, U1a operations,
general plant projects and other NTS support facilities.
Finally, the conferees provide an additional $1,000,000 to the
Nevada Site Office for testing and enablement of water filters
to mitigate consequences of radionuclides in drinking water.
The conference agreement includes an additional $13,000,000
within the funds provided for modification of the Z-Beamlett
laser at the Z Pinch at Sandia National Laboratory.
For continued facility upgrades, refurbishments,
operation and maintenance costs associated with and for the
National Center for Combating Terrorism [NCCT] at the Nevada
Test Site, an additional $25,000,000 is provided. Within the
funds provided for NCCT, the conference agreement includes
$2,500,000 to the UNLV Research Foundation to support the
ongoing programs of the Institute for Security Studies
including research and development, training and collaborative
activities related to combating terrorism, emergency response
and consequence management. The recommendation also includes,
within funds provided, $2,500,000 for the UNR Fire Sciences
Academy.
For Special Projects, the conference agreement provides
$41,500,000. Within the available funds, $3,000,000 for
magnetized high energy density matter research at the Nevada
Terawatt facility at the University of Nevada-Reno; and
$1,000,000 to continue the ongoing administration
infrastructure support grant for the UNLV Research Foundation;
$750,000 to the UNLV Research Foundation to establish and
certify a radioanalytical services laboratory to support
emergency management training activities and actual
radiological events; $10,000,000 for settlement of claims for
the Pajarito Plateau homesteaders pertaining to acquisition of
their lands and property during the Manhattan Project; and
$8,000,000 for Los Alamos County Schools Program.
From within available funds, $5,000,000 for National
Energy Technology Laboratory to use the Plasma Separation
Process to develop high energy isomers and isotopes for energy
storage and utilization. From within available funds, the
conferees provide $2,000,000 for the Airborne Particulate
Threat Assessment program; $2,000,000 for the Secure Wireless
Technology Program; $1,000,000 for the Total Asset Management
(TAMS) program; $2,000,000 for Integrated Collaborative
Prototyping for Y-12; and $2,000,000 for development of multi-
platform dosimeter Radiation Detection devices. The conference
provides $2,000,000 for the National Center for Biodefense at
George Mason University in Virginia.
The conference agreement includes $86,965,000 for
materials recycle and recovery, the same as the budget request.
The conferees continue to be concerned about the fire station
support at the Nevada Test Site and are pleased by the decision
to use a design-build acquisition strategy for the fire station
and encourage completion at the earliest possible time within
the funding that has been provided. The conference agreement
also includes an additional $16,000,000 for the Los Alamos
National Laboratory for the CMR Building 04-D-125.
The conference agreement includes the budget request of
$17,910,000 for containers and $18,982,000 for storage.
Construction projects.--
Project 05-D-140, Project engineering and design (PED)--
RTBF, various locations. The conferees provide $16,600,000, an
increase of $5,000,000. The additional PED funds are provided
to begin planning for impact-resistant bunkers for additional
warhead storage facilities for nuclear warheads with
conventional high explosives at the Pantex Plant in Texas.
Project 04-D-125, Chemistry and Metallurgy Research
Facility Replacement (CMRR)--LANL. The conference provides
$40,000,000 for the CMRR project.
Project 01-D-124, Highly Enriched Uranium Materials
Facility, Y-12 National Security Complex, Oak Ridge, TN. The
conference provides $114,000,000, an increase of $50,000,000
over the budget request.
Facilities and Infrastructure Recapitalization.--The
conference agreement includes $316,224,000 for the facilities
and infrastructure (F&I) recapitalization program.
Secure Transportation Asset.--The conference agreement
provides $201,300,000 for secure transportation asset. The
conference agreement provides $57,427,000 for STA program
direction. Consistent with the new triad as outlined in the
Nuclear Posture Review, NNSA is working to create a responsive
infrastructure to deliver needed facilities at lower cost and
with greater speed. The conference encourages NNSA to explore
opportunities for third party financing where appropriate.
Nuclear Weapons Incident Response.--The conference
agreement provides $99,209,000 for nuclear weapons incident
response.
Safeguards and Security.--The conference agreement
includes $757,678,000, for safeguards and security activities
at laboratories and facilities managed by the National Nuclear
Security Administration. The conferees provide an additional
$30,000,000 at the Y-12 plant in Tennessee to accelerate
security infrastructure upgrades and consolidate the facility
footprint. The conferees provide an additional $20,000,000 for
the expansion of the red network at Los Alamos National
Laboratory to reduce the necessity for CREM.
Funding Adjustments.--The conference agreement includes
an adjustment of $30,000,000 for a security charge for
reimbursable work, as proposed in the budget, and the use of
$86,000,000 in prior year balances.
Defense Nuclear Nonproliferation
The conference agreement provides $1,420,397,000 for
Defense Nuclear Nonproliferation.
Nonproliferation and Verification Research and
Development.--The conference agreement provides $225,750,000
for nonproliferation and verification research and development.
The conference agreement includes $20,000,000 for ground-based
systems for treaty monitoring.
The conferees provide an additional $5,000,000 within
Supporting Activities to support the ongoing regulatory and
environmental activities for 300 Area replacement at Pacific
Northwest National Laboratory that will allow PED to occur on
an accelerated schedule. The conferees direct the Office of
Nuclear Nonproliferation to coordinate closely with the Office
of Science on the transition schedule and construction plans to
maintain the national security capabilities resident at PNNL.
From within available funds, the conferees provide $2,000,000
for testing of high-pressure xenon radiation detectors at the
Brookhaven National Laboratory Rad-Tech facility for portal
applications. From within the funds provided, the conference
recommendation includes $3,500,000 for the University of
Nevada-Reno for the development of state-of-the-art chemical,
biological, and nuclear detection sensors. The conference
recommendation includes the $2,000,000 for the UNLV research
Foundation to continue to establish and operate within the
Institute for Security Studies and applied research and
technology capability in support for the effort to combat
terrorism. An additional $500,000 is provided to support
nanomaterial research related to sensor applications. The
conference recognizes the unique mission capability the Los
Alamos National Laboratory possesses through work performed at
Technical Area 18 [TA-18] in areas of nuclear threat detection
and response. In light of these important national security
activities, the conferees direct the Secretary to perform an
assessment as to the LANL role in managing the future CAT III/
IV mission.
Nonproliferation and International Security.--The
conference agreement provides $154,000,000 for nonproliferation
and international security. The conferees include $20,000,000
for the Global Threat Reduction Initiative. The conferees
provide $10,000,000 for initiatives focused on removing nuclear
weapons-usable materials from vulnerable sites around the
world. These activities are essential to prevent terrorist
groups or states hostile to the United States from acquiring
destructive nuclear capabilities. The Administrator, working
with the Secretary, must utilize the NNSA's strength in the
inter-agency process to become the lead agency for all such
government activities worldwide. From within available funds,
the conference agreement provides $150,000 to continue the
collaboration between Texas A&M and Russian universities on
nuclear facilities safety and decontamination and
decommissioning technologies.
NON-PROLIFERATION PROGRAMS WITH RUSSIA
The conferees are disappointed the Administration has
failed to negotiate an acceptable solution for liability to
allow the MOX program to move forward this year. As a result,
another construction season will be missed in Russia. Not only
does this raise serious concern from a national security
standpoint, but it will also have serious repercussions here in
the United States as a result of maintaining parity of the two
construction schedules. The conferees strongly urge the
Administration to find an acceptable solution in the near term
in order to successfully complete negotiations and allow
construction of both the Russian and United States mixed oxide
fuel fabrication facilities to begin.
International Materials Protection, Control and
Cooperation (MPC&A).--The conference recommendation is
$322,000,000 for the MPC&A program, an increase of $84,000,000
over the budget request. The Conferees provide additional funds
for MPC&A to accelerate securing nuclear warhead sites in
Russia, begin MPC&A upgrades at the Russian Federation serial
production enterprise sites and provide additional resources
for the Second Line of Defense program to accelerate
installation activities in the Baltic and Caucasus regions and
other critical border activities. The conference provides the
budget request within the Second Line of Defense program for
the MegaPorts initiative. An increase of $50,000,000 is
provided for other high priority MPC&A activities, to include
countries outside the FSU.
Russian Transition Initiatives.--The conference agreement
provides $41,000,000, for the Initiatives for Proliferation
Prevention (IPP) program and the Nuclear Cities Initiative
(NCI).
HEU Transparency Implementation.--The conference
agreement provides $20,950,000, the same as the budget request.
Elimination of Weapons-Grade Plutonium Production.--The
conference agreement includes $40,097,000 for the elimination
of weapons-grade plutonium production program.
Fissile Materials Disposition.--The conference agreement
provides $624,000,000 for fissile materials disposition, the
same level authorized in the fiscal year 2005 defense
authorization bill. Funding of $159,700,000 is provided for
U.S. surplus materials disposition and $64,000,000 for the
Russian plutonium disposition program.
Construction Projects.--The conference recommendation
includes $368,000,000 for Project 99-D-143, the Mixed Oxide
Fuel Fabrication facility project. Funding of $32,300,000 is
provided for Project 99-D-141, the Pit Disassembly and
Conversion Facility project.
Off-Site Source Recovery Project.--The conference
agreement provides $7,600,000 for Off-Site Source Recovery
Project. The conferees provide an additional $2,000,000 for the
Nuclear and Other Hazardous Materials Transportation Research
Project at South Carolina State University's Transportation
Center.
Naval Reactors
The conference agreement provides $807,900,000 for Naval
Reactors, an increase of $10,000,000 over the budget request.
The conferees agree to transfer the additional $10,000,000 to
the Office of Nuclear Energy to support the Idaho National
Laboratory's Advanced Test Reactor.
Office of the Administrator
The conference agreement provides $356,200,000 for the
Office of the Administrator, $22,500,000 above the request.
The conference recommendation provides $12,000, the same
as the budget request, for official reception and
representation expenses for the NNSA.
Within the Office of the Administrator, the conferees
provide $22,500,000 to support the Historically Black Colleges
and Universities (HBCUs) scientific and technical programs. The
conferees concur with the House language directing the HBCUs
and Hispanic Serving Institutions (HSIs) receive financial
support in rough parity on a year-to-year basis. The conference
recommendation includes $2,000,000 each for Wilberforce
University and Central State University in Wilberforce, Ohio;
and $2,000,000 each for Claflin College in Orangeburg, SC and
Allen University in Columbia, SC; $500,000 each for Morris
College in Sumter, SC and Benedict College in Columbia, SC; and
$1,000,000 for Voorhees College in Denmark, SC and $2,000,000
for Morehouse College Dansby Hall Minority Science Center.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Management
The conference agreement for Defense Environmental
Management totals $7,034,405,000.
The conferees are aware that the Department of Defense has
utilized guaranteed fixed price remediation (GFPR) to remediate
contaminated properties. The conferees note the significant
cost-savings experienced by the Department of Defense using
GFPR, and believe that the Department of Energy may be able to
achieve similar savings and benefits. In order to better assess
the opportunity for cost savings by the Department of Energy,
the conferees direct the Department to submit to the Committees
on Appropriations of the House and Senate, by May 1, 2005, a
report as to the feasibility of applying GFPR to remediation
activities undertaken or planned by the Department.
Defense Site Acceleration Completion
The conference agreement for Defense Site Acceleration
Completion in fiscal year 2005 is $6,096,429,000.
Accelerated Completions, 2006.--The conference agreement
provides $1,264,999,000. This funding supports the closure by
the year 2006 of the Rocky Flats, West Jefferson, Fernald,
Miamisburg, and Ashtabula sites, and the completion of
significant cleanup projects at various other sites such as
Melton Valley, Kansas City, and Savannah River. The additional
$13,200,000 is provided to accelerate low-level waste shipments
during fiscal year 2005 from the Miamisburg Closure Project.
Accelerated Completions, 2012.--The conference agreement
provides $2,150,641,000.
Accelerated Completions, 2035.--The conference agreement
provides $1,904,339,000. This amount includes the requested
funding of $43,827,000 for construction of the Glass Waste
Storage Building #2 at SRS (project 04-D-408) and the requested
funding for the Waste Isolation Pilot Plant, the Idaho Cleanup
Project, the Y-12 and Oak Ridge National Laboratory sites,
Hanford and the Office of River Protection, Savannah River, Los
Alamos National Laboratory, Nevada Test Site, and various other
sites and facilities. From within available funds, the
conferees provide $2,000,000 for the Hanford Tank Waste
Operations Simulator (HTWOS); $2,000,000 for the Modular Phase
Low Cost Nano-particle at Idaho National Lab; and $1,000,000
for the Mid-Atlantic Recycling Center for End of Life
Electronics.
Waste Incidental to Reprocessing.--The conference
agreement provides $162,600,000 for the Savannah River site,
$97,300,000 for the Idaho site and $32,050,000 for the Hanford
site. The conference agreement provides $26,000,000 for Project
05-D-405 Salt Waste Processing Facility for long lead
procurement activities.
Safeguards and Security.--The conference agreement
provides $265,059,000, the same as the budget request.
Technology Development and Deployment.--The conference
agreement provides $60,142,000. From within available funds,
the conferees direct the Department to use not less than
$10,000,000 to conduct a competitive evaluation of the various
advanced remediation technologies available in the private
sector. Within remaining available funds, the conferees provide
$5,000,000 to continue the five-year international agreement
with AEA Technology, and $7,000,000 to continue the five-year
agreement with Florida International University's Hemispheric
Center for Environmental Technology.
Within available funds, the conferees provide $3,000,000
for Advanced Monitoring Systems Initiative at the Nevada Test
Site, to continue micro-sensing technology development and
prototype deployment of remote monitoring systems for the
underground test area; $2,400,000 for the Management of Nevada
Natural Resources with Remote Sensing Systems program;
$1,000,000 for nanotube research and development at the
Materials Reliability Center at the University Research
Programs in Robotics. The Department is directed to renew its
cooperative agreements with the University of Nevada-Las Vegas
and the University of Nevada-Reno.
Within available funds, $3,000,000 is provided to
continue the development of an electrochemical system utilizing
ceramic ionic transport membranes for the recycling and
disposal of radioactive sodium ion waste. The conference also
provides $4,000,000 for work on the subsurface science research
institute by Idaho National Laboratory and the Inland Northwest
Research Alliance institutions. The Department shall continue
its support of the Tribal Colleges Initiative grant, involving
Crownpoint Institute of Technology, Dine College, and
Southwestern Indian Polytechnic Institute, to develop high-
quality environmental programs at tribal colleges.
Defense Environmental Services
The conference recommendation for Defense Environmental
Services in fiscal year 2005 is $937,976,000.
Community and Regulatory Support.--The conference
agreement is $60,547,000. From within available funds, $500,000
shall be used to support the Energy and Environmental Hispanic
Community Participation project of the Self Reliance Foundation
needed to increase Hispanic community understanding of and
participation in environmental management initiatives of the
Department.
Federal Contribution to Uranium Enrichment
Decontamination and Decommissioning Fund.--The Energy Policy
Act of 1992, Public Law 102-486, created the Uranium Enrichment
Decontamination and Decommissioning Fund to pay for the cost of
cleanup of the gaseous diffusion facilities located in Oak
Ridge, Tennessee; Paducah, Kentucky; and Portsmouth, Ohio. The
conference agreement includes the budget request of
$463,000,000 for the Federal contribution to the Uranium
Enrichment Decontamination and Decommissioning Fund.
Non-Closure Environmental Activities.--The conference
agreement is $146,038,000. Within available funds, the
conference agreement directs the Department to provide
$10,000,000 for the Hazardous Waste Worker Training Program and
$8,000,000 for the Volpentest Hazardous Materials Management
and Emergency Response (HAMMER) training and education center.
The conference agreement includes $2,000,000 for the
Desert Research Institute's Environmental Monitoring Program;
$750,000 for the University of Nevada-Reno to conduct research
in the areas of materials evaluation, fundamental studies on
nuclear degradation mechanisms, alternate materials and design,
and computational and analytical modeling; $1,000,000 for the
Nye County Groundwater Evaluation Program; $2,000,000 for the
Defense and Security Research Center; $1,000,000 for the
Amargosa Valley Science and Technology Park; $1,000,000 for the
Hazardous Material Truck Tracking Facility; and $1,000,000 for
the Research Foundation at the University of Nevada-Las Vegas
to assess earthquake hazards and seismic risk in Southern
Nevada; $100,000 for the Perchlorate Characterization study for
the City of Simi Valley; and $6,000,000 for the Western
Environmental Technology Office.
Spent Nuclear Fuel Management.--The Department proposed
to transfer responsibility for the management and operation of
the DOE national spent fuel program, the foreign research
reactor spent nuclear fuel acceptance program, and the
management of chemical processing plant 666 at Idaho from the
Office of Environmental Management to the Office of Civilian
Radioactive Waste Management. The conference agreement includes
the requested amounts of $8,217,000 for the DOE national spent
fuel program, $8,055,000 for management of chemical processing
plant 666, and $1,060,000 for associated program direction
costs. It is the conferees' expectation that these activities
will continue to be managed at the Idaho site.
Program Direction.--The conference agreement for program
direction is $271,059,000, the same as the budget request.
Funding adjustments.--The conference agreement includes
an offset of $143,000 the same as the budget request, for the
security costs associated with reimbursable work. The
conference agreement includes the use of $2,000,000 of prior
year balances.
Other Defense Activities
The conference agreement provides $692,691,000 for Other
Defense Activities.
ENERGY SECURITY AND ASSURANCE
The conference agreement funds these programs under the
Office of Electricity Transmission and Distribution.
OFFICE OF SECURITY
The conference agreement provides $298,506,000.
$193,904,000 is provided for nuclear safeguards and security;
$49,880,000 is provided for security investigations; and
$54,722,000 is provided for program direction.
INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE
The conference agreement provides $24,669,000, the same
as the budget request, for the independent oversight and
performance assurance program.
ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)
The conference agreement provides $129,519,000 for
defense-related environment, safety and health activities,
including $20,414,000 for program direction. The conferees
disagree with the Administration's decision to cut funding for
the Radiation Effects Research Foundation. Within available
funds, the conference agreement provides $14,000,000, an
increase of $10,000,000 above the request for the Foundation.
This funding is critical in carrying out the scientific work,
which the United States has funded since 1947, to study the
health effects associated with the atomic blasts above
Hiroshima and Nagasaki.
The conference agreement includes $2,000,000 for the
Marshall Island program to meet the core health and
environmental monitoring mission in order to reassure the
communities of safe habitation and resettlement. The conference
agreement also includes $5,000,000 to continue the DOE Worker
Records Digitization project in Nevada. These funds are to be
administered by the Nevada Site Office. The conferees provide
$4,100,000 for the medical monitoring at the gaseous diffusion
plants at Paducah, Kentucky, Portsmouth, Ohio, and Oak Ridge,
Tennessee. The conferees support the continued use of helical
low-dose CAT scanning for early lung cancer detection in
workers with elevated risks of lung cancer. The conferees
direct the Department to establish an employee field resource
center in the State of New York.
Former Worker Medical Screening.--The conference
agreement includes $300,000 within the Former Workers Health
Program for the Iowa Army Ammunition Plant for ongoing
assistance in collecting requisite medical records and
completing claims forms for workers and retirees and $250,000
for the on-going beryllium screening and outreach program for
workers employed at vendors in the Worcester, Massachusetts,
area who supplied beryllium to the Atomic Energy Commission.
The conferees support and are pleased with the
Department's efforts to expand the Voluntary Protection Program
and other voluntary cooperative programs. The conference
agreement includes $790,000 for the University of Washington's
Former Hanford Production Workers Medical Screening Program and
to initiate medical screening for current tank farm workers
consistent with the July 2004 NIOSH Health Hazard Evaluation
Report.
Energy Employees Compensation Initiative.--The conferees
note the transfer of responsibility for processing the Subtitle
D claims from the Department of Energy to the Department of
Labor.
LEGACY MANAGEMENT
The conferees support the established mission of the
office of legacy management to manage the long-term stewardship
responsibilities at the Department's cleanup sites. The
conference agreement provides a total of $46,895,000 for the
office of legacy management of which $13,201,000 is provided
for program direction. Within available funds, the conferees
provide $8,000,000, to remain available until expended, for
planning, design, construction, and land acquisition, if
necessary, to establish a records management facility centrally
located near sites transferring into Legacy Management status,
and in close proximity to the Office of Legacy Management's
records management capability. The conferees urge the
Department to accelerate these activities with the goal of such
a facility being operational by early fiscal year 2007. From
within available funds, the conference agreement provides
$1,200,000 to complete transition of the STAR Center in
Pinellas County, Florida and $4,000,000 for the final payment,
subject to the existing requirement for matching funds, to the
Miamisburg Mound Community Improvement Corporation. From
available funds, $500,000 is provided to establish a Local
Stakeholder Post-Closure organization in the State of Colorado.
FUNDING FOR DEFENSE ACTIVITIES IN IDAHO
The conference agreement provides $114,347,000 for
defense-related activities at the Idaho National Laboratory
(INL) and associated Idaho cleanup sites.
DEFENSE RELATED ADMINISTRATIVE SUPPORT
The conference agreement provides $92,440,000 as proposed
by the House for national security programs administrative
support.
OFFICE OF HEARINGS AND APPEALS
The conference agreement provides $4,318,000 for the
Office of Hearings and Appeals, the same as the budget request.
OFFICE OF FUTURE LIABILITIES
The conferees do not support the creation of a redundant
Departmental office to address the planning function for long
term environmental cleanup liabilities. The conference
agreement provides no funds for the Office of Future
Liabilities.
Defense Nuclear Waste Disposal
The conference agreement provides $231,000,000 for the
defense contribution to the nuclear waste repository program.
The Conferees are aware that the Department formally approved,
in 1995, the right of the Affected Units of Local Government
and the State of Nevada to retain interest earned on unexpended
balances in their oversight accounts. The conferees reaffirm
that this policy reflects the intent of Congress and should be
maintained by the Department.
POWER MARKETING ADMINISTRATIONS
Operation and Maintenance, Southeastern Power Administration
The conference agreement includes $5,200,000, the same as
the budget request, for the Southeastern Power Administration.
The conference agreement provides $34,000,000 for purchase
power and wheeling in fiscal year 2005.
Operation and Maintenance, Southwestern Power Administration
The conference agreement includes $29,352,000, the same
as the budget request, for the Southwestern Power
Administration. The conference agreement provides $2,900,000
for purchase power and wheeling in fiscal year 2005. The
conference recommendation also provides authority for
Southwestern to accept advances from non-Federal entities to
provide interconnections to Southwestern's transmission system.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The conference agreement provides $173,100,000, for
Western Area Power Administration. The conference agreement
provides $227,600,000 for purchase power and wheeling in fiscal
year 2005. Within available funds, the conference
recommendation includes $6,000,000 for Topock-Davis-Mead
Transmission Line Upgrades to provide additional transmission
capacity by using aluminum matrix composite conductor
technology.
Utah Mitigation and Conservation Fund.--The conference
report does not contain the change in law sought by the
Administration concerning the transfer of this fund from the
Secretary of Energy to the Secretary of the Interior.
Within available funds, $500,000 is provided on a non-
reimbursable basis for a transmission study on the placement of
500 MW of wind energy in North Dakota and South Dakota.
Falcon and Amistad Operating and Maintenance Fund
The conference agreement includes $2,827,000, the same as
the budget request, for the Falcon and Amistad Operating and
Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The conference agreement includes $210,000,000 for the
Federal Energy Regulatory Commission (FERC). Revenues for FERC
are set at an amount equal to the budget authority, resulting
in a net appropriation of $0.
On March 24, 2004, FERC issued a declaratory order
asserting exclusive jurisdiction over the approval and siting
of liquefied natural gas (LNG) terminals. FERC concluded that
LNG terminals are engaged in foreign commerce and, as such,
fall clearly within the authority granted to the FERC under
Section 3 of the Natural Gas Act of 1938. The conferees agree
on this point and disagree with the position of at least one
State government agency that it should be the authority
responsible for LNG terminal siting within its boundaries,
rather than the FERC.
The Natural Gas Act clearly preempts States on matters of
approving and siting natural gas infrastructure associated with
interstate and foreign commerce. These facilities need one
clear process for review, approval, and siting decisions.
Because LNG terminals affect both interstate and foreign
commerce, LNG facility development requires a process that also
looks at the national public interest, and not just the
interests of one State.
The conferees recognize that, as a matter of energy
supply, the nation will need to expand its LNG infrastructure
over the decades to come to satisfy natural gas demand. Any
dispute of LNG siting jurisdictional authority now will be
counterproductive to meeting our natural gas needs in the
future.
General Provisions--Department of Energy
Sec. 301. The conference agreement includes language
regarding contract competition.
Sec. 302. The conference agreement includes a provision
that none of the funds may be used to prepare or implement
workforce restructuring plans or provide enhanced severance
payments and other benefits and community assistance grants for
Federal employees of the Department of Energy under section
3161 of the National Defense Authorization Act of Fiscal Year
1993, Public Law 102-484. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 303. The conference agreement includes a provision
that none of the funds may be used to augment funds made
available for obligation for severance payments and other
benefits and community assistance grants unless the Department
of Energy submits a reprogramming request subject to approval
by the appropriate Congressional committees. This provision has
been carried in previous Energy and Water Development
Appropriations Acts.
Sec. 304. The conference agreement includes a provision
that none of the funds may be used to prepare or initiate
Requests for Proposals for a program if that program has not
been funded by Congress in the current fiscal year. This
provision also precludes the Department from initiating
activities for new programs which have been proposed in the
budget request, but which have not yet been funded by Congress.
This provision has been carried in previous Energy and Water
Development Appropriations Acts.
(TRANSFERS OF UNEXPENDED BALANCES)
Sec. 305. The conference agreement includes a provision
that permits the transfer and merger of unexpended balances of
prior appropriations with appropriation accounts established in
this bill. This provision has been carried in previous Energy
and Water Development Appropriations Acts.
Sec. 306. The conference agreement includes a provision
prohibiting the Bonneville Power Administration from performing
energy efficiency services outside the legally defined
Bonneville service territory unless the Administrator certifies
in advance that such services are not available from private
sector businesses. This provision has been carried in previous
Energy and Water Development Appropriations Acts.
Sec. 307. The conference agreement includes a provision
establishing certain notice and competition requirements for
Department of Energy user facilities. This provision has been
carried in previous Energy and Water Development Appropriations
Acts.
Sec. 308. The conference agreement includes a provision
allowing the Administrator of the National Nuclear Security
Administration to authorize certain nuclear weapons production
plants, including the Nevada Test Site, to use not more than 2
percent of available funds for research, development and
demonstration activities. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 309. The conference agreement includes a provision
which would authorize intelligence activities of the Department
of Energy for purposes of section 504 of the National Security
Act of 1947 until enactment of the Intelligence Authorization
Act for fiscal year 2005.
Sec. 310. The conference agreement includes a provision
that requires that waste characterization at WIPP be limited to
determining that the waste is not ignitable, corrosive, or
reactive. This confirmation will be performed using radiography
or visual examination of a representative subpopulation of the
waste. The language directs the Department of Energy to seek a
modification to the WIPP Hazardous Waste Facility Permit to
implement the provisions of this section.
Sec. 311. The conference agreement includes language
regarding disposition of depleted Uranium Hexafluoride.
Sec. 312. The conference agreement includes a provision
regarding the use of funds in this Act for some procurement
actions by the Department of Energy.
Sec. 313. The conference agreement includes a provision
prohibiting the use of funds in this Act for procurements to
increase the dollar value of prime contracts awarded directly
by the Department to small business.
Sec. 314. The conference agreement includes a provision
limiting the types of waste that can be disposed of in the
Waste Isolation Pilot Plant in New Mexico. None of the funds
may be used to dispose of transuranic waste in excess of 20
percent plutonium by weight for the aggregate of any material
category. At the Rocky Flats site, this provision includes ash
residues; salt residues; wet residues; direct repackage
residues; and scrub alloy as referenced in the ``Final
Environmental Impact Statement on Management of Certain
Plutonium Residues and Scrub Alloy Stored at the Rocky Flats
Environmental Technology Site''. This provision has been
carried in previous Energy and Water Development Appropriations
Acts.
CONFERENCE RECOMMENDATIONS
The conference agreement's detailed funding
recommendations for programs in title III are contained in the
following table.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The conference agreement provides $66,000,000 for the
Appalachian Regional Commission. Within available funds, the
conferees direct the Commission to provide $1,000,000 to
facilitate construction of the Farmers' Ethanol biorefinery and
supporting infrastructure in Perry County, Ohio. The conferees
support the Appalachian-Turkish Trade Project to promote trade
and investment opportunities.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The conference agreement provides $20,268,000 for the
Defense Nuclear Facilities Safety Board, the same as the
request.
Delta Regional Authority
SALARIES AND EXPENSES
The conference agreement appropriates $6,048,000 for the
Delta Regional Authority. The conferees direct the Authority to
submit to the House and Senate Committees on Appropriations
quarterly financial reports providing detailed accounting data
on the expenditures of funds during fiscal year 2005. The
conferees also expect the Authority to submit a detailed budget
justification for the fiscal year 2006 budget.
Denali Commission
The conference agreement appropriates $67,000,000 for the
Denali Commission. The conferees renew the direction to the
Commission to submit a detailed budget justification for fiscal
year 2006.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The conference agreement includes $662,777,000, to be
offset by revenues of $534,354,000, for a net appropriation of
$128,423,000. This reflects the statutory language adopted by
the conference in fiscal year 2001 to reduce the fee recovery
requirement to 90 percent in fiscal year 2005.
In fiscal year 2004, the conferees directed the Nuclear
Regulatory Commission to contract with the National Academy of
Sciences for a study of spent nuclear fuel storage at
commercial reactor sites. The National Academy completed this
study and found a number of areas in which the NRC could
improve its modeling of the risks to spent fuel storage and the
mitigation of such risks. The conferees expect the NRC to take
the necessary steps to improve its analyses, including the
preparation of site-specific models, and to work with the
utilities to ensure timely application of this information to
mitigate risks.
Office of Inspector General
The conference agreement includes $7,518,000, to be
offset by revenues of $6,766,200, for a net appropriation of
$751,800. This reflects the statutory language adopted by the
conference in fiscal year 2001 to reduce the fee recovery
requirement to 90 percent in fiscal year 2005.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The conference agreement provides $3,177,000, the same as
the budget request.
TITLE V--GENERAL PROVISIONS
Sec. 501. The conference agreement includes language
directing that none of the funds appropriated in this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress except to communicate to
Members of Congress.
Sec. 502. The conference agreement includes language
regarding the transfer of funds made available in this Act to
other departments or agencies of the federal government.
Sec. 503. The conference agreement includes language
regarding the public release of documents concerning energy
markets.
Sec. 504. The conference agreement includes language
regarding the extension of the prohibition of oil and gas
drilling in the Great Lakes through 2007.
Sec. 505. The conference agreement includes language
authorizing the Secretary of the Army to transfer and advance
funds to the Administrator of the Bonneville Power
Administration to carry out activities in connection with
Section 2406 of the Energy Policy Act of 1992.
Sec. 506. The conference agreement includes language
concerning the voting methods for the Delta Regional Authority.
TITLE VI
The conference agreement includes language changing the
composition, operation, and duties of the Board of Directors of
the Tennessee Valley Authority.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligation) authority, fiscal year 2004..... $27,756,375
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 28,470,382
House bill, fiscal year 2005............................ 28,525,000
Senate bill, fiscal year 2005........................... 0
Conference agreement, fiscal year 2005.................. 29,020,000
Conference agreement compared with:
New budget (obligation) authority, fiscal year 2004. +1,263,625
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +549,618
House bill, fiscal year 2005........................ +495,000
Senate bill, fiscal year 2005....................... +29,020,000
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
The statement of the managers remains silent on
provisions that were in both the House and Senate bills that
remain unchanged by this conference agreement, except as noted
in this statement of the managers. The House and Senate report
language that is not changed by the conference is approved by
the committee of conference. The statement of the managers,
while repeating some report language for emphasis, does not
intend to negate the language referred to above unless
expressly provided herein.
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The conference agreement appropriates $59,800,000 for the
subsidy appropriation instead of $125,700,000 as proposed by
the House and $115,700,000 as proposed by the Senate. The
managers expect that there will be no reduction in Export-
Import Bank activity levels due to the extraordinarily high
level of carryover balances in fiscal year 2005, which total
approximately $444,000,000.
The conference agreement appropriates $73,200,000 for
administrative expenses for the Export-Import Bank as included
in the House bill and Senate amendment.
The conference agreement does not include a first-time
appropriation for an Office of Inspector General. The managers
note that the Export-Import Bank already has an audit committee
and other regimes in place, including independent auditors that
provide financial oversight to its operations.
The conference agreement includes Senate language that
requires the Export-Import Bank to provide a report on the
economic effect of an ethanol dehydration plant in Trinidad and
Tobago within 30 days of enactment of this Act. The conference
agreement does not include Senate language that would have
required prior consultation with the Senate Finance Committee
and the Committees on Appropriations prior to extending credit
support to establish or expand the production of indigenous
products by a beneficiary country pursuant to section 423 of
the Tax Reform Act of 1986. The managers are concerned by the
precedent this provision may establish within the Act, and
believe this matter is better addressed by the relevant
authorizing committees.
Overseas Private Investment Corporation
The managers direct the President of OPIC to continue
current policy and consult with the Committees on
Appropriations before any future financing for nongovernmental
organizations or private and voluntary organizations is
approved.
The conference agreement includes Senate language that
allows OPIC to operate in Iraq for fiscal year 2005. The House
bill did not address this matter.
Trade and Development Agency
The conference agreement appropriates $51,500,000 for the
Trade and Development Agency (TDA) as proposed by the House
instead of $49,000,000 as proposed by the Senate. The managers
have provided $1,500,000 for TDA to conduct a development and
training program to assist countries with meeting their
obligations for international aviation security and safety
standards.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
The conference agreement appropriates $1,550,000,000 for
the Child Survival and Health Programs Fund as proposed by the
Senate instead of $1,648,500,000 as proposed by the House. The
managers make funding in this account available until September
30, 2006, as proposed by the House, rather than September 30,
2007, as proposed by the Senate.
As in previous years, the conference agreement includes
language allocating the Child Survival and Health Programs Fund
among six program categories. For child survival and maternal
health, including vaccine-preventable diseases such as polio,
the conference agreement allocates $345,000,000 as proposed by
the Senate instead of $330,000,000 as allocated by the House.
For vulnerable children (not including children affected by
HIV/AIDS), the conference agreement allocates $30,000,000 as
proposed by the Senate instead of $28,000,000 as allocated by
the House. For HIV/AIDS, including children orphaned by HIV/
AIDS and otherwise affected by the disease, the conference
agreement allocates $350,000,000 instead of $330,000,000 as
allocated by the House or $600,000,000 as allocated by the
Senate. For other infectious diseases, including TB and
malaria, the conference agreement allocates $200,000,000 as
proposed by the Senate instead of $185,000,000 as allocated by
the House. For reproductive health/family planning, the
conference agreement allocates $375,000,000 as allocated by the
Senate; and for the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund), the conference agreement allocates
$250,000,000 as proposed by the Senate (not including
$150,000,000 of emergency funding) instead of $400,000,000 as
allocated by the House. The allocation for the Global Fund also
includes $87,800,000 in prior year funds, bringing the total
allocation to $337,800,000.
The managers expect that any change proposed subsequent
to the allocation as directed in bill language will be subject
to the requirements of section 515 of this Act. A definition of
program categories and their components can be found on pages 9
through 11 of House Report 107-142 and under the heading
``Family Planning/Reproductive Health'' on page 12 of Senate
Report 107-58.
The conference agreement includes a total of $337,800,000
for the Global Fund. The managers note that other donors have
not contributed adequate matching funding to make available all
of the potential United States fiscal year 2004 contribution to
the Fund of $547,000,000. The managers have carried over the
amount that could not be made available, $87,800,000, for
inclusion in the fiscal year 2005 Global Fund contribution.
Absent this action by the Congress, these funds would have been
used for purposes other than a contribution to the Global Fund.
The managers provide that up to 5 percent of funds made
available for a United States contribution to the Global Fund
may be made available to USAID for technical assistance related
to Global Fund activities, similar to a House provision.
Priority should be given to assistance that speeds the
distribution of Global Fund grants and improves the
accountability and efficiency of their use, rather than
increases the pipeline of undisbursed funding.
As in previous years, the managers specify that funding
for family planning/reproductive health should also be spent in
areas where population growth threatens biodiversity or
endangered species, as recommended by the Senate. The House
bill did not address this matter.
The conference agreement includes $30,000,000 to support
research on and the development of microbicides as a means for
combating HIV/AIDS, instead of $32,000,000 as proposed by the
Senate. The House bill did not address this matter. The
managers endorse Senate report language recommending up to
$2,000,000 for the International Partnership for Microbicides.
The conference agreement includes $27,000,000 for the
International AIDS Vaccine Initiative, instead of $28,000,000
as proposed by the Senate. The House bill addressed this matter
under the heading ``Global HIV/AIDS Initiative''.
The managers do not include a provision providing funds
under this heading for the Joint UN Programme on HIV/AIDS
(UNAIDS), as proposed by the Senate. Instead, the managers
provide such funds under the heading ``Global HIV/AIDS
Initiative''.
To simplify accounting and improve transparency, no
funding is appropriated in this account for HIV/AIDS programs
in the 15 Emergency Plan for AIDS Relief ``focus'' countries.
Funding for the ``focus'' countries is appropriated under the
heading ``Global HIV/AIDS Initiative''.
The managers note that, of the funding pledged thus far
by the Global Fund to recipient countries, approximately 56
percent would be for HIV/AIDS interventions, 31 percent for
malaria interventions, and 13 percent for tuberculosis (TB) or
combined TB/AIDS interventions. The managers have used these
percentages to estimate the portion of the United States
contributions to the Global Fund that is likely to be
attributed for each disease. The narrative for HIV/AIDS funding
is under the heading ``Global HIV/AIDS Initiative''.
The conference agreement provides a total of $132,500,000
for TB assistance. Of this amount, $80,000,000 is funded
through the ``other infectious diseases'' allocation in this
account, an estimated $8,500,000 from other bilateral accounts,
and $44,000,000 through the contribution to the Global Fund.
For malaria, the conference agreement provides a total of
$203,700,000. Of this amount, it is expected that $104,700,000
of the contribution to the Global Fund will fund malaria
programs, $90,000,000 is funded through the ``other infectious
diseases'' allocation in this account, and an estimated
$9,000,000 is provided from other bilateral accounts.
The managers note with concern the reductions made in the
fiscal year 2005 budget request for a number of African
countries. The conference agreement contains funding levels for
both ``Child Survival and Health Programs Fund'' and
``Development Assistance'' that significantly exceed the
amounts requested. The managers therefore expect USAID to
restore cuts in African country allocations in those accounts
to their fiscal year 2004 levels, consistent with proper
programmatic considerations. The managers expect that the
Committees on Appropriations will be fully consulted prior to
the release of section 653(a) allocations for fiscal year 2005.
The managers endorse House report language urging USAID
to increase its support for obstetric fistula prevention and
repair. The managers also intend that $32,000,000 be made
available to support the multilateral campaign to combat polio.
The managers note the policy and technical analysis and
educational programs of the Global Health Council and recommend
funding for the Council for such activities in fiscal year
2005.
The managers direct USAID to provide the Committees with
a detailed report not later than March 31, 2005, on the
programs, projects, and activities undertaken by the Child
Survival and Health Programs Fund during fiscal year 2004.
The managers note the growing demand for health-related
research and development from this and other accounts in this
Act. Therefore, the managers request USAID to provide a report
not later than 180 days after enactment of this Act describing
efforts made to coordinate USAID's health-related research and
development activities with those of the Department of Health
and Human Services, the Department of Defense, and other
agencies as appropriate. The report should focus on the
research, development, and application cycle and outline
USAID's appropriate role in that process. The report should
also include amounts spent by USAID for research and
development, with a breakdown by health issue or disease,
recipient, and stage of research or development funded. The
managers request USAID to consult regularly with the Committees
while developing this report.
Funds appropriated for the Child Survival and Health
Programs Fund are appropriated for programs, projects and
activities. Funds for administrative expenses to manage Child
Survival and Health Programs Fund activities are provided in a
separate USAID Operating Expenses account, with two exceptions
included in the conference agreement: authority for USAID's
central and regional bureaus to use up to $250,000 from program
funds for Operating Expense-funded personnel to better monitor
and provide oversight of the Child Survival and Health Programs
Fund, and section 522, which includes authority to use up to
$13,500,000 to reimburse other government agencies and private
institutions for professional services.
DEVELOPMENT ASSISTANCE
The conference agreement appropriates $1,460,000,000 for
``Development Assistance'' as proposed by the Senate instead of
$1,429,000,000 as proposed by the House.
The conference agreement includes $194,000,000 for trade
capacity building under this heading, the same as the level in
the House bill. The Senate amendment did not address this
matter. Trade capacity building is further addressed in section
570 of the general provisions.
The managers have agreed to provide $300,000,000 for
basic education, including adult literacy programs, under this
heading. Additionally, the conference agreement addresses this
matter further in section 567 of the general provisions. The
Senate amendment addressed this matter in the general
provisions, not under this heading.
The managers note that both the House and Senate reports
direct USAID to design and fund a $15,000,000 program in Africa
with the aim of eliminating school fees. The managers endorse
the instructions included in the House report stipulating that
this program address the issue of eliminating school fees in a
holistic manner, with attention paid to increasing host country
investment in education, increasing parent and community
involvement, and ensuring sufficient infrastructure for both
male and female students. The managers understand that
eliminating school fees, even in one country, could cost
hundreds of millions of dollars, and that the pilot project
undertaken with the funds provided will necessarily be smaller
in scope. The managers also direct that the strategies
requested in both the House and Senate reports be combined and
transmitted together to the Committees on Appropriations no
later than 180 days after enactment of this Act.
The conference agreement provides $15,000,000 for
programs to improve women's leadership capacity in recipient
countries as included in the House bill. The Senate amendment
did not address this matter.
The conference agreement provides $2,000,000 for clean
water treatment activities in developing countries. The House
bill did not address this matter. The managers recommend
consideration of up to $2,000,000 for Water Missions
International assuming satisfaction of normal requirements for
project technical merit and financial accounting system
standards.
The conference agreement includes Senate language that
provides $100,000,000 from all funds appropriated by this Act
shall be made available for drinking water supply projects and
related activities. The House bill did not address this matter.
The Committee expects USAID to report no later than 90 days
after enactment of this Act on funding and implementation of
its water projects, including the number and location of wells
drilled, and the cost per well.
The conference agreement does not include the Senate
requirement that funds for the Global Development Alliance are
subject to notification. However, the managers request USAID to
present to the Committees its financial plan for continued
implementation of the Global Development Alliance. The House
did not address this matter.
The managers support the fertilizer-related research and
development being conducted by the International Fertilizer
Development Center (IFDC) and urge USAID to make at least
$4,000,000 available to IFDC, including not less than
$2,300,000 for its core grant, as provided under the Senate
amendment. The House bill did not address the matter.
The conference agreement provides $20,000,000 for
American Schools and Hospitals Abroad. The Senate provided
$22,000,000. The House bill did not address this matter. The
managers endorse House report language concerning medical
simulation technology.
The managers direct that not less than $1,000,000 be made
available to the U.S. Telecommunications Training Institute, a
nonprofit joint venture program between the public and private
sectors that provides tuition free communications and
broadcasting training to professionals around the world. The
Senate amendment included bill language mandating that such
funds be made available for this purpose. The House bill did
not address this matter.
The managers understand that USAID has reached a three-
year, $3,000,000 agreement with the International Real Property
Foundation (IRPF). The managers support the work of the IRPF,
which provides field volunteers to developing countries to help
make their real estate markets more open and professional. The
managers expect USAID to provide $1,000,000 to the IRPF from
funds made available under this heading.
The conference agreement includes a modified Senate
provision directing that ``Development Assistance'' funds
should be used for programs in sub-Saharan Africa to address
sexual and gender-based violence. The House bill did not
address this matter. The managers recognize the importance of
these programs and expect USAID to increase funding above the
current level.
The managers endorse Senate report language concerning
Laos and expect that a total of $2,000,000 from ``Development
Assistance'' and the ``Child Survival and Health Programs
Fund'' will be used to continue ongoing programs in that
country. The managers continue to strongly support programs,
funded under the ``Nonproliferation, Anti-Terrorism, Demining
and Related Programs'' account, to clear unexploded ordnance in
Laos and expect that at least $2,500,000 will be made available
for this purpose in fiscal year 2005.
The conference agreement does not include a Senate
provision that $8,000,000 in development assistance funds
should be made available for assistance to Liberia. The House
bill did not address this matter. However, the managers believe
that additional funds are urgently needed for a variety of
activities in Liberia, especially drug rehabilitation of former
combatants, and expect USAID to provide $6,000,000 in
development assistance funds for Liberia. The managers endorse
the budget request for Liberia except where otherwise noted in
the conference agreement or statement of managers.
The managers recommend $10,000,000 from ``Development
Assistance'' and ``Economic Support Fund'' to assist victims of
torture. The House bill did not address this matter.
The managers support microenterprise development programs
for the poor, especially women, and urge USAID to achieve a
level of $200,000,000 for these programs in fiscal year 2005.
The managers also recommend $30,000,000 be available to USAID's
Office of Microenterprise through a central funding or other
appropriate mechanism for contracts, cooperative agreements and
grants. The managers also urge USAID to take steps to preserve
the viability of leading NGO microfinance networks and to
consult with the Committees on Appropriations on these
measures.
The managers strongly support the work of volunteers with
experience in the private sector in developing countries. In
that regard, the managers endorse the House report language
regarding the Financial Services Volunteer Corps (FSVC) and the
Citizens Development Corps (CDC), and Senate language that
endorses the International Executive Service Corps (IESC). The
FSVC can make an important contribution to reconstruction in
Iraq and Afghanistan. The managers strongly support these
institutions and direct the State Department and USAID to seek
ways to use them to full effect.
The managers direct the State Department and USAID to
report to the Committees on Appropriations not later than 90
days after enactment of this Act on how funding made available
in this Act will be used by the FSVC.
The managers endorse the list of university proposals in
the Senate and House reports. In addition, the managers
recommend consideration of proposals in support of the Norman
E. Borlaug International Science and Technology Fellows
Program, coordinated by Texas A&M University and other
partnering universities and agencies.
The conference agreement does not include Senate language
that would direct $40,000,000 appropriated under title II of
this Act be made available to the Office of the Higher
Education Community Liaison within USAID. The managers affirm
the principle of rigorous competitive selection of proposals on
technical merit. On a highly exceptional basis, the Committees
may request USAID to consult them on behalf of proposals deemed
meritorious.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
The conference agreement appropriates $370,000,000 for
``International Disaster and Famine Assistance'', instead of
$355,500,000 as proposed by the House and $385,500,000 as
proposed by the Senate.
Of this amount, $34,500,000 is made available
specifically for assistance for famine prevention and relief,
instead of $20,000,000 as proposed by the House and $50,000,000
as proposed by the Senate.
TRANSITION INITIATIVES
The conference agreement appropriates $49,000,000 to
support transition to democracy and long-term development of
countries in crisis, instead of $47,500,000 proposed by the
House and $50,000,000 proposed by the Senate.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $21,000,000 via
transfer authority for micro and small enterprise programs,
urban programs and other credit programs as proposed by the
House and the Senate. The conference agreement does not include
a Senate limitation of $700,000,000 on loan principal any part
of which is to be guaranteed. The House bill did not address
this matter.
CAPITAL INVESTMENT FUND
The conference agreement appropriates $59,000,000 for
USAID's Capital Investment Fund as proposed by the Senate,
instead of $64,800,000 as proposed by the House.
The conference agreement does not include Senate language
that would have required the USAID Administrator to assess
rental assessments on other agencies in buildings constructed
with funds under this title. The conference agreement does not
include House language that would have made USAID funds
available for contribution to the Capital Security Cost Sharing
Program managed by the State Department only if all other
agencies that have agreed to participate in the program are
making their contribution. The conference agreement makes
available not to exceed $19,709,000 for USAID's contribution to
the Capital Security Cost Sharing Program.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
The conference agreement appropriates $2,482,500,000 for
the Economic Support Fund.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Economic Support Fund
[Budget Authority, dollars in thousands]
Conference Agreement
Africa:
Africa Regional..................................... 9,000
Angola.............................................. 3,000
Burundi............................................. 3,250
Democratic Republic of Congo........................ 5,000
Djibouti............................................ 2,000
Ethiopia............................................ 5,000
Kenya............................................... 9,000
Liberia............................................. 25,000
Nigeria............................................. 5,000
Regional Organizations.............................. 1,000
Safe Skies.......................................... 3,500
Sierra Leone........................................ 6,000
South Africa........................................ 1,000
Sudan............................................... 20,000
Zimbabwe............................................ 2,000
Kimberley Process................................... 1,750
NED Democracy Programs.............................. 3,500
--------------------------------------------------------
____________________________________________________
Subtotal--Africa.................................. 105,000
========================================================
____________________________________________________
East Asia and the Pacific:
ASEAN Regional...................................... 750
Burma............................................... 8,000
Cambodia............................................ 17,000
NED Democracy Programs.............................. 4,000
Tibet............................................... 4,250
East Timor.......................................... 22,000
Indonesia........................................... 65,000
Mongolia............................................ 10,000
Thailand............................................ 1,000
Philippines......................................... 35,000
Environmental Programs.............................. 1,750
Regional Security Fund.............................. 250
Regional Women's Issues............................. 1,000
South Pacific Fisheries............................. 18,000
--------------------------------------------------------
____________________________________________________
Subtotal--East Asia and Pacific................... 188,000
========================================================
____________________________________________________
Europe:
Cyprus.............................................. 13,500
Irish Visa Program.................................. 3,500
--------------------------------------------------------
____________________________________________________
Subtotal--Europe.................................. 17,000
========================================================
____________________________________________________
Near East:
Egypt............................................... 535,000
Israel.............................................. 360,000
Jordan.............................................. 250,000
Lebanon............................................. 35,000
Middle East Multilaterals........................... 2,000
Middle East Partnership Initiative.................. 75,000
Middle East Regional Cooperation.................... 5,000
Morocco............................................. 20,000
West Bank/Gaza...................................... 75,000
Yemen............................................... 15,000
NED Muslim Democracy Programs....................... 4,000
--------------------------------------------------------
____________________________________________________
Subtotal--Near East............................... 1,376,000
========================================================
____________________________________________________
South Asia:
Afghanistan......................................... 225,000
Bangladesh.......................................... 5,000
India............................................... 15,000
Nepal............................................... 5,000
Pakistan............................................ 300,000
South Asia Regional................................. 1,000
Sri Lanka........................................... 10,000
--------------------------------------------------------
____________________________________________________
Subtotal--South Asia.............................. 561,000
========================================================
____________________________________________________
Western Hemisphere:
Bolivia............................................. 8,000
Cuba................................................ 9,000
Dominican Republic.................................. 3,000
Ecuador............................................. 13,000
Haiti............................................... 40,000
Guatemala........................................... 6,000
Nicaragua........................................... 3,500
Mexico.............................................. 13,500
Panama.............................................. 3,000
Paraguay............................................ 3,000
Peru................................................ 8,000
Peru/Ecuador Peace.................................. 3,000
Regional Anticorruption Initiatives................. 3,000
Summit of the Americas Support...................... 1,500
Third Border Initiative............................. 9,000
Trade capacity/CAFTA technical assistance........... 20,000
Venezuela........................................... 500
--------------------------------------------------------
____________________________________________________
Subtotal--Western Hemisphere...................... 147,000
========================================================
____________________________________________________
Global:
Human Rights and Democracy Fund..................... 37,000
Disability Programs................................. 2,500
OES Initiatives..................................... 2,500
Partnerships to Eliminate Sweatshops................ 2,000
Wheelchairs......................................... 5,000
Reconciliation Programs............................. 12,000
Security and Sustainability Programs................ 3,000
Trafficking in Persons.............................. 24,500
--------------------------------------------------------
____________________________________________________
Subtotal--Global.................................. 88,500
========================================================
____________________________________________________
Total, ESF........................................ 2,482,500
The conference agreement provides $360,000,000 for Israel
and language requiring disbursement of funds within 30 days of
enactment of this Act. The conference agreement provides not
less than $535,000,000 for Egypt as proposed by both the House
and Senate.
The conference agreement includes language similar to
that of the Senate amendment that provides that $200,000,000
should be provided for Commodity Import Program assistance for
Egypt. The House bill did not address this matter.
The conference agreement does not include language,
proposed by the Senate, that assistance be provided for Egypt
with the understanding that theGovernment of Egypt (GoE) will
undertake significant political reforms in addition to those undertaken
in previous years. The House bill did not address this matter.
The conference agreement includes language, proposed by
the Senate, that democracy and governance activities shall not
be subject to the prior approval of the GoE. The managers
intend this language to include nongovernmental organizations
and other segments of civil society that may not be registered
with, or officially recognized by, the GoE. However, the
managers understand that the GoE should be kept informed of
funding provided pursuant to these activities.
The conference agreement does not include a Senate
provision to make funds from this account available to USAID
for administrative costs for regional programs in Asia and the
Near East regions. The House bill did not address this matter.
The conference agreement includes language similar to
that proposed by the House and the Senate providing that not
less than $13,500,000 shall be made available for assistance
for Cyprus.
The conference agreement includes language that provides
that not less than $250,000,000 should be made available for
assistance for Jordan, as proposed by the House. The Senate
language would have mandated this level of support.
The conference agreement includes language similar to
that in the House bill that provides that not less than
$35,000,000 shall be made available for assistance for Lebanon,
of which not less than $4,000,000 should be made available for
scholarships and direct support of American educational
institutions in Lebanon.
The conference agreement provides $22,000,000 for
assistance for East Timor (Timor-Leste) as proposed by the
Senate. The House bill had similar language. The conference
agreement provides that of the funds for East Timor, $1,000,000
may be made available for administrative expenses of USAID, as
proposed by the Senate.
The conference agreement does not include a House
provision providing $50,000,000 for assistance for Haiti. The
conference agreement provides $85,000,000 in assistance for
Haiti as specified in section 549 of this Act, including
$40,000,000 in the Economic Support Fund.
The managers include prior year language authorizing non-
lethal assistance to the National Democratic Alliance of Sudan
to protect its civilians from attack. The Senate did not
address this matter.
The conference agreement provides that $3,000,000 should
be made available to promote freedom of the media in Indonesia.
The managers expect these funds will support ongoing programs
and activities, including those conducted by Internews.
The conference agreement does not include a Senate
provision that $2,000,000 shall be made available for economic
development programs conducted by Indonesian universities.
However, the managers expect funding should be provided for
this purpose.
The managers expect USAID to provide sufficient funding
for democracy building activities in Indonesia, and request
USAID to consult with the Committees on this matter.
The managers also expect currently unobligated funds for
police training in Indonesia to be fully utilized before fiscal
year 2005 Economic Support Fund resources are used for that
purpose.
The conference agreement does not include Senate language
providing assistance to the Rosary Sisters Hospital in Jordan.
The managers understand the concerns of the Government of
Jordan regarding the impact this proposed activity would have
on the assistance program for Jordan and recommend that USAID
and the Department of State review a proposal from the hospital
for possible funding from other sources within this Act. The
House bill did not address this matter.
The conference agreement does not include Senate language
that would have authorized up to $4,500,000 for scholarship
programs for students from countries with significant Muslim
populations at accredited American institutions of higher
education. The House bill did not address this matter. The
managers note that sufficient authority exists to fund such
scholarships at the present time, and endorse the House report
language on this matter. The managers direct the Department of
State to review such a proposal and, based on such review, to
recommend, as part of the President's fiscal year 2006 budget
request, how such a program (including elementary and secondary
school students) could be most effectively funded and managed
by the United States Government.
The conference agreement does not include $2,500,000 for
technical assistance to implement the Kimberley Process
Certification Scheme. However, $1,750,000 should be made
available for this purpose, as identified in the table
establishing funding levels for this account.
The conference agreement does not include Senate language
providing funding for environment initiatives in the East Asia
and Pacific region. However, $1,750,000 should be made
available for this purpose as indicated in the table
establishing funding levels for this account. The House bill
did not address this matter.
The conference agreement does not include Senate
provisions providing specific funding levels for Kenya and
Liberia. Amounts for these countries are identified in the
table establishing funding levels for this account. The House
bill did not address this matter.
The conference agreement does not include a Senate
provision that directed not less than $500,000 should be made
available for the Commission to Investigate Illegal Groups and
Clandestine Security Apparatus in Guatemala (CICIACS). However,
the managers intend that if CICIACS is established not less
than $500,000 should be made available to support the
Commission. The House bill did not address this matter.
The conference agreement does not include Senate language
providing funding for the Foundation for Security and
Sustainability. The managers provide $3,000,000 for the
Foundation as identified in the table establishing funding
levels for this account. The House bill did not address this
matter.
The conference agreements includes $5,000,000 for the
provisions of wheelchairs for needy persons in developing
countries instead of $10,000,000 as proposed by the Senate. The
House bill did not address this matter.
INTERNATIONAL FUND FOR IRELAND
The conference agreement appropriates $18,500,000 as
proposed by the House. The Senate did not address this matter.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
The conference agreement appropriates $396,600,000
instead of $410,000,000 as proposed by the Senate and
$375,000,000 as proposed by the House.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for Eastern Europe and the Baltic States
[Budget Authority in thousands of dollars]
Conference Agreement
Albania................................................. $28,000
Bosnia-Herzegovina...................................... 41,000
Bulgaria................................................ 27,000
Croatia................................................. 20,000
Kosovo.................................................. 75,000
Macedonia............................................... 34,000
Romania................................................. 27,000
Serbia.................................................. 73,600
Montenegro.............................................. 20,000
Regional Programs....................................... 51,000
--------------------------------------------------------
____________________________________________________
Total AEEB........................................ 396,600
The conference agreement contains language similar to
that in the Senate amendment that provides that $2,000,000
should be made available to enhance safety at nuclear power
plants. The managers understand that additional funding for
this purpose will not be required in subsequent fiscal years.
The conference agreement does not include language
proposed by the Senate to reduce assistance for Serbia by an
amount equal to the amount of financial and other support that
Serbia has provided to Slobodan Milosevic and other indicated
war criminals and their families during calendar year 2004. The
managers request the State Department to promptly consult with
the Committees on the amounts, if any, Serbia has provided to
these individuals. The House bill did not address this matter.
The conference agreement does not include a House
provision requiring the Administrator of USAID to provide prior
written approval for grants and loans for the economic
revitalization program in Bosnia and Herzegovina. The Senate
did not address this matter.
The conference agreement includes House language that
requires separate accounts for local currencies and cash
transfers made available under this heading. The Senate did not
address this matter.
The managers have included House language authorizing the
President to withhold funds for Bosnian economic revitalization
if Bosnia is not in compliance with article III of annex 1-A of
the Dayton Accords and has not terminated intelligence
cooperation with state sponsors of terrorism and terrorist
organizations.
The managers note the language of both the House and
Senate reports endorsing the American Bar Association's rule of
law programs, and also support implementing them through
cooperative agreements.
The managers recommend funding for the Russian, Eurasian,
and East European Research and Training Program (Title VIII) at
the fiscal year 2004 level. The managers also encourage the use
of Title VIII funds to include comparative research and
language training concerning Eurasian countries critical in the
war on terrorism.
The managers note that USAID, the Kosovo Business Finance
Fund, and the American Council for International Education have
recently entered into a partnership to expand professional
educational opportunities in Kosovo. Given the static or
declining aid levels for Eastern Europe and Eurasia, the
managers encourage the State Department and USAID to work with
various Enterprise Funds to develop further post graduate
partnership programs and opportunities for professional
education.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The conference agreement appropriates $560,000,000 as
proposed by the Senate, instead of $550,000,000 as proposed by
the House.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for the Independent States of the Former Soviet Union
[Budget Authority in thousands of dollars]
Conference Agreement
Armenia................................................. $75,000
Azerbaijan.............................................. 38,000
Belarus................................................. 6,500
Georgia................................................. 92,000
Kazakhstan.............................................. 27,000
Kygryz Republic......................................... 32,000
Moldova................................................. 17,500
Russia.................................................. 90,000
Tajikistan.............................................. 25,000
Turkmenistan............................................ 6,000
Ukraine................................................. 70,000
Uzbekistan.............................................. 36,000
Regional Programs....................................... 45,000
--------------------------------------------------------
____________________________________________________
Total............................................. 560,000
The conference agreement includes $3,859,000 for health
and other assistance needs of victims of trafficking in
persons, instead of $1,500,000 as proposed by the House and
$8,000,000 as proposed by the Senate.
The conference agreement includes language providing not
less than $17,500,000 for the Russian Far East, instead of
$20,000,000 as proposed by the Senate. The managers endorse
Senate report language recognizing the important contributions
to development activities in this region by the University of
Alaska.
The conference agreement does not include a Senate
provision making available assistance for an emergency
operations center in Kazakhstan.
The conference agreement provides that of the funds made
available for assistance for Ukraine, $5,000,000 should be made
available for nuclear reactor safety initiatives. The managers
expect that of this amount, $3,000,000 should be provided for
simulator-related projects. The Senate amendment included a
similar provision. The House bill did not address this matter.
The conference agreement includes not less than
$55,000,000 for child survival, environmental and other health
activities, and programs to reduce the incidence of HIV/AIDS,
tuberculosis, and other infectious diseases. The House bill
would have provided $57,000,000 for these purposes. The Senate
amendment did not address this matter.
The managers do not include a Senate provision specifying
funding for the Russia programs of the National Endowment for
Democracy or for democracy, human rights, and rule of law
programs in Belarus. The House bill did not address these
matters. The managers request that of the funds provided for
assistance for Russia, $3,500,000 should be made available to
the National Endowment for Democracy for democracy and human
rights activities in Russia, including political party
development programs.
The conference agreement assumes $6,500,000 for
assistance for Belarus, which should be used to implement
programs and activities authorized under the Belarus Democracy
Act of 2004. Funds may also be used for anti-trafficking
programs and programs to combat HIV/AIDS.
The conference agreement assumes that of the funds
allocated for regional programs, at least $3,000,000 should be
provided to address ongoing humanitarian needs in Nagorno-
Karabakh.
Independent Agencies
INTER-AMERICAN FOUNDATION
The conference agreement appropriates $18,000,000 instead
of $19,000,000 as proposed by the Senate and $16,238,000 as
proposed by the House.
AFRICAN DEVELOPMENT FOUNDATION
The conference agreement appropriates $19,000,000 instead
of $20,000,000 as proposed by the Senate and $18,579,000 as
proposed by the House.
PEACE CORPS
The conference agreement appropriates $320,000,000,
instead of $330,000,000 as proposed by the House and
$310,000,000 as proposed by the Senate. The managers encourage
the Peace Corps to consider new programs in Cambodia and
elsewhere in Asia, provided sufficient funds are available.
MILLENNIUM CHALLENGE CORPORATION
The conference agreement appropriates $1,500,000,000 for
the Millennium Challenge Corporation (MCC) instead of
$1,250,000,000 as proposed by the House and $1,120,000,000 as
proposed by the Senate.
The conference agreement makes available up to
$50,000,000 for administrative expenses instead of $30,000,000
as proposed by the House. The Senate amendment did not address
this matter. Additionally, the managers include House language
providing up to 10 percent of funds for the threshold
countries. The Senate included similar language in section 5093
of the Senate amendment.
The conference agreement includes a number of provisions
in the House bill that were not addressed by the Senate
amendment including: requirement for a written justification
before funds are made available, requesting a report on the
threshold country program, extension of section 605(e)(4) of
the Millennium Challenge Act of 2003, and requiring that the
MCC fully fund multi-year compacts for fiscal years 2004 and
2005.
The conference agreement includes in section 534 of the
general provisions a provision similar to the Senate amendment
that amends the eligibility criteria of the MCC. The managers
have included a definition of the ``investments in the people''
criteria that is inclusive of government policies of a
potentially eligible country that promote the health,
education, and other factors that contribute to the well-being
and productivity of their people, such as decent, affordable
housing.
The managers direct the MCC to consult with the
Committees on Appropriations and other appropriate committees
if the MCC plans to propose an expansion of the ``investment in
the people'' criteria beyond the areas of health and education
for purposes of country eligibility. In the event of such a
proposed expansion, the managers direct the MCC to provide this
consultation not later than 21 days prior to the release of the
report on the criteria and methodology for determining
eligibility. The consultation shall include a justification,
including supporting documents, that the proposed expansion
will meet requirements and expectations of country coverage,
transparency and availability, objectivity and reliability, an
appropriate inclusion in the eligibility methodology, and a
link to economic growth and poverty reduction that merits the
provision of eligibility incentives.
Department of State
GLOBAL HIV/AIDS INITIATIVE
The conference agreement appropriates $1,385,000,000 for
the Global HIV/AIDS Initiative instead of $1,450,000,000 as
proposed by the Senate and $1,260,000,000 as proposed by the
House. The managers include a total of $2,296,300,000 for HIV/
AIDS, tuberculosis, and malaria, $99,300,000 over the
President's request and $690,145,000 over the fiscal year 2004
level. This figure does not include significant funding
anticipated to be appropriated for the Department of Health and
Human Services.
HIV/AIDS, TB, and Malaria, fiscal year 2005
[Budget Authority in thousands of dollars]
Conference Agreement
Child Survival and Health Programs Fund (CSH)........... 867,800
HIV/AIDS............................................ (350,000)
Other Infectious Diseases (TB & malaria)............ (170,000)
Global ATM Fund..................................... (337,800)
Global HIV/AIDS Initiative.............................. 1,385,000
Other bilateral accounts for HIV/AIDS, TB, malaria...... 53,500
--------------------------------------------------------
____________________________________________________
Total............................................. 2,296,300
The conference agreement provides, of the $2,296,300,000
included for HIV/AIDS, TB, and malaria in this Act, not less
than $1,960,100,000 for programs for the prevention and
treatment of HIV/AIDS, and for care and support of those
infected and affected by the disease. $1,385,000,000 for HIV/
AIDS is included in the Global HIV/AIDS Initiative account. An
additional $539,100,000 is funded through the Child Survival
and Health Programs Fund, including $189,100,000 as a
conservative estimate of the amount from this Act that will be
allocated for HIV/AIDS by the Global Fund using historic Fund
disbursement trends. An estimated $36,000,000 is provided
through other accounts, such as the Economic Support Fund,
International Disaster and Famine Assistance, Foreign Military
Financing, and regional accounts for Eastern Europe and the
former Soviet Union. The estimate of $1,960,100,000 for HIV/
AIDS does not include the United States share of HIV/AIDS
assistance through the World Bank Group.
The managers note that all funding for the 15 Global HIV/
AIDS Initiative ``focus'' countries is appropriated in this
account. The managers strongly encourage the Office of the
Global AIDS Coordinator to continue its policy of providing
additional funding to ``non-focus'' countries. The managers
also support the procurement of cost-effective commodities that
are appropriate for use in developing and least developed
countries, including rapid strip-based HIV tests that address
the threat of all strains of HIV, including Group O.
The conference agreement does not include a Senate
provision regarding capacity building for nongovernmental
organizations and governments. The House bill did not address
this matter.
The managers request the Office of the Global AIDS
Coordinator to submit a report not later than 180 days
following enactment of this Act describing efforts to build the
capacity of focus-country governments and nongovernmental
organizations in those countries to develop and implement
sustainable HIV/AIDS programs. The report should detail
efforts, with funding allocations, to train local health care
personnel, including nurses, and to build the infrastructure
necessary for effective prevention, care and treatment
programs. The report should describe how these programs fit
into the country's national health care system and, if
relevant, national HIV/AIDS plan. The report should also
describe efforts undertaken by the Office of the Global AIDS
Coordinator and other parts of the Global HIV/AIDS Initiative
to coordinate capacity building efforts with other relevant
initiatives and organizations, such as the Global Fund, the
World Bank, and the World Health Organization. The managers
encourage the Office of the Global AIDS Coordinator to
consolidate reports requested under this title, as appropriate.
Funding for the United States contribution to the Global
Fund has been included in two places within the President's
annual budget submission: the request for USAID and the request
for the Department of Health and Human Services. The managers
request the Office of the Global AIDS Coordinator to provide a
detailed and consolidated description of United States
participation in and coordination with the Global Fund. This
description should include the levels of United States
government contributions to the Global Fund, efforts to
coordinate United States government and Global Fund efforts in
``focus'' countries, and cost estimates of future Global Fund
operations, including projections of the cost of grant renewals
versus new grants. At a minimum, the forecast should break out
these estimated costs for fiscal years 2006, 2007, and 2008 and
describe how the Administration is working with the
international community to garner support for the Fund.
The conference agreement does not include a Senate
provision making funds available for a specific HIV/AIDS
education and outreach program. The House bill did not address
this matter. The managers endorse Senate report language
regarding Voice for Humanity.
The managers recommend $53,500,000 in this Act from the
Economic Support Fund, Foreign Military Financing, and regional
accounts for Eastern Europe and the Baltic States and the
former Soviet Union, for HIV/AIDS, TB, and malaria programs.
The conference agreement does not include a Senate provision
making available from specified regional and programmatic
accounts $42,000,000 for HIV/AIDS, TB, and malaria programs.
The House bill did not address this matter.
The managers include not less than $27,000,000 from this
account for the Joint United Nations Programme on HIV/AIDS
(UNAIDS). The Senate amendment included funding for UNAIDS in
the Child Survival and Health Programs Fund, and the House bill
did not address this matter.
The conference agreement does not include a House
provision providing $26,000,000 for the International AIDS
Vaccine Initiative (IAVI). The managers include funding for
IAVI under the heading ``Child Survival and Health Programs
Fund'', similar to a Senate provision.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement appropriates $328,820,000 for
International Narcotics Control and Law Enforcement (INCLE),
the same level as proposed by the House and the Senate.
The conference agreement provides $40,000,000 for
assistance to Mexico and $10,500,000 for ongoing programs in
Africa. Additionally, the conference agreement provides
$10,000,000 for demand reduction programs, similar to the House
bill. The Senate did not address this matter.
The conference agreement provides $3,000,000 for the
purchase of helicopters for Malta, as proposed by the Senate.
The House did not address this matter.
The conference agreement includes a modified Senate
provision that makes $4,000,000 available under this heading
for the Philippines. The managers recognize the importance of
the United States-Philippines relationship and support an
increase in funding for the Philippines above the requested
level under ``Child Survival and Health Programs Fund'',
``Development Assistance'', ``Anti-Terrorism Assistance'' and
``International Military Education and Training''. The managers
expect to be consulted on assistance for the Philippines not
later than 60 days after enactment of this Act.
The conference agreement provides $11,900,000 for the
International Law Enforcement Training Academies (ILEA), and
the managers expect the academies, with the exception of ILEA/
Latin America, to be funded at the budget request. The managers
request the State Department to consult with the Committees on
plans to establish an academy in the Middle East.
The conference agreement does not include a provision
providing $15,000,000 for anti-trafficking programs as proposed
by the Senate. The managers expect that $5,000,000 of funds
under this heading will be used for this purpose.
The managers do not include funds for police training in
Indonesia under this heading and expect the State Department to
consult with the Committees prior to using ESF funds in this or
prior year Acts for these purposes. The managers request the
State Department to submit a report to the Committees not later
than 180 days after enactment of this Act on current and
planned police training activities in Indonesia, including
funding sources, obligations, and expenditures.
The conference agreement does not include $1,000,000 for
police training in Timor-Leste as proposed by the Senate.
However the managers expect that under the heading ``Economic
Support Fund'', of the $22,000,000 provided for Timor-Leste,
that not less than $1,000,000 will be used for these purposes.
The conference agreement makes available $30,300,000 for
administrative expenses instead of $26,117,000 as proposed by
the House and the Senate.
The conference agreement does not include an amendment,
proposed by the Senate, providing $1,500,000 to the
International Foundation of Hope (IFH) for alternative crop
development programs in Nangarhar Province, Afghanistan. The
managers recognize the security threat posed by narcotics
production in Afghanistan and recommend the State Department
consider funding the IFH program.
The conference agreement does not include a Senate
provision that $5,000,000 be made available to combat the
piracy of United States intellectual property. The managers
commend the work of the State Department on this issue, expect
$3,000,000 to be made available in fiscal year 2005, and urge
the State Department to request funds for this purpose next
year. The managers support the reporting requirement concerning
this program contained in the Senate report.
The managers endorse House report language on ``Anti-
Corruption Compacts'' and expect the Department of State to
work with the MCC to identify possible threshold country
program funding for this purpose.
ANDEAN COUNTERDRUG INITIATIVE
The conference agreement appropriates $731,000,000 for
the Andean Counterdrug Initiative as proposed by the House and
the Senate. The managers emphasize that there are other funds
for Andean nations in this Act.
The conference agreement provides that not less than
$264,600,000 shall be made available for alternative
development and institution building activities by USAID, the
Department of Justice, and the Department of State of which
$237,000,000 shall be directly apportioned to USAID, including
$125,700,000 for Colombia.
The conference agreement provides that not less than
$6,000,000 should be made available for judicial reform in
Colombia, not less than $6,000,000 shall be made available to
USAID for organizations and programs to protect human rights
and $2,000,000 should be made available for biodiversity and
indigenous reserves protection in Colombia.
The conference agreement again includes conditions,
similar to current law and the same as the Senate bill, on
aerial spraying. The House bill did not address this matter.
The conference agreement includes the House language
prohibiting funds for the resumption of flights in support of a
Peruvian air interdiction program until a system of enhanced
safeguards are in place. The Senate did not address this
matter.
The conference agreement includes Senate language
providing that assistance should be made available to the
Bolivian military and police only if the Bolivian military and
police are respecting human rights and cooperating with
investigations and prosecutions of alleged violations of human
rights.
The conference agreement does not include Senate
conditions on assistance to support the demobilization of
illegal armed groups in Colombia. The managers are aware that
the Colombian Government is engaged in demobilization
negotiations with such groups, which have been designated
foreign terrorist organizations (FTOs) by the State Department.
Leaders of these FTOs have been indicted by the Justice
Department for drug trafficking and these groups have been
implicated in widespread human rights violations. The managers
note that according to the Justice Department, United States
law forbids the provision of United States assistance to
members of terrorist organizations. The managers further note
that USAID included $3,250,000 in its fiscal year 2005 budget
justification for ``Peace Initiatives'' in Colombia, including
demobilization/integration. The conference agreement requires
consultation with and notification to the Committees prior to
the obligation of fiscal year 2005 funds for such activities.
The managers believe that the costs of demobilizing illegal
armed groups should be borne by the Colombian Government, not
the United States. The managers are concerned that the
demobilization process is being undertaken without adequate
safeguards to ensure the dismantling of such FTOs, to deter
members of such groups from resuming illegal activities, or to
prosecute and punish those involved in drug trafficking and
human rights violations.
The managers do not believe the Administration should
request funds in fiscal year 2006 for the demobilization/
reintegration of members of such FTOs unless it is for limited
activities that are determined by the Justice Department to be
consistent with United States anti-terrorism laws, and the
following conditions can be met: (1) The FTO is respecting a
ceasefire and the cessation of illegal activities; (2) the
Government of Colombia has not adopted any law or policy
inconsistent with its obligations under the United States-
Colombian treaty on extradition, and has committed to the
United States that it will continue to extradite Colombian
citizens to the United States, including members of such
illegal armed groups, in accordance with that treaty; (3) the
Colombian legal framework governing the demobilization of such
groups provides for prosecution and punishment, in proportion
to the crimes committed, of those responsible for gross
violations of human rights, violations of international
humanitarian law, and drug trafficking, for reparations to
victims, and for the monitoring of demobilized individuals; (4)
the Government of Colombia is implementing a policy of
effectively dismantling such groups, including the seizure of
financial and property assets; and (5) the Government of
Colombia is taking actions to enable the return of stolen
assets, including real property, to their original owners.
The managers are also aware that the Administration has
used fiscal year 2004 funds to support the Organization of
American States (OAS) Mission in Colombia. The managers request
that, prior to the provision of additional funds to the OAS for
this purpose, the Secretary of State report to the Committees
that the OAS Mission is strictly adhering to its verification
role, FTOs are concentrated in zones for demobilization, the
legal framework governing the demobilization conforms with (3)
above, and the Inter-American Commission for Human Rights is
providing advice to the OAS Mission.
The conference agreement makes available $16,285,000 from
this account for administrative expenses of the Department of
State as proposed by the House and the Senate and $7,800,000
for administrative expenses of USAID instead of $4,500,000 as
proposed by the House and the Senate.
The conference agreement includes a provision proposed by
the Senate that requires that the Administrator of USAID, in
consultation with the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs, shall have
responsibility for the use of funds under this heading that are
directly apportioned to USAID. The conference agreement does
not include a provision in section 515 of the general
provisions, as proposed by the Senate, requiring that all
reprogrammings of funds under this and the previous heading
shall be subject to review and approval by the Deputy Secretary
of State. The House did not address either matter.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Andean Counterdrug Initiative
[Budget Authority, dollars in thousands]
Conference Agreement
Bolivia:
Interdiction/Eradication............................ 49,000
Alternative Development/Institution Building........ 42,000
Colombia:
Interdiction/Eradication............................ 313,200
USAID Alternative Development/Institution Building.. 125,700
Rule of Law......................................... 27,600
Ecuador:
Interdiction/Eradication............................ 11,000
Alternative Development/Institution Building........ 15,000
Peru:...................................................
Interdiction/Eradication............................ 62,000
Alternative Development/Institution Building........ 54,300
Panama.................................................. 6,000
Brazil.................................................. 9,000
Venezuela............................................... 3,000
Guatemala............................................... 1,000
Nicaragua............................................... 1,000
Air Bridge Denial....................................... 11,200
--------------------------------------------------------
____________________________________________________
Total, ACI........................................ 731,000
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement appropriates $770,000,000 for
the Migration and Refugee Assistance account (MRA) instead of
$756,000,000 as proposed by the House and $775,000,000 as
proposed by the Senate.
The conference agreement makes available $22,000,000 for
administrative expenses as proposed by the Senate instead of
$21,000,000 as proposed by the House. The managers expect the
additional administrative funds to be used for refugee
admissions and emergency situations.
The conference agreement also includes Senate language
providing not less than $50,000,000 for refugees from the
former Soviet Union and Eastern Europe and other refugees
resettling in Israel. The House bill did not address this
matter.
The conference agreement does not include a Senate
provision that makes funds available for assistance for
international organizations for refugees from North Korea. The
House did not address this matter. The managers strongly
support the provision of funds for such purposes, and request
the State Department to review methods to provide sufficient
assistance to safeguard the human rights and dignity of North
Korean refugees. The managers request the State Department to
report to the Committees not later than 90 days after enactment
of this Act on programs and activities regarding North Korean
refugees supported during calendar years 2003 and 2004.
The conference agreement does not include Senate language
providing that funds under this and the following heading be
made available to NGOs located in Thailand for humanitarian
assistance inside Burma. The managers expect NGOs working in
Thailand on Burmese refugee issues to be funded at amounts
above the fiscal year 2004 level from these accounts. The
managers endorse Senate report language regarding funding
levels for the Burma Border Consortium.
The managers are deeply concerned with reports of the
misuse of facilities managed by the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA)
and UNRWA-owned vehicles for terrorist activities and the
recent statement by UNRWA's Commissioner General that the
agency employs members of the terrorist organization Hamas. The
managers note that continued United States support for UNRWA
depends on its compliance with United States law prohibiting
assistance to terrorist organizations. The managers direct the
State Department to work closely with the United Nations and
UNRWA to develop effective standards and practices to ensure
that UNRWA resources are not diverted for terrorist purposes,
and that the agency is not employing terrorists. The managers
direct the Secretary of State to transmit a report on these new
standards to the Committees on Appropriations no later than 180
days after the enactment of this Act.
The managers are aware of potential tensions between
Sudanese refugees in Chad and the citizens of Chad. The
managers recommend funding for programs to mitigate conflict
between refugees and hosting communities and to provide
technical assistance to local organizations for assistance to
refugees, including refugee registration and protection.
UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE FUND
The conference agreement appropriates $30,000,000 for the
United States Emergency Migration and Refugee Assistance Fund
(ERMA), instead of $20,000,000 as proposed by the House and
$50,000,000 as proposed by the Senate.
The conference agreement includes language from the
Senate amendment that provides the funds notwithstanding
section 2(c)(2) of the Migration and Refugee Assistance Act of
1962.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement appropriates $402,000,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs, instead of $382,000,000 as proposed by the House and
$415,200,000 as proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Nonproliferation, Anti-Terrorism, Demining and Related Programs
[Budget Authority in thousands of dollars]
Conference Agreement
Nonproliferation and Disarmament Fund................... $32,000
Export Control and Border Security assistance........... 38,000
Nonproliferation of WMD Expertise....................... 50,500
International Atomic Energy Agency--Voluntary
Contribution........................................ 53,000
CTBT/International Monitoring System.................... 19,000
Anti-terrorism Assistance............................... 120,000
Counterterrorism financing.............................. 7,500
Terrorist Interdiction Program.......................... 5,000
CT Engagement with Allies............................... 500
Humanitarian Demining................................... 59,500
International Trust Fund for Demining................... 10,000
Small Arms/Light Weapons Destruction.................... 7,000
--------------------------------------------------------
____________________________________________________
NADR Total........................................ 402,000
The conference agreement does not contain language from
the Senate amendment that would have authorized not to exceed
$250,000 for the support of public-private partnerships for
mine action by grant, cooperative agreement, or contract.
Language authorizing these activities for fiscal year 2004 and
subsequent years was contained in Public Law 108-199. The House
bill did not address this matter.
The conference agreement contains Senate language that
provides that funds available for the CTBT Preparatory
Commission that are not necessary to make the United States
contribution to the Commission shall be made available to the
International Atomic Energy Agency and shall be available until
September 30, 2006.
The conference agreement does not include a Senate
provision providing that $10,000,000 be made available to
destroy MANPADS. The House bill did not address this matter.
The managers support efforts to curtail the proliferation of
MANPADS and note that more than $10,000,000 from this and other
appropriations Acts is being made available to achieve this
objective.
The conference agreement does not contain Senate language
that would have authorized $10,000,000 for mobile combat
systems and radiation detection technology to combat
international terrorism. While this appropriation account is
not the appropriate place to fund such activities, the managers
support efforts to develop such systems and note that more than
$10,000,000 from other appropriations Acts is being made
available to achieve this objective.
The conference agreement contains Senate language that
provides 2-year availability of funds appropriated for anti-
terrorism assistance and export control and border security.
CONFLICT RESPONSE FUND
The conference agreement does not include Senate language
authorizing activities under the Conflict Response Fund, or
$20,000,000 for the Fund, as proposed by the Senate. The House
bill did not address this matter.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement appropriates $19,000,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury as proposed by the House instead of
$17,500,000 as proposed by the Senate.
DEBT RESTRUCTURING
The conference agreement appropriates $100,000,000 for
Debt Restructuring, instead of $105,000,000 as proposed by the
House and $95,000,000 as proposed by the Senate. The conference
agreement provides $20,000,000 for the Tropical Forest
Conservation Act Program, and at least $10,000,000 for
bilateral debt relief for the Democratic Republic of Congo and
the flexibility to provide more from available funds if
necessary.
The conference agreement includes House language limiting
the use of the United States contribution to the HIPC Trust
Fund and endorses the House report language on this issue. The
managers note that the fiscal year 2004 and 2005 funds are
subject to the regular notification procedures of the
Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement provides that funding for
Nigeria, Haiti, and the Democratic Republic of Congo shall be
subject to the regular notification procedures of the
Committees on Appropriations. The House bill would have
required notification for Nigeria and Guatemala, while the
Senate amendment would have required notification for Cambodia,
Haiti, the Democratic Republic of Congo, Nigeria, and
Guatemala.
The conference agreement does not include $2,000,000 in
International Military Education and Training (IMET) assistance
for Greece, as proposed by the Senate. However, the managers
request the Secretary of State to consider providing up to
$2,000,000 in IMET assistance for Greece. The House bill did
not address this matter.
In order to increase cooperation in the war on
international terrorism, the managers support additional
funding above the budget request in IMET assistance for Egypt.
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement appropriates $4,783,500,000 for
the Foreign Military Financing Program.
The managers have included language providing
$2,220,000,000 for Israel and $1,300,000,000 for Egypt as
proposed in both the House and Senate bills. The conference
agreement includes language similar to that proposed in the
Senate amendment that provides that $206,000,000 should be made
available for assistance for Jordan.
Funds in this account are allocated in the following
table and, as stipulated in section 595 any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Foreign Military Financing Program
[Budget Authority, dollars in thousands]
Conference Agreement
Africa:
Botswana............................................ $500
Djibouti............................................ 4,000
Eritrea............................................. 500
Ethiopia............................................ 2,000
Ghana............................................... 500
Kenya............................................... 7,000
Liberia............................................. 3,000
Nigeria............................................. 500
Senegal............................................. 500
Uganda.............................................. 2,000
Africa Coastal/Border Security Program.............. 4,000
Military Health Affairs............................. 2,000
--------------------------------------------------------
____________________________________________________
Subtotal--Africa.................................. 26,500
========================================================
____________________________________________________
East Asia and the Pacific:
Cambodia............................................ 1,000
East Timor.......................................... 1,000
Fiji................................................ 250
Indonesia........................................... 1,000
Mongolia............................................ 1,000
Tonga............................................... 250
Philippines......................................... 30,000
Thailand............................................ 1,500
--------------------------------------------------------
____________________________________________________
Subtotal--East Asia and the Pacific............... 36,000
========================================================
____________________________________________________
Europe and Eurasia:
Albania............................................. 3,000
Armenia............................................. 8,000
Azerbaijan.......................................... 8,000
Bosnia.............................................. 2,500
Bulgaria............................................ 7,000
Czech Republic...................................... 6,000
Estonia............................................. 5,000
Georgia............................................. 12,000
Hungary............................................. 6,000
Kazakhstan.......................................... 5,000
Kyrgyz Republic..................................... 2,000
Latvia.............................................. 5,000
Lithuania........................................... 5,500
Macedonia........................................... 5,250
Moldova............................................. 450
Poland.............................................. 66,000
Romania............................................. 11,000
Slovakia............................................ 5,000
Slovenia............................................ 1,500
Tajikistan.......................................... 500
Turkey.............................................. 34,000
Turkmenistan........................................ 700
Ukraine............................................. 3,000
Uzbekistan.......................................... 11,000
--------------------------------------------------------
____________________________________________________
Subtotal--Europe and Eurasia...................... 213,400
========================================================
____________________________________________________
Near East:
Bahrain............................................. 19,000
Egypt............................................... 1,300,000
Israel.............................................. 2,220,000
Jordan.............................................. 206,000
Morocco............................................. 15,250
Oman................................................ 20,000
Tunisia............................................. 10,000
Yemen............................................... 10,000
--------------------------------------------------------
____________________________________________________
Subtotal--Near East............................... 3,800,250
========================================================
____________________________________________________
South Asia:
Afghanistan......................................... 400,000
Bangladesh.......................................... 250
Nepal............................................... 1,500
Pakistan............................................ 150,000
(by transfer)....................................... (150,000)
Sri Lanka........................................... 500
--------------------------------------------------------
____________________________________________________
Subtotal--South Asia.............................. 552,250
========================================================
____________________________________________________
Western Hemisphere:
Argentina........................................... 1,000
Bahamas............................................. 100
Belize.............................................. 200
Bolivia............................................. 2,000
Chile............................................... 500
Colombia............................................ 100,000
Dominican Republic.................................. 1,000
Ecuador............................................. 1,000
El Salvador......................................... 1,500
Guyana.............................................. 100
Haiti............................................... 300
Honduras............................................ 1,000
Jamaica............................................. 600
Nicaragua........................................... 500
Panama.............................................. 1,000
Peru................................................ 1,000
Suriname............................................ 100
Uruguay............................................. 400
Eastern Caribbean................................... 1,000
--------------------------------------------------------
____________________________________________________
Subtotal--Western Hemisphere...................... 113,300
========================================================
____________________________________________________
Global:
Enhanced Peacekeeping Capabilities.................. 1,800
FMF Administrative Costs............................ 40,000
--------------------------------------------------------
____________________________________________________
Subtotal--Global.................................. 41,800
========================================================
____________________________________________________
Total............................................. 4,783,500
The conference agreement provides that not less than
$580,000,000 shall be made available for procurement in Israel
of defense articles and services, as proposed by the House. The
Senate proposed similar language.
The conference agreement does not include language
proposed by the Senate that would have allowed for the transfer
of up to $5,000,000 to ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs''. The House bill did not address
this matter.
The conference agreement includes $400,000,000 in
military assistance for Afghanistan.
The conference agreement stipulates that not less than
$206,000,000 should be provided from this account for
assistance to Jordan, similar to a Senate provision. The House
bill did not address this matter.
The managers have not included Senate provisions
specifying funding levels for Tunisia, Armenia, Liberia, and
Georgia. Information on funding levels as a basis for
notification for these and other countries and programs is
found in the table included in the Statement of Managers.
The conference agreement includes a provision, similar to
Senate language, which conditions up to $2,000,000 in
assistance for Uganda on progress by the Government of Uganda
in human rights, the protection of civilians, and the
professionalization of Ugandan armed forces. The House bill did
not address this matter.
The conference agreement includes a House provision that
permits up to $150,000,000 from prior year Foreign Military
Financing Program and Economic Support Fund accounts to be
transferred to the FMF account in this Act for assistance to
Pakistan. The Senate included similar language, but did not
designate Pakistan as the recipient of the transferred funds.
The conference agreement includes Senate language
prohibiting funding from this account for Sudan and Guatemala.
The House bill also included Indonesia in the funding
prohibition.
The conference agreement includes Senate language that
requires a notification for assistance for Haiti. The House
bill did not address this matter.
The conference agreement does not include a House
provision prohibiting funding from this account for activities
related to the clearance of unexploded ordnance from United
States Armed Forces testing or training centers, except on San
Jose Island, Republic of Panama. The Senate amendment did not
address this matter.
PEACEKEEPING OPERATIONS
The conference agreement does not include a Senate
provision authorizing the transfer of funding from the
Department of Defense to the Department of State for military
or security assistance to enhance the capability of foreign
countries to participate in international peacekeeping or peace
enforcement operations. The House bill did not address this
matter.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The conference agreement appropriates $107,500,000 for
the Global Environment Facility as proposed by the House
instead of $120,678,000 as proposed by the Senate.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The conference agreement appropriates $850,000,000 for
the International Development Association, the concessional
lending facility of the World Bank, as proposed by the House
instead of $820,000,000 as proposed by the Senate.
The managers note that the World Bank promised
$313,000,000 in grant assistance and $3,000,000,000 in loans to
the people of Iraq. Of this commitment, only one training
program totaling $3,600,000 has been completed, which
represents less than .01 percent of total funds pledged. The
managers request the Secretary of Treasury to submit a report
not later than January 1, 2005 on World Bank loan disbursement
and the deployment of World Bank international staff to Iraq.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The conference agreement appropriates $11,000,000 for
past due payments by the United States to the Multilateral
Investment Fund instead of $25,000,000 as proposed by the House
and $15,000,000 as proposed by the Senate.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The conference agreement appropriates $100,000,000 for
the United States contribution to the Asian Development Fund,
instead of $112,212,465 as proposed by the House and
$59,691,000 as proposed by the Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The conference agreement appropriates $4,100,000 for the
African Development Bank instead of $5,100,000 as proposed by
the House and $1,100,000 as proposed by the Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The conference agreement appropriates $106,000,000 for
the African Development Fund instead of $118,000,000 as
proposed by the House and $67,000,000 as proposed by the
Senate.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The conference agreement appropriates $328,394,000 for
voluntary contributions to International Organizations and
Programs instead of $323,450,000 as proposed by the House and
$328,925,000 as proposed by the Senate.
The managers continue to support the work of the World
Food Program and have provided $6,000,000 for a voluntary
contribution under section 534 of this Act as included in the
House bill and the Senate amendment.
The managers expect that of funds under this heading
subject to section 307(a) of the Foreign Assistance Act of
1961, an additional $350,000 will be made available for United
Nations Center for Human Settlements for a total of $500,000 in
fiscal year 2005. As with all funds subject to section 307(a),
these funds are subject to notification.
Funds in this account are allocated in the following
table and, as stipulated in section 595, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
International Organizations and Programs
[In thousands of dollars]
UN Fund for Tech. Cooperation in Human Rights........... $1,500
UN Voluntary Fund for Victims of Torture................ 7,000
OAS Fund for Strengthening Democracy.................... 3,000
UNDP.................................................... 109,000
UNIFEM.................................................. 2,000
UNIFEM Trust Fund....................................... 1,000
UNICEF.................................................. 125,000
OAS Development Assistance.............................. 4,900
WTO..................................................... 1,000
ICAO Aviation Programs.................................. 1,000
UNEP.................................................... 11,000
IMO Maritime Security................................... 100
Montreal Protocol....................................... 21,500
International Conservation Programs (CITES/ITTO/IUCN/
Ramsar/CCD)......................................... 6,400
IPCC/UNFCCC............................................. 6,000
International Contributions for Scientific Educational &
Cultural Activities................................. 844
World Meteorological Organization....................... 2,000
UN Center for Human Settlements......................... 150
Reserve to be allocated................................. 25,000
--------------------------------------------------------
____________________________________________________
Total............................................. 328,394
TITLE V--GENERAL PROVISIONS
(Note.--If House and Senate language is identical except
for a different section number or minor technical differences,
the section is not discussed in the Statement of Managers.)
Sec. 505. Limitation on Representational Allowances
The conference agreement includes limitations similar to
the House bill of $4,000 for Foreign Military Financing for
entertainment expenses and $130,000 for representation
allowances; $55,000 for International Military Education and
Training for entertainment; $4,000 for representation and
entertainment expenses for the Trade and Development Agency;
and $115,000 for the Millennium Challenge Corporation (MCC).
The House bill included $130,000 for the MCC, and the Senate
amendment included $2,000 and $125,000 for Foreign Military
Financing for entertainment and representation allowances,
respectively; $50,000 for International Military Education and
Training; $2,000 for the Trade and Development Agency; and
$100,000 for the MCC.
Sec. 515. Notification Requirements
The conference agreement does not include a Senate
provision requiring that the International Narcotics Control
and Law Enforcement and Andean Counterdrug Initiative accounts
be subject to the same reprogramming oversight procedures as
the Economic Support Fund account. The House bill did not
address this provision.
Sec. 517. Independent States of the Former Soviet Union
Similar to the Senate amendment, the conference agreement
does not include House subsection (a) restricting assistance to
the governments of certain countries unless they are making
progress in implementing economic reforms, and if these
governments used United States assistance to facilitate the
expropriation or seizure of assets.
Sec. 520. Special Notification Requirements
The conference agreement adds ``Pakistan'' and
``Cambodia'' to the list of countries proposed by the House to
be subject to the special notification procedures of this
section, similar to language proposed by the Senate. Compared
to current law, the conference agreement deletes the Democratic
Republic of the Congo.
Sec. 522. Child Survival and Health Activities
The conference agreement makes available not less than
$441,000,000 for family planning and reproductive health
activities from funds appropriated under title II of this Act,
rather than $450,000,000 as proposed by the Senate amendment.
The House addressed this matter in the House report and
included a level of $432,000,000.
Sec. 523. Afghanistan
The conference agreement provides that not less than
$980,000,000 of the funds appropriated by titles II and III
should be made available for humanitarian, reconstruction, and
related assistance for Afghanistan. The House bill included
$977,000,000 for such activities. The Senate amendment provided
not less than $504,450,000 for humanitarian and reconstruction
assistance from this Act.
The conference agreement does not include Senate language
that would have directed that not less than $225,000,000 be
made available for Afghanistan from the Economic Support Fund.
The House bill did not address this matter.
The conference agreement contains language, similar to a
Senate provision, providing that not less than $2,000,000
should be made available for the Independent Human Rights
Commission and other human rights groups. The House bill did
not address this matter.
The conference agreement contains language, similar to
that contained in the Senate amendment, which provides that
funds for the Afghan National Army should be provided dependent
on the vetting of members for involvement in a variety of
illicit activities. The House bill did not address this matter.
The conference agreement includes Senate language that
provides that not less than $2,000,000 should be provided for
reforestation activities in Afghanistan, and these funds would
be matched, to the maximum extent possible. The House bill did
not address this matter.
The conference agreement contains language, similar to
that in both the House bill and the Senate amendment, that
provides that $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and
girls, of which not less than $7,500,000 shall be made
available for small grants to improve the capacity of women-led
Afghan nongovernmental organizations.
The conference agreement does not include a Senate
provision that not less than $2,000,000 should be made
available for assistance for Afghan communities and families
that have suffered losses as a result of the military
operations. However, the managers support this program and
expect not less than $2,000,000 to be made available for
medical, rehabilitation, reconstruction, and other appropriate
assistance to Afghan communities and families to mitigate such
losses. The House bill did not address this matter.
Sec. 525. HIV/AIDS
The conference agreement includes a general provision,
``HIV/AIDS'', combining elements of section 525 of the House
bill and section 5025 of the Senate amendment. The new general
provision conditions 25 percent of the appropriation to the
Global Fund to Fight AIDS, Tuberculosis and Malaria, subject to
a waiver, on managerial and process changes at the Fund to
improve its efficiency and transparency. The managers have also
included language authorizing a ``Working Capital Fund'' to
strengthen the ability of the Office of the Global AIDS
Coordinator, USAID, and other agencies of the United States
Government to negotiate the lowest possible prices for safe,
effective pharmaceuticals and commodities.
Sec. 526. Democracy Programs
The conference agreement provides $19,000,000 under the
Economic Support Fund for activities to support democracy,
human rights and the rule of law in the People's Republic of
China and Hong Kong, instead of $35,000,000 as proposed by the
Senate, of which $15,000,000 is provided to the State
Department's Human Rights and Democracy Fund (HRDF) and
$4,000,000 to the National Endowment for Democracy (NED).
Subject to a matching requirement, funds are made available for
the conduct of such programs in Taiwan.
The conference agreement provides $15,000,000 under the
ESF account, instead of $25,000,000 as proposed by the Senate,
for programs to foster democracy, human rights, and other
programs in countries with significant Muslim populations and
where such programs would be important to respond to, deter, or
prevent acts of international terrorism. Of this amount,
$11,000,000 is provided to the HRDF and $4,000,000 to the NED.
The agreement provides $3,000,000 for programs that provide
professional training for journalists, including organizations
such as Internews, and $3,000,000 for activities to advance
democracy and human rights in Iran. The managers support the
use of funds for a conference to bring together Iranian
dissidents and advocates of freedom and justice in Iran to
explore opportunities for furthering democracy in that country.
Authority is provided to conduct such programs for Syria.
The conference agreement provides $4,500,000 to support
NED programs in sub-Saharan Africa, $500,000 less than the
level proposed by the Senate.
The conference agreement does not include a provision
proposed by the Senate that provides $10,000,000 to American
educational institutions for programs in China relating to
environment, democracy and the rule of law. This matter is
addressed in section 534.
Assistance provided under this section is subject to
regular notification procedures.
The managers request the State Department, in
consultation with USAID, to submit a report to the Committees
not later than 90 days after enactment of this Act on: the
standard definition of ``democracy and governance programs''
funded by the United States Government; a summary, including
budgetary totals, of USAID's democracy and governance programs
categorized by grants, cooperative agreements and contracts in
fiscal years 2003 and 2004; and, additional information on how
the proposed United Nations Democracy Fund could complement
ongoing, United States-funded democracy building activities.
The conference agreement addresses Tibet in section 581,
in a separate general provision as proposed by the Senate. The
House bill addressed Tibet under this section.
Sec. 531. Burma
The conference agreement includes in this section a
requirement, as proposed by the Senate, to instruct the United
States Executive Directors to the international financial
institutions to oppose loans and assistance for Burma. The
House did not address this matter.
Additionally, the conference agreement includes a
provision, similar to the Senate amendment, providing
$8,000,000 under the heading ``Economic Support Fund'' for
democracy and other activities in Burma and along the Burma-
Thailand border.
The conference agreement includes a provision similar to
the Senate amendment providing in addition to funds from
``Migration and Refugee Assistance'' not less than $4,000,000
to USAID for humanitarian assistance for displaced Burmese and
host communities in Thailand. The House did not address this
matter.
The conference agreement does not include a Senate
proposed requirement that none of the funds appropriated by
this Act may be made available to the central government of any
country that is a major provider of weapons to the State Peace
and Development Council (SPDC). The House did not address this
matter.
The managers express their concern for the safety and
welfare of Burmese democracy leaders Aung San Suu Kyi, U Tin
Oo, and other members of the National League for Democracy. The
managers call for the immediate, unconditional and safe release
of Suu Kyi, as well as all other political prisoners in Burma.
The conference agreement also includes language, similar
to section 5097 of the Senate amendment, that provides that
contributions from the Global Fund to Fight AIDS, Tuberculosis
and Malaria to the SPDC and its affiliate organizations will be
withheld according to the provisions of section 202 of Public
Law 108-25. The House did not address this matter.
Sec. 534. Special Authorities
In subsection (a), the conference agreement includes
House language providing certain authority for assistance for
Afghanistan, Pakistan, and Montenegro, assistance to victims of
war, and displaced Burmese. The conference agreement adds
Lebanon to that list of countries, as in the Senate amendment,
but does not include Senate language regarding Iraq and
programs to address sexual and gender-based violence. The
managers have included such language in section 564,
``Community-Based Police Assistance''.
In subsection (f), the conference agreement increases the
funding ceiling of $25,000,000 in section 451(a) of the Foreign
Assistance Act of 1961 to $45,000,000, instead of $50,000,000
as in the Senate amendment.
The conference agreement does not include subsection (j)
of the Senate amendment defining ``areas outside of the control
of the Government of Sudan''. The managers have included
similar language in section 569, ``Sudan''.
The managers have included subsection (k) of the Senate
amendment, addressing the adjudication of applications from
parolees from Indochina.
The conference agreement includes language, similar to
subsection (m) as proposed by the Senate, providing $2,000,000
for an endowment to document genocide and crimes against
humanity in Cambodia, and $3,750,000 for an endowment to
sustain rehabilitation programs for persons suffering from
physical disabilities in that country. The conference agreement
eliminates language contained in the Senate amendment
authorizing funds from future appropriations Acts to be used in
these endowments. The managers intend that prior year funds may
also be used to support these endowments, and the managers
understand that with respect to the endowment to document
genocide, an additional $2,000,000 may be made available from
fiscal year 2003 funding for a combined total of $4,000,000.
The managers request that USAID provide signed copies of the
endowment agreements to the Committees on Appropriations and
request that the agreements include a disposition of funds upon
future liquidation of the endowments. The House bill did not
address this matter.
The conference agreement does not include subsection (n)
of the Senate amendment making foreign extinction lists
applicable to United States fish and wildlife regulations and
law. The House bill did not address this matter.
The conference agreement includes subsection (o) of the
Senate amendment extending the availability of loan guarantees
to Israel from September 30, 2005, to September 30, 2007. The
House bill did not address this matter.
The conference agreement includes section (c) of section
5109 of the Senate amendment, ``United Nations Resolutions on
Israel'', requiring the Secretary of State to report how
governments vote at the United Nations on resolutions regarding
Israel that are opposed by the United States. The House bill
did not address this matter.
Subsection (p) of the Senate amendment regarding
affordable housing and the MCC is discussed under the heading
``Millennium Challenge Corporation''.
The managers provide authority for USAID, notwithstanding
any other provision of law and subject to the regular
notification procedures of the Committees, to provide
Development Assistance funds to American educational
institutions for programs and activities in the People's
Republic of China relating to the environment, democracy, and
the rule of law.
Sec. 543. Withholding of Assistance for Parking Fines and Real Property
Taxes Owed By Foreign Governments
The conference agreement includes language similar to
that proposed by the Senate, which requires withholding of
United States assistance to central governments of countries
with adjudicated unpaid real property taxes and parking fines
in the United States. The House bill did not address the issue
of property taxes.
Sec. 547. War Crimes Tribunals Drawdown
The conference agreement includes House language
authorizing up to $30,000,000 in drawdowns of commodities or
services for the United Nations War Crimes Tribunal for the
former Yugoslavia or other future tribunals. The Senate
amendment included $32,000,000 for such purposes.
Sec. 549. Haiti
The conference agreement appropriates funding for Haiti
at a level not less than $85,000,000 from Child Survival and
Health Programs Fund, Development Assistance, and Economic
Support Funds, which is $60,512,000 above the budget request.
The managers endorse the budget request for Haiti under Peace
Corps and Foreign Military Financing and note additional
assistance for Haiti is contained in the Global HIV/AIDS
Initiative and the Military Construction Appropriations and
Emergency Hurricane Supplemental Appropriations Act, 2005.
The managers recognize that improving the health of the
Haitian people will necessitate investments in prevention
activities, such as health outreach and behavioral change, in
order to stem the spread of illness and disease. The managers
note the pioneering work of Zanmi Lasante and direct that
$2,000,000 should be provided from this account to strengthen
and expand that organization's maternal child health activities
in Haiti's Central Plateau region. This amount is in addition
to other amounts that are provided by USAID to Zanmi Lasante
for HIV/AIDS activities under this account, and other headings
in the Act.
The conference agreement does not provide $2,000,000 for
the Hillside Agriculture Production program. The managers
understand that USAID is considering funding this activity at
nearly $1,000,000 in FY 2005, and support follow on activities
which broaden the program to include both agriculture and
environment.
The conference agreement does not provide funding under
the INCLE account for police training activities. The managers
recommend ESF funding for these purposes. The managers support
judicial reform programs to strengthen rule of law in Haiti.
The managers strongly support the holding of credible,
inclusive elections in Haiti in 2005, and direct that
sufficient funds be made available for election-related
activities through the Organization of American States. The
managers request the State Department to consult with the
appropriate committees on plans to support these elections.
The conference agreement does not include a Senate
provision requiring a plan for reforestation in Haiti. However,
concerns with deforestation in Haiti were reinforced by the May
2004 mudslides that caused widespread death and destruction.
The managers request the Administrator of USAID to consult with
the Secretaries of State, Agriculture, and Energy, with Haitian
officials, nongovernmental organizations and communities, and
with appropriate international donor agencies, to devise a
reforestation strategy for areas that are vulnerable to
erosion. The managers request the Administrator of USAID submit
a report not later than 180 days after enactment of this Act
containing such a strategy including funding requirements.
The managers also request that the Secretary of State
submit a report within 90 days after enactment of this Act
containing a multi-year assistance strategy for Haiti, with a
focus on security, employment, elections, health, education,
and the rule of law.
The managers were disappointed by the Haitian
Government's mishandling of the trial of Louis Jodel Chamblain
and note with growing concern the deteriorating security and
human rights situation in Haiti.
The managers support the work of the Cooperative
Association of States for Scholarships program and recommend
additional funding to expand its activities in Haiti.
Sec. 554. Cambodia
The conference agreement includes a provision, similar to
a Senate amendment, regarding assistance for Cambodia. The
managers remain concerned with the slow pace of political,
legal and economic reforms in that country, and the absence of
transparency and accountability on behalf of the Royal
Government of Cambodia (RGC).
The managers commend a recent USAID-funded assessment of
corruption in Cambodia, and are troubled by the lack of
political will demonstrated by the RGC and the Cambodian
People's Party in tackling the issues of lawlessness and
impunity in that country. The conference agreement provides
that $4,000,000 may be made available for activities to support
democracy in that country, and the managers have included an
exception for rule of law programs.
The conference agreement provides $1,000,000 in FMF
assistance for Cambodia, and conditions IMET assistance on the
provision of a list to the Committees, compiled by the
Secretary of State, of those individuals who have been credibly
alleged to have ordered or carried out the attack against the
Khmer Nation Party in 1997. This list may be provided in
classified form, if necessary. The managers expect FMF
assistance to strengthen border control and counterterrorism
efforts in Cambodia, and request that the Committees be
consulted prior to initiating any FMF related activities. The
managers recommend that the Secretary of State consult with
relevant United States Government agencies and international
nongovernmental organizations in compiling the IMET-required
list.
The conference agreement provides that assistance may be
made available for a Khmer Rouge genocide tribunal if the
Secretary of State makes a number of determinations regarding
the credibility and independence of Cambodia's judicial system
and the proposed tribunal.
Sec. 555. Palestinian Statehood
The conference agreement includes language similar to
that proposed by the House providing Presidential waiver
authority in circumstances ``vital'' to national security. The
Senate amendment would have provided such waiver authority in
circumstances ``important'' to national security.
Sec. 556. Colombia
The conference agreement includes a provision similar to
current law that conditions the provision of assistance to the
Colombian Armed forces, but includes a Senate proposed change
in subsection (2)(E) requiring a certification that the
Colombian Government is dismantling paramilitary leadership and
financial networks. The House bill and current law required the
Colombian Armed Forces to meet this condition.
The conference agreement does not include a Senate
provision requiring prior consultation with the Office of the
United Nations High Commissioner for Human Rights in Colombia,
with the International Committee of the Red Cross, and with the
appropriate congressional committees. The managers expect the
Secretary of State, prior to making the certifications required
by this section, to consider the opinion of the Office of the
United Nations High Commissioner for Human Rights in Colombia
regarding the conditions in section 556(2)(A) through (E) of
this Act and to consult with the Committees on Appropriations.
Sec. 559. West Bank and Gaza Program
The conference agreement does not include a Senate
provision creating a new subsection ``Certification''. The
agreement does include a new Senate subsection ``Prohibition''
that prohibits funds under this program from recognizing or
honoring individuals who commit acts of terrorism. The House
did not address either of these matters.
Sec. 560. Contribution to the United Nations Population Fund
The conference agreement provides $34,000,000 for the UN
Population Fund (UNFPA) for fiscal year 2005, as recommended by
the Senate. Of this amount, $25,000,000 is to be made available
from funds appropriated under ``International Organizations and
Programs'' (designated in the table as ``Reserve to be
allocated'') and the balance of $9,000,000 is to be made
available from funds appropriated under ``Child Survival and
Health Programs Fund''.
The conference agreement includes language that mandates
the reprogramming of $12,500,000 in fiscal year 2004 funds,
originally appropriated under ``International Organizations and
Programs'' in P.L. 108-199 for UNFPA, for anti-trafficking
programs and $12,500,000 in fiscal year 2004 funds, originally
appropriated under ``International Organizations and Programs''
in P.L. 108-199 for UNFPA, for family planning, maternal, and
reproductive health activities.
The conference agreement also includes language similar
to a Senate provision which requires that funds appropriated
under ``International Organizations and Programs'' in this Act
that are available for UNFPA (designated in the table as
``Reserve to be allocated''), that are not made available for
UNFPA because of the operation of any provision of law, shall
be transferred to ``Child Survival and Health Programs Fund''
and shall be made available for family planning, maternal, and
reproductive health activities. If transferred to ``Child
Survival and Health Programs Fund'', these funds would be
administered by USAID subject to the Committees' regular
notification procedures. The purpose of this provision is to
eliminate any ambiguity regarding the managers' intent that
funds appropriated for UNFPA that are not provided to UNFPA as
a result of the operation of any provision of law are to be
made available to USAID for family planning, maternal, and
reproductive health activities.
Sec. 563. Funding for Serbia
The conference agreement includes Senate language that
conditions assistance for the central government of Serbia,
after May 31, 2005, on certain specified conditions. The House
bill contained current law on this matter.
Sec. 564. Community-Based Police Assistance
The managers have included a general provision similar to
Senate proposed language expanding the authorities in current
law to allow USAID to participate in programs that improve
community policing. The House bill limited the authority to
Jamaica and El Salvador, the same as current law. The expanded
authorities in this section are limited to improving the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic
governance. The section includes a consultation requirement
that the managers expect to be invoked at the preliminary
planning stages of such programs. The section further provides
that the notification of the Committees on Appropriations is
required before any obligation of funds using the authority of
this section. The House bill included a provision similar to
current law.
Sec. 565. Special Debt Relief for the Poorest
The conference agreement includes language similar to the
Senate amendment providing the President authority to reduce
debt owed to the United States as a result of obligations to
pay for purchases of United States agricultural commodities
under export credit guarantee programs. The House bill did not
include this authority.
Sec. 567. Basic Education
The conference agreement includes language proposed by
the House that provides not less than $400,000,000 for basic
education from title II of this Act shall be available. The
Senate amendment would have provided that not less than
$335,000,000 from title II of this Act should be for such
purposes.
Sec. 568. Reconciliation Programs
The conference agreement provides $12,000,000 from the
Economic Support Fund account for such programs similar to the
House bill. The Senate amendment provided $15,000,000 for such
purposes.
Sec. 569. Sudan
The conference agreement includes a new provision,
similar to section 531 of the House bill, that provides not
less than $311,000,000 from this Act for Sudan. As in the House
bill, no funds from this Act may be available for assistance
for the Government of Sudan or to alleviate the sovereign debt
of that government unless specific steps are taken to improve
security and humanitarian assistance in Darfur. In addition to
the notification procedures required for Sudan in section 520,
this general provision limits the amount of ``International
Disaster and Famine Assistance'' and ``Transition Initiatives''
funds that may be spent without notification outside of Darfur
to $45,000,000. The section also provides the Administration
the authority to continue current projects and programs in
Sudan.
This section also includes modified language from
sections 5103 and 5105 of the Senate amendment providing
$75,000,000 in emergency appropriations for ``Peacekeeping
Operations'' to support peace and humanitarian intervention
operations for Sudan, and an additional $18,000,000 for
``International Disaster and Famine Assistance'' for
humanitarian assistance and related activities for Sudan. The
managers intend that the additional Peacekeeping Operations
funding will be used to support the African Union operation in
Darfur.
Language is included designating the entire amount as an
emergency. The Secretary of State is instructed to consult with
the Committees on Appropriations regarding the proposed uses of
these funds within 30 days of enactment of this Act.
For purposes of Section 402(a)(2) of S. Con. Res. 95
(108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress), funds made
available pursuant to this section are provided in response to
a situation which poses a direct threat to life and property,
is sudden, is an urgent and compelling need, is unpredictable,
and is not permanent in nature.
Sec. 570. Trade Capacity Building
The managers recommend that not less than $507,000,000
should be made available for trade capacity building assistance
from several accounts in title II of this Act. The House bill
recommended $517,000,000 for this purpose and the Senate did
not address this matter.
In this section, the conference agreement provides
$20,000,000 for capacity building activities under ``Economic
Support Fund'' related to the free trade agreement between the
United States and the countries of Central America and the
Dominican Republic. The managers expect that such activities
should include labor cooperation, capacity building priorities
on fundamental labor rights and the elimination of child labor,
and improvements in labor administration. Additionally, the
managers note that these activities should also include
programs relating to the environment, specifically technical
assistance on the development and enforcement of environmental
laws and regulations, environmental management systems,
partnerships to enhance environmental efforts, and market-
related and economically sustainable conservation programs.
Prior to the obligation of funds for these purposes, the
managers request that the Department of State consult with the
Committees on Appropriations.
Sec. 572. Indonesia
The conference agreement includes language similar to
that of the Senate amendment regarding assistance for Indonesia
under the accounts ``International Military Education and
Training'' (IMET) and ``Foreign Military Financing Program''
(FMF).
The managers note the recent election of Indonesia
President Susilo Bambang Yudhoyono and look forward to a
cooperative relationship on a broad range of issues including
anti-terrorism and military reform. The managers note the
opportunity for improved and enhanced military-to-military
relations.
However, the managers remain concerned with the slow pace
of military reforms in that country, and that members of the
Indonesian Armed Forces continue to avoid justice in cases
involving gross violations of human rights, including those
committed in East Timor. The managers condition FMF assistance
and licenses for the export of lethal defense articles on a
certification by the Secretary of State.
The conference agreement again conditions IMET assistance
on the Indonesian Armed Forces cooperation with the FBI's
investigation into the August 31, 2002 murders of two American
citizens and one Indonesian citizen. Expanded IMET assistance
is not subject to this condition. The managers strongly
encourage the Indonesian Government to redouble efforts to
resolve this case in a credible and professional manner.
The House bill included language similar to that of the
Senate on the provision of IMET assistance. The House bill did
not address the issue of FMF assistance for Indonesia in this
section, but prohibited assistance in the bill language under
that account.
Sec. 573. Limitation on Contracts
The conference agreement includes language, similar to
that in the House bill, which prohibits funds from this Act
from being used to fund any contract contravening section
8(d)(6) of the Small Business Act, which requires certain
reporting and certification requirements from government
subcontractors. The Senate did not address this matter.
Sec. 574. Limitation on Economic Support Fund Assistance for Certain
Foreign Governments that are Parties to the International
Criminal Court
The conference agreement includes language in subsection
(a) prohibiting the use of funds appropriated under the
Economic Support Fund for assistance to any government of a
country that is a party to the International Criminal Court
(ICC) and has not entered into an agreement with the United
States pursuant to Article 98 of the Rome Statute preventing
the ICC from proceeding against United States personnel present
in such country.
In subsection (b), the President is given the authority,
without prior notice to Congress, to waive the prohibition of
subsection (a) with respect to a North Atlantic Treaty
Organization (NATO) member country, a major non-NATO ally (as
specified in this subsection), or Taiwan if he determines and
reports to the appropriate congressional committees that it is
important to the national security interests of the United
States.
In subsection (c), the President is given the authority,
without prior notice to Congress, to waive the prohibition in
subsection (a) for a particular country if he determines and
reports to the appropriate congressional committees that such
country has entered into an agreement with the United States
pursuant to Article 98.
In subsection (d) language is included that exempts
assistance under the Millennium Challenge Act from the
prohibition of this section, notwithstanding section
606(a)(2)(B) of such Act.
The House bill included the same language as contained in
subsection (a). The Senate amendment did not address this
matter.
Sec. 575. Prohibition against Direct Funding for Saudi Arabia
The conference agreement includes language that prohibits
assistance to Saudi Arabia, but allows for assistance to be
provided if the President certifies to the Committees on
Appropriations, 15 days prior to the obligation of funds for
assistance for Saudi Arabia, that Saudi Arabia is cooperating
with efforts to combat international terrorism and that the
proposed assistance will help facilitate that effort. The House
bill did not contain a waiver provision. The Senate amendment
did not address this matter.
Sec. 576. Environment Programs
The conference agreement provides that $165,000,000 in
development assistance shall be made available for biodiversity
programs, of which $8,000,000 should be made available to
implement a new regional strategy for biodiversity conservation
in countries comprising the Amazon basin of South America,
which is additional to the amounts requested for biodiversity
activities in the Amazon basin in fiscal year 2005. The Senate
proposed $15,000,000. The managers note that $7,000,000 in
unobligated fiscal year 2004 funds are also available for this
purpose. The managers request to be consulted prior to the
obligation of funds.
The conference agreement does not include a Senate
provision that not less than $17,500,000 should be made
available for the Congo Basin Forest Partnership, of which not
less than $2,500,000 should be made available for the Great
Apes Conservation Fund administered by the United States Fish
and Wildlife Service for use in Central Africa. However, the
managers support these conservation programs and expect these
amounts to be made available for these purposes.
The conference agreement includes language similar to a
Senate provision making $180,000,000 available for clean energy
and other climate change policies and programs in developing
countries. Of this amount, $100,000,000 should be made
available to promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies. The
managers are concerned that funding for these energy
activities, and for USAID's Office of Energy and Information
Technology, has decreased in recent years, and have therefore
provided $15,000,000 above the amount allocated by USAID in
fiscal year 2004 for these purposes. The managers request USAID
to submit a report not later than 90 days after enactment of
this Act, describing activities funded and funding amounts for
each type of energy program. The managers request that the
Caribbean be considered by USAID for support for solar, hydro
and other renewable energy technologies, in addition to the
regions listed in the Senate report.
The conference agreement includes in this section the
same language as Senate section 5101 that requires the
Secretary of Treasury to inform the international financial
institutions (IFIs) that it is United States policy not to
provide assistance for natural resource extraction and export
until a number of transparency guidelines are met with respect
to revenues and expenditures. Additionally the section requires
a report describing assistance by the IFIs for natural resource
extraction and export. The House did not address this matter.
Sec. 577. Uzbekistan
The conference agreement contains language proposed by
the Senate that provides that assistance to the Government of
Uzbekistan may be made available only if the Secretary of State
determines and reports that the Government is making
substantial progress in meeting its bilateral commitments in
the Declaration of Strategic Partnership with the United
States. The House bill did not address this matter.
Sec. 578. Central Asia
The conference agreement contains language proposed by
the Senate that provides that assistance to the Government of
Kazakhstan may be made available upon a determination and
report by the Secretary of State that Kazakhstan has made
significant improvements in the protection of human rights
during the preceding six months. The Senate provision includes
a national security waiver. It also requires the Secretary of
State to submit periodic reports on the provision of defense
articles, services, and financial assistance to the countries
of Central Asia. The House bill did not address this matter.
Sec. 579. Disability Programs
The managers strongly support the rights of people with
disabilities and direct funding be made available to support
policies and programs on behalf of people with disabilities in
developing countries. The managers note that USAID has already
designated a Disability Coordinator, and expect the USAID
Disability Coordinator and the State Department to work
together to devise a plan for their respective roles in
administering these funds, in consultation with the Committees
on Appropriations.
The managers have provided authority to use a portion of
the funds for an international conference on the needs of
people with disabilities, including disability rights, advocacy
and access. USAID and the Department of State are to consult
with the Committees on Appropriations regarding any plan to
sponsor such a conference.
Sec. 580. Zimbabwe
The conference agreement includes language the same as
current law and similar to section 5073 of the Senate amendment
that requires the Secretary of the Treasury to take certain
punitive measures against the Government of Zimbabwe. The House
bill did not address this matter.
Sec. 581. Tibet
The conference agreement contains language similar to
that contained in the House bill in section 526, and in the
Senate amendment in section 5074, that provides that of the
funds appropriated to the Economic Support Fund, not less than
$4,000,000 should be made available to nongovernmental
organizations which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities. In addition, the conference agreement
provides that $250,000 should be made available for human
rights and democracy programs through the National Endowment
for Democracy.
Sec. 582. Nigeria
The conference agreement includes Senate language
requiring a report (which should be provided within 90 days of
enactment) on the involvement of the Nigerian Armed Forces in
an incident in Benue State, the steps being taken to prosecute
those involved, and whether such units have received United
States assistance. The House bill did not address this matter.
Sec. 583. Discrimination against Minority Religious Faiths in the
Russian Federation
The conference agreement includes Senate language
prohibiting any funds from this Act for the Government of the
Russian Federation after 180 days from enactment of this Act,
unless the President determines and certifies that the
Government of the Russian Federation has implemented no
government action discriminating against religious groups or
communities. The House bill did not address this matter.
Sec. 584. Central America
The conference agreement includes a new general provision
providing funds for countries of Central America. Subsection
(a) provides that of the funds appropriated by this Act under
the headings ``Child Survival and Health Programs Fund'' and
``Development Assistance'', not less than the amount of funds
initially allocated pursuant to section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2004 should be made
available for El Salvador, Guatemala, Nicaragua and Honduras.
The managers note that the total funding levels for these
countries are as follows: $35,755,000 for El Salvador,
$22,499,000 for Guatemala, $35,144,000 for Honduras, and
$35,011,000 for Nicaragua. The House bill did not address this
matter, and the Senate amendment addressed only Nicaragua and
Guatemala.
Subsection (b) includes a provision similar to the Senate
amendment conditioning $3,227,000 of funds provided in prior
years Acts for the Guatemala Military Assistance Program. The
House did not address this matter.
Subsection (c) includes a provision identical to Senate
section 5088 that amends section 527 of the Foreign Relations
Authorization Act for fiscal years 1994 and 1995 to exempt the
government of Nicaragua from sanctions as a result of
expropriation of property claims after a certain date set by
the Secretary of State.
The managers note that the Procuraduria de la Republica
in Nicaragua and the Fiscalia de Anti-corrupcion in Guatemala
have played leading roles in the fight against corruption in
Central America. Both have assembled impressive track records
of investigations, arrests and convictions involving the misuse
of government funds that are unprecedented in each country. The
managers endorse Senate report language recommending $250,000
for the Procuraduria and $250,000 for the Fiscalia in fiscal
year 2005.
Sec. 585. War Crimes in Africa
The conference agreement includes a Senate provision
conditioning funding to the central government of any country
where specific war criminals are living on a determination by
the Secretary of State that such government is making efforts
to cooperate with specified criminal tribunals and special
courts. Funding for ``Peacekeeping Operations'' and projected
economic assistance are exempt from this restriction.
Sec. 586. Admission of Refugees
The conference agreement provides language similar to
section 5081 of the Senate amendment that advises the Secretary
of State to use private voluntary organizations with relevant
expertise in the processing, identification, and referral of
refugees and advises the Secretary of State to develop a system
for accepting referrals from local private, voluntary
organizations, and outlines categories of special consideration
for admission. The provision does not include a report required
in the Senate language. The House bill did not address this
matter.
Sec. 587. Code of Conduct
The conference agreement continues previous year language
that prohibits refugee and humanitarian assistance funding
under the heading ``Migration and Refugee Assistance'' and
``Office of Transition Initiatives'' to an organization that
has not adopted a code of conduct consistent with the Inter-
Agency Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises six core
principles. Additionally the provision advises the Secretary of
State and the Administrator of USAID to incorporate policies
and programs to identify the needs of, and threats to, women
and children at the various stages of a complex humanitarian
emergency. The provision is similar to the Senate amendment.
The House bill did not address this matter.
Sec. 588. United States Agency for International Development Hiring
Authority
The conference agreement provides authority for USAID to
use up to $37,500,000 to hire 175 Foreign Service Limited
employees. The Senate provided $25,000,000 for an USAID pilot
management initiative and $12,500,000 in hiring authority. For
many years, USAID has used multiple personnel authorities, such
as Personal Services Contracts (PSCs), Participating Agency
Service Agreements (PASAs), Resources Support Service
Agreements (RSSAs) and other mechanisms to obtain the services
of individuals necessary to carry out USAID's programs.
Many of these individuals have unique skills that USAID
will require only for a limited duration, although in most
other respects these individuals are indistinguishable from
USAID employees. USAID estimates it has over 800 of these
individuals now working in Washington and in overseas missions.
The salary and support costs of these individuals are currently
included in appropriations for program accounts.
Prior to using the authority, USAID must meet several
conditions, including: a comprehensive work force analysis and
a one for one reduction in the number of PSCs, PASAs, RSSAs and
other staff. The managers expect this authority to help
rationalize USAID's personnel practices and make more
transparent the costs of program implementation. It will lead
to budget savings as USAID is now required to pay other
agencies and entities overhead costs of as much as 30 and 40
percent when it uses outside staff.
The conference agreement includes language under this
section similar to section 5083 of the Senate amendment, which
allows USAID to use program funds to cover the costs of staff
working to mitigate the effects of natural disasters. The
managers note that this authority should be used sparingly and
only when necessary to enable USAID to cope with the
consequences of natural disasters, such as those on the scale
of Hurricane Mitch in Central America in 1999.
Sec. 589. Overseas Private Investment Corporation and Export-Import
Bank Restrictions
The conference agreement includes a provision identical
to the Senate amendment and current law that prohibits the use
of funds by OPIC and the Export-Import Bank to finance
investments in connection with a project involving diamonds in
a country that is not implementing the requirements developed
by the Kimberley Process, or is not undertaking other measures
that the Secretary of State determines to contribute to the
elimination of the trade in conflict diamonds.
Sec. 590. Security in Asia
The conference agreement does not include Senate language
that would have specified military assistance for a number of
countries in Asia. Funding for these countries is addressed in
the Statement of the Managers in the table under the heading
``Foreign Military Financing Program''. The House bill did not
address these matters.
The conference agreement provides FMF assistance to a
number of Asian countries not included in the 2005 budget
request, including Cambodia, Indonesia, Fiji, Tonga, and
Bangladesh, and additional assistance above the request for
Mongolia, Thailand and Nepal. The managers endorse Senate
report language regarding terrorism in Southeast Asia.
The conference agreement provides FMF assistance for the
Indonesian navy in order to enhance maritime security, subject
to a report by the Secretary of State that the navy is not
violating human rights and is cooperating with civilian
judicial authorities on cases involving human rights
violations. The provision of such assistance is subject to
notification.
The conference agreement also provides that FMF
assistance for Cambodia may be made available notwithstanding
section 554 of this Act, subject to notification.
The managers deplore and condemn atrocities committed by
Maoist insurgents in Nepal, and commend the Government of Nepal
for recognizing the need for a political solution to this
conflict. The conference agreement conditions FMF assistance on
a number of determinations by the Secretaryof State regarding
the Government of Nepal's efforts to promote and protect human rights,
and includes a national security waiver.
Sec. 591. HIPC Debt Reduction and Trust Fund
The conference agreement includes a section identical to
Senate section 5093 that authorizes not more than $150,000,000
for contributions to the HIPC Trust Fund. The House did not
address this matter.
Sec. 592. Compliance with the Algiers Agreement
The conference agreement includes language similar to a
Senate provision restricting United States assistance, with
certain exceptions and a waiver provision, to the central
governments of Ethiopia or Eritrea unless the Secretary of
State certifies that such governments are taking steps to
comply with the Algiers Agreements. The House did not address
this matter.
Sec. 593. Administrative Provisions Related to Multilateral Development
Banks
The conference agreement includes language similar to
Senate section 5099 related to a number of environmental
provisions for the multilateral development banks. The House
did not address this matter.
Sec. 594. Vietnamese Refugees
The conference agreement includes language similar to
section 5100 of the Senate amendment which makes certain
potential Vietnamese refugees eligible to be considered
refugees ``of special humanitarian concern'' and to be
resettled in the United States.
Sec. 595. Joint Explanatory Statement
The conference agreement includes a new general provision
requiring that funds in the following accounts be allocated as
indicated in the respective tables in the statement of the
managers accompanying this Act: Economic Support Fund,
Assistance to Eastern Europe and the Baltic States, Assistance
for the Independent States of the Former Soviet Union,
Nonproliferation, Anti-terrorism, Demining and Related
Programs, Andean Counterdrug Initiative, Foreign Military
Financing Program, and International Organizations and
Programs. Any change to these allocations is subject to the
regular reprogramming procedures of the Committees on
Appropriations.
Provisions Not Adopted by the Conferees
The conference agreement does not include section 5025 of
the Senate bill, ``HIV/AIDS Working Capital Fund''. The
contents of the section are included in section 525 of the
conference agreement ``HIV/AIDS''. The House did not address
this matter.
The conference agreement does not include section 569 of
the House bill or section 5095 of the Senate amendment, ``Debt
Restructuring Authority'' authorizing funds from the Iraq
Relief and Reconstruction Fund to be used for the costs of debt
relief for Iraq or Senate language amending the sectoral
allocations for the Iraq Relief and Reconstruction Fund as
specified in the fiscal year 2004 Emergency Supplemental for
Iraq and Afghanistan. The provisions of this section were
enacted in Public Law 108-309, the continuing resolution for
fiscal year 2005. Senate language in this section providing the
Overseas Private Investment Corporation authorization to work
in Iraq during fiscal year 2005 is included under title I of
this Act.
The conference agreement does not include section 572 of
the House bill or section 5091 of Senate amendment, each
regarding Cuba.
The conference agreement does not include section 573 of
the House bill, ``Office of the Inspector General of the CPA''.
A similar provision was enacted in Public Law 108-375, the
Defense Authorization Act, 2005. The Senate amendment did not
address this matter.
The conference agreement does not include section 574 of
the House bill, ``Oversight of Iraqi Reconstruction''. The
provisions of this section were enacted in Public Law 108-309,
the continuing resolution for fiscal year 2005. The Senate
amendment did not address this matter.
The conference agreement does not include section 576 of
the House bill, ``Limitation on Attendance at Conferences
Outside the United States''. The Senate amendment did not
address this matter.
The conference agreement does not include section 5076 of
the Senate amendment, ``University Programs''. The House bill
did not address this matter.
The conference agreement does not include section 578 of
the House bill, ``Prohibition on Use of Funds for Certain
Purposes''. The Senate amendment did not address this matter.
The conference agreement does not include section 579 of
the House bill, ``Prohibition on Use of Funds to Request the
United Nations to Assess the Validity of Elections in the
United States''. The Senate amendment did not address this
matter.
The conference agreement does not include section 580 of
the House bill, ``Limitation on Provision by the Export-Import
Bank of Credit to Entities Reincorporating Overseas''. The
Senate amendment did not address this matter.
The conference agreement does not include section 5083 of
the Senate amendment regarding ``Disaster Surge Capacity''.
This matter is addressed in section 588, ``USAID Hiring
Authority''. The House bill did not address this matter.
The conference agreement does not include Senate section
5084 requiring a report by the Secretary of State setting forth
procedures and guidelines for (1) implementing the President's
Proclamation dated January 12, 2004, which established a policy
of denying entry into the United States to corrupt current and
former public officials and certain members of their families;
and (2) for making public the names of those individuals who
have been denied entry as a result of such Proclamation.
However, the managers request the Secretary of State to submit
this report to the Committees on Appropriations not later than
60 days after enactment of this Act.
The conference agreement does not include section 5085 of
the Senate amendment regarding ``Assistance for Victims of
Torture''. This matter was addressed in the House report.
The conference agreement does not include section 5086 of
the Senate amendment regarding ``United States Agency for
International Development Pilot Management Initiative''. This
matter is addressed in section 588 ``USAID Hiring Authority''.
The House bill did not address this matter.
The conference agreement does not include section 5088 of
the Senate amendment regarding ``Certain Claims for
Expropriation by the Government of Nicaragua'' but the contents
of the section are included in section 584 ``Central America''.
The House bill did not address this matter.
The conference agreement does not include section 5093 of
the Senate amendment regarding ``Assistance to Millennium
Challenge Candidate Countries''. This matter is addressed under
the heading ``Millennium Challenge Corporation'' where the
House bill addresses this matter.
The conference agreement does not include section 5094 of
the Senate amendment regarding the ``Chernobyl Nuclear Power
Plant''. The House did not address this matter. The managers
expect the Government of the Russian Federation to pledge and
contribute funds for the construction of a new shelter over the
Chernobyl nuclear power plant, and will continue to closely
follow developments in this matter.
The conference agreement does not include section 5097 of
the Senate amendment regarding ``North Korea and Burma''. The
provisions regarding Burma are addressed in section 531,
``Burma'', of the conference agreement. The House bill did not
address this matter.
The conference agreement does not include section 5098 of
the Senate amendment regarding ``Thailand''. The House bill did
not address this matter. The managers urge the Government of
Thailand to promote reconciliation and peace in Burma and to
respect the human rights and dignity of Burmese refugees and
displaced persons residing in Thailand. The managers also
request the Government of Thailand to address the situation in
southern Thailand in a manner consistent with Thai laws and
international obligations, including those ensuring the
protection of human rights. The conference agreement provides
$1,000,000 in ESF for programs to promote democracy and press
freedoms. The managers request the State Department to consult
with the Committees on the use of these funds.
The conference agreement does not include section 5102 of
the Senate amendment regarding ``Assistance for Foreign
Nongovernmental Organizations''. The House bill did not address
this matter.
The conference agreement does not include section 5104 of
the Senate amendment regarding ``Additional Funds for the
Global Fund to Fight AIDS, Tuberculosis and Malaria''. The
conference agreement appropriates funding for a contribution to
the Global Fund under the heading ``Child Survival and Health
Programs Fund'', as in the House bill.
The conference agreement does not include section 5105 of
the Senate amendment regarding ``Support for African Union
Mission in Darfur, Sudan''. The conference agreement addresses
this issue in section 569, ``Sudan''. The House bill did not
address this issue.
The conference agreement does not include section 5106 of
the Senate amendment regarding ``Improving Security in Haiti''.
The conference agreement addresses Haiti in section 549, as in
the House bill.
The conference agreement does not include section 5107 of
the Senate amendment regarding ``Report on Global Poverty and
National Security''. The House did not address this matter. The
managers direct the Secretary of State, in consultation with
other relevant agencies, to fulfill the reporting requirements
of this provision not later than 180 days after enactment of
this Act.
The conference agreement does not include section 5108 of
the Senate amendment regarding ``Report on Education Reform in
Pakistan''. The House did not address this matter. The managers
direct the Secretary of State to fulfill the reporting
requirements of this provision not later than 90 days after
enactment of this Act.
The conference agreement does not include section 5109 of
the Senate amendment regarding ``United Nations Resolutions on
Israel''. The conference agreement includes language under
section 534 requiring the Secretary of State to report how
governments vote at the United Nations on resolutions related
to Israel that are opposed by the United States. The House bill
did not address this matter.
The conference agreement does not include section 5110 of
the Senate amendment regarding ``Sense of the Senate on
Violations of Religious Freedom in Saudi Arabia''. The House
bill did not address this matter.
The conference agreement does not include section 5111 of
the Senate amendment regarding ``Support for the Political
Independence of Lebanon''. The House bill did not address this
matter.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $38,717,018
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 21,360,830
House bill, fiscal year 2005............................ 19,428,145
Senate bill, fiscal year 2005........................... 19,653,500
Conference agreement, fiscal year 2005.................. 19,839,960
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. -18,877,058
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. -1,520,870
House bill, fiscal year 2005........................ +411,815
Senate bill, fiscal year 2005....................... +186,460
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
The conference agreement on the Department of the
Interior and Related Agencies Appropriations Act incorporates
some of the provisions of both the House passed and the Senate
reported versions of the bill. Report language and allocations
set forth in either House Report 108-542 or Senate Report 108-
341 that are not changed by the conference are approved by the
committee of conference. The statement of the managers, while
repeating some report language for emphasis, does not negate
the language referenced above unless expressly provided herein.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
The conference agreement provides $848,939,000 for
management of lands and resources instead of $840,401,000 as
proposed by the House and $855,689,000 as proposed by the
Senate.
Land Resources.--Changes to the House level for land
resources include increases of $500,000 for the National Center
for Invasive and Plant Management and $500,000 for Idaho weed
control, and a reduction of $3,947,000 to reflect a transfer to
the wild horse and burro program.
Wildlife and Fisheries.--The change to the House level
for wildlife and fisheries is a reduction of $603,000 to
reflect a transfer to the wild horse and burro program. The
managers agree to the House-proposed funding level for the
National Fish and Wildlife Foundation and direct the Foundation
to use the funding increase above fiscal year 2004 for projects
that support sagebrush ecosystem conservation on public and
private lands.
Threatened and Endangered Species.--The change to the
House level for threatened and endangered species is a
reduction of $576,000 to reflect a transfer to the wild horse
and burro program.
Recreation Management.--Changes to the House level for
recreation management include an increase of $1,000,000 for the
Undaunted Stewardship Program and decreases of $1,000,000 for
nationwide recreation management, and $1,039,000 to reflect a
transfer to the wild horse and burro program. The managers urge
the Bureau to comply with the provisions of the Steens Act and
allow landowner, lessee and inholder access to their property
within the boundary of the Steens Mountain Cooperative
Management and Protection Area. Unless funding is provided for
land acquisitions or exchanges, landowners should be afforded
full access to their property.
Energy and Minerals.--Changes to the House level for
energy and minerals include an increase of $1,000,000 for oil
and gas management and $250,000 for coal management.
Alaska Minerals.--The change to the House level for
Alaska minerals is an increase of $1,768,000.
Realty Ownership and Management.--Changes to the House
level for realty and ownership management include increases of
$9,500,000 for Alaska conveyance, $300,000 for GIS mapping in
Utah, $750,000 for the Alaska public lands database, and
$1,000,000 for recordable disclaimer applications in Alaska,
and a decrease of $144,000 to reflect a transfer to the wild
horse and burro program.
Resource Protection and Maintenance.--Changes to the
House level for resource protection and maintenance include an
increase of $1,500,000 for monitoring, and decreases of
$600,000 for nationwide law enforcement and $1,309,000 to
reflect a transfer to the wild horse and burro program.
Transportation and Facilities Maintenance.--Changes to
the House level for transportation and facilities maintenance
are an increase of $1,500,000 for capping oil wells in the
National Petroleum Reserve Alaska, and a decrease of $2,145,000
to reflect a transfer to the wild horse and burro program. The
managers agree to the House level on deferred maintenance,
which shifts the funding for the infrastructure improvement
program into the deferred maintenance program. These two
funding sources address identical project types and this shift
will consolidate and streamline maintenance budget activities
in the Bureau.
Land and Resource Information Systems.--The change to the
House level for land and resource information systems is a
decrease of $493,000 to reflect a transfer to the wild horse
and burro program.
Workforce and Organizational Support.--Changes to the
House level for workforce and organizational support include
increases of $583,000 for e-government initiatives, $208,000
for Quickhire, and $570,000 for competitive sourcing, and
decreases of $291,000 for Safecom and $244,000 to reflect the
transfer to the wild horse and burro program.
Challenge Cost Share.--The managers agree to the House
level for the challenge cost share program.
Bill Language.--The conference agreement does not include
language carried in previous years concerning the management of
wild horses and burros.
WILDLAND FIRE MANAGEMENT
The conference agreement provides $743,099,000 for
wildland fire management as proposed by both the House and the
Senate.
Hazardous Fuels.--The change to the House level for
hazardous fuels is a decrease of $5,000,000.
State and Local Fire Assistance.--The change to the House
level for State and local fire assistance is an increase of
$5,000,000.
The managers note that the conference agreement provides
an additional $100,000,000 in Title IV of this bill for urgent
wildfire suppression activities.
The managers remain concerned about the need to control
suppression costs. The managers are concerned that effective
performance measures are not in place on an inter-agency basis
to report on suppression costs. It is imperative that the
Secretaries establish appropriate performance metrics promptly.
This includes the integration of reporting systems,
implementation of polices through the Wildland Fire Leadership
Council for cost reporting, and responding to findings of the
independent cost control review panel established under Public
Law 108-287. The managers direct the Secretaries to submit a
report no later than June 30, 2005, on performance measures
planned for implementation in fiscal year 2006 to be used on an
inter-agency basis.
The managers direct the Bureau to continue the native
plant materials development effort at the fiscal year 2004
level.
CENTRAL HAZARDOUS MATERIALS FUND
The conference agreement provides $9,855,000 for the
central hazardous materials fund as proposed by the House and
the Senate. The managers do not agree with the budget proposal
to transfer unobligated funds to the EPA. The managers
reiterate that the Bureau?s liability does not extend beyond
past payments.
CONSTRUCTION
The conference agreement provides $11,500,000 for
construction instead of $15,000,000 as proposed by the House
and $8,976,000 as proposed by the Senate.
Changes to the House level for construction include
increases of $1,500,000 for construction of the California
Trail Interpretive Center in Nevada, which completes the
Department of the Interior?s contribution to this project,
$750,000 for the Sand Hollow Recreation MOU with the State of
Utah, and $750,000 for the White Sandy Beach on Houser Lake in
Montana, and a decrease of $6,500,000 for general construction
projects.
The managers are concerned about the relatively low level
of construction funding provided to the Bureau compared to
other land management agencies and urge the Administration to
place more emphasis on providing adequate funding for large
deferred maintenance construction projects on public lands.
LAND ACQUISITION
The conference agreement provides $11,350,000 for land
acquisition instead of $4,500,000 as proposed by the House and
$22,850,000 as proposed by the Senate.
The managers agree to the following distribution of
funds:
Area (State) Amount
Blackfoot River Watershed (MT).......................... $5,000,000
Boise Front ACEC (ID)................................... 1,000,000
California Wilderness (CA).............................. 750,000
Chain-of-Lakes RMA/Lewis and Clark NHT (MT)............. 3,500,000
Colorado Canyons NCA (CO)............................... 1,500,000
Grande Ronde National Wild and Scenic River (OR/WA)..... 500,000
Snake River Breaks ERMA (Swede's Landing) (OR).......... 150,000
Henrys Lake ACEC (ID)................................... 750,000
Rio Grande Natl. Wild & Scenic River (NM)............... 2,700,000
Sandy River/Oregon NHT (OR)............................. 1,000,000
^10,000,000.............................................................
Subtotal.......................................... 6,850,000
Acquisition Management.................................. 3,000,000
Emergency/Inholdings.................................... 1,500,000
Land Exchange Equalization Payment...................... 0
--------------------------------------------------------
____________________________________________________
Total............................................. 11,350,000
The managers expect the Bureau to ensure that
acquisitions associated with the Blackfoot Challenge are
consistent with Federal appraisal standards. The Bureau should
not pay more than the fair market value determined by those
appraisals.
OREGON AND CALIFORNIA GRANT LANDS
The conference agreement provides $109,057,000 for Oregon
and California grant lands instead of $111,557,000 as proposed
by the House and $113,558,000 as proposed by the Senate. The
change to the House level is a decrease of $2,500,000 for
judgment fund repayment.
RANGE IMPROVEMENTS
The conference agreement provides an indefinite
appropriation for range improvements of not less than
$10,000,000 as proposed by both the House and the Senate.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The conference agreement provides an indefinite
appropriation for service charges, deposits, and forfeitures,
which is estimated to be $24,490,000 by both the House and the
Senate.
MISCELLANEOUS TRUST FUNDS
The conference agreement provides an indefinite
appropriation of $12,405,000 for miscellaneous trust funds as
proposed by both the House and the Senate.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
The conference agreement provides $977,205,000 for
resource management instead of $970,494,000 as proposed by the
House and $966,265,000 as proposed by the Senate. The changes
described below are to the House recommended funding level.
Ecological Services.--Changes to ecological services
programs, including Endangered Species Act programs and habitat
conservation programs, are detailed below.
In Endangered Species Act candidate conservation, there
are increases of $150,000 for Kootenai River burbot and $10,000
for slickspot peppergrass, and a decrease of $750,000 for
Alaska sea otter, which is addressed under the recovery
program.
In the Endangered Species Act listing program, there is a
decrease of $726,000; however, the number that appears in bill
language is higher to reflect the recent changes to the
Service?s cost allocation methodology as explained below.
In Endangered Species Act consultation, there is a
decrease of $750,000 for the natural communities conservation
planning program in California.
In Endangered Species Act recovery, there are increases
of $2,000,000 for Atlantic salmon grants administered by the
National Fish and Wildlife Foundation, $500,000 for Lahonton
cutthroat trout, $350,000 for White Sulphur Springs NFH, WV,
freshwater mussel recovery, $1,800,000 for eider and sea otter
recovery at the Alaska SeaLife Center, and $250,000 for concho
water snake delisting efforts in Texas. Decreases include
$500,000 in base program funding and $300,000 in wolf
monitoring. The Service should use the distribution of wolf
monitoring funds proposed by the Senate.
In habitat conservation, changes to the House passed
level for partners for fish and wildlife projects are as
follows:
[Dollars in thousands]
Project Change
Invasive species/competitive projects (non-specific).... ^500
Federal trust species restoration program............... ^4,000
Walla Walla Basin HCP, WA............................... ^750
Walla Walla Basin fish passage, WA...................... ^250
Restoration in Tunkhannock, Bentley & Bowman's Creek
watersheds, PA...................................... ^50
West branch of the Susquehanna River fish passage, PA... ^500
Georgia stream bank restoration......................... ^500
Wildlife enterprises program at MS State University..... +1,000
Thunder Basin initiative, WY............................ +250
NH Audubon Society study w/FWS on declining wildlife
populations on Lake Umbagog NWR..................... +425
NH Lakes Association/analysis of degradation of surface
waters.............................................. +55
Invasive species control in Hawaii...................... +700
Endangered species management & conservation in Hawaii.. +750
Vermont Natural Heritage Partners bald eagle restoration +100
Nevada biodiversity research and conservation........... +1,250
Montana Water Center wild fish habitat initiative....... +500
Lake Sakakawea invasive species control, ND............. +100
GIS mapping of AK NWRs.................................. +1,000
Conservation/restoration work at Don Edwards NWR, CA.... +540
In project planning, increases include $550,000 for the
Middle Rio Grande (Bosque) research program and $400,000 for
Montana wildlife conservation plan development. There is also a
decrease of $300,000 for the metropolitan greenspaces program.
In coastal programs, there is a general program decrease
of $1,500,000, which still provides an increase above the
fiscal year 2004 level.
Refuge Operations and Maintenance.--In refuge operations,
there is an increase of $2,500,000 to provide for the Service?s
share of the costs associated with the Midway Atoll NWR common
infrastructure and airport (the balance of infrastructure and
airport operating funds should be borne by the Federal Aviation
Administration and other benefiting parties), and decreases of
$1,000,000 for competitive projects on invasive species control
(non-specific) and $1,000,000 for invasive species control at
Loxahatchee NWR, FL. In refuge maintenance, there is an
increase of $500,000.
Law Enforcement Operations.--In law enforcement
operations, increases include $450,000 for the Memphis, TN port
of entry and $315,000 for space costs at the Atlanta,
Louisville and Memphis ports of entry. There are also decreases
of $450,000, which negates the general increase proposed by the
House, and $450,000 for vehicle replacement.
Fisheries.--In fish and wildlife management, increases
include $800,000 for whirling disease research by the National
Partnership on the Management of Wild and Native Coldwater
Fisheries, for a total of $1,000,000 for the partnership,
$350,000 for the Whirling Disease Foundation, $400,000 for the
Wildlife Health Center in Montana, and $400,000 for Yukon River
Treaty implementation. These increases are partially offset by
a decrease of $1,000,000 for non-partner specific whirling
disease research. In marine mammals, there is an increase of
$1,300,000 and the Service should use the distribution of
marine mammal funding proposed by the Senate. Finally, there is
an increase of $885,000 to address partially operational
shortfalls in the fisheries program. These funds should be
reprogrammed to the appropriate line items in the budget and
should remain in the base budget for fiscal year 2006 and
beyond.
General Administration.--In general administration, there
is a decrease of $130,000 for the National Fish and Wildlife
Foundation; increases of $750,000 for training activities at
the National Conservation Training Center and $387,000 for NCTC
maintenance; and an increase of $400,000 for the Caddo Lake
Ramsar Center in Texas.
Bill Language.--The conference agreement includes
statutory language earmarking $1,000,000 for Natural Community
Conservation Planning in California. Language also is included
earmarking $16,175,000 for the endangered species listing
program instead of $16,226,000 as proposed by the House and
$15,500,000 as proposed by the Senate. This earmark reflects
the Senate proposed level adjusted upward for $675,000 in space
rental costs associated with the recent changes to the
Service's cost allocation methodology.
The managers agree to the following:
1. The Service should realign its fiscal year 2005 budget
to agree with the recent changes to the Service's cost
allocation methodology.
2. Fiscal year 2005 represents the final year of a
statutory earmark for Natural Communities Conservation Planning
in California. This program is eligible to compete with other
programs for funding in future years and for additional funding
in fiscal year 2005.
3. The Service should move as quickly as possible to
delist the concho water snake. The managers addressed this
issue 5 years ago and are dismayed that the Service has yet to
resolve it.
4. Additional funds required for invasive species control
programs at Loxahatchee NWR, FL, should be addressed in the
fiscal year 2006 budget request.
5. The Peregrine Fund activities should be funded at
$400,000 in fiscal year 2005.
6. The Department should carefully review the budget
requirements for the fisheries program in its fiscal year 2006
request. The managers are concerned that the fiscal year 2005
request did not accurately reflect program shortfalls and
consequences associated with fixed cost absorption and proposed
program reductions.
7. The Service should reprogram $4,000,000 in the
fisheries program from the deferred maintenance account to the
annual maintenance account. This reprogramming is necessary to
address operational shortfalls.
8. The managers have provided funds in the law
enforcement program to provide full staffing at the ports of
entry at the Atlanta, Louisville, and Memphis airports. The
managers note that, because of the large volume of cargo
flowing through these airports, particularly at Louisville and
Memphis, these ports of entry are staffed at significantly
higher levels than most other ports around the country. The
managers have also provided $315,000 specifically for
unanticipated space rental costs at these three ports of entry.
The funds for additional space needs should be allocated to
these three ports of entry, and the House and Senate Committees
on Appropriations should be notified as to the distribution of
funds. The additional space funds, along with the annual
operating funds, should be retained in the base budget for
these three ports of entry for fiscal year 2006 and beyond.
9. The funds provided for the Caddo Lake Ramsar Center in
Texas are for conservation and education programs directly
related to Caddo Lake and may not be used for infrastructure,
construction-related projects, legal or management fees, or any
other purposes.
10. Funding for E-Training and E-Rulemaking activities
are retained. Funds budgeted for Safecom and Disaster
Management should be reprogrammed to cover equitably fixed cost
increases not funded in the budget request.
11. The managers are concerned by the recent discoveries
of the northern snakehead in the Potomac River and its
potential impact on native fish populations through predation,
food and habitat competition, and the introduction of diseases
and parasites. The Service should submit a report to the House
and Senate Committees on Appropriations, no later than 180 days
after enactment of this Act, on the steps it is taking to
identify, contain, and eradicate this species.
CONSTRUCTION
The conference agreement provides $53,400,000 for
construction instead of $48,400,000 as proposed by the House
and $37,136,000 as proposed by the Senate.
The managers agree to the following distribution of
funds:
[Dollars in thousands]
------------------------------------------------------------------------
Project Description Amount
------------------------------------------------------------------------
Alaska SeaLife Center, AK............ Seabird Research $500
Facility.
Arapaho NWR, CO...................... Muskrat Dam [p/d/cc]... 800
Bayou Sauvage NWR, LA................ Visitor Center [p/d]... 300
Chase Lake and Arrowwood NWRs, ND.... Joint Interpretive 300
Center [p/d].
Clark R Bavin Forensics Laboratory, Renovation/upgrade 2,682
OR. facility [c].
Clark's River NWR, KY................ Maintenance Facility 750
[cc].
Craig Brook NFH, ME.................. Wastewater Treatment 1,950
Compliance-Phase II [d/
ic].
Eastern MA NWR Complex, MA (Great Visitor Center and 3,177
Meadows). Administration
Building [p/d/cc].
Fish Springs NWR, UT................. Seismic Safety 115
Rehabilitation of Six
Buildings-Phase I [p/
d].
Garrison NFH, ND..................... Hatchery Renovation [cc 300
three ponds].
Green Lake NFH, ME................... Wastewater Treatment 658
Compliance-Phase I [p/
d].
Hanford Reach NM, WA................. Visitor Center......... 750
Kenai NWR, AK........................ Visitor Center [water 2,100
and sewer lines].
King Salmon FWS Administrative Site, Seismic Safety Rehab. 65
AK. of Office/Storage
Building-Phase I [p/d].
Klamath Basin NWR Complex, CA........ Water Supply and 1,000
Management-Phase V [c].
Lacreek NWR, SD...................... Little White River Dam- 4,200
Phase III [cc].
Midway Atoll NWR..................... Electrical system 2,700
replacement [cc].
Midway Atoll NWR..................... Replace wastewater 500
treatment system w/
septic fields [cc].
National Conservation Training Center Waterline construction 600
[cc].
Northeast Fishery Center, PA......... Raceway rehabilitation 795
and tank installation.
Northwest Power Planning Area........ Fish screens etc....... 2,000
Office of Aircraft Services (MBS Replacement of Survey 1,000
Programs). Aircraft-Phase II.
Ohio River Islands NWR, WV........... Headquarters/Visitor 835
Contact Station
Improvements [cc].
Okefenokee NWR, GA................... Environmental Education 600
Facility [p/d/cc].
Servicewide.......................... Bridge Safety 575
Inspections.
Servicewide.......................... Dam Safety Programs & 730
Inspections.
Servicewide.......................... Visitor Contact 4,000
Facilities.
Sevilleta NWR, NM.................... Laboratory Construction 3,000
Silvio O Conte NWR, VT............... Nulhegan Div. visitor 2,000
contact station [cc].
Togiak NWR, AK....................... Visitor Center [p/d]... 300
Togue Replacement.................... Replace fish stocking 750
vessel [cc].
Tualatin NWR, OR..................... Visitor Center and 700
Administration
Building [p/d].
White Sulphur Springs NFH, WV........ Wild Fish Propagation 650
Center [p/d/cc].
World Birding Center, TX............. Administrative Building/ 1,000
Visitor Center.
---------
Subtotal, Line Item ....................... 42,382
Construction.
=========
Nationwide Engineering Services:
Cost Allocation Methodology...... ....................... 3,151
Environmental Compliance......... ....................... 1,400
Other, non-project specific ....................... 6,117
services.
Seismic Safety Program........... ....................... 200
Waste Prevention, Recycling, Env. ....................... 150
Mgmt.
---------
Subtotal, Nationwide ....................... 11,018
Engineering Services.
=========
Total.......................... ....................... 53,400
------------------------------------------------------------------------
Bill Language.--The conference agreement includes
statutory language allowing for a single contract for the full
scope of the Clark R. Bavin Forensics Laboratory, OR
renovation.
The managers agree to the following:
1. The Service should develop standardized designs for
maintenance facilities so that requirements like that at ACE
Basin NWR, SC and other NWRs can be categorized, priorities can
be established, and the most critical needs can be funded.
2. The administrative building/visitor center proposal
for Bombay Hook NWR, DE should be incorporated into the
Service?s priority system and, as appropriate, should be
considered within the visitor contact facilities fund.
3. Funding for the Hanford Reach NM, WA, visitor center
is provided with the understanding that the Service's total
contribution to this effort will not exceed $3,000,000.
4. The managers are concerned with the lack of progress
in locating a site and commencing construction of the
administrative/visitor center for the Kodiak NWR, AK. The
Service should expedite this process in fiscal year 2005 and
provide a definitive cost estimate to complete this project.
5. Funding for large game guzzlers at Nevada refuges
should be addressed using refuge operations and maintenance
funding.
6. Funds for raceway rehabilitation and tank installation
at the Northeast Fishery Center, PA, should be supplemented
with cost sharing from other benefiting parties.
7. Funding for field and laboratory testing of fishway
designs is not included. The Service should work with the U.S.
Geological Survey to determine the appropriate bureau and the
appropriate means to fund this effort.
8. Funding for the Sevilletta NWR, NM laboratory,
construction should not exceed $6,600,000. With the funds
provided for fiscal year 2005, the Service will have received
$4,500,000.
9. Funds provided for the World Birding Center, TX,
represent the second of three payments for this program. The
managers understand that the remaining amount for this project
will not exceed $1,100,000.
10. Funds are provided for planning and design of a
visitor center at Togiak NWR in Dillingham, AK. The managers
expect that this facility will be located adjacent to the
airport to maximize contact with the public. This center should
be a similar size as the visitor center operated by the Service
in King Salmon, Alaska.
LAND ACQUISITION
The conference agreement provides $37,526,000 for land
acquisition instead of $12,500,000 as proposed by the House and
$49,864,000 as proposed by the Senate.
The managers agree to the following distribution of
funds:
Area (State) Amount
Archie Carr NWR (FL).................................... $711,000
Baca NWR (CO)........................................... 3,400,000
Back Bay NWR VA)........................................ 700,000
Balcones Canyonlands NWR (TX)........................... 900,000
Black Bayou Lake NWR (LA)............................... 625,000
Cache River NWR (AR).................................... 700,000
Cahaba NWR (AL)......................................... 550,000
Cape Romain NWR (SC).................................... 850,000
Chickasaw NWR (TN)...................................... 750,000
Dakota Tallgrass Prairie WMA (SD/ND).................... 650,000
Eastern Shore NWR (VA).................................. 500,000
Great Swamp NWR (NJ).................................... 500,000
Great White Heron NWR (FL).............................. 750,000
James Campbell NWR (HI)................................. 2,000,000
Lake Umbagog NWR (NH)................................... 1,500,000
Lower Hatchie NWR (TN).................................. 750,000
Lower Rio Grande Valley NWR (TX)........................ 1,000,000
Massasoit NWR (MA)...................................... 575,000
Middle MS River NWR (MO) (Wilkinson Island)............. 1,300,000
Northern Tallgrass Prairie (MN/IA)...................... 500,000
Palmyra Atoll NWR....................................... 600,000
Patoka River NWR (IN)................................... 250,000
Rachel Carson NWR (ME).................................. 500,000
Rhode Island refuge complex (RI)........................ 500,000
San Diego NWR (CA)...................................... 1,000,000
Silvio O. Conte NWR, (NH, VT, CT)....................... 1,000,000
Tensas NWR (LA)......................................... 2,000,000
Togiak NWR (AK)......................................... 1,500,000
Upper MS River NFWR (MN, WI, IA, IL).................... 400,000
Waccamaw NWR (SC)....................................... 1,250,000
Walkill NWR (NJ)........................................ 700,000
Yukon River Delta NWR (AK).............................. 1,000,000
Use of unobligated balances............................. -7,000,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 22,911,000
Acquisition Management.................................. 8,365,000
Inholdings.............................................. 1,500,000
Exchanges............................................... 1,750,000
Emergencies/Hardships................................... 1,000,000
Cost Allocation Methodology............................. 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................... 37,526,000
Bill Language.--The conference agreement makes a
technical modification to the language proposed in the Senate
bill earmarking $750,000 for the Yukon Flats NWR (AK)/ Doyon
land exchange. The conference agreement retains the language
proposed in the Senate bill providing that none of the funds in
this or any other Act may be used for acquisition of land to be
part of Deep Fork NWR (OK).
The managers agree to the following:
1. Acquisitions proposed in the budget requests for the
Alaska Peninsula NWR (AK), Canaan Valley NWR (WV), Cypress
Creek NWR (IL), and Red River NWR (LA) shall be funded out of
the inholdings account.
2. Lands acquired for the James Campbell NWR (HI) must be
within the authorized refuge boundary.
LANDOWNER INCENTIVE PROGRAM
The conference agreement provides $22,000,000 for the
landowner incentive program instead of $15,000,000 as proposed
by the House and $29,000,000 as proposed by the Senate.
PRIVATE STEWARDSHIP GRANTS
The conference agreement provides $7,000,000 for private
stewardship grants instead of $5,000,000 as proposed by the
House and $7,500,000 as proposed by the Senate.
Bill Language.--The conference agreement includes bill
language, as proposed by the House providing for the merger of
funds previously appropriated under the ``Stewardship Grants''
heading. The Senate had no similar provision.
COOPERATIVE ENDANGERED SPECIES FUND
The conference agreement provides $81,596,000 for the
cooperative endangered species fund as proposed by the House
instead of $82,600,000 as proposed by the Senate.
Bill Language.--The conference agreement earmarks
$32,212,000 to be derived from the Cooperative Endangered
Species Fund instead of $49,384,000 as proposed by the House
and $32,600,000 as proposed by the Senate. The amount derived
from the Land and Water Conservation Fund is $49,384,000 as
proposed by the House instead of $50,000,000 as proposed by the
Senate.
NATIONAL WILDLIFE REFUGE FUND
The conference agreement provides $14,414,000 for the
national wildlife refuge fund as proposed by both the House and
the Senate.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The conference agreement provides $38,000,000 for the
North American wetlands conservation fund as proposed by both
the House and the Senate.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The conference agreement provides $4,000,000 for
neotropical migratory bird conservation as proposed by the
Senate instead of $4,400,000 as proposed by the House.
MULTINATIONAL SPECIES CONSERVATION FUND
The conference agreement provides $5,800,000 for
multinational species conservation fund programs instead of
$5,900,000 as proposed by the House and $5,700,000 as proposed
by the Senate. Changes to the House recommended level include
decreases of $50,000 for African elephants, $50,000 for
rhinoceros and tigers, $50,000 for Asian elephants, and $50,000
for great apes, and an increase of $100,000 to initiate the
newly authorized marine turtles program. The managers expect
the Service to keep the funding for marine turtles in the base
budget and to increase funding, as appropriate, for this
program in future budget requests.
Bill Language.--The conference agreement includes the
statutory citation for the Marine Turtle Conservation Act of
2004.
STATE AND TRIBAL WILDLIFE GRANTS
The conference agreement provides $70,000,000 for State
and tribal wildlife grants instead of $67,500,000 as proposed
by the House and $75,000,000 as proposed by the Senate. The
managers reiterate the importance of comprehensive wildlife
conservation strategies toward the conservation of each State's
full array of wildlife and their habitats. The strategies,
produced in each State and territory plan, are expected to be
complete by October 1, 2005. Emphasis should be on those
habitats and conservation actions that support the species of
greatest conservation need. Program funds should be directed to
those actions and habitats that will best implement the
comprehensive wildlife conservation strategies and preclude the
need to list many more species as threatened or endangered
under the Endangered Species Act.
Bill Language.--The conference agreement includes bill
language, as proposed by the House, providing for the merger of
funds previously appropriated under the ``State Wildlife
Grants'' heading. The Senate had no similar provision.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The conference agreement provides $1,707,282,000 for
operation of the national park system instead of $1,686,067,000
as proposed by the House and $1,688,915,000 as proposed by the
Senate.
The managers have provided an additional $52,654,000 for
park base operations. Combined with the $22,012,000 in specific
park operating increases in the budget request, the parks will
have an additional $74,666,000 in park programmatic increases
for fiscal year 2005. This is the largest park base
programmatic increase ever for the National Park Service and in
keeping with the large increases in operating funds provided by
the Congress over the past 10 years.
The Administration's budget requests for parks in recent
years have not sufficiently addressed growing shortfalls in
core operating programs at the parks. Recent budgets have seen
increasing emphasis placed on expanding law enforcement and
security, facility maintenance, information technology, and
natural resource data gathering. Core park operations have also
been impacted by the absorption of pay costs within budget
requests, Congressionally mandated pay increases in excess of
budget requests, and storm damage. New security and anti-
terrorism requirements and other new mandates and
responsibilities have also been assigned by the Department and
the Office of Management and Budget. The managers have been
supportive of these requirements and have provided significant
increases for security at icon and border parks while
consistently including additional park maintenance funding to
ensure the maintenance backlog reduction efforts continue on
track. However important these new responsibilities, the budget
of the National Park Service cannot continue to be limited to a
few parks and purposes while core visitor service requirements
are going unmet nationwide. All parks need to remain open and
accessible to visitors and basic visitor services need to be
available at all parks across the system.
Of the additional amount provided for park base
operations, $40,000,000 should be distributed to all park units
as an across-the-board increase in all budget subactivities
within park management to help offset the impact of recent
absorptions. This will provide each unit with a minimum
increase of approximately 5 percent above their fiscal year
2004 level. Also, $500,000 of the additional amount should be
distributed to national trails on a priority basis. The
remaining balance of $12,154,000 for additional park operations
funding shall be used solely to restore basic visitor services
and address resource preservation needs in accordance with
National Park Service priorities.
The conference agreement provides $342,967,000 for
resource stewardship. Changes to the House level include a
reduction of $1,000,000 for inventory and monitoring and an
increase of $500,000 for Vanishing Treasures.
The conference agreement provides $326,856,000 for
visitor services, the same as the House level.
The conference agreement provides $573,178,000 for
maintenance, the same as the House level.
The conference agreement provides $285,946,000 for park
support. Changes to the House level include an additional
$871,000 for e-government initiatives, $250,000 for wild and
scenic rivers, $500,000 for the traditional challenge cost
share program and $94,000 for the Lewis and Clark program. The
House position on the CCI challenge cost share program is
adopted.
Bill language.--The conference agreement retains the
House language regarding one year funding for repair and
rehabilitation funds. The conference agreement earmarks
$2,000,000 for the YCC program.
Report language.--Earmarks within the repair and
rehabilitation program are as follows: $450,000 for 26 Williams
Street at Dayton Aviation Heritage NHP; $306,000 for rehab of
Porter Beach restrooms at Indiana Dunes NL; $500,000 for boat
launch ramps at Lake Mead NRA; $300,000 for signage repairs at
Fort Stanwix NM; $388,000 for dock, signage and lighting
repairs at Amistad NRA; $300,000 to continue cultural
landscaping improvements at Gettysburg NMP, $400,000 for
Natchez Trace Parkway; $325,000 for rehab of Fort Piute at
Mojave National Preserve; $400,000 for rehab of structures at
Stiltsville in Biscayne NP; and $200,000 for restoration at
International Peace Garden, ND.
The conference agreement continues to earmark one-third
of the challenge cost share program for the National Trails
System. The managers have retained the House language
concerning National Park Service travel. Foreign travel must be
pre-approved by the House and Senate Committees on
Appropriations.
The managers recognize the successful partnership between
the National Park Service and Southeast Community College, KY,
in providing important employee training. The managers
encourage the Service to consider additional training
opportunities with the college.
UNITED STATES PARK POLICE
The conference agreement provides $81,204,000 for the
United States Park Police as proposed by the House and the
Senate.
It has been three years since the National Academy of
Public Administration's comprehensive financial and management
review of the U.S. Park Police. As of two months ago, NAPA
reported that none of the major reforms had been implemented.
The managers expect the Secretary and the Director of the
National Park Service to implement fully the major reforms and
be prepared to discuss those changes at the fiscal year 2006
hearings.
NATIONAL RECREATION AND PRESERVATION
The conference agreement provides $61,832,000 for
national recreation and preservation, instead of $53,877,000 as
proposed by the House and $63,023,000 as proposed by the
Senate.
The conference agreement provides $551,000 for recreation
programs, the same as the House and Senate. Also included is
$11,018,000 for natural programs. Changes to the House level
include an additional $300,000 for the rivers and trails
program. The managers expect that the reforms made to the
strategic plan will be closely followed. This is a technical
assistance program. Direct grants are not authorized.
The conference agreement provides $20,214,000 for
cultural programs. Changes to the House level include increases
of $100,000 for the Louisiana Creole Heritage Center and
$300,000 for a National Underground Railroad Network grant
program, which is authorized.
The conference agreement provides $1,616,000 for
International park affairs, the same as the House and Senate.
The conference agreement provides $397,000 for
environmental and compliance review, the same as the House and
Senate.
The conference agreement provides $1,892,000 for grant
administration, the same as the House level.
The conference agreement provides the $500,000 requested
in the budget for the partnership office. The managers intend
to continue support for the work of NPS regional office
partnership and volunteers-in-the-parks coordinators. Funds are
to be provided equally to each of the seven regions to
supplement existing regional office and park partnership
activities, services, and events consistent with identified
regional priorities and mission goals.
The conference agreement provides $14,785,000 for
nationally designated heritage areas. Included in this amount
is $122,000 for administration and $500,000 for heritage areas
authorized after enactment of this Act. Individual projects are
as follows:
Project Amount
America's Agricultural Heritage Partnership (Silos &
Smokestacks)........................................ $750,000
Augusta Canal NHA....................................... 400,000
Automobile NHA.......................................... 500,000
Blue Ridge NHA.......................................... 900,000
Cache La Poudre River Corridor.......................... 45,000
Cane River NHA.......................................... 900,000
Delaware and Lehigh NHC................................. 800,000
Erie Canalway National Corridor......................... 700,000
Essex NHA............................................... 900,000
Hudson River Valley NHA................................. 500,000
John H. Chafee Blackstone River Valley NHC.............. 845,000
Lackawanna Valley NHA................................... 550,000
National Coal Heritage Area............................. 123,000
Ohio and Erie Canal NHC................................. 900,000
Quinnebaug & Shetucket Rivers Valley NHC................ 850,000
Rivers of Steel NHA..................................... 900,000
Schuylkill River Valley National Heritage Area.......... 500,000
Shenandoah Valley Battlefields National Historic
District............................................ 500,000
South Carolina NHC...................................... 900,000
Tennessee Civil War Heritage Area....................... 400,000
Wheeling NHA............................................ 900,000
Yuma Crossing NHA....................................... 400,000
--------------------------------------------------------
____________________________________________________
Subtotal............................................ 14,163,000
Administration.......................................... 122,000
Newly authorized areas.................................. 500,000
--------------------------------------------------------
____________________________________________________
Total............................................... 14,785,000
The conference agreement provides $11,359,000 for
statutory or contractual aid, instead of $3,794,000 as proposed
by the House and $12,080,000 as proposed by the Senate. The
funds are to be distributed as follows:
Project Amount
Alaska National Parks................................... $750,000
Benjamin Franklin Tercentenary Commission............... 250,000
Black Jack Battlefield Trust............................ 89,000
Brown Foundation........................................ 250,000
Chesapeake Bay Gateway.................................. 2,500,000
Flight 93 Memorial...................................... 250,000
Ft. Mandan, Ft. Lincoln & No. Plains Foundation......... 625,000
George Washington Memorial Bridge....................... 100,000
Ice Age National Scientific Reserve..................... 796,000
Jamestown 2007.......................................... 400,000
Johnstown Area Heritage Association..................... 49,000
Keweenaw NHP--Main Street............................... 800,000
Lamprey W&SR Cooperative Agreements..................... 900,000
Lower Eastside Tenement Museum.......................... 250,000
Mississippi Museum of Natural Science................... 750,000
Mt. Rainier NP--study................................... 700,000
Natchez NHP--Slave Market............................... 150,000
Native Hawaiian Culture and Arts Program................ 750,000
Sewall-Belmont House.................................... 400,000
Sleeping Rainbow Ranch, Capital Reef NP................. 600,000
--------------------------------------------------------
____________________________________________________
Total............................................... 11,359,000
The conference agreement includes $400,000 for the
Sewall-Belmont House. The managers are concerned that the
Service has taken too long to determine an appropriate solution
to making the facility handicapped accessible. The managers
direct the Service to report to the Committees no later than
April 1, 2005, on a final recommendation.
Bill language.--The conference agreement provides
$700,000 for a feasibility study for the Train to the Mountain
project.
The conference agreement includes the Senate language on
the use of funds for the Rivers and Trails program.
The conference agreement has included bill language to
change the matching requirements at Keweenaw NHP to 1/1 for one
year only.
Report language.--The conference agreement provides
$100,000 within available funds to the National Center for
Preservation Technology and Training for continued support of
the successful competitive heritage education grants program to
schools in Louisiana. No more than fifteen percent of this
amount may be used to administer the program.
HISTORIC PRESERVATION FUND
The conference agreement provides $72,750,000 for the
historic preservation fund instead of $71,533,000 as proposed
by the House and $71,250,000 as proposed by the Senate. Changes
to the House level include an increase of $1,430,000 for
grants-in-aid to States and Territories and an increase of
$287,000 for grants-in-aid to Indian Tribes. The conference
agreement provides $3,500,000 for Historically Black Colleges
and Universities, instead of $4,000,000 as proposed by the
House.
Of the $30,000,000 provided for Save America's Treasures,
$15,000,000 is for competitive grants. The balance of the funds
are to be distributed as follows:
Project/State Amount
Albany Theatre, GA...................................... $150,000
Alyeska Roundhouse, AK.................................. 200,000
Bellance Air Service hangar, DE......................... 300,000
Beringer-Crawford museum collections, KY................ 100,000
Boligee Street Historic perservation, AL................ 400,000
Bremerton Building 50 Naval Museum, WA.................. 300,000
Bronx Community College Stanford White Complex, NY...... 200,000
Broome County YWCA, NY.................................. 100,000
Buckland Preservation, VA............................... 50,000
Church of the Presidents, NJ............................ 100,000
City of Springfield City Hall, MO....................... 300,000
Clarke County Courthouse, MS............................ 200,000
Clinton House, NY....................................... 100,000
Cold War sites, ND...................................... 250,000
Decatur House, DC....................................... 100,000
Dennison Railroad Depot Museum, OH...................... 200,000
Drake Oilwell, PA....................................... 150,000
Duluth National Guard Armory, MN........................ 250,000
El Gracia Train Depot, CA............................... 200,000
First Congregational Church, CT......................... 300,000
Ft. Seward Military Post, ND............................ 100,000
Goodwill Theater, NY.................................... 50,000
Grand Traverse Civil War Monument, MI................... 30,000
Grove Arcade, NC........................................ 500,000
Harmony Engine Company Firehouse, PA.................... 200,000
Harper House, NC........................................ 100,000
Hazlett-Fields House, WV................................ 250,000
Henry Phillips Farmhouse, NJ............................ 150,000
Holland Theatre, OH..................................... 200,000
Hoover House, OH........................................ 100,000
Hotchkiss Building, NY.................................. 200,000
Howe House, OH.......................................... 100,000
Hoyt Sherman Place Theater, IA.......................... 300,000
Hunley Submarine, SC.................................... 100,000
Hutmacher Complex, ND................................... 100,000
James Beard Historic Market, OR......................... 300,000
Jefferson Community College, KY......................... 100,000
King Memorial Baptist Church, AL........................ 100,000
Lafayette County Courthouse, MS......................... 200,000
Lake Oswego Historic Iron Smelter, OR................... 100,000
Lear Theater, NV........................................ 400,000
Lee-Fendall House, Va................................... 75,000
Linden Project, MD...................................... 250,000
MD House at the Baltimore Zoo, MD....................... 350,000
Moore County Courthouse, TN............................. 50,000
Moravian College Bretheren House, PA.................... 150,000
Morehouse College African American Archival Program, GA. 100,000
New Salem Academy, MA................................... 175,000
Nicholson House, NJ..................................... 150,000
Northern VA Freedom House............................... 75,000
Oats Park School/Arts Center, NV........................ 200,000
Ohio Wesleyan, OH....................................... 50,000
Old Henderson County Courthouse, NC..................... 110,000
Old Mint, CA............................................ 300,000
Old Warren County Courthouse, KY........................ 250,000
Orpheum Theatre, IL..................................... 250,000
Oscar Howe Murals (Mobridge School District), SD........ 150,000
Ossining Historic Architecture Protection, NY........... 150,000
Pawtucket Public Library, RI............................ 300,000
Penland School, NC...................................... 100,000
Phoenix Bank, VA........................................ 100,000
Rayburn Library, TX..................................... 200,000
Rios Caledonia Adobe, CA................................ 200,000
Rye Meeting House, NY................................... 50,000
Sandusky Old Post Office, OH............................ 200,000
Sequoia Presidential Yacht, VA.......................... 50,000
Socorro Mission, TX..................................... 200,000
Sommerville Courthouse, AL.............................. 95,000
Sonnenberg Mansion, NY.................................. 370,000
Stabler-Leadbeater Apothecary Museum, VA................ 50,000
State Theatre, PA....................................... 100,000
Stewart County Courthouse, GA........................... 125,000
Town Hall Theater, VT................................... 150,000
Troy High School, PA.................................... 250,000
Tryon Palace, NC........................................ 150,000
Turnblad Mansion, MN.................................... 200,000
Union Pacific Dining Lodge, MT.......................... 400,000
Universal Preservation Hall, NY......................... 200,000
Washington and Jefferson College Historic Buildings, PA. 300,000
Westcott House, OH...................................... 200,000
Wilkesboro Courthouse, NC............................... 200,000
Winston Courthouse, AL.................................. 95,000
Yawkey House, WI........................................ 250,000
--------------------------------------------------------
____________________________________________________
Total............................................... 150,000,000
Bill language.--The conference agreement does not provide
an earmark of $2,000,000 for a new Preserve America grants
program as proposed by the Senate.
The conference agreement does not prohibit the use of
Save America's Treasures funds for administrative purposes.
The conference agreement includes bill language
clarifying the ability of the National Endowment for the Arts
to award Save America's Treasures grants based upon the
recommendations of the Save America's Treasures grant selection
panel.
CONSTRUCTION
The conference agreement provides $307,362,000 for
construction instead of $297,628,000 as proposed by the House
and $330,019,000 as proposed by the Senate. The funds are to be
distributed as follows:
Project Amount
Allegheny Portage RR NHS, PA (rehabilitate historic
Trace Corridor Trail)............................... $861,000
Apostle Islands NL, WI (restore Raspberry Island Light
Station)............................................ 1,136,000
Big Bend NP, TX (replace Chisos Basin water supply)..... 2,000,000
Big Cypress NPres, FL (rehabilitate off-road vehicle
trails--completes).................................. 569,000
Blue Ridge Parkway, NC (Hemphill Knob visitor center)... 3,000,000
Boston NHP, MA (rehabilitate Bldg. 125)................. 1,187,000
Boston NHP, MA (rehabilitate Commandant's house)........ 774,000
Cane River Creole NHP, LA (curatorial facility--
planning)........................................... 100,000
Cane River Creole NHP, LA (stabilize/preserve Magnolia
Plantation structures).............................. 1,068,000
Chattahoochee River NRA, GA (reduce resource damage--
provide river rec. acc)............................. 2,125,000
Crater Lake NP, OR (rehabilitate historical cafeteria
bldg; relocate Rim parking area).................... 8,741,000
Cumberland Island NS, GA (stabilize Dungeness Ruins).... 1,285,000
Cumberland Island NS, GA (Plumb Orchard planning)....... 264,000
Cuyahoga NP, OH (rehabilitate various historic
structures)......................................... 2,500,000
Dayton Aviation NHP, OH (Huffman Prairie Hanger)........ 650,000
Dayton Aviation NHP, OH (Wright-Dunbar Plaza,
accessibility & plaza).............................. 275,000
Delaware Water Gap NRA, PA (cabin replacement).......... 700,000
Denali NP, AK (replace Eielson Visitor Center).......... 7,420,000
Everglades NP, FL (modify water delivery system)........ 8,077,000
Fire Island NS, NY (rehabilitate Sailors Haven Marina &
ferry dock)......................................... 2,374,000
Flight 93 NMem, PA (build starter public facilities &
services)........................................... 806,000
Fort Larned NHS, KS (fix structural problems at Old
Commissary)......................................... 869,000
Fort Washington Park, MD (stabilize fort)............... 3,660,000
Frederick Law Olmsted NHS, MA (upgrade life/safety
systems; rehabilitate historical structure)......... 2,011,000
George Washington Carver NM, MO (rehabilitate/complete
visitor center--completes).......................... 3,187,000
George Washington Mem. Pkwy, VA (general maintenance/
rehabilitate along parkway)......................... 300,000
Gettysburg NMP, PA (new visitor center)................. 5,000,000
Gettysburg NMP, PA (Wills House--completes)............. 5,759,000
Grant Teton NP, WY (visitor center--completes).......... 5,000,000
Great Smoky Mtns NP, NC (replace Smokemont water/sewer
w/municipal sys).................................... 2,171,000
Great Smoky Mountains NP, TN (Institute at Tremont)..... 500,000
Hampton NHS, MD (install environmental controls in
Hampton Mansion).................................... 1,546,000
Harpers Ferry NP, WV (rehabilitate Bldg 82, The Jackson
House).............................................. 50,000
Harpers Ferry NP, WV (restoration of Armory Yard--
planning)........................................... 450,000
Homestead NHS, NE (cont. planning the visitor/heritage
center)............................................. 1,112,000
Hot Springs NP, AR (rehabilitate/stabilize bathhouses
for adaptive reuse)................................. 4,989,000
John H. Chaffee Blackstone R. Valley NHC, RI............ 500,000
Kalaupapa NHP, HI (preserve historic buildings; correct
safety problems).................................... 3,928,000
Kenai Fjords NP, AK (multi-agency center)............... 950,000
Klondike Gold Rush NHP, AK (build historical resource
support center/protect museum collection)........... 739,000
L.Q.C. Lamar House NHL, MS (restoration)................ 500,000
Lassen Volcanic NP, CA (replace condemned chalet w/
improved visitor service facility.)................. 10,051,000
Lincoln Library, IL (cont. Library/Museum construction). 5,000,000
Little Rock Central High School NHS, AR (design visitor
facility--planning)................................. 733,000
Manassas NBP, VA (rehabilitate historic Brawner Farm for
visitor use)........................................ 2,317,000
Martin Luther King, Jr. NHS, GA (restore Ebenezer
Baptist Church, Ph. II)............................. 2,459,000
Moccasin Bend NAD (CHCH), TN (erosion & DCP--planning).. 400,000
Monocacy NB, MD (relocate flood-prone visitor center to
Best Farm).......................................... 3,539,000
Morris Thompson Visitor & Cultural Center, AK
(completes)......................................... 6,000,000
New Bedford Whaling NHP, MA (Corson building)........... 3,000,000
New River Gorge NR, WV.................................. 2,275,000
Olympic NP, WA (remove salmon obstructions; build
bridge/culvert)..................................... 1,940,000
Olympic NP, WA (restore Elwha River ecosystem &
fisheries).......................................... 13,450,000
Organ Pipe Cactus NM, AZ (construct vehicle barrier--
completes).......................................... 6,600,000
Petersburg NB, VA (consolidate, rehabilitate/replace
maintenance facilities)............................. 812,000
Point Reyes NS, CA (restore Lifeboat Station Marine
Railway)............................................ 1,885,000
Pu'uhonua o Honaunau NHP, HI (remove/replace admin.
buildings from arch. site).......................... 1,112,000
Rock Creek Park, DC (preserve/protect Meridian Hill
Park)............................................... 3,007,000
San Francisco Maritime NHP, CA (C.A. Thayer)............ 2,123,000
Saratoga NHP, NY (planning for visitor access to Victory
Woods).............................................. 295,000
Shenandoah NP, VA (Old Rag parking lot & connecting
trail).............................................. 600,000
Southwest Pennsylvania Heritage Comm., PA (rehabilitate/
preservation grants)................................ 2,500,000
Timucuan Ecological & HPres, FL (Kingsley Plantation Hs/
Kitchen Hs work).................................... 388,000
Tuskegee Airmen NHS, AL (continue federal project
planning--site develop/utilities)................... 1,000,000
Utah Public Lands Artifact Preservation Act, UT......... 5,000,000
Vicksburg NMP, MS (Pemberton House)..................... 750,000
Washington Office, DC (emergency storm damage
reconstruction--various)............................ 14,000,000
Weir Farm NHS, CT (replace maintenance, curatorial &
admin. facilities).................................. 3,536,000
Western Arctic NParklands, AK (build NW AK Heritage Ctr
& Admin HQ)......................................... 2,500,000
White House, DC (structural & utility rehabilitate--
Exec. Residence & Pres. Park)....................... 9,938,000
Wrangell-St. Elias NP&Pres, AK (build museum--preserve/
interpretive AHTNA cult.)........................... 1,135,000
Yellowstone NP, WY (restoration of Old House, Old
Faithful Inn, Ph II)................................ 9,801,000
Yellowstone NP, WY (reconstruct West Entrance Station).. 1,487,000
Yellowstone NP, WY (replace admin winter snowcoaches/
improve infrastructure)............................. 1,000,000
Yellowstone NP, WY (replace existing court facilities w/
new courthouse)..................................... 2,655,000
Use of unobligated balances............................. -20,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Line Item................................ 192,421,000
Emergency/Unscheduled Projects.......................... 4,000,000
Housing replacement..................................... 8,000,000
Dam safety.............................................. 2,700,000
Equipment replacement................................... 38,344,000
Construction planning................................... 21,220,000
Construction program management......................... 27,364,000
General management planning............................. 13,313,000
--------------------------------------------------------
____________________________________________________
Total Construction................................. 307,362,000
Bill language.--House language on partnership projects
has been slightly modified to remove the requirement for
``written'' approval from the Committees. Approval of the House
and Senate Committees on Appropriations still applies.
The conference agreement includes the following: (1)
House provision regarding Flight 93 NMem; (2) Senate provision
regarding how funds are provided for the Modified Water
Deliveries project; (3) Senate provision earmarking funds for
the L.Q.C. Lamar House NHL from the Historic Preservation Fund
(funds must be matched); and (4) Senate provision regarding
construction at Old Rag Mountain trail in Shenandoah Mountain
NP.
Partnerships.--The managers reiterate the concerns voiced
by both the House and Senate regarding the management of
partnership construction projects. The National Park Service
has developed interim guidance to govern the development of
partnership construction proposals and the managers expect all
levels of the Service to comply with the new procedures. The
managers expect the Service and its partners to work
collaboratively on the appropriateness, scope, and costs of
contemplated projects, with careful consideration given to both
the capital development and long-term operational and life-
cycle costs. At a time of increased attention and emphasis on
park operation budgets, the Service and its partners must not
pursue new facility investments that are unrealistic and
unachievable in their expectations. The managers expect the
Service's review of all partnership construction proposals to
make difficult decisions, where necessary, to defer or suspend
a project that is not the right project, for the right reason,
at the right size, and at the right time. Additionally, any
partnership construction project for which there is to be a
Federal contribution towards the cost must be budgeted for and
included in the Service's five-year construction program. In
the event a partnership construction proposal assumes funding
from another Federal agency, the Service must seek the
agreement of the appropriate agency including funding in the
agency's budget request. The managers expect the Service to
provide a status report regarding partnership construction
projects no later than February 15, 2005.
Language regarding partnership projects at Moccasin Bend
NAD, Great Smoky Mountains NP (Tremont), Delaware Water Gap NRA
(Pocono Environmental Education Center), Flight 93 NMem, and
Dayton Aviation NHP (Wright Dunbar Plaza) was included in the
House and Senate committee reports, and is reinforced by the
managers. Partnership construction projects that have not
followed the interim guidance, the requirements of Director's
Order 21, or been reviewed by the Development Advisory Board,
will not be considered for approval by the Committees.
Funds provided for the Cane River Creole NHP are to
initiate pre-design and planning for a curatorial storage
facility. The managers understand that this facility will be
for Service collections, and will be constructed and managed by
the Service. The scope and cost of this facility are subject to
further refinement using the Service's planning model, but are
expected to be less than the $3 million project previously
proposed as a partnership with the university.
The conference agreement provides $700,000 for cabin
restoration at the Delaware Water Gap NRA, consistent with the
direction provided in the House report. The funds are to be
used for cabin restoration, or replacements in kind, consistent
with the programming levels allowed in the General Management
Plan. As discussed in the House Report, the Service needs to
complete the site plan and value analysis requested in fiscal
year 2004. The park and the partner are reminded that any
significant facility investments that go beyond existing
program levels must follow the interim guidance regarding
partnership construction projects. The managers expect the
Service to report by February 1, 2005, on a plan and schedule
for the expenditure of the funds for fiscal year 2005. The
managers are very concerned that the Service has not followed
directions in previous conference reports.
Funding has not been provided to the following projects
due to various delays in awarding contracts: C&O Canal NHP,
Saugus Iron Works NHS, Yellowstone NP (Madison wastewater
facility), and Fire Island NS (west ranger station). The
Pinnacles NM project was supplanted by an urgent land
acquisition need. Boston Harbor NRA, Fort Larned NHS and Point
Reyes NS are strongly encouraged to resubmit in the next fiscal
year's budget.
Report language.--The managers direct the Service to
initiate the Waco Mammoth site and the Manhattan Project new
area studies, which are authorized.
The managers expect the Service to initiate a preliminary
resource assessment of Tunica River Park, MS and the
surrounding area, and to provide technical assistance as
necessary to cooperating entities.
Funds for the Natchez Trace Parkway, MS, have been
removed from construction and addressed in park operations.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The conference agreement rescinds the contract authority
provided for fiscal year 2005 by 16 U.S.C. 460l-10a as proposed
by both the House and the Senate.
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $148,411,000 for land
acquisition and State assistance instead of $107,500,000 as
proposed by the House and $155,831,000 as proposed by the
Senate.
The managers agree to the following distribution of
funds:
Area (State) Amount
Appalachian National Scenic Trail (High Top Mtn.) (VA).. $1,380,000
Big Thicket National Preserve (TX)...................... 4,541,000
Blue Ridge Parkway (Roanoke) (VA)....................... 750,000
Civil War Battlefield Sites (Grants).................... 5,000,000
Congaree NP (SC)........................................ 6,000,000
Cumberland Gap (Fern Lake) (KY)......................... 1,000,000
Ft. Clatsop NM (OR)..................................... 5,000,000
Guilford Courthouse NMP (NC)............................ 250,000
Harpers Ferry NHP (WV).................................. 2,900,000
Ice Age NST (WI)........................................ 1,000,000
Mojave National Preserve (relocation) (CA).............. 1,600,000
Mount Rainier NP (WA)................................... 1,000,000
National Capital Parks (DC)............................. 2,479,000
New River Gorge NSR (WV)................................ 2,000,000
Niobrara NSR (easements) (NE)........................... 200,000
Pinnacles NM (CA)....................................... 2,600,000
Pu'uhonua O Honaunau NHP (HI)........................... 4,600,000
Shenandoah Valley Battlefields NHD (VA)................. 1,500,000
Sleeping Bear Dunes NL (MI)............................. 1,500,000
Valley Forge NHP (PA)................................... 1,500,000
Wilson's Creek NB (MO).................................. 4,500,000
Wrangell-St. Elias NP (AK).............................. 1,500,000
Use of unobligated balances............................. -12,400,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................... 40,400,000
Acquisition Management.................................. 10,511,000
Emergencies/Hardships................................... 2,500,000
Inholdings/Exchanges.................................... 2,500,000
Stateside Grants........................................ 91,000,000
Stateside Administration................................ 1,500,000
--------------------------------------------------------
____________________________________________________
Total.............................................. $148,411,000
Bill Language.--The conference agreement retains the
language proposed by the Senate providing that, in lieu of
State assistance program indirect costs (as described in OMB
Circular A-87), not to exceed five percent apportionments under
the State assistance program may be used by States, the
District of Columbia, and insular areas to support program
administration costs. The conference agreement retains the
language proposed in the Senate bill providing that $250,000
provided for Civil War battlefield protection be available for
transfer to the National Recreation and Preservation account.
Report Language.--The managers support land acquisition
efforts at Jean Lafitte National Historical Park and Preserve
in Louisiana, but understand that there are not purchases
currently ready for completion. The managers will look
favorably upon future acquisitions at the park, should parcels
become available.
The Committee is anxious to see progress on efforts to
locate and build a boathouse with access to the Potomac River
near the George Washington Memorial Parkway in Arlington,
Virginia. The Committee encourages the Service to continue
exploring options that would facilitate the possible
acquisition of suitable land by Arlington County to construct
the boathouse.
ADMINISTRATIVE PROVISIONS
Bill language.--The conference report includes statutory
language, with minor modifications, regarding concession
contracts. This language was originally included in the House
bill.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides $948,921,000 for
surveys, investigations, and research instead of $944,498,000
as proposed by the House and $939,486,000 as proposed by the
Senate.
Mapping, Remote Sensing and Geographic Investigations.--
The change to the House level for mapping, remote sensing and
geographic investigations is a decrease of $2,355,000 for The
National Map. The managers understand that this decrease will
be partially offset by anticipated buyout savings. The managers
expect that the Alaska digital data mapping program will
continue from within base funding at no less than the fiscal
year 2004 enacted level.
The managers reiterate their concern with the equipment
failure on the Landsat 7 satellite, which occurred well over a
year ago, and the issues that have arisen as a result. Despite
repeated requests from both the House and Senate Committees on
Appropriations, a clear plan has yet to be submitted by the
Administration regarding long term USGS satellite operations,
nor has an interim solution been offered to address the current
funding issues surrounding Landsat 7. The managers are dismayed
that the Administration has been unable to provide specific
guidance and coordination on an issue that crosses multiple
agencies and jurisdictions. Further, the managers object to the
notion of continuing to redirect funds from other valuable
Survey activities in order to maintain the status quo for a
program that is no longer fully functional. The managers expect
to see a fiscal year 2006 budget submission that contains a
detailed proposal to address the Landsat issue. If, however, a
clear plan regarding mission and funding options is not
received by June 30, 2005, the managers direct the Department
of the Interior to submit a plan for shutdown of the Landsat
program. In the meantime, to the extend that buyout savings may
be required to contribute to EROS Data Center operations during
fiscal year 2005, the mapping program should reserve these
funds to do so. The managers expect the Survey to be extremely
cautious in expanding its mapping programs or entering into
additional cooperative agreements with these monies until it is
clear how the Landsat issue will be resolved.
The managers agree that long-term remote sensing data is
vital to many aspects of the government and private sector in
the nation. Once again, the managers encourage the
Administration to work with NASA and other Federal agencies to
place the next generation Landsat sensor in orbit as soon as
possible to reduce future gaps in data.
Geologic Hazards, Resources and Processes.--Changes to
the House level for geologic hazards, resources and processes
include increases of $3,242,000 for the base volcano monitoring
program, $1,150,000 for the Alaska mineral resource assessment
program, and $100,000 for the Alaska Geological Materials
Center and decreases of $500,000 for the Advanced National
Seismic System program, $400,000 for the earth observation
monitoring program, $1,482,000 for the Alaska minerals-at-risk
project that has been completed, $250,000 for the landslide
hazards program, and $250,000 for geothermal assessments. Other
projects that are continued in fiscal year 2005 at their fiscal
year 2004 funding levels include a North Carolina coastal
erosion study, South Carolina/Georgia coastal erosion and
monitoring studies, and subsidence studies at the University of
New Orleans.
The managers agree that the volcano monitoring program is
vital to both the safety of citizens living near these areas
and the protection of commercial aircraft. Within the funds
provided in the conference agreement, the Survey shall continue
its ongoing volcanic research and monitoring activities at no
less than the fiscal year 2004 enacted level, and should direct
increased funding to areas of recent and imminent volcanic
activity.
The managers agree that the amount of funding provided
for conducting inquiries into the economic conditions affecting
mining and materials processing industries is $15,499,000. This
number will no longer appear in bill language.
Water Resources Investigations.--Changes to the House
level for water resources investigations include increases of
$1,481,000 for collaborative research with the University of
Oklahoma, $518,000 for the toxic substances hydrology program,
$50,000 for the Potomac River groundwater assessment study,
$198,000 for the Berkeley Pit study with Montana Tech, $295,000
for Lake Champlain basin toxic materials, $444,000 for
monitoring water resources in Hawaii, and $889,000 for the coal
bed methane study of the Tongue River, and decreases of
$400,000 for the water availability pilot project and $400,000
for the Klamath basin study. Funds remain in the base to
continue the US/Mexico border initiative at the fiscal year
2004 level. The managers agree that, from within base funds, up
to $889,000 may be designated for the Survey's continued
participation in the Long Term Estuary Assessment program. The
managers agree that the reduction to the Klamath basin funding
will be offset by an internal reprogramming in the current
fiscal year. The managers agree that the Potomac River
groundwater assessment projects in the House and Senate bills
address similar issues and they have been combined into one
project.
Biological Research.--Changes to the House level for
biological research include increases of $250,000 for northern
prairie carbon sequestration, $741,000 for the Mark Twain
National Forest mining study, $790,000 for molecular biology at
Leetown Science Center, $300,000 for pallid sturgeon research,
$198,000 for a diamondback terrapin study, $988,000 to complete
the Northern Continental Divide Ecosystem study in Montana,
$296,000 for a multi-disciplinary water resource study at
Leetown Science Center, $250,000 for the Delaware River Basin
Study, and decreases of $250,000 for ecological systems
mapping, $250,000 for the deepwater fisheries vessel program,
$500,000 for invasive species, $400,000 for Klamath basin
studies, $170,000 for equipment at the Anadromous Fish Research
Center, and $250,000 for cooperative research units. The
managers understand that the reduction to the Klamath basin
study is offset by an internal reprogramming in the current
fiscal year. The managers direct the Survey to continue to
pursue ongoing chronic wasting disease research nationwide and
to continue to work with the Southeastern Cooperative Wildlife
Disease Study. Within the funds available for invasive species
studies, the managers expect the Survey to continue its
cooperative program with Mississippi State University at no
less that the fiscal year 2004 enacted level.
Enterprise Information.--Changes to the House level for
enterprise information include increases of $500,000 for
certification and accreditation of information technology
systems, $300,000 for accessible data transfer and $50,000 for
the enterprise services network.
Science Support.--The change to the House level for
science support is a decrease of $1,000,000 for financial
management improvements.
Facilities.--There are no changes to the House funding
level for facilities activities. The conference agreement also
retains language proposed in the House bill designating
$1,600,000 from within amounts provided to remain available
until expended for deferred maintenance and capital improvement
projects exceeding $100,000. The managers have not agreed to
provide base funding to the Lake Pontchartrain restoration
project.
Other.--The managers note that, unless otherwise
specified, funding levels for ongoing projects included in the
conference agreement as proposed by the Senate should reflect
reductions that resulted from fiscal year 2004 rescissions.
ADMINISTRATIVE PROVISIONS
The conference agreement includes language proposed by
the House that provides work injury and travel benefits to
students.
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
The conference agreement provides $169,175,000 for
royalty and offshore minerals management instead of
$171,575,000 as proposed by the House and $171,175,000 as
proposed by the Senate. The managers agree to the following
changes to the House recommendations:
1. The leasing and environmental program includes an
earmark of $150,000 within available funds for the Alaska
Whaling Commission as proposed by the Senate.
2. Resource evaluation includes increases of $900,000 for
the Center for Marine Resources, MS and $900,000 for the Marine
Mineral Technology Center, AK as proposed by the Senate.
3. The regulatory program includes an increase of
$600,000 as proposed by the Senate for the Offshore Technology
Research Center, TX, and $1,000,000 for hurricane related
studies and for extra expenses of deepwater helicopter
operations.
4. Compliance and asset management is reduced by
$5,800,000. The managers understand that the agency will
realize savings in this program for fiscal year 2005 such that
this reduction will not reduce program capability. Compliance
and asset management is reduced accordingly, but approximately
$1,000,000 should be designated for section 202/205 cooperative
audits with the States.
5. The MMS should reprogram funds for e-government
initiatives relating to disaster management and ``SAFECOM'' to
the environmental studies program to help fund fixed costs.
Bill Language.--The managers accept the Senate proposed
bill language which deletes ``pilot'' in referring to the
royalty-in-kind program, allows payments to States under the
Mineral Leasing Act, and allows the MMS to recover certain
portions of the royalty-in-kind sales for costs directly
related to this program.
OIL SPILL RESEARCH
The conference agreement provides $7,105,000 for oil
spill research as proposed by both the House and the Senate.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The conference agreement provides $109,905,000 for
regulation and technology as proposed by the Senate instead of
$108,905,000 as proposed by the House. This total includes an
indefinite appropriation estimated to be $100,000. The
agreement includes $1,000,000 as proposed by the Senate to
contract with the National Research Council for a review of
coal reserves, research, and technologies. The agreement also
directs the OSM to reprogram funds for e-government initiatives
relating to disaster management and ``SAFECOM'' to help fund
fixed costs.
ABANDONED MINE RECLAMATION FUND
The conference agreement provides $190,863,000 for the
abandoned mine reclamation fund as proposed by the Senate
instead of $194,106,000 as proposed by the House. The agreement
directs the OSM to reprogram funds for e-government initiatives
relating to disaster management and ``SAFECOM'' to help fund
fixed costs. The managers note that bill language within Title
I, general provisions, provides an extension until June 30,
2005, of the Secretary's authority to collect fees pursuant to
the Surface Mining Control and Reclamation Act.
ADMINISTRATIVE PROVISION
The conference agreement includes bill language
recommended in the request which allows funds available for the
technical innovation and professional services program to be
used to transfer title for certain computer devices to State
and Tribal regulatory and reclamation programs.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
The conference agreement provides $1,955,047,000 for the
operation of Indian programs instead of $1,935,033,000 as
proposed by the House and $1,951,798,000 as proposed by the
Senate.
Tribal Priority Allocations.--Changes to the House level
for tribal priority allocations include increases of $3,000,000
for contract support costs and $2,000,000 for welfare
assistance.
Other Recurring Programs.--Changes to the House level for
other recurring programs include increases of $10,500,000 for
tribally controlled community colleges, $98,000 for the Alaska
Sea Otter Commission, $790,000 for the Bering Sea Fishermen's
Association, $87,000 for the Intertribal Bison Council,
$346,000 for the Chugach Regional Resources Commission, and a
decrease of $2,000,000 for the administrative cost grant fund.
Non-recurring Programs.--Changes to the House level for
non-recurring programs include increases of $500,000 for the
Rocky Mountain Technology Foundation, $750,000 for the rural
Alaska fire program, $1,250,000 for the Salish and Kootenai
College nursing program (housing project), $392,000 for Alaska
legal services, and $1,000,000 for the Denali Commission.
Central Office Operations.--Changes to the House level
for central office operations include decreases of $2,000,000
for the workforce initiative and $1,000,000 for information
resources technology.
Special Programs and Pooled Overhead.--Changes to the
House level for special programs and pooled overhead include
increases of $500,000 for the United Tribes Technical College,
$450,000 for the United Sioux Tribes Development Corporation,
$442,000 for the Crownpoint Institute, $1,250,000 for the
Western Heritage Center distance learning program, $750,000 for
the Alaska native aviation program, and $409,000 for e-
government initiatives, and $500,000 for the enterprise
services network.
Bill Language.--There is a statutory earmark of
$1,000,000 for administrative cost grants to tribes for
transitional costs instead of $3,000,000 as proposed by the
House and no funding as proposed by the Senate.
CONSTRUCTION
The conference agreement provides $323,626,000 for
construction instead of $348,626,000 as proposed by the House
and $283,126,000 as proposed by the Senate. Changes to the
House level include increases of $2,500,000 for the tribal
school demonstration program, $2,500,000 for facilities
maintenance of detention centers and a decrease of $30,000,000
for school replacement construction.
The managers have included bill language directing the
Bureau to provide $4,500,000 to the Eastern Band of Cherokee
education facility at the Ravensford tract, $4,000,000 for the
Sac and Fox Meskwaki settlement school and $4,000,000 for the
Twin Buttes elementary school on the Fort Berthold Reservation
within the Tribal School Demonstration Program.
The managers have retained language included in the
Senate bill that allows the Secretary of the Interior to assume
control of construction projects if the tribes have not
completed planning, design, and initial construction within 18
months of the appropriation of funds.
The managers have included bill language that allows the
Office of Special Trustee for American Indians to reimburse the
appropriate share of construction costs for space expansion
needs identified as a result of trust reform implementation.
The managers are aware of the significant problems with
Bureau owned detention centers, and have provided additional
funding for facilities and deferred maintenance of these
facilities. The managers urge the Department to address the
operations and maintenance of detention centers in future
budget submissions.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The conference agreement provides $44,771,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians as proposed by the House instead of $34,771,000 as
proposed by the Senate.
The managers have agreed to $10,032,000 for the Quinault
Indian Nation settlement. The managers have retained the Senate
bill language which contained minor technical differences from
the House.
The managers recognize that the Department of the
Interior is working with Northwest Indian tribes and the
shellfish industry to complete the historic Washington State
shellfish settlement agreement and secure funding for it. This
agreement represents nine years of hard, cooperative work by
the Tribes and the shellfish industry. The managers support
this effort and encourage the Department and all parties to
continue working together to finalize the settlement in a
timely manner. The managers agree that the Administration
should provide funding for settlements such as these in the
annual budget submission as the managers do not foresee having
funds above the requested level for new settlements.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The conference agreement provides $6,421,000 for the
Indian guaranteed loan program as proposed by both the House
and the Senate. The managers have retained the House bill
language which contained minor technical differences from the
Senate.
ADMINISTRATIVE PROVISIONS
Bill Language.--The conference agreement includes
language that allows certain tribes to continue to receive
contract support as a supplement to administrative cost grants.
DEPARTMENTAL OFFICES
Insular Affairs
ASSISTANCE TO TERRITORIES
The conference agreement provides $76,255,000 for
assistance to territories instead of $74,935,000 as proposed by
the House and $74,255,000 as proposed by the Senate. Changes in
funding levels from the House recommendation include the Senate
recommendations for an additional $320,000 to continue
judicial, court education, and court administration training,
and $1,000,000 for Marshall Islands health care. The managers
agree to the following:
1. Although the agreement does not include bill language
proposed by the Senate designating a specific funding level for
a grant to the Close Up Foundation, the managers do support
this effort and expect the Secretary to designate approximately
$750,000 for this program.
2. The OIA should reprogram funds for e-government
initiatives relating to disaster management and ``SAFECOM'' to
help fund fixed costs.
3. The conference agreement includes $1,000,000 for
payments to replace the Prior Service Trust Fund as proposed by
the House. The managers direct the Department to work with the
Prior Service Benefits Board of Directors to reach an agreement
as soon as possible, but no later than October 1, 2005, to
replace the Prior Service Trust Fund. Such agreement shall
provide for: (a) the pension systems of Palau, CNMI, RMI and
FSM to assume responsibility for the enrollees of the Prior
Service Benefits Trust Fund; (b) the allocation of potential
future U.S. funding, if appropriated, among these four pension
systems and payment of their benefits; (c) a reasonable
transition overhead rate; (d) appropriate changes in benefits,
if any; and (e) for the termination of certification and
enrollment of new beneficiaries by March 31, 2005. The managers
also direct that this $1,000,000 in funding should be
reprogrammed for general technical assistance uses if no
agreement can be reached.
4. The conference agreement includes $1,000,000 to assist
health care programs on the Marshall Islands as proposed by the
Senate. These instructions replace the Senate direction. These
funds shall first be used to provide primary health care to
members of the Enewetak, Bikini, Rongelap and Utrik communities
who currently reside on Enewetak Atoll, Kili island, Mejetto
island, Rongelap Atoll following resettlement, and Utrik Atoll.
Such primary medical care shall consist of a clinic with at
least one doctor and an assistant, and necessary supplies and
logistical support. If excess funds are available, these funds
may be used to augment primary healthcare for members of these
communities who get primary healthcare services from the
facilities in Ebeye and Majuro.
5. The managers have included $1,000,000 to continue work
on water system rehabilitation in the CNMI. The managers note
that the Army Corps of Engineers has completed a comprehensive
water infrastructure study that has identified and prioritized
over $200,000,000 in essential needs. The magnitude of this
need far exceeds any possible resolution from funds made
available to the Interior and Related Agencies Subcommittee on
Appropriations. Existing programmatic expertise of other
Federal agencies is not being used fully, as evidenced in the
delays in completing the Kagman water project by the Department
of Agriculture. Accordingly, the managers direct the Secretary
of the Interior to prepare, in consultation with the
Interagency Group on Insular Areas, a comprehensive,
coordinated and detailed implementation program for the plans
developed by the Army Corps of Engineers by July 31, 2005. To
develop this program the Secretary shall look to authorities of
the Corps of Engineers under the Secretary of the Army, the
Bureau of Reclamation within the Department of the Interior,
the various programs under the Secretary of Agriculture,
authorities available to the Administrator of the Environmental
Protection Agency, and authorities available under any other
agency dealing with water infrastructure. The Secretary shall
provide the House and Senate Committees on Appropriations with
an implementation plan that fully utilizes and coordinates
those authorities to ensure that the goals of the plan are
achieved in a timely, cost-effective manner. The managers
expect the implementation plan to identify projects,
responsible agency, funding needs, implementation schedule, any
statutory or other changes necessary to implement the program,
and a specific timetable for full completion.
COMPACT OF FREE ASSOCIATION
The conference agreement provides $5,499,000 for the
compact of free association as proposed by the House instead of
$5,400,000 as proposed by the Senate. The conference agreement
follows the funding recommendations made by the House.
Departmental Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $90,855,000 for
departmental management instead of $79,551,000 as proposed by
the House and $81,608,000 as proposed by the Senate. The
changes described below are to the House recommended funding
level.
Management and Coordination.--Increases include $750,000
for the financial and business management system, $10,500,000
to restore partially funds cut on the House floor for motor
vehicle lease, purchase or services costs, and $54,000 for E-
government initiatives.
Bill Language.--The conference agreement retains the
language proposed in the Senate bill directing the transfer of
$13,500,000 from unobligated balances in the Central Hazardous
Materials Fund. The conference agreement modifies the language
proposed in the House bill reducing amounts otherwise
appropriated for motor vehicle lease, purchase or service
costs. The modification changes $13,500,000 to $3,000,000.
PAYMENTS IN LIEU OF TAXES
The conference agreement provides $230,000,000 for
payments in lieu of taxes as proposed by the Senate instead of
$226,000,000 as proposed by the House.
Office of the Solicitor
SALARIES AND EXPENSES
The conference agreement provides $52,384,000 for the
office of the solicitor instead of $51,356,000 as proposed by
the House and $53,053,000 as proposed by the Senate. The
changes described below are to the House recommended funding
level.
Legal Services.--Increases include $446,000 for paralegal
and support positions, $300,000 for legal staff support, and
$186,000 for fixed costs.
General Administration.--Increases include $15,000 for E-
government initiatives and $78,000 for fixed costs.
Ethics Office.--Increases include $3,000 for fixed costs.
Office of Inspector General
SALARIES AND EXPENSES
The conference agreement provides $37,800,000 for office
of inspector general, instead of $37,655,000 as proposed by the
House and $38,100,000 as proposed by the Senate. The changes
described below are to the House recommended funding level.
Audits.--Changes include an increase of $237,000 for
fixed costs and a decrease of $100,000 for non-traditional
audit staff.
Investigations.--Changes include an increase of $165,000
for fixed costs and a decrease of $172,000 for law enforcement
equipment replacement.
Administrative Services and Information Management.--
Changes include increases of $105,000 for fixed costs and
$10,000 for E-government initiatives, and a decrease of
$100,000 for IT standardization.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
The conference agreement provides $196,267,000 for
Federal trust programs as proposed by both the House and the
Senate. The managers have retained language contained in the
Senate bill that caps the amount of funding that can be used
for historical accounting activities at $58,000,000.
INDIAN LAND CONSOLIDATION
The conference agreement provides $35,000,000 for Indian
land consolidation programs instead of $42,000,000 as proposed
by the House and $50,000,000 as proposed by the Senate. The
managers are concerned about recent events in the courts that
will likely slow the process of Indian land consolidation and
reduce the ability of the Department of the Interior to
obligate funds for acquisition of lands. The land consolidation
program has the potential to resolve many of the contentious
issues surrounding Indian trust management. The actions of the
court concerning notifying Indian landowners of ongoing
litigation will undoubtedly slow the process of consolidation
of lands.
Bill Language.--The managers have retained bill language
included by the Senate that allows Indian land consolidation
funds to be transferred to the Bureau of Indian Affairs and
Departmental Management accounts. The House had no similar
provision.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The conference agreement provides $5,818,000 for the
natural resource damage assessment fund as proposed by both the
House and the Senate.
General Provisions--Department of the Interior
Sec. 101. The conference agreement modifies the text of
Senate section 101 correcting the reference to the budget
agreement in providing Secretarial authority to transfer
program funds for emergencies. The House had a similar
provision in section 101 of the House bill.
Sec. 102. The conference agreement modifies the text of
Senate section 102 correcting the reference to the budget
agreement in providing for expenditure or transfer of funds by
the Secretary for natural disasters. The House had a similar
provision in section 102 of the House bill.
Sec. 103. The conference agreement retains the language
proposed in section 103 of the House bill providing for use of
appropriated funds for operation of garages, shops, warehouses,
and similar facilities. The Senate had a similar provision in
section 103 of the Senate bill.
Sec. 104. The conference agreement retains an identical
provision in section 104 of both the House and Senate bills,
providing for vehicle and other services.
Sec. 105. The conference agreement retains the language
proposed in section 105 of the House bill making permanent the
use of appropriated funds to purchase uniforms or to provide a
uniform allowance. The Senate had a similar provision in
section 105 of the Senate bill.
Sec. 106. The conference agreement retains the language
proposed in section 106 of the House bill making permanent a
provision that contracts issued for services and rentals with
appropriated funds be in effect for a period not to exceed 12
months. The Senate had a similar provision in section 106 of
the Senate bill.
Sec. 107-109. The conference agreement retains identical
provisions in sections 107-109 of both the House and Senate
bills, prohibiting the expenditure of funds for Outer
Continental Shelf (OCS) leasing activities in certain areas.
Sec. 110. The conference agreement retains a provision in
section 110 of the House bill prohibiting the National Park
Service from reducing recreation fees for non-local travel
through any park unit. The Senate had no similar provision.
Sec. 111. The conference agreement retains the language
proposed in section 111 of the House bill that makes permanent
a provision limiting the investment of Federal funds by tribes
or tribal organizations. The Senate had a similar provision in
section 110 of the Senate bill.
Sec. 112. The conference agreement retains a provision in
section 112 of the House bill permitting the transfer of funds
between the Bureau of Indian Affairs and the Office of Special
Trustee for American Indians. The Senate had an identical
provision in section 111 of the Senate bill.
Sec. 113. The conference agreement retains a provision in
section 113 of the House bill continuing a provision allowing
the hiring of administrative law judges to address the Indian
probate backlog. The Senate had an identical provision in
section 112 of the Senate bill.
Sec. 114. The conference agreement retains a provision in
section 114 of the House bill continuing a provision permitting
the redistribution of tribal priority allocation and tribal
base funds to alleviate funding inequities. The Senate had an
identical provision in section 113 of the Senate bill.
Sec. 115. The conference agreement retains a provision in
section 115 of the House bill continuing a provision requiring
the allocation of Bureau of Indian Affairs postsecondary
schools funds consistent with unmet needs. The Senate had an
identical provision in section 114 of the Senate bill.
Sec. 116. The conference agreement retains the language
proposed in section 115 of the Senate bill that makes permanent
a limitation on the use of the Huron Cemetery in Kansas. The
House had a similar provision in section 116 of the House bill.
Sec. 117. The conference agreement retains a provision in
section 117 of the House bill continuing a provision permitting
the conveyance of the Twin Cities Research Center of the former
Bureau of Mines for the benefit of the National Wildlife Refuge
System. The Senate had an identical provision in section 116 of
the Senate bill.
Sec. 118. The conference agreement retains the language
proposed in section 119 of the House bill making permanent a
provision permitting the Bureau of Land Management to retain
funds from the sale of seeds and seedlings. The Senate had a
similar provision in section 117 of the Senate bill.
Sec. 119. The conference agreement retains a provision in
section 120 of the House bill continuing a provision
authorizing the Secretary of the Interior to use helicopters or
motor vehicles to capture and transport horses and burros at
the Sheldon and Hart National Wildlife Refuges. The Senate had
an identical provision in section 118 of the Senate bill.
Sec. 120. The conference agreement modifies a provision
in section 119 of the Senate bill limiting the implementation
of Claims Maintenance and Location Fees and directs the Bureau
of Land Management to establish a permit tracking system. The
House had no similar provision.
Sec. 121. The conference agreement modifies a provision
in section 120 of the Senate bill allowing certain funds
provided for land acquisition at the Shenandoah Valley
Battlefield NHD and Ice Age NST to be granted to a State, a
local government, or any other land management entity. The
House had a similar provision in section 121 of the House bill.
Sec. 122. The conference agreement retains a provision in
section 122 of the House bill continuing a provision
prohibiting the closure of the underground lunchroom at
Carlsbad Caverns NP, NM. The Senate had an identical provision
in section 121 of the Senate bill.
Sec. 123. The conference agreement retains a provision in
section 123 of the House bill preventing the demolition of a
bridge between New Jersey and Ellis Island. The Senate had no
similar provision.
Sec. 124. The conference agreement retains a provision in
section 125 of the House bill continuing a provision limiting
compensation for the Special Master and Court Monitor appointed
by the Court in Cobell v. Norton to 200 percent of the highest
Senior Executive Service rate of pay. The Senate had an
identical provision in section 122 of the Senate bill.
Sec. 125. The conference agreement retains a provision in
section 126 of the House bill continuing a provision allowing
the Secretary to pay private attorney fees for employees and
former employees incurred in connection with Cobell v. Norton.
The Senate had an identical provision in section 123 of the
Senate bill.
Sec. 126. The conference agreement retains a provision in
section 127 of the House bill dealing with the U.S. Fish and
Wildlife Service's responsibilities for mass marking of
salmonid stocks. The Senate had no similar provision.
Sec. 127. The conference agreement modifies a provision
in section 128 of the House bill dealing with paying for
operational needs at the Midway Atoll National Wildlife Refuge
airport using funds appropriated under the ``Departmental
Management, Salaries and Expenses'' appropriation. The
modification changes the word ``shall'' to ``may''. The Senate
had no similar provision.
Sec. 128. The conference agreement retains a provision in
section 129 of the House bill prohibiting the conduct of gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
on lands described in section 123 of the Department of the
Interior and Related Agencies Appropriations Act, 2001, or land
that is contiguous to that land. The Senate had an identical
provision in section 124 of the Senate bill.
Sec. 129. The conference agreement retains a provision in
section 130 of the House bill continuing a provision
prohibiting the use of funds to study or implement a plan to
drain or reduce water levels in Lake Powell. The Senate had an
identical provision in section 125 of the Senate bill.
Sec. 130. The conference agreement retains a provision in
section 131 of the House bill allowing the National Indian
Gaming Commission to collect $12,000,000 in fees for fiscal
year 2006. The Senate had an identical provision in section 126
of the Senate bill.
Sec. 131. The conference agreement retains a provision in
section 127 of the Senate bill making funds available to the
tribes within the California Tribal Trust Reform Consortium and
others and separates this demonstration project from the
Department of the Interior's trust reform organization. The
House had a similar provision in section 132 of the House bill.
Sec. 132. The conference agreement modifies a provision
in section 128 of the Senate bill dealing with grazing permits
in the Jarbidge field office of the Bureau of Land Management.
The House had no similar provision.
Sec. 133. The conference agreement modifies a provision
in section 130 of the Senate bill restoring mining claims
voided due to defective waivers of the mining maintenance fee.
The House had no similar provision.
Sec. 134. The conference agreement retains a provision in
section 131 of the Senate bill allowing proceeds from the
University of Nevada at Las Vegas Foundation's research park
leases to be used to carry out the Foundation's research
mission. The House had no similar provision.
Sec. 135. The conference agreement modifies a provision
in section 132 of the Senate bill extending the authority of
the Secretary of the Interior to collect fees pursuant to the
Surface Mining Control and Reclamation Act. The House had no
similar provision.
Sec. 136. The conference agreement retains a provision in
section 133 of the Senate bill authorizing the Secretary of the
Interior to acquire lands for the operation and maintenance of
facilities in support of transportation of visitors to Ellis,
Governors, and Liberty Islands. The House had no similar
provision.
Sec. 137. The conference agreement includes a new
provision to redesignate the ACE Basin National Wildlife
Refuge, SC, as the Ernest F. Hollings ACE Basin National
Wildlife Refuge.
Sec. 138. The conference agreement includes a new
provision to exempt certain coastal barrier property in South
Carolina from financial assistance and flood insurance
limitations under the Coastal Barriers Resources Act and the
National Flood Insurance Act of 1968.
Sec. 139. The conference agreement includes a new
provision resolving a boundary encroachment on lands of the
Union Pacific Railroad Company in Tipton, California; requiring
the Secretary of the Interior to permit continued use and
occupancy of certain privately owned cabins in the Mineral King
Valley in the Sequoia National Park; and authorizing the
continued use of certain lands within the Sequoia National Park
by portions of an existing hydroelectric project.
Sec. 140. The conference agreement includes a new
provision to designate certain lands within the Apostle Islands
National Lakeshore in the State of Wisconsin as the Gaylord A.
Nelson National Wilderness.
Sec. 141. The conference agreement includes a new
provision regarding special use grazing permits on the Mojave
National Preserve, CA.
Sec. 142. The conference agreement includes a new
provision amending Public Law 92-195 concerning the management
of wild horses and burros.
Sec. 143. The conference agreement includes a new
provision excluding non-native migratory bird species from
application of certain prohibitions under the Migratory Bird
Treaty Act.
Sec. 144. Includes a new section transferring lands from
the Bureau of Land Management to the Department of Veterans
Affairs for construction of a new health facility, previously
announced by the Department.
Sec. 145. The conference agreement includes a new
provision adjusting the boundary of the Cumberland Island
Wilderness and authorizing tours of the Cumberland Island
National Seashore.
Sec. 146. The conference agreement includes a new
provision dealing with the 2004-2005 snowmobile season.
The conference agreement does not include a provision
proposed in section 118 of the House bill authorizing a
cooperative agreement with the Golden Gate National Parks
Association, CA.
The conference agreement does not include a provision
proposed in section 124 of the House bill prohibiting posting
of clothing optional signs at Canaveral NS, FL.
The conference agreement does not include a provision
proposed in section 133 of the House bill limiting the use of
the National Mall for special events.
The conference agreement does not include a provision
proposed in section 129 of the Senate bill amending Public Law
104-208 to modify the authorized uses of franchise fund
proceeds.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
FOREST AND RANGELAND RESEARCH
The conference agreement provides $280,278,000 for forest
and rangeland research instead of $280,654,000 as proposed by
the House and $279,883,000 as proposed by the Senate. The
managers agree to the following changes to recommendations that
were proposed by the House:
------------------------------------------------------------------------
Conference recommendation
-------------------------------
Project or activity Change from
House Project total
------------------------------------------------------------------------
General decrease........................ -$1,800,000 ..............
Fixed costs............................. -1,000,000 $6,109,000
Forest inventory and analysis........... 4,000,000 56,714,000
Advanced housing research consortium.... -300,000 1,300,000
Adelgid research NE station............. 0 1,500,000
Sudden oak death research............... 0 2,500,000
Emerald ash borer research in Ohio...... -250,000 250,000
Southern pine beetle initiative......... 0 2,000,000
Olympic Natural Resource Center, WA..... 0 300,000
Western Carolina Univ. biotechnology.... -988,000 0
Watershed condition research initiative. -2,247,000 4,994,000
Invasive species initiative............. 0 1,081,000
Joe Skeen Inst. Montana St. Univ........ 350,000 350,000
Forest Products Lab salvage lumber, WI.. 600,000 600,000
NE States research cooperative.......... 25,000 2,000,000
Baltimore urban watershed, MD........... 2,000 200,000
Fernow expt. forest hydrology, WV....... 230,000 230,000
Morgantown, WV pests & pathogens........ 6,000 500,000
Sitka, AK lab........................... 14,000 1,130,000
Hardwood tree improvement & regen, IN... 921,000 921,000
Coweeta, technology transfer, NC........ 4,000 300,000
Bent Cr. cumberland silviculture, NC.... 4,000 300,000
Joe Skeen Inst. Range. Research, NM..... 53,000 300,000
Adelgid and insects in east research.... 0 0
Coweeta hemlock wooly adelgid, NC....... 0 300,000
------------------------------------------------------------------------
The managers also agree to the following:
1. The Forest Service should clearly display in future
budget justifications the funding provided for various
Congressional priorities, and display what part of the request
includes funding for these items.
2. The funding for emerald ash borer research shown in
the table above, $250,000, should be utilized in Ohio, and
should be in addition to other funding in the budget for
ongoing research on this pest at other locations.
3. The funding remaining for the watershed condition
initiative should be reprogrammed for other, higher priority
fundamental research efforts, not including the FIA program.
4. The previous table provided above supercedes the
Senate report instruction concerning funding levels and the
across the board cuts.
5. The managers support funding, to the extent
practicable, for implementation of the rules and protocols for
carbon accounting as part of the climate change initiative.
STATE AND PRIVATE FORESTRY
The conference agreement provides $296,626,000 for State
and private forestry instead of $282,446,000 as proposed by the
House and $291,169,000 as proposed by the Senate. Funding for
this appropriation should follow the House recommendations
unless otherwise instructed herein.
Forest Health Management.--The conference agreement
provides $55,000,000 for Federal lands forest health management
as proposed by the House instead of $46,012,000 as proposed by
the Senate. The conference agreement includes $48,300,000 for
cooperative lands forest health management instead of
$48,000,000 as proposed by the House and $35,214,000 as
proposed by the Senate. The change from the House
recommendation is the addition of $300,000 for Vermont forest
monitoring as proposed by the Senate.
The managers do not agree to the specific allocation
providing funding for newly found pests or pathogens which was
proposed by the Senate. The managers agree that the Forest
Service should withhold a portion of forest health funding from
immediate distribution so it is available later in the year to
address new problems that may emerge. The managers recommend
that the Administration stop proposing an emerging pest fund.
The managers strongly encourage the Administration to use the
Secretary's authority under Public Law 97-46 to fund the
survey, evaluation, control and management of unplanned,
emerging pest occurrences from funds available to the agencies
or corporations of the Department of Agriculture. This approach
has been used in the past for the Forest Service and has been
used in previous years for emergency pest projects by the
Animal and Plant Health Inspection Service.
Cooperative Fire Assistance.--The conference agreement
includes $33,384,000 for State fire assistance instead of
$36,384,000 as proposed by the House and $30,000,000 as
proposed by the Senate. This allocation includes $5,000,000 as
proposed by the House for urgent work near the San Bernardino
National Forest and a general program increase of $2,000,000
above the House level. The managers do not agree to the
specific allocation proposed by the House for community
wildfire protection plans, but the managers do agree that this
approach is of utmost importance and urge the Forest Service
and the States to give this effort a very high priority.
The conference agreement includes $6,000,000 for
volunteer fire assistance as proposed by the Senate instead of
$5,443,000 as proposed by the House. The conference agreement
also includes additional funds for State fire and volunteer
fire assistance as part of the national fire plan funding
within the wildland fire management account.
Forest Stewardship.--The conference agreement includes
$32,775,000 for forest stewardship instead of $37,000,000 as
proposed by the House and $33,000,000 as proposed by the
Senate. Changes from the House recommendations include a
reduction of $275,000 for Chesapeake Bay forestry for a total
of $1,225,000, a reduction of $3,000,000 for community wildfire
plans as proposed by the Senate, and a general decrease of
$950,000 as proposed by the Senate. Although there is no
specific allocation for community wildfire plans, the managers
strongly support this activity and encourage the Forest Service
and the States to pursue this work. The managers have provided
adequate funds within the forest stewardship program to begin
an update of the Highlands Regional Study in order to identify
high priority areas, including important conservation areas in
Pennsylvania, to help ensure the health and sustainability of
these sites through management, protection and wise use. The
managers note that there is no funding for a grant for the
Downeast Lakes forestry partnership and that forest stewardship
funds should never be used for land acquisition or acquisition
of interests in lands.
Forest Legacy Program.--The conference agreement includes
$57,939,000 for the forest legacy program instead of
$43,119,000 as proposed by the House and $76,329,000 as
proposed by the Senate. These funds are derived from the Land
and Water Conservation Fund. The conference agreement includes
the following distribution of funds for the forest legacy
program:
State and project Conference
TN Walls of Jericho.................................... $3,500,000
AL Mobile Tensaw Delta................................. 1,200,000
MT Blackfoot--Clearwater............................... 3,300,000
NJ Raritan River Watershed............................. 3,800,000
MT North Swan River Valley............................. 3,000,000
WA Cedar Green Forest.................................. 1,600,000
WI Wolf River.......................................... 2,000,000
WV Potomac River Hills................................. 1,000,000
AL Cumberland Mountain, Miller-Maxwell................. 1,200,000
DE Green Horizons...................................... 1,000,000
VA Dragon Run.......................................... 600,000
VI Annaly Bay/Hermitage Valley......................... 500,000
SC Catawba-Wateree Forest.............................. 3,000,000
ME Katahdin Forest..................................... 4,500,000
NM Horse Springs Ranch................................. 2,500,000
WI Tomahawk--Northwoods--III........................... 2,000,000
CO Banded Peaks........................................ 1,600,000
ME Sebago Lands........................................ 500,000
MA Stock Mountain North................................ 375,000
WA Carbon River Forest, phase 1........................ 1,300,000
KY Knobs State Forest (Kuhn's tract)................... 1,200,000
CA Six Rivers to the Sea............................... 2,300,000
IA NE Upper Bluffs..................................... 550,000
UT Pioneer Ranch....................................... 750,000
NY Tahawus............................................. 1,700,000
VT Mt. Holly Wildlife Corridor II...................... 500,000
MN Brainerd Lakes...................................... 2,000,000
ID St. Joe Basin, phase 3.............................. 3,500,000
MA Muschopauge Brook................................... 400,000
VA The Cove............................................ 240,000
TN Scott's Gulf........................................ 1,500,000
RI Hoxie Farm.......................................... 850,000
NH Thirteen Mile Woods II.............................. 2,000,000
VT Orange County Headwaters (Meadowsend)............... 450,000
NH Trout Pond.......................................... 1,200,000
VT Chittenden.......................................... 1,220,000
FL New State Start-up.................................. 500,000
OH New State Start-up.................................. 500,000
TX New State Start-up.................................. 500,000
Use of prior year funds................................. -7,300,000
Forest Legacy Program Administration, Acquisition
Management, and Assessment of Need Planning......... 4,904,000
--------------------------------------------------------
____________________________________________________
Total, Forest Legacy.............................. 57,939,000
The conference agreement retains bill language proposed
by the House requiring notification of the Committees on
Appropriations when the Forest Service makes funds available
for specific forest legacy projects. The managers note that
funds are not provided within the forest legacy program for the
Senate proposed Mirror Lake project, NH. However, within the
economic action program the conference agreement includes a
grant to the Hubbard Brook Foundation to help conserve this
area.
Urban and Community Forestry.--The conference agreement
includes $32,400,000 for the urban and community forestry
program instead of $32,000,000 as proposed by the House and
$33,111,000 as proposed by the Senate. Changes from the House
recommendation for this activity include a decrease of $100,000
for northeast PA community forestry for a total of $500,000,
and inclusion of Senate proposals of $350,000 for the Chicago
wilderness program, $150,000 for the urban watershed forestry
research and demonstration cooperative in Baltimore, MD, and a
$411,000 general program decrease.
The conference agreement replaces instructions in both
the House and the Senate committee reports concerning the urban
and community forestry allocation methodology. The managers
have reviewed the allocation methodology for the urban and
community forestry program proposed by the Forest Service in
its report to the Committees on Appropriations. The managers
have been addressing this issue for several years and are
displeased with the slow rate of progress at implementing a
better performance based allocation method which also includes
a more fair assessment of State program needs and capability.
The managers understand that the timing of this appropriation
makes it more difficult for the Forest Service to fully
implement a performance based system in FY 2005. Therefore, the
managers direct the Forest Service to provide quarterly updates
to the House and Senate Committees on Appropriations regarding
the establishment of a performance based allocation for the
distribution of funds to the regions, and that the new
allocation methodology with this modification be fully
implemented in fiscal year 2006. The managers expect
allocations for fiscal year 2005 to the States to remain at the
levels as recommended in the agency's report.
Economic Action Programs.--The conference agreement
includes $19,300,000 for the economic action programs instead
of $10,000,000 as proposed by the House and $19,975,000 as
proposed by the Senate. The managers have provided $500,000 for
the Hinkle Creek project, OR, with the understanding that no
further funding will be made available for this program. The
conference agreement includes bill language concerning a
$2,000,000 direct payment for the Kake land exchange, AK and a
direct payment of $1,500,000 to Canton, NC for wood products
wastewater repairs. The funds for the education and research
consortium of western North Carolina should include the Pisgah
Forest Institute, and allow expansion of the education
initiative to appropriate institutions with natural resources
expertise in Pennsylvania and northern California. The
conference agreement includes the following distribution of
funds:
Program/Project Conference
Economic Recovery Program............................... $5,000,000
WA state rural technology initiative.................... 600,000
KY mine reforestation................................... 500,000
Syracuse SUNY forestry technology....................... 600,000
Pisgah forest envir. Ed, ERC, NC........................ 2,000,000
NC Inst. Forest Biotech. heritage trees................. 200,000
Allegheny NF area, PA tourism........................... 250,000
South Lake Tahoe MTBE study, CA NV...................... 500,000
Chugach Avalanche Center, AK............................ 200,000
Ketchikan Wood Tech. Center, AK......................... 750,000
Vermont Wood Products Collaborative..................... 500,000
North Carolina St./Forest res. & wood prods............. 500,000
Fuels-in-schools biomass program, MT.................... 1,500,000
Kake Land Exchange, AK.................................. 2,000,000
Alabama rural economic action........................... 500,000
Hinkle Creek, OR watershed study........................ 500,000
University of Idaho, Mica Cr............................ 250,000
Northern Forests Partnership program, NH................ 200,000
Utah Rural Development Council.......................... 400,000
Hubbard Brook Foundation, Mirror Lake, NH............... 750,000
Canton, NC wood products wastewater repair.............. 1,500,000
New England value added wood products, MA............... 100,000
--------------------------------------------------------
____________________________________________________
Total, Economic Action Programs..................... $19,300,000
Forest Resource Information and Analysis.--The conference
agreement includes $5,028,000 for forest resource information
and analysis as proposed by the Senate instead of $9,000,000 as
proposed by the House. Additional information concerning the
FIA program is under the forest and rangeland research heading.
International Program.--The conference agreement includes
$6,500,000 for the International program as proposed by both
the House and the Senate. The managers agree with the Senate
comments on forest sustainability and certification, but
clarify that the Forest Service is encouraged to fund projects
which promote overall environmental benefits provided by the
use of credible, sustainable forest management and forest
certification programs, and the Forest Service should not give
a specific preference for any particular certification program.
NATIONAL FOREST SYSTEM
The conference agreement provides $1,400,260,000 for the
national forest system instead of $1,399,599,000 as proposed by
the House and $1,387,149,000 as proposed by the Senate.
Funds should be distributed as follows:
Land management planning................................ $64,057,000
Inventory and monitoring................................ 169,659,000
Recreation, heritage & wilderness....................... 260,969,000
Wildlife & fish habitat management...................... 136,647,000
Grazing management...................................... 48,711,000
Forest products......................................... 277,097,000
Vegetation & watershed management....................... 192,285,000
Minerals and geology management......................... 56,532,000
Landownership management................................ 93,427,000
Law enforcement operations.............................. 87,226,000
Vales Calderas National Preserve, NM.................... 3,650,000
Centennial of Service challenge......................... 10,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 1,400,260,000
The following discussion describes funding changes from
the House passed bill.
Land Management Planning.--This activity includes
$400,000 for the senvironmental training program proposed by
the Senate and the Senate proposed general decrease of
$400,000.
Inventory and Monitoring.--The agreement does not include
a special allocation for multi-party monitoring, although the
managers do support this activity. The managers encourage
various groups to participate in collaborative planning and
engage in monitoring and note that fund transfers for
monitoring are not limited to groups which were participants in
the planning process.
Recreation, Heritage, and Wilderness Management.--The
conference agreement includes a decrease of $1,375,000 below
the House recommended level, which is an increase of $3,625,000
above the request and the Senate recommendation. The managers
note that the current eruptive activity at Mt. St. Helens
National Volcanic Monument has greatly increased the need for
visitor services as well as media and science program support
and emergency readiness. In addition, the managers note that
May 18, 2005, will be the 25th anniversary of the catastrophic
blast. The managers encourage the Forest Service to consider
the use of $2,000,000 of the increased funding above the
request for this activity to support activities at the
Monument. The Forest Service should use emergency incident
funding sources when needed during eruptive episodes to assure
proper and safe management of the public.
Wildlife and Fish Habitat Management.--This activity
includes the Senate proposed increase of $250,000 for the
Batten Kill River, VT, and a general program decrease of
$125,000.
Forest Products.--The managers agree to the Senate
proposed earmark in bill language of $5,000,000 for Tongass
national forest timber sales preparation. The agreement does
not include a special allocation for restoration projects as
proposed by the Senate, although the managers agree that this
is a very important use of funds and have included an increase
above the request which may be used for such purposes. The
managers clarify that the required report on timber sale claims
proposed by the Senate should deal with those years where the
data are available. The managers agree that the forestry work
on the Lincoln NF, NM should be done cooperatively with the
Mescalero Apache tribe when practicable and consistent with
national forest system regulations and procedures.
Vegetation and Watershed Management.--The managers
include a total of $1,000,000 for Wayne NF, OH watershed
recovery but do not agree with the Colville NF allocation. The
agreement includes Senate proposed funding of $1,000,000 for
the Tongass national forest, AK, pre-commercial thinning,
$350,000 for leafy spurge eradication in North Dakota, and a
general decrease of $2,500,000. No specific appropriated
allocation is designated for the Lake Tahoe basin.
Law Enforcement.--This activity includes a decrease of
$100,000 for Daniel Boone NF, KY, drug control.
Valles Caldera National Preserve.--The conference
agreement includes the funding level and bill language as
proposed by the Senate. The managers direct the Forest Service
and the board of the preserve to provide the House and Senate
Committees on Appropriations with an annual report depicting
operations, deferred maintenance, and capital infrastructure
needs over a 5-year time frame. This should be prioritized, and
should explain how the individual projects relate to health and
safety and to other aspects of the preserve's goals. The first
report should be presented by April 30, 2005, and thereafter,
reports should be included in the annual budget justifications,
and the reports should include annual summaries of past
accomplishments.
WILDLAND FIRE MANAGEMENT
The conference agreement provides $1,727,008,000 for
wildland fire management instead of $1,734,865,000 as proposed
by the House and $1,703,897,000 as proposed by the Senate. The
managers note that Title IV also includes a special allocation
of $400,000,000 for urgent wildfire suppression under certain
circumstances.
Wildfire Preparedness.--The agreement includes
$686,000,000 for preparedness as proposed by the Senate instead
of $693,627,000 as proposed by the House. The managers
reiterate the direction contained in the House and Senate
reports regarding the need to maintain the level of fire
readiness accomplished in fiscal year 2004. The managers note
that the grounding of large airtankers this past season, and
the need to assure the availability of effective aviation
firefighting assets in fiscal year 2005 and beyond creates
additional demands on limited wildfire preparedness and
suppression funding. Accordingly, in order to assure a
preparedness level equal to that attained in fiscal year 2004,
the managers direct the Forest Service to charge expenses to
wildfire suppression for unplanned costs related to the
grounding of airtankers, and for the unplanned additional costs
necessary to assure sufficient aviation resources are available
to maintain initial attack capability and suppress wildfires.
Wildfire Suppression Operations.--The conference
agreement includes $658,000,000 for suppression operations as
proposed by the House instead of $658,400,000 as proposed by
the Senate. The managers have provided the full amount of the
ten year average cost of wildfire suppression, an increase of
$60,870,000 above the fiscal year 2004 funding level.
The managers concur with concerns expressed in the House
and Senate reports regarding the need to control suppression
costs. The managers are concerned that effective performance
measures are not in place on an inter-agency basis to report on
suppression costs. It is imperative that the Secretaries
establish appropriate performance metrics promptly. This
includes the integration of reporting systems, implementation
of policies through the Wildland Fire Leadership Council for
cost reporting, and responding to findings of the independent
cost control review panel established under Public Law 108-287.
The managers direct the Secretaries to submit a report no later
than June 30, 2005, on performance measures planned for
implementation in fiscal year 2006 to be used on an inter-
agency basis. In the interim, the managers have modified
language for reporting wildfire suppression costs in fiscal
year 2005 as follows: (1) Average cost per fire using a
statistically representative sample, stratified as follows:
small (<300 acres), medium (300-20,000 acres), and large
(>20,000 acres) fires not contained in initial attack; (2) cost
per acre burned, using a statistically representative sample
for fires not contained in initial attack stratified by small,
medium, and large; and (3) the percentage of fires, using a
statistically representative sample, not contained in initial
attack that exceed a ``stratified fire cost index.'' This index
would take into account known fire characteristics that affect
expenditures; specifically, fire intensity, size, Forest
Service region and proximity to communities, using historical
cost per acre as a basis. In addition, the mangers direct the
Forest Service to develop and implement direction for
identifying a ``most cost effective'' wildland fire situation
analysis alternative no later than October 1, 2005, and report
the percentage of fire events that adopt this alternative under
the wildland fire situation analysis computer decision support
system beginning in fiscal year 2006.
The managers concur with the Senate direction concerning
the preparation of a strategic plan for fire and aviation
resources. The managers expect that the plan will indicate the
costs associated with determining the useful life of the P-2V
air tanker.
Other Wildfire Operations.--The conference agreement
includes $383,008,000 for other fire operation activities
instead of $383,238,000 as proposed by the House and
$359,497,000 as proposed by the Senate. The allocation of this
funding is as follows:
Program Amount
Hazardous fuels......................................... $266,238,000
Rehabilitation & restoration............................ 13,000,000
Research & development.................................. 22,025,000
Joint fire science...................................... 8,000,000
Forest health management--Federal....................... 15,000,000
Forest health management--cooperative................... 10,000,000
State and community fire assistance..................... 40,745,000
Volunteer fire assistance............................... 8,000,000
--------------------------------------------------------
____________________________________________________
Total other wildfire operations..................... 383,008,000
The conference agreement includes $266,238,000 for
hazardous fuels treatments as proposed by the House and the
Senate, an increase of $32,758,000 over the fiscal year 2004
level. This allocation includes the Senate proposals of
$1,000,000 for the Chugach NF, AK and $1,500,000 for the Santa
Fe watershed, NM. The managers have not included a specific
amount for the Lake Tahoe basin. The managers have not included
a specific allocation for the Ecological Restoration Institute,
AZ, but the managers understand that the Forest Service plans
to work with the Institute on a variety of projects. The
managers have included bill language making up to $5,000,000 of
hazardous fuels funds available for making grants to promote
the economical removal of biomass from national forest lands.
The managers direct the Forest Service to develop this program
with the clear intent to make grants that will result in
increased commercial use of biomass products, and which will
thereby result in reduced overall hazardous fuels program
costs. The managers further direct that a report detailing the
progress of this effort shall be submitted to the House and
Senate Committees on Appropriations no later than six months
after the enactment of this Act. Bill language proposed by the
House concerning hazardous fuels contracting authorities is
deleted as recommended by the Senate because these authorities
are contained within a Title III general provision.
The conference agreement includes $13,000,000 for
rehabilitation and restoration activities as proposed by the
House. The managers direct that $2,000,000 be made available to
the native plant materials program to be used in conjunction
with the similar effort at the Department of the Interior under
the joint guidance of the interagency plant conservation
alliance.
The conference agreement includes $22,025,000 for
research and development activities. Changes from the House
proposal include increases of $1,300,000 for the University of
Montana landscape analysis center and $200,000 for the related
University of Idaho project and a $2,475,000 general program
decrease.
The conference agreement includes $15,000,000 for Federal
forest health activities and $10,000,000 for cooperative forest
health activities as proposed by the House. These funds should
be used for high priority work, as part of the national fire
plan, to implement activities which restore forests and reduce
wildfire danger to natural resources and communities.
The managers have included $40,745,000 for State and
community fire assistance. Changes from the House
recommendation include increases of $2,100,000 for the Alaska
Kenai Peninsula Borough, $1,500,000 to the Municipality of
Anchorage, $1,600,000 for the Matanuska-Susitna Borough, AK,
$1,000,000 for the Fairbanks North Star Borough, AK, and
$300,000 for the Cook Inlet tribal council, AK, and a general
program decrease of $5,755,000 below the House level as
proposed by the Senate. Of the amount provided to the
Municipality of Anchorage, $1,000,000 shall be for the
Anchorage Soil and Water District for its Firewise program, to
be used solely for the removal of dead and dying trees and to
the maximum extent possible, local contractors should be used.
Each of the amounts in this paragraph shall be distributed in
the form of an advance direct lump sum payment.
Within the funds for State fire assistance, $200,000
should be provided to Lincoln County, NV. The volunteer fire
assistance allocation is $8,000,000 as proposed by the House
and the Senate.
CAPITAL IMPROVEMENT AND MAINTENANCE
The conference agreement provides $521,952,000 for
capital improvement and maintenance instead of $522,940,000 as
proposed by the House and $516,169,000 as proposed by the
Senate. The conference agreement provides for the following
distribution of funds:
Activity/Project Amount
Facilities:
Maintenance......................................... $81,531,000
Capital Improvement................................. 95,524,000
Congressional Priorities:
Allegheny NF, PA................................ 2,800,000
D. Boone NF, recreation improvements, KY........ 600,000
National Forests of North Carolina.............. 2,500,000
Cherokee NF, TN................................. 900,000
San Bernardino NF, CA........................... 2,000,000
Tongass Admir. NM/Juneau RD admin site, AK...... 4,283,000
Monongahela NF facilities, WV................... 1,960,000
Chugach NF Valdez visitor center, AK............ 500,000
Smith County Lake, MS........................... 500,000
Forest products lab durability test facility, WI 1,000,000
Ouachita NF visitor center and admin, OK........ 1,500,000
Mystic ranger station and research, additional
funds, SD..................................... 1,200,000
Log transfer facilities R10, AK................. 1,500,000
Chugach NF Russian River interagency visitor
center, AK.................................... 1,000,000
Chugach NF & AK railroad backcountry
whistlestop, AK............................... 1,600,000
Daniel Boone NF Fitchburg Furnace, KY........... 670,000
--------------------------------------------------------
____________________________________________________
Subtotal Facilities........................... 201,568,000
========================================================
____________________________________________________
Roads:
Maintenance......................................... 146,795,000
Capital Improvement................................. 76,291,000
Congressional Priorities:
Williams River & Spruce Knob roads, WV.......... 1,500,000
Tongass NF, AK.................................. 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal Road................................. 229,586,000
========================================================
____________________________________________________
Trails:
Maintenance......................................... 39,013,000
Congressional Priorities:
FL National Scenic Trail........................ 500,000
Continental Divide Trail........................ 500,000
Pacific Crest National Scenic Trail............. 500,000
Appalachian Trail............................... 75,000
Nez Perce Trail................................. 400,000
North Country Trail............................. 75,000
Other National and Historic Trails.............. 433,000
Capital Improvement................................. 32,778,000
Congressional Priorities:
FL National Scenic Trail........................ 500,000
Continental Divide Trail........................ 1,000,000
Pacific Crest Trail improvements, CA OR WA...... 1,000,000
--------------------------------------------------------
____________________________________________________
Subtotal Trails............................... 76,774,000
========================================================
____________________________________________________
Infrastructure Improvement:
Fish Passage Barriers, R6 & R5...................... 4,000,000
Deferred Maintenance................................ 10,024,000
--------------------------------------------------------
____________________________________________________
Subtotal Infrastructure Improvement............... 14,024,000
========================================================
____________________________________________________
Total, Capital Improvement and Maintenance........ 521,952,000
The managers agree with the overall program direction for
this account provided by both the House and the Senate. The
funds provided for the Allegheny NF include $230,000 for the
Kiasutha campground, $1,085,000 for Kinzua wolf run marina,
$285,000 for the Willow Creek ATV site, $200,000 for
Marienville district displays, and $1,000,000 for the Bradford
administrative site. The funds included for the Daniel Boone NF
are for the London Dock boat ramp and completion of the Craigs
Creek campground. The North Carolina national forests funding
includes $1,000,000 for the Santeetlah phase III project,
$500,000 for the Cradle of Forestry roof repairs, and
$1,000,000 for the Curtis Creek recreation area, Wilson Creek
access project. The Cherokee NF funding includes $400,000 for
Chilhowee campground improvements, $350,000 for the Ocoee
Whitewater Center maintenance and interpretive upgrades, and
$150,000 to complete a management plan, with public
involvement, for the Ocoee and Hiawassee Corridor. The funding
for the San Bernardino NF is intended for the supervisor's
office. The Forest Service should contract with Cook Inlet
Regional Corporation, for work on the Russian river interagency
center.
The managers expect that the specific allocations
provided for the National scenic and historic trails will
become part of the base budgets for the forests and the regions
which host these important resources so that this detailed
level of Committee oversight should not be required in future
years. The service should continue annual displays of funding
needs and accomplishments of these trails in the budget
justification.
The managers note that in several cases specific
congressional priority projects involve maintenance,
improvement, and construction of a combination of facilities,
roads, and trails. Although such congressional priorities are
reflected in a single budget line item, the managers expect the
agency to comply with congressional intent for completion of
the entire project andauthorize the agency to move funds
between budget lines within the account to complete projects as
intended while accurately reflecting project costs.
LAND ACQUISITION
The conference agreement provides $61,866,000 for land
acquisition instead of $15,500,000 as proposed by the House and
$82,524,000 as proposed by the Senate.
The managers agree to the following distribution of
funds:
Area (State) Amount
Alabama National Forests, multiple NFs (AL)............. $1,900,000
Arapahoe NF: Arapaho, Miller Property (CO).............. 1,025,000
Arapahoe NF: Beaver Brook Watershed (CO)................ 2,000,000
Bonneville Shoreline Trail, multiple NFs (UT)........... 1,800,000
Chattahoochee-Oconee NF: Georgia Mtns. Riparian Project
(GA)................................................ 1,000,000
Chequamegon-Nicolet NF: Wisconsin Wild Waterways (WI)... 3,200,000
Cherokee NF: Tennessee Mountains (TN)................... 500,000
Chippewa/Superior NF: Minnesota Wilderness (MN)......... 375,000
Coconino NF: Sedona/Red Rocks/Oak Creek (AZ)............ 1,800,000
Columbia River Gorge NSA, multiple NFs (OR/WA).......... 1,000,000
Custer NF: Schwend Mtn. Ranch (MT)...................... 1,200,000
Daniel Boone NF (KY).................................... 1,000,000
Flathead NF: Swan Valley (MT)........................... 3,000,000
Florida NF: Florida National Scenic Trail (FL).......... 2,000,000
Florida NF: Suwannee Wildlife Corridor (FL)............. 2,000,000
Great Lakes/Great Lands, multiple NFs (MI).............. 1,800,000
Greater Yellowstone Area, multiple NFs (MT/ID).......... 3,500,000
Green Mountain NF (VT).................................. 1,000,000
Helena & Lolo NFs: Blackfoot Challenge (MT)............. 10,000,000
Hoosier NF: Hoosier Unique Areas (IN)................... 435,000
Idaho Wild and Scenic Rivers (Indian Creek Ranch),
multiple NFs (ID)................................... 565,000
Lolo NF: Hiawatha Trail (MT)............................ 360,000
Mark Twain NF: Ozark Mountain Streams and Rivers (MO)... 500,000
Monongahela NF: Monongahela Historic Areas (WV)......... 270,000
Okanogan-Wenatchee NF: I-90 Corridor (WA)............... 3,400,000
Ouachita NF: Ozark St. Francis (AR)..................... 1,000,000
Pacific Northwest Streams, multiple NFs (OR/WA)......... 1,500,000
San Bernardino NF (CA).................................. 1,500,000
Santa Fe Protection & Watershed, multiple NFs (NM)...... 1,500,000
Shawnee NF: Illinois Disappearing Habitat (IL).......... 850,000
Sierra Nevada Inholdings, multiple NFs (CA)............. 1,500,000
Six Rivers NF: Goose Creek-Smith River (CA)............. 2,136,000
Wasatch-Cache NF: High Uintas (UT)...................... 1,000,000
White River NF: High Elk Corridor (CO).................. 750,000
Use of unobligated balances............................. -11,000,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 46,366,000
Acquisition Management.................................. 13,000,000
Critical Inholdings/Wilderness Protection............... 1,500,000
Land Exchange Equalization Payment...................... 1,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 61,866,000
The managers expect the Forest Service to ensure that
acquisitions associated with the Blackfoot Challenge are
consistent with Federal appraisal standards. The Forest Service
should not pay more than the fair market value determined by
those appraisals.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The conference agreement provides $1,069,000 for the
acquisition of lands for national forests special acts as
recommended by both the House and the Senate.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The conference agreement provides an indefinite
appropriation estimated to be $234,000 for the acquisition of
lands to complete land exchanges as proposed by both the House
and the Senate.
RANGE BETTERMENT FUND
The conference agreement provides an indefinite
appropriation estimated to be $3,064,000 for the range
betterment fund as proposed by both the House and the Senate.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The conference agreement provides $65,000 for gifts,
donations and bequests for forest and rangeland research as
proposed by both the House and the Senate.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The conference agreement provides $5,962,000 for
management of national forest system lands for subsistence uses
in Alaska as proposed by both the House and the Senate.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
The managers agree to the following changes to the House
recommendations:
1. The Senate language concerning abolishing or moving a
regional office is included as in previous years.
2. The House and Senate bill language is deleted which
prevented funds from this Act to be used for implementing
section 8002 of the Farm Security and Rural Investment Act of
2002 (the Forest Land Enhancement Program). The conference
agreement cancels $20,000,000 from this activity instead of no
cancellation as proposed by the House and the Senate proposed
cancellation of $40,000,000.
3. The Senate proposed language concerning sale of
facilities and use of receipts on the Green Mountain NF, VT is
included although authority is provided for 2 years.
4. The Senate language is included limiting Older
Americans Act staff treatment as Federal employees to December
31, 2005.
5. The Senate language is included concerning school
payments for certain dependents of agency personnel in Puerto
Rico.
6. The Senate proposal concerning sale of excess
buildings on the Wasatch-Cache NF, UT is included but provided
for two years.
7. A technical change to the aircraft authority is
included which allows leasing of certain firefighting aircraft.
Funds in the budget request for the e-government
initiatives ``SAFECOM'' and disaster management should be
reprogrammed to cover fixed costs not funded in the budget.
The managers direct the Secretaries of Agriculture and
the Interior to continue the ongoing research on the success of
the Resource Advisory Councils established under the 2000
Secure Rural Schools and Community Protection Act.
DEPARTMENT OF ENERGY
Clean Coal Technology
(DEFERRAL)
The conference agreement defers the availability of
$257,000,000 in clean coal technology funds until October 1,
2005, as proposed by the Senate instead of a deferral of
$237,000,000 as proposed by the House. The FutureGen program is
not funded in this account, as proposed by the House, but is
funded in the fossil energy research and development account.
The managers expect the Department to include a table on
the FutureGen program, as outlined in the House Report 108-542,
in future budget requests for fossil energy research and
development account. The managers make no assumptions on the
future use of deferred clean coal technology funds.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
The conference agreement provides $579,911,000 for fossil
energy research and development instead of $601,875,000 as
proposed by the House and $542,529,000 as proposed by the
Senate. The changes described below are to the House
recommended funding level.
FutureGen.--There is an increase of $18,000,000 for the
FutureGen power plant initiative.
Clean Coal Power Initiative.--There is a decrease of
$55,000,000 for the clean coal power initiative. The managers
note that funding will need to be increased substantially in
fiscal year 2006 if the program is to remain on a schedule
consistent with the President's clean coal initiative.
Innovations for Existing Plants.--There is an increase of
$1,300,000 for innovations for existing plants of which
$800,000 is for the Research Partnership to Secure Energy for
America for domestic fossil fuel research, including a
thermoenergy integrated power system to achieve an advanced
level of clean, economical power generation from coal, and
other exploration and production technologies.
Advanced Systems.--There is a decrease of $2,000,000 for
gasification systems technology and an increase of $800,000 for
combustion systems to complete the Environmental Control
Technology Laboratory project at Western Kentucky University,
including research leading to zero emissions for combustion
systems.
Fuels.--In transportation fuels and chemicals, there is
an increase of $1,000,000 in the coal to liquids program to
expand small footprint plant conversion technology and an
increase of $3,000,000 in the solid fuels and feedstocks
program to build on hydrogen from coal efforts with the
University of North Dakota Energy and Environmental Research
Center. There is also a general program decrease of $1,500,000
for hydrogen from coal research. In advanced fuels research,
there is a decrease of $500,000 for C-1 chemistry.
Advanced Research (Coal).--In coal utilization science,
there are increases of $4,000,000 for the Center for Zero
Emissions Coal Research, and $1,000,000 for the Arctic Energy
Office, which continues that program at last year's level.
Distributed Generation Systems/Fuel Cells.--In advanced
research, there is an increase of $5,000,000 for HiTEC, and a
general reduction of $3,000,000 below the House proposed level.
In systems development, there is a decrease of $2,700,000.
Funding provided in systems development completes the molten
carbonate fuel cell/hybrid project. In vision 21 hybrids, this
will be the last year of funding for the tubular solid oxide
fuel cell program. In innovative concepts, there is a
$5,000,000 increase to initiate a competitively awarded turbine
hybrid integration program.
Natural Gas Exploration and Production.--In natural gas
exploration and production, there are increases of $1,500,000
for national laboratory/industry partnerships and $4,000,000
for the Arctic Energy Office (an increase of $1,000,000 above
last year's level), and decreases of $3,000,000 for advanced
drilling completion and stimulation and $1,000,000 for
liquefied natural gas research.
Natural Gas Infrastructure.--In natural gas
infrastructure, there is an increase of $1,371,000 for delivery
reliability research.
Effective Environmental Protection (Natural Gas).--In
effective environmental protection, there is an increase of
$1,000,000 to continue and expand research on coal bed methane,
including produced water research.
Oil Technology/Exploration and Production.--In oil
technology exploration and production, there is an increase of
$1,500,000 for national laboratory/industry partnerships and a
decrease of $500,000 for reservoir efficiency. The managers
note that the Arctic Energy Office is funded at last year's
level of $2,000,000.
Reservoir Life Extension.--There is a decrease of
$1,000,000 for domestic resource conservation in the reservoir
life extension program.
Effective Environmental Protection (Oil).--There is a
decrease of $300,000 for environmental science in the effective
environmental protection program.
Other Programs.--In cooperative research and development,
there is an increase of $1,065,000. In environmental
restoration, there is a decrease of $1,000,000.
Bill Language.--Bill language is included providing for
the use of $18,000,000 for the FutureGen program as proposed by
the Senate. The House included language under the clean coal
technology account.
Language also is included earmarking $50,000,000 for the
clean coal power initiative as proposed by the Senate instead
of $105,000,000 as proposed by the House. The managers note
that funding for the clean coal power initiative will need to
be increased substantially in fiscal year 2006 to keep this
initiative on schedule.
The managers agree to the following:
1. The table required by the House (under the clean coal
technology heading) detailing the history and annual budget
request for FutureGen should be included in future budget
requests for fossil energy research and development.
2. Within available funds, the director of the National
Energy Technology Laboratory, in cooperation with the heads of
the Strategic Petroleum Reserve and the Naval Petroleum and Oil
Shale Reserves, should evaluate the viability of developing oil
shale reserves, with emphasis on available technologies, and on
cost and environmental impacts, and report the findings to the
House and Senate Committees on Appropriations no later than May
1, 2005.
3. Within the funds provided for sequestration research
and development, the Department should consider oxygen fuel
technology currently being tested by DOE's Albany Research
Center.
4. Research efforts through the National Science
Foundation industry-university cooperative research center for
fuel cell research, SC, should be considered in the energy
conservation account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
The conference agreement provides $18,000,000 for naval
petroleum and oil shale reserves as proposed by both the House
and the Senate.
ELK HILLS SCHOOL LANDS FUND
The conference agreement provides $36,000,000 to become
available on October 1, 2005, for the 7th payment to the Elk
Hills School Lands Fund as proposed by both the House and the
Senate.
Bill Language.--Bill language is included referencing the
settlement agreement of October 11, 1996, between the State of
California and the Department of Energy as proposed by the
House. The Senate did not reference the specific agreement.
ENERGY CONSERVATION
The conference agreement provides $649,092,000 for energy
conservation instead of $656,071,000 as proposed by the House
and $854,299,000 as proposed by the Senate. The House bill did
not include funding for the weatherization assistance program
because funding and jurisdiction for that program were
transferred to the Appropriations Subcommittee on Labor, Health
and Human Services, Education and Related Agencies in the House
of Representatives. The changes described below are to the
House recommended funding level.
Vehicle Technologies.--In simulation and validation,
there is a decrease of $200,000. In advanced power electronics,
there is a decrease of $400,000. In the advanced combustion
engine program, there is a decrease of $1,000,000 for
combustion and emission control, an increase of $2,300,000 for
heavy truck engine research, and an increase of $2,000,000 for
turbocharger research in the waste heat recovery program. In
materials technology, there is a decrease of $500,000 for the
Vulcan Beam Line payment as part of the high temperature
materials laboratory program. In fuels technology, there is a
decrease of $1,000,000 for advanced petroleum based fuels and,
in the non-petroleum fuels and lubes program, there is an
increase of $2,400,000 for renewable and synthetic fuels and a
decrease of $700,000 for heavy truck research. There is also a
decrease of $1,000,000 in the environmental impacts program.
Fuel Cell Technologies.--In distributed energy systems,
there is a decrease of $500,000. In stack component research
and development, there is a decrease of $1,500,000 for
catalyst-specific research and an increase of $7,000,000 for
other stack component research.
Weatherization and Intergovernmental Assistance.--There
is a decrease of $300,000 for State energy program grants. In
gateway deployment, there are decreases of $1,000,000 for
Rebuild America and $1,000,000 for building codes training and
technical assistance, and an increase of $250,000 for the
energy star program.
Funding for the weatherization assistance program is
addressed in a separate portion of this Act.
Distributed Energy Resources.--In distributed energy
resources, there are decreases of $500,000 for microturbines,
$200,000 for advanced materials and sensors, and $800,000 for
thermally activated technology. In applications integration,
there is a decrease of $500,000 for fuel flexibility in
distributed generation systems, with the understanding that the
balance of the funding will be used for combustion work, and an
increase of $1,000,000 for the national accounts energy
alliance.
Building Technologies.--In residential buildings
integration, there is an increase of $1,000,000 for the
Building America program and a decrease of $250,000 for
residential building energy codes. In commercial buildings
integration, there is a decrease of $250,000 for commercial
building energy codes. In emerging technologies, there is an
increase of $1,500,000 for the solid state lighting initiative
and a decrease of $400,000 for space conditioning and
refrigeration, and, in the building envelope program, there is
a decrease of $400,000 for thermal insulation and building
materials and an increase of $750,000 for windows research. In
equipment and analysis, there is an increase of $750,000 for
appliance standards. There is also an increase of $500,000 for
oil heat research.
Industrial Technologies.--In industries of the future
(specific), decreases include $1,700,000 for forest and paper
products, $1,000,000 for steel, $1,000,000 for aluminum,
$52,000 for metal casting, $700,000 for glass, $2,800,000 for
chemicals, $700,000 for mining, and $27,000 for supporting
industries. In industries of the future (crosscutting) there is
a decrease of $550,000 for industrial assessment centers.
Biomass and Biorefinery Systems.--In biomass and
biorefinery systems, there is a decrease of $5,000,000 for
gasification programs.
Federal Energy Management Program.--There is an increase
of $500,000 for the Federal Energy Management Program.
Other.--There is a decrease of $1,000,000 for cooperative
programs with States. The managers expect that management of
the Rebuild America program will be assumed by the State
Technologies Advancement Collaborative in fiscal year 2005 and
anticipate that there will be synergies between these programs.
Bill Language.--The conference agreement earmarks
$44,798,000 for State energy conservation grants instead of
$45,098,000 as proposed by the House and $43,798,000 as
proposed by the Senate.
The managers agree to the following:
1. Within the funds provided for fuel cell technology,
the Department should consider expanding the Porvair project.
2. The managers are aware of positive test results,
provided to the Department, on a non-precious metal, tungsten
oxide, PEM fuel cell, cathode catalyst. These results are
promising from the standpoints of performance and non-
degradation. The Department is strongly encouraged to fund
further characterization and optimization of this cathode
catalyst.
3. In distributed energy resources, the funding provided
for thermally activated technology is to complete the existing
residential generator absorber heat exchanger heat pump
program.
4. The Rebuild America program is to be managed by the
State Technologies Advancement Collaborative. The Department
should move quickly to facilitate the transfer of
administrative management for this program to STAC. The
managers are pleased with STAC's management of the cooperative
programs with the States and believe that the Rebuild America
program will benefit from STAC management. The Department
should examine other programs for potential STAC involvement in
fiscal year 2005.
5. The new solicitation for off-highway research is not
meant to eliminate funding for cooperative research and
development agreements. The Department should consult with the
House and Senate Committees on Appropriations on the
appropriate distribution of funds between the new solicitation
and CRADAs.
6. Within the funds provided for materials technology in
the vehicle technologies program, research should be continued
and expanded on thermoplastic composite materials and
manufacturing infrastructure.
7. In the industrial materials for the future program,
$1,000,000 should continue to be provided to the Metals
Processing Laboratory Users Facility.
8. The managers understand that the Department will soon
issue an Exceptional Circumstances Determination with regard to
solid state lighting core technology research, with the purpose
of facilitating favorable access to the resulting intellectual
property by members of the Next Generation Lighting Industry
Alliance. This access is in exchange for the active work for
the Alliance in using its experience and expertise to bring a
manufacturing and commercial focus to the solid state lighting
project portfolio, as stipulated in the competitive
solicitation by which the Alliance was selected. The managers
support this arrangement and believe it will facilitate the
deployment of solid state lighting technologies and accelerate
reductions in electrical energy consumption.
9. The managers support the reprogramming of necessary
funds to support program administration costs at the National
Energy Technology Laboratory. The Committees approved a
reprogramming for this purpose in 2004 and realize that further
internal reprogrammings will be necessary in 2005. The
Committees expect the Department to realign its budget to
reflect the appropriate levels of funding for this purpose in
the 2005 funding column of the fiscal year 2006 budget request.
The Department should consult with the Committees prior to the
budget submission.
STRATEGIC PETROLEUM RESERVE
The conference agreement provides $172,100,000 for the
strategic petroleum reserve as proposed by both the House and
the Senate.
NORTHEAST HOME HEATING OIL RESERVE
The conference agreement provides $5,000,000 for the
northeast home heating oil reserve as proposed by both the
House and the Senate.
ENERGY INFORMATION ADMINISTRATION
The conference agreement provides $85,000,000 for the
energy information administration as proposed by the House
instead of $84,000,000 as proposed by the Senate.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
The conference agreement retains the House bill language
dealing with the use of receipts by the Department of Energy.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
The conference agreement provides $2,633,072,000 for
Indian health services instead of $2,628,322,000 as proposed by
the House and $2,633,624,000 as proposed by the Senate. The
changes described below are to the House recommended funding
level.
Hospital and Health Clinic Programs.--In hospital and
clinic programs, there is a decrease of $3,750,000 for the
Indian health care improvement fund and an increase of $500,000
for staffing at the King Cove, AK, clinic.
Contract Health Care.--There is an increase of $8,000,000
for contract health care.
Bill Language.--The conference agreement earmarks
$487,085,000 for contract health care instead of $479,085,000
as proposed by the House and $491,085,000 as proposed by the
Senate. The conference agreement modifies language, proposed by
the Senate, earmarking funds for alcohol control, enforcement,
prevention, treatment, sobriety and wellness, and education
programs in Alaska. The modification provides $15,000,000 for
these programs instead of $16,000,000 and permits the use of 15
percent of funds for administrative overhead instead of 10
percent. The House had no similar provision. The distribution
of funds proposed by the Senate is modified to provide
$8,000,000 to Alaska Native regional organizations, with
$2,000,000 (rather than $3,000,000) to be divided among the
remaining organizations as specified in item (5) in the Senate
report. Item (a) in the Senate report is revised as follows:
(a) $2,000,000 shall be provided as a direct lump sum payment
to the State of Alaska Department of Public Safety to
distribute on a timely basis to Alaska Native non-profit
corporations to operate the Village Public Safety Officer
Program.
The managers agree to the following:
1. The Service should reprogram the increases provided
for pay cost increases so that there is an equitable
distribution across all Federal and tribal programs.
2. The Recruitment of American Indians into Nursing
program at the University of North Dakota is funded at last
year's level, which includes the $95,000 provided in fiscal
year 2003.
3. The Service should provide a report on the use of
funds to date for the special alcohol and substance control,
enforcement, prevention, treatment, sobriety and wellness, and
education programs in Alaska. The report should be provided no
later than 60 days after enactment of this Act. This progress
report was due to the House and Senate Committees on
Appropriations on January 15, 2004, and the managers find the
Service's lack of response totally unacceptable.
4. The Alaska Federal Health Care Access Network is
funded at last year's level.
INDIAN HEALTH FACILITIES
The conference agreement provides $394,048,000 for Indian
health facilities instead of $405,048,000 as proposed by the
House and $364,148,000 as proposed by the Senate.
The managers agree to the following distribution of
funds:
Project Amount
Barrow Hospital, AK..................................... $3,000,000
Clinton, OK clinic...................................... 19,300,000
Eagle Butte, SD clinic.................................. 5,000,000
Fort Belknap, MT staff quarters......................... 5,000,000
Joint Ventures (using existing list).................... 4,800,000
Mobile dental units..................................... 1,000,000
New health clinic planning and design................... 1,000,000
Phoenix Indian Medical Center, AZ....................... 4,000,000
Red Mesa, AZ health center.............................. 19,382,000
Sisseton, SD health center.............................. 17,300,000
Small ambulatory facilities............................. 5,000,000
Wagner, SD staff quarters............................... 2,538,000
Zuni, NM staff quarters................................. 2,525,000
--------------------------------------------------------------
____________________________________________________
Subtotal.......................................... 89,845,000
Other:
Maintenance and improvement......................... 49,897,000
Sanitation facilities............................... 93,158,000
Facilities and environmental health support......... 143,567,000
Equipment........................................... 17,581,000
--------------------------------------------------------------
____________________________________________________
Total............................................. 394,048,000
Bill Language.--The conference agreement includes
language proposed by the Senate permitting the use of funds for
the purchase of land for replacement of the health care
facility in Barrow, Alaska. The House had no similar provision.
The conference agreement modifies language proposed by
the House permitting the use of funds to purchase land for the
northern and southern California youth regional treatment
centers for alcohol and substance abuse. The modification
specifies that such land should be purchased using prior year
unobligated funds. The Senate had no similar provision.
Bill language, proposed by the Senate, authorizing the
construction of a replacement health care facility in Nome,
Alaska is not included but the managers note that this project
should be considered in future budget requests.
The managers agree to the following:
1. The funds provided for the Barrow, AK hospital are for
land acquisition and planning. The total estimated cost of the
facility is $125 million.
2. The Service should finalize the site selections for
the northern and southern California youth regional treatment
centers for alcohol and substance abuse and, after the sites
are selected, include funds in the budget request for
construction of these facilities.
3. The funds included for the Eagle Butte, SD, clinic are
for site preparation.
4. The total estimated cost of the Fort Belknap, MT,
staff quarters project is $8,300,000. The $5,000,000 provided
for fiscal year 2005 should be used to construct staff quarters
in Harlem, MT. Funding for staff quarters in Hayes, MT, should
be included in the fiscal year 2006 budget request.
5. Funds for the Phoenix Indian Medical Center, AZ, are
for the design of a southwest clinic and a southeast clinic.
6. The funds for new health clinic planning and design
are to initiate design of the San Carlos, AZ, clinic and the
Kayenta, AZ, clinic. The Service recently approved the program
justification documents for these two facilities.
7. The Service should move quickly to issue a new
solicitation for small ambulatory care facilities. There should
be a 30-day tribal comment period prior to issuance of the
final solicitation.
8. The Service has informed the Committees that the funds
provided for the Sisseton, SD, clinic should be sufficient to
complete this project.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
The conference agreement continues language, included in
the fiscal year 2004 appropriation, as proposed by the House,
prohibiting the imposition of certain staffing restrictions on
the Indian Health Service.
The conference agreement modifies language proposed by
the House, permitting the use of third party collections for
the purchase of land for expansion of the IHS hospital in
Tahlequah, OK subject to advance approval by the House and
Senate Committees on Appropriations. The modification retains
the original text and adds language authorizing permanent
service unit status for the Tulsa and Oklahoma City pilot
health programs.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The conference agreement provides $5,000,000 for salaries
and expenses of the Office of Navajo and Hopi Indian Relocation
as proposed by the Senate instead of $11,000,000 as proposed by
the House. The managers understand that there are large
carryover balances in this program that can be used to continue
the program in fiscal year 2005.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The conference agreement provides $6,000,000 for payment
to the institute as proposed by both the House and the Senate.
Bill Language.--The conference agreement retains Senate
language that allows up to $1,000,000 of the funding to be used
for the institute's learning center.
Smithsonian Institution
SALARIES AND EXPENSES
The conference agreement provides $495,925,000 for
salaries and expenses of the Smithsonian Institution instead of
$496,925,000 as proposed by the House and $490,125,000 as
proposed by the Senate. The change to the House level is the
result of a reduction to the proposed increase of $1,000,000
for program support and major scientific instrumentation.
FACILITIES CAPITAL
The conference agreement provides $127,900,000 for
facilities capital instead of $122,900,000 as proposed by the
House and $136,900,000 as proposed by the Senate. The change to
the House level is the result of an increase of $5,000,000 for
revitalization work at the National Zoological Park. The
managers understand that most, if not all, of these funds will
be used for the Asia Trail exhibit. Language included in the
House bill allowing for the transfer of funds from the former
construction and repair, restoration and alteration of
facilities accounts to the facilities capital account has been
removed in the assumption that all such transfers have been
made and the language is no longer necessary.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
The conference agreement continues the administrative
provisions included in the House bill that place restrictions
on the use of funds for (1) the design of new or expanded
facilties; (2) Holt House; (3) the purchase of buildings; and
(4) compliance with reprogramming procedures. The House
provision regarding changes to the Smithsonian's science
programs has been amended by omitting reference to the Science
Commission's recommendations, which were approved by the Board
of Regents, and including a requirement of advance approval
from the House and Senate Committees on Appropriations in
agreement with current reprogramming guidelines.
National Gallery of Art
SALARIES AND EXPENSES
The conference agreement provides $93,000,000 for
salaries and expenses of the National Gallery of Art as
proposed by the House instead of $92,119,000 as proposed by the
Senate.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
The conference agreement provides $11,100,000 for repair,
restoration and renovation of buildings as proposed by the
House instead of $11,000,000 as proposed by the Senate.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The conference agreement provides $17,152,000 for
operations and maintenance of the Kennedy Center as proposed by
both the House and the Senate.
Based on recent recommendations from the General
Accounting Office, the managers direct the Kennedy Center to
annually update the comprehensive building plan as required by
the John F. Kennedy Center Act Amendments of 1994 and include
the prioritization of projects, individual project status, and
detailed budget information for both planned and ongoing
projects. The plan has not been updated since 2002.
The requirement to develop and annually update a
comprehensive building plan was intended to help improve
management of the Kennedy Center's capital projects, help
reduce the public costs of operating and maintaining the
facility, and ensure accountability for the cost and schedule
of the projects.
CONSTRUCTION
The conference agreement provides $16,334,000 for
construction as proposed by the Senate instead of $10,000,000
as proposed by the House.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The conference agreement provides $8,987,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars as proposed by both the House and the Senate.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The conference agreement provides $122,972,000 for grants
and administration of the National Endowment for the Arts
instead of $130,972,000 as proposed by the House and
$120,972,000 as proposed by the Senate. The agreement provides
$2,000,000 for the new American Masterpieces initiative.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The conference agreement provides $123,877,000 for grants
and administration of the National Endowment for the
Humanities, instead of $125,877,000 as proposed by the House
and $119,386,000 as proposed by the Senate. The change to the
House recommended level is a decrease of $2,000,000 to the We
the People initiative. When combined with amounts provided
within the Matching Grants account that follows, the total
recommended funding level for the NEH for fiscal year 2005 is
$139,999,000, an increase of $4,689,000 above the current year
enacted level.
MATCHING GRANTS
The conference agreement provides $16,122,000 for
matching grants as proposed by the House instead of $15,924,000
as proposed by the Senate.
Commission of Fine Arts
SALARIES AND EXPENSES
The conference agreement provides $1,793,000 for salaries
and expenses of the Commission of Fine Arts as proposed by the
House and the Senate.
National Capital Arts and Cultural Affairs
The conference agreement provides $7,000,000 for national
capital arts and cultural affairs as proposed by the House
instead of $6,000,000 as proposed by the Senate.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The conference agreement provides $4,600,000 for salaries
and expenses of the Advisory Council on Historic Preservation
as proposed by both the House and the Senate.
National Capital Planning Commission
SALARIES AND EXPENSES
The conference agreement provides $8,000,000 for salaries
and expenses of the National Capital Planning Commission as
proposed by the Senate instead of $7,999,000 as proposed by the
House.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The conference agreement provides $41,433,000 for the
Holocaust Memorial Museum as proposed by the House and the
Senate.
Presidio Trust
PRESIDIO TRUST FUND
The conference agreement provides $20,000,000 for the
Presidio Trust Fund as proposed by both the House and the
Senate.
TITLE III--GENERAL PROVISIONS
The conference agreement retains identical provisions in
sections 301-309 of both the House and Senate bills.
Sec. 310. The conference agreement retains the language
proposed in section 310 of the Senate bill providing one-year
authority, as in past years, for the collection and use of
private funds by the National Endowment for the Arts and the
National Endowment for the Humanities. The House had a similar
provision in section 310 of the House bill but it extended
through 2009.
Sec. 311. The conference agreement retains the one-year
authority, similar to previous years, proposed in section 311
of the Senate bill directing the National Endowment for the
Arts on funding distribution. The House had a similar provision
in section 311 of the House bill but it extended through 2009.
The conference agreement retains identical provisions in
sections 312-316 of both the House and Senate bills.
Sec. 317. The conference agreement continues the
provision in section 317 of the Senate bill addressing timber
sales involving Alaska western red cedar for one year as was
done previously. The House had no similar provision.
Sec. 318. The conference agreement modifies language
proposed in section 317 of the House bill and in section 332 of
the Senate bill concerning the Forest Service reforestation
fund. The conference agreement does not contain bill language
stating that the four purposes of the reforestation fund are of
equal priority but the Forest Service should not give overall
priority to one particular purpose over the others. The
managers note that the Knutson-Vandenberg Act was amended in
1976 to allow the use of timber purchaser funds for: (1)
planting trees, (2) sowing with tree seeds, (3) cutting or
removing undesirable trees or other growth to improve future
timber growth, and (4) protecting and improving the future
productivity of the renewable resources of the forest land,
including sale area improvement operations maintenance and
construction, reforestation, and wildlife habitat management.
The managers stress that, in selecting activities to be funded
using the KV fund, the Secretary shall give, to the maximum
extent practicable, equal importance to all four of these
purposes. The Forest Service should not withhold funding for
one or another of these purposes, but rather, decisions should
be made forest by forest and project by project as to what are
the most important conservation efforts.
Sec. 319. The conference agreement retains a provision in
section 318 of the House bill continuing a provision
prohibiting the Forest Service from using projects under the
recreation fee demonstration program to supplant existing
concessions. The Senate had an identical provision in section
318 of the Senate bill.
Sec. 320. The conference agreement retains the language
proposed in section 319 of the Senate bill, as was in previous
Acts, regarding the Forest Service land management planning
revision requirements. The House had a similar provision in
section 319 of the House bill.
Sec. 321. The conference agreement retains a provision in
section 320 of the House bill continuing a provision limiting
preleasing, leasing, and related activities within the
boundaries of national monuments. The Senate had an identical
provision in section 320 of the Senate bill.
Sec. 322. The conference agreement retains the language
proposed in section 321 of the Senate bill extending the Forest
Service Conveyances Pilot Program for two more years. The House
had a similar provision in section 321 of the House bill. The
managers are pleased with the operation of this program by the
Forest Service and request that its management continue as in
the past.
Sec. 323. The conference agreement replaces a provision
in sections 322 of both the House and Senate bills. The new
provision makes a technical correction to the Harriet Tubman
Special Resource Study Act.
Sec. 324. The conference agreement retains a provision in
section 323 of the House bill continuing a provision providing
the Secretary of the Interior and the Secretary of Agriculture
the authority to enter into reciprocal agreements with foreign
nations concerning the personal liability of firefighters. The
Senate had an identical provision in section 323 of the Senate
bill.
Sec. 325. The conference agreement retains a provision in
section 324 of the House bill allowing the Eagle Butte Service
Unit of the Indian Health Service to utilize health care
funding in a more efficient manner. The Senate had an identical
provision in section 324 of the Senate bill.
Sec. 326. The conference agreement retains a provision in
section 325 of the House bill continuing a provision
prohibiting the transfer of funds to other agencies other than
as provided in this Act. The Senate had an identical provision
in section 325 of the Senate bill.
Sec. 327. The conference agreement retains a provision in
section 326 of the House bill carried in previous years
limiting funds for oil or gas leasing or permitting on the
Finger Lakes National Forest, NY. The Senate had no similar
provision.
Sec. 328. The conference agreement retains the language
proposed in section 326 of the Senate bill allowing the
Secretary of Agriculture and the Secretary of the Interior to
consider local contractors when awarding contracts for certain
activities on public lands. The House had a similar provision
in section 328 of the House bill.
Sec. 329. The conference agreement retains a provision in
section 329 of the House bill continuing a provision which
limits the use of funds for filing declarations of taking or
condemnations. This provision does not apply to the Everglades
National Park Protection and Environmental Act. The Senate had
an identical provision in section 327 of the Senate bill.
Sec. 330. The conference agreement modifies a provision
in section 328 of the Senate bill concerning judicial review of
timber sales in Region 10 of the Forest Service; this authority
is provided for one year. The House had no similar provision.
Sec. 331. The conference agreement retains a provision in
section 330 of the House bill restricting the Forest Service
use of the Recreation Fee Demonstration program to certain
developed sites. The Senate had no similar provision.
Sec. 332. The conference agreement modifies the language
proposed in section 331 of the House bill providing guidance on
competitive sourcing activities and clarifying annual reporting
requirements to specify the reporting of the full costs
associated with sourcing studies and related activities. The
Senate had a similar provision in section 329 of the Senate
bill.
Sec. 333. The conference agreement retains a provision in
section 332 of the House bill requiring overhead charges,
deductions, reserves or holdbacks to be presented in annual
budget justifications, with changes presented to the
Appropriations Committees for approval. The Senate had an
identical provision in section 330 of the Senate bill.
Sec. 334. The conference agreement modifies a provision
in section 331 of the Senate bill prohibiting the transfer of
funds for SAFECOM and Disaster Management projects. The House
had a more restrictive provision in section 333 of the House
bill.
Sec. 335. The conference agreement retains a provision in
section 334 of the House bill, with a minor technical
modification, authorizing the conveyance of land within the San
Bernardino National Forest, CA. The Senate had no similar
provision.
Sec. 336. The conference agreement retains a provision in
section 335 of the House bill encouraging cooperative hazardous
fuels projects with the State of Colorado and the Forest
Service, and extending this authority to the Bureau of Land
Management. The Senate had no similar provision.
Sec. 337. The conference agreement retains a provision in
section 333 of the Senate bill allowing the State of Utah,
through contracts or cooperative agreements with the Forest
Service, to perform certain activities on Forest Service lands.
The House had no similar provision.
Sec. 338. The conference agreement modifies a provision
in section 335 of the Senate bill requiring that contact
centers associated with the national recreation reservation
service be located within the United States. The House had no
similar provision.
Sec. 339. The conference agreement modifies a provision
in section 339 of the Senate bill allowing categorical
exclusions for certain Forest Service grazing allotments. The
House had no similar provision.
Sec. 340. The conference agreement retains a provision in
section 340 of the Senate bill amending Public Law 90-542
regarding certain hunting camps on the Salmon River. The House
had no similar provision. The managers note that this provision
establishes use and occupancy as of June 6, 2003, for three
special use permits. The purpose of this language is to clarify
the legislative intent of the Central Idaho Wilderness Act and
the inclusion of the three hunting camps as an existing use.
The managers understand that all future modifications to these
camps will be such that the camps retain their basic
characteristics and the modifications do not substantially
alter the existing scope of use.
Sec. 341. The conference agreement retains a provision in
section 341 of the Senate bill allowing the Eastern Nevada
Landscape Coalition to enter into agreements with the
Department of the Interior and the Department of Agriculture.
The House had no similar provision.
Sec. 342. The conference agreement retains a provision in
section 342 of the Senate bill conveying certain lands in the
Tongass National Forest to the Community of Elfin Cove, Alaska.
The House had no similar provision.
Sec. 343. The conference agreement modifies a provision
in section 343 of the Senate bill providing a three-year
(versus a permanent) extension of a prohibition on Alaska
Native villages assuming administration of health services
contracts, and clarifying that Eastern Aleutian Tribes, Inc. be
considered an Alaska Native regional health entity for purposes
of disbursement of funds. The House had no similar provision.
Sec. 344. The conference agreement modifies a provision
in section 344 of the Senate bill providing for the use of
previously appropriated funds for the acquisition of lands for
the construction of the Seward, Alaska Interagency Center.
Sec. 345. The conference agreement includes a new
provision to extend the Forest Service rights-of-way cost
recovery authority originally provided in fiscal year 2000.
Sec. 346. The conference agreement includes a new
provision to provide for the conveyance of the Sandpoint
Federal Building and associated land in Sandpoint, Idaho.
Sec. 347. The conference agreement includes a new
provision authorizing the Secretary of Agriculture to carry out
a national forest land exchange in the State of Florida.
Sec. 348. The conference agreement includes a new
provision designating the Grey Towers National Historic Site in
the Commonwealth of Pennsylvania.
Sec. 349. The conference agreement includes a new
provision to adjust the boundaries of the Helena, Lolo, and
Beaverhead-Deerlodge National Forests in the State of Montana.
Sec. 350. The conference agreement includes a new
provision for a $5,000,000 grant to Kendall County, Illinois.
The conference agreement does not include a provision
proposed in section 327 of the House bill limiting the use of
funds for the planning, design, or construction of improvements
to Pennsylvania Avenue in front of the White House.
The conference agreement does not include a provision
proposed in section 334 of the Senate bill exempting certain
local residents from paying fees under the Recreation Fee
Demonstration program on the White Mountain National Forest.
The conference agreement does not include a provision
proposed in section 336 of the Senate bill amending the Alaska
National Interest Lands Conservation Act to allow for fishery
management and enhancement projects in additional wilderness
areas in Alaska.
The conference agreement does not include a provision
proposed in section 337 of the Senate bill allowing Alaska
residents with subsistence rights who are aged, infirm, or
disabled to designate another individual to engage in
subsistence activities for them and to reimburse such
designated person.
The conference agreement does not include a provision on
Missouri River water levels proposed by the Senate in section
338 of the Senate bill.
TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR URGENT WILDLAND FIRE
SUPPRESSION ACTIVITIES
The conference agreement includes supplemental
appropriations for the Department of the Interior and the
Forest Service that provide an additional $500,000,000 in
wildland fire suppression funds. This includes $100,000,000 for
the Department of the Interior and $400,000,000 for the
Department of Agriculture.
The conference agreement does not include the provisions
included in Title IV, Chapter 1 of the House bill that provided
supplemental appropriations for the Department of the Interior
and the Forest Service in fiscal year 2004. These funds were
included in the fiscal year 2005 Department of Defense
appropriation passed earlier this year (P. L. 108-287, Title X,
Chapter 3).
The purpose of this account is to provide funds so
firefighting can continue during a severe fire season without
the need to borrow from other land management accounts to pay
for wildfire suppression. The conference agreement still
contains authority for each Secretary, as appropriate, to
utilize funds from other accounts under their jurisdiction, if
all firefighting funds are exhausted.
The conference agreement retains language from the Senate
bill providing that these funds will become available only if
the funds provided in Titles I and II of this Act will be
exhausted imminently and the House and Senate Committees on
Appropriations and the Budget are notified. The managers
understand that the urgent wildland fire suppression funding is
only available because the conference agreement provides the
full 10-year average cost of fire suppression in Titles I and
II.
The conference agreement modifies language contained in
the House bill that allows funds in this title to be
transferred to other Interior and Forest Service accounts, as
appropriate, to repay amounts that have been borrowed during
wildland fire suppression crises.
The managers are very concerned about the high cost of
fire suppression and have included a number of cost containment
measures in this Act. The conference agreement modifies
language included in the House bill that directs the Secretary
of the Interior and the Secretary of Agriculture to submit a
report that outlines the specific cost containment measures
that are being implemented to contain wildland fire suppression
costs. The managers expect to receive a single, joint report
from both Secretaries.
The conference agreement allows unused funds from each
Department's fiscal year 2004 wildland fire management
appropriation to be used in subsequent years for future urgent
wildfire suppression activities.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
The conference agreement provides an additional amount of
$100,000,000 for Wildland Fire Management, for urgent wildfire
suppression activities as described above.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
The conference agreement includes an additional amount of
$400,000,000 for Wildland Fire Management, for urgent wildfire
suppression activities as described above.
The conference agreement includes language contained in
the Senate bill that establishes an independent cost-control
review panel for individual wildfire incidents exceeding
$10,000,000 in suppression costs. The conference agreement
modifies language contained in the Senate bill that directed
the transfer of funds from unobligated balances in the wildland
fire management account to the U.S. Treasury if the independent
cost-control review panel finds that appropriate actions were
not taken to control suppression costs.
TITLE IV--GENERAL PROVISIONS
The conference agreement does not include a provision
proposed in section 401 of the House bill prohibiting the use
of recreational fee funds for biological monitoring of species
listed under the Endangered Species Act. The Department of the
Interior has assured the managers that this practice will not
be pursued.
The conference agreement does not include a provision
proposed in section 402 of the House bill prohibiting the use
of funds for the planning, design, study, or construction of
forest development roads in the Tongass National Forest for the
purpose of private harvest.
The conference agreement does not include a provision
proposed in section 403 of the House bill directing the
Department of the Interior to submit a report on public access
to the Statue of Liberty.
TITLE V--ACROSS-THE-BOARD RESCISSIONS
Sec. 501. The conference agreement includes an across the
board reduction of 0.594 percent. This reduction should be
applied to each program, project, and activity, except for
Miscellaneous Payments to Indians, which has a different
application of the rescission as specified in the statutory
language.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $20,514,187
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 19,686,285
House bill, fiscal year 2005............................ 20,030,125
Senate bill, fiscal year 2005........................... 20,256,914
Conference agreement, fiscal year 2005.................. 20,044,977
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. -469,210
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +358,692
House bill, fiscal year 2005........................ +14,852
Senate bill, fiscal year 2005....................... -211,937
DIVISION F--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS 2005
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions set
forth in House Report 108-636 accompanying the bill H.R. 5006
and Senate Report 108-345 accompanying the bill, S. 2810.
In the cases where the language and instructions in
either report specifically address the allocation of funds,
each has been reviewed by the conferees and those that are
jointly concurred in have been endorsed in this joint
statement.
In the cases in which the House or the Senate have
directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations.
The conferees note that section 518 sets forth the
reprogramming requirements and limitations for the Departments
and agencies funded through this Division, including the
requirement to make a written request to the chairmen of the
Committees 15 days prior to reprogramming, or to the
announcement of intent to reprogram, funds in excess of 10
percent, or $500,000, whichever is less, between programs,
projects and activities.
Finally, the conferees request that statements on the
effect of this appropriation Act on the Departments and
agencies funded in this Division be submitted to the Committees
within 45 days of enactment of this Act. The conferees expect
that these statements will provide sufficient detail to show
the allocation of funds among programs, projects and
activities, particularly in accounts where the final
appropriation is different than that of the budget request.
Furthermore, the conferees request the statements to also
include the effect of the appropriation on any new activities
or major initiatives discussed in the budget justifications
accompanying the fiscal year 2005 budget.
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2005, put
in place by this bill, incorporates the following agreements of
the managers:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
The conference agreement includes $5,361,957,000 for
training and employment services, instead of $5,112,728,000 as
proposed by the House and $5,377,662,000 as proposed by the
Senate. Of the amount appropriated, $2,463,000,000 is an
advance appropriation for fiscal year 2006, as proposed by the
House and the Senate.
The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition
established in 20 CFR 667.220 for functions and activities
under title I of the Workforce Investment Act until such time
as legislation reauthorizing the Act is enacted.
For Adult Employment and Training Activities, the
conferees provide $898,107,000 as proposed by the Senate,
instead of $900,000,000 as proposed by the House.
For Youth Training, the conferees provide $994,242,000 as
proposed by the Senate instead of $1,000,965,000 as proposed by
the House.
The conference agreement includes $1,479,419,000 for the
Dislocated Worker program, as proposed by both the House and
the Senate. The conferees override the formula that provides
that 80 percent of the funds provided will be used for State
formula grants and 20 percent in a National Reserve Account.
For fiscal year 2005 the conferees provide $1,196,048,000 for
the State formula grants and $283,371,000 for the National
Reserve Account.
The conference agreement includes bill language giving
the Secretary of Labor authority to use dislocated worker
national reserve funds to provide assistance to a State for
statewide or local use in order to address cases where there
have been worker dislocations across multiple sectors or across
multiple local areas. The conferees urge the Secretary, when
determining competitive awards under this authority, to give
favorable consideration to the applications of assistance to
States that have sustained worker dislocation in such a manner
and can demonstrate the capacity to respond effectively in a
coordinated fashion across multiple sectors or local areas.
The conferees concur with language in the Senate report
regarding the length of time it takes for the Department to
approve applications for National Emergency Grants. The
conferees request that the Government Accountability Office
examine the administration of this program, and make
recommendations for improvement.
The conference agreement includes $54,675,000 for Native
Americans as proposed by the House instead of $55,000,000 as
proposed by the Senate.
The conference agreement includes $1,559,804,000 for Job
Corps. Within the total, $1,443,483,000 is provided for
continuing operations of the program and $116,321,000 is for
renovation and construction of Job Corps centers. The
conference recommendation includes an increase of $10,000,000
over the budget request to begin the process of establishing
additional Job Corps centers, following up on directions
contained in the conference report accompanying Public Law 108-
199.
The conference recommendation includes funding to support
a demonstration partnership with the Transportation Security
Administration (TSA) at multiple Job Corps sites so that the
Job Corps can help to fill unmet needs by providing TSA access
to an expanded pool of job applicants. This funding will pay
costs of both parties. The Department of Labor and the
Department of Homeland Security are encouraged to develop a
cooperative agreement that would help to leverage Federal
resources, to provide TSA with an expanded pool of potential
job applications and to utilize Job Corps facilities as
appropriate to support the needs of TSA, including those of
qualified private screening companies under contract to TSA.
The conferees note that Section 171 of the Workforce
Investment Act requires the Secretary, every two years, to
publish a plan that describes the demonstration and pilot
project priorities of the Labor Department, and expects the
next such plan to be completed and published by March 31, 2005.
The conferees further direct that the Department submit
an operating plan that outlines the planned allocation by major
project and activity (excluding Congressionally-directed
projects) of fiscal year 2005 funds for pilots, demonstrations,
and research. This plan should be provided to the House and
Senate Appropriations Committees no later than May 31, 2005.
The conferees recognized the effectiveness of the Family
Enrichment Center in Chicago, Illinois and encourages the
Department of Labor to continue its partnership with Haymarket
Center in order to enhance efforts to train individuals with
severe employment barriers.
With respect to the projects listed below for pilots and
demonstrations, the conferees encourage the Department to
ensure that these projects are coordinated with local Workforce
Investment Boards. The conferees also encourage the Department
to ensure that project performance is adequately documented and
evaluated. The conference agreement includes the following
amounts for the following projects and activities:
413 Hope Mission Ministries, Philadelphia, PA for
employment skills training for disadvantaged adults
and ex-offenders.................................... $100,000
Abilities Fund in Centerville, IA for a revolving loan
fund for entrepreneurs with disabilities............ 1,000,000
Advanced Ceramics Research, Inc., for academic outreach
and workforce development........................... 1,000,000
Alaska Department of Labor and Workforce Development,
Juneau, AK to fund training for gas pipeline workers 500,000
American Community Partnerships, Washington, DC, for the
Working Together for Jobs-Philadelphia in
conjunction with the Philadelphia Housing Authority
to provide pre-apprenticeship training.............. 200,000
American Illinois, Inc., Chicago, IL, for its Amer-I-Can
program for at-risk youth and ex-offenders.......... 50,000
Amigo de los Rios, Los Angeles, CA, for an environmental
career training program for at-risk youth........... 100,000
Asnuntuck Community College, Enfield, CT, for
improvements to Asnuntuck Community College's
Manufacturing Technology Center..................... 200,000
Automation Alley, Troy, MI for training................. 450,000
Aztec Fire Crew, Los Angeles, CA, for a project to train
fire-fighters and emergency medical technicians..... 400,000
Baltimore City, MD, for the ex-offender initiative at
the Mayor's Office of Employment Development........ 450,000
BASE, Inc., Lancaster, PA to continue assisting
minorities and women in creating, retaining, and
expanding microenterprises.......................... 100,000
Ben Franklin Technology Partners, Harrisburg, PA to
establish a Commonwealth-wide virtual network to
enable companies geographically dispersed across the
state to share information, training tools, and
other educational resources......................... 100,000
BioPartners, Inc, Nassau County, NY, for life sciences
and biotech workforce training at iPark, a biotech
and life sciences center............................ 255,000
Bismarck State College, Bismarck, ND, for a National
Energy Technology Training and Education Project.... 500,000
Black Clergy of Philadelphia and Vicinity, Philadelphia,
PA to train participants in integrative technology
skills in the Philadelphia area in an effort to
improve job skills required for the changing job
market.............................................. 4,000,000
Blackhawk Technical College in Janesville, WI for
workforce training programs......................... 300,000
Brooklyn Public Library, Brooklyn, NY to expand an
education and job information center................ 500,000
Burlington Technical Center in Burlington, VT to upgrade
post-graduate aviation technician training program.. 200,000
California University of Pennsylvania, California, PA to
establish a Center for Biomedical Workforce......... 100,000
CAMP, Inc., Cleveland, OH, for the development of world-
class training services in lean manufacturing
process improvement................................. 500,000
Capital IDEA, Austin, TX, for a workforce development
and training initiative, including supportive
services............................................ 320,000
Capital Workforce Partners, Hartford, CT, for the
development of the Comprehensive Entrepreneurial
Training Systems in New Britain, CT................. 100,000
Career Academy, Louisville, KY, for a workforce
development program................................. 289,000
Career Resources, Bridgeport, CT, for workforce
development......................................... 100,000
Carl Sandburg College, Galesburg, for job training
programs............................................ 100,000
Center for Employment Training, San Jose, CA, for an At-
Risk Out-of-School Youth Demonstration Project...... 200,000
Center for Entrepreneurship for the New West, Bozeman,
MT to train entrepreneurial students for economic
development......................................... 125,000
Central California Excellence in Workforce Development
for an outreach campaign for career opportunities... 100,000
Central Iowa Employment & Training Consortium for a
resource center for disabled and disadvantaged
individuals......................................... 600,000
Central State University, Wilberforce, OH, to implement
a world class modular automation training system.... 200,000
Centralia College, WA, for non-traditional worker
training............................................ 250,000
Charity Cultural Services Center, San Francisco, CA, for
its Skills for Life initiative...................... 400,000
Chattanooga State Technical Community College,
Chattanooga, TN..................................... 400,000
Cincinnati State Community College, Cincinnati, OH, for
an Integrated Systems Technology training program... 250,000
City of Auburn, Auburn, NY.............................. 300,000
City of Holly Springs Regional Technology Center........ 100,000
City of Portland, Portland, OR, for its workforce
assessment, training and retraining initiative...... 300,000
City of Santa Ana, Santa Ana, CA, for a one-stop
workforce preparation and job search center for
youth............................................... 200,000
Clackamas Community College, Oregon City, OR, for its
energy and resource management workforce training
initiative.......................................... 150,000
Collegiate Consortium for Workforce and Economic
Development, Philadelphia, PA, for workforce
development and training............................ 300,000
Communities in Schools, San Fernando Valley, Inc., North
Hills, CA, for its Striving for Success Jobs
Initiative to provide job preparedness and placement
for at-risk youth................................... 535,000
Community College of Allegheny County, Pittsburgh, PA,
for a Mobile Educational Lab to provide training in
critical subject areas.............................. 50,000
Community Education Council of Elk and Cameron Counties,
St. Marys, PA, for workforce training............... 75,000
Community Empowerment Association, Pittsburgh, PA, in
collaboration with Boys and Girls Harbor, Inc., New
York, NY to establish a job readiness and work force
development program................................. 100,000
Community Learning Center of Washington County, Salem,
IN, for workforce development, training and
employment services................................. 150,000
Cook Inlet Tribal Council for the Alaska's People
Program in Anchorage, AK............................ 225,000
County of San Bernardino Workforce Investment Board, San
Bernardino County, CA............................... 250,000
Desert Research Institute, Reno, Nevada to create the
Northern Nevada Technology Initiative to help drive
the creation of a high technology workforce in
Nevada.............................................. 150,000
Dorcas Place, Providence, Rhode Island to expand
workplace literacy program.......................... 150,000
Economic Growth Connection of Westmoreland, Greensburg,
PA for workforce skills assessment, development and
training initiatives................................ 150,000
Empowerment Group, Philadelphia, PA to provide Latino
and minority employers with the technical assistance
needed to create jobs and set up on-the-job training
programs for low-income residents................... 100,000
Enrichment Association of Community Healing (TEACH),
Columbus, OH for training........................... 325,000
Enterprise Center, Philadelphia, PA to recruit and train
minority and underprivileged entrepreneurs.......... 100,000
Excel Institute, Washington, DC, for workforce training
in automotive technology and repair................. 430,000
Expertise, Inc. in Las Vegas, NV, to provide employment
training assistance to low income residents......... 250,000
Fashion Business, Inc., Los Angeles, CA, for workforce
development and training............................ 50,000
Fay-Penn Economic Development Council, Uniontown, PA to
improve manufacturing competitiveness............... 100,000
Florida Institute of Technology, Melbourne, FL, to
continue a program to assist small businesses in
competing for government contracts.................. 900,000
Fort Worth Hispanic Chamber of Commerce, Fort Worth, TX,
for an ESL Program.................................. 334,000
Fresno County Workforce Investment Board, Fresno, CA,
for workforce development........................... 400,000
Fresno County, Department of Employment and Temporary
Assistance, Fresno, CA, for Rural Vocational
Training Centers.................................... 225,000
Hawaii Community Foundation for the Samoan/Asian Pacific
Job Training program................................ 500,000
HIREABILITY, Philadelphia, PA to provide employment
training to people with disabilities in the
Philadelphia region................................. 100,000
Hispanic / Latino Center Inc., Pittsburgh, PA to provide
workplace readiness and job training to targeted
Hispanic workers.................................... 50,000
Houston Area Urban League, Houston, TX, for its
Communities to Work Program......................... 300,000
Illinois State University, Normal, IL for training...... 500,000
Illinois Valley Community College, Oglesby, IL.......... 400,000
Impact Services Corporation, Philadelphia, PA to support
its Community Job Placement and Training Program.... 75,000
Indian Territory Associates, Shawnee, OK to establish an
electronic knowledge repository for the employees of
the Oklahoma City Air Logistics Center.............. 50,000
Institute for Advanced Learning and Research, Danville,
VA, for the Fast-Track Information Technology
Workforce Preparation Program....................... 100,000
Institute for Human Investment and Economic Growth,
Ashland, OH......................................... 100,000
Institute of Furniture Manufacturing and Management,
Mississippi State University, Mississippi State, MS. 500,000
International Association of Jewish Vocational Services,
Philadelphia, PA to provide career services and job
training readiness skills to dislocated workers..... 150,000
Iowa Commission of Latino Affairs to create a
certification process for Spanish-English
interpreters and translators........................ 243,000
Iowa Valley Community College District, Marshalltown,
IA, for equipment and computer and skill training... 150,000
Ivy Tech State College, Fort Wayne, IN, for workforce
training and development............................ 50,000
Jackson Health System, Miami, FL, for Miami Dade
County's Center for Patient Safety.................. 125,000
Jewish Family and Children's Service of Pittsburgh, PA
to provide intensive and individualized employment
assistance to immigrants that will address the
unique barriers that immigrants face................ 100,000
Jewish Healthcare Foundation, Pittsburgh, PA for the
Health Careers Futures program to train individuals
for careers in patient care......................... 100,000
Jewish Vocational Service, Los Angeles, CA, for a
certified nursing assistant training and job
placement initiative................................ 200,000
Jewish Vocational Services, Inc., Boston, MA, for job
training and workforce development.................. 400,000
Kennebec Valley Community College Foundation, Fairfield,
ME, to support training of skilled workers in the
field of Radiology.................................. 250,000
Ken's Kids, Inc, Bronx, NY, for vocational training and
placement for youth with mental retardation......... 50,000
Lake County, IL, for a summer youth employment program.. 200,000
Laramie County Community College, Cheyenne, Wyoming for
implementation of a high tech manufacturing training
curriculum.......................................... 100,000
Lawson State Community College, Birmingham, AL, for its
Alabama Center for Advanced Training Program........ 140,000
Louisiana National Guard, New Orleans, LA............... 100,000
MAGLEV, Inc., McKeesport, PA to create an associate
degree training program to train individuals in
Advanced Manufacturing Technology for precision
fabrication......................................... 1,000,000
Maine Manufacturing Extension Partnership (Maine MEP),
Rapid Mobilization of the New England Manufacturing
Sources to Meet Defense Shortages and Surge Demands
for Parts and Equipment............................. 250,000
Marshall County Economic Division, Guntersville, AL, for
the Marshall County Workforce Target Project........ 20,000
Massachusetts League of Community Health Centers,
Boston, MA, in collaboration with the East Boston
Neighborhood Health Centers for a workforce
development initiative.............................. 250,000
Massachusetts Manufacturing Extension Partnership,
Worcester, MA, for manufacturing workforce
development programs................................ 125,000
Massey Center for Business Innovation and Development,
Pittsburgh, PA to provide entrepreneurial skills to
Veterans............................................ 100,000
Maui Community College, Hawaii, for the Remote Rural
Hawaii Job Program.................................. 1,500,000
Maui Economic Development Board in Hawaii for the Rural
Computer Utilization Training Program............... 300,000
Maui Economic Development Board in Hawaii to continue
the Maui High Technical program..................... 300,000
Maura Clarke-Ita Ford Center, in partnership with New
York City College of Technology/CUNY, Brooklyn, NY,
for workforce development, job training and
education programs.................................. 250,000
Mayville State University, Mayville, ND, for the Traill
County Technology Center............................ 100,000
McKean County Redevelopment Authority, Smethport, PA to
create an Education Center in Port Allegheny to
further adult education in rural Pennsylvania....... 100,000
MECA United Cerebral Palsy, Erie, PA to develop a job-
training program for adults with disabilities....... 50,000
Medina County Office of Workforce Development, Medina,
OH, for training of individuals in careers
associated with Homeland Security................... 150,000
Melwood Horticultural Training Center, Inc., Upper
Marlboro, MD, for the establishment of a document
management training and placement program........... 200,000
Mercy Vocational High School, Philadelphia, PA to expand
its Certified Nursing Assistant training program for
low-income individuals in North Philadelphia........ 150,000
Metropolitan Career Center, Philadelphia, PA to offer
workforce training to low-income, under educated
individuals who lack the ability to gain employment
without special assistance.......................... 100,000
Milwaukee Area Technical College in Milwaukee, WI for
developing skills standards......................... 450,000
Mineral Area College, Park Hills, MO.................... 500,000
Minot State University, Minot, ND, for the Job Corps
Executive Management Program........................ 650,000
Mission of Love, Inc., Capitol Heights, MD, for a life
skills, workforce preparation, and training
initiative.......................................... 150,000
Mississippi State University, Starkville, MS, Robotics
and Automated Systems for Nursery Industry.......... 500,000
Mississippi State University, Starkville, MS, Workforce
Development Training Quality Assessment (CAVS)...... 400,000
Mississippi Valley State University, Automatic
Identification Technology........................... 400,000
Montachusett Opportunity Council, Fitchburg, MA, for a
career ladder program for certified nursing
assistants.......................................... 200,000
MS Tech Alliance/JSU Business Incubator................. 500,000
Multicultural Community Family Services, Upper Darby, PA
to address the job training needs of area African
immigrants and refugees............................. 50,000
National Council of La Raza in Washington, DC, to
provide technical assistance on Hispanic workforce
issues including capacity building, language
barriers, and health care job training.............. 500,000
National Student Partnerships, Washington, DC, for field
and national office operations to expand employment
and education referral and counseling services...... 600,000
New York Association for New Americans, New York, NY.... 100,000
NewCourtland Elder Services, Philadelphia, PA to provide
a networking service designed to train existing
employees and market nursing home jobs to local
residents........................................... 150,000
North Carolina Rural Economic Development Center,
Raleigh, NC, for Project New Start, to provide
employment and training services for dislocated
workers............................................. 400,000
Northeast Higher Education District, Chisholm,
Minnesota, for the TechNorth Prep Center Network.... 350,000
Northeast States Association for Agricultural
Stewardship, Dresden, ME to develop and host a
conference on the challenges and opportunities for
rural workforce development......................... 75,000
Northwest Arctic Borough School District, Kotzebue, AK,
for vocational training............................. 250,000
Northwest Concentrated Employment Program, WI, for the
Talent Profiling System............................. 700,000
Northwest Industrial Resource Center, Inc., Erie, PA,
for worker training, retraining and technology
implementation programs as part of an advanced
workforce development initiative.................... 150,000
Opportunities Industrialization Centers of America,
Philadelphia, PA to provide skills training in the
allied healthcare profession to minorities.......... 250,000
Our House, Inc., Decatur, GA, for the ``Parent Intern''
program............................................. 150,000
Patrick County Education Foundation, Stuart, VA, for a
workforce development project for rural communities. 100,000
Pennsylvania Industrial Resource Center, Williamsport,
PA to help schools develop multi-year, multi-
institution curricula that focus on skills for a
manufacturing career................................ 100,000
Pennsylvania Learning Network, Harrisburg, PA to provide
workforce development and professional training..... 100,000
Philadelphia Veterans Multi Service Center,
Philadelphia, PA for a multipurpose center for job
training of veterans................................ 550,000
Phoenix House, Providence, RI, for a Workforce
Development Project................................. 100,000
Pine Ridge Area Chamber of Commerce in Kyle, South
Dakota for a Workforce Success Program.............. 200,000
Pittsburgh Airport Area Chamber Enterprise Foundation,
Moon Township, PA for a business incubator and
workforce development program....................... 75,000
Polk Community College, Lakeland, FL, for the Corporate
College Program..................................... 200,000
Precision Manufacturing Institute, Meadville, PA........ 100,000
Prince Music Theater, Philadelphia, PA, to develop the
Prince Music Theater Training Institute to provide
professional training in the arts................... 75,000
Project ARRIBA, El Paso, TX, for a workforce training
initiative.......................................... 340,000
Project One, Louisville, KY, for employment program
technology, salaries and material................... 25,000
Ramsey County Workforce Solutions, North St. Paul, MN to
create software for three east metro hospitals/
healthcare systems to assist non-English proficient
new Americans advance from entry-level positions to
higher-level skilled healthcare careers............. 100,000
Regional Economic Development District Initiatives
(REDDI) of South-Central PA, Harrisburg, PA to
assist companies in developing targeted clusters,
identifying employers' skill set requirements, and
facilitating training opportunities through
workforce development partners...................... 100,000
Rend Lake College, Ina, IL, for workforce training...... 150,000
Rural Enterprises of Oklahoma, Inc., Durant, OK to
provide entrepreneurial training.................... 50,000
Saint Louis Community College--Florissant Valley, Saint
Louis, MO, for its Integrated Systems Technology
technical training initiative at the Metropolitan
Education and Training Center....................... 320,000
Schoolcraft College, Livonia, MI, for Advanced
Manufacturing Applications.......................... 100,000
Second Chance Employment Services, Washington, D.C. to
develop a nationwide program that helps abused and
other at-risk women find employment................. 100,000
Second Chance, San Diego, CA, for its Prisoner Re-entry
Employment Program.................................. 220,000
Shelton State Community College, Tuscaloosa, AL, for
workforce development, job training and job
placement initiatives............................... 410,000
Sophie Sampson Center of Hope, Society of St. Vincent de
Paul South Pinellas, Inc., St. Petersburg, FL....... 250,000
South Bay Workforce Investment Board, Hawthorne, CA, for
its Bridges to Work program......................... 290,000
South Seattle Community College, WA, to expand
apprenticeship training............................. 100,000
Southeast Tennessee Development District, Chattanooga,
TN.................................................. 300,000
Southland Health Care Forum, South Holland, IL, for its
Southland Health Careers nurse training initiative.. 100,000
Southwest Alaska Vocational Education Center (SAVEC),
King Salmon, AK, for vocational training............ 500,000
Southwestern Oklahoma State University, Weatherford, OK,
for Oklahoma Business Commercialization Center...... 320,000
Stark State College of Technology, Canton, OH........... 433,000
Stark State College of Technology, Canton, OH for
equipment........................................... 200,000
State of Hawaii, Honolulu, HI, for a project for
building the capacity of professional healthcare
services............................................ 2,000,000
State University of New York, College of Environmental
Science and Forestry, Syracuse, NY.................. 100,000
Stillman College, Tuscaloosa, AL, for a One-Stop
Community Resource Learning Center to provide job
readiness, training, placement and supportive
services............................................ 140,000
Team Taylor County, Campbellsville, KY, for
Campbellsville University Technology Training Center 250,000
The Joblinks program for continuation costs............. 500,000
Tides Center of Western Pennsylvania, Pittsburgh, PA,
for the Keys2Work program........................... 25,000
TIGER House, Tunkhannock Area School District,
Tunkhannock, PA, for vocational training for special
needs students...................................... 50,000
Twenty-First Century Council--IMPACT Learning Center,
Scottsboro, AL, for workforce development and
training............................................ 75,000
United Mine Workers of America Career Center,
Washington, PA for a technical training and
occupational health safety program for mining
occupations......................................... 800,000
United Mine Workers of America, Fairfax, VA, for the
UMWA Career Centers................................. 1,200,000
University of Alaska/Southeast--Ketchikan Campus,
Ketchikan, AK to provide skills assessment, training
and a certification program for Ketchikan shipyard
workers............................................. 150,000
University of Hawaii at Maui for the Training &
Education Opportunities program..................... 1,800,000
University of Idaho, to continue and expand the
Alternative Careers for Idaho Project, to assist
persons dislocated from traditional, resource-based
Idaho careers....................................... 900,000
University of Northern Iowa, Cedar Falls, IA to provide
immigration services to Iowa Communities............ 200,000
University of Wisconsin--Stout, Menomonie, WI, for
manufacturing workforce development initiatives..... 150,000
Upper Catskill Television Network, Inc., Oneonta, NY.... 100,000
Valencia County Hispano Chamber of Commerce, Belen, NM,
for workforce training.............................. 250,000
Valley Initiative for Development and Advancement,
Weslaco, TX, for a workforce training initiative.... 320,000
Vermont Department of Employment and Training for a
statewide career development system................. 450,000
Vermont HITEC, Inc of Williston, VT for the Vermont
Information Technology Apprenticeship Program....... 325,000
Vietnam Veterans Leadership Program of Western
Pennsylvania, Pittsburgh, PA, for the Jobs for
Veteran's Project................................... 750,000
Wallace Community College, Dothan, AL, for the Southeast
Alabama Workforce Readiness program................. 150,000
Waubonsee Community College, Sugar Grove, IL to train
integrated systems technologists.................... 300,000
West Shore Community College, Scottsville, MI, for
workforce investment and training for unemployed
individuals......................................... 400,000
West Virginia High Technology Consortium Foundation,
Fairmont, WV, for an information technology training
program............................................. 500,000
Westside Industrial Retention and Expansion Network,
Cleveland, OH, for a workforce training project..... 370,000
WHYY, Inc., Philadelphia, PA, to expand and digitize its
GED Connection program to prepare individuals for
the workforce....................................... 50,000
Women Work, Washington, D.C. for workforce training and
development for women in the information technology
sector.............................................. 50,000
Women's Resource Assistance Program Inc., Harvey, IL,
for its Career STEPS Self Sufficiency Program to
prepare women for non-traditional careers........... 100,000
Work, Achievement, Values & Education, Inc. (WAVE),
Washington, D.C. to provide job skills training to
high school drop outs............................... 75,000
Workforce Connections in La Crosse, WI for incumbent
worker training..................................... 200,000
Workforce Development Council of King County, WA, to
provide literacy assistance and job training for
immigrants.......................................... 100,000
Workforce Initiative Association, Canton, OH, for a
Workforce Advancement Demonstration project......... 400,000
Workforce Investment Board of Herkimer, Madison and
Oneida Counties, Utica, NY.......................... 175,000
Workforce Resource, Inc in Menomonie, WI for incumbent
health care worker training......................... 150,000
WorkNet Pinellas, Clearwater, FL........................ 200,000
Wrightco Technologies, Ebensburg, PA to provide security
systems installation and high-tech communications
training to clients across PA....................... 100,000
Wrightco Technologies, Inc., Claysburg, PA to support
job-training program with UMWA...................... 100,000
The conference agreement includes $50,000,000 for
Responsible Reintegration of Youthful Offenders as proposed by
the Senate. The House did not recommend funds for this
activity. The conference agreement also provides $20,000,000
for the prisoner re-entry initiative, instead of $40,000,000 as
proposed by the Senate. The House did not recommend funds for
this activity. Within the amount provided for prisoner re-
entry, the conferees encourage the Department to partner with
organizations with a proven history of reducing recidivism by
helping individuals exiting prison make the successful
transition to employment.
The conference agreement includes $250,000,000 requested
by the administration to carry out the Community College/
Community-Based Job Training Grant initiative. Of this amount,
bill language provides that $125,000,000 is to be allocated
from National Emergency Grant funds available under section
132(a)(2)(A) of the Workforce Investment Act, overriding the
limitation otherwise imposed under section 171(d). The
Secretary is expected to initially use resources from the
National Emergency Grants account for these awards that are
designated for non-emergencies under sections 171(d) and 170(b)
of the Workforce Investment Act. Community-Based Job Training
Grant awards will also be subject to the limitations of
sections 171(c)(4)(A) through 171(c)(4)(C) of the Workforce
Investment Act to ensure that these grants are awarded
competitively. Funds used for this initiative should strengthen
partnerships between workforce investment boards, community
colleges, and employers, to train workers for high growth, high
demand industries in the new economy.
The conferees provide $7,000,000 for the Denali
Commission for job training instead of $8,000,000 as proposed
by the Senate. The House recommendation did not include funds
for this activity.
State Unemployment Insurance and Employment Service Operations
The conference agreement appropriates $3,666,235,000 for
State Unemployment Insurance and Employment Service Operations,
instead of $3,582,848,000 as proposed by the House and
$3,636,235,000 as proposed by the Senate. For unemployment
insurance services, the bill provides $2,695,214,000 instead of
$2,701,214,000 as proposed by the House and $2,665,214,000 as
proposed by the Senate. The conference agreement includes
$2,684,714,000 for UI State Operations instead of
$2,690,714,000 as proposed by the House and $2,654,714,000 as
proposed by the Senate. The agreement includes a contingency
reserve amount should the unemployment workload exceed an
average weekly insured claims volume of 3,227,000 instead of
3,327,000 as proposed by the House.
For the Employment Service grants to states, the
agreement includes $786,887,000 as proposed by the Senate
instead of $696,000,000 as proposed by the House. This includes
$23,300,000 in general funds as proposed by the House instead
of $23,163,000 as proposed by the Senate and $763,587,000 from
the ``Employment Security Administration'' account of the
unemployment trust fund instead of $672,700,000 as proposed by
the House and $763,724,000 as proposed by the Senate.
For Employment Service national activities the agreement
includes $65,500,000 as proposed by the Senate, instead of
$67,000,000 as proposed by the House.
Program Administration
The conference agreement appropriates $171,473,000 for
Program Administration, instead of $168,854,000 as proposed by
the House and $177,615,000 as proposed by the Senate. The
detailed table at the end of this joint statement reflects the
activity distribution agreed to by the conferees.
Employment Standards Administration
SALARIES AND EXPENSES
The conference agreement includes $404,345,000 for the
Employment Standards Administration, salaries and expenses,
instead of $402,818,000 as proposed by the House and
$405,870,000 as proposed by the Senate. The detailed table at
the end of this joint statement reflects the activity
distribution agreed to by the conferees.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $468,109,000 for the
Occupational Safety and Health Administration instead of
$461,599,000 as proposed by the House and $468,645,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conferees concur with the House bill and report
language regarding OSHA's enforcement of the Respiratory
Standard as it applies to tuberculosis. The conferees advise
OSHA to take no further action with regard to respiratory
protection for occupational exposure to TB until such time as
the CDC has completed the ongoing revisions of its TB
guidelines.
The conferees concur with the Senate bill and report
language that not less than $3,200,000 is to be used to extend
funding for the Institutional Competency Building training
grants provided that a grantee has demonstrated satisfactory
performance.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $281,535,000 for the
Mine Safety and Health Administration instead of $275,567,000
as proposed by the House and $280,002,000 as proposed by the
Senate. The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
Within the total, the conference agreement includes
$2,000,000 to be available for mine rescue and recovery
activities on a non-contingency basis as proposed by the
Senate.
The conferees expect the Mine Safety and Health
Administration to keep it fully and currently informed of A-76
competitions, and that any competitions will be conducted
fairly and equitably and will result in significant savings and
the improvement in the quality of services to taxpayers. The
conferees urge all possible diligence to ensure that inherently
governmental functions are not subject to A-76 competitions.
The conference agreement includes the following amounts for the
following projects and activities:
Infrastructure improvements at the Mine Academy in
Beckley, West Virginia.............................. $750,000
Wheeling Jesuit University for the National Technology
Transfer Center for a coal slurry impoundment pilot
project............................................. 3,000,000
Bureau of Labor Statistics
SALARIES AND EXPENSES
Within the total for the Employment and Unemployment
Statistics activity, $5,000,000 is for the Mass Layoff
Statistics program as proposed in the Senate bill.
Office of Disability Employment Policy
SALARIES AND EXPENSES
The conferees commend ODEP for their efforts to enhance
telework opportunities for severely disabled individuals. To
build on ODEP's efforts to increase telework opportunities in
the federal government, the conferees direct that $1,000,000 be
transferred from ODEP to the Centers for Medicare and Medicaid
Services (CMS) to build on a previous pilot between ODEP and
CMS.
The conferees are pleased that CMS has piloted the
performance of CMS call center work by individuals with severe
disabilities working from home-based workstations. This model
has the potential to be expanded within CMS and replicated
outside of CMS by government agencies and others interested in
following CMS's lead.
The conference agreement provides such transfer to expand
and refine the existing CMS model in conjunction with National
Telecommuting Institute, Inc., as well as disseminate
information about this telework model to other agencies.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $323,422,000 for
Departmental Management, salaries and expenses, instead of
$264,967,000 as proposed by the House bill and $357,050,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conference agreement includes $94,000,000 for the
Bureau of International Labor Affairs (ILAB). Within the total
provided, $79,000,000 is to assist developing countries with
the elimination of child labor. Of this amount, $45,000,000 is
for the International Labor Organization's International
Programme for the Elimination of Child Labor and $34,000,000 is
provided for bilateral assistance to improve access to basic
education in international areas with a high rate of abusive
and exploitative child labor. In addition, the conference
agreement includes $2,000,000 for ILAB to build its own
permanent capacity to monitor and report regularly and in-depth
to the Congress on the extent to which foreign countries with
trade and investment agreements with the United States respect
internationally-recognized worker rights and effectively
promote core labor standards. The conference agreement also
includes $11,000,000 for Federal administration and other ILAB
programs.
The conference agreement includes $2,000,000 for the
purpose of assisting the International Labor Organization in
implementing a program to confront HIV/AIDS in the workplace.
The primary purpose of this program shall be to promote
workplace policies which combat HIV-related stigma and
discrimination, and promote prevention on the basis of
tripartite partnerships among workers, employers and
governments around the world.
The conferees are disturbed that the Department of Labor
transferred fiscal year 2004 funds to augment activities for
which funds were previously denied and to initiate new
activities for which both the House and Senate Appropriations
Committees denied funding. The Appropriations Committees have
provided authority to reprogram and transfer funds in order to
provide flexibility to the Department to address unforeseen
needs and emergencies. However, the Department, instead, has
used these flexibilities to circumvent funding decisions made
by the Congress. Therefore, the conferees have included bill
language to clarify reprogramming and transfer procedures.
Veterans Employment and Training
The conference agreement includes $224,648,000 for
Veterans Employment and Training instead of $225,648,000 as
proposed by the House and $226,781,000 as proposed by the
Senate. The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
The conference agreement includes $13,198,000 for
activities under the Uniformed Services Employment and
Reemployment Rights Act. The conferees intend that the
additional resources over FY 2004 be used for additional
investigations and educational outreach to employers about
reemployment rights of uniformed service members departing from
and returning to work.
Working Capital Fund
The conference agreement includes $10,000,000 for the
Working Capital Fund the same as proposed by the House instead
of $15,000,000 as proposed by the Senate.
General Provisions
ONE PERCENT TRANSFER AUTHORITY
The conference agreement modifies a provision proposed by
the Senate limiting the authority to transfer funds between a
program, project or activity and requiring a 15 day
notification of any transfer.
EXECUTIVE ORDER 13126
The conference agreement includes a provision proposed by
the Senate that none of the funds appropriated in this Act
shall be obligated or expended for the procurement of goods
produced by forced or indentured child labor. The House bill
contained no similar provision.
DENALI COMMISSION
The conference agreement includes a provision proposed by
the Senate that authorizes to be appropriated such sums as may
be necessary to the Denali Commission to conduct job training
where Denali Commission projects will be constructed. The House
bill contained no similar provision.
TRANSIT SUBSIDY
The conference agreement includes a provision directing
the Secretary to provide, within 45 days, to the Department of
Labor employees in the National Capital Region the full transit
subsidy that they are eligible to receive.
CONGRESSIONAL JUSTIFICATIONS
The conference agreement includes bill language requiring
the Department of Labor to submit its fiscal year 2006
congressional budget justifications in the traditional budget
structure rather than in a ``performance'' budget structure.
The Department is directed to return to preparing the
traditional congressional justifications as they were prepared
prior to fiscal year 2003, with separate sections for each
appropriations account, providing detailed information on the
prior year, current year, and requested budget year funding and
Federal staffing levels for each program, project, or activity
funded within each account; a detailed narrative description of
each program, project, or activity; and budget and measurement
information should be submitted as a separate appendix in the
budget justification material.
The conferees support the Department's effort to
integrate program performance more prominently into its budget
formulation and to display that information more thoroughly in
the justification, but the conferees direct that technical
account and program information be prominent in each agency's
budget justifications similar to the Department's budget
justifications prior to fiscal year 2003 so that information
can be found easily and quickly. The Department is directed to
delineate materials by appropriation account, providing
detailed information on the prior year, current year, and
requested budget year funding and Federal staffing levels for
each program, project, or activity funded within each account;
a narrative description of each program, project, or activity;
and any proposed changes to such program, project, or activity.
The Department is encouraged to continue using outcome and
performance measures as the primary management tool for
resource allocation and the evaluation of programs and
individuals.
OVERTIME REGULATION
The conference agreement deletes without prejudice
language proposed by the House and Senate stating that none of
the funds provided may be used to implement or administer any
changes to regulations regarding overtime compensation in
effect on July 14, 2004.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The conference agreement includes $6,881,624,000 for
health resources and services, of which $6,856,624,000 is
provided as budget authority and $25,000,000 is made available
from the Public Health Service policy evaluation set-aside,
instead of $6,330,333,000 as proposed by the House and
$6,966,280,000 as proposed by the Senate.
The conference agreement includes resolution of two
technical bill language differences: the Social Security Act is
cited once as proposed by the House rather than twice as
proposed by the Senate; the citation of the Poison Control
Center Act is expanded as proposed by the Senate.
The conference agreement includes bill language providing
$484,629,000 for construction and renovation (including
equipment) of health care and other facilities and other
health-related activities. The Senate included bill language
providing $371,536,000 for this purpose; no funding was
provided by the House. These funds are to be used for the
following projects:
A.O. Fox Memorial Hospital, Oneonta, NY for facilities
and equipment....................................... $250,000
Aberdeen Area Tribal Chairmen's Health Board in Rapid
City, South Dakota for Northern Plains Healthy Start 300,000
Abington Memorial Hospital, Abington, PA................ 350,000
Access Center, Inc., Vienna, VA for facilities and
equipment........................................... 350,000
Advanced Technology Institute, Charleston, SC for a
demonstration program for delivery of diabetes
diagnostic and care services through telehealth
technology.......................................... 275,000
Adventist HealthCare, Rockville, MD for facilities and
equipment........................................... 750,000
Akron General Medical Center, Akron, OH for facilities
and equipment for the Edwin Shaw Rehabilitation
Hospital............................................ 250,000
Alabama Association of Area Agencies on Aging,
Montgomery, AL for facilities and equipment......... 175,000
Alamance Regional Medical Center, Burlington, NC for
facilities and equipment............................ 125,000
Alaska Family Practice Residency Program, Anchorage, AK
to support its family practice residency programs... 500,000
Alaska Federal Health Care Access Network, Anchorage, AK
to support activities of the Alaska Telemedicine
Advisory Committee.................................. 300,000
Alaska Native Medical Center, Anchorage, AK............. 1,000,000
Alaska Psychiatric Institute, Anchorage, AK for its
Telebehavioral Health Project....................... 400,000
Albert Einstein Healthcare Network, Philadelphia, PA.... 1,000,000
Alice Hyde Medical Center, Malone, NY, for facilities
and equipment....................................... 100,000
Alivio Medical Center, Chicago.......................... 250,000
All Children's Hospital, Inc., St. Petersburg, FL for
facilities and equipment............................ 5,000,000
Allegheny County Housing Authority, Pittsburgh, PA for
facilities and equipment for its LIFE Center in
Tarrentum Township, PA.............................. 675,000
Allegheny County, Pittsburgh, PA for laboratory
equipment........................................... 25,000
Allegheny General Hospital, West Penn Allegheny Health
System, Pittsburgh, PA.............................. 1,000,000
Allegheny Singer Research Institute, Pittsburgh, PA..... 1,000,000
Alle-Kiski Medical Center, Natrona Heights, PA for
facilities and equipment............................ 150,000
Allen Memorial Hospital, Moab, UT....................... 100,000
Allied Services Foundation, Wilkes-Barre, PA for
equipment........................................... 200,000
Alpha Community Ambulance Service, Inc., State College,
PA, for facilities and equipment.................... 100,000
Altarum Institute, Ann Arbor, MI for development of a
Center of Excellence focusing on use of information
and communications technology to improve health care
quality and efficiency.............................. 390,000
American Oncologic Hospital of Fox Chase Cancer Center
in Philadelphia and University of Maryland Greenbaum
Cancer Center in Baltimore, for facilities and
equipment for the American Russian Cancer Alliance.. 750,000
American Red Cross, Washington, DC, for equipment....... 200,000
Ana G. Mendez University System, Universidad del Este,
Carolina, PR for facilities and equipment for the
Caribbean Food Safety Research Center............... 200,000
Arkansas State University Mountain Home, for facilities
and equipment for health sciences................... 350,000
Arlington Free Clinic, Arlington, VA for facilities and
equipment........................................... 375,000
Arnold Palmer Hospital for Children and Women, Orlando,
FL for facilities and equipment..................... 350,000
Arrowhead Regional Medical Center, Colton, CA for
facilities and equipment............................ 725,000
Ashland County Oral Health Services, Inc., Ashland, OH,
for facilities and equipment........................ 250,000
Asian American Recovery Services, Daly City, CA for
facilities and equipment for substance abuse
intervention and treatment.......................... 250,000
Association of Utah Community Health, Salt Lake City, UT 800,000
Atlantic City Medical Center, City Division, Atlantic
City, NJ for facilities and equipment............... 300,000
Atlantic Health System, Florham Park, NJ for facilities
and equipment for the Morristown Memorial Hospital,
Carol G. Simon Cancer Center, Morristown, NJ and the
Mountainside Hospital Comprehensive Community Cancer
Center, Essex County, NJ............................ 700,000
Atlantic Health System, Florham Park, NJ for facilities
and equipment for the Mountainside Hospital
Comprehensive Community Cancer Center............... 300,000
Augsburg College, Minneapolis, MN, for its physician
assistant education program......................... 295,000
Aultman Health Foundation, Canton, OH for facilities and
equipment........................................... 1,000,000
Aunt Martha's Youth Service Center, Chicago Heights, IL
for facilities and equipment........................ 275,000
Avista Adventist Hospital, Louisville, CO for the
Integrated Community Oriented Physician Initiative
to develop common electronic medical record and
practice management systems......................... 640,000
Baptist Health System, Inc., Birmingham, AL for
facilities and equipment............................ 200,000
Barre Family Health Center, Barre, MA for facilities and
equipment........................................... 450,000
Barrio Comprehensive Family Health Care Center, San
Antonio, TX for facilities and equipment for the Dr.
Frank Bryant Health Center.......................... 300,000
Barry University, Miami Shores, FL, for facilities and
equipment for the Institute for Community Health and
Minority Medicine................................... 1,000,000
Bartlett Regional Hospital, Juneau, AK.................. 1,000,000
Baton Rouge General Medical Center, Baton Rouge, LA for
facilities and equipment for the Radiation Oncology
Center at Bluebonnet................................ 100,000
Bay Area Medical Center Foundation, Marinette, WI, for
facilities and equipment for a cancer care center... 250,000
Bay Area Medical Center, Menominee, MI for facilities
and equipment....................................... 200,000
Bay Clinic Community Health Center, Hawaii.............. 250,000
Bay Clinic Community Health Center, Hawaii, for the
Native Hawaiian Adolescent Health Psychology
Initiative.......................................... 50,000
BayCare Health System, Clearwater, FL, to develop an
electronic medication and clinical services ordering
system.............................................. 1,000,000
Bayfront NATO, Inc., Erie, PA for construction,
renovation, and equipment of a health clinic........ 100,000
Baylor College of Medicine, Houston, TX................. 250,000
Baylor Institute for Immunology Research, Dallas, TX,
for facilities and equipment........................ 100,000
Bear Lake Memorial Hospital, Montpelier, ID for
facilities and equipment............................ 100,000
Beaufort Memorial Hospital, Beaufort, SC for facilities
and equipment....................................... 200,000
Bellarmine University, Louisville, KY, for facilities
and equipment for a nursing school facility......... 300,000
Belmont University, Nashville, TN for facilities and
equipment for health sciences....................... 930,000
Beloit Memorial Hospital, Beloit, WI for facilities and
equipment........................................... 300,000
Benton County, OR for facilities and equipment for
health services in Monroe, OR....................... 265,000
Berkeley County Senior Services Agency, Martinsburg, WV
for facilities and equipment........................ 18,000
Bethel College, Inc., Mishawaka, IN for facilities and
equipment........................................... 100,000
Bethesda North Hospital, Montgomery, OH for facilities
and equipment....................................... 150,000
Birmingham Green Adult Care Residence, Manassas, VA for
facilities and equipment............................ 200,000
Blackstone Valley Community Health Care, Pawtucket, RI
for facilities and equipment........................ 500,000
Bloomsburg Hospital, Bloomsburg, PA..................... 250,000
Blount County Memorial Hospital, Maryville, TN for
facilities and equipment for a cancer center........ 50,000
Bon Secours Hospital in Baltimore, MD................... 100,000
Bon Secours St. Francis Medical Center, Chesterfield, VA
for facilities and equipment........................ 800,000
Bonfils Blood Center Foundation, Denver, CO for
facilities and equipment............................ 290,000
Booker T. Washington Center, Erie, PA................... 100,000
Boston Medical Center, Boston, MA for facilities and
equipment for the J. Joseph Moakley Medical Services
Building............................................ 1,000,000
Boston University School of Medicine, Boston MA for
facilities and equipment for research on amyloidosis
and other subjects.................................. 200,000
Boys Town National Research Hospital, Omaha, NE......... 1,500,000
Bradford Hospital Foundation, Bradford, PA, for
facilities and equipment for Bradford Regional
Medical Center...................................... 100,000
Brandeis University Heller School for Social Policy and
Management, Waltham, MA............................. 1,000,000
Brazos Valley Family Medicine Center, Bryan, TX for
facilities and equipment............................ 50,000
Brevard Community College, Cocoa, FL, for facilities and
equipment........................................... 200,000
Briar Cliff University, Sioux City, IA for facilities
and equipment....................................... 50,000
Brockton Hospital, Brockton, MA......................... 200,000
Brookhaven Memorial Hospital Medical Center, Patchogue,
NY for facilities and equipment..................... 150,000
Burlington County College, Pemberton, NJ, for facilities
and equipment for the Burlington County College
Health Center....................................... 600,000
Calhoun County Committee on Aging for facilities and
equipment for Calhoun County Senior Satellite
Center, Grantsville, WV............................. 28,000
California Hospital Medical Center, Los Angeles, CA for
facilities and equipment............................ 1,370,000
California State University at Bakersfield Foundation,
Bakersfield, CA, for equipment and facilities for
the Valley Fever Vaccine project.................... 180,000
Callen-Lorde Community Health Center, New York, NY for
health and outreach services to teenagers and young
adults.............................................. 90,000
Campbellsville University, Campbellsville, KY, for
facilities and equipment............................ 250,000
Candler County Hospital, Metter, GA for facilities and
equipment........................................... 55,000
Canyonlands Community Health Care, Page, AZ, for
facilities and equipment at three clinics........... 100,000
CAP Services, Stevens Point, WI for facilities and
equipment and to provide dental services............ 200,000
Capitol Community Health Center, Springfield, IL for
facilities and equipment............................ 300,000
Carilion Health System, Roanoke, VA for facilities and
equipment for the Southwest/Southside Virginia
Children's Dental Access Project.................... 243,000
Caring Foundation, Inc., Salt Lake City, UT to improve
the oral health of underserved children in Utah and
Idaho............................................... 300,000
CARING, Inc., Pleasantville, NJ for facilities and
equipment for a senior medical facility............. 50,000
Caritas Good Samaritan Medical Center, Brockton, MA..... 300,000
Carle Foundation Hospital, IL, and partners to establish
the Midwest Breast Institute........................ 100,000
Carnegie Mellon University, Pittsburgh, PA.............. 1,000,000
Carter BloodCare, Bedford, TX for facilities and
equipment........................................... 1,000,000
Case Western Reserve University, Cleveland, OH for
facilities and equipment for a construction project
involving Case Western Reserve University,
University Hospitals of Cleveland and the Cleveland
Clinic Foundation................................... 4,500,000
Center for Allied Health and Nursing, Hackensack, NJ for
a program to recruit and train home health aides and
other health care workers to become licensed
practical nurses.................................... 250,000
Center for Families and Children, Cleveland, OH for
facilities and equipment............................ 250,000
Center for Health Workforce Development, Tennessee
Hospital Education and Research Foundation,
Nashville, TN for programs to address shortages of
nursing faculty and other health professionals...... 150,000
Center for Hope Hospice, Inc., Linden, NJ for facilities
and equipment....................................... 90,000
Center for Hospice and Palliative Care, Buffalo, NY for
facilities and equipment............................ 300,000
Center for Integration of Medicine and Innovative
Technology, Cambridge, MA for equipment............. 50,000
Center for the Disabled, Albany, NY, for facilities and
equipment........................................... 150,000
Central Bucks Ambulance and Rescue Unit, Doylestown, PA. 25,000
Central Pennsylvania Blood Bank, Hummelstown, PA for
equipment........................................... 25,000
Centro de la Comunidad Unida/United Community Center in
Milwaukee, WI for the Latino Geriatric Center....... 300,000
Chai Lifeline, New York, NY for programs for seriously
ill children and their families at Camp Simcha in
Glen Spey, NY....................................... 100,000
Charles Cole Memorial Hospital, Coudersport, PA to build
radiation oncology wing at the Patterson Cancer Care
Center.............................................. 100,000
Charles R. Drew University of Medicine and Science, Los
Angeles, CA, for recruitment and appointment of new
clinical faculty.................................... 290,000
Charlotte Hungerford Hospital, Torrington, CT for
facilities and equipment............................ 150,000
Chemeketa Community College, Salem, OR for facilities
and equipment for training of nursing and allied
health students..................................... 210,000
Cherry Street Health Services, Grand Rapids, MI for
facilities and equipment............................ 140,000
Child Neurology Society, Saint Paul, MN................. 50,000
Children's Medical Research Institute, Oklahoma City, OK 600,000
Children's Health Fund, Clarksdale, MS.................. 150,000
Children's Health Fund, New York, NY, for facilities and
equipment for a Children's Health Project in KY..... 250,000
Children's Healthcare of Atlanta, Atlanta, GA for
facilities and equipment at Children's at Scottish
Rite................................................ 200,000
Children's Hospital and Health Center, San Diego, CA for
facilities and equipment............................ 425,000
Children's Hospital at Johnson City Medical Center,
Johnson City, TN for facilities and equipment....... 600,000
Childrens Hospital Los Angeles, Los Angeles, CA, for
facilities and equipment for the Institute for
Maternal and Fetal Health........................... 400,000
Children's Hospital Medical Center of Akron, Akron, OH
for facilities and equipment........................ 750,000
Children's Hospital of Philadelphia, Philadelphia, PA... 700,000
Children's Hospital of Pittsburgh, Pittsburgh, PA....... 700,000
Children's Hospital of the King's Daughters, Norfolk, VA
for facilities and equipment for the facility in
Newport News, VA.................................... 100,000
Children's Medical Center Dallas, Dallas, TX, for
facilities and equipment for a Nursing Retention and
Patient Care Improvement Project.................... 225,000
Children's Medical Center of Dayton, Dayton, OH for
facilities and equipment............................ 600,000
Children's National Medical Center, Washington, DC for
facilities and equipment............................ 500,000
Children's Specialized Hospital, Mountainside, NJ for
facilities and equipment for a nursing facility in
Mountainside, NJ.................................... 90,000
Children's Specialized Hospital, Mountainside, NJ for
facilities and equipment for a pediatric
rehabilitation hospital in New Brunswick, NJ........ 500,000
Chinatown Service Center, Los Angeles, CA for facilities
and equipment for its dental clinic................. 200,000
Chippewa Cree Tribe of the Rocky Boy's Reservation, Box
Elder, MT, for facilities and equipment for a health
clinic.............................................. 250,000
CHRISTUS Santa Rosa Health Care, San Antonio, TX........ 1,000,000
Chugiak Senior Citizens, Inc., Chugiak, AK for
facilities and equipment............................ 100,000
Cincinnati Children's Hospital Medical Center,
Cincinnati, OH...................................... 1,000,000
City of Abilene-Taylor County Public Health District,
Abilene, TX for facilities and equipment............ 750,000
City of Azusa, CA for facilities and equipment for the
City of Azusa Health Clinic......................... 320,000
City of Bridgeport, Bridgeport, CT, for facilities and
equipment for a health and social service center.... 100,000
City of Clark, South Dakota for construction of a health
care facility....................................... 250,000
City of Homestead, FL, for facilities and equipment for
the William F. ``Bill'' Dickinson Senior Center..... 125,000
City of Madison Community Development Authority in
Madison, Wisconsin to construct health facilities in
the Triangle Project area........................... 200,000
City of Martinsville, VA for facilities and equipment
for a dental clinic................................. 450,000
City of Oxford, MS for the Oxford Enterprise Center to
renovate facilities for health and pharmaceutical
development research and educational activities..... 500,000
Clark County Department of Community Services,
Vancouver, WA for facilities and equipment for the
Center for Community Health......................... 400,000
Clark University, Worcester, MA......................... 225,000
Clay County Drug Treatment Facility, Cornettsville, KY
for facilities and equipment........................ 750,000
Clearfield Hospital, Clearfield, PA, for facilities and
equipment........................................... 100,000
Clearwater Valley Hospital, Orofino, ID................. 450,000
Cleveland Clinic Foundation, Cleveland, OH for
facilities and equipment for the heart center....... 1,200,000
Cleveland Clinic Health System, Cleveland, Ohio, for the
Euclid Hospital Emergency Department renovation and
construction........................................ 400,000
Cleveland Department of Public Health, Cleveland, OH for
facilities and equipment for the four city-owned
health centers...................................... 280,000
Cleveland Foundation, Cleveland, OH, for facilities and
equipment for NetWellness........................... 250,000
Cold Spring Harbor Laboratory in New York............... 1,000,000
Colorado State University, Ft. Collins, CO for
facilities and equipment............................ 500,000
Columbia Basin College, Pasco, WA for facilities and
equipment for a health sciences education center at
the Richland, WA campus............................. 500,000
Columbia Memorial Hospital, Hudson, NY, for facilities
and equipment....................................... 150,000
Columbia St Mary's Hospital in Glendale, WI for the
Madre Angela Dental Clinic.......................... 125,000
Columbus Children's Research Institute, Columbus, OH for
facilities and equipment............................ 1,200,000
Community Care Network, Montgomery, AL, for facilities
and equipment....................................... 200,000
Community College of Allegheny County, Pittsburgh, PA
for facilities and equipment for nurse training..... 150,000
Community College of Southern Nevada for a mobile dental
outreach treatment and education program............ 150,000
Community Counseling Center, for the development of a
trauma assistance center............................ 100,000
Community Crisis Center, Inc., Elgin, IL for facilities
and equipment....................................... 250,000
Community Dental Care Foundation, Wausau, WI for dental
education and to provide dental screening and
sealants for children............................... 75,000
Community Free Clinic of Decatur-Morgan County, Inc.,
Decatur, AL for rural outreach...................... 40,000
Community General Foundation, Syracuse, NY for
facilities and equipment at the Community General
Hospital............................................ 1,000,000
Community Health Care Services Foundation, Inc., East
Greenbush, NY, for telemedicine services............ 50,000
Community Health Care Systems, Wrightsville, GA for
facilities and equipment at its Tennille, GA health
center.............................................. 50,000
Community Health Center of Asbury Park, NJ for
facilities and equipment............................ 500,000
Community Health Centers in Iowa........................ 3,000,000
Community Health Clinic, Inc., New Kensington, PA....... 25,000
Community Health Improvement Center, Decatur, IL for
facilities and equipment............................ 125,000
Community Health Partners, Kathlamet, WA for start-up
costs for a free medical clinic..................... 40,000
Community HealthCare Associates of the Dakotas,
Bismarck, ND........................................ 200,000
Community Medical Center Healthcare System, Scranton, PA
to purchase equipment............................... 250,000
Community Medical Center, Missoula, MT.................. 1,000,000
Community Medical Center, Scranton, PA.................. 100,000
Community Medical Centers, Fresno, CA................... 100,000
Community Memorial Hospital, Staunton, IL for facilities
and equipment....................................... 225,000
Conemaugh Health Systems, Johnstown, PA................. 250,000
Coney Island Hospital, Brooklyn, NY for facilities and
equipment........................................... 250,000
Connecticut Children's Medical Center, Hartford, CT for
facilities and equipment............................ 1,000,000
Contra Costa Community College District, Diablo Valley
College, Pleasant Hill, CA for a program to train
medical laboratory technicians...................... 225,000
Cooley Dickinson Hospital, Northampton, MA for
facilities and equipment............................ 300,000
Cooper University Hospital in New Jersey................ 200,000
Cooperative Education Service Agency No. 11, Turtle
Lake, WI for dental services........................ 350,000
Corinthian Development Corporation, Louisville, KY, for
facilities and equipment............................ 50,000
County of Clarion/Clarion University, Clarion, PA....... 100,000
County of Kaua'i, HI for facilities for substance abuse
treatment........................................... 390,000
County of San Diego, Edgemoor Hospital, Santee, CA for
facilities and equipment............................ 420,000
County of San Mateo, CA for facilities and equipment for
the San Mateo Medical Center........................ 800,000
Creighton University, Omaha, NE, for facilities and
equipment for the health science complex............ 500,000
Crozer-Chester Health System, Springfield, PA for
facilities and equipment at the Nathan Speare
Regional Burn Treatment Center at the Medical Center 500,000
Crozer-Keystone, Springfield, PA........................ 100,000
Crusader Clinic, Rockford, IL for facilities and
equipment at two sites.............................. 1,000,000
Cumberland County Hospital, Burkesville, KY for
facilities and equipment............................ 100,000
Dan River Region, Danville, VA, for Project Access...... 25,000
Dana-Farber Cancer Institute, Boston, MA................ 300,000
Deaconess Billings Diabetes Center, Billings, MT........ 278,000
Deaconess Hospital, Oklahoma City, OK................... 50,000
Decatur Memorial Hospital, Decatur, IL for facilities
and equipment....................................... 200,000
Delaware Valley Community Health, Philadelphia, PA for
facilities and equipment for the Maria de los Santos
Community Health Center............................. 250,000
Delta Health Alliance, Stoneville, MS for construction,
renovation, and equipment........................... 450,000
Des Moines University, Des Moines, IA................... 155,000
Des Moines University, Des Moines, IA for facilities and
equipment for the Iowa Chronic Care Consortium...... 333,000
DeWitt Hospital and Nursing Home, DeWitt, AR for
facilities and equipment............................ 400,000
Down Syndrome Research and Treatment Foundation,
Washington, D.C., for facilities and equipment...... 150,000
DuBois Regional Medical Center, DuBois, PA, for
facilities and equipment............................ 200,000
DuPage Convalescent Center, Wheaton, IL for facilities
and equipment....................................... 600,000
East Bay Community Action Program, East Providence, RI
for facilities and equipment for dental care, mental
health and other health services.................... 500,000
East Boston Neighborhood Health Center, East Boston, MA,
for a health-care workforce development program..... 225,000
East Tennessee State University James H. Quillen College
of Medicine, Johnson City, TN for facilities and
equipment for the East Tennessee Forensics Center... 200,000
East Tennessee State University, James H. Quillen
College of Medicine, Johnson City, TN, for
facilities and equipment for a mobile surgical unit. 100,000
East Valley Community Health Center, West Covina, CA for
facilities and equipment............................ 220,000
Eastern Connecticut Health Network, Rockville, CT....... 200,000
Eau Claire Cooperative Health Center, Columbia, SC for
facilities, equipment and rural health care services
at its Ridgeway, SC health center................... 400,000
Eblen Charities, Asheville, NC, for facilities and
equipment........................................... 250,000
Ed Roberts Campus in Berkeley, CA....................... 500,000
Edward R. Roybal Comprehensive Health Center, Los
Angeles, CA for facilities and equipment............ 400,000
El Proyecto Del Barrio, Arleta, CA for facilities and
equipment at its Canoga Park site................... 180,000
El Pueblo Health Center, Tucson, AZ for facilities and
equipment........................................... 400,000
Elk Regional Health Systems, St. Marys, PA.............. 100,000
Elliot Health System, Manchester, NH.................... 750,000
Emanuel County Hospital Authority, Swainsboro, GA for
facilities for its rural health clinic in Twin City,
GA.................................................. 50,000
Emergency Medicine Foundation, Dallas, TX, for
Bioterrorism Preparedness Training for First
Responders.......................................... 50,000
Endless Mountains Health Systems, Montrose, PA, for
facilities and equipment............................ 250,000
Enterprise Valley Medical Clinic in Enterprise, UT...... 70,000
Ephrata Community Hospital, Ephrata, PA, for facilities
and equipment....................................... 200,000
Erie County Department of Health, Erie, PA to implement
the Nurse Family Partnership (NFP) Program.......... 50,000
Erie County Medical Center, Buffalo, NY for equipment... 250,000
Evangelical Community Hospital, Lewisburg, PA, for
facilities and equipment............................ 600,000
Evans Memorial Hospital, Claxton, GA for facilities and
equipment........................................... 50,000
Every Citizen Has Opportunities, Inc., Leesburg, VA for
facilities and equipment............................ 125,000
Every Woman's Place/Webster House Youth Services,
Muskegon, MI for facilities and equipment........... 150,000
Fairfield Medical Center, Lancaster, OH, for facilities
and equipment....................................... 200,000
Fairfield Memorial Hospital, Winnsboro, SC for
facilities and equipment............................ 250,000
Fairness Advocates for Intergenerational Rights (FAIR),
Philadelphia, PA for health care outreach........... 25,000
Fairview Health System, Minneapolis, MN for equipment... 515,000
Familia Unida Living With Multiple Sclerosis, Los
Angeles, CA to improve support services to
individuals and families affected by multiple
sclerosis and other debilitating diseases........... 100,000
Family and Children's Counseling Centers, Louisville,
KY, for facilities and equipment.................... 100,000
Family Health Center of Marshfield, Marshfield, WI for
facilities and equipment and to provide dental
services............................................ 350,000
Family Health Center of Southern Oklahoma, Tishomingo,
OK for facilities and equipment for dental services. 105,000
Family Health Center, Columbia, MO...................... 150,000
Family Health Centers, Inc., Louisville, KY for
facilities and equipment............................ 150,000
Faulk County Memorial Hospital, SD...................... 75,000
Finley Health Foundation, Dubuque, IA for facilities and
equipment at the diabetes center at Finley Hospital. 500,000
Fish River Rural Health Center, Eagle Lake, ME for
facilities and equipment............................ 30,000
Fletcher Allen Health Care of Burlington, VT............ 1,100,000
Florida A&M University.................................. 800,000
Florida Cancer Research Cooperative, University of South
Florida, Tampa, FL for telemedicine................. 500,000
Florida Emergency Medicine Foundation, Orlando, FL for
facilities and equipment............................ 125,000
Florida Hospital College of Health Sciences, Orlando, FL
for facilities and equipment........................ 125,000
Florida Memorial College, Miami, FL for health-related
facilities and equipment............................ 400,000
Fort Hudson Nursing Home, Inc., Fort Edward, NY, for
facilities and equipment............................ 50,000
Forum Health, Youngstown, OH for facilities and
equipment........................................... 200,000
Fox Chase Cancer Center, Philadelphia, PA............... 750,000
Franklin and Marshall College, Lancaster, PA............ 400,000
Franklin Medical Center, Greenfield, MA for facilities
and equipment....................................... 200,000
Free Clinics of Iowa in Des Moines...................... 400,000
Fresno Community Hospital and Medical Center, Fresno, CA
for facilities and equipment for an outpatient care
clinic at the Community Regional Medical Center in
Fresno.............................................. 450,000
Frick Hospital, Greensburg, PA.......................... 250,000
Fulton County Medical Center, McConnellsburg, PA........ 250,000
G.A. Carmichael Family Health Center, Canton, MS for
facilities and equipment............................ 240,000
Gadsden State Community College, Gadsden, AL for the
Alabama Institute for Nursing Education and
Emergency Preparedness Program at Fort McClellan, AL 400,000
Gadsden State Community College, Gadsden, AL, for
facilities and equipment............................ 200,000
Garfield County Public Hospital, Pomeroy, WA for
facilities and equipment............................ 50,000
Gateway, Aliquippa, PA.................................. 100,000
Geisinger Health System, Danville, PA, for construction
of the Center for Health Research and Rural Advocacy 1,000,000
Geisinger Health System, Danville, PA, for facilities
and equipment for an endovascular surgical suite on
the Geisinger campus in Danville.................... 500,000
Genesee County Economic Development Center, Batavia, NY,
for a telemedicine project.......................... 250,000
Georgetown University Medical Center, Lombardi
Comprehensive Cancer Center, Washington, DC for
Carey Lackman Slease metastatic breast cancer
treatment enhancement program....................... 200,000
Georgia Southern University, School of Nursing,
Statesboro, GA, for rural nursing and nursing
education outreach programs......................... 150,000
Glens Falls Hospital, Glens Falls, NY, for facilities
and equipment....................................... 250,000
Good News Doctor Foundation and the International Child
Development Resources Center, Inc., Melbourne, FL
for facilities and equipment........................ 650,000
Good Samaritan Health Systems, Good Samaritan Hospital
Foundation, Kearney, NE, for the Mid-Nebraska
Telemedicine Network................................ 200,000
Good Samaritan Hospital Regional Medical Center,
Pottsville, PA...................................... 250,000
Good Samaritan Hospital, Cincinnati, OH................. 800,000
Good Samaritan Hospital, Lebanon, PA for equipment...... 250,000
Good Shepherd Rehabilitation Home, Allentown, PA for
construction, renovation and equipment.............. 250,000
Goodall-Witcher Hospital, Clifton, TX for facilities and
equipment........................................... 400,000
Government of the Virgin Islands, Department of Health,
for facilities and equipment for emergency medical
services............................................ 340,000
Greater Harrisburg Foundation, Harrisburg, PA to collect
and examine rural health indicator information...... 75,000
Greater Hazleton Health Alliance, Hazleton, PA.......... 250,000
Greater New Bedford Community Health Center, New
Bedford, MA for facilities and equipment............ 500,000
Green River Medical Center of Emery County and Eastern
Grand County, Utah to provide on-site dental
services............................................ 50,000
Greenburgh Health Center, White Plains, NY for
facilities and equipment............................ 100,000
Grimes St. Joseph Health Center, Navasota, TX for
facilities and equipment............................ 200,000
Grossmont Hospital Foundation, La Mesa, CA for
facilities and equipment for Grossmont Hospital, San
Diego, CA........................................... 200,000
Guam Department of Public Health and Social Services,
for facilities and equipment for the Northern Region
Health Center....................................... 400,000
Gurwin Jewish Geriatric Center, Commack, NY for an
electronic charting system.......................... 340,000
H. Lee Moffitt Cancer Center and Research Institute,
Tampa, FL for facilities and equipment.............. 2,000,000
Hackensack University Medical Center, Hackensack, NJ for
implementation of a computerized oncology patient
management system................................... 340,000
Hackettstown Community Hospital, Hackettstown, NJ for
facilities and equipment............................ 145,000
Hamilton Health Center, Inc., Harrisburg, PA............ 100,000
Hancock County Municipal Government and Wellmont Health
System, Sneedville, TN for construction, renovation,
and equipment of a health clinic.................... 500,000
HARBOR BRANCH Oceanographic Institution, Fort Pierce, FL
for facilities and equipment........................ 200,000
Harney District Hospital, Burns, OR for facilities and
equipment........................................... 130,000
Harris County Hospital District, Houston, TX for
facilities and equipment for the emergency room at
Ben Taub General Hospital........................... 860,000
Harris County Hospital District, Houston, TX for
implementation of a telehealth program.............. 240,000
Hauptman-Woodward Medical Research Institute, Buffalo,
NY for facilities and equipment..................... 250,000
Haywood Regional Medical Center, Clyde, NC, for
facilities and equipment............................ 250,000
Hazleton General Hospital, Hazleton, PA for facilities
and equipment....................................... 320,000
Health system of the University of Pennsylvania,
Philadelphia, PA.................................... 1,000,000
Healthcare Information Xchange of New York, Clifton
Park, NY, for facilities and equipment.............. 250,000
HealthNet, Inc., Indianapolis, IN for facilities and
equipment for People's Community Health Center...... 320,000
HealthPoint Family Care, Inc., Newport, KY.............. 500,000
Heartland Regional Medical Center, St. Joseph, MO for
equipment........................................... 250,000
Hebrew Home for the Aged at Riverdale, Riverdale, NY,
for facilities and equipment........................ 260,000
Henderson State University, Arkadelphia, AR for
facilities and equipment for nursing education...... 300,000
Henry Mayo Newhall Memorial Hospital, Valencia, CA for
facilities and equipment............................ 100,000
Hidalgo Medical Services, NM............................ 100,000
Hillcrest Healthcare System, Tulsa, OK.................. 100,000
Hilltown Community Health Centers, Worthington, MA for
facilities and equipment at the Huntington Health
Center.............................................. 150,000
Hispanic American Council of Erie, Erie, PA............. 100,000
Holy Cross Hospital, Silver Spring, MD for facilities
and equipment....................................... 320,000
Holy Name Hospital, Teaneck, NJ for facilities and
equipment........................................... 450,000
Holy Names University, Oakland, CA...................... 100,000
Holy Redeemer Health System, Huntingdon Valley, PA for
construction, renovation, and equipment............. 250,000
Holyoke Hospital, Holyoke, MA for facilities and
equipment........................................... 300,000
Hope College, Holland, MI for facilities and equipment
for a science building.............................. 250,000
Hopkins County Community Clinic, Hopkins County, KY..... 200,000
Horn Memorial Hospital, Ida Grove, IA, for facilities
and equipment....................................... 125,000
Hospice of Cabarrus County, Inc., Concord, NC for
Hospice House in Kannapolis, NC..................... 100,000
Hospice of Metropolitan Erie, Inc., Erie, PA............ 100,000
Hospice of Napa Valley, Napa, CA for facilities and
equipment........................................... 640,000
Hospice of Northwest Ohio, Perrysburg, OH............... 250,000
Hospital Authority of Miller County, Colquitt, GA for
facilities and equipment............................ 150,000
Hospital for Special Surgery, NY........................ 400,000
Houlton Regional Hospital, Houlton, ME for facilities
and equipment....................................... 50,000
Housing Authority of the County of Los Angeles, CA for
facilities and equipment for its Casa de la
Esperanza health care program....................... 150,000
Houston County Hospital, Crockett, TX for facilities and
equipment........................................... 400,000
Howard Community College, Columbia, MD for expansion of
nursing education programs.......................... 300,000
Hudson Headwaters Health Network, Glens Falls, NY, for
facilities and equipment for the Warrensburg Health
Center.............................................. 200,000
Hudson River Community Health, NY....................... 100,000
Humility of Mary Health Partners, Boardman, OH for
facilities and equipment for Hospice of the Valley.. 700,000
Huntington Memorial Hospital, Pasadena, CA for
facilities and equipment............................ 350,000
Hurley Medical Center, Flint, MI for replacement of its
clinical patient information system................. 700,000
I.M. Sulzbacher Center for the Homeless, Inc.,
Jacksonville, FL for facilities and equipment for a
healthcare facility................................. 500,000
ICAN/Kids Oneida, Utica, NY............................. 50,000
Idaho Commission on Nursing and Nursing Education, Idaho
Falls, ID, for the Idaho Nursing Leadership and
Workforce Network................................... 250,000
Idaho State University, Telehealth Idaho Network, to
continue expanding and improving health care access. 1,350,000
Illinois Primary Health Care Association, Springfield,
IL for a Center for Excellence...................... 600,000
Independence Square Foundation, Kingston, RI............ 200,000
Indian Health Council, Inc., Pauma Valley, CA, for
facilities and equipment for the IHC Health and
Wellness Campus on the Rincon Indian Reservation.... 500,000
Indiana Regional Medical Center, Indiana, PA............ 250,000
Indiana University-Purdue University Fort Wayne, Fort
Wayne, IN, for facilities and equipment............. 150,000
Infirmary Health System, Mobile Infirmary, Mobile, AL... 100,000
Inland Northwest Health Services in Spokane, WA......... 500,000
INOVA Health System, Falls Church, VA for facilities and
equipment for the CBP Hospital, Pignon, Haiti....... 150,000
INOVA Health System, Falls Church, VA for facilities and
equipment for the Claude Moore Health Education
Center at INOVA Fairfax Hospital.................... 1,058,000
INOVA Health System, Falls Church, VA for facilities and
equipment for the George Mason University Krasnow
Institute, Fairfax, VA.............................. 150,000
INTEGRIS Marshall Memorial Hospital, Madill, OK for
facilities and equipment............................ 375,000
Intermountain Health Care, Salt Lake City, UT to develop
a pilot program for telemedicine interpreting
services for the deaf............................... 500,000
Iowa Caregivers Association............................. 100,000
Iowa Department of Public Health to continue the Center
for Healthcare Workforce Shortages.................. 1,400,000
Iowa Health Foundation, Des Moines, IA for a
demonstration project to improve dental care in
underserved rural areas............................. 300,000
Iowa Nebraska Primary Care Association for planning
grants to Iowa communities.......................... 150,000
Isla Vista Youth Projects, Isla Vista, CA for health-
related facilities and equipment.................... 200,000
J.C. Blair Memorial Hospital, Huntingdon, PA, for
facilities and equipment............................ 250,000
Jackman Region Health Center, Jackman, ME for facilities
and equipment....................................... 200,000
Jackson County, MS for facilities and equipment for the
county health department............................ 340,000
Jackson Health System, Miami, FL, for facilities and
equipment for the South Florida AIDS Network........ 200,000
Jackson Medical Mall Foundation, Jackson, MS............ 1,000,000
Jackson Public School District, Jackson, MS for Healthy
Children, Homes, Education, and Community
(HealthCHEC) project................................ 1,000,000
Jackson State University, Jackson, MS for the Southern
Institute for Mental Health Research and Training... 900,000
Jamaica Hospital, Brooklyn, NY for equipment............ 300,000
James B. Haggin Memorial Hospital, Harrodsburg, KY for a
Picture Archiving Communications System and network. 275,000
James Whitcomb Riley Hospital for Children,
Indianapolis, IN, for facilities and equipment for
the Riley Pediatric Burn Unit....................... 25,000
Jameson Hospital, New Castle, PA........................ 125,000
Jefferson Memorial Hospital, Ranson, WV for facilities
and equipment....................................... 57,000
Jersey City Medical Center, Jersey City, NJ for
facilities and equipment............................ 400,000
Jersey Shore Hospital, Jersey Shore, PA, for facilities
and equipment....................................... 200,000
Jewish Community Centers of Staten Island, Staten Island
NY for facilities and equipment..................... 100,000
Jewish Renaissance Medical Center, Perth Amboy, NJ for
facilities and equipment............................ 700,000
Joe DiMaggio Hospital in Hollywood, FL.................. 200,000
John F. Kennedy Center, Erie, PA for construction of a
primary health care clinic.......................... 100,000
John T. Mather Memorial Hospital, Port Jefferson, NY for
facilities and equipment............................ 200,000
Jordan Hospital, Plymouth, MA for facilities and
equipment........................................... 650,000
Katahdin Valley Health Center, Southern Aroostook/
Northern Penobscot Health Care Access, Patten, ME... 200,000
Katherine Shaw Bethea Hospital, Dixon, IL, for
facilities and equipment............................ 750,000
Kauai Community Health Center in Hawaii................. 50,000
Kennedy Krieger Institute, Baltimore, MD for facilities
and equipment....................................... 750,000
Kent County Memorial Hospital, Warwick, RI for
facilities and equipment............................ 400,000
Kent County Visiting Nurses Association (VNA of Care New
England), Warwick, RI to increase access to home
health care via telemedicine........................ 100,000
Kern County Medical Center, Bakersfield, CA, for
facilities and equipment............................ 250,000
Kettering College of Medical Arts, Kettering, OH, for
facilities and equipment............................ 550,000
Kettering College of the Medical Arts, Dayton, Ohio for
construction of new nursing/physician assistant
education building.................................. 250,000
Keystone Health Center, Chambersburg, PA................ 250,000
Keystone Rural Health Consortia, Inc., Emporium, PA..... 100,000
Kiamichi Family Medical Center, Battiest, OK for
facilities and equipment............................ 175,000
KidsPeace, Orefield, PA................................. 100,000
Kimball Medical Center, Lakewood, NJ.................... 100,000
Kings County Hospital Center, Brooklyn, NY for
facilities and equipment............................ 320,000
Klamath County Public Health Department, Klamath Falls,
OR, to build a new Public Health Facility........... 75,000
Knox Community Hospital, Mt. Vernon, OH for facilities
and equipment....................................... 600,000
Kosair Children's Hospital, Louisville, KY for
facilities and equipment for the heart institute.... 300,000
Kuakini Hospital Research Facility in Hawaii............ 50,000
La Clinica de Familia CHC in Las Cruces, NM for its
promotoras/community health workers program......... 125,000
La Familia Medical Center in Santa Fe, NM, to expand its
community health workers/promotoras program......... 50,000
La Familia Medical Center, Santa Fe, NM for facilities
and equipment....................................... 500,000
La Maestra Community Health Centers, San Diego, CA for
facilities and equipment............................ 566,000
Lake Erie College, Painesville, OH for facilities and
equipment........................................... 300,000
Lake Land College, Mattoon, IL, for facilities and
equipment for the allied health wing of the western
region advanced technology center................... 575,000
Lamprey Health Care, Newmarket, NH for facilities and
equipment........................................... 450,000
Lancaster General College of Nursing and Health
Sciences, Lancaster, PA, for facilities and
equipment........................................... 250,000
Landmark Medical Center, Woonsocket, RI for facilities
and equipment....................................... 600,000
Langlade Memorial Hospital, Antigo, WI for a four-county
dental health project............................... 400,000
Lansing Community College, Lansing, MI, for facilities
and equipment for a medical training facility....... 200,000
Lapeer Regional Hospital, Lapeer, MI for facilities and
equipment........................................... 100,000
LaSalle Primary Care Center, Jena, LA for facilities and
equipment for the center in Jonesville.............. 200,000
Latrobe Area Hospital, Latrobe, PA...................... 250,000
Lawrence County Memorial Hospital, Lawrenceville, IL for
facilities and equipment............................ 125,000
Lawrence General Hospital, Lawrence, MA for facilities
and equipment....................................... 540,000
Lawrence Memorial Hospital, Lawrence, KS for facilities
and equipment....................................... 300,000
Lawton Chiles Foundation, Tallahassee, FL, for
facilities and equipment............................ 1,000,000
Le Bonheur Children's Medical Center, Memphis, TN....... 1,000,000
Leake Memorial Hospital, Carthage, MS, for facilities
and equipment....................................... 275,000
Lehigh Valley Hospital, Allentown, PA................... 700,000
Lexington 4 Life, Lexington, MO for health-related
facilities and equipment............................ 400,000
Lienhard School of Nursing, Pace University,
Pleasantville, NY for programs to promote interest
in nursing and other health professions careers
among middle school students from diverse
backgrounds......................................... 104,000
Los Angeles Southwest College, Los Angeles, CA for
nursing and allied health training programs......... 350,000
Louisiana State University Health Sciences Center,
Shreveport, LA for facilities and equipment for the
Children's Center................................... 100,000
Lourdes Health System, Lourdes Medical Center of
Burlington County, Willingboro, NJ, for facilities
and equipment....................................... 500,000
Low Birth Weight Development Center, Dallas, TX for
programs to promote the health and development of
very low-birth weight infants....................... 100,000
Lucile Packard Children's Heart Center, Palo Alto, CA... 100,000
Lucile Packard Children's Hospital, Palo Alto, CA for
facilities and equipment............................ 450,000
Lucy Curci Cancer Center at Eisenhower Medical Center,
Rancho Mirage, CA for facilities and equipment...... 250,000
Lutheran Social Services of South Dakota................ 200,000
Lynn Community Health Center, Lynn, MA for facilities
and equipment....................................... 500,000
Madison Center, South Bend, IN for facilities and
equipment for the Geropsychology Institute.......... 200,000
Madison Community Health Center, Madison, WI for
facilities and equipment............................ 200,000
Magee Rehabilitation Hospital, Thomas Jefferson Health
System, Philadelphia, PA............................ 250,000
Magee Women's Research Institute, Pittsburgh, PA........ 1,000,000
Main Line Health System, Bryn Mawr, PA for equipment.... 200,000
Malone College, Canton, OH for facilities and equipment. 500,000
Marcum and Wallace Memorial Hospital, Irvine, KY for a
Picture Archiving Communications System and network. 275,000
Margaretville Memorial Hospital, Margaretville, NY, for
facilities and equipment............................ 50,000
Marianjoy Rehabilitation Hospital, Wheaton, IL for
facilities and equipment............................ 200,000
Marias Medical Center, Shelby, MT....................... 400,000
Maricopa County, AZ for extension of its telemedicine
capabilities........................................ 250,000
Maricopa County, AZ for facilities and equipment for
health care and dental clinics...................... 250,000
Marietta Memorial Hospital, Marietta OH................. 250,000
Marion Downs Hearing Center, Denver, CO................. 1,000,000
Marquette General Hospital, Marquette, MI for facilities
and equipment....................................... 260,000
Marquette University, Milwaukee, WI for health related
facilities and equipment............................ 350,000
Marquette University, School of Dentistry, Milwaukee, WI
for dentistry outreach program to train healthcare
professionals....................................... 285,000
Marshall University for a mobile medical unit which will
provide pediatric care to medically underserved
children in rural areas of Wayne, Lincoln, and
Cabell counties in West Virginia and for a
telehealth project with Walter Reed Hospital for
support of virtual colonoscopies and technology for
the transfer of automated medical records in rural
areas of West Virginia.............................. 2,000,000
Marshfield Clinic, Marshfield, WI for facilities and
equipment for the Melvin R. Laird Center for Applied
Sciences............................................ 9,000,000
Mary Bird Perkins Cancer Center, Baton Rouge, LA for
facilities and equipment............................ 100,000
Mary Imogene Bassett Hospital, Inc., Bassett Healthcare,
Cooperstown, NY..................................... 250,000
Mary Lanning Memorial Hospital, Hastings, NE, for
facilities and equipment............................ 50,000
Massachusetts College of Pharmacy and Health Sciences,
Boston, MA for facilities and equipment for the
Manchester campus................................... 350,000
Massachusetts College of Pharmacy and Health Sciences,
Boston, MA, for telehealth programs at its Worcester
campus Health Education and Resource Center......... 450,000
Maui Community Health Center in Hawaii.................. 1,250,000
Maui Economic Development Board in Hawaii for the Lanai
Women's Initiative.................................. 50,000
MedCentral College of Nursing, Mansfield, OH for
facilities and equipment............................ 400,000
Medical College of Georgia, Augusta, GA for facilities
and equipment for a cancer research building........ 500,000
Medical College of Ohio at Toledo for facilities and
equipment........................................... 650,000
Medical College of Wisconsin, Milwaukee, WI for
facilities and equipment............................ 2,600,000
Medical University of South Carolina Oncology Center,
Charleston, SC...................................... 10,000,000
Meharry Medical College, Nashville, TN.................. 500,000
Meigs County Community Clinic, Pomeroy, OH for
facilities and equipment............................ 240,000
Memorial Health System Foundation, Inc., Ormond Beach,
FL, for facilities and equipment for a hospice to be
located on the Florida Hospital Flagler campus in
Palm Coast, FL...................................... 100,000
Memorial Health University Medical Center, Savannah, GA
for facilities and equipment for a biomedical
research building................................... 1,000,000
Memorial Healthcare System, Hollywood, FL, facilities
and equipment for the Joe DiMaggio Children's
Hospital pediatric emergency department............. 100,000
Memorial Hermann Health System, Houston, TX for
facilities and equipment for neighborhood health
centers............................................. 360,000
Memorial Hermann Healthcare System, Houston, TX for
facilities and equipment............................ 2,000,000
Memorial Hospital of Rhode Island, Pawtucket, RI for
facilities and equipment............................ 700,000
Memorial Medical Center, Springfield, IL for facilities
and equipment....................................... 450,000
Memphis Biotech Foundation, Memphis, TN for
construction, renovation, and equipment of
biomedical research buildings....................... 2,000,000
Mercy Fitzgerald Hospital, Darby, PA.................... 250,000
Mercy Foundation, Des Moines, IA, for the Midwest Rural
Telemedicine Consortium............................. 450,000
Mercy Health Partners, Scranton, PA..................... 250,000
Mercy Health Partners, Toledo, OH....................... 450,000
Mercy Hospital Cadillac, Cadillac, MI for facilities and
equipment........................................... 225,000
Mercy Hospital of Philadelphia, Philadelphia, PA........ 250,000
Mercy Hospital, Miami, FL for facilities and equipment.. 150,000
Mercy Hospital, Port Huron, MI for facilities and
equipment........................................... 200,000
Mercy Jeannette Hospital, Jeannette, PA................. 90,000
Mercy Medical Center, Canton, OH for facilities and
equipment........................................... 1,000,000
Mercy Medical Center, Springfield, MA................... 275,000
Mercy Suburban Hospital, Norristown, PA................. 250,000
Meridian Health in New Jersey for the Jersey Shore
Emergency Reponses Center........................... 300,000
Meridian Health, Neptune, NJ for hospitals in Brick, NJ
for facilities and equipment for the Pharmacological
Institute........................................... 75,000
MetroHealth System, Cleveland, OH for facilities and
equipment for the pediatric intensive care unit..... 650,000
Metroplex Hospital, Killeen, TX, for facilities and
equipment........................................... 100,000
Metropolitan Hospital, New York, NY for facilities and
equipment........................................... 400,000
Miami Children's Hospital, Miami, FL, for equipment for
the Pediatric Brain Tumor and Neurological Disease
Institute........................................... 250,000
Michigan State University, East Lansing, MI, for a
telehospice project................................. 100,000
Mid-America Research and Development Foundation,
Columbia, MO........................................ 200,000
Middle Tennessee State University, Murfreesboro, TN..... 750,000
Midwestern University, Chicago College of Pharmacy,
Downers Grove, IL for facilities and equipment...... 400,000
Midwestern University, Glendale, AZ, for a rural
postgraduate educational program at Sierra Vista
Regional Medical Center............................. 400,000
Millcreek Community Hospital, Erie, PA.................. 200,000
Millennium Center for Convergent Technologies, Commack,
NY.................................................. 125,000
Minnesota State Colleges and Universities, Saint Paul,
Minnesota, for expansion of nursing and allied
health education programs in areas that demonstrate
critical occupational needs......................... 100,000
Mission Community Hospital, Panorama City, CA for
facilities and equipment for its San Fernando Valley
facility............................................ 265,000
Missisquoi Valley Union High School District, Swanton,
VT for facilities and equipment for school-based
dental and primary health care clinics.............. 55,000
Mississippi Band of Choctaw Indians, Choctaw, MS,
Choctaw Health Center for health-related
construction, renovation, and equipment............. 600,000
Mississippi Primary Health Care Association, Jackson, MS 705,000
Mississippi University for Women, Columbus, MS.......... 1,000,000
Modoc Indian Health Project, Alturas, CA for facilities
and equipment for the Modoc Medical Center and
Surprise Valley District Hospital................... 250,000
Mohawk Valley Community College, Utica, NY for dental
clinic facility in Rome, NY......................... 150,000
Mon Valley YMCA, Charleroi, PA for facilities and
equipment........................................... 50,000
Monongahela Valley Hospital, Monongahela, PA for
facilities and equipment............................ 800,000
Montefiore Medical Center, Bronx, NY for expansion of
its Clinical Information System to community-based
ambulatory care facilities.......................... 300,000
Morenci Health Care Center, Inc., Morenci, AZ, for
facilities and equipment............................ 100,000
Morris Heights Health Center, Bronx, NY for facilities
and equipment....................................... 400,000
Morton Comprehensive Health Services, Tulsa, OK for
facilities and equipment for the Nowata Family
Health Center....................................... 300,000
Morton Plant Hospital Association, Clearwater, FL for
neuroscience center................................. 150,000
Moses Cone Health System, Greensboro, NC for facilities
and equipment for the Guilford Genomic Medicine
Initiative.......................................... 100,000
Moses Taylor Health Care System, Scranton, PA........... 200,000
Motion Picture and Television Fund (MPTF), Woodland
Hills, CA for a physical and occupational therapy
facility............................................ 200,000
Mount Anthony Union High School District, Bennington, VT
for school-based health and dental services,
including dental equipment.......................... 50,000
Mount Sinai Hospital of Queens, Long Island City, NY for
facilities and equipment for its Comprehensive
Cancer Center....................................... 340,000
Mountain Park Health Center, Phoenix, AZ, for facilities
and equipment at its Tolleson, AZ site.............. 240,000
Mountain State University in Beckley, West Virginia, for
the construction of the Allied Health Technology
Tower............................................... 4,000,000
Mountainlands Community Health Center, Provo, UT........ 125,000
Multi Dimensional Imaging, Inc. of Newport Beach, CA.... 500,000
Multnomah County, OR for health care facilities and
equipment........................................... 340,000
Muskegon Community Health Project, Muskegon, MI, for
facilities and equipment............................ 250,000
Nassau Community College in Garden City, NY............. 150,000
Nassau University Medical Center, East Meadow, NY, for
facilities and equipment for the burn treatment
center facility..................................... 250,000
Nathan Adelson Hospice in Henderson, NV................. 500,000
National Healthy Start Association, Baltimore, MD to
gather and disseminate information on best practices
under the Healthy Start program and provide
technical assistance to Healthy Start grantees...... 350,000
National Jewish Medical and Research Center, Denver, CO. 300,000
National Organization on Fetal Alcohol Syndrome for a
demonstration program with community health centers
to improve the prevention, identification, and
support of individuals with fetal alcohol syndrome.. 840,000
Navajo Medical Division in New Mexico for the
establishment of a community health worker
demonstration project............................... 150,000
Neighborhood Health Plan of Rhode Island for the Rhode
Island Community-Based Medical Interpretation
Network............................................. 250,000
Neumann College, Aston, PA for construction............. 50,000
Nevada Cancer Institute, Las Vegas, Nevada for
construction of a laboratory and clinical research
facility............................................ 1,000,000
New Britain General Hospital, New Britain, CT for
facilities and equipment............................ 300,000
New Hampshire Community Health Centers for rural health
services............................................ 400,000
New Hampshire Community Technical College System, New
Hampshire Technical Institute, Concord, NH.......... 500,000
New Horizons Medical Center, Owenton, KY for technology
improvements........................................ 300,000
New Melleray Abbey in Iowa.............................. 100,000
New Mexico Children's Health project, Las Cruces, NM.... 400,000
New Mexico Primary Health Care Association to fund a
community health worker demonstration project
statewide........................................... 250,000
New York Presbyterian Hospital, New York, NY for
creation of a regional health information
infrastructure...................................... 1,000,000
New York University Medical Center for construction of a
vaccine lab......................................... 1,000,000
North Central Pennsylvania Regional Planning and
Development Commission, Ridgeway, PA, for medical
equipment........................................... 100,000
North Dakota State University, College of Pharmacy,
Fargo, ND for a telepharmacy project................ 850,000
North Idaho Rural Health Consortium (NIRHC), Bonner
General Hospital, Sandpoint, ID to continue
providing and improving distance healthcare access
in north Idaho...................................... 500,000
North Mississippi Health Services, Neonatal Intensive
Care Unit at North Mississippi Medical Center
Women's Hospital, Tupelo, MS for planning and
renovations......................................... 200,000
North Shore--Long Island Jewish Health System,
Manhassat, NY....................................... 100,000
North Valley Hospital, Whitefish, MT.................... 300,000
NorthEast Medical Center, Concord, NC for facilities and
equipment for the neonatal facility................. 200,000
Northeast Valley Health Corporation, San Fernando, CA
for facilities and equipment for its Canoga Park
Health Center....................................... 70,000
Northeast Wisconsin Technical College in Green Bay, WI
for a low-income health clinic...................... 500,000
Northeastern Ohio Universities College of Medicine,
Rootstown, OH for facilities and equipment.......... 500,000
Northeastern Oklahoma Community Health Centers, Hulbert,
OK for facilities, equipment, and operational costs
for dental services................................. 270,000
Northern Arizona University, Flagstaff, AZ for the Keim
Genetics Laboratory................................. 200,000
Northern Counties Health Care, St. Johnsbury, VT for
facilities and equipment for a dental clinic in
Hardwick, VT........................................ 170,000
Northern Dutchess Hospital, Rhinebeck, NY, for
facilities and equipment............................ 200,000
Northern Illinois University, DeKalb, IL for facilities
and equipment for the Family Health Wellness &
Literacy Center..................................... 3,000,000
Northern Oklahoma College, Tonkawa, OK, for
construction, renovation, and equipment of a medical
nursing skills training facility.................... 50,000
Northern State University in Aberdeen, South Dakota..... 250,000
Northland Regional Healthcare, Princeton, MN, for
facilities and equipment............................ 250,000
Northwest College, Kirkland, WA for facilities and
equipment for the Mark and Huldah Buntain School of
Nursing academic center............................. 50,000
Northwestern Memorial Hospital, Chicago, IL for
facilities and equipment for a new Prentice Women's
Hospital............................................ 1,600,000
Northwestern University, Evanston, IL for facilities and
equipment at the Pancoe-Evanston Northwestern
Healthcare Life Sciences Pavilion................... 800,000
Norwalk Community College, Norwalk, CT, for construction
and equipment of a center for health and science.... 100,000
Nova Southeastern University, Fort Lauderdale, FL, for
facilities and equipment............................ 200,000
Oakland University School of Nursing, Rochester, MI for
facilities and equipment............................ 125,000
Oakwood Health System, Dearborn, MI for facilities and
equipment........................................... 200,000
O'Connor Hospital, Delhi, NY, for facilities and
equipment........................................... 100,000
Odessa Memorial Healthcare Center, Odessa, WA for
facilities and equipment............................ 1,050,000
Ohio Board of Regents, Columbus, OH for facilities and
equipment for the Third Frontier Network............ 750,000
Ohio Board of Regents, Columbus, OH to extend the Third
Frontier Network to children's and community
hospitals for facilities and equipment.............. 750,000
Ohio State University Medical Center, Columbus, OH, for
facilities and equipment............................ 1,400,000
Ohio State University, Ohio Agricultural Research and
Development Center, Wooster, OH for facilities and
equipment........................................... 1,000,000
Oklahoma Medical Research Foundation (OMRF), Oklahoma
City, OK............................................ 100,000
Oklahoma Office of Rural Health, Oklahoma City, OK for
telehealth.......................................... 50,000
Oklahoma State University, Rural Health Policy and
Research Center, Tulsa, OK, for telemedicine program 430,000
Operation PAR, Inc., Pinellas Park, FL for facilities
and equipment for a facility in PAR Village North... 3,000,000
Operation PAR, Inc., Pinellas Park, FL, for facilities
and equipment for a child and family guidance center
in St. Petersburg, FL............................... 2,000,000
Oregon Health Sciences University, Portland, OR......... 300,000
Orrville Hospital Foundation dba Dunlap Memorial
Hospital, Orrville, OH for facilities and equipment. 500,000
Ottumwa Regional Health Center, Ottumwa, IA............. 155,000
Our Health, Inc., Winchester, VA for rural outreach..... 250,000
Overlook Hospital Foundation, Summit, NJ for facilities
and equipment for the Emergency Department.......... 90,000
Palliative Care Center and Hospice of the North Shore,
Evanston, IL for facilities and equipment........... 300,000
Paradise Valley Hospital, National City, CA for
facilities and equipment for an emergency department
facility............................................ 100,000
Pardee Hospital, Hendersonville, NC, for facilities and
equipment........................................... 500,000
Park Ridge Hospital/Unity Health System, Rochester, NY,
for facilities and equipment for the emergency room. 300,000
Parkview Hospital of El Reno Authority, El Reno, OK..... 100,000
Partnership for Families, Children and Adults,
Chattanooga, TN for facilities and equipment for
three of its facilities............................. 300,000
Partnership for the Children of San Luis Obispo County,
Clinica de Tolosa Dentistry for Children, San Luis
Obispo, CA, for facilities and equipment............ 50,000
Pathway Caring for Children, Canton, OH for facilities
and equipment....................................... 500,000
Peach Regional Medical Center, Fort Valley, GA for
facilities and equipment............................ 35,000
Penebscot Valley Hospital, Lincoln, ME for rural health
care services....................................... 250,000
Penn Medicine, University of Pennsylvania Health System,
Philadelphia, PA.................................... 75,000
Pennsylvania College of Optometry, Elkins Park, PA for
equipment........................................... 100,000
Pennsylvania Hospital, Philadelphia, PA................. 200,000
Pennsylvania State University, Hershey, PA.............. 1,000,000
Perry Hospital, Perry, GA for facilities and equipment.. 50,000
Phelps Memorial Hospital Center, Sleepy Hollow, NY for
facilities and equipment............................ 450,000
Philadelphia College of Osteopathic Medicine,
Philadelphia, PA.................................... 200,000
Philadelphia College of Osteopathic Medicine,
Philadelphia, PA for facilities and equipment for
the Lawrenceville, GA campus........................ 682,000
Philipsburg Hospital, Philipsburg, PA, for facilities
and equipment....................................... 250,000
Phoenix House, Temple Terrace, FL....................... 500,000
Pinnacle Health System, Harrisburg, PA.................. 250,000
Pittsburgh Gateways Corporation, Pittsburgh, PA for
construction of an in vitro diagnostics facility.... 100,000
Pittsburgh Mercy Health System, Pittsburgh, PA.......... 200,000
Pittsburgh Regional Healthcare Initiative, Pittsburgh,
PA.................................................. 200,000
Pittsburgh's Ohio Valley General Hospital, McKees Rocks,
PA for facilities and equipment..................... 400,000
Placer County, Auburn, CA for facilities and equipment
for the Children's Health Center and Emergency
Facility............................................ 500,000
Plumas County, Quincy, CA for facilities and equipment
for the Seniors Nutrition Program................... 100,000
Plumas County, Quincy, CA, for the Rural Health Services
Project............................................. 100,000
Pocono Medical Center, Stroudsburg, PA.................. 100,000
Policy Institute for Integrative Medicine, Philadelphia,
PA for development and dissemination of internet-
based educational materials regarding integrative
medicine............................................ 140,000
Pondera Medical Center, Conrad, MT, for facilities and
equipment........................................... 250,000
Porcupine Clinic in Porcupine, South Dakota............. 100,000
Port Huron Hospital, Port Huron, MI for facilities and
equipment........................................... 200,000
Portneuf Medical Center, Pocatello, ID, for the cardiac
and vascular services center........................ 700,000
Prentiss Regional Hospital and Extended Care Facility,
Prentiss, MS, for facilities and equipment.......... 225,000
Presbyterian Medical Center, University of Pennsylvania
Health System, Philadelphia, PA..................... 250,000
Primary Care Association of Hawaii for Telehealth and
Outreach programs................................... 400,000
Primary Care Center of Mount Morris, Mt. Morris, PA..... 125,000
Primary Health Network, Sharon, PA...................... 100,000
Prince George's Community College, Largo, MD for
facilities and equipment for nursing and other
health-related instructional programs at its Laurel
College Center...................................... 200,000
Prince George's County Department of Health, Upper
Marlboro, MD for facilities and equipment for a
community health clinic in Suitland, MD............. 70,000
Prince George's County, MD for facilities and equipment
for a health clinic................................. 70,000
Proctor Hospital, Peoria, IL, for facilities and
equipment........................................... 450,000
Project Access of the Dan River Region, Danville, VA for
rural health........................................ 150,000
Providence Center, Inc., Millersville, MD, for
facilities and equipment............................ 240,000
Providence Health, Kansas City, KS for facilities and
equipment at Providence Medical Center.............. 400,000
Puerto Rico Department of Health, Rio Piedras, PR for a
program of stipends to medical residents to improve
the supply of physicians in Puerto Rico............. 350,000
Punxsutawney Area Hospital, Punxsutawney, PA, for
facilities and equipment............................ 100,000
Putnam Hospital Center, Carmel, NY for facilities and
equipment........................................... 500,000
Queens Hospital Center, Jamaica, NY for facilities and
equipment........................................... 400,000
Quinnipiac University, Hamden, CT for facilities and
equipment for its graduate medical education center. 400,000
Rainbow Babies and Children's Hospital, Cleveland, OH... 750,000
Regional Medical Center at Lubec, Lubec, ME for
facilities and equipment............................ 45,000
Rhode Island Hospital, Providence, RI for facilities and
equipment........................................... 800,000
Rhodes State College, Lima, OH, for facilities and
equipment for the nursing building.................. 250,000
Rice University, Houston, TX for facilities and
equipment........................................... 1,000,000
Ridgecrest Regional Hospital, Ridgecrest, CA, for
facilities and equipment............................ 125,000
Ridges Clinic, Burnsville, MN, for facilities and
equipment........................................... 500,000
Riverside County Regional Medical Center, Moreno Valley,
CA for facilities and equipment for the trauma unit. 250,000
Riverside Health System, Newport News, VA, for
facilities and equipment for the Atlantic Coast
Cancer Center Riverside............................. 100,000
Riverside Health System, Newport News, VA, for
facilities and equipment for the Riverside School of
Health Careers facility............................. 100,000
RMSA Inc. Health Center, Reidsville, NC for facilities
and equipment....................................... 200,000
Robert Wood Johnson University Hospital, New Brunswick,
NJ, for facilities and equipment for the Bristol-
Myers Squibb Children's Hospital.................... 240,000
Rockcastle Hospital and Respiratory Care Center, Mt.
Vernon, KY, for facilities and equipment............ 750,000
Rockdale County, GA for health department facilities and
equipment at the J.P. Carr Human Services Complex... 640,000
Rocking Horse Center, Springfield, OH for facilities and
equipment........................................... 150,000
Rosalind Franklin University of Medicine and Science,
North Chicago, IL for facilities and equipment...... 250,000
Roswell Park Cancer Institute, Buffalo, NY, for
facilities and equipment............................ 250,000
Rumford Hospital, Rumford, ME for facilities and
equipment........................................... 275,000
Rural Health Collaborative of Southern Ohio, Milford, OH
for rural outreach.................................. 210,000
Rural Health Corporation of Northeastern, PA............ 100,000
RUSH Initiative, Birmingham, AL for rural outreach...... 150,000
RUSH Initiative, Birmingham, AL, for Safe Harbor program 200,000
Rush University Medical Center, Chicago, IL for
facilities and equipment............................ 500,000
Rutgers University in New Jersey........................ 1,000,000
Sac and Fox Tribe of the Mississippi in Iowa for a
Tribal Health Care Clinic........................... 1,500,000
Sacred Heart Hospital, Allentown, PA.................... 700,000
Safe Harbor Behavioral Health, Erie, PA................. 25,000
Saint Charles Foundation, Port Jefferson, NY for
facilities and equipment for Saint Charles Hospital. 200,000
Saint Clare Hospital & Health Services, Baraboo, WI for
facilities and equipment............................ 400,000
Saint Joseph Community Center, Lorain, OH for health-
related facilities and equipment.................... 320,000
Saint Joseph Health Services of Rhode Island, North
Providence, RI for a mobile dental van program...... 75,000
Saint Luke's Episcopal Hospital, Houston, TX for
facilities and equipment............................ 350,000
Saint Luke's Hospital, Newburgh, NY for facilities and
equipment........................................... 250,000
Saint Mary Medical Center, Long Beach, CA for
continuation of its minority cancer education and
outreach initiative................................. 100,000
Saint Agnes Medical Center, Philadelphia, PA............ 250,000
Saint Anthony's Health Care Foundation, St. Petersburg,
FL for facilities and equipment..................... 2,000,000
Saint Barnabas Health Care System....................... 300,000
Saint Bernardine Medical Center, San Bernardino, CA for
facilities and equipment............................ 575,000
Saint Francis Hospital, Wilmington, DE for facilities
and equipment....................................... 125,000
Saint Francis Medical Center, Trenton, NJ, for
facilities and equipment............................ 400,000
Saint Francis University Center of Excellence for Remote
and Medically Under-Served Areas, PA................ 250,000
Saint John's Hospital, Springfield, IL.................. 75,000
Saint John's Health, MI................................. 500,000
Saint John's University, College of Pharmacy and Allied
Health Professions, Jamaica, NY for facilities and
equipment........................................... 340,000
Saint Joseph Health Center, St. Charles, MO for a
Community Health Education Resource Center.......... 500,000
Saint Joseph Hospital, Nashua, NH....................... 1,000,000
Saint Joseph Hospital/PeaceHealth, Bellingham, WA to
continue and expand the Pursuing Perfection Project
for Whatcom County.................................. 500,000
Saint Joseph Medical Center Reading, PA................. 100,000
Saint Joseph's Hospital, Savannah, GA, for facilities
and equipment....................................... 450,000
Saint Jude Children's Research Hospital, Memphis, TN.... 500,000
Saint Louis Community Health Center, Superior, WI for
facilities and equipment and to provide dental
services............................................ 700,000
Saint Louis University, St. Louis, MO for construction,
renovation, and equipment........................... 1,000,000
Saint Luke Community Clinic, Front Royal, VA for
facilities and equipment............................ 50,000
Saint Luke's Hospital, Allentown, PA.................... 700,000
Saint Luke's Regional Medical Center, Boise, ID for
facilities and equipment............................ 500,000
Saint Mary's Health Center, Jefferson City, MO, for
facilities and equipment............................ 600,000
Saint Mary's Health System, Knoxville, TN for facilities
and equipment for the treatment center in North Knox
County.............................................. 100,000
Saint Mary's Medical Center, Huntington, WV for
facilities and equipment............................ 1,000,000
Saint Patrick's Hospital and Health Sciences Center,
International Heart Institute, Missoula, MT to
establish a Montana Cardiology Medicine Network to
provide rural telemedicine resources................ 700,000
Saint Peter's College, Jersey City, NJ for facilities
and equipment....................................... 200,000
Saint Peter's Medical Center in New Jersey.............. 200,000
Saint Thomas Health Services, Nashville, TN............. 500,000
Saint Vincent Healthcare Rocky Mountain Center, MT...... 250,000
Saint Vincent Healthcare, Billings, MT.................. 500,000
Saint Vincent's Medical Center in Bridgeport, CT........ 250,000
San Antonio Community Hospital, Upland, CA.............. 1,000,000
San Francisco State University, San Francisco, CA for
programs to recruit high school students interested
in nursing careers and to assist minority and
disadvantaged students in masters and doctoral
nursing programs.................................... 350,000
San Joaquin Community Hospital, Bakersfield, CA, for
equipment and facilities............................ 100,000
San Joaquin General Hospital, French Camp, CA for
information technology systems for medication
dispensing, administration, and management.......... 300,000
San Luis Obispo County Community College District
(Cuesta College), San Luis Obispo, CA, for
facilities and equipment............................ 127,000
Santa Clara County Valley Medical Center Foundation, San
Jose, CA for a substance abuse treatment facility... 340,000
Sarasota Memorial Hospital, Sarasota, FL for facilities
and equipment for the North County Health Center.... 275,000
Saratoga Hospital, Saratoga Springs, NY, for facilities
and equipment....................................... 225,000
Schenectady Family Health Services, Schenectady, NY for
facilities and equipment............................ 450,000
School of Nursing, Oregon Health Sciences University,
Portland, OR for facilities and equipment........... 370,000
Scotland County Memorial Hospital, Memphis, MO for
facilities and equipment............................ 150,000
Scottsdale Healthcare, Scottsdale, AZ................... 300,000
Scottsdale Healthcare, Scottsdale, AZ for facilities and
equipment for the Osborne facility.................. 250,000
Scranton Primary Health Care Center, Scranton, PA....... 25,000
Scripps Health--Scripps Memorial Hospital La Jolla, San
Diego, CA for facilities and equipment.............. 250,000
SDTC-The Center for Discovery, Harris, NY, for
facilities and equipment for the Carrus Institute... 200,000
Seattle Indian Health Board, Seattle, WA for support of
its residency training program in family medicine... 300,000
Sertoma Center, Knoxville, TN for facilities and
equipment........................................... 250,000
Shands Jacksonville Hospital, Jacksonville, FL for
facilities and equipment............................ 340,000
Sharon Regional Health System, Sharon, PA for
construction, renovation and equipment.............. 250,000
Shawano Area Community Foundation in Shawano, WI........ 75,000
Shepherd University in Shepherdstown, West Virginia, for
the construction of a nursing education facility.... 10,000,000
Sheppard Pratt Health System, Towson, MD for facilities
and equipment....................................... 400,000
Shoals Committee on Programs and Employment, Florence,
AL for facilities and equipment in Russellville, AL. 100,000
Sierra View District Hospital, Porterville, CA for
facilities and equipment............................ 500,000
Sierra Vista Regional Health Center, Sierra Vista, AZ
for facilities and equipment........................ 500,000
Sioux Valley Memorial Hospital, Cherokee, IA, for
facilities and equipment............................ 100,000
Soldiers and Sailors Memorial Hospital, Wellsboro, PA,
for facilities and equipment........................ 200,000
Somerset Hospital, Somerset, PA, for facilities and
equipment........................................... 250,000
Somerset Medical Center, Somerville, NJ, for facilities
and equipment....................................... 500,000
South Carolina Office of Rural Health, Columbia, SC for
facilities and equipment............................ 100,000
South County Hospital, Wakefield, RI for construction,
renovation, and equipment........................... 150,000
South Dakota Dental Association in Pierre, South Dakota
for Target Access: Building A Dental Workforce in
South Dakota........................................ 200,000
South Dakota State University College of Pharmacy in
Brookings, SD....................................... 200,000
South Dakota Technology Business Center in Sioux Falls,
South Dakota to construct the Graduate Education and
Applied Research Center............................. 2,350,000
South Texas Rural Health Services, Cotulla, TX for a
health center in La Salle County.................... 200,000
Southcoast Health System, New Bedford, MA for facilities
and equipment for the emergency department at St.
Luke's Hospital..................................... 375,000
Southdale Hospital, Edina, MN, for facilities and
equipment for an electronic medical record system... 200,000
Southeast Community College, Cumberland, KY, for
facilities and equipment for an allied health
training facility................................... 400,000
Southeast Lancaster Health Services, Lancaster, PA...... 100,000
Southeast Missouri Health Network, Madrid, MO for
construction, renovation, and equipment for a new
building in Kennett, MO............................. 470,000
Southeast Missouri State University, Cape Girardeau, MO,
for facilities and equipment........................ 650,000
Southern Arkansas University, Magnolia, AR for
facilities and equipment for nursing education...... 340,000
Southern Illinois University, School of Medicine,
Springfield, IL for facilities and equipment for the
Cancer Institute.................................... 100,000
Southern New Hampshire Medical Center, Nashua, NH....... 500,000
Southwest Colorado Mental Health Center, Durango, CO for
the construction of the Crossroads Mental Health
Center at Mercy Medical Center...................... 500,000
Southwest Utah Community Health Center, UT.............. 100,000
Southwestern Michigan College, Dowagiac, MI for
facilities and equipment............................ 100,000
Spanish Catholic Center in Washington, DC............... 400,000
Spruce Pine Community Hospital, Spruce Pine, NC for
facilities and equipment............................ 50,000
Squirrel Hill Health Center, Jewish Healthcare
Foundation, Pittsburgh, PA.......................... 100,000
St. Petersburg College, St. Petersburg, FL, for
facilities and equipment for a health education
building............................................ 1,485,000
Stark Metropolitan Housing Authority, Canton, OH for
facilities and equipment............................ 250,000
Stark State College of Technology, Canton, OH for
facilities and equipment............................ 400,000
State of Alaska Department of Health and Social
Services, Juneau, AK for implementation of its
Frontier Extended Stay Clinic Demonstration Project. 250,000
State of New Mexico Human Services Department, Santa Fe,
NM for telehealth services to rural New Mexico...... 950,000
State University of New York, Upstate Medical
University, Syracuse, NY for facilities and
equipment........................................... 500,000
Staten Island University Hospital, NY................... 200,000
Stedman-Wade Health Services, Wade, NC for facilities
and equipment....................................... 390,000
Stepping Stone School for Exceptional Children, Inc.,
Alma, AR............................................ 50,000
Stewart-Marchman Center, Daytona Beach, FL for
facilities and equipment............................ 100,000
Sullivan County Medical Center, Laporte, PA for rural
outreach............................................ 225,000
Summa Health System, Akron, OH for facilities and
equipment........................................... 500,000
SUN Home Health Services, Inc., Northumberland, PA, for
facilities and equipment............................ 250,000
Sun Life Family Health Center, Inc., Casa Grande, AZ for
facilities and equipment............................ 100,000
Sunbury Community Hospital, Sunbury, PA................. 150,000
Susquehanna Health System, Williamsport, PA for
equipment........................................... 100,000
Swedish Covenant Hospital, Chicago, IL for facilities
and equipment....................................... 1,000,000
Swedish Medical Center, WA.............................. 770,000
Swift Horse Lodge in Fort Thompson, SD.................. 350,000
Tallahassee Community College, Tallahassee, FL for
facilities and equipment for healthcare training.... 450,000
Tattnall Community Hospital, Reidsville, GA for
facilities and equipment............................ 55,000
Taylor Telfair Regional Hospital, McRae, GA for
facilities and equipment............................ 40,000
Temple University Health System, Philadelphia, PA....... 1,000,000
Tennessee Christian Medical Center, Madison, TN for
facilities and equipment............................ 300,000
Tennessee Technological University School of Nursing,
Cookeville, TN...................................... 500,000
Terra State Community College, Fremont, OH, for
facilities and equipment for a health sciences
building............................................ 250,000
Texas A & M University Health Science Center, College
Station, TX for the Rural Community Health Institute 400,000
Texas Children's Hospital, Houston, TX for facilities
and equipment for a heart center facility........... 700,000
Texas College, Tyler, TX, for facilities and equipment
for the Allied Health Services Building............. 100,000
Texas Health Resources, Arlington, TX for facilities and
equipment for Harris Methodist Fort Worth Hospital,
Ft. Worth, TX and Harris Methodist Northwest
Hospital, Azle, TX.................................. 450,000
Texas Heart Institute, Houston, TX for equipment........ 350,000
Texas Tech University Health Sciences Center at El Paso,
for facilities and equipment........................ 1,100,000
Texas Tech University Health Sciences Center, Lubbock,
TX, for a cardiovascular center..................... 250,000
The Hospital, Town of Sidney, Sidney, NY, for facilities
and equipment....................................... 50,000
The Jackson Laboratory, Harbor, ME...................... 250,000
The Shelter, Columbia, MO, for facilities and equipment
for a transitional living program facility.......... 250,000
Third Street Family Health Services, Mansfield, OH for
facilities and equipment............................ 350,000
Thomas Jefferson University Hospital, Philadelphia, PA
for facilities and equipment........................ 900,000
Thoughtful House, Austin, TX, for facilities and
equipment........................................... 200,000
Thundermist Health Center, Woonsocket, RI for
information technology upgrades..................... 200,000
Tiburcio Vasquez Health Center, Union City, CA for
facilities and equipment for its Hayward site....... 250,000
Tioga Dental Services, Wellsboro, PA.................... 100,000
Tomball Regional Hospital, Tomball, TX, for
catheterization lab................................. 250,000
Touro University College of Osteopathic Medicine in
Henderson, NV....................................... 400,000
Town of Moriah, Port Henry, NY for the Mineville Health
Center, Mineville, NY for facilities and equipment.. 300,000
Town of Welaka Medical Center, Welaka, FL, for
facilities and equipment............................ 100,000
Translational Genomics Research Institute, Phoenix, AZ
for facilities and equipment........................ 1,200,000
Transplant Foundation, Philadelphia, PA................. 100,000
Triangle AIDS Network, Beaumont, TX for facilities and
equipment........................................... 250,000
Tri-County Community Action Program, Tamworth, NH....... 650,000
Tri-County Community Dental Clinic in Appleton, WI to
provide dental services for rural low-income
populations......................................... 100,000
Tucson Medical Center, Tucson, AZ for facilities and
equipment for the TMC Health Care hospice facility.. 1,000,000
Tufts University School of Medicine, Boston, MA......... 200,000
Twin Cities Community Hospital, Inc., Templeton, CA, for
equipment........................................... 140,000
Tyrone Hospital, Tyrone, PA............................. 500,000
UMass Memorial Health Care in Worcester, MA for a high-
speed network and Picture Archiving and
Communication System................................ 400,000
Umatilla County, Pendleton, OR for construction of a
public health facility.............................. 95,000
Under His Wings, Morris, IL for renovation of two
facilities.......................................... 50,000
Union Mission, Inc., Savannah, Georgia for facilities
and equipment....................................... 100,000
Uniontown Hospital, Uniontown, PA for facilities and
equipment........................................... 750,000
United Medical Center, Cheyenne, WY..................... 300,000
University at Buffalo, State University of New York,
Buffalo, NY, for facilities and equipment for the
Center of Excellence in Bioinformatics.............. 500,000
University Hospitals of Cleveland, Rainbow Babies &
Children's Hospital, Cleveland, OH for facilities
and equipment....................................... 1,000,000
University Medical Center of South Nevada............... 500,000
University of Akron, Medina County University Center,
Akron, OH for facilities and equipment.............. 1,000,000
University of Alaska/Anchorage--Anchorage, AK for its
Geriatric and Disabled Care Training Program........ 500,000
University of Alaska/Anchorage--Anchorage, AK to
continue program to recruit and retain Alaska
Natives as nurses................................... 425,000
University of Alaska/Fairbanks and University of Alaska/
Anchorage--Anchorage and Fairbanks, AK to continue
Alaska Natives in Psychology (ANPSYCH) program...... 500,000
University of Appalachia, Saint Paul, VA for facilities
and equipment for a School of Pharmacy.............. 500,000
University of Arizona, Tucson, AZ, for facilities and
equipment........................................... 1,200,000
University of Arkansas for Medical Sciences, Little
Rock, AR for the ANGELS program..................... 350,000
University of California--Los Angeles, Beverly Hills, CA 100,000
University of California at Los Angeles, School of
Medicine for facilities and equipment for the UCLA
AIDS Institute...................................... 350,000
University of California at San Francisco Children's
Hospital, for facilities and equipment for a
Mothers' and Children's Birth Defects Center........ 500,000
University of California San Diego Medical Center, La
Jolla, CA for facilities and equipment for the
Institute of Molecular Medicine facility............ 650,000
University of California, Davis Health System,
Sacramento, CA for construction of medical library
and education center................................ 700,000
University of California, Irvine Medical Center, Orange,
CA for facilities and equipment for the emergency
department.......................................... 400,000
University of Charleston in Charleston, WV, for a School
of Pharmacy facility................................ 5,300,000
University of Chicago Hospitals and Health System,
Chicago, IL for facilities and equipment for a new
pediatric emergency room............................ 550,000
University of Cincinnati Medical Center, Cincinnati, OH
for facilities and equipment for the medical
sciences building................................... 400,000
University of Denver, Denver, CO........................ 200,000
University of Florida, Health Science Center,
Gainesville, FL for facilities and equipment for the
animal facility..................................... 2,000,000
University of Illinois College of Medicine at Peoria,
Peoria, IL for facilities and equipment for a cancer
research center..................................... 200,000
University of Illinois College of Medicine, Chicago, IL
for the renovation and expansion of the National
Center for Rural Health Professions, Education, and
Research at the University of Illinois College of
Medicine, Rockford.................................. 300,000
University of Iowa, Iowa City, IA, for facilities and
equipment for a public health laboratory............ 1,400,000
University of Kentucky Consortium for Applied Oral
Health Research and Treatment, Lexington, KY........ 1,300,000
University of Kentucky Research Foundation, Lexington,
KY, for rural outreach.............................. 750,000
University of Kentucky, Lexington, KY Neuroscience
Research Institute.................................. 1,500,000
University of Louisiana at Monroe, Monroe, LA for
creation of the northeast Louisiana healthline...... 150,000
University of Louisville, Louisville, KY for equipment
related to Regenerative Medicine for the Treatment
of Ischemic Heart Disease Project................... 2,000,000
University of Louisville, Louisville, KY for the Baxter
III Research Building............................... 10,250,000
University of Louisville, Louisville, KY, for the Center
for Cancer Nursing Education and Research........... 300,000
University of Maryland at Baltimore to establish a
nursing institute................................... 250,000
University of Maryland School of Pharmacy, Baltimore, MD
for facilities and equipment........................ 500,000
University of Massachusetts, Amherst, MA................ 700,000
University of Medicine and Dentistry of New Jersey,
School of Osteopathic Medicine, Stratford, NJ, for
facilities and equipment for the Geriatric Research
Center.............................................. 75,000
University of Miami, Miami, FL for facilities and
equipment for the Center for Research in Medical
Education........................................... 650,000
University of Michigan Health System, Ann Arbor, MI for
infectious disease laboratory facilities and
equipment........................................... 600,000
University of Mississippi Medical Center, Jackson, MS
for the Imaging Research Center..................... 4,000,000
University of Mississippi, Oxford, MS, School of
Pharmacy for the National Center for Natural
Products Research Phase II.......................... 2,600,000
University of Nevada, Las Vegas for faculty and other
costs associated with organization and start-up of
School of Public Health............................. 1,000,000
University of Nevada, Reno for the Institute for Aging.. 900,000
University of New Mexico, Albuquerque, NM............... 6,000,000
University of North Dakota School of Medicine and Health
Sciences for facilities and equipment............... 450,000
University of North Dakota, School of Medicine, Grand
Forks, ND, to continue rural health research at the
Center for Rural Health and Medicine................ 750,000
University of Northern Colorado, Greeley, CO, for
facilities and equipment at the Rocky Mountain
Cancer Rehabilitation Institute..................... 75,000
University of Northern Colorado, Greeley, CO, for the
Maple Tree Project at the Rocky Mountain Cancer
Rehabilitation Institute............................ 75,000
University of Oklahoma Health Sciences Center, Oklahoma
City, OK, to further develop its doctoral-level
program in bioinformatics........................... 100,000
University of Pennsylvania Institute for Translational
Research, Philadelphia, PA.......................... 1,000,000
University of Pennsylvania for the Paula Kline breast
cancer treatment enhancement program, Philadelphia,
PA.................................................. 200,000
University of Pittsburgh at Bradford, Bradford, PA, for
the Center for Rural Health Practice................ 50,000
University of Pittsburgh Medical Center, Pittsburgh, PA. 1,000,000
University of Pittsburgh Medical Center, Pittsburgh, PA
for non-invasive radio wave ablation equipment...... 200,000
University of Pittsburgh, Pittsburgh, PA................ 1,000,000
University of Rochester in NY to expand the School of
Nursing............................................. 400,000
University of Scranton, Scranton, PA.................... 200,000
University of South Alabama, Mobile, AL................. 20,000,000
University of South Alabama, Mobile, AL for facilities
and equipment for the Cancer Research Institute..... 300,000
University of South Alabama, Mobile, AL for the Office
of Emerging Health Technologies..................... 250,000
University of South Dakota Department of Dental Hygiene
in Vermillion, SD................................... 100,000
University of South Florida, Tampa, FL for facilities
and equipment for the Center for Biological Defense
Labs................................................ 2,000,000
University of Southern Maine, Portland, ME, for
expansion of the USM nursing school................. 250,000
University of Southern Mississippi, Hattiesburg, MS to
equip the alternative models for primate research
laboratory.......................................... 250,000
University of Tennessee at Chattanooga, Graduate School
of Computational Engineering and UT SimCenter at
Chattanooga, Chattanooga, TN........................ 400,000
University of Tennessee Health Science Center, Memphis,
TN to support the Delta Health Partnership (Delta
Regional Authority and Delta Health Alliance)
project............................................. 750,000
University of Tennessee Medical Center, Knoxville, TN... 250,000
University of Texas Health Center at Tyler, Tyler, TX
for facilities and equipment for the Texas Lung
Injury Institute.................................... 500,000
University of Texas Health Center at Tyler, Tyler, TX,
for facilities and equipment for an asthma mobile
van................................................. 400,000
University of Texas Health Science Center San Antonio,
San Antonio, TX for equipment....................... 250,000
University of Texas Health Science Center, Houston, TX
for the facilities and equipment for the Alliance of
NanoHealth.......................................... 1,000,000
University of Texas MD Anderson Cancer Center, Houston,
TX for equipment.................................... 500,000
University of Texas Medical Branch, Galveston, TX for
facilities and equipment for infectious disease
research............................................ 750,000
University of Texas Medical Branch, Galveston, TX for
the Texas Telehealth Resource Center................ 350,000
University of Texas Southwestern Medical Center and
University of Texas at Dallas for facilities and
equipment for their joint program on sickle cell
disease............................................. 400,000
University of Texas Southwestern Medical Center at
Dallas, TX, for facilities and equipment at the
Metroplex Medical Imaging Center, Dallas, TX........ 200,000
University of the Pacific School of Dentistry, San
Francisco, CA for facilities and equipment.......... 200,000
University of Washington, School of Medicine, Seattle,
WA for Wyoming state participation in the WWAMI
regional pilot program to help address the shortage
of health professionals in the rural WWAMI region... 50,000
University of Washington, School of Medicine, Seattle,
WA, for WWAMI rural training project................ 340,000
University of Washington, Seattle, WA for construction
of a life sciences building......................... 1,500,000
University of Washington, Seattle, WA, for facilities
and equipment for a muscular dystrophy research
center building..................................... 50,000
University of Wisconsin--Milwaukee, College of Nursing,
for a school nursing demonstration project in the
Milwaukee Public Schools............................ 450,000
Utah Navajo Health System, Montezuma Creek, UT for
facilities and equipment............................ 500,000
Valdosta State University, Valdosta, GA for facilities
and equipment for a health sciences facility........ 400,000
Valley Hospital, Ridgewood, NJ for facilities and
equipment for an electronic intensive care unit..... 70,000
Van Andel Research Institute, Grand Rapids, MI, for
facilities and equipment for the Multiple Myeloma
Laboratory.......................................... 360,000
Vanderbilt University Medical Center Department of
Pediatrics, Nashville, TN for the Nurses for
Newborns of Tennessee program....................... 250,000
Vassar Brothers Medical Center, Poughkeepsie, NY for
facilities and equipment............................ 250,000
Virginia College of Osteopathic Medicine, Blacksburg, VA
for rural health outreach........................... 150,000
Virginia Commonwealth University, Richmond, VA for
facilities and equipment for Massey Cancer Center... 1,000,000
Visiting Nurse Association Care Watch Program,
Cleveland, Ohio, to purchase equipment.............. 300,000
Visiting Nurse Association Healthcare Partners of Ohio,
East Cleveland, OH for facilities and equipment..... 275,000
Visiting Nurse Association of Fox Valley, Aurora, IL for
facilities and equipment............................ 550,000
Visiting Nurse Association of Northern New Jersey,
Morristown, NJ for facilities and equipment......... 500,000
Visiting Nurse Association of Somerset Hills,
Bernardsville, NJ for facilities and equipment...... 500,000
Visiting Nurses Association of Greater Philadelphia,
Philadelphia, PA.................................... 150,000
Vitality Center Community Service Agency in Elko, NV.... 50,000
Voorhees College--Denmark, SC........................... 100,000
Waianae Coast Community Health Center, Hawaii, for
leadership training................................. 50,000
WakeMed, Raleigh, NC for construction and equipment for
health care information technology.................. 100,000
WakeMed, Raleigh, NC for programs to recruit and train
health care professionals........................... 350,000
Walsh University, North Canton, OH, for facilities and
equipment........................................... 500,000
Warren County Chamber of Business and Industry, Warren,
PA to purchase equipment at the Warren General
Hospital............................................ 100,000
Washington County, NC for facilities and equipment for
the Washington County Hospital...................... 300,000
Washington County, OR for a primary care clinic......... 100,000
Washington Hospital Center, Washington, DC for
facilities and equipment............................ 1,290,000
Washoe Medical Foundation in Reno, NV................... 500,000
Waterbury Hospital Health Center, Waterbury, CT for
facilities and equipment............................ 100,000
Wayne Community Health Centers, Inc., Wayne County, Utah 50,000
Wayne County Department of Public Health, Detroit, MI
for its Maternal and Child Outreach, Coordination
and Advocacy Program to reduce infant mortality and
low-weight or pre-term births....................... 600,000
Wayne Memorial Hospital, Honesdale, PA.................. 200,000
Weber State University, Ogden, UT....................... 600,000
Wells River Action Program, Wells River, VT to provide
free or low-cost healthcare to medically underserved
people in rural Vermont............................. 85,000
Welsh Mountain Medical & Dental Center, New Holland, PA. 50,000
Wesley College, Dover, DE for facilities and equipment
for the nursing program............................. 175,000
West Hawaii Community Health Center on the Big Island of
Hawaii.............................................. 50,000
West Los Angeles College, Culver City, CA for the Allied
Health Workforce Enhancement Project................ 240,000
West Point Community Hospital, West Point, MS for
facilities and equipment............................ 775,000
West Shore Advanced Life Support Services, Inc., Camp
Hill, PA, for facilities and equipment.............. 100,000
West Virginia University for a clinical teaching center
at the Charleston Area Medical Center............... 5,000,000
West Virginia University for the construction of a
Biomedical Science Research Center.................. 20,000,000
West Virginia Wesleyan College for the construction of
an expansion of the Christopher Health Science
Center.............................................. 4,000,000
WestCare Health System, Sylva, NC, for facilities and
equipment........................................... 600,000
Western Pennsylvania Hospital, Pittsburgh, PA........... 250,000
Westmoreland Regional Hospital, Greensburg, PA for
facilities and equipment............................ 200,000
Westside Healthcare District, Taft, CA, for facilities
and equipment....................................... 200,000
Whidden Memorial Hospital, Everett, MA for facilities
and equipment....................................... 400,000
White Memorial Medical Center, Los Angeles, CA for
facilities and equipment............................ 1,500,000
White Plains Hospital Center, White Plains, NY for a
project in cooperation with the White Plains School
District to encourage and assist students,
particularly underrepresented minorities, to pursue
careers in nursing.................................. 350,000
Whiteside County Health Department, Rock Falls, IL for
facilities and equipment............................ 450,000
Whitney M. Young, Jr. Health Center, Albany, NY for
facilities and equipment............................ 340,000
Wills Eye Hospital, Philadelphia, PA.................... 1,000,000
Winneshiek County Memorial Hospital, Decorah, IA for
facilities and equipment............................ 100,000
Wirt County Health Services Association, Inc.,
Elizabeth, WV for facilities and equipment for a
community health center in Ravenswood, WV........... 100,000
Wishard Hospital in Indianapolis, IN.................... 250,000
Wistar Institute, Philadelphia, PA...................... 100,000
Women and Infants Hospital, Providence, RI for
facilities and equipment............................ 100,000
Women's Medical Hospital, Philadelphia, PA for
construction, renovation and equipment.............. 250,000
Wooster Community Hospital, Wooster, OH for facilities
and equipment....................................... 1,000,000
Wright State University, Miami Valley College of Nursing
and Health, Dayton, OH for the Nursing Institute of
West Central Ohio................................... 100,000
Wyoming Valley Health Care System, Wilkes-Barre, PA..... 100,000
Wyoming Valley Health Care System, Wilkes-Barre, PA for
construction, renovation, and equipment............. 150,000
Yakima Valley Farmworkers Clinic, Portland, OR to
purchase equipment for the Rosewood Family Health
Clinic.............................................. 100,000
Yakima Valley Memorial Hospital, WA..................... 500,000
Yale University School of Medicine, New Haven, CT for
facilities and equipment for an ovarian cancer
prevention and early detection program.............. 400,000
Yancey County, Burnsville, NC, for facilities and
equipment for the Yancey County children and family
services medical campus............................. 1,000,000
Yavapai Regional Medical Center, Prescott, AZ, for
facilities and equipment............................ 100,000
Yeled V'Yalda Early Childhood Center, Inc., Brooklyn, NY
for facilities and equipment for a medical center
and therapeutic recreation center................... 100,000
Yeshiva University, Albert Einstein College of Medicine,
New York, NY for facilities and equipment........... 200,000
YMCA of Central Stark County, Canton, OH for facilities
and equipment....................................... 1,000,000
YMCA of Western Stark County, Navarre, OH for facilities
and equipment....................................... 1,000,000
York Health Corporation, York, PA....................... 25,000
Zucker Hillside Hospital, Glen Oaks, NY for facilities
and equipment....................................... 385,000
The conference agreement includes bill language
identifying $39,499,000 for the rural hospital flexibility
grants program, as provided by the Senate. The House bill
provided $32,500,000. Within the total provided, $14,499,000 is
for the Small Rural Hospital Improvement Grant program.
The conference agreement includes bill language
identifying $249,000 for facilities renovation at the Gillis
Long Hansen's Disease Center as proposed by the Senate rather
than $250,000 as proposed by the House.
The conferees have included bill language proposed by the
Senate identifying $31,000,000 for existing community health
centers for economic stabilization and to offset the rising
cost of current services. The House report included a similar
directive.
The conference agreement includes bill language
identifying $100,000 for malpractice insurance for volunteer
physicians who practice at free clinics instead of $4,821,000
as proposed by the Senate. The House did not provide funding
for this program. The conferees understand that claims against
the Federal malpractice insurance are not likely to appear
until at least fiscal year 2006, but want to signal the intent
to continue the program.
The conference agreement includes bill language providing
$9,941,000 to remain available until expended for the National
Cord Blood Stem Cell Bank Program. The House did not provide
funding for this program.
The conference agreement includes bill language
identifying $288,283,000 for family planning instead of
$278,283,000 as proposed by the House and $308,283,000 as
proposed by the Senate.
The conference agreement includes bill language
identifying $793,872,000 for State AIDS Drug Assistance
Programs instead of $783,872,000 as proposed by the Senate and
$803,872,000 as proposed by the House.
The conference agreement includes bill language
designating $119,158,000 of the funds provided for the maternal
and child health block grant for special projects of regional
and national significance (SPRANS), as provided by the House.
The Senate bill provided $122,530,000 for this purpose. It is
intended that $4,000,000 of the SPRANS amount will be used to
continue the sickle cell newborn screening program and its
locally based outreach and counseling efforts. In addition,
$5,000,000 of the SPRANS amount will be used to continue the
oral health demonstration programs and activities in the
States. The conference agreement also includes within the
SPRANS set-aside $1,600,000 to continue mental health programs
and activities in the States, $3,000,000 to continue the
epilepsy demonstration, and $2,000,000 to continue newborn and
child screening for heritable disorders.
The conference agreement includes $200,000 for grants to
establish a demonstration program and a National Coordinating
Center to develop systemic mechanisms for the prevention and
treatment of sickle cell disease as authorized in Section 712
of Public Law 108-357. The Sickle Cell Demonstration Program is
designed to improve and expand patient and provider education
and the continuity and coordination of service delivery for
individuals with sickle cell disease through grants to eligible
entities as provided for in the legislation. The conferees
encourage HRSA to work with patient and provider organizations
to develop these programs and prepare a program plan for fiscal
year 2006 within six months of enactment.
The conference agreement includes bill language providing
$40,000,000 to the Denali Commission as a direct lump payment
pursuant to P.L. 106-113, of which $10,000,000 is for a
psychiatric treatment facility in Bethel, Alaska, $10,000,000
is for residential and supportive housing for elders,
$2,500,000 is for medical and dental equipment for rural
clinics, and $5,000,000 is for upgrade and construction of
shelters for victims of domestic violence and child abuse. The
Senate provided $41,794,000 for the Denali Commission. The
House did not include funding for the Commission. These funds
support construction and renovation of health clinics,
hospitals and social service facilities in rural Alaska as
authorized by Public Law 106-113. Provision of the funding will
help remote communities in Alaska develop critically needed
health and social service infrastructure for which no other
funding sources are available. The conferees expect the Denali
Commission to continue its support of joint venture projects to
replace the aging hospitals in Nome and Barrow.
The conference agreement provides $14,000,000 for Native
Hawaiian health care activities within the consolidated health
centers program instead of $15,000,000 as provided by the
Senate. The House did not identify specific funding for Native
Hawaiian activities.
The conferees continue to support the technical
assistance provided to community health centers through the
current state and national cooperative agreements, in order to
sustain the continued expansion of the health centers program.
The conferees urge HRSA to give preference for funding to
section 330 applications submitted within States that have made
recent and significant investments to develop new health center
sites and services.
The conference agreement provides $87,078,000 for
National Health Service Corps recruitment. Although this level
is a reduction compared to fiscal year 2004, it is not expected
to trigger a decrease in the number of scholarships and loan
repayments that can be supported. The recently enacted American
Jobs Creation Act of 2004 exempts NHSC loan repayments from
taxation as income. This legislative change will permit HRSA to
make approximately forty percent more awards under the loan
repayment program at any given funding level than in fiscal
year 2004 because HRSA will no longer have to reimburse loan
recipients for the tax payment. The conference agreement
includes $2,000,000 for the demonstration program which allows
chiropractors to participate in the NHSC loan forgiveness
program.
The conferees do not approve the President's request to
use Healthy Community Access program funds for health care
networks or for chronic disease management activities.
Within the total for Ryan White AIDS programs, no less
than the amount provided in fiscal year 2004 is included for
AIDS activities that are targeted to address the growing HIV/
AIDS epidemic and its disproportionate impact upon communities
of color, including African Americans, Latinos, Native
Americans, Asian Americans, Native Hawaiians, and Pacific
Islanders.
The conference agreement includes $9,000,000 for rural
and community access to emergency devices. Of this amount,
$8,000,000 is for the rural program under section 413 of the
Public Health Service Act and $1,000,000 is for the community
access demonstration under section 313 of the Act.
The conferees are concerned about reports that grant
reviewers for the health careers opportunity program (H-COP)
have not recognized the guidance in House and Senate
appropriations report language over the past several years.
That report language consistently urged HRSA to give priority
consideration for H-COP grants to historically minority health
professions schools. Yet, several proposals for initial or
competitive renewal grants from these institutions were not
funded in the 2003-2004 grant cycle; the reviewer comments did
not seem to acknowledge important elements of the applications
demonstrating the accomplishments of these schools. The
conferees direct the Government Accountability Office to study
the H-COP grant review process over the past two years to
determine if the grant reviewers correctly interpreted and
scored the applications from historically minority health
professions schools. The review should include the
appropriateness of the criteria used to score the application
and the degree to which they reflected appropriations report
language guidance. The report should be delivered to the House
and Senate Appropriations Committees by June 1, 2005.
The conferees encourage HRSA to provide funding for
baccalaureate-prepared registered nurses to obtain advanced
nursing education (master's degrees) in psychiatric mental
health nursing. The conferees further encourage HRSA to provide
funding for post-masters certification training in psychiatric
mental health nursing for masters-prepared nurses already
trained in other specialties.
The conferees recognize the problem of a growing shortage
of nursing faculty and that potential nursing students are
being turned away from nursing schools because faculty are not
available. For example, a lack of qualified faculty is a
principal reason for not admitting more students into some
Tennessee nursing programs, and Tennessee is one of six states
expected to have a critical shortage of nursing faculty within
the next five years. The conferees support efforts to address
the nursing school faculty shortage through the development of
strategic partnerships between health care providers and
educational institutions.
The conferees concur in the House report language
allocating funding within allied health at the fiscal year 2004
level for graduate psychology education and geropsychology. The
conferees also concur in House report language allocating the
same funding as in fiscal year 2004 for geriatric education
centers, geriatric training, and geriatric academic career
awards. The conferees concur in Senate report language
allocating funding at least at the fiscal year 2004 level for
the pediatric dental program and providing continued funding
for the chiropractic-medical school demonstration grant
program.
The conferees continue to be concerned about the health
care needs of those in the Mississippi River Delta region. The
conferees provide $5,200,000 for rural health outreach to
continue the ongoing initiative in eight States. These grants
provide funding and technical assistance to help underserved
rural communities identify and better address their health care
needs and to help small rural hospitals improve their financial
and operational performance. The conferees further recommend
that HRSA consult with the Delta Regional Authority and the
Delta Health Alliance, given their ongoing relationships with
communities in the Delta.
The conferees concur in language in the Senate report
identifying $3,000,000 within traumatic brain injury funding
for protection and advocacy services. The House report did not
have similar language.
The conferees concur in language included in the Senate
report regarding the distribution of family planning grants.
The House report did not include similar language.
The conference agreement includes $148,533,000 for
program management as provided by the Senate instead of
$151,317,000 as provided by the House. The conferees expect
HRSA to use no more than one percent of the funds allocated for
projects for agency administrative expenses.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
The conference agreement includes $4,533,911,000 for
disease control, research, and training at the Centers for
Disease Control and Prevention (CDC), instead of $4,228,778,000
as proposed by the House and $4,538,592,000 as proposed by the
Senate. In addition, $265,100,000 is made available under
section 241 of the Public Health Service Act. The House bill
proposed that $249,100,000 and the Senate bill proposed that
$269,100,000 be derived from section 241 authority.
The conference agreement adopts the revised account
structure proposed by the Senate. The new structure includes
both account changes that result from the CDC Director's
Futures Initiative and revisions made by the Senate regarding
the treatment of CDC overhead, personnel, and business
expenses. Accordingly, all House bill numbers referenced below
are adjusted for comparability.
The conference agreement includes bill language
earmarking $272,000,000 for equipment, construction, and
renovation of facilities, including the new data center and
recovery site to ensure availability of critical systems and
data supporting CDC's homeland security and public health
emergency responsibilities, instead of $81,500,000 as proposed
by the House and $294,500,000 as proposed by the Senate. Within
this total, $250,000,000 is for continuation of CDC's program
to upgrade and replace facilities in Atlanta and $22,000,000 is
to continue construction and purchase equipment for the
replacement of CDC's infectious disease laboratory in Fort
Collins, Colorado. The conferees support the implementation of
CDC's Buildings and Facilities Master Plan and are pleased with
the progress made to date.
The conference agreement includes bill language carried
in prior years to allow the CDC to enter into a single contract
or related contracts for the full scope of development and
construction of facilities as proposed by both the House and
the Senate. The conference agreement also includes bill
language to allow funds appropriated to the CDC to be used to
enter into a long-term ground lease for construction on non-
Federal land, in order to replace their laboratory in the Fort
Collins, Colorado area as proposed by both the House and
Senate.
The conference agreement includes bill language to
earmark $124,882,000 for international HIV/AIDS, instead of
$142,808,000 as proposed by the House and $118,842,000 as
proposed by the Senate. The conference agreement reflects the
result of the CDC account restructuring and not a difference in
the international HIV/AIDS program operation level.
The conference agreement includes bill language similar
to that proposed by the Senate designating that the following
amounts shall be available under section 241 (Public Health
Service Act evaluation set-aside) for the specified activities:
$109,021,000 National Center for Health Statistics
Surveys;
$12,794,000 National Immunization Surveys;
$24,751,000 Information Systems Standards
Development and Architecture and Applications-based
Research Used at Local Public Health Levels;
$87,071,000 Research Tools and Approaches within
the National Occupational Research Agenda;
$31,000,000 Public Health Research; and
$463,000 Health Marketing evaluations.
The conference agreement does not include language
proposed by the Senate providing authority to the Director to
direct up to 1 percent of the amount made available for any
program, project, or activity in this Act to the Centers for
Disease Control and Prevention to programs, projects, and
activities the Director may so designate. The conferees instead
encourage the Director to utilize available reprogramming
authority to assist in the implementation of the Futures
Initiative.
The conference agreement includes modified bill language
proposed by the Senate to permit the Director to use up to
$10,000 provided under this heading for representational
expenses. The Senate bill included similar authority as a
general provision. The House bill had no similar provision.
INFECTIOUS DISEASES
The conference agreement includes $1,666,455,000 for
Infectious Diseases, instead of $1,660,599,000 as proposed by
the House and $1,675,800,000 as proposed by the Senate. In
addition, $12,794,000 is available to carry out National
Immunization Surveys to be derived from section 241 evaluation
set-aside funds.
Infectious Disease Control
Within the total for Infectious Diseases, the conference
agreement includes $227,521,000 for infectious disease control
activities instead of $224,288,000 as proposed by the House and
$232,731,000 as proposed by the Senate.
Within the total provided, $1,291,000 above fiscal year
2004 is provided for areas of highest scientific and
programmatic priority for preparing and responding to present
and emerging infectious disease threats.
Within the total provided, $3,500,000 above fiscal year
2004 is to augment CDC's resources for supporting States in
developing and implementing effective surveillance, prevention,
and mosquito control to effectively combat West Nile Virus and
support research on the biology of the disease.
Within the total provided, $1,000,000 above fiscal year
2004 is to expand and improve surveillance, research, and
prevention activities on prion disease. The conferees intend
the CDC allocate a portion of the increase provided to expand
the work of the National Prion Disease Pathology Surveillance
Center and to augment state and local disease surveillance
activities.
HIV/AIDS, STD and TB Prevention
Within the total for Infectious Diseases the conference
agreement includes $968,938,000 for HIV/AIDS, STD and TB
prevention instead of $970,590,000 as proposed by the House and
$967,075,000 as proposed by the Senate.
Included is $667,938,000 for domestic HIV/AIDS
activities; $161,000,000 for STD activities; and $140,000,000
for TB activities.
Within the total for HIV/AIDS, the conferees intend that
the activities that are targeted to address the growing HIV/
AIDS epidemic and its disparate impact on communities of color,
including African Americans, Latinos, Native Americans, Asian
Americans, Native Hawaiians, and Pacific Islanders be supported
at not less than $97,818,000, the fiscal year 2004 level. The
conferees intend that CDC follow the report accompanying the
Labor, HHS and Education and Related Agencies Appropriations
Act, 2002 regarding the disbursement of these funds, including
continuing support for the Directly Funded Minority Community
Based Organization Program.
The conference agreement provides an increase of
$2,420,000 to expand the infertility prevention program to
provide screening and testing technologies for STDs and HIV, as
well as other women's health services that are provided by
recipients of these funds.
The conferees concur with language in the Senate report
encouraging CDC to maximize the percentage of TB control funds
made available on a per case basis while ensuring that no state
receives less funding than it received in fiscal year 2004.
Immunization
Within the total for Infectious Diseases, the conference
agreement includes a discretionary program level total of
$469,995,000 for immunization, instead of $465,721,000 as
proposed by the House and $475,995,000 as proposed by the
Senate. In addition, $12,794,000 is for national immunization
surveys to be derived from section 241 evaluation set-aside
funds, the same as proposed by the Senate and the House.
In addition, the Vaccines for Children (VFC) program
funded through the Medicaid program includes $1,208,296,000 in
vaccine purchases and distribution support in fiscal year 2005,
for a total immunization program level of $1,678,291,000.
Included in the amount provided is $414,796,000 for the
section 317 program, and $67,993,000 for immunization program
operations, including $5,000,000 to continue and expand the
Surveillance, Preparedness, Awareness, and Response System.
HEALTH PROMOTION
The conference agreement includes $1,032,802,000 for
Health Promotion, instead of $993,802,000 as proposed by the
House and $988,090,000 as proposed by the Senate.
Chronic Disease Prevention, Health Promotion, and Genomics
Within the amount for Health Promotion, the conference
agreement includes $907,159,000 for chronic disease prevention
and health promotion instead of $873,936,000 as proposed by the
House and $864,195,000 as proposed by the Senate. Programs
within this account are funded at the following amounts:
$45,000,000 for Heart Disease and Stroke,
$3,372,000 over fiscal year 2004;
$312,357,000 for Cancer Prevention and Control,
$18,532,000 over fiscal year 2004;
$64,000,000 for Diabetes activities, $4,043,000
over fiscal year 2004;
$22,680,000 for Arthritis and Other Chronic
Diseases, $658,000 over fiscal year 2004;
$105,239,000 for Tobacco activities, an increase of
$15,000,000 to sustain the same program level as fiscal
year 2004;
$42,289,000 for Nutrition/Physical Activity,
$3,000,000 over fiscal year 2004;
$21,820,000 for Community Health Promotion,
$1,200,000 over fiscal year 2004;
$57,232,000 for School Health, the same as fiscal
year 2004;
$45,121,000 for Safe Motherhood/Infant Health, the
same as fiscal year 2004;
$11,300,000 Oral Health, $657,000 over fiscal year
2004;
$59,298,000 for the Childhood Obesity Prevention
Program, Verb;
$29,944,000 for Prevention Centers, $5,000,000 over
fiscal year 2004; and
$47,000,000 for the Steps to a Healthier U.S.,
$5,739,000 over fiscal year 2004.
In addition, the agreement includes the following amounts
for the initiatives below as outlined in the Senate report:
$1,600,000 for Alzheimer's Disease activities;
$750,000 for Inflammatory Bowel Disease activities;
$700,000 for Interstitial Cystitis activities; and
$1,500,000 for Pioneering Healthy Communities.
Within the amount provided for Cancer Prevention and
Control the following is provided above the fiscal year 2004
level:
$9,000,000 for the Breast and Cervical Cancer
Screening Program;
$2,476,000 for Cancer Registries;
$1,000,000 for Colorectal Cancer;
$4,855,000 for Comprehensive Cancer;
$100,000 for Ovarian Cancer;
$100,000 for Prostate Cancer;
$100,000 for Skin Cancer, and
$900,000 for cancer survivorship as outlined in the
Senate report.
The conference agreement also includes $4,625,000 for the
Geraldine Ferraro Cancer Education Program.
The conferees are agreed that the ratio of funds spent on
activities authorized as part of the Breast and Cervical Cancer
Screening Program should continue in the manner consistent with
the ratio applicable in fiscal year 2004.
Within the amounts available for Arthritis and Other
Chronic Diseases, the agreement provides an increase over
fiscal year 2004 of $405,000 for the expansion of State-based
arthritis programs and collaborations with the relevant
voluntary health organizations and of $253,000 to enhance
epilepsy efforts, in partnership with a national non-profit
organization that works on behalf of children and adults
affected by seizures. In addition, $950,000 is available within
Arthritis and Other Chronic Diseases to continue support for
the National Lupus Patient Registry.
Within amounts provided for Community Health Promotion:
$7,707,000 is available to support and expand the Behavioral
Risk Factor Surveillance Systems, as outlined in the Senate
report; $6,037,000 is for health promotion; $3,586,000
($250,000 above fiscal year 2004) is provided for continuing
and expanding a model project that is testing and evaluating
the efficacy of glaucoma screening using mobile units;
$2,516,000 ($250,000 above fiscal year 2004) is for the
national vision screening and education program; and $1,974,000
is for the Mind-Body Medical Institute in Boston, Massachusetts
to continue practice-based assessments, identification, and
study of promising and heavily-used mind/body practices.
The conferees applaud the CDC's commitment to continuing
partnership with the Dr. James West Health Clinic in Chicago,
IL in order to measure the effectiveness of integrating a
chronic disease management model within a substance abuse
treatment program.
Within the increase of $5,000,000 provided for Prevention
Research Centers, the conferees intend that CDC ensure that all
centers funded in fiscal year 2004 will continue to receive
funding in fiscal year 2005.
The conferees commend CDC on its efforts to promote
physical activity among children. In addition to regular
physical activity, sound nutrition and healthy eating are
important components of good health. The conferees encourage
CDC to examine its current activities focused on children and
develop options for expanding work related to promoting better
nutrition and healthy eating among children. The conferees
request that the CDC be prepared to report its findings during
the fiscal year 2006 budget hearings.
Birth Defects
Within the amount available for Health Promotion, the
conference agreement includes $125,643,000 for birth defects,
developmental disabilities, disability and health instead of
$119,866,000 as proposed by the House and $123,895,000 as
proposed by the Senate.
Within the total, the following amounts are provided for
the specified activities above the comparable amount for fiscal
year 2004:
$1,758,000 to expand autism surveillance and
education activities;
$250,000 to expand activities related to Fetal
Alcohol Syndrome;
$250,000 to expand activities related to Folic
Acid;
$657,000 to expand the National Spina Bifida
program, including $200,000 to create a National Spina
Bifida Clearinghouse and Resource Center;
$500,000 to expand the CDC's public health
education and research partnership with the Tourette
Syndrome Association;
$1,500,000 to expand surveillance and
epidemiological efforts of Duchenne and Becker muscular
dystrophy, including $500,000 to begin a coordinated
education and outreach initiative through the Parent
Project Muscular Dystrophy;
$1,394,000 to expand support for the Special
Olympics Healthy Athletes Initiative;
$819,000 to continue and expand programs that
translate clinical rehabilitation programs, including
$500,000 to increase demonstration programs with the
Christopher Reeve Paralysis Foundation;
$1,000,000 to expand the work of the Centers for
Birth Defects Research and Prevention and the National
Foundation for Facial Reconstruction related to
craniofacial malformation;
$99,000 to expand the activities related to
thalassemia blood safety surveillance; and
$170,000 to expand the work of the Attention
Deficit Resource Centers.
In addition, the agreement includes the following amounts
for the new initiatives below as outlined in either the House
or Senate reports:
$1,000,000 to expand and support studies related to
Down Syndrome;
$900,000 to expand activities related to Fragile X;
$900,000 to support the development of pilot
projects to expand existing birth defect surveillance
systems to include fetal death data at the Iowa
Department of Health and the Metropolitan Atlanta
Congenital defects Program; and
$550,000 to establish a public health outreach and
surveillance program for Diamond Blackfan anemia.
HEALTH INFORMATION AND SERVICE
The conference agreement includes $95,247,000 for Health
Information and Service, instead of $96,523,000 as proposed by
the House and $96,449,000 as proposed by the Senate. In
addition, $134,235,000, to be derived from section 241
evaluation set aside funds, is included to carry out National
Center for Health Statistics surveys, Public Health Informatics
evaluations, and health marketing evaluations.
Within the amount provided, the conference agreement
includes $109,021,000 for the National Center for Health
Statistics.
ENVIRONMENTAL HEALTH AND INJURY PREVENTION
The conference agreement includes $288,168,000 for
Environmental Health and Injury Prevention activities, instead
of $287,327,000 as proposed by the House and $290,126,000 as
proposed by the Senate.
Environmental Health
Within the funds available for Environmental Health and
Injury Prevention, the conference agreement includes
$148,747,000 for environmental health instead of $148,859,000
as proposed by the House and $148,958,000 as proposed by the
Senate.
Within the total:
$27,800,000 is for the environmental health
laboratory, $690,000 above fiscal year 2004;
$51,461,000 is for environmental health activities
(including an increase over fiscal year 2004 of
$500,000 for both the Environmental and Health Outcome
Tracking Network and the physician education and public
awareness program for primary immune deficiency disease
as implemented by the Jeffrey Modell Foundation);
$32,700,000 is for asthma, $599,000 over fiscal
year 2004; and
$36,786,000 is for childhood lead poisoning, the
same as fiscal year 2004.
Injury Control
Within the funds provided for Environmental Health and
Injury Prevention, the conference agreement includes
$139,421,000 for injury control, instead of $138,468,000 as
proposed by the House and $141,168,000 as proposed by the
Senate.
Within the total provided:
$104,021,000 is for intentional injury prevention
activities, including increases above fiscal year 2004
of: $342,000 to extend implementation of the National
Violent Death Reporting System, $466,000 to expand
child maltreatment prevention activities, $1,000,000 to
expand rape prevention and education activities,
including funding for the National Resource Center on
Sexual Assault at the statutory maximum, and $479,000
to increase support for other intentional injury
programs; and
$35,400,000 is for unintentional injury prevention
activities, including an increase over fiscal year 2004
of $515,000 for the Traumatic Brain Injury prevention
program. In addition, sufficient funds are included to
continue support for all existing Injury Control
Research Centers.
OCCUPATIONAL SAFETY AND HEALTH
The conference agreement provides a total program level
of $287,745,000 for occupational safety and health, instead of
$280,186,000 as proposed by the House and $294,587,000 as
proposed by the Senate. Within that amount, $87,071,000 is
available to carry out research tools and approaches activities
within the National Occupational Research Agenda (NORA) to be
derived from section 241 evaluation set-aside funds.
The conferees concur in the directives in the Senate
report regarding the NIOSH reporting relationship with the
Director of CDC, their operating procedures, and organizational
structure.
Within the total provided:
$1,500,000 above the fiscal year 2004 level is for
the Education and Research Centers to expand research
activities in support of implementation of NORA;
$1,400,000 above the fiscal year 2004 level is for
the National Personal Protective Technologies
Laboratory;
$4,258,000 above the fiscal year 2004 level is for
the NIOSH in-house mining research program; and
$2,000,000 above the fiscal year 2004 level is for
the National Occupational Research Agenda (NORA).
The conferees recognize the important role of the sixteen
Education and Research Centers in providing research training
for occupational health and safety professionals and do not
believe that funds should be diverted from training activities
to support other research.
GLOBAL HEALTH
The conference agreement provides $296,380,000 for Global
Health activities, instead of $302,051,000 as proposed by the
House and $305,239,000 as proposed by the Senate.
Within the total:
$124,882,000 is for Global HIV/AIDS, the same
comparable amount as fiscal year 2004;
$138,300,000 is for Global Immunization, including
an increase over fiscal year 2004 of $262,000 for Polio
Eradication and $135,000 for other global immunization
activities; and
$21,609,000 is for Global Disease Detection, an
increase of $10,000,000 over fiscal year 2004.
The conferees encourage the Director to review the
proposals submitted in response to CDC's program announcement
regarding the Rapid Expansion of Antiretroviral Therapy
Programs for HIV-Infected Persons in Selected Countries in
Africa and the Caribbean under the President's Emergency Plan
for AIDS Relief and consider giving priority to those
applications deemed meritorious, but which did not receive
funding in fiscal year 2004, when awarding funds in fiscal year
2005.
PUBLIC HEALTH RESEARCH
The conference agreement includes $31,000,000, to be
derived from section 241 evaluation set-aside funds, for Public
Health Research, instead of $29,583,000 as proposed by the
House and $35,000,000 as proposed by the Senate.
The conferees intend that funds within public health
research be made available to cover fiscal year 2005
continuation costs associated with the extramural prevention
research program.
PUBLIC HEALTH IMPROVEMENT AND LEADERSHIP
The conference agreement includes $269,145,000 for Public
Health Improvement and Leadership instead of $199,775,000 as
proposed by the House and $261,858,000 as proposed by the
Senate.
Within the total, $8,000,000 is included for a Director's
Discretionary Fund to support activities deemed by the Director
as having high scientific and programmatic priority and to
respond to emergency public health requirements. The conferees
concur with language in the Senate report regarding the
Director's authority to reallocate management savings to the
Director's Discretionary Fund upon notification of the
Committees on Appropriations in the House and Senate.
The conference agreement includes $180,114,000 for
Leadership and Management, instead of $179,682,000 as proposed
by the House and $179,977,000 as proposed by the Senate.
The conference agreement includes $1,000,000 for the
Institute of Medicine to conduct a study that includes
recommendations regarding appropriate nutritional standards for
the availability, sale, content, and consumption of food at
school, with particular attention given to foods offered in
competition with federally-reimbursed meals and snacks.
The conference agreement includes $500,000 to continue
the Comprehensive Assessment of Rural Health in Iowa (CARHI),
in conjunction with the Iowa Department of Public Health.
The conference agreement includes the following amounts
for the following projects and activities in fiscal year 2005:
Access Community Health Network, Chicago, IL for
programs related to prevention and control of
chronic diseases.................................... $500,000
Advocate Health Care, Oak Brook, IL for an initiative to
reduce asthma morbidity and mortality among at-risk
populations in the Chicago area..................... 175,000
Alaska Lung Association, Anchorage, AK with the Asthma
and Allergy Foundation of Alaska and the Alaska
Native Health Board for programs to prevent lung
diseases stemming from tobacco...................... 500,000
Alivio Medical Center, Chicago, IL, for services related
to prevention and control of chronic diseases....... 300,000
All Children's Hospital, Inc., St. Petersburg, FL, for
an Obesity Education Project........................ 300,000
Alliance of AIDS Services--Carolina, Raleigh, NC for a
peer-led secondary prevention program targeting
people living with HIV.............................. 100,000
Alliance of Pennsylvania Councils, Camp Hill, PA for a
weight management program........................... 200,000
Alpha Community Ambulance Services, Inc., State College,
PA for bioterrorism preparedness.................... 100,000
Alzheimer's Association of the Delaware Valley,
Philadelphia, PA to increase community awareness of
Alzheimer's......................................... 100,000
American Cancer Society--Southwest Region, Pittsburgh,
PA for a living with cancer program................. 25,000
American Trauma Society, Upper Marlboro, MD, for a
Survey Project on Communicating with Trauma Victims
and their Families.................................. 550,000
American Vitiligo Research Foundation (AVRF), for
education and awareness programs.................... 100,000
American-Italian Cancer Foundation, New York, NY for
mobile breast cancer screening (including upgrades
to a mammography van)............................... 100,000
Baltimore City Health Department, Baltimore, MD for HIV/
STD prevention programs............................. 340,000
Battelle, Inc., Columbus, OH, to assess the Pennsylvania
agriculture industry readiness against agriculture
terrorism and develop a prevention and response plan
in coordination with Penn State University.......... 100,000
Bayview Hunters Point Health and Environmental Resource
Center, San Francisco, CA for education and outreach
programs regarding asthma and cancer................ 150,000
Benedictine University, Lisle, IL, for a Public Safety
Education Initiative for DuPage and Kendall
Counties, IL........................................ 2,000,000
Benton County Jail, Benton County, AR, for a UV
Germicidal Disinfection Unit........................ 50,000
Bergen Community Regional Blood Center, Paramus, NJ, for
a demonstration program............................. 70,000
Beth Israel Medical Center, New York, NY for rape
prevention and intervention services at its Rape
Crisis Intervention Center.......................... 200,000
Black Hills State University for the West River Task
Force on Fetal Alcohol Syndrome..................... 300,000
Boys and Girls Clubs of San Dieguieto, San Diego, CA,
for a Health Lifestyle Program...................... 100,000
Bucks County EMA, Ivyland, PA to upgrade equipment and
provide training for bioterrorism preparedness...... 100,000
Butler County Community College, Butler, PA for
bioterrorism preparedness training.................. 25,000
California State University, Fullerton, College of Human
Development and Community Service, for programs
aimed at preventing obesity and promoting health for
children............................................ 400,000
Cascade AIDS, Portland, OR, to implement the Working
Choices Project..................................... 50,000
Center for Integration of Medicine and Innovative
Technology, Cambridge, MA for a Facility Airborne
Biological Toxin Alarm System....................... 500,000
Center for International Rehabilitation for the
Disability Rights Monitor........................... 500,000
Center for Mind Body Medicine, Washington, D.C., to
train health and mental health professionals in
treating war and terrorism related trauma in the
U.S. and abroad..................................... 100,000
Center for Nonproliferation Studies, Monterey, CA, for
maintenance and expansion of the Monterey WMB
Terrorism Database.................................. 750,000
Center in the Park, Philadelphia, PA for health
education, screening, wellness programs and other
services to reduce the burden of chronic disease
among senior citizens............................... 150,000
Chattahoochee Valley Community College, Phenix City, AL,
for first responder training........................ 100,000
Chattanooga Health and Performance Institute, University
of Tennessee at Chattanooga, Chattanooga, TN........ 400,000
Citizens Against Toxic Exposure in Pensacola, Florida to
continue outreach efforts........................... 100,000
City of Charlotte, NC, for Charlotte ALERT bioterrorism
surveillance activities............................. 250,000
City of Waterloo, Iowa, for expansion of Fire PALS, a
school-based injury prevention program.............. 450,000
Clarion University, Clarion, PA to create the
Pennsylvania Smoking Cessation and Prevention
Campaign............................................ 250,000
Cleveland State University for training first responders 500,000
College of New Rochelle, New Rochelle, NY for
development and dissemination of preventive health
educational materials............................... 200,000
Commission on Economic Opportunity, Wilkes-Barre, PA to
support the Weinberg Northeast Regional Nutrition
Program for nutrition education..................... 25,000
Community College Foundation, Sacramento, CA, for the
ePassport foster child health and education data
tracking program.................................... 500,000
Community Health Centers in Hawaii for the Childhood
Rural Asthma Project................................ 150,000
Community Health Partnership, San Jose, CA for breast
cancer screening and referral services to low-
income, medically underserved women................. 300,000
CommunityHealth in Chicago, IL for continuation of
health-related programs............................. 100,000
Comprehensive Cancer Center of the Ohio State
University, Columbus, OH, for the Center for Health
Disparities......................................... 150,000
Dan River Cardiovascular Health Initiative Program,
Danville, VA........................................ 25,000
Delaware County Emergency Services, PA for a
bioterrorism preparedness program................... 25,000
Delta Health Alliance, Stoneville, MS for continuation
of multi-partner effort to address health
disparities in the Delta............................ 2,000,000
Department of Obstetrics and Gynecology, Drexel
University College of Medicine, Philadelphia, PA,
for prenatal care................................... 300,000
District of Columbia Department of Health, for
monitoring of residents' exposure to lead, including
blood testing and environmental assessments......... 200,000
Domestic Violence Coalition, Harrisburg, PA for a
domestic violence database.......................... 300,000
East Los Angeles Community Union (TELACU) Education
Foundation, Los Angeles, CA, to address healthcare
epidemic by implementing a bilingual outreach
program............................................. 100,000
Eastern Maine Healthcare, Bangor, ME, for chronic
disease management at the Institute for Medical
Improvement (IMI)................................... 300,000
Eastside Healthcare of Chicago Heights Foundation,
Chicago Heights, IL for implementation of an asthma
outreach program in schools......................... 125,000
Emory University, Atlanta, GA for the Southeastern
Center for Emerging Biologic Threats................ 100,000
Food Allergy & Anaphylaxis Network, Fairfax, VA to raise
public awareness of food allergies.................. 250,000
Food for Fuel, Washington, DC to implement their F3
nutritional education program....................... 100,000
Friends of the Congressional Glaucoma Caucus Foundation,
Lake Success, NY for eye screening in Southwest
Texas............................................... 500,000
Georgia Rural Water Association, Barnesville, GA, for
the National Fluoridation Training Institute........ 75,000
Giant Steps Illinois, Inc., Burr Ridge, IL, to support
and expand the Autism Center of Excellence.......... 100,000
Gilda's Club South Jersey, Atlantic City, NJ, to expand
outreach programs................................... 50,000
Golden Gate National Parks Conservancy, San Francisco,
CA.................................................. 150,000
Haitian American Association Against Cancer, Miami, FL
for cancer education, outreach, screening and
related programs.................................... 240,000
Health Care Improvement Foundation, Philadelphia, PA for
a public health/bioterrorism disaster communications
project............................................. 100,000
Health Choice Network, Miami, FL for the Jessie Trice
Cancer prevention project........................... 350,000
Health Improvement Collaborative of Greater Cincinnati,
Cincinnati, OH, for an On The Move Initiative....... 100,000
Health Services Partnership of Dorchester, MA for
outreach, education and prevention services related
to conditions such as obesity, diabetes, heart
disease and cancer.................................. 450,000
Home Safety Council, Washington, DC, for a national
injury prevention education program targeting youth. 50,000
Hult Health Education Center, Peoria, IL................ 75,000
Illinois State University, Normal, IL, for a Physical
Education Obesity Prevention and Lifestyle
Enhancement (PEOPLE) program........................ 125,000
Inner Harmony Foundation and Wellness Center, Clark
Summit, PA for a community health program........... 250,000
International Species Information System, Eagan, MN..... 500,000
Iowa Department of Public Health to initiate the Harkin
Wellness Grant program.............................. 3,000,000
Iowa Games to continue the Lighten Up Iowa program...... 200,000
Iowa Health Foundation to continue a pilot program on
chronic disease management.......................... 400,000
Iowa State University, Ames, IA for the Center for the
Study of Violence to identify factors that
contribute to the development of violence-prone
individuals......................................... 155,000
Iron Disorders Institute, Hershey, PA to establish a
joint Center for the Study of BioMetals in Health
and Disease with special emphasis on iron-related
disorders........................................... 250,000
Jaisohn Center, Philadelphia, PA for diabetes management
and other health programs........................... 100,000
James Whitcomb Riley Hospital for Children,
Indianapolis, IN, for continuation of autism
programs at the Christian Sarkine Autism Treatment
Center.............................................. 200,000
John B. Amos Cancer Center, Columbus Regional Healthcare
System, Columbus, GA, for cancer education and early
detection programs.................................. 250,000
Kansas City Free Health Clinic, Kansas City, MO to
establish a chronic disease management program...... 125,000
Kansas State University, Manhattan, KS, for the Youth
Obesity Prevention Initiative....................... 250,000
Karmanos Cancer Institute, Detroit, MI, for cancer
prevention and research............................. 1,000,000
Kids Kicking Cancer, Birmingham, MI..................... 500,000
Kids Kicking Cancer, Birmingham, MI, to initiate the
``Kids Kicking Cancer'' program in Pennsylvania..... 25,000
Kirkwood Community College, Cedar Rapids, IA for the
National Mass Fatalities Institute.................. 100,000
La Rabida Children's Hospital, Chicago, IL for diabetes
programs for children and families.................. 150,000
Lance Armstrong Foundation, Austin, TX in collaboration
with the Abramson Cancer Center at the University of
Pennsylvania, Philadelphia, PA for the Living Well
After Cancer program................................ 100,000
Lance Armstrong Foundation, Austin, TX, for a Lance
Armstrong Foundation Survivorship Center............ 100,000
Lehigh Carbon Community College, Schnecksville, PA for a
bioterrorism preparedness program................... 25,000
L'Garde, Inc., Tustin, CA for bioterrorism technology
development......................................... 400,000
Livingston Parish Government, Denham Springs, LA, for a
Healthy People 2010 Project......................... 100,000
Marin County Health and Human Services Department, San
Rafael, CA for research and analysis related to
breast cancer incidence and mortality in the county. 440,000
Marion County, OR to develop Disease Prevention and
Education Programs.................................. 50,000
Medical Center Blount, Oneonta, AL, for an immunization
program............................................. 20,000
Medical Institute for Sexual Health (MISH), Austin, TX,
for the development of curricula for medical
students and primary care residents related to
sexual health....................................... 200,000
Memorial Hermann Baptist Hospitals of Southeast Texas,
Julie and Ben Rogers Cancer Center, Beaumont, TX to
expand cancer screening services.................... 400,000
MIRA, Bloomfield Hills, MI.............................. 50,000
Montgomery County Department of Public Safety,
Eagleville, PA for a bioterrorism preparedness
program............................................. 50,000
National Center for Early Defibrillation, Pittsburgh, PA
for educational outreach............................ 25,000
National Childhood Cancer Foundation, Bethesda, MD, to
provide information and assistance to families
impacted by childhood cancer........................ 1,500,000
National Children's Cancer Society, St. Louis, MO for
the Beyond the Cure cancer survivorship program..... 1,000,000
National Foundation for Trauma Care, Irvine, CA to
conduct a study on the impact a terrorist attack
would have on trauma centers........................ 150,000
National Nursing Centers Consortium, Philadelphia, PA
for the Lead Safe Babies program.................... 75,000
National Student Assistance Association, Washington, DC
to study the efficacy of Student Assistance Programs
in providing a mechanism to connect students in need
of mental health and substance abuse services in
coordination with the University of Pittsburgh...... 100,000
Nevada Cancer Institute to create the Lance Armstrong
Foundation Cancer Survivorship Center............... 250,000
New England Coalition on Health Promotion and Disease
Prevention, Providence, RI, for the New England
obesity initiative diagnostic study................. 50,000
New York Methodist Hospital, Brooklyn, NY for its
Patient Follow-up Coordinator Program to reduce
barriers to compliance with treatment among cardiac
patients from medically underserved populations..... 150,000
New York University for the advancement of the design
and function of cochlear implants................... 200,000
North Shore AIDS Health Project, Gloucester, MA for
programs related to prevention and control of
hepatitis........................................... 150,000
Northeast Regional Cancer Institute, Scranton, PA for
cancer screening evaluation......................... 100,000
Ophelia Project, Erie, PA, to develop an educational
curriculum, in collaboration with Pennsylvania State
University, to address issues of anorexia and
bulimia facing adolescent girls..................... 50,000
Oral Vaccine Institute in Las Vegas, Nevada for the
development of innovative vaccine delivery
alternatives........................................ 900,000
Orange County Council of Government, Santa Ana, CA, for
a Healthy Waterways Initiative...................... 200,000
Orange County Fire Authority, Orange, CA, for a public
safety and education center......................... 150,000
Partnership for Food Safety Education, Washington, DC,
for the FightBAC campaign........................... 200,000
Pegasus Research Foundation, Little Rock, AR for a
bioterrorism and disaster communications project in
Minnesota........................................... 100,000
Pennsylvania Breast Cancer Coalition, Ephrata, PA to
expand and enhance their breast cancer guide book... 50,000
Pennsylvania Chapter of the American College of
Emergency Physicians, Harrisburg, PA to study the
roles of emergency physicians as safety net
providers........................................... 200,000
Pennsylvania Homecare Association, Lemoyne, PA to launch
a pilot project in the state of PA to demonstrate
how homecare resources can be used for disease
management of chronically ill patients.............. 150,000
Philadelphia Department of Public Health, Philadelphia,
PA for a health alert network....................... 150,000
Pittsburgh Life Science Greenhouse, Pittsburgh, PA for
clinical trial planning............................. 200,000
Pittsburgh Public Schools, Pittsburgh, PA with the
Pittsburgh School of Dentistry to develop a pilot
oral health project................................. 50,000
Pocono Health Communities Alliance, Stroudsburg, PA to
provide a health and human service information and
referral program.................................... 100,000
Positive Effect Outreach Ministry, Philadelphia, PA to
implement a HIV outreach and screening program...... 100,000
Pregnancy Crisis Center, Wichita, KS, for facilities and
equipment........................................... 80,000
Prevent Blindness North Carolina, Raleigh, NC for vision
screening for preschool children.................... 225,000
Prince George's County Department of Health, Upper
Marlboro, MD for diabetes prevention and education
programs targeted to reducing diabetes-related
health disparities.................................. 330,000
Provena Mercy Center, Aurora, IL, for diabetes education
and prevention...................................... 750,000
Public Health Research Institute, Newark, NJ to
implement Phase III Deployment of an electronic
surveillance and alert system to produce real-time
local and regional data............................. 100,000
S.A.F.E. Inc., Wilkes-Barre, PA for autism outreach..... 250,000
SafeMinds, Cranford, NJ................................. 200,000
Saint Joseph's University, Philadelphia, PA for their
anti-obesity program................................ 700,000
Saint Louis Children's Hospital, St. Louis, MO to
establish a patient database to investigate the
natural history of children with tuberous sclerosis
complex............................................. 100,000
San Antonio Metropolitan Health District, San Antonio,
TX for a health assessment of exposure to
environmental contaminants at and near the former
Kelly Air Force Base................................ 320,000
Save a Life Foundation (SALF), Schiller Park, IL to
expand SALF's for first aid training................ 500,000
Schneider's Children Hospital, New Hyde Park, NY for
comprehensive Diamond Blackfan Anemia awareness and
surveillance........................................ 250,000
Self Reliance Foundation, Washington, DC for the
Hispanic national health communications initiative.. 500,000
Silent Spring Institute, Newton, MA for studies of the
impact of environmental pollutants on breast cancer
and women's health.................................. 350,000
Sister to Sister--Everyone Has a Heart Foundation to
increase women's' awareness of heart disease,
Washington, DC...................................... 550,000
Sixteenth Street Community Health Center in Milwaukee,
WI to expand the Community-Based Asthma Institute... 350,000
Slippery Rock University, Slippery Rock, PA, for the
Center on Disability and Health to promote and
encourage regular physical activity................. 125,000
South Central Family Health Center, Los Angeles, CA for
women's health outreach, education, and screening
services............................................ 150,000
Southeastern Center for Emerging Biologic Threats,
Atlanta, GA......................................... 568,000
Southern AIDS Commission, Inc., Greenville, MS to
provide HIV/AIDS education, prevention, and
treatment programs and services..................... 105,000
Spelman College, Atlanta, GA for its Health and Wellness
Initiative for college-age women.................... 450,000
Spinal Muscular Atrophy Foundation, New York, NY for SMA
education and awareness for patients and health
professionals....................................... 500,000
State Information Technology Consortium, Herndon, VA to
create a web-based Center for Reducing Medical
Errors.............................................. 300,000
State of Alaska Department of Health and Social
Services, Juneau, AK for an Injury Prevention
Program............................................. 250,000
State of Alaska Department of Health and Social
Services, Juneau, AK for an Obesity Prevention and
Control program..................................... 500,000
State of Alaska Department of Health and Social
Services, Juneau, AK for tuberculosis detection and
control............................................. 500,000
Stephen F. Austin State University, Nacogdoches, TX for
anti-viral compound identification.................. 600,000
Stone Soup Group, Anchorage, AK for services to disabled
children and their families, focusing on FAS/FAE
children............................................ 100,000
Susan P. Byrnes Health Education Center, Inc., York, PA
to address the National Obesity Epidemic among
school children..................................... 70,000
Swope Health Services, Kansas City, MO for a Pediatric
Screening and Intervention Project.................. 1,000,000
Tangipahoa Parish Mosquito Abatement District #1,
Hammond, LA......................................... 100,000
Telacu Education Foundation, CA, for a bilingual
outreach program on diabetes........................ 700,000
Texas A&M University Texas Engineering Extension Service
(TEEX), College Station, TX to develop a
bioterrorism preparedness program................... 250,000
The Cooper Institute, Dallas, TX to expand the Texas on
the Move services................................... 100,000
Tioga County Partnership for Community Health,
Wellsboro, PA for their anti-obesity community based
after school health promotion program............... 100,000
Toledo Children's Hospital, Toledo, OH for health
promotion and risk prevention programs targeted to
teenagers........................................... 50,000
University of Alaska Statewide Office, Fairbanks, AK to
continue to develop and implement its statewide
health agenda....................................... 1,000,000
University of Connecticut, Storrs, CT to develop and
implement strategies to reduce deaths, complications
and hospitalizations resulting from respiratory
illness among older adults.......................... 350,000
University of Findlay, Findlay, OH, for facilities and
equipment for the Center for Terrorism Preparedness. 500,000
University of Hawaii for the Public Health Program...... 100,000
University of Kentucky, Lexington, KY for the Medication
Use Decision Support Center for a program to improve
medication-related outcomes......................... 1,000,000
University of Louisville, Louisville, KY Chronic Disease
Management Education Program in Cancer.............. 300,000
University of Louisville, Louisville, KY for the Cancer
Agripharmaceutical Institute........................ 450,000
University of Louisville, Louisville, KY for the
Computational Biology Project in Oral Health........ 500,000
University of Miami School of Medicine, Miami, FL, for
culturally sensitive training on disasters in the
Hispanic community.................................. 600,000
University of North Carolina at Chapel Hill, Chapel
Hill, NC with East Carolina University, Greenville,
NC for the Program in Racial Disparities in
Cardiovascular Disease.............................. 500,000
University of North Carolina at Chapel Hill, for
analysis of genomic data on racial disparities in
cardiovascular disease.............................. 225,000
University of North Dakota Energy and Environmental
Research Center for research into the health impact
of pesticides....................................... 500,000
University of North Texas Health Science Center at Fort
Worth, TX, for diabetes prevention and control...... 800,000
University of Northern Iowa for the National Program for
Playground Safety................................... 300,000
University of Northern Iowa, Cedar Falls, IA to support
youth fitness and obesity efforts in rural preschool
children............................................ 235,000
University of Notre Dame, Notre Dame, IN, for research
in areas of acute care, disability, and
rehabilitation at the Notre Dame Center for
Orthopedic Research and Engineering................. 350,000
University of Oklahoma Health Sciences Center, Oklahoma
City, OK, to establish a developmental center for
injury prevention research.......................... 100,000
University of Pittsburgh Medical Center, Pittsburgh, PA
for bioterrorism preparedness....................... 100,000
University of Pittsburgh Medical Center, Pittsburgh, PA
for the Pennsylvania Cancer Control Consortium and
UPMC Cancer Pavilion, to develop a clinical research
and clinical trials network......................... 200,000
University of Texas Health Science Center at San
Antonio, San Antonio, TX, for Asthma Demonstration
Project............................................. 1,750,000
University of Texas Houston Health Science Center,
School of Public Health, Brownsville, TX for studies
regarding the health of the Hispanic population in
the Lower Rio Grande Valley......................... 500,000
University of Texas, Austin, Texas for the Bio-Chem
initiative.......................................... 50,000
University of Texas, M.D. Anderson Cancer Center,
Houston, TX for a comprehensive cancer control
program to address the needs of minority and
medically underserved populations................... 500,000
University of West Florida for the Partnership for
Environmental Research and Community Health......... 200,000
University of Wisconsin--Extension in Madison, WI for
the Parent Education to Prevent Childhood Obesity
program............................................. 150,000
USA Stars Cultural Exchange and Diversity Training:
Alcohol and Obesity Education Through Sport with
Oklahoma Judo, OK................................... 125,000
Vermont Oxford Network of Burlington, VT to expand
neonatal health care quality and safety initiatives. 275,000
Visiting Nurse Associations of America, Boston, MA for a
home health care best practices clearinghouse....... 200,000
Vitiligo Support International, Inc., Encino, CA, for
education and awareness programs.................... 200,000
Washington Hospital, Washington, PA to implement their
Health and Wellness Program......................... 25,000
Wayne County Department of Public Health, Detroit, MI,
for a Maternal Child Outreach, Coordination and
Advocacy Program.................................... 100,000
West Jefferson Medical Center, Marrero, LA.............. 150,000
West Side Ecumenical Ministry, Cleveland, OH for a youth
health and wellness project addressing the problem
of teenage obesity.................................. 140,000
Wholistic Family Agape Ministries Institute, Alexandria,
VA for HIV/AIDS education and prevention and related
programs............................................ 75,000
Yale New Haven Health System, to establish a specialty
center for public health preparedness............... 450,000
YMCA of Bradford County, Towanda, PA, for fitness
equipment........................................... 25,000
PREVENTIVE HEALTH SERVICES BLOCK GRANT
The conference agreement includes $131,814,000 for the
Preventive Health Services Block Grant, the same as proposed by
the Senate. The House bill included $108,516,000 for the block
grant.
BUSINESS SERVICES SUPPORT
The conference agreement includes $281,226,000 for
Business Services Support, instead of $286,013,000 as proposed
by the House and $282,226,000 as proposed by the Senate. The
agreement does not include an additional $33,953,000, to be
derived from section 241 evaluation set-aside funds, as
proposed by the House.
The conferees concur with language in the Senate report
regarding the Director's authority to reallocate savings that
result from efficiencies gained in business services support to
the Director's Discretionary Fund upon notification of the
Committees on Appropriations in the House and Senate.
The conferees request that the Director submit a report
to the House and Senate Committees on Appropriations within 60
days of enactment showing, for fiscal years 2004 and 2005, the
actual or planned division of funding between intramural and
extramural programs for each budget activity and sub-activity.
For those activities where funding is provided to state and
local health departments through general cooperative agreements
(such as many chronic disease programs, or tuberculosis or STD
control), the report should also show the division of
extramural funding between these cooperative agreements and
other extramural programs.
The conferees also request that CDC include no less
detail than provided in past years in the Justification of
Estimates for the Appropriations Committees accompanying the
budget for fiscal year 2006, including the functional tables
for each budget activity, the mechanism table by activity, and
the crosswalks of funding between programs and CDC
organizations.
National Institutes of Health
NATIONAL CANCER INSTITUTE
The conference agreement includes $4,865,525,000 for the
National Cancer Institute instead of $4,870,025,000 as proposed
by the House and $4,894,900,000 as proposed by the Senate.
NATIONAL HEART, LUNG AND BLOOD INSTITUTE
The conference agreement includes $2,965,453,000 for the
National Heart, Lung and Blood Institute instead of
$2,963,953,000 as proposed by the House and $2,985,900,000 as
proposed by the Senate.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
The conference agreement includes $395,080,000 for the
National Institute of Dental and Craniofacial Research instead
of $394,080,000 as proposed by the House and $399,200,000 as
proposed by the Senate.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
The conference agreement includes $1,727,696,000 for the
National Institute of Diabetes and Digestive and Kidney
Diseases instead of $1,726,196,000 as proposed by the House and
$1,739,100,000 as proposed by the Senate. An amount of
$150,000,000 is also available to the Institute through a
permanent appropriation for juvenile diabetes.
The conferees understand that study of Diamond Blackfan
Anemia (DBA), may lead to important strides in research
important to NIDDK, especially relating to red cell formation,
gene therapy, mechanisms of iron overload and the development
of treatment options for patients with iron overload. The
conferees strongly encourage NIDDK to develop grant
opportunities to support DBA research in these areas and to
collaborate with NHLBI to develop appropriate research
initiatives for DBA.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
The conference agreement includes $1,552,123,000 for the
National Institute of Neurological Disorders and Stroke instead
of $1,545,623,000 as proposed by the House and $1,569,100,000
as proposed by the Senate.
The conferees support an effort currently underway at NIH
to identify FDA-approved drugs with potential for treating
amyotrophic lateral sclerosis (ALS), Huntington's disease, and
other neurodegenerative diseases. The conferees applaud the
collaboration between the NINDS and private organizations on
this drug screening project, and encourage NINDS to work with
voluntary associations to expand the high throughput drug
screening consortium sponsored by NINDS to include screens for
compounds that ameliorate cellular changes in Duchenne muscular
dystrophy.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $4,440,007,000 for the
National Institute of Allergy and Infectious Diseases as
proposed by the House instead of $4,456,300,000 as proposed by
the Senate.
The conference agreement includes bill language
permitting the transfer of $100,000,000 to International
Assistance Programs, Global Fund to Fight HIV/AIDS, Malaria,
and Tuberculosis as proposed by the House instead of
$149,115,000 as proposed by the Senate.
The conferees are concerned about the high prevalence of
food allergies, among children in particular, with up to eight
percent affected. The conferees recognize that 30,000
individuals require emergency room treatment for food allergies
each year, that 100 to 200 individuals die each year from
allergic reactions to food, and that there is currently no cure
for food allergies. For this reason, NIAID is encouraged to
invest in research into the causes of food allergies and its
potential treatments.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
The conference agreement includes $1,959,810,000 for the
National Institute of General Medical Sciences as proposed by
the House instead of $1,975,500,000 as proposed by the Senate.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
The conference agreement includes $1,280,915,000 for the
National Institute of Child Health and Human Development as
proposed by the House instead of $1,288,900,000 as proposed by
the Senate.
The conferees commend NICHD for its leadership of the
agencies and groups that have joined together to develop the
National Children's Study. This group has made excellent
progress in planning and preparing for the full implementation
of the Study. Some projections indicate that the annual
reductions in health care costs that are likely to be made
possible by the Study's results will be significantly larger
than the total funding levels that will be required to conduct
it. To assist in planning for the future needs of the study,
the conferees request that, within 120 days of the final
enactment of this appropriation, NICHD provide the most recent
projections of the total and annual costs of the study.
NATIONAL EYE INSTITUTE
The conference agreement includes $674,578,000 for the
National Eye Institute instead of $671,578,000 as proposed by
the House and $680,300,000 as proposed by the Senate.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The conference agreement includes $650,027,000 for the
National Institute of Environmental Health Sciences as proposed
by the House instead of $655,100,000 as proposed by the Senate.
NATIONAL INSTITUTE ON AGING
The conference agreement includes $1,060,666,000 for the
National Institute on Aging instead of $1,055,666,000 as
proposed by the House and $1,094,500,000 as proposed by the
Senate.
Of the nearly 35 million Americans age 65 and older, an
estimated seven million suffer from a depressive illness or
depressive symptoms. Depressive symptoms tend to be persistent
and to interfere significantly with an individual's ability to
function. The conferees encourage NIA to expand research into
treatment of mental illnesses in the elderly. The conferees
further recommend that NIA expand its collaboration with NIMH
as well as NINR on Alzheimer's disease to include research
related to identifying effective treatments for elderly persons
who suffer from depression.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
The conference agreement includes $515,378,000 for the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases as proposed by the House instead of $520,900,000 as
proposed by the Senate.
The conferees encourage NIAMS to coordinate with other
Institutes to enhance research relevant to scoliosis and to
identify bio-mechanical causes and genetic markers, develop
prenatal and childhood detection testing and strategies to
prevent the deformity.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
The conference agreement includes $397,507,000 for the
National Institute on Deafness and Other Communication
Disorders instead of $393,507,000 as proposed by the House and
$399,000,000 as proposed by the Senate.
NATIONAL INSTITUTE OF NURSING RESEARCH
The conference agreement includes $139,198,000 for the
National Institute of Nursing Research as proposed by the House
instead of $140,200,000 as proposed by the Senate.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
The conference agreement includes $441,911,000 for the
National Institute on Alcohol Abuse and Alcoholism as proposed
by the House instead of $444,900,000 as proposed by the Senate.
NATIONAL INSTITUTE ON DRUG ABUSE
The conference agreement includes $1,014,760,000 for the
National Institute on Drug Abuse instead of $1,012,760,000 as
proposed by the House and $1,026,200,000 as proposed by the
Senate. The agreement does not include $6,300,000 in program
evaluation funding as proposed by the House. The Senate bill
did not include any program evaluation funding.
NATIONAL INSTITUTE OF MENTAL HEALTH
The conference agreement includes $1,423,609,000 for the
National Institute of Mental Health instead of $1,420,609,000
as proposed by the House and $1,436,800,000 as proposed by the
Senate.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
The conference agreement includes $492,670,000 for the
National Human Genome Research Institute as proposed by the
House instead of $496,400,000 as proposed by the Senate.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
The conference agreement includes $300,647,000 for the
National Institute of Biomedical Imaging and Bioengineering
instead of $297,647,000 as proposed by the House and
$300,800,000 as proposed by the Senate.
NATIONAL CENTER FOR RESEARCH RESOURCES
The conference agreement includes $1,124,141,000 for the
National Center for Research Resources instead of
$1,094,141,000 as proposed by the House and $1,213,400,000 as
proposed by the Senate.
The conference agreement includes bill language to
earmark $30,000,000 for extramural facilities construction
grants instead of $119,220,000 as proposed by the Senate. The
House did not provide funding for extramural facilities
construction.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
The conference agreement includes $123,116,000 for the
National Center for Complementary and Alternative Medicine
instead of $121,116,000 as proposed by the House and
$121,900,000 as proposed by the Senate.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
The conference agreement includes $197,780,000 for the
National Center on Minority Health and Health Disparities
instead of $196,780,000 as proposed by the House and
$197,900,000 as proposed by the Senate.
JOHN E. FOGARTY INTERNATIONAL CENTER
The conference agreement includes $67,182,000 for the
John E. Fogarty International Center as proposed by the House
instead of $67,600,000 as proposed by the Senate.
NATIONAL LIBRARY OF MEDICINE
The conference agreement provides $317,947,000 for the
National Library of Medicine instead of $316,947,000 as
provided by the House and $316,900,000 as provided by the
Senate. In addition, $8,200,000 is provided from section 241
authority as proposed by both the House and Senate.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $361,145,000 for the
Office of the Director instead of $359,645,000 as proposed by
the House and $364,100,000 as proposed by the Senate.
The conference agreement includes bill language providing
up to $10,000,000 to be used for the flexible research
authority as described in section 217 of the bill as proposed
by the Senate instead of $7,500,000 as proposed by the House.
The conference agreement includes a modification to House
bill language that grants specific permission to NIH to fund a
portion of the Roadmap Initiative through a uniform charge
against the budgets of all Institutes and Centers. The
conferees have deleted a specific dollar limit on such funding,
in order to provide NIH with flexibility to adjust that amount
in response to changing cost estimates and scientific needs.
However, the agreement requires the Director to notify the
Appropriations Committees before exceeding the original NIH
Roadmap estimate of $176,800,000. The conferees have also added
language to clarify that these provisions are not intended to
limit the ability of Institutes and Centers to fund research
related to the Roadmap Initiative out of their own budgets
through their normal priority setting and scientific review
processes.
The conferees concur with the direction contained in the
House report for NIH to notify the Appropriations Committees on
a quarterly basis if the contributions from Institutes and
Centers or allocation of funding by Roadmap initiative changes
from what is presented in the congressional justification.
The conference agreement includes bill language
indicating that $10,000 of the funds provided may be used for
official reception and representation expenses if specifically
approved by the Director. The Senate bill contained similar
language as a general provision. The House bill did not contain
similar language.
The conferees concur with the concerns expressed in the
Senate report about the disappointing precedent contained in
the Administration request that would have used average cost
assumptions inconsistent with NIH's own Cost Management Plan.
To the extent that resources allow, the conferees believe that
NIH should follow its Cost Management Plan principles, which
will help NIH continue to maintain the purchasing power of the
research in which it invests.
The conferees concur in the House report language
indicating that the administration proposal to multi-year fund
some or all NIH grants is not approved. The Senate did not have
a similar provision.
The conferees are aware of the draft NIH policy on
increasing public access to NIH-funded research. Under this
policy, NIH would request investigators to voluntarily submit
electronically the final, peer reviewed author's copy of their
scientific manuscripts; six months after the publisher's date
of publication, NIH would make this copy publicly available
through PubMed Central. The policy is intended to help ensure
the permanent preservation of NIH-funded research and make it
more readily accessible to scientists, physicians, and the
public. The conferees note that the comment period for the
draft policy ended November 16th; NIH is directed to give full
and fair consideration to all comments before publishing its
final policy. The conferees request NIH to provide the
estimated costs of implementing this policy each year in its
annual Justification of Estimates to the House and Senate
Appropriations Committees. In addition, the conferees direct
NIH to continue to work with the publishers of scientific
journals to maintain the integrity of the peer review system.
The conferees are aware that recent advances in
multidisciplinary research combining biomaterials, cell
biology, computer modeling, micro-machining and nanotechnology
have made it possible to produce fully functioning replacement
kidneys and liver tissue. The multidisciplinary tissue
engineering research efforts have resulted in positive results
to date in the development of a compact, wearable continuous
kidney dialysis system that will greatly improve the lives of
patients. The conferees encourage the Director of NIH to pursue
research initiatives on the development of tissue-engineered
compact, wearable, continuous kidney dialysis and liver support
systems.
The conferees encourage NIAID, other Institutes within
NIH and other appropriate Federal agencies to provide support
for the study of Eosinophilia Myalgia Syndrome (EMS) and other
immune mediated diseases that manifest symptoms like those of
EMS. These systemic illnesses require new approaches, such as
systems biology, to understand root causes of disease onset, to
assess treatment options and to understand clinical and
epidemiological aspects. EMS and EMS-like diseases have
afflicted thousands, remain incurable, and continue to be
difficult to diagnose.
The conferees are aware that NIH has recently completed a
Trans-NIH Liver Disease Research Action Plan and urge that
steps be taken to ensure that its implementation begins in
fiscal year 2006. The conferees further request a report by
March 1, 2005 to discuss the timeline and priorities for
implementing the full plan.
The conferees acknowledge the positive conclusions of the
evidence-based review recently completed by the Office of
Dietary Supplements on the potential benefits of omega-3 fatty
acids in significantly lowering the risks of cardiovascular
disease, especially coronary heart disease. The conferees urge
NIH to undertake the design and planning of the recommended
clinical trials needed to provide conclusive evidence regarding
the potential of omega-3 fatty acids in reducing cardiovascular
morbidity and mortality in the general U.S. population.
BUILDINGS AND FACILITIES
The conference agreement includes $111,177,000 for
buildings and facilities instead of $99,500,000 as proposed by
the House and $114,500,000 as proposed by the Senate.
The conference agreement includes bill language granting
full scope authority for the contracting of construction of the
first and second phases of the John E. Porter Neurosciences
Building as proposed by the Senate. The House did not have a
similar provision. The agreement provides $14,700,000 to
continue construction of the building. The Senate report
provided $15,000,000 for this purpose.
The conferees wish to recognize and honor former
Congressman Joseph Daniel Early for his contribution to the
National Institutes of Health. Mr. Early served in Congress
from 1975 to 1993, and served on the House Labor, Health, and
Human Services Appropriations Subcommittee. During his time on
the Subcommittee, he tirelessly advocated on behalf of the NIH,
and the importance of medical research. Even before this
Subcommittee undertook bold efforts such as the recent doubling
of NIH funding, Mr. Early was on the forefront of recognizing
the critical role of the federal government in supporting
medical research, and the significance of the work of the NIH.
His efforts have undoubtably improved the health of many
Americans. The conferees strongly urge the NIH to honor Mr.
Early's contribution to the NIH by designating one of the two
outdoor courtyards in the Mark O. Hatfield Clinical Research
Center as the ``Joseph D. Early Plaza (or Courtyard)''. The
conferees hope that such a space will include a stone marker,
plaque, or sculpture that would prominently pay tribute to Mr.
Early's contributions to the NIH.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
The conference agreement includes $3,418,664,000 for
substance abuse and mental health services, of which
$3,295,361,000 is provided through budget authority and
$123,303,000 is provided through the evaluation set-aside. The
House bill had proposed $3,391,663,000 for SAMHSA, of which
$121,303,000 was from the evaluation set-aside and the Senate
proposed $3,484,729,000, of which $123,303,000 was from the
evaluation set-aside. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
Within the total provided, the conference agreement
includes funding at no less than the fiscal year 2004 level for
activities throughout SAMHSA that are targeted to address the
growing HIV/AIDS epidemic and its disparate impact on
communities of color, including African Americans, Latinos,
Native Americans, Asian Americans, Native Hawaiians, and
Pacific Islanders.
The conference agreement includes bill language
identifying $23,107,000 for projects in the amounts specified
in the statement of the managers on the conference report.
CENTER FOR MENTAL HEALTH SERVICES
The conference agreement includes $276,646,000 for
programs of regional and national significance instead of
$257,420,000 as proposed by the House and $303,128,000 as
proposed by the Senate.
The conference agreement provides $20,000,000 for the
State incentive grants for transformation as proposed by the
House rather than $43,782,000 as proposed by the Senate. These
competitive grants will support the development of
comprehensive State mental health plans and improve the mental
health services infrastructure.
Within the total provided, the conference agreement
provides $95,000,000 for counseling services for school-aged
youth as proposed by the Senate. In addition, $3,000,000 is
provided to support the national suicide prevention resource
center and continued support is also provided for the suicide
prevention hotline program at $3,070,000 as proposed by the
Senate.
The conference agreement includes $7,000,000 for grants
and cooperative agreements to develop early intervention and
prevention strategies, training and technical assistance to
address the growing problem of youth suicide.
The conference agreement provides $2,000,000, rather than
$4,500,000 as proposed by the Senate, to make grants to local
educational systems or non-profit entities in conjunction with
local educational systems to further test the use and identify
evidence-based practices for facilitating treatment for
teenagers suffering from mental, emotional or behavioral
disorders. The House did not propose funding for these grants.
The conference agreement provides $2,000,000 to continue
the current level of funding for the consumer and consumer-
supported national technical assistance centers as proposed by
the Senate. The conferees direct the center for mental health
services to support multi-year grants to fund five such
national technical assistance centers.
The conference agreement provides $5,000,000 for the
elderly treatment and outreach program as proposed by the
Senate rather than $4,970,000 as proposed by the House.
As proposed by the Senate, the conference agreement
provides $7,000,000 for the jail diversion program instead of
$6,959,000 as proposed by the House.
The conference agreement includes $4,000,000 for the
minority fellowship program rather than $5,320,000 as proposed
by the House.
The conferees include the following amounts for the
following projects and activities in fiscal year 2005:
AgriWellness, Inc. in Harlan, IA to support the Sowing
the Seeds of Hope rural mental health project....... $50,000
Allegheny County, Pittsburgh, PA for adolescent mental
health services..................................... 100,000
Arc of Lackawanna County, Scranton, PA for mental health
services............................................ 100,000
Center for Multicultural Human Services, Falls Church,
VA for mental health and related services to at-risk
immigrant and refugee families...................... 100,000
Children's Aid and Family Services, Paramus, NJ to
develop and implement a Clinical Excellence
Institute to provide training for children's
services staff...................................... 150,000
Citizens Acting Together Can Help, Inc. (CATCH),
Philadelphia, PA for mental health services......... 75,000
City of Denver, CO Department of Health and Human
Services for mental health services to homeless and
at-risk youth....................................... 250,000
Community Counseling Center, Portland, ME for services
for adults and children who have experienced
emotional trauma.................................... 300,000
DeKalb Crisis Center, Decatur, GA for mobile mental
health outreach, assessment and intervention
services............................................ 150,000
El Monte Police Department, El Monte, CA, for youth
violence prevention................................. 200,000
Family Communications, Inc. in Pittsburgh, PA for the
Managing Anger, Promoting Safety (MAPS) project with
a focus on childcare settings in underserved
communities in Mississippi.......................... 100,000
Family Communications, Pittsburgh, PA for an
antiviolence program entitled the National Project
Managing Anger, Promoting Safety.................... 100,000
Family Support Systems Unlimited, Inc., Bronx, NY for
mental health services.............................. 200,000
Holy Family Institute, Pittsburgh, PA to expand mental
health services..................................... 100,000
Horizon Health Care in Howard, South Dakota for mental
health services at the Community Health Center in
Martin, South Dakota................................ 150,000
Horizon House, Philadelphia, PA for mental health and
substance abuse treatment services.................. 75,000
Illinois Collaboration on Youth/Youth Network Council,
Chicago, IL to increase access to mental health
services for young people involved in the juvenile
justice system...................................... 1,200,000
Jewish Association for Residential Care, Farmington
Hills, MI--mental health support services and long-
term case management for adults with developmental
disabilities........................................ 425,000
Keifer Mercy Health Center, Springfield, OH to provide
Multisystemic Therapy in a school/home-based
environment for high-risk youth..................... 200,000
Lane County, OR for mental health services for youth.... 225,000
Mattie Rhodes Center, Kansas City, MO for mental health,
family counseling and related services.............. 250,000
Mental Health Association of Tarrant County, Fort Worth,
TX--School Mental Health Education Program.......... 200,000
Middlecreek Area Community Center, Beaver Springs, PA
for adolescent mental health programs............... 75,000
National Center for Children Exposed to Violence, Yale
University Child Study Center, New Haven, CT for
training, technical assistance, consultation and
other services relating to the effects of violence
on children......................................... 500,000
Noah's Ark--A Safe Place, Inc., for mental and emotional
counseling for young men in several Pennsylvania
counties............................................ 150,000
Northwestern Human Services, Lafayette Hill, PA to
implement their ``Building Bridges for Girls''
Residential Program''............................... 150,000
Ohel Children's Home and Family Services, Brooklyn, NY
for adult mental health services.................... 300,000
Ohio Department of Mental Health, Columbus, OH--Ohio
Mental Health Network for School Success............ 250,000
Oklahoma Department of Mental Health and Substance Abuse
Services, Oklahoma City for implementation of a
cross-training initiative for mental health,
substance abuse and domestic violence professionals. 200,000
Oregon Partnership, Portland, OR to implement the Oregon
Youth Suicide Prevention Program.................... 100,000
Pacific Clinics, Arcadia, CA for mental health and
suicide prevention programs for Latina youth........ 500,000
Pennsylvania Psychological Association, Harrisburg, PA
for a mental health/primary care collaborative care
project directed by the Geisinger Health System..... 25,000
Potter County Human Services, Roulette, PA to continue
and enhance Yellow Ribbon youth suicide prevention
efforts begun in 2003 and continued in 2004, in the
rural community..................................... 100,000
Saint Boniface Neighborhood Outreach Program, Inc.,
Louisville, KY, for Phases II and III of a prisoner
re-entry program.................................... 100,000
San Diego Lesbian, Gay, Bisexual and Transgender
Community Center, San Diego, CA for mental health
services............................................ 80,000
San Francisco Department of Public Health, San
Francisco, CA for mental health and substance abuse
services for homeless persons in supportive housing. 1,500,000
Screening for Mental Health, Inc., Loveland, OH for the
SOS High School Suicide Prevention Program.......... 100,000
Senior Community Centers, San Diego, CA for mental
health and related services in their supportive
housing program..................................... 100,000
State of Alaska Department of Health and Social
Services, Division of Behavioral Health, Juneau, AK
for the Targeted Gatekeeper Suicide Prevention
Training and Public Education Program............... 250,000
Tanana Chiefs Conference, in partnership with Fairbanks
Native Association and the University of Alaska/
Fairbanks, to treat behavioral health problems of
children throughout Interior Alaska................. 750,000
Task Force on Family Violence of Milwaukee, Inc in
Milwaukee, WI to provide mental health services for
children who have experienced or witnessed domestic
violence............................................ 70,000
United Way of Anchorage, AK for its 211 Project to
develop an integrated system of resources for people
with substance abuse, mental illness and
homelessness........................................ 600,000
University of South Florida, Louis de la Parte Florida
Mental Health Institute, Tampa, FL to close the
knowledge/practice gap in mental health and
substance abuse programs............................ 500,000
Ventura County Probation Agency, Ventura, CA for the
Emotionally Challenged Juvenile Offender
Intervention Program................................ 300,000
Wisconsin Department of Agriculture, Trade and Consumer
Protection in Madison, WI for the Sowing the Seeds
of Hope rural mental health project................. 50,000
YWCA of Carlisle, Carlisle, PA to provide sexual assault
counseling.......................................... 25,000
The conference agreement includes $436,070,000 for the
mental health block grant, which includes $21,803,000 from the
evaluation set-aside, the same numbers as proposed by both the
House and the Senate.
The conference agreement includes $34,620,000 for the
protection and advocacy for individuals with mental illness
program as proposed by the Senate instead of $36,000,000 as
proposed by the House. The conferees intend that technical
assistance be provided through a competitive multiyear grant
with a national nonprofit organization that has the
demonstrated capacity to carry out these activities. The
conferees intend that the technical assistance be responsive to
requests from the protection and advocacy network, based on the
identified needs of individuals with mental illness and do not
intend that technical assistance funds be used for
administrative responsibilities of the agency administering the
programs.
CENTER FOR SUBSTANCE ABUSE TREATMENT
The conference agreement includes $425,946,000 for
programs of regional and national significance, which includes
$4,300,000 from the evaluation set-aside, instead of
$419,219,000 as proposed by the House and $424,017,000 as
proposed by the Senate. Both the House and Senate bills
included the evaluation set-aside at $4,300,000.
Within funds provided, $100,000,000 is for the access to
recovery program as proposed by both the House and the Senate.
The conferees expect that addictive disorder clinical treatment
providers participating in the access to recovery program, as
well as their respective staff, shall meet the certification,
accreditation, and/or licensing standards recognized in their
respective States.
The conference agreement provides $10,000,000 for
treatment programs for pregnant, postpartum and residential
women and their children as proposed by the Senate. Within
these funds, no less than last year's level shall be used for
the residential treatment program for pregnant and postpartum
women, authorized under section 508 of the Public Health
Service Act.
The conferees include the following amounts for the
following projects and activities in fiscal year 2005:
Akeela, Inc., in Anchorage, AK to continue its Re-Entry
Program for newly released prisoners with substance
abuse problems...................................... $200,000
Augsburg College, Minneapolis, MN for the StepUP Program
to assist students in recovery from chemical
dependency.......................................... 200,000
Baltimore City, MD for drug treatment services.......... 250,000
City of Jackson, TN for substance abuse prevention and
treatment services.................................. 240,000
City of Wrangell in Wrangell, AK for its Avenues Program
to provide comprehensive substance abuse treatment.. 100,000
Community Rehabilitation Center, Jacksonville, FL for
services for people with co-occurring mental health
and substance abuse disorders....................... 300,000
Cook Inlet Council on Alcohol and Drug Abuse in Kenai,
Alaska for treatment of women and children with
substance abuse problems on the Kenai Peninsula..... 200,000
Cullman Area Mental Health, Cullman, AL, for a substance
abuse program....................................... 20,000
Doe Fund, Inc., Philadelphia, PA to provide substance
abuse treatment services............................ 100,000
Fairbanks Memorial Hospital, Alaska for the Fairbanks
Community Initiative for Chronic Inebriates......... 500,000
Fairbanks Native Association in Fairbanks, AK for
treatment programs at the Ralph Perdue Center....... 500,000
Fenway Community Health Center, Boston, MA, to provide
services to low-income HIV and AIDS patients........ 150,000
Fighting Back Partnership, Vallejo, CA for an
intervention, treatment and aftercare program for
students identified with drug and alcohol use....... 250,000
Florida Certification Board, Tallahassee, FL--Florida
Center for Prevention Workforce Development......... 400,000
Gavin Foundation, South Boston, MA for substance abuse
treatment services at its Cushing House facility for
adolescents......................................... 300,000
Hitchcock Center for Women, Cleveland, OH for substance
abuse treatment and related services................ 100,000
Jefferson County Medical Society Outreach Program, Inc.,
(The Healing Place) Louisville, KY--Women's Recovery
Program............................................. 200,000
Mental Health Systems, Inc., Family Recovery Center,
Oceanside, CA, to enhance and expand substance abuse
treatment services for women at-risk for HIV........ 50,000
Mountain Lakes Behavioral Healthcare, Guntersville, AL
for co-occurring disorder treatment................. 20,000
ODAAT, Inc., Philadelphia, PA to expand mental and
behavioral health services to disadvantaged drug
addicted populations................................ 200,000
Ramsey County, MN, for the All Children Excel Program... 667,000
Saint Barnabus on the Lake Drug and Alcohol Rehab
Center, Erie, PA to implement a faith-based drug and
alcohol rehabilitation program for males 18 and
older............................................... 25,000
Salvation Army of Anchorage to support detox programs at
the Clitheroe Center in Anchorage, AK............... 500,000
SBH Community Services, Brooklyn, NY, for an Addictive
Behavior/Family Preservation Program................ 100,000
South Dakota Division of Alcohol and Drug Abuse, Pierre,
SD for treatment services for methamphetamine
addiction and co-occurring mental health and
substance abuse disorders........................... 700,000
Teen Challenge of Rehrersburg, PA to establish a
transitional rehabilitation program for recovering
drug and alcohol addicts............................ 100,000
WestCare Kentucky, Inc., Pikesville, KY for a
comprehensive substance abuse treatment service
system pending receipt of state licensure........... 750,000
Wyoming Substance Abuse Treatment and Recovery Center,
Sheridan, WY to expand residential treatment
services............................................ 1,100,000
The conference agreement includes $1,789,235,000 for the
substance abuse prevention and treatment block grant, of which
$1,710,035,000 is budget authority and $79,200,000 is provided
through evaluation set-aside. These are the same numbers as
proposed by the House. The Senate bill had proposed
$1,832,235,000 with the same evaluation set-aside.
CENTER FOR SUBSTANCE ABUSE PREVENTION
The conference agreement includes $200,428,000 for
programs of regional and national significance instead of
$200,000,000 as proposed by the House and $198,940,000 as
proposed by the Senate.
Included in the conference agreement is $10,000,000 for
fetal alcohol syndrome/fetal alcohol effect (FAS/FAE)
prevention and treatment programs, with an emphasis on teenage
mothers instead of $11,000,000 as proposed by the Senate.
The conferees expect States receiving funding under the
strategic prevention framework State incentive grant to give
priority in the use of the 20 percent prevention set-aside in
the substance abuse prevention and treatment block grant to
funding the specific priorities in the comprehensive community
strategies developed by the communities in their States.
The conferees include the following amounts for the
following projects and activities in fiscal year 2005:
ALERT Partnership, Allentown, PA for a substance abuse
prevention program.................................. $25,000
Alliance for Consumer Education (ACE), in cooperation
with the Pennsylvania School Counselors Association,
to provide parents and counselors with prevention
information about inhalant abuse.................... 100,000
Boys and Girls Club of Erie, Erie, PA to implement the
SMART Moves prevention program...................... 50,000
C.B. Johnson Campaign for a Drug Free Westside, Chicago,
IL for substance abuse prevention and treatment
services............................................ 340,000
Centre County, PA, to implement, in coordination with
Clinton County, educational programming targeting
the prevention of drug use by students.............. 200,000
Clinton County Communities That Care, Lock Haven, PA for
a prevention program to identify and reduce risk
factors leading to juvenile delinquency............. 100,000
CODAC Behavioral Healthcare, Cranston, RI to reduce
substance abuse and violence with troubled students. 100,000
Community Health Center on the Big Island of Hawaii for
Youth Anti-Drug Program............................. 250,000
Community Prevention Partnership of Berks County,
Reading, PA to implement the Grandparents Raising
Resilient Youth program............................. 25,000
Community Services for Children, Allentown, PA for a
substance abuse prevention program.................. 100,000
Corporate Alliance for Drug Education, Bala Cynwyd, PA
for an elementary school-based prevention program to
teach children to reject substance abuse and
violence while helping them to identify positive
alternatives to harmful situations.................. 250,000
Drug Free Pennsylvania, Harrisburg, PA to implement a
drug-free workplace training program................ 50,000
Institute for Research, Education & Training in
Addictions (IRETA), Pittsburgh, PA to implement
substance abuse prevention programs................. 200,000
Institute for the Study and Practice of Nonviolence,
Providence, RI for the Streetworkers Program to
reduce youth substance abuse and violence........... 100,000
Life Haven, Inc., New Haven, CT for services to promote
resilience for homeless and other at-risk children.. 200,000
NAIVE Program, Langhorne, PA, to provide drug prevention
programs for students and teachers.................. 25,000
Ohio Association of Alcoholism and Drug Abuse
Counselors, Worthington, OH--expansion of the Ohio
Alcohol and Other Drug Workforce Resource Center.... 100,000
South Boston Community Health Center, South Boston, MA
for substance abuse prevention services............. 340,000
Strength Incorporated, Wilkinsburg, PA, for a drug and
alcohol prevention program that provides individuals
with life skills.................................... 100,000
Sunshine Center, Port Jefferson Station, NY for
substance abuse and violence prevention services for
children and families............................... 100,000
Susan P. Byrnes Health Education Center, Inc., York, PA,
for a tobacco education program in schools and
community organizations............................. 230,000
University of South Dakota School of Medicine Center for
Disabilities in Sioux Falls, South Dakota to
continue the work of the Consortium on Fetal Alcohol
Syndrome............................................ 350,000
Warren County Department of Human Services, Warren, PA
for outreach and training for substance abuse
prevention programs................................. 25,000
Youth in Action, Providence, RI for a teen substance
abuse reduction program............................. 50,000
PROGRAM MANAGEMENT
The conference agreement includes $94,455,000 for program
management, of which $18,000,000 is provided through the
evaluation set-aside, the same as proposed by the Senate. The
House bill had proposed $92,455,000 with a $16,000,000
evaluation set-aside.
Within the total, $2,000,000 is included, as proposed by
the Senate, to establish surveillance measures to address the
mental and behavioral health needs of the population of the
United States. The House did not include funding for this
program.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
The conference agreement includes $318,695,000 as
proposed by the Senate instead of $303,695,000 as proposed by
the House. The agreement makes these funds available through
the policy evaluation set-aside, as proposed by both House and
Senate.
The conferees provide $15,000,000 within this total for
clinical effectiveness research as proposed by the Senate. The
House did not have a similar provision.
The conferees are aware of the use of home health
monitoring devices that guide patients and their physicians in
managing chronic diseases, thereby avoiding rehospitalization
and emergency room visits. The conferees encourage AHRQ to
study the effectiveness of programs using these devices with
patients suffering from chronic illnesses, compare monitored
patients with non-monitored patients taking into account the
number of hospitalizations, and quantify any overall cost
reductions resulting from these programs.
Centers for Medicare and Medicaid Services
PROGRAM MANAGEMENT
The conference agreement includes $2,696,402,000 for
program management instead of $2,746,253,000 as proposed by the
House and $2,756,644,000 as proposed by the Senate. An
additional appropriation of $720,000,000 has been provided for
the Medicare Integrity Program through the Health Insurance
Portability and Accountability Act of 1996. The conference
agreement does not include language included in the House bill
that would have reduced Program Management by a total of
$12,500,000.
The conference agreement includes $78,119,000 for
research, demonstration, and evaluation instead of $68,400,000
as proposed by the House and $77,791,000 as proposed by the
Senate. Within the total provided, the conference agreement
provides $40,000,000 for Real Choice Systems Change Grants to
States.
The conferees are pleased with the demonstration project
at participating sites licensed by the Program for Reversing
Heart Disease and encourage its continuation. The conferees
further urge CMS to continue the demonstration project being
conducted at the Mind Body Institute of Boston, Massachusetts.
The conferees urge CMS to continue its research activities
targeted towards ensuring culturally sensitive health care for
American Samoans.
The agreement includes bill language for the following
projects and activities for fiscal year 2005:
Advocate Metro Outreach Initiative, Oak Brook, to
implement an initiative to provide comprehensive
health education and services to the deaf and hard-
of-hearing community................................ $100,000
African American Interdenominational Ministries, Inc.,
Philadelphia, PA to implement an insurance outreach
program............................................. 150,000
AIDS Healthcare Foundation, Los Angeles, CA for a
demonstration of residential and outpatient
treatment facilities................................ 1,900,000
Bronx-Lebanon Hospital Center, Bronx, NY for a
comprehensive adolescent and young adult health
program to demonstrate means of improving health
care and preventive services for underserved inner
city teenagers and young adults..................... 450,000
Children's Institute for Palliative Care, Children's
Hospitals and Clinics, Minneapolis, MN for a
pediatric palliative care demonstration program..... 300,000
City of Detroit, MI for a project to improve access to
primary care and preventive health services for low-
income and uninsured persons........................ 600,000
Community Catalyst, Inc., Boston, MA, for the expansion
of a benefits management program.................... 100,000
Cook County Bureau of Health Services in Chicago, IL for
the Antibiotic Resistance Program................... 150,000
Donald R. Watkins Memorial Foundation, Houston, TX, for
a comprehensive HIV/AIDS treatment and research
demonstration program............................... 340,000
Focus on Therapeutic Outcomes, Inc., Knoxville, TN...... 100,000
Hamot Medical Center, Erie, PA and the Ohio Health
System, Columbus, OH to implement a demonstration
project on the Medicare Advantage program........... 250,000
HealthRight, Inc., Philadelphia, PA for their Care
Access Program...................................... 25,000
Inglis Foundation, Philadelphia, PA for healthcare and
social services for low-income adults with severe
physical disabilities in an effort to promote
independent living.................................. 75,000
Medical Care for Children Partnership, Fairfax, VA for
access to specialty health care for children who
have serious medical needs.......................... 50,000
Memphis Biotech Foundation in Memphis, Tennessee to
develop a biologistics network in Mississippi and
Tennessee........................................... 500,000
Muskegon Community Health Project, Muskegon, MI for the
Access Health Program............................... 225,000
Our House of Portland, Portland, OR, to develop a Care
Program for people living with AIDS................. 30,000
Pace Vermont, Burlington, VT, for the Rural Program for
All-inclusive Care for the Elderly.................. 750,000
Patient Advocate Foundation, Newport News, Virginia, to
assist the PAF in serving patients experiencing
difficulty accessing quality health care services... 150,000
Puerto Rico's Governor's Office of Elderly Affairs for
the Medication Error Prevention Pilot Program....... 450,000
San Francisco Department of Public Health, San
Francisco, CA for a demonstration project to improve
HIV/AIDS treatment and prevention services.......... 1,500,000
Santa Clara County, CA for outreach and enrollment
assistance activities of the Children's Health
Initiative.......................................... 300,000
Susquehanna Health System, Williamsport, PA for
stabilizing workforce for patient care.............. 500,000
Swope Health Services, Kansas City, MO to supplement
recurring healthcare costs for underemployed,
uninsured, and income-qualified patients in
Wyandotte and Johnson Counties, KS.................. 500,000
Temple University, Crime and Justice Research Center,
Philadelphia, PA for DNA backlog and utilization.... 100,000
University of Maine, Partnership for Early Childhood
Health & Services................................... 250,000
The conference agreement includes $1,746,879,000 for
Medicare operations instead of $1,796,879,000 as proposed by
the Senate and $1,793,879,000 as proposed by the House. The
conference agreement does not include the $155,000,000
reduction to Medicare operations included in general provision
217 of the House bill.
The conference agreement includes bill language
identifying not less than $79,000,000 for processing Medicare
appeals. The House and Senate bills had similar language, which
also provided for a transfer of $50,000,000 to the Social
Security Administration for processing appeals. The conference
agreement provides the funding for SSA through the General
Departmental Management account.
The conference agreement includes bill language proposed
by the Senate making up to an additional $18,000,000 available
to CMS for Medicare claims processing if unit costs of claims
exceed particular thresholds. The House bill did not contain
similar language.
The conference agreement provides $3,000,000 within
Medicare operations to support Benefit Improvement and
Protection Act of 2000 (BIPA) section 522 activities, as
proposed by the Senate. The House proposed that these
activities be supported through Federal administration.
The conferees concur with language in the Senate report
regarding funding for the State health insurance counseling
program. The House report did not have similar language.
The conference agreement provides $586,182,000 for
Federal administration instead of $589,182,000 as proposed by
the House and $587,182,000 as proposed by the Senate.
The conference agreement includes bill language making
funds available for the Healthy Start, Grow Smart program. The
Senate had proposed similar bill language; the House report
contained similar language.
The conference agreement does not provide $1,000,000 for
an Institute of Medicine study of the Medicare 75 percent rule
as proposed by the Senate. The House did not have a similar
provision.
The conferees are aware that the funding provided by
section 508 of the Medicare Modernization Act was inadequate to
fully fund all of the hospitals that qualified for
reclassification under this section. The conferees are
concerned that inadequate funding under this provision has
adversely affected patient access to care. Therefore, the
conferees request that CMS submit a report with the following
information: the number of hospitals that qualified for funding
under section 508; the number of hospitals that qualified but
received no funding under this provision; and a cost estimate,
by year, of the amount needed to fully fund these hospitals
over the next three years. The conferees request that this
report be submitted to the Senate and House Appropriations
Committees no later than 90 days after enactment of this Act.
The conferees are concerned that phase-in of Medicare
Part D may result in significant increases in out-of-pocket
costs to Medicare enrollees with HIV/AIDS who now rely on
Medicaid for their prescription medications, as well as to the
state AIDS Drug Assistance Programs (ADAP). The inability of
enrollees with chronic and costly medical conditions such as
HIV/AIDS to pay such increased expenses and the inability for
the ADAPs to meet increased costs may harm the public health.
The conferees request CMS to report within 160 days the
potential impact to dual-eligibles as well as to outline
measures it will take to protect the public health.
The conferees are aware of changes being developed by CMS
to alter the Medicare coverage policy for power mobility
devices and strongly encourage CMS to use its resources to
develop a coverage policy firmly based on a functional standard
of nonambulatory. The conferees support controlling fraud and
abuse through requiring the proper substantiation of medical
need without narrowing the definition of ``nonambulatory'' to
exclude beneficiaries who have a medical need for it. The
conferees have heard from beneficiaries organizations' that the
``in the home'' rule often denies beneficiaries access to
medically necessary wheelchairs they need to move about their
home, community and in some instances, to return to work. The
conferees would like CMS' views on what steps can be taken to
modify this rule in a manner that enhances the independence of
beneficiaries with disabilities of all ages, while being cost
effective and providing for effective safeguards against fraud
and abuse. Finally, the conferees believe that the medically
necessary application of this benefit can save Medicare money
through avoiding expensive institutional care or
hospitalization resulting from falls by the growing elderly
population and beneficiaries with disabilities under age 65.
The conferees recognize the Hawaii Health Systems
Corporation's success in responding to the healthcare needs of
the State of Hawaii. The conferees encourage CMS to recognize
the special consideration a unique island state requires when
calculating population density requirements.
The conferees encourage CMS to exclude blood clotting
factors from the definition of ``competitively biddable drugs
and biologicals'' in section 1847A(a)(2)(A) of the Social
Security Act. Individuals with hemophilia and other bleeding
disorders are dependent upon lifesaving blood clotting factors
and need unfettered access to sustain life.
The conferees encourage CMS to provide technical
assistance to the Commonwealth of Puerto Rico to help it to
compete successfully for Real Choice Systems Change grants.
To build on the Department of Labor Office of Disability
Employment Policy's (ODEP) efforts to increase telework
opportunities in the federal government, the conferees direct
that $1,000,000 be transferred from ODEP to the Centers for
Medicare and Medicaid Services (CMS) to build on a previous
pilot between ODEP and CMS.
The conferees are pleased that CMS has piloted the
performance of CMS call center work by individuals with severe
disabilities working from home-based workstations. This model
has the potential to be expanded within CMS and replicated
outside of CMS by government agencies and others interested in
following CMS's lead.
The conference agreement provides such transfer to expand
and refine the existing CMS model in conjunction with National
Telecommuting Institute, Inc., as well as disseminate
information about this telework model to other agencies.
Administration for Children and Families
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT
PROGRAMS
The conference agreement provides $2,873,802,000 for
payments to States for child support enforcement and family
support programs, the same as both the House and Senate.
LOW-INCOME HOME ENERGY ASSISTANCE
The conference agreement provides $2,200,000,000 for low-
income home energy assistance rather than $2,249,000,000 as
proposed by the House and $2,000,500,000 as proposed by the
Senate. Of the amount provided $1,900,000,000 is provided for
formula grants to States. The House bill had proposed
$1,911,000,000 for State formula grants and the Senate bill
proposed $1,901,090,000. Within the funds available,
$27,500,000 is included for the leveraging incentive fund as
proposed by the Senate.
The conference agreement includes $300,000,000 for the
emergency fund to meet the additional home energy assistance
needs arising from a natural disaster or other emergency
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House by H. Res. 649 (108th Congress)
and applicable to the Senate by section 14007 of Public Law
108-287. The House bill proposed $100,000,000 and the Senate
bill proposed $99,410,000 for the contingent emergency fund,
but neither bill designated funds as an emergency.
The conference agreement does not include funding for the
Department of Energy's weatherization assistance program in
this title. The House bill proposed $238,000,000 for this
program while the Senate bill included funding for this program
in the Interior and Related Agencies Appropriations bill.
Funding for this program is provided in Division J.
REFUGEE AND ENTRANT ASSISTANCE
The conference agreement includes $488,336,000 for the
refugee and entrant assistance programs rather than
$491,336,000 as proposed by the House and $477,239,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conference agreement provides $166,218,000 for social
services, the same level as proposed in the House bill. The
Senate had proposed $155,121,000 for this program. Within the
funds provided, the conference agreement includes $19,000,000
as outlined in the House report. The conferees intend that
funds provided above the request for social services shall be
used for refugee school impact grants and for additional
assistance in resettling and meeting the needs of the Hmong and
Somali Bantu refugees expected to arrive during 2004 and 2005.
The conferees also urge the Office of Refugee Resettlement to
continue supporting discretionary grant activities, such as the
individual development accounts, community service employment,
and elderly refugee programs, to the extent they have been
successful in integrating refugees into society and promoting
their self sufficiency.
The conference agreement provides $54,229,000 for the
unaccompanied minors program, the same level as proposed by
both the House and Senate. The conferees intend that the funds
provided by this appropriation be used, in part, to increase
the number of field coordinators in the program and to ensure
increased capacity at the field level for the assessment of
placements and family reunification and to continue
improvements in the provision of healthcare, including mental
health care, to children in the program.
The conference agreement provides $10,000,000 for the
victims of torture program as proposed by the Senate. The House
bill had included $13,000,000 for this program.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
The conference agreement includes $2,099,729,000 for the
child care and development block grant, the same level as both
the House and Senate bills. Included in the bill is $10,000,000
within the total funds provided, for child care research,
demonstration, and evaluation activities as proposed by the
Senate. The House bill had included $9,864,000 for these
activities.
SOCIAL SERVICES BLOCK GRANT
The conference agreement provides $1,700,000,000 for the
social services block grant, the same level as proposed in both
the House and Senate bills. The conference agreement provides
10 percent transfer authority from the temporary assistance for
needy families program (TANF) to the social services block
grant as proposed by the Senate. The House bill had proposed
4.5 percent transferability.
CHILDREN AND FAMILIES SERVICES PROGRAMS
The conference agreement includes $9,080,353,000 for
children and families services programs, of which $10,500,000
is provided through the evaluation set-aside. The House bill
proposed $8,996,145,000 for these programs with $10,482,000
from the evaluation set-aside and the Senate proposed
$9,104,646,000 with $10,500,000 from the evaluation set-aside.
The detailed table at the end of this joint statement reflects
the activity distribution agreed to by the conferees.
Head Start
The conference agreement includes $6,898,580,000 for Head
Start as proposed by the House instead of $6,935,452,000 as
proposed by the Senate. The agreement includes $1,400,000,000
in advance funding, the same level as proposed by both the
House and Senate.
The conference agreement also includes, as a general
provision, a limitation against the use of funds for Head Start
to pay the compensation of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess
of Executive Level II, as proposed by the House.
Consolidated Runaway and Homeless Youth Program
The conference agreement includes $89,447,000 for the
consolidated runaway and homeless youth program, the same level
as proposed by the House, rather than $95,000,000 as proposed
by the Senate.
Prevention Grants to Reduce Abuse of Runaway Youth
The conference agreement includes $15,302,000 for
prevention grants to reduce abuse of runaway youth as proposed
by the House. The Senate bill had proposed $15,802,000 for
these grants.
Child Abuse State Grants and Discretionary Activities
The conference agreement includes $27,500,000 for child
abuse State grants as proposed by the Senate instead of
$28,484,000 as proposed by the House.
The conference agreement includes $31,912,000 for child
abuse discretionary programs instead of $26,266,000 as proposed
by the House and $34,386,000 as proposed by the Senate. Within
the funds provided for child abuse discretionary activities,
the agreement includes the following items:
AGAPE of Central Alabama, Inc., Montgomery, AL, to
recruit and train families to foster at-risk
children and to expand education and intervention
services to pregnant women in crisis................ $25,000
Alameda County Social Services Agency, Oakland, CA for
the Another Road to Safety early intervention and
prevention program.................................. 650,000
Catholic Community Services of Juneau, AK to continue
operations at its Family Resource Center for child
abuse prevention and treatment...................... 400,000
Children's Home & Aid Society of Illinois, Chicago, IL--
Child Abuse Prevention Project...................... 171,000
Children's Hospital Foundation, Columbus, OH for the
Center for Child and Family Advocacy................ 400,000
Children's Resource Center, Harrisburg, PA for training,
education and services related to child abuse
prevention and treatment............................ 100,000
Columbus Children's Hospital Center for Child and Family
Advocacy, Columbus, OH, for expansion and research.. 450,000
Crisis Shelter of Lawrence County, New Castle, PA for
anti-domestic violence program...................... 100,000
Domestic Violence HELP, Pittsburgh, PA, to undertake a
study of the prevalence and incidence of domestic
violence in select clinic populations in Western PA. 100,000
Family Violence Prevention Fund, San Francisco, CA for
family violence prevention programs for children,
youth and young families through its International
Center to End Violence.............................. 500,000
Forrest County and Youth Court, Hattiesburg, MS to
improve child welfare outcomes for infants and
toddlers............................................ 100,000
James Whitcomb Riley Hospital for Children,
Indianapolis, IN, for the Child Abuse Program....... 25,000
Jefferson County Colorado, Golden, CO to re-engineer its
child welfare system................................ 200,000
Lake Erie Research Institute, Inc., (LERI) Girard, PA
for their Child Abuse Prevention program............ 25,000
Missouri Bootheel Regional Consortium, Inc., Sikeston,
MO, for the Fatherhood First project................ 400,000
Northern Virginia Family Service, Oakton, VA, for the
Healthy Families Fairfax program.................... 75,000
State of Alaska Department of Health and Social
Services, Office of Children's Services to continue
its Healthy Families Alaska home visitation program. 1,750,000
Stop It Now!, Philadelphia, PA to expand their public
education campaign on child abuse................... 25,000
Synergy Services, Inc., Parkville, MO, to expand
treatment for children suffering from Attachment
Disorders caused by neglect, child abuse, post
traumatic stress disorder and secondary trauma
associated with domestic violence, household
disruption, and distant parenting................... 100,000
YMCA Youth and Family Services, San Diego, CA, to
provide safe shelter and supportive services to
young homeless women................................ 50,000
Abandoned Infants Assistance
The conference agreement provides $12,052,000 for the
abandoned infants assistance program, the same level as
proposed by the Senate. The House bill had proposed $12,086,000
for this program.
Adoption Awareness
The conference agreement includes $12,906,000 for the
adoption awareness program as proposed by both the House and
the Senate. Within the funds provided, $9,906,000 is for the
infant adoption awareness training program and $3,000,000 is
for the special needs adoption campaign.
Compassion Capital Fund
The conference agreement includes $55,000,000 for the
compassion capital fund as proposed by the House, instead of
$47,702,000 as proposed by the Senate.
Social Services and Income Maintenance Research
The conference agreement includes $32,229,000 for social
services and income maintenance research, of which $6,000,000
is provided through the evaluation set-aside. The House
proposed $5,982,000 for this program entirely funded through
the evaluation set-aside and the Senate proposed $19,168,000,
of which $6,000,000 was from the evaluation set-aside.
The conferees note that efforts undertaken through the
State information technology consortium have led to greatly
improved systems communications and compliance in both the TANF
and child support enforcement (CSE) programs. For TANF, the
conferees have provided $2,000,000 to permit States to utilize
uniquely designed web-based technology to improve benefit
delivery and fulfill new Federal reporting requirements. For
CSE, the conferees have provided $3,000,000 to continue the
consortium's efforts to improve data exchange between CSE and
the courts in ways that will significantly reduce the time lag
between court orders and enforcement/collections activities.
The conferees also provide sufficient funding for the
following:
A+ for Abstinence, Waynesboro, PA for abstinence
education and related services...................... $45,000
AIDSCARE, Inc., Chicago, IL for social services and
related programs at its facilities for people living
with AIDS........................................... 250,000
Americana Community Center, Inc., Louisville, KY, for
community involvement training...................... 19,000
Andrus Children's Center, Yonkers, NY for the Yonkers
Early Childhood Initiative.......................... 50,000
Anna Maria College, Paxton, MA, for program development
at the Molly Bish Center for the Protection of
Children and the Elderly............................ 100,000
Annandale Christian Community for Action, Annandale,
VA--Child Development Center........................ 50,000
Arrowhead Economic Opportunity Agency, Inc., Virginia,
MN for the Family to Family community-based
mentoring program to assist low-income families..... 600,000
Atlanta Interfaith AIDS Network, Atlanta, GA for the
Common Ground day program for adults living with
HIV/AIDS............................................ 40,000
Best Friends and Best Men Program at the Indian River
School District, Sebastian, FL...................... 50,000
Birth Choice Pregnancy Centers, Mission Viejo, CA to
support counseling and medical services at three
pregnancy centers in Orange County, CA.............. 150,000
Breakaway Ministries, Gadsden, AL, for the Silver Ring
Thing Program for abstinence education and related
services............................................ 80,000
Catholic Social Services, The Bridge, Wilkes Barre, PA
for abstinence education and related services....... 46,000
Cesar Chavez Center, Davenport, IA to assist the
Hispanic community in accessing social services and
community resources................................. 100,000
Child and Family Network Centers, Alexandria, VA--First
Step Program........................................ 250,000
Children's Home Society of Idaho, Boise, ID--Idaho
Children's Home..................................... 200,000
Children's Rights Council, Inc., Hyattsville, MD, for
Safe Haven Access sites in Stark County, Ohio....... 75,000
ChildServ, Chicago, IL--Family Service Center in Lake
County.............................................. 500,000
Christian Family Ministries, Inc., Joliet, IL--Lamb's
Fold Women's Center................................. 50,000
City Connect Detroit, Detroit, MI for the Detroit Data
Partnership, for data collection and integration and
development of data sharing partnerships to support
design, implementation and measurement of social and
economic development programs....................... 200,000
City of Chester, Bureau of Health, SABER Project,
Chester, PA for abstinence education and related
services............................................ 105,000
Coalition to End Family Violence, Oxnard, CA for family
violence prevention and treatment and other social
services for youth and families..................... 200,000
Community Empowerment Association, Pittsburgh, PA to
provide community re-entry programs................. 100,000
Community Options, Inc., Princeton, NJ, for the Dr. York
Development Project................................. 90,000
Community Services of Stark County, Inc., Canton, OH--
``Stark STRONG'' (Stark Standing Together Reaching
Ohio's New Generations)............................. 300,000
Concerned Citizens Community Creation Center,
Pittsburgh, PA for education, counseling, crisis
intervention and other services for at-risk families 240,000
Connecticut Council of Family Service Agencies,
Wethersfield, CT for the Empowering People for
Success welfare-to-work initiative.................. 400,000
Covenant House Alaska to expand services to runaway and
homeless youth in the Anchorage, AK area............ 300,000
Covenant House Pennsylvania, Philadelphia, PA to provide
support services to homeless and runaway youth...... 25,000
Daily Bread, Melbourne, FL to provide nutritional,
mental health and counseling referral services to
the working homeless population..................... 50,000
Darkness to Light in Charleston, SC to develop an online
training and certification program to prevent child
sexual abuse........................................ 450,000
Diakon Lutheran Social Ministries, Mechanicsburg, PA for
abstinence education and related services........... 136,000
Diakon Lutheran Social Ministries, Topton, PA for
abstinence education and related services........... 95,000
East Harlem Building for the Community, Inc., New York,
NY for its Women's Network to provide counseling,
referrals and other services related to domestic
violence............................................ 100,000
Eckerd Youth Alternatives, Clearwater, FL, for
Transition to Independence--An Expansion of a Foster
Care Pilot Demonstration project serving youth aging
out of the foster care system....................... 1,000,000
EDGE Outreach, Louisville, KY, for community outreach
programs at The Mission House....................... 30,000
Family First Support Center, Waukegan, IL--Educational
Assessment Program.................................. 200,000
Food for Life, Glenside, PA to implement a pilot project
to monitor children of prisoners and parolees in PA. 200,000
Fred Leroy Health and Wellness Center, Omaha, Nebraska,
to provide health services to Native Americans in
the Northern Ponca Service Unit..................... 250,000
Friends Association, West Chester, PA, to support
adoption and foster child services.................. 50,000
Generations of Hope, Rantoul, IL--to replicate the
program which is a unique community setting
enriching the lives of foster children and the
elderly by entwining their daily lives.............. 125,000
George Washington Carver Community Center, Project
A.C.E., Norristown, PA for abstinence education and
related services.................................... 86,000
Girl Scout Totem Council in Seattle, WA, to expand the
Fostering A Future program.......................... 100,000
Good News Doctor Foundation and the International Child
Development Resources Center, Inc., Melbourne, FL to
provide care and to develop best practices for
children suffering from autism...................... 150,000
Greater Calvary Community Development Corporation, Erie,
PA for abstinence education and related services.... 50,000
Greater Philadelphia Urban Affairs Coalition,
Philadelphia, PA, to provide housing and mortgage
assistance, as part of an initiative to stabilize a
community........................................... 1,000,000
Growth & Development Services, Inc, New York, NY, for
support services to at-risk families in Hispanic
neighborhoods....................................... 50,000
Guidance Center, project RAPPORT, Ridgeway, PA for
abstinence education and related services........... 74,000
Harbor House of Louisville, Inc., Louisville, KY, for a
Training and Development Center for individuals with
developmental disabilities.......................... 50,000
Heart Beat, Millerstown, PA for abstinence education and
related services.................................... 51,000
Helping Hands Unlimited, Brooklyn, NY for a transitional
supportive housing program for women................ 300,000
HERO Family Resource Center, Greensboro, AL to reduce
and prevent teenage pregnancies through the ``Bright
Beginnings'' program................................ 50,000
Hispanic Counseling Center, Hempstead, NY for domestic
violence prevention and intervention programs....... 140,000
Horizons for Homeless Children, Boston, MA, for
mentoring, educational, and social development
programs............................................ 125,000
Iowa Mentor Center, Sioux City, IA, for programmatic
functions and equipment............................. 30,000
Keystone Central School District, Central Mountain
Middle School East, Mill Hall, PA for abstinence
education and related services...................... 79,000
Keystone Economic Development Corporation, Johnstown, PA
for abstinence education and related services....... 88,000
L.V.C.P.T.P., St Luke's Health Network, CHOICE program,
Bethlehem, PA for abstinence education and related
services............................................ 92,000
Lackawanna Trail School District, Factoryville, PA for
abstinence education and related services........... 74,000
Lady B Ranch, Apple Valley, CA, for a Therapeutic
Horseback Riding Program............................ 150,000
LaSalle University, Philadelphia PA for abstinence
education and related services...................... 112,000
Life House, Duluth, MN for transitional and supportive
housing facilities for youth that are homeless, have
mental health or substance abuse problems or are
otherwise in need of such services.................. 200,000
Mary's Family, Orlean, VA............................... 75,000
Mercy Hospital of Pittsburgh, Pittsburgh, PA for
abstinence education and related services........... 111,000
Monterey County Probation Department, Salinas, CA for a
gang prevention and intervention program............ 1,300,000
National Energy Assistance Directors Association,
Washington, DC for studies regarding low-income home
energy assistance................................... 200,000
Neighborhood United Against Drugs, Philadelphia, PA for
abstinence education and related services........... 136,000
Network for Family Life Education, Piscataway, NJ for
the Teen-to-Teen Education Project to encourage
teens to make responsible choices about sexual
health.............................................. 300,000
New Brighton School District, New Brighton, PA for
abstinence education and related services........... 23,000
Nexus Diversified Community Services in Minneapolis, MN
to treat developmentally delayed adolescent males... 1,000,000
Nueva Esperanza, Philadelphia, PA for abstinence
education and related services...................... 72,000
Ohel Children's Home and Family Services, Brooklyn, NY
for school-based programs to prevent substance
abuse, violence, child abuse and related problems... 340,000
Ohio Educational Television Stations (OETS), Toledo, OH
for the Ohio Cares project.......................... 200,000
Operation Warm, Chadds Ford, PA--Pennsylvania Youth Coat
Distribution Project................................ 125,000
Orange County, Orlando, FL, for Harbor House to provide
services to victims of abusive relationships........ 150,000
Parents Anonymous, Claremont, CA to establish, operate,
publicize and maintain a national parent helpline,
toll free, 24 hours a day, 7 days a week, for
parents throughout the US........................... 32,000
Partners for Healthier Tomorrows, Ephrata, PA for
abstinence education and related services........... 50,000
Partners in Family and Community Development, Athens, PA
for abstinence education and related services....... 72,000
Perseus House, Inc., Erie, PA for abstinence education
and related services................................ 50,000
Potter County Court of Common Pleas, Coudersport, PA to
implement the Youth/Community project to break the
cyclical effect of the dysfunctional family......... 100,000
Potter County Human Services, Roulette, PA for
abstinence education and related services........... 50,000
Providence House, Shreveport, LA--Child Development
Center.............................................. 166,000
Puerto Rico Administration for Children and Families,
San Juan, PR for implementation of automated
information systems for child welfare and other
programs............................................ 600,000
Rape and Victim Assistance Center of Schuykill County,
Pottsville, PA for abstinence education and related
services............................................ 71,000
Real Alternatives, Harrisburg, PA, for counseling and
pregnancy support services.......................... 150,000
Real Commitment, Gettysburg, PA for abstinence education
and related services................................ 82,000
Resources for Human Development, Inc., Philadelphia, PA
to support an outreach project organizing groups
focusing on social services to low-income families.. 25,000
School District of Lancaster, Project IMPACT, Lancaster,
PA for abstinence education and related services.... 101,000
School District of Philadelphia, Philadelphia, PA for
abstinence education and related services........... 102,000
Shaw Jewish Community Center of Akron, OH............... 200,000
Shepherd's Maternity House Inc., East Stroudsburg, PA
for abstinence education and related services....... 50,000
Silver Ring Thing South Carolina, Columbia, SC to
establish an innovative abstinence education program 100,000
Silver Ring Thing, Sewickley, PA for abstinence
education........................................... 75,000
Sisters of Charity Foundation of Canton, OH--Quality
Child Care Initiative............................... 100,000
T.O.P.S. FOR YOU, Inc., Brooklyn, NY for services to
children and families at the Garrity Post Daycare
Center.............................................. 400,000
To Our Children's Future with Health, Inc.,
Philadelphia, PA for abstinence education and
related services.................................... 109,000
Tri County Women's Network, New Carlisle, OH for
programs serving pregnant women in crisis who choose
to keep their babies learn to become self-sufficient 150,000
Tuscarora Intermediate Unit, McVeytown, PA for
abstinence education and related services........... 84,000
Uhlich Children's Advantage Network, Chicago, IL for
programs at its Family Resource Center in Riverdale
to increase self-sufficiency, improve parenting
skills and reduce family violence among teenage and
young adult parents................................. 150,000
United Christian Ministries Inc., Osceola, PA for social
services focusing on homeless families.............. 75,000
Urban Family Council, Philadelphia, PA for abstinence
education and related services...................... 126,000
Victim Resource Center Inc., Franklin, PA for abstinence
education and related services...................... 41,000
Visitation Home, Inc., Yardville, NJ, to support
services for developmentally disabled residents..... 100,000
Volunteers of America/Alaska in Anchorage, AK, in
cooperation with the State of Alaska Dept. of Health
and Human Services, for a respite camp for children
being raised by grandparents in Alaska.............. 200,000
Warren Coalition, Front Royal, VA--Family Care
Connections......................................... 150,000
Washington Hospital Teen Outreach, Academy for
Adolescent Health, Washington, PA for abstinence
education and related services...................... 136,000
West Central Wisconsin Community Action Agency, Glenwood
City, WI for the Western Wisconsin JumpStart
Replication Project to assist TANF households in
purchasing reliable automobiles to help them secure
and maintain employment............................. 300,000
Women's Care Center of Erie County, Inc. to support
prenatal medical services to an at-risk population.. 100,000
Women's Care Center of Erie County, Inc., Abstinence
Advantage Program, Erie, PA for abstinence education
and related services................................ 136,000
Women's Haven of Tarrant County, Inc., Fort Worth, TX--
services at an emergency domestic violence shelter
and for a 24-hour emergency hotline................. 55,000
YMCA of Metropolitan Fort Worth-McDonald Community
Branch, Fort Worth, TX--Together Reaching Unity
Concerning Everyone (TRUCE) program................. 175,000
York County Human Life Services, Inc. York, PA for
abstinence education and related services........... 50,000
Youth Crisis Center, Jacksonville, FL, for family and
youth counseling.................................... 100,000
YWCA of Bucks County, Trevose, PA to promote strong
families, positive youth development and safe
communities......................................... 50,000
ZERO TO THREE, Washington, DC, for the development of
multidisciplinary Court Teams to raise awareness and
increase knowledge and skills regarding the needs of
maltreated infants and toddlers and their families
involved in the child welfare system to include a
program in Fort Bend County, Texas.................. 1,000,000
Developmental Disabilities
Within developmental disabilities programs, the
conference agreement includes $38,416,000 for protection and
advocacy services as proposed by the House instead of
$40,000,000 as proposed by the Senate. The conferees intend
that technical assistance be provided through a competitive
multiyear grant with a national nonprofit organization that has
the demonstrated capacity to carry out these activities. The
conferees intend that the technical assistance be responsive to
requests from the protection and advocacy network, based on the
identified needs of individuals with disabilities and do not
intend that technical assistance funds be used for
administrative responsibilities of the agency administering the
programs.
The conference agreement includes $15,000,000 for voting
access for individuals with disabilities as proposed by the
House rather than $14,912,000 as proposed by the Senate. Within
the funds provided, $5,000,000 shall be for State protection
and advocacy systems, the same level as proposed by the House
rather than $4,912,000 as proposed by the Senate.
The conference agreement also includes $11,642,000 for
projects of national significance as proposed by both the House
and the Senate. Within the funds for special projects,
$4,000,000 is available to expand the activities of the Family
Support Program.
For university centers for excellence in developmental
disabilities, the conference agreement includes $31,803,000 as
proposed by the Senate instead of $26,803,000 as proposed by
the House. The level provides funding for existing centers at
the authorized level and will support a new grant competition
permitting new centers to join the network.
Native American Programs
The conference agreement includes $45,157,000 for Native
American programs as proposed by the Senate, instead of
$45,155,000 as proposed by the House.
Community Services
The conference agreement includes $641,935,000 for the
community services block grant rather than $627,500,000 as
proposed by the House and $650,000,000 as proposed by the
Senate. The conferees direct the Secretary to prepare a 3-year
strategic plan for the office of community services use of
training and technical assistance funds in the fiscal years
2005-2008, as requested by the House, and should be provided to
the House and Senate Committees on Appropriations by no later
than June 15, 2005.
The conference agreement includes $33,000,000 for
economic development instead of $32,492,000 as proposed by the
House and $38,000,000 as proposed by the Senate. The conferees
expect this appropriation to be used for the principal purpose
of the program, which is making grants to experienced community
development corporations working in low-income urban and rural
communities.
Within the total for community economic development,
$5,481,000 is provided for the job opportunities for low-income
individuals program authorized by the Family Support Act. The
conferees direct that of the funds allocated for the job
opportunities for low-income individuals program, not more than
$500,000 be set-aside for program support and technical
assistance as proposed by the House. The Senate did not include
a similar restriction.
The conference agreement includes $7,300,000 for rural
community facilities instead of $7,184,000 as proposed by the
House and $7,500,000 as proposed by the Senate.
The conference agreement provides $18,000,000 for the
National youth sports program as proposed by the House. The
Senate did not propose funding for this program.
The conference agreement includes $7,238,000 for
community food and nutrition as proposed by the Senate. The
House did not propose funding for this program.
Violent Crime Reduction Programs
For the domestic violence hotline, the conference
agreement includes $3,250,000 rather than $3,000,000 as
proposed by the House and $3,500,000 as proposed by the Senate.
For family violence prevention and services and battered
women's shelters, the conference agreement includes
$126,648,000 instead of $125,648,000 as proposed by the House
and $128,000,000 as proposed by the Senate.
Early Learning Fund
For the early learning fund, the conference agreement
includes $36,000,000 as proposed by the Senate. The House did
not include funding for this program.
Independent Living Training Vouchers
The conference agreement includes $47,000,000 for
independent living training vouchers instead of $50,000,000 as
proposed by the House and $44,734,000 as proposed by the
Senate.
Community-based Abstinence Education
The conference agreement includes $104,500,000 for
community-based abstinence education as proposed by the Senate
instead of $109,546,000 as proposed by the House. The
conference agreement includes $4,500,000 in program evaluation
funds for the abstinence education program and $100,000,000 in
budget authority. The conferees concur with language included
in the House report regarding technical assistance and
capacity-building support to grantees. The Senate report did
not include similar language.
Within the total for community-based abstinence
education, up to $10,000,000 may be used to carry out a
national abstinence education campaign as proposed by the
House. The Senate proposed $2,500,000 for the campaign within
the Office of the Secretary. Prior to advertising the
availability of funds for any grant or contract for the
national abstinence education campaign, the conferees request
that the Department of Health and Human Services brief the
House and Senate Committees on Appropriations regarding the
planned use of these funds.
Center for Faith-based and Community Initiatives
The conference agreement provides $1,386,000 for the
center for faith-based and community initiatives as proposed by
the Senate rather than $1,400,000 as proposed by the House.
Program Direction
The conference agreement includes $187,050,000 for
program direction instead of $190,206,000 as proposed by both
the House and the Senate.
PROMOTING SAFE AND STABLE FAMILIES
The conference agreement includes $99,383,000 for the
discretionary grant program of promoting safe and stable
families as proposed by the Senate rather than $105,000,000 as
proposed by the House.
Administration on Aging
AGING SERVICES PROGRAMS
The conference agreement includes $1,404,634,000 for
aging services programs instead of $1,403,479,000 as proposed
by the House and $1,395,117,000 as proposed by the Senate.
Within the total, $5,500,000 is available for medication
management, screening, and education activities as proposed by
the House in bill language and by the Senate in report
language. The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
The conference agreement includes $21,790,000 for
preventive health rather than $21,919,000 as proposed by both
the House and the Senate.
The conference agreement includes $19,444,000 for
activities for the protection of vulnerable older Americans
instead of $18,559,000 as proposed by the House and $20,474,000
as proposed by the Senate. Within the funds provided
$14,276,000 is provided for the ombudsman services program.
The conference agreement includes $724,497,000 for
nutrition programs rather than $730,178,000 as proposed by the
House and $718,814,000 as proposed by the Senate. Within the
total, $390,397,000 is provided for congregate meals rather
than $392,148,000 as proposed by the House and $388,646,000 as
proposed by the Senate, $184,301,000 is provided for home
delivered meals rather than $187,616,000 as proposed by the
House and $180,985,000 as proposed by the Senate, and
$149,799,000 is provided for the nutrition services incentives
program rather than $150,414,000 as proposed by the House and
$149,183,000 as proposed by the Senate.
The conference agreement includes $11,883,000 for
Alzheimer's disease demonstrations instead of $11,500,000 as
proposed by the House and $12,883,000 as proposed by the
Senate.
The conference agreement includes $43,640,000 for program
innovations instead of $37,943,000 as proposed by the House and
$37,647,000 as proposed by the Senate. The conferees continue
to support funding at no less than last year's level for
national programs scheduled to be refunded in fiscal year 2005
that address a variety of issues, including elder abuse, native
American issues and legal services.
Within the funding provided, the conference agreement
includes $3,000,000 for social research into Alzheimer's
disease care options, best practices and other Alzheimer's
research priorities that include research into cause, cure and
care, as well as respite care, assisted living, the impact of
intervention by social service agencies on victims, and related
needs. The agreement recommends this research utilize and give
discretion to area agencies on aging and their non-profit
divisions in municipalities with aged populations (over the age
of 60) of over 1,000,000, with preference given to the largest
population. The conferees also recommend that unique
partnerships to affect this research be considered for the
selected area agency on aging.
Given the enormous demands on Alzheimer's family
caregivers, the conferees have included $1,000,000 to support
an Alzheimer's family contact center for round-the-clock help
to Alzheimer's families in crisis.
The conference agreement includes the following amounts
for the following projects and activities in fiscal year 2005:
Alzheimer's Association--North Central Texas Chapter,
Fort Worth, TX...................................... $100,000
Boise State University, Boise, ID, for the Center for
the Study of Aging.................................. 400,000
Carolinas Center for Hospice and End of Life Care, Cary
NC for development of a national data collection
system on the needs of end-of-life and terminally
ill patients........................................ 100,000
City of Rancho Cucamonga, CA, for a Senior Health,
Nutrition and Transportation Program................ 150,000
College Misericordia, Dallas, PA........................ 100,000
Commission on Jewish Eldercare Services, Jewish
Federation of Metropolitan Detroit, Bloomfield
Hills, MI for a naturally occurring retirement
community demonstration............................. 500,000
Comprehensive Housing Assistance, Inc in Baltimore, MD,
for a Naturally Occurring Retirement Communities
(NORC) demonstration................................ 712,000
CyberSeniors, Inc., Detroit, MI--Experience Senior Power
Program............................................. 300,000
Faith in Action of Central Stark County, Inc.,
Louisville, OH...................................... 50,000
Family Caregiver Alliance, San Francisco, CA for a
National Resource Center on Family Caregiving....... 250,000
Forsyth County Senior Services, Winston-Salem, NC to
improve capacity of senior support services through
civic, church and volunteer efforts................. 500,000
Foundation on Aging, Merriam, KS for design and
execution of programs to improve community-based
care for older adults............................... 150,000
Greater Miami Jewish Federation, Inc., Miami, FL, for
its ``Aging in Place'' Initiative................... 100,000
Haddington Multi Services for Older Adults,
Philadelphia, PA for demonstration programs
involving education, counseling, and services to
help seniors with chronic illnesses or disabilities
continue living in their homes...................... 100,000
Iowa Department of Elder Affairs to establish the Office
of Substitute Decision Maker........................ 400,000
Jefferson Area Board for Aging, Charlottesville, VA, for
a study of the long-term care environment for those
being cared for and their caregivers................ 100,000
Jefferson Regional Medical Center, Pittsburgh, PA for
senior services..................................... 100,000
Jewish Association for Services for the Aged, New York,
NY for a naturally occurring retirement community
demonstration in Co-Op City in the Bronx............ 250,000
Jewish Community Federation of Cleveland, Cleveland, OH
for a Naturally Occurring Retirement Community
resource center..................................... 50,000
Jewish Family & Child Service, Portland, OR, for a
Naturally Occurring Retirement Communities (NORC)
demonstration project............................... 30,000
Jewish Family and Children's Service of Greater Mercer
County, Princeton, NJ--NORC ``Aging in Place''
Initiative.......................................... 125,000
Jewish Family and Children's Service of Greater
Philadelphia, Philadelphia, PA for a Naturally
Occurring Retirement Communities (NORC)
demonstration program............................... 300,000
Jewish Family and Children's Service of Minneapolis,
Minnetonka, MN--NORC ``Aging in Place'' Initiative.. 100,000
Jewish Family and Children's Service, Sarasota, FL, for
a Naturally Occurring Retirement Communities ``Aging
in Place'' initiative............................... 75,000
Jewish Family Service of Albuquerque, NM to support a
Naturally Occurring Retirement Communities (NORC)
demonstration project............................... 500,000
Jewish Family Service of Buffalo and Erie County New
York, Buffalo, NY--NORC project..................... 50,000
Jewish Family Service of Rochester, Inc., Rochester,
NY--NORC project.................................... 50,000
Jewish Family Service of Sacramento, CA for a naturally
occurring retirement community demonstration........ 200,000
Jewish Family Service of Salt Lake City, Utah for a
Naturally Occurring Retirement Communities (NORC)
demonstration project............................... 300,000
Jewish Family Service of San Diego, CA--Naturally
Occurring Retirement Community ``Aging in Place''
demonstration....................................... 150,000
Jewish Family Service, Cincinnati, OH--Naturally
Occurring Retirement Communities Aging in Place
initiative.......................................... 100,000
Jewish Family Service, Clifton, NJ for a naturally
occurring retirement community demonstration
initiative.......................................... 200,000
Jewish Family Services of Los Angeles, CA for a
Naturally Occurring Retirement Communities (NORC)
demonstration....................................... 500,000
Jewish Federation of Central New Jersey, Scotch Plains,
NJ, for a Naturally Occurring Retirement Communities
(NORC) demonstration................................ 200,000
Jewish Federation of Des Moines, IA for a naturally
occurring retirement community demonstration........ 300,000
Jewish Federation of Greater Atlanta, GA, for a
Naturally Occurring Retirement Communities (NORC)
demonstration project............................... 100,000
Jewish Federation of Greater Washington, Rockville, MD
for a Naturally Occurring Retirement Communities
demonstration project............................... 1,000,000
Jewish Federation of Las Vegas, NV, for a NORC program.. 250,000
Jewish Federation of Los Angeles, California, for a
Naturally Occurring Retirement Communities (NORC)
demonstration project............................... 150,000
Jewish Federation of Metropolitan Chicago, Chicago, IL
for continued implementation of its Naturally
Occurring Retirement Communities demonstration
program............................................. 150,000
Jewish Federation of Southern New Jersey, Cherry Hill,
NJ--Naturally Occurring Retirement Communities
``Aging in Place'' Initiative....................... 400,000
Jewish Federation of St. Louis, Missouri for a Naturally
Occurring Retirement Communities (NORC)
demonstration project............................... 225,000
Leon Mathieu Senior Center, Pawtucket, RI for the HOME
ALONE program of services to help elders maintain
themselves in the community as long as possible..... 25,000
Madlyn and Leonard Abramson Center for Jewish Life,
North Wales, PA to expand their family caregiver
programs............................................ 75,000
Medford Senior Center, Medford, OR--Senior Advocacy
Program............................................. 25,000
Mount Airy Bethesda, Inc., Philadelphia, PA to provide a
computer-focused program for senior citizens........ 300,000
PACE CNY, North Syracuse, NY--third PACE Center......... 450,000
Rebuilding Together, Inc., Washington, DC for education,
training, technical assistance and other services
related to its national program to reduce the risk
of injury to seniors through home modifications..... 400,000
Saint Luke Lutheran Community, North Canton, OH--Nursing
Home Quality Improvement Project.................... 250,000
SCC Senior Adult Center, Brooklyn, NY for a
demonstration project involving support services for
frail elderly living alone.......................... 300,000
Shenandoah Area Agency on Aging, Inc., Front Royal, VA.. 50,000
Southcare, Inc., Glenside, PA for nutrition counseling
and elderly services................................ 25,000
State University System of Florida, Type I Policy and
Exchange Center on Aging, Tampa, FL--Preparing for
an Aging America Project............................ 1,000,000
United Jewish Federation of Greater Pittsburgh,
Pittsburgh, PA for a Naturally Occurring Retirement
Communities (NORC) demonstration project............ 100,000
University of Indianapolis, Indianapolis, IN for
expansion of programs and services offered by the
Center for Aging and Community...................... 320,000
University of Missouri, Columbia for development and
evaluation of technology to support independence of
seniors............................................. 1,000,000
University of Wisconsin-Milwaukee in Milwaukee, WI to
establish training and research programs on dementia 300,000
Utah Department of Human Services for computer training
that will allow seniors to live independently and
remain engaged with their community................. 30,000
Vermont Department of Aging and Independent Living,
Waterbury, VT for a demonstration project involving
rural multi-purpose senior centers.................. 280,000
Visiting Nurse Association Healthcare Partners of Ohio,
Cleveland, OH--Healthy Town......................... 250,000
Wasilla Area Seniors, Inc., Wasilla, AK for programs at
Knik Manor.......................................... 300,000
Wexner Heritage Village, Columbus, OH--NORC ``Aging in
Place'' initiative.................................. 50,000
Wisconsin Alzheimer's Association Chapter Network in
Madison, WI to provide Certified Dementia Care
Specialist training................................. 400,000
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
The conference agreement includes $371,975,000 for
general departmental management instead of $349,298,000 as
proposed by the House and $376,704,000 as proposed by the
Senate, along with $55,851,000 from Medicare trust funds. In
addition, $21,552,000 in program evaluation funding is
provided.
The conference agreement does not include language
reducing funding for the account by a total of $31,000,000,
which was contained in the House bill.
The conference agreement includes bill language providing
$13,120,000 for abstinence service demonstration grants as
proposed by the House instead of $16,891,000 as proposed by the
Senate.
The conference agreement does not include bill language
earmarking $25,000,000 for a new health care information
technology program as proposed by the House.
The conference agreement does not include bill language
identifying $2,500,000 for a national abstinence education
campaign as proposed by the Senate. The conferees provide that
up to $10,000,000 of the funds provided for abstinence
education within the Administration for Children and Families
may be used for such an education campaign.
The conference agreement includes bill language providing
$6,000,000 for assistance to maternal and child health clinics
in Afghanistan as proposed by the Senate instead of $5,000,000
as proposed by the House.
The conference agreement includes bill language proposed
by the Senate limiting the funding available to the HHS Office
of the Assistant Secretary for Legislation to no more than
$2,754,000. The House did not have a similar provision.
The conference agreement includes bill language providing
$50,000,000 from the Medicare trust funds to be transferred to
the Social Security Administration for processing Medicare
appeals. The House and Senate bills had provided this funding
within the CMS program management account.
The conference agreement includes bill language directing
that specific information requests from the chairmen and
ranking members of the Subcommittees on Labor, Health and Human
Services, and Education, and Related Agencies, on scientific
research or any other matter, be transmitted to the Committees
on Appropriations in a prompt professional manner and within
the time frame specified in the request. The bill language
further directs that scientific information requested by the
Committees on Appropriations and prepared by government
researchers and scientists be transmitted to the Committees on
Appropriations, uncensored and without delay. The Senate report
included similar language. The House did not include such a
provision in either bill or report language.
The conferees include the amounts within the Office of
the Secretary for the following projects and activities in
fiscal year 2005 listed below:
A technology internet based weight loss demonstration
program for 1,000 federal employees at the
Department of Health and Human Services
headquarters, with use of the latest technology,
including a private automated weigh station to track
participants' progress; daily email support on
nutrition and exercise; and education and detailed
instruction on exercise techniques, meal ideas and
motivational success stories........................ $35,000
Advertising Council, Inc., New York, NY, for an adult
oriented public service campaign focusing on
underage drinking................................... 250,000
Children's Hospital & Regional Medical Center in
Seattle, WA, to establish to the Center for
Pediatric Bioethics................................. 340,000
Community Transportation Association of America for TA
to human services transportation providers on ADA
requirements........................................ 1,000,000
Delaware Health Information Network, Dover, DE.......... 700,000
Erie County Department of Health, Buffalo, NY for the
Western NY Regional Health Information
Infrastructure...................................... 300,000
Florida Institute of Technology, Melbourne, FL for the
Center for Information Assurance.................... 400,000
Foundation for eHealth Initiative, Washington, DC....... 4,000,000
Palmer College on Chiropractice, Consortial Center for
Chiropractic Research in Davenport, Iowa, and the
Policy Institute for Integrative Medicine in
Philadelphia, PA for a best practices initiative on
lower back pain..................................... 200,000
The conferees include the amounts for the following
Office of Minority Health projects and activities in fiscal
year 2005 listed below:
California State University, Long Beach, for
professional training, research and health
initiatives at the NCLR Center for Latino Community
Health, Leadership Training and Evaluation.......... $500,000
Esther's Pantry of the Metropolitan Community Church of
Portland, OR to provide food and supplies for people
living with AIDS.................................... 30,000
Hispanic Health Initiatives, Inc. in Central Florida for
an educational program on Type-2 Diabetes........... 100,000
Hospices of the National Capital Region, Hospice of
Northern Virginia, Fairfax, VA...................... 300,000
Huston-Tillotson College, Austin, Texas, for the Huston-
Tillotson College Systems of Care Wraparound
Initiative for underserved children................. 250,000
Nazareth Hospital, Philadelphia, PA to establish stroke
treatment and prevention programs for African
American seniors.................................... 250,000
Our Lady of the Lake, Baton Rouge, LA for the South LA
Community Health Alliance........................... 100,000
Padres Contra El Cancer, Glendale, CA for patient
education and family support services for Latino
children with cancer and their families............. 150,000
Phoebe Putney Memorial Hospital, Albany, Georgia to
expand the School Nurse Program in school-based
health clinics serving minority populations......... 100,000
Pregnancy Crisis Center, Wichita, KS, for development of
a STD integrity program............................. 420,000
Saint Francis Hospital, Wilmington, DE, to expand health
outreach programs to minority and underserved
communities......................................... 250,000
South Fork Community Health Initiative, East Hampton, NY
for programs to improve health services and access
to care for minority and underserved persons........ 100,000
Town of Herndon, Herndon, VA, for Neighborhood Resource
Center.............................................. 50,000
University of Medicine and Dentistry of New Jersey,
School of Public Health, Piscataway, NJ for
research, education and community outreach
activities of the Institute for the Elimination of
Health Disparities in Newark........................ 650,000
University of Pittsburgh Medical Center, Braddock, PA to
develop and implement a health care delivery model
that will provide services to a historically
underserved population.............................. 100,000
University of South Carolina Arnold School of Public
Health, Columbia, SC, for the Institute for
Partnerships to Eliminate Health Disparities........ 275,000
University of Texas Southwestern Medical Center, Dallas,
TX (in cooperation with UT Dallas) for a program to
recruit minority students into biomedical research
(including outreach, mentoring and/or scholarships
and fellowships).................................... 150,000
The conference agreement includes $1,000,000 to continue
the embryo adoption awareness campaign, as proposed by the
Senate. The House report did not include a similar provision.
The conference agreement includes $3,000,000 to establish
a Citizens' Health Care Working Group as authorized in the
Medicare Modernization Act. The Senate proposed $3,000,000 for
this activity; the House report did not contain a similar
provision.
The conference agreement includes $500,000 for a study by
the Institute of Medicine regarding the training of physicians
for public health careers, as proposed by the Senate. The House
report did not contain a similar provision.
The conference agreement includes $1,000,000 to establish
an interagency committee to examine major regulations governing
the health care industry to simplify them to reduce cost. The
House report provided $2,000,000 through policy evaluation
funds for this activity. The Senate report did not contain a
similar provision.
The conferees are concerned about the absence of
mechanisms to ensure the delivery of necessary psychosocial
care to individuals with cancer and their family members. The
conference agreement provides $1,000,000 for the Secretary,
working in collaboration with the Institute of Medicine and
relevant government agencies and non-profit entities, to study
the delivery of psychosocial services to cancer patients and
their families in the community setting. Specifically, the
report should include an analysis of: (1) the capacity of the
current mental health and oncology provider system to deliver
such care and the anticipated resources required nationwide;
(2) available training programs for professionals providing
psychosocial and mental health services; and (3) existing
barriers to access to such care. The Secretary is encouraged to
issue recommendations to address these issues.
The conferees support the efforts of HHS to provide for a
stronger and more consistent approach to the review process for
drug and most therapeutic biologics used to diagnose, treat,
and prevent cancer.
Unprecedented progress in fields such as nanotechnology,
proteomics, and genomics hold the promise of vast improvements
in our ability to prevent cancer, diagnose it an earlier stage,
and treat it more effectively through targeted therapies. The
conferees encourage and support the efforts of HHS agencies,
including NCI and FDA, to keep pace with scientific discovery
in these areas, particularly as they apply to the prevention
and early detection of cancer.
The conferees intend that, of the funding provided to the
Office of Minority Health, no less than the fiscal year 2004
funding level be allocated to a culturally competent and
linguistically appropriate public health response to the HIV/
AIDS epidemic.
Office of Inspector General
The conference agreement includes $40,323,000 for the
Office of Inspector General as proposed by both the House and
the Senate. The conference agreement concurs with House bill
language pertaining to the hire of passenger motor vehicles for
investigations. The Senate did not include this language.
POLICY RESEARCH
The conference agreement provides $20,750,000 for policy
research from program evaluation funding, which is the same as
the amount proposed in the House bill. The Senate proposed
$28,750,000 for this activity through program evaluation
funding.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The conference agreement includes $2,308,287,000 for the
Public Health and Social Services Emergency Fund (PHSSEF) to
enhance Federal, State, and local preparedness to counter
potential biological, disease, chemical, and radiological
threats to civilian populations, instead of $2,352,247,000 as
proposed by the House and $2,330,058,000 as proposed by the
Senate.
The conference agreement continues bill language,
applicable during fiscal year 2004, exempting from any
personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services both civilian and
Commissioned Officers detailed to States, municipalities or
other organizations under authority of Section 214 of the
Public Health Service Act for purposes related to homeland
security during their period detail or assignment.
The conference deletes bill language proposed by the
House relating to the transfer of Strategic National Stockpile
assets, unexpended balances, and liabilities from the
Department of Homeland Security to the Department of Health and
Human Services. This language is no longer necessary because
similar provisions already have been enacted into law.
Within the amount provided: $1,173,300,000 is for the
Centers for Disease Control and Prevention; $400,000,000 is for
the Strategic National Stockpile; $523,149,000 is for the
Health Resources and Services Administration; $47,400,000 is
for the National Institutes of Health; and $64,438,000 is for
the Office of the Secretary.
Within the amounts available to the Centers for Disease
Control and Prevention (CDC): $934,300,000 is for State and
Local Preparedness, including $871,900,000 to be provided to
State and local health departments through grants and
cooperative agreements; $142,200,000 is for Upgrading CDC
Capacity; $80,000,000 is to support and expand biosurveillance
activities; and $16,800,000 is for the research program on
anthrax vaccine.
The conferees concur with language in the Senate report
regarding the provision of funding for the Health Alert Network
at not less than the fiscal year 2004 level.
The conference agreement includes sufficient funds to
continue to discover, develop, and transition anti-infective
agents to combat emerging diseases from within amounts
available for Upgrading CDC Capacity.
Within the funds available to the Health Resources and
Services Administration (HRSA) is $495,405,000 for Hospital
Preparedness and $27,744,000 to provide incentives for
curricular reform in health professions schools and the
delivery of continuing education to those already in practice.
The conferees are aware of concerns that no single
organization is equipped to respond to the diverse needs of
citizens in the wake of a terrorist incident. The conferees
encourage the Secretary to work with organizations with
experience in working with national-level entities in disaster
situations to develop a technical assistance, social response
model that can be incorporated into the process of emergency
management and pre-disaster planning in communities.
The conferees applaud CDC's commitment to continue the
implementation and evaluation of the Lehigh Valley, PA
Bioterrorism Response Pilot.
In addition to the funds for terrorism preparedness and
response, the conference agreement includes $100,000,000 for
activities to ensure year-round production capacity of
influenza vaccine, instead of $60,000,000 as proposed by the
House and $75,000,000 as proposed by the Senate.
The conference agreement includes bill language proposed
by the Senate to permit pandemic preparedness funding to be
used to purchase influenza vaccine.
General Provisions
HEAD START SALARIES
The conference agreement includes a general provision
that prohibits the use of funds for Head Start to pay the
compensation of an individual, either as direct costs or any
proration as an indirect cost, at a rate in excess of Executive
Level II, as proposed by the House. The Senate bill did not
contain a similar provision.
EVALUATION TAP AUTHORITY
The conference agreement includes a provision to allow
for a 2.4 percent evaluation tap pursuant to section 241 of the
Public Health Service Act. This tap is to be applied to
programs authorized under the Public Health Service Act. The
House bill contained a provision to allow for a 2.3 percent
evaluation tap and the Senate bill allowed for a 2.5 percent
evaluation tap.
ONE PERCENT TRANSFER AUTHORITY
The conference agreement modifies language proposed by
the Senate providing the Secretary of HHS with the authority to
transfer up to 1 percent of discretionary funds between a
program, project, or activity, but no such program, project or
activity shall be increased by more than 3 percent by any such
transfer. Additionally, a program, project or activity may be
increased up to an additional 2 percent subject to written
approval of the House and Senate Appropriations Committees.
REFUGEE STATUS OF CERTAIN PERSECUTED GROUPS
The conference agreement includes a provision proposed by
the Senate to extend the refugee status for persecuted
religious groups. The House bill contained no similar
provision. The conferees intend to fully protect religious
minority refugee applicants from Iran, including the current
caseload of Iranian Christians, Jews, Bahai, Mandeans and
Zoroastrians. Therefore, the Administration should implement
the provisions of section 213 of the conference report with
respect to new applications, as well as to review previously
denied applications for refugee applicants who have remained
outside of Iran without a viable solution after being denied
refugee status.
COUNCIL ON GRADUATE MEDICAL EDUCATION
The conference agreement includes a general provision
proposed by the Senate allowing for the continued operation of
the Council on Graduate Medical Education. The House bill
contained no similar provision.
CANCER HOSPITAL CONSTRUCTION LOANS
The conference agreement does not include a general
provision proposed by both the House and Senate that rescinded
funds appropriated by section 1897(g) of the Social Security
Act.
CMS PROGRAM MANAGEMENT
The conference agreement does not include a general
provision proposed by the House reducing the amounts provided
to CMS program management. The Senate bill contained no similar
provision.
CDC MANAGEMENT/IT SAVINGS
The conference agreement does not include a general
provision proposed by the House reducing the amounts provided
to CDC for management and information technology. The Senate
bill contained no similar provision.
75% RULE
The conference agreement includes a general provision
that none of the funds appropriated in this Act may be expended
by the Secretary of HHS to change the designation of a hospital
that was certified by the Secretary as an in-patient rehab
facility on or before June 30, 2004 until after a GAO report is
issued. This is the same as language in the House bill. The
Senate bill prohibited the expenditure of funds, but did not
require a GAO report.
CMS OFFICE OF THE ACTUARY
The conference agreement does not include a general
provision proposed by the House that none of the funds
appropriated in this title may be used to impede the exchange
of information between the Office of the Actuary of CMS and
Congress. The Senate did not propose a similar provision.
NATIONAL FOUNDATIONS FOR CDC AND NIH
The conference agreement deletes without prejudice a
general provision proposed by the Senate that provides official
reception and representation expenses to the National
Foundations for CDC and NIH. The House did not propose a
similar provision. Funding for this purpose is included in each
agency's relevant account.
SUMMER HEALTH CAREER INTRODUCTORY PROGRAMS
The conference agreement does not include a general
provision proposed by the Senate authorizing a new summer
health career introductory program for middle and high school
students. The House bill contained no similar provision.
HHS OIG OVERSIGHT ACTIVITIES
The conference agreement includes a general provision
transferring $25,000,000, rather than $35,000,000 as proposed
by the Senate, to the Office of the Inspector General of HHS
from amounts previously appropriated under the Medicare
Modernization Act for activities relating to oversight of
programs. The House bill contained no similar provision.
HEALTH PROFESSIONS STUDENT LOAN RESCISSION
The conference agreement includes a general provision,
which rescinds unobligated balances associated with the health
professions student loan program authorized in subpart II,
federally-supported student loan funds, of title VII of the
Public Health Service Act.
NURSING STUDENT LOAN RESCISSION
The conference agreement includes a general provision,
which rescinds unobligated balances associated with the nursing
student loan program authorized by Section 835 of the Public
Health Service Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND RESCISSION
The conference agreement includes a general provision,
which rescinds unobligated balances, excluding amounts
necessary for the costs of potential defaults, associated with
the medical facilities guarantee and loan fund within the
Health Resources and Services Administration.
SMALLPOX VACCINE INJURY COMPENSATION RESCISSION
The conference agreement includes a general provision,
which rescinds $20,000,000 in unobligated balances from amounts
appropriated in P.L. 108-11 under the heading ``Public Health
and Social Services Emergency Fund'', the smallpox compensation
program. The conferees understand that the remaining
unobligated balances in the program will be sufficient to cover
claims anticipated with at least 200,000 more smallpox
vaccinations.
C.W. BILL YOUNG CENTER FOR BIODEFENSE AND EMERGING INFECTIOUS DISEASES
The conference agreement includes a general provision
naming the Center for Biodefense and Emerging Infectious
Diseases (Building 33) at the National Institutes of Health,
the C.W. Bill Young Center for Biodefense and Emerging
Infectious Diseases.
TITLE III--DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
The conference agreement includes $14,963,683,000 for
Education for the Disadvantaged instead of $15,515,735,000 as
proposed by the House and $15,500,684,000 as proposed by the
Senate.
For Grants to Local Educational Agencies (LEAs) the
agreement provides $12,842,309,000 instead of $13,342,309,000
as proposed by the House and $13,457,607,000 as proposed by the
Senate. The conference agreement includes $7,037,592,000 for
basic grants and $1,365,031,000 for concentration grants. The
agreement also includes $2,219,843,000 for targeted grants, and
$2,219,843,000 for education finance incentive grants.
Concentration grants, targeted grants, and incentive grants are
all provided on an advance-funded basis.
The House proposed $7,037,592,000 for basic grants,
$1,365,031,000 for concentration grants, $2,469,843,000 for
targeted grants and $2,469,843,000 for education finance
incentive grants. The Senate bill proposed $7,104,447,000 for
basic grants, $1,365,031,000 for concentration grants,
$2,231,954,000 for targeted grants, and $2,756,175,000 for
education finance incentive grants.
The conference agreement includes language proposed by
the Senate allowing $1,000,000 of title I evaluation funding to
be used to provide technical assistance to States and school
districts regarding the title I program. The conference
agreement does not include language proposed by the Senate for
a supplemental appropriation to States that received less in
fiscal year 2004 than they received in fiscal year 2003.
The conferees believe that states should utilize their
four percent school improvement set-aside funds, estimated at
$514,000,000 in fiscal year 2005, to support implementation of
comprehensive school reform (CSR) models with demonstrated
success. The conferees are aware that recent evaluations of the
CSR program conducted by the Department of Education show that
schools utilizing comprehensive school reforms are more likely
to offer professional development for all teachers and to
engage in research-based reform. The conferees strongly urge
States to examine methods for distributing school improvement
funds that will result in awards of sufficient size and scope
to support the initial costs of comprehensive school reforms
and to limit funding to programs that include each of the
reform components described in section 1606(a) of the No Child
Left Behind Act of 2001 and have the capacity to improve the
academic achievement of all students in core academic subjects
within participating schools. The conferees urge states to
express a clear competitive preference for CSR programs that
have been shown through scientifically based research to be
effective, and that are supported by organizations capable of
assisting multiple schools and districts.
The conference agreement includes $226,910,000 for the
Even Start program as proposed by the House. The Senate did not
propose funding for this program.
The conference agreement also includes $1,050,000,000 for
Reading First State Grants instead of $1,125,000,000 as
proposed by the House and $1,062,000,000 as proposed by the
Senate. It also includes $105,000,000 for Early Reading First
instead of $132,000,000 as proposed by the House and
$110,000,000 as proposed by the Senate.
The conference agreement includes $25,000,000 for
Striving Readers as proposed by the Senate instead of
$100,000,000 as proposed by the House. Striving Readers will
make competitive grants to develop, implement, evaluate and
bring to scale reading interventions for middle- or high-school
students who are reading significantly below grade level,
prioritizing services to those schools and districts with one
or more high or middle schools that include a significant
number of students reading below grade level. The conferees
recognize that both middle and high schools have significant
needs, and direct the Secretary to ensure that awards are
balanced between these two grade spans, and are of sufficient
size and scope to allow for meaningful change that improves
student achievement. In addition, the conferees direct the
Institute of Education Sciences to work with the Secretary to
create a competitive preference system whereby schools would
receive priority for awards by agreeing to participate in
randomized research studies. One potential system would entail
funding schools in pairs, where at random one school would
receive a new program immediately and the other would receive
it a year later, thereby creating conditions conducive to
randomized controlled studies.
The conference agreement also includes $19,842,000 for
Literacy through School Libraries as proposed by the House
instead of $22,842,000 as proposed by the Senate.
The conference agreement includes $50,000,000 for the
neglected and delinquent program instead of $48,395,000 as
proposed by the House and $52,000,000 as proposed by the
Senate.
The conference agreement does not include $100,000,000
for a new local school improvement program proposed by the
Senate.
The conference agreement includes $207,000,000 for
comprehensive school reform instead of $80,000,000 as proposed
by the House and $233,613,000 as proposed by the Senate. The
conferees intend that $7,050,000 be made available for quality
initiatives as authorized in section 1608 of ESEA. The
conferees also request that the Department submit a letter
report no later than May 30, 2005 that identifies those states
that have not complied with the statutory requirement for an
annual evaluation of the implementation of comprehensive school
reforms and describes the steps the Department will take to
ensure that such evaluations are meaningful, rigorous and
timely.
The conference agreement also includes $18,888,000 for
the migrant education high school equivalency program as
proposed by the Senate instead of $22,545,000 as proposed by
the House.
IMPACT AID
The conference agreement includes $1,253,893,000 for the
Impact Aid programs instead of $1,250,893,000 as proposed by
the House and $1,229,527,000 as proposed by the Senate. Within
this amount, $1,083,687,000 is provided for basic support
payments as proposed by the House instead of $1,063,687,000 as
proposed by the Senate and $63,000,000 is provided for payments
for Federal property as proposed by the House instead of
$61,634,000 as proposed by the Senate. The conference agreement
includes language proposed by the House regarding eligibility
for school districts that enroll children whose parents have
died or been deployed on active duty. The conference agreement
includes $48,936,000 for construction programs instead of
$45,936,000 as proposed by both the House and the Senate. The
agreement also includes the following:
Fairbanks North Star Borough, Fairbanks, AK, for
relocation of the district's kitchen facilities..... $2,000,000
White River School District 47-1, Mellette County, SD... 1,000,000
SCHOOL IMPROVEMENT PROGRAMS
The conference agreement includes $5,664,977,000 for
School Improvement Programs instead of $5,661,401,000 as
proposed by the House and $5,730,632,000 as proposed by the
Senate. The agreement provides $4,229,977,000 in fiscal year
2005 and $1,435,000,000 in fiscal year 2006 funding for this
account.
The conference agreement includes $2,940,126,000 for
State grants for improving teacher quality instead of
$2,950,000,000 as proposed by the House and $2,975,126,000 as
proposed by the Senate.
The conference agreement includes $180,000,000 for math
and science partnerships instead of $269,115,000 as proposed by
the House and $200,000,000 as proposed by the Senate. In light
of the tremendous overlap in math and science goals and
objectives between the math and science partnership program and
the Advanced Placement (AP) initiatives, grantees are
encouraged to incorporate AP training into their proposals. As
in the math and science program, the AP professional
development initiative focuses on increasing teachers' math and
science content understanding to help them meet the highly
qualified criteria required under the Elementary and Secondary
Education Act as amended by the No Child Left Behind Act of
2001. The AP professional development initiative supports
teachers' content development so that all students, regardless
of whether or not they take AP, will receive rigorous,
challenging math and science instruction. The AP math and
science initiative has the primary objective of increasing the
number of AP opportunities, AP participation rates, and post-
secondary acceptance and success rates for disadvantaged
students.
The conference agreement includes $200,000,000 for the
education block grant instead of $20,000,000 as proposed by the
House. The Senate did not propose funding for this activity.
The agreement also includes $500,000,000 for education
technology state grants instead of $600,000,000 as proposed by
the House and $691,841,000 as proposed by the Senate. The
agreement also includes $999,070,000 for the 21st Century
Community Learning Centers program as proposed by the House
instead of $1,007,000,000 as proposed by the Senate. The
agreement also includes $415,000,000 for State assessments
instead of $410,000,000 as proposed by the House and
$420,000,000 as proposed by the Senate. The agreement also
includes language proposed by the House stating that the amount
made available in the fiscal year 2004 bill for state
assessments shall not be less than $390,000,000. The agreement
also includes language proposed by the House stating that
notwithstanding any across-the-board reductions, the amount
available for state assessments in fiscal year 2005 shall not
be less than $400,000,000.
The conference agreement includes $11,111,000 for the
Javits gifted and talented program as proposed by the House
instead of $12,111,000 as proposed by the Senate. The agreement
also includes $18,000,000 for the foreign language assistance
program instead of $19,000,000 as proposed by the Senate. The
House did not propose funding for this program. The conference
agreement also includes $63,000,000 for education for homeless
children instead of $70,000,000 as proposed by the House and
$62,000,000 as proposed by the Senate.
The conference agreement includes $34,500,000 for the
Education of Native Hawaiians instead of $36,000,000 as
proposed by the Senate and $33,302,000 as proposed by the
House. The agreement also includes language notwithstanding any
other provision of law to allow funds under this program to be
used for construction, renovation and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school run by the Department of
Education of the State of Hawaii that serves a predominantly
Native Hawaiian student body as proposed by the Senate. The
conferees direct that no less than $1,000,000 shall be made
available for early childhood activities, no less than
$1,000,000 shall be made available to the Hawaii Department of
Education for school construction/renovation activities, and
$600,000 shall be made available for the University of Hawaii
law school's Native Hawaiian legal center.
The conference agreement includes $34,500,000 for the
Alaska Native Educational Equity program instead of $36,000,000
as proposed by the Senate and $33,302,000 as proposed by the
House. The agreement also includes language notwithstanding any
other provision of law to allow funds under this program to be
used for construction, as proposed by the Senate, and directing
the Department in use of these funds in specific locations in
Alaska.
The conference agreement includes $172,000,000 for rural
education programs, instead of $167,831,000 as proposed by the
House and $175,000,000 as proposed by the Senate.
The conference agreement also includes $18,330,000 for
supplemental education grants to the Federated States of
Micronesia (FSM) and the Republic of the Marshall Islands
(RMI), in accordance with the Compact of Free Association
Amendments Act of 2003, as proposed by the House instead of
$17,214,000 as proposed by the Senate. The agreement also
includes language allowing up to five percent of the grants to
be reserved by the FSM and RMI to provide technical assistance,
oversight and consultancy services and to allow the Departments
of Labor, HHS and Education to be reimbursed for these
services. The conference agreement does not include a provision
relating to eligibility for individuals in the Republic of
Palau as proposed by the Senate.
INNOVATION AND IMPROVEMENT
The conference agreement includes $1,101,454,000 for
programs in the Innovation and Improvement account, instead of
$669,936,000 as proposed by the House and $1,144,346,000 as
proposed by the Senate.
The conference agreement includes $20,500,000 for the
National Writing Project instead of $17,894,000 as proposed by
the House and $24,000,000 as proposed by the Senate.
The conference agreement includes $120,000,000 for the
Teaching of Traditional American History as proposed by the
Senate. The House did not propose funding for this activity.
The conferees direct the Department to continue its current
policy of awarding 3-year grants.
The conference agreement includes $15,000,000 for school
leadership as proposed by the House instead of $16,000,000 as
proposed by the Senate. The conference agreement includes
$17,000,000 for advanced credentialing activities as proposed
by the Senate instead of $18,391,000 as proposed by the House.
The conference agreement includes $37,279,000 for credit
enhancement for charter schools as proposed by the Senate
instead of $50,000,000 as proposed by the House.
Fund for the Improvement of Education (FIE)
The conference agreement includes $417,418,000 for the
Fund for the Improvement of Education.
Within the total for FIE, the conference agreement
includes funding for the following activities in the following
amounts:
Reading is Fundamental.................................. $25,500,000
Star Schools............................................ 21,000,000
Ready to Teach.......................................... 14,406,000
Exchanges with Historic Whaling and Trading Partners.... 8,700,000
Arts in Education....................................... 35,920,000
Parental Assistance Information Centers................. 42,224,000
Excellence in Economics Education Act................... 1,500,000
Women's Educational Equity.............................. 2,980,000
Teacher Quality initiatives............................. 9,500,000
CSR clearinghouse....................................... 1,500,000
Facilities clearinghouse................................ 700,000
Foundations for Learning grants......................... 1,000,000
Mental Health Integration in Schools.................... 5,000,000
Peer Review............................................. 25,000
For Arts in Education, the conferees intend that within
this total, $7,500,000 is for Very Special Arts, $6,420,000 is
for the John F. Kennedy Center for the Performing Arts. In
addition, $8,000,000 is for model professional development
programs for music, drama, dance and visual arts educators and
$500,000 is for evaluation activities, as outlined by the
Senate. The remaining $13,500,000 is available to continue
model arts programs, including a new grant competition.
The conferees expect that the Office of Safe and Drug-
Free Schools will administer the mental health integration
grants program.
While the conferees applaud the Department's efforts to
help students learn foreign languages, they remain concerned
that the Department, using data provided by the e-Language
Learning System (eLLS), is developing web-based learning
products that could be used in direct competition with the
private sector. The conferees understand that, based on the
President's budget request, the Department had no plans to
continue this project in fiscal year 2005. However, the
conference agreement includes funds for the Star Schools
program, which has been the source of funds for this activity.
Therefore, the conferees direct the Department not to fund any
grant that will compete directly with the private sector and
further direct the Department to report to the Committees on
Appropriations of the House and Senate on the activities
undertaken with federal funds by the e-Language Learning System
and their impact on the private sector. The conferees expect to
receive this report no later than April 15, 2005. The conferees
further direct the Department to notify the House and Senate
Appropriations Committees 15 days prior to any Department
expenditures regarding the eLLS project.
The conferees direct the Department to implement the Act
consistent with their intent, as reflected above, and request
an implementation plan to be submitted to the House and Senate
Committees on Appropriations within 30 days ofenactment of the
Department of Education Appropriations Act, 2005. To the extent that
the Department wishes to reprogram funds in order to address other
activities or alter the allocation of funds for activities listed in
the chart above, the conferees expect the Department to follow the
guidance provided in this statement of the managers.
The conferees concur that the Secretary shall notify
States that schools that will not receive continuing
comprehensive school reform awards with fiscal year 2005 funds
shall receive priority for targeted grants and/or technical
assistance under section 1003(a) of ESEA.
Within the total for FIE, the following amounts are also
provided:
Reach Out and Read...................................... $10,000,000
Abaertern Academy, Bozeman, MT to support distance
learning............................................ 500,000
Abbotsford School District, WI, for after school
programs............................................ 250,000
Abilene Christian University, Abilene, TX for reading
instruction to children from local school districts. 100,000
Academy of Fine Arts, Lynchburg, VA for programming,
exhibits, and outreach.............................. 50,000
Academy of Urban School Leadership, Chicago, IL, for the
Chicago Academy and Chicago Academy High School,
including resident stipends......................... 600,000
Access Living, Chicago, for continuation of educational
and education access programs for youth with
disabilities........................................ 500,000
AFI Silver Theatre and Cultural Center to expand the
Screen Education Program in Maryland................ 100,000
AFSA Education Foundation, Washington DC, for MoneySKILL 200,000
Afterschool Alliance, Flint, MI, to develop and
disseminate model practices and provide technical
assistance for after school programs................ 150,000
Akron Zoological Park, Akron, OH for educational
programs............................................ 200,000
Alabama School of Math and Science, Mobile, AL for a
computer lab........................................ 100,000
Alabama School of Mathematics and Science, Mobile, AL
for curriculum development and training............. 40,000
Alabama Sports Hall of Fame, Birmingham, AL to expand
student outreach programs and promote good
sportsmanship....................................... 35,000
Alachua County, Gainesville, FL, for an at-risk youth
development initiative.............................. 100,000
Alaska Educational Services in Anchorage, AK for its
Youth Summer Challenge Program...................... 475,000
Alaska Hospitality Alliance Education Foundation,
Anchorage, AK for high school hospitality industry
training programs................................... 100,000
Alaska Humanities Forum, Anchorage, AK to produce and
deliver an Alaskan history curriculum and to train
teachers throughout Alaska in its use............... 600,000
Alaska Online Consortium in Delta Junction, AK for
middle school writing math courses for online
delivery across Alaska.............................. 300,000
Alaska SeaLife Center in Seward, AK for a Marine
Ecosystems Education Program........................ 250,000
Albuquerque Public Schools, Albuquerque, NM to improve
the teaching of math and science.................... 750,000
Alhambra Unified School District, Alhambra, CA, for
after-school and other academic programs at Mark
Keppel High School.................................. 40,000
All Kinds of Minds Schools Attuned Teacher Training,
Chapel Hill, NC for teacher training................ 1,000,000
All Kinds of Minds, Chapel Hill, NC for the Schools
Attuned Teacher Training Program in North Texas..... 250,000
Allegheny County Housing Authority, Pittsburgh, PA, for
an after school program............................. 100,000
Allens Lane Art Center, Philadelphia, PA, for
scholarships for low-income children to participate
in summer camp and art classes...................... 50,000
Allentown Art Museum, Allentown, PA, for arts education. 75,000
American Film Institute, Los Angeles, CA, for its Screen
Education program................................... 1,250,000
American Foundation for Negro Affairs (AFNA) National
Education and Research Fund, Philadelphia, PA, to
raise the achievement level of minority students and
increase minority access to higher education........ 650,000
American Red Cross, Bronx Service Center, Bronx, NY, for
mentoring and after school programs................. 50,000
American Society of Educators, Philadelphia, PA, for
teacher and administrator professional development.. 50,000
American Theater Arts for Youth, Inc., Philadelphia, PA,
for an arts in education program.................... 75,000
American Theater Arts for Youth, Philadelphia, PA for
Mississippi Arts in Education....................... 150,000
Americana Community Center, Inc., Louisville, KY, for
after school programs............................... 53,000
AMISTAD America, Inc., New Haven, CT, for education
materials, education programs, and teacher
professional development............................ 500,000
An Achievable Dream, Newport News, VA for a research and
training center, including teacher stipend
scholarships........................................ 100,000
Anchorage School District in Anchorage, AK to implement
the PLATO Learning program.......................... 200,000
Anchorage's Promise of Anchorage, AK to implement
America's Promise child mentoring and support
program in Anchorage................................ 100,000
Anita M. Stone Jewish Community Center, Flossmoor, IL,
for a computer technology initiative for youth...... 100,000
Annette Strauss Institute, Austin, TX, for a civics
education project................................... 85,000
Annis Water Resources Institute, Grand Valley State
University, Allendale, MI, for a hands-on,
investigative science experience.................... 250,000
Anoka Technical College, Anoka, MN, for a Secondary
Technical Education Program......................... 250,000
Appleton Area School District, Appleton, WI for English
Language instruction................................ 12,000
Arden Theatre Company, Philadelphia, PA, to expand
education programs.................................. 50,000
Arkansas State University, State University, AR, in
collaboration with the University of Memphis, and
the University of Mississippi, for the Delta Bridge
Education project to provide professional
development for teachers............................ 750,000
Armstrong School District, Ford City, PA, for an
interactive instructional system.................... 50,000
ART of Leadership Foundation, Birmingham, MI for
mentoring programs.................................. 100,000
Arthur Ashe Youth Tennis and Education, Philadelphia, PA
for educational enrichment programs................. 100,000
Arts and Education In Concert, Centreville, VA, for arts
education........................................... 100,000
ArtsAlliance of Jackson and Hinds County, MS, for an
arts based after school and summer outreach program. 100,000
Ashland City Schools, Ashland, OH for professional
development......................................... 200,000
Athens Area High School, Athens, PA, for a health and
technology career program........................... 50,000
Athens City Schools Foundation, Athens, AL, for the
third grade violin music education program.......... 10,000
Auburn University at Montgomery, Montgomery, AL, for the
Alabama Urban and Rural Student Citizenship and
History Education Outreach Program for history
education........................................... 50,000
Ballet Theater Foundation, Inc., New York, NY, for the
Make a Ballet program at the Waterside School,
Stamford, CT........................................ 100,000
Baltimore City Board of School Commissioners, Baltimore,
MD, for teacher recruitment, retention and
professional development initiatives................ 240,000
Baltimore City Public School System, MD, to restock
public school libraries............................. 200,000
Banana Factory, Bethlehem, PA, for an arts and
technology after school program..................... 25,000
Bass Lake School District, CA, for music and art
education programs.................................. 75,000
Batelle for Kids, Columbus, OH for a multi-state effort
to evaluate and learn the most effective ways for
accelerating student academic growth................ 1,000,000
Beaver County, PA, to implement educational programming
for K-12 students, including safe and appropriate
use of the Internet................................. 200,000
Bellefaire Jewish Children's Bureau, Cleveland, OH for
the Monarch School.................................. 500,000
Bethany Education and Human Services Programs, Inc.,
Clearwater, FL for after school programs............ 250,000
Bethesda Children's Home, Meadville, PA, for vocational
education and prevention based services............. 50,000
Big Brothers Big Sisters of Bucks County, Jamison, PA,
for mentoring programs.............................. 25,000
Big Brothers Big Sisters of San Luis Obispo County, San
Luis Obispo, CA, for mentoring at-risk youth........ 80,000
Big Brothers Big Sisters, Columbia, SC, for community-
based and school-based mentoring programs........... 200,000
Big Brothers/Big Sisters of Anchorage, Fairbanks and
Southeast AK, in partnership with AK Department of
Education, the Boys and Girls Club and Cook Inlet
Tribal Council for a comprehensive mentoring program
for at-risk children................................ 300,000
Boston History Collaborative, Boston, MA, for youth
educational programs................................ 50,000
Boys & Girls Club of the Cheyenne River Sioux Tribe..... 200,000
Boys & Girls Club of the Grand River Area............... 150,000
Boys & Girls Club of Whittier, Whittier, CA, for after
school programs..................................... 150,000
Boys & Girls Clubs of America, Atlanta, GA, for an
education technology initiative for at-risk youth... 500,000
Boys and Girls Club of Greater Kansas City, Kansas City,
MO for Project Learn................................ 1,000,000
Boys and Girls Club of the Northern Shenandoah Valley,
Winchester, VA for after school programs............ 72,000
Boys and Girls Clubs, Springfield, for educational
programs targeted toward at-risk students in
partnership with the Springfield Public Schools..... 150,000
BRIDGES USA, Inc., Memphis, TN, to develop and implement
a middle school intervention program................ 490,000
Brigham Young University of Provo, UT for the
Comprehensive Literacy Program to improve the
literacy performance of low achieving students...... 600,000
Brooklyn Academy of Music, Brooklyn, NY, for K-12
education programs.................................. 490,000
Broome County Early Childhood Coalition, Binghamton, NY,
for its Building Brighter Futures for Broome early
childhood training and mentoring program............ 100,000
Business Council, Inc., Stockton, CA, for its San
Joaquin Reads Program............................... 650,000
CableLife Community Enrichment Corporation, Louisville,
KY, for educational programs........................ 30,000
California Institute of the Arts, Valencia, CA, for
equipment for the Community Arts Partnership digital
arts project for middle and high school students.... 150,000
California Professional Firefighters Foundation,
Sacramento, CA, for development of an emergency
preparedness curriculum and training materials for
K-12 schools........................................ 850,000
Calumet Park School District 132, Calumet Park, IL, for
staff development and instructional programs,
including summer school............................. 100,000
Camp Fire USA of Alaska for an after school program in
Anchorage, AK....................................... 100,000
Canaan Community Development Corporation, Louisville,
KY, for after school programs....................... 25,000
Carnegie Hall, New York, NY, for the Isaac Stern
Education Legacy project............................ 1,450,000
Carnegie Science Center, Pittsburgh, PA for education
programs for teachers and students as part of the
Pittsburgh International Science and Technology
Festival............................................ 50,000
Carnegie Science Center, Pittsburgh, PA, to develop a
Final Frontier exhibit.............................. 75,000
Carson City Public School District, Carson City, NV for
an English Instruction Program...................... 419,000
Center for Advancing Partnerships in Education (CAPE),
Allentown, PA, for distance learning programs and
technology upgrades................................. 200,000
Center for Houston's Future, in collaboration with the
Greater Houston Collaborative for Children, Houston,
TX for improving the quality of early education
programs through the Preschool for ALL program...... 200,000
Center for Jewish History, New York, NY, for education
programming on Jewish history and technology
upgrades............................................ 100,000
Central Alabama Community College, Alexander City, AL
for scholarships.................................... 150,000
Central Pennsylvania Institute of Science and
Technology, Pleasant Gap, PA, for curriculum
development......................................... 100,000
CESA 9, WI, for after school programs................... 1,000,000
Challenger Learning Center for Science and Technology,
Woodstock, IL for an education program.............. 200,000
Challenges, Choices and Images Literacy and Technology
Learning Center, Aurora, CO for educational programs 75,000
Champions of Caring, Villanova, PA, to develop and
disseminate the Journey of a Champion curriculum
focusing on character education..................... 25,000
Charter School Development Corporation in Las Vegas, NV
to focus on technology and college preparation...... 1,000,000
Charter School Institute, Philadelphia, PA for the
Shipyard Industrial Charter High School............. 200,000
Chesapeake Bay Foundation, Annapolis, MD in cooperation
with the Living Classrooms Foundation, Baltimore MD,
for educational programming......................... 250,000
Chicago Academy in Illinois in cooperation with the
Chicago Public Schools for a teacher training
initiative.......................................... 200,000
Chicago Public Schools, Chicago, IL, for after school
programs............................................ 225,000
Chicago Public Schools, Chicago, IL, for its career
academies enhancement project....................... 340,000
Chicago Public Schools, Chicago, IL, for its Child-
Parent Center Program............................... 600,000
Children's Chorus of Maryland, Inc., Towson, MD, for a
music education initiative in Prince George's
County, Maryland.................................... 100,000
Children's Coalition, Inc., West Palm Beach, FL, for
equipment and technology to enable at-risk youth to
participate in the Veteran's History Project........ 160,000
Children's Home and Aid Society of Illinois, Chicago,
IL, for development of one or more community
schools, including case management, academic,
enrichment and support services..................... 125,000
Children's Land Alliance Supporting Schools (CLASS),
American Fork, UT for continued research............ 300,000
Children's Literacy Initiative, Philadelphia, PA, to
improve the reading readiness and early literacy of
children in high-poverty communities by providing
professional development to teachers and principals. 150,000
Children's Museum at LaHabra, CA, for a Hands On English
Program............................................. 120,000
Chippewa Falls School District, WI, for after school
programs............................................ 300,000
Cincinnati Zoo and Botanical Garden, Cincinnati, Ohio,
for educational programs............................ 250,000
Citrus County School Board, Inverness, FL, for staff
development and training............................ 60,000
City College of New York, New York City, NY, for the
Nuestra Herencia family literacy program............ 100,000
City of Bell Gardens, Bell Gardens, CA, for computers
and software to serve low-income youth.............. 35,000
City of Brea, CA, for after school programs............. 123,000
City of Dallas, Dallas, TX, for after school programs... 525,000
City of East Palo Alto, CA, for after-school activities
for at-risk youth................................... 100,000
City of Fairfield, Fairfield, CA, for after school
programs............................................ 600,000
City of Lynwood, Lynwood, CA, for after school programs. 165,000
City of Macon, Macon, GA, to support after school
programs at area elementary schools................. 100,000
City of Oak Ridge, Oak Ridge, TN for integrating math,
science and technology disciplines at Oak Ridge High
School.............................................. 200,000
City of Orlando Science Center in Orlando, FL for
exhibits and education on the hydrogen economy...... 100,000
City of Palmdale, Palmdale, CA, for after school
programs............................................ 100,000
City of Pomona, Pomona, CA, in conjunction with the
Pomona Unified School District, for after school and
weekend academic enrichment programs................ 140,000
City of Portsmouth, Portsmouth, VA, for after school
programs............................................ 115,000
City of Providence, Providence, RI, for the family
literacy campaign, Providence Reads!................ 100,000
City of San Diego, CA for the 6 to 6 Extended Day
Program............................................. 100,000
City of St. Charles, MO for the St. Charles Foundry Arts
Center in support of arts education................. 780,000
City of Stockton, Stockton, CA, for after school
programs............................................ 328,000
City School District of New Rochelle, New Rochelle, NY,
for after school and summer school programs, faculty
professional development, and parent education
workshops........................................... 425,000
City Schools of Decatur, Decatur, GA, to implement the
International Baccalaureate Program in selected
schools............................................. 14,000
City Year New Hampshire, Stratham, NH to expand out-of-
school programs for at-risk kids.................... 250,000
Clarion County Career Center, Shippenville, PA for
curriculum development.............................. 100,000
Clark County Public Education Foundation, NV, for the
Global Learning Village............................. 150,000
Clark County School District, Las Vegas, NV, for
equipment........................................... 500,000
Clark County School District, Las Vegas, NV, for its
Alternative Drop Out Prevention Program............. 390,000
Clark County School District, Las Vegas, NV, to
implement the Advancement Via Individual
Determination (AVID) Program at selected school
sites............................................... 200,000
Clark County School District, NV, for a dropout
prevention program.................................. 200,000
Clark County School District, NV, for curriculum
development on the study of mariachi music.......... 25,000
Clarke County Public Schools, Berryville, VA for foreign
language programs in D.G. Cooley Elementary School
in Berryville, Berryville Primary School in
Berryville, and Boyce Elementary School in Boyce, VA 100,000
Clarkstown Central School District, New City, NY, for a
multimedia center, technology and curricula......... 125,000
Clayton School District, WI, for after school programs.. 200,000
Clemson University, Clemson, South Carolina, for Call Me
Mister program...................................... 250,000
Cleveland Botanical Garden, Cleveland, OH for the One to
One Thousand project................................ 150,000
Cleveland Institute of Music, Cleveland, OH, for
distance education.................................. 350,000
Cleveland Metroparks Zoo, Cleveland, OH for educational
programs............................................ 250,000
Cleveland Museum of Art, Cleveland, OH for education
through the arts.................................... 650,000
Cleveland Play House, Cleveland, OH for educational
programs............................................ 200,000
Clovis Unified School District, CA, for Career-Focused
Instructional Lab Models............................ 100,000
COA Youth and Family Centers in Milwaukee, WI for the
Home Instruction for Parents of Preschool Youngsters
(HIPPY) program..................................... 200,000
Coahoma Community College Workforce Development Center,
Clarksdale, MS for the STEP-UP Program.............. 100,000
Cobbs Creek Environmental Education Center, Inc.,
Philadelphia, PA, to support environmental education
programs for high school students................... 100,000
College Summit, Inc., Washington DC for expansion of
pilot sites......................................... 1,000,000
Colorado Charter Schools Institute, Denver, CO for
educational programs................................ 100,000
Columbus Public Schools, Columbus, OH, for the Attaining
Achievement through Technology project.............. 150,000
Communities in Schools--Bell-Coryell Counties, Inc.,
Killeen, TX, for education services for at-risk
youth............................................... 300,000
Communities in Schools Dallas, Inc., Dallas, TX, for
case management, academic and social services for
at-risk students.................................... 475,000
Communities in Schools of East Texas, Inc., Marshall,
TX, for services for at-risk students............... 475,000
Communities in Schools of Northeast Texas, Pflugerville,
TX, for services for at-risk students............... 325,000
Communities in Schools of San Antonio, San Antonio, TX,
to implement its Stay-in-School program in Bexar
County, TX.......................................... 300,000
Communities in Schools of Virginia, Richmond, VA, to
help students achieve academic success, particularly
those at risk of school failure..................... 100,000
Communities in Schools, Alexandria, VA, for national
program activities to coordinate community resources
to help youth stay in school........................ 1,200,000
Community Arts Program, Chester, PA for arts education.. 100,000
Community College of Baltimore County, Baltimore, MD,
for its Closing the Gap college preparation and
retention initiative for minority students,
including student scholarships...................... 320,000
Community Consolidated School District 168, Sauk
Village, IL, for education services for at-risk
students............................................ 100,000
Community Economic Empowerment Corporation, Louisville,
KY, for a childcare development center.............. 60,000
Community Foundation of Louisville, Louisville, KY for
educational programs................................ 60,000
Community Music School of Collegeville, Trappe, PA for
music education..................................... 100,000
Community of Caring, Salt Lake City, UT, to support a
National Office, in partnership with the University
of Utah, and to provide staff and program support... 500,000
Community Service Society of New York, NY, for the
Experience Corps Project, including volunteer
stipends, to provide literacy and educational
services to students................................ 300,000
Compassion Coalition, Utica, NY for after school
programs............................................ 75,000
Congreso De Latinos Unidos, Philadelphia, PA for
education programs for adjudicated adolescents ages
13-18............................................... 100,000
Connecticut Humanities Council, Middletown, CT, to
implement the Motheread/Fatheread family literacy
program............................................. 100,000
Connecticut International Baccalaureate Academy, East
Hartford, CT, for a Spanish Studies Program and a
Library of International Studies.................... 400,000
Cooperative Education Service Agency 8, Gillett, WI, for
staff development, training and technology.......... 75,000
Cornell School District, WI, for after school programs.. 250,000
Corridor Community Charter School, Bennett, CO for
educational programs................................ 100,000
COSI (Ohio Center of Science and Industry), Columbus,
OH, for professional development.................... 100,000
Council for America's First Freedom, Richmond, VA, to
expand its educational programs..................... 100,000
Cray Youth and Family Services, New Castle, PA, for
mentoring initiatives and program support for
disadvantaged youth................................. 25,000
Creative Visions in Des Moines, IA for outreach to at-
risk youth.......................................... 100,000
Crispus Attucks Association, Inc., York, PA for
education programs for high-risk, low-income youth.. 100,000
Crispus Attucks YouthBuild Charter School, York, PA, for
a school readiness initiative....................... 50,000
Crispus Attucks YouthBuild Charter School, York, PA, for
training and stipends............................... 50,000
Cumberland School District, WI, for after school
programs............................................ 200,000
Cuyahoga County Board of County Commissioners,
Cleveland, OH for an early childhood initiative..... 400,000
Daytop Village of New Jersey, Mendham, NJ for
educational programs................................ 500,000
Delaware Valley Historical Aircraft Association, Willow
Grove, PA, for education programs................... 75,000
Delta Regional Partnership, Rosedale, MS for the Delta
Education Partnership Online Assessment and
Interactive Accountability Instructional Program to
improve student achievement......................... 200,000
Delta-School Craft Intermediate School District in
Escanaba, MI for educational programs in the global
economy............................................. 500,000
Denison Independent School District, Denison, TX, for a
Help One Student to Succeed (HOSTS) Reading Centered
School Program...................................... 300,000
Denton Independent School District, Denton, TX for
English language program............................ 250,000
Denver Public Schools Foundation, Denver, CO for Lights
On After School programs............................ 250,000
DePaul School, Louisville, KY, for computer equipment... 50,000
Des Moines Community School District and Urban Dreams,
Des Moines, IA, to continue a demonstration on full
service community schools........................... 300,000
Des Moines Community School District to expand pre-
kindergarten programs............................... 250,000
Detroit Lakes Community Center, Detroit, MN, for K-12
education programs.................................. 300,000
Diamond Bar Center, Diamond Bar, CA, for Children's
Programs............................................ 257,000
Dinwiddie County Public School, Dinwiddie, VA, for
equipment........................................... 150,000
Director's Council of Des Moines, IA, to coordinate
youth services...................................... 250,000
Discovery Center of Science and Technology, Bethlehem,
PA, for educational programs and exhibits that will
demonstrate best practices for teaching science..... 100,000
DoubleTake Community Service Corporation, Somerville,
MA, for documentary curriculum development for
public school students.............................. 100,000
Dougherty County Public Schools, Albany, GA, for a
parent-teacher communications system................ 225,000
Eastchester Union Free School District, Eastchester, NY,
for after school programs and technology............ 200,000
Edinboro University, Edinboro, PA, for a Student
Achievement Gap Study............................... 125,000
EdSolutions, Inc., Nashville, TN, for an After School
Learning Program Pilot.............................. 500,000
Education Leaders Council, Washington, D.C., to expand
the Following the Leaders project in Iowa........... 3,000,000
Education Leaders Council, Washington, DC, for the
Following the Leaders project....................... 5,000,000
Education Leaders Council, Washington, DC, for the
Following the Leaders project in the State of
Tennessee........................................... 500,000
Education Leaders Council, Washington, DC, for the
Following the Leaders project program in Alaska..... 1,000,000
Education Service Center, Region 12, Hillsboro, TX, for
a GEAR UP college preparedness program.............. 500,000
Endeavor Academy in Titusville, FL for math and science
initiatives......................................... 100,000
Envision Schools, San Francisco, CA, for the City Arts
and Technology High School.......................... 250,000
Ephrata Performing Arts Center, Ephrata, PA, to develop
a music and arts education summer school program.... 25,000
Erie Art Museum, Erie, PA, for curriculum development
and educational outreach............................ 75,000
Erie Civic Theatre Association, Erie, PA, for outreach
and education programs for school students at the
Erie Playhouse...................................... 25,000
Erie Philharmonic, Erie, PA, for music education........ 25,000
ESF, Inc., Bryn Mawr, PA, for the after school and
summer school programs.............................. 50,000
Everybody Wins, NY, NY, for childhood literacy programs. 1,000,000
Exploratorium, San Francisco, CA, for an initiative to
integrate science, mathematics and technology
education into after school programs................ 250,000
Fairbanks North Star Borough School District in
Fairbanks, AK for the PLATO Learning system......... 100,000
Fairbanks North Star Borough School District, Fairbanks,
AK, for the 4 R (Reading, Reasoning, Relationships
and Relevance) Children's program................... 200,000
Fairfax County Public Schools, Fairfax VA, for the
Emergency Medical Services Academy.................. 50,000
Fairfax County Public Schools, Fairfax, VA for Chinese
language programs in Franklin Sherman Elementary
School and Chesterbrook Elementary School in McLean,
Virginia............................................ 200,000
Fairfax County Public Schools, Fairfax, VA for the
Enterprise School................................... 80,000
Fairfax County Public Schools, Fairfax, VA, for a
Waterford Early Reading Project..................... 100,000
Fairfax County Public Schools, VA, for the Advancement
Via Individual Determination Program at Glasgow
Middle School and Stuart High School................ 75,000
Fairmont School District #89, Lockport, IL for
technology, equipment and textbooks................. 150,000
Family Communications, Inc., Pittsburgh, PA, to develop
the Girls and Math Science Pittsburgh Partnership... 100,000
Family Life Center, Inc., Louisville, KY, for the St.
Stephen's Academy................................... 40,000
Father Maloney's Boy's Haven, Louisville, KY, for an
education program for children with special needs... 50,000
Fayetteville Technical Community College, Fayetteville,
North Carolina, for technology-training program for
teachers............................................ 250,000
Fight to Learn After School Program, Philadelphia, PA,
for after school programs........................... 50,000
First Book, Washington, DC to provide books to
disadvantaged children in Mississippi............... 100,000
First Gethsemane Center for Family Development,
Louisville, KY, for education programs.............. 40,000
Florida 4-H Foundation, Gainesville, FL, for youth/adult
partnerships to strengthen civic engagement......... 100,000
Florida Learning Alliance, Inc., Tallahassee, FL, for a
Collaborate with Florida Virtual School Project..... 250,000
Florida Orchestra, Inc., Tampa, FL, for an educational
program............................................. 250,000
Florida State University, Tallahassee, Florida, for a
Florida reading, math and science initiative........ 1,000,000
Flossmoor School District 161, Chicago Heights, IL, to
implement its Supporting Students with Appropriate
Interventions program for junior high school
students............................................ 100,000
Education Leaders Council, Washington, DC, for for the
Following the Leaders project in Clay County, WV and
Roane County, WV school districts................... 72,000
Education Leaders Council, Washington, DC, for the
Following the Leaders project to provide education
and related services in schools in northern Rhode
Island.............................................. 100,000
Folwell Neighborhood Association, Minneapolis, MN, for
the City Kids Co-op Program......................... 475,000
Fontana Teen Center, Fontana, CA, for after school
programs............................................ 320,000
Forest Area High School, Tionesta, PA, for curriculum
development......................................... 100,000
Fort Worth Independent School District, Fort Worth, TX,
for an English literacy initiative.................. 100,000
Foundation for the Improvement of Mathematics and
Science Education, San Diego, CA, to implement the
Blueprint for Student Success Project in San Diego
City Schools........................................ 450,000
Franklin Park Conservatory, Columbus, OH, for an In-
Service Training Program............................ 99,000
Frederick County Public Schools, Virginia for Chinese
language programs in James Wood High School in
Winchester, Sherando High School in Stephens City,
and Millbrook High School in Winchester, VA......... 25,000
Freedoms Foundation at Valley Forge, Valley Forge, PA,
for entrepreneurship education programs as part of
the Free Enterprise Institute....................... 100,000
French and Indian War 250, Inc., Pittsburgh, PA, for
educational programming and activities associated
with commemorating the French and Indian War........ 100,000
Fresno Metropolitan Museum, CA, for the Mobile Science
Project............................................. 100,000
From the Top, Boston, MA for music education activities
in Elgin, IL........................................ 100,000
Futures For Children, Albuquerque, NM to expand
educational services for Native American children... 1,000,000
Galena School District in Galena, AK to support
operation of its boarding school for low performing
Native students from remote villages across Western
Alaska.............................................. 500,000
Gateway Cities Partnership, Inc., Paramount, CA, for the
Math, Engineering, Science Achievement (MESA)
enrichment program.................................. 50,000
Georgia Project, Inc., Dalton, GA, for initiatives to
assist English language learners, including teacher
recruitment and professional development activities. 300,000
Gerda and Kurt Klein Foundation, Narbeth, PA, for
character education, tolerance education and
community service programs for high school students. 50,000
Gila County Schools, Globe, AZ for educational
programming......................................... 500,000
Gilman School District, WI, for after school programs... 200,000
Girl Scouts of Rhode Island, Inc., Providence, RI, for a
character education and after school initiative for
at-risk girls....................................... 200,000
Girl Scouts of the USA, Washington DC for Fair Play..... 150,000
Girls Today, Women Tomorrow, Los Angeles, CA, for after
school programs..................................... 200,000
Give Every Child A Chance, Manteca, CA, for educational
enrichment services................................. 300,000
Glendale School District, Flinton, PA, for technology... 50,000
Go For Broke Educational Foundation, Gardena, CA, for
curricula, materials, and teacher training to
support instruction about segregated military units
in World War II..................................... 100,000
GRAMMY Foundation, Santa Monica, CA for education
programs............................................ 150,000
Grantsburg School District, WI, for after school
programs............................................ 250,000
Great Lakes Museum of Science Environment & Technology,
Cleveland, OH, for science education programs....... 550,000
Great Projects Film Company, Inc., Washington, DC, to
produce ``Educating America,'' a documentary about
the challenges facing our public schools............ 50,000
Greater Columbus Learning Center, Columbus, MS for
literacy services................................... 75,000
Greater Philadelphia Urban Affairs Coalition,
Philadelphia, PA, for its Junior Journalism Project. 50,000
Greater Sacramento Urban League, Sacramento, CA, for a
dropout prevention program.......................... 167,000
Greenpoint Monitor Museum, Brooklyn, NY, to implement
its ``Road Show'' in New York City schools, and for
related activities.................................. 50,000
Groton Public School System, Groton, CT, for a learning
center, teacher training and after school
programming......................................... 100,000
Gulf County School Board, Port St. Joe, FL, for health
and physical education equipment.................... 100,000
Harford County Board of Education, Aberdeen, MD, for the
Math & Science Academy at Aberdeen High School...... 320,000
Harrod's Creek Community Development, Inc., Louisville,
KY, for education programs.......................... 25,000
Haskins Laboratories, New Haven, CT, for the Haskins
Early Reading Success Project for a mentor model of
teacher professional development in reading
instruction......................................... 250,000
Hastings-on-Hudson School District, Hastings-on-Hudson,
NY, for teacher professional development............ 30,000
Health Care Medical Technology, Pierre, SD, to develop
interactive Internet-based health education software
for K-12 students................................... 335,000
Heartbeats to the City, Inc., Canton, OH for after
school programs..................................... 150,000
Heartland Regional Community Foundation, St. Joseph,
Missouri, for technology, equipment and curriculum
development for the emPower Plant program........... 400,000
Helen Keller Worldwide, NY, for the ChildSight Vision
Screening Program and to provide eyeglasses to
children whose educational performance may be
hindered because of poor vision..................... 1,000,000
Helping Energize and Rebuild Ourselves, Inc. (H.E.R.O.),
Philadelphia, PA, for its after school program and
community computer center........................... 100,000
Heritage Health Foundation Inc., Braddock, PA for early
care and after school programs...................... 100,000
Hesperia Unified School District, Hesperia, CA, for an
after school program for middle school students..... 100,000
HighTechHigh-Los Angeles, Van Nuys, CA, for its
technology education program........................ 390,000
Hillsborough Community College, Tampa, FL, for its
Information Technology, Instructional Technology,
Innovative Teaching (IT3) Program to develop and
implement a technology training program for K-12
teachers............................................ 340,000
Hispanic Committee of Virginia, Falls Church, VA for
education programs.................................. 100,000
Hollidaysburg Area School District, Hollidaysburg, PA,
for an interactive instructional system............. 50,000
Homeless Children's Education Fund, Pittsburgh, PA, for
technology and to develop educational programming
for homeless children............................... 25,000
Homewood School District 153, Homewood, IL, for
diversity training, and after school and mentoring
initiatives......................................... 100,000
Horton's Kids, Inc., Washington, D.C., for education
support and program expenses........................ 80,000
Houston Independent School District, Houston, TX, to
establish multi-purpose early childhood education
centers............................................. 770,000
Houtzdale Regional Police, Houtzdale, PA, to support
improved student achievement through drug prevention
activities.......................................... 25,000
Hudson River Performing Arts Center in Weehawke, NJ for
educational outreach programs....................... 16,000
Humphreys County Library System, Belzoni, MS for access
and collections improvements........................ 150,000
Huntingdon College, Montgomery, AL, for training K-12
teachers in the use of education technology......... 250,000
I CAN LEARN Education Systems, New Orleans, LA, to
implement its standards-based mathematics program in
one or more school districts........................ 500,000
I CAN LEARN, New Orleans, LA............................ 3,000,000
I CAN LEARN, New Orleans, LA to install and implement
its pre-algebra and algebra educational software
system in at least six additional schools in the
Mississippi Delta................................... 2,000,000
I Know I Can, Columbus, OH, for early college awareness
programs............................................ 350,000
Illinois Mathematics and Science Academy, Aurora,
Illinois, for the 21st Century Information Fluency
Program............................................. 500,000
Illinois State Board of Education, Springfield, IL, for
Elgin U 46 for professional growth opportunities.... 350,000
Illinois State Board of Education, Springfield, Illinois
for Aurora East Unit School District #131 for career
and technical studies............................... 150,000
Illinois State Board of Education, Springfield, Illinois
for Community Unit School District #300 for school
improvement......................................... 150,000
IN TUNE Foundation, Santa Monica, CA, for its Kids in
Tune character education, music and arts education
programs............................................ 500,000
Independence School District, Independence, MO, for
before- and after-school programs................... 350,000
Inner Harmony Foundation, Scranton, PA for curriculum
development......................................... 100,000
Institute for Education and the Arts, Washington, DC, to
extend the Institute's K-12 education program....... 200,000
Institute for Educational Leadership, Washington, DC,
for a Coalition for Community Schools project to
facilitate the creation of community schools........ 300,000
Institute for Student Achievement, Lake Success, NY, for
educational programs for at-risk students........... 1,000,000
Institute for Student Achievement, Lake Success, NY, for
educational programs for at-risk students at
Annandale and Falls Church High Schools in Virginia. 150,000
Institute for Student Achievement, Lake Success, NY, for
school reform activities, at Ossining High School,
NY, in partnership with Columbia University......... 350,000
Institute for Student Achievement, Lake Success, NY, for
school reform activities, including teacher
stipends, at Park East High School in Manhattan..... 100,000
Institute for Student Achievement, Lake Success, NY, to
implement school reform activities in certain school
districts in New York............................... 900,000
Institute of Heart Math, Boulder Creek, CO for a teacher
retention and student dropout prevention program.... 750,000
Intermediate Unit #17, Williamsport, PA, for
technological infrastructure to support school
districts and enhance their access to information
technology.......................................... 100,000
International Center for the Preservation of Wild
Animals, Cumberland, OH, for an educational program. 625,000
International House of Philadelphia, Philadelphia, PA,
to provide standards-based educational programs to
prepare high school students for careers in
engineering, science, and math...................... 50,000
International Music Products Association, Carlsbad,
California, for music education..................... 125,000
Invent Iowa to encourage kids to invent and hold fairs
to display those inventions......................... 100,000
Iowa Association of School Boards, Des Moines, IA for
the Lighthouse for School Reform project............ 650,000
Iowa Department of Education to continue and expand a
demonstration program for additional bilingual and
English as a Second Language training............... 1,100,000
Iowa Department of Education to continue the Harkin
grant program....................................... 15,000,000
iPraxis, Philadelphia, PA to develop and conduct
educational programs and workshops to inform
teachers and students of opportunities in scientific
fields.............................................. 50,000
Jacob's Pillow, Lee, MA, for performing arts educational
programs............................................ 100,000
James Madison University, Harrisonburg, VA for the
National Center for Rural Science and Mathematics
Education........................................... 300,000
Jamestown 2007 Commission, Jamestown, VA, for curriculum
development associated with the 400th Anniversary of
the settling of Jamestown........................... 100,000
JASON Foundation for Education, Needham Heights, MA, for
STEP-UP in Ohio..................................... 300,000
Jasper Area Family Services Center, Jasper, AL, for
technology and education programs................... 25,000
Jazz at Lincoln Center, New York, NY, for jazz education
programs............................................ 400,000
Jersey Shore High School, Jersey Shore, PA, for
curriculum development.............................. 100,000
Jewish Community Centers of Philadelphia--Klein Branch,
Philadelphia, PA, for an early childhood development
program, which may include scholarships for students 50,000
Joplin R-VII Public Schools, Joplin, MO for Success
Builders At Risk program............................ 162,000
Joy2Learn Foundation, Palos Verdes Estates, CA, to
create and disseminate curricula integrating the
arts, and for professional development.............. 120,000
Junior Achievement, Colorado Springs, CO, to develop JA
Enterprise Village.................................. 2,500,000
Kanawha County Board of Education, Clendenin, WV for the
Herbert Hoover High School Technology Project....... 135,000
Kensington Area Ministries, Philadelphia, PA, to support
after school programs at Iglesia Del Barrio......... 50,000
Kids Voting USA, Tempe, AZ, for voter participation
programs through its national and affiliate offices. 250,000
Kids with A Promise--The Bowery Mission, Bushkill, PA... 100,000
KIPP Foundation, San Francisco, CA for KIPP schools in
Oklahoma City, including subgrants.................. 50,000
KIPP Foundation, San Francisco, CA for leadership
training and extended learning time at KIPP schools,
including subgrants................................. 3,000,000
KIPP Foundation, San Francisco, CA to subgrant to KIPP
schools in the State of Tennessee to support student
programs............................................ 150,000
KIPP Foundation, San Francisco, CA, for curriculum
development and teacher training for California
schools, including subgrants........................ 200,000
KIPP Foundation, San Francisco, CA, to subgrant to KIPP
Philadelphia Charter School for educational programs 25,000
KnowledgeWorks, Cincinnati, OH for P-16 Education in
Ohio................................................ 200,000
KnowledgeWorks, Cincinnati, OH for the Ohio High School
Transformation Initiative........................... 1,000,000
Kutztown University, Kutztown, PA, to develop education
programs to enhance the academic skills and foster
the interest of area high school students in higher
education........................................... 50,000
La Salle University, Philadelphia, PA, for the
University Science and Technology Center to support
math and science instruction for teachers........... 100,000
Labor and Industry for Education, Hewlett, NY, for after
school and prevention programs for at-risk youth.... 500,000
Ladysmith-Hawkins School District, WI, for after school
programs............................................ 250,000
LAMP Life Center Ministries, Inc., Louisville, KY for
educational programs................................ 15,000
Lancaster County Career & Technology Foundation, Mount
Joy, PA, to develop curriculum and training programs
for early childhood educators....................... 50,000
Lanett City Schools, Lanett City, AL, for a JROTC
program............................................. 50,000
Laramie County School District One, Cheyenne, WY, for an
English as a Second Language Pilot Project.......... 185,000
LA's Best in Los Angeles, CA, for the After-School
Enrichment Program.................................. 400,000
Learning Collaborative, Indianapolis, IN, for the Smart
Desktop Initiative.................................. 500,000
Learning Point Associates/North Central Regional
Education Laboratory, Naperville, IL for No Child
Left Behind implementation technical assistance..... 150,000
Lemay Child & Family Center, St. Louis, MO, for early
childhood education and family literacy programs.... 180,000
Leonardo Center for Art in cooperation with the Salt
Lake City Corporation for arts education............ 300,000
Lesley University in Cambridge, MA for a pilot teacher
training program in Nevada.......................... 100,000
Line Mountain School District, Trevorton, PA, to develop
a pilot project designed to offer specialized
curriculum and vocational training related to
careers in volunteer firefighting................... 50,000
Literacy, Education and Ability Program, Memphis, TN to
support educational services........................ 250,000
Little Earth Resident's Association, Minneapolis, MN,
for a learning and technology center................ 75,000
Livingston Parish School District, Livingston, LA for
equipment........................................... 100,000
Loess Hills Area Education Agency in Iowa for a
demonstration in early childhood education.......... 750,000
Logan City School District, Logan, UT, for support of
the Early Reading Assistance Project................ 200,000
Loneman School in Oglala, South Dakota for a Lakota
language preservation program....................... 150,000
Long Beach Unified School District, CA, for High School
reform.............................................. 100,000
Louisiana Tech University, Ruston, LA for Project LIFE
teacher training.................................... 150,000
Louisiana Youth Seminar in New Orleans, LA for training
high school leaders................................. 150,000
Lucille Beserra Roybal Youth and Family Center, Los
Angeles, CA, for computers and technology........... 75,000
Lycoming Career and Technology Center, Williamsport, PA
for an information technology program............... 40,000
Madison Local School District, Madison, OH, for
equipment........................................... 75,000
Maine Alliance for Arts Education, Augusta, ME to
support arts education.............................. 100,000
Mamaroneck Union Free School District, Mamaroneck, NY,
for a summer academy for elementary and middle
school students..................................... 50,000
Manchester Youth Development Center, Pittsburgh, PA, to
provide mentoring and after school programs for at-
risk youth.......................................... 75,000
Mann Center for the Performing Arts, Philadelphia, PA to
support arts education.............................. 100,000
Maricopa County Regional School District, Phoenix, AZ,
for educational services at the Thomas J. Pappas
Schools in Phoenix and Tempe, AZ.................... 250,000
Marketplace for Kids in Mandan, ND for an
entrepreneurial education program................... 200,000
Marshfield School District, WI, for distance education
and equipment....................................... 125,000
Maryland State Department of Education, Baltimore, MD,
to develop, implement and evaluate Internet-enhanced
instruction......................................... 250,000
Marywood University, Scranton, PA, for technology and
curriculum development for the Center for Assistive
Technology laboratories to provide training to K-12
educators on teaching practices..................... 200,000
Maspeth Townhall, Queens, NY, for after school programs. 100,000
Matteson Elementary School District 162, Matteson, IL,
for the Matteson Fellowship Program for academically
talented students, including equipment and
technology.......................................... 100,000
Maui Economic Development Board in Hawaii for the Girls
Into Science Program................................ 300,000
McKelvey Foundation, New Wilmington, PA, to support
McKelvey entrepreneurial college scholarships for
rural, low-income Pennsylvania high school graduates 300,000
Mellen School District, WI, for after school programs... 200,000
MENTOR/National Mentoring Partnership, Alexandria, VA,
to develop the Pennsylvania Mentoring Partnership
and expand mentoring services in Philadelphia....... 25,000
Mercer School District, WI, for after school programs... 250,000
Meredith-Dunn Learning Disabilities Center, Inc.,
Louisville, KY for a counselor...................... 20,000
Mesorah Heritage Foundation, Brooklyn, NY, for
translation of classic texts and development of an
English literature curriculum....................... 750,000
Messiah College, Grantham, PA, to support initiatives to
improve educational opportunities for children in
grades K-12......................................... 100,000
Miami University, Oxford, OH, for preservation of the
McGuffey Readers collection......................... 150,000
Miami-Dade County Public Schools, FL, for a teacher
training program on literacy........................ 250,000
MicroSociety, Inc., Philadelphia, PA, to further develop
and disseminate a whole school model of reform...... 100,000
Military Heritage Foundation, Carlisle Barracks, PA, for
the United Sates Army Heritage and Education Center
for education materials and programs on military and
social history...................................... 175,000
Milken Family Foundation, Santa Monica, CA, for the
Teacher Advancement Program......................... 2,000,000
Milton S. Eisenhower Foundation, Washington, DC, for its
full-service community schools initiative in
Maryland............................................ 250,000
Milton S. Eisenhower Foundation, Washington, DC, to
replicate the full-service community school program
in Pennsylvania..................................... 200,000
Milwaukee Public Schools, Milwaukee, WI, for before- and
after-school programs............................... 1,200,000
Minnesota Humanities Commission, St. Paul, MN for an
English literacy initiative......................... 100,000
Mira Loma High School, Sacramento, CA, for the
International Baccalaureate program................. 83,000
Mississippi Museum of Art, Jackson, MS, for Hardy Middle
School After School Program......................... 500,000
Mississippi State University, Starkville, MS, Center for
Economic Education and Financial Literacy for
teacher training in economics instruction........... 100,000
Missoula Public School District, Missoula, MT to
establish a technology and standards based learning
program in the Missoula Public School District...... 500,000
Montana State University, Billings, MT for training of
site-bound rural paraeducators in Montana, South
Dakota and Wyoming.................................. 1,500,000
Montgomery Area School District, Montgomery, PA for
curriculum development.............................. 100,000
Moore College of Art and Design, Philadelphia, PA for
equipment and scholarships for the Young Artists
Workshop............................................ 50,000
MORE HEALTH, Inc., Tampa, FL, for a nutrition program... 90,000
Motown Center, Detroit, MI, to develop and implement
curricula, music education, and after school
programs............................................ 400,000
Mountain Arts Center, Prestonsburg, KY, for expansion of
its Music and Arts Development Program.............. 100,000
Muntu Dance Theatre of Chicago, Chicago, IL, for arts
education programs.................................. 300,000
Murfreesboro City Schools, Murfreesboro, TN, for an
early childhood education pilot program............. 100,000
Murray City School District, Murray, UT, for after
school and summer academic and enrichment programs.. 200,000
Murray State University, Murray, KY for a Center for
Teacher Excellence in Science and Mathematics....... 300,000
National Association of Music Education (MENC), Reston,
VA, to develop and disseminate information on model
music education programs............................ 50,000
National Aviary, Pittsburgh, PA for technology for the
Flite-Zone immersive classroom and expansion of
nature education programs........................... 100,000
National Aviation Hall of Fame, Dayton, OH, for Project
Sky Reach........................................... 200,000
National Baseball Hall of Fame and Museum, Cooperstown,
NY for educational outreach using baseball to teach
students through distance learning technology....... 450,000
National Center for Electronically Mediated Learning,
Inc., Woodbridge, CT, for the P.E.B.B.L.E.S. Project 400,000
National Center for Family Literacy, Louisville, KY, for
education outreach efforts.......................... 85,000
National Center for Fathering, Inc., Kansas City, MO to
improve student achievement through a school-based
safety program...................................... 425,000
National Character Education Foundation, PA to conduct
outreach programs in character education in PA
schools............................................. 100,000
National Charter Schools Institute, Mt. Pleasant, MI to
expand the Virtual Training Center and Clearinghouse 200,000
National Foundation for Teaching Entrepreneurship
Pennsylvania, Pittsburgh, PA, to provide financial
literacy and entrepreneurship education to low-
income and minority youth and to train educators in
Pennsylvania........................................ 100,000
National History Day for a history competition in Iowa.. 100,000
National Italian American Foundation, Inc., Washington,
DC, for teacher training and to expand cultural
programs............................................ 50,000
National Liberty Museum, Philadelphia, PA for a teacher
training program to assist educators in addressing
violence in schools................................. 500,000
National Native American Professional Development Center
Foundation, Sheridan, Wyoming to establish a center
to train teachers serving Native American students
in an early literacy learning and math framework.... 100,000
National Student/Parent Mock Election, Tucson, AZ, for
its voter education program......................... 225,000
National Urban Technology Center, New York, NY, for the
Youth Leadership Academy character education
curriculum in Pennsylvania.......................... 50,000
Natural Resource Education Center at Moosehead, Inc.,
Greenville, Maine, for education programs, which may
include the purchase of equipment and technology.... 250,000
Navajo County Schools, Holdbrook, AZ, for educational
programming......................................... 500,000
Naval Undersea Museum Foundation, Keyport, WA, for its
Science Education Alliance program to enhance
science instruction in local school districts....... 240,000
Neighborhood Centers Association, Pittsburgh, PA, for
support of after school and mentoring programs,
including technology upgrades....................... 50,000
Nevada Humanities, Reno, NV to create the first and only
comprehensive reference work on Nevada.............. 350,000
New Auburn School District, WI, for after school
programs............................................ 200,000
New Futures, Burien, WA, for education and family
literacy programs................................... 320,000
New London Public Schools, New London, CT, for the
development and implementation of preparatory
academies and teacher training...................... 100,000
New Mexico State University for the Southern New Mexico
Science, Engineering, Mathematics and Aerospace
Academy............................................. 15,000
New School University, New York, NY, for a pilot program
to provide supplementary services and support for
at-risk, low-income high school students............ 250,000
New York University Child Study Center, New York, NY,
for a ParentCorps project........................... 350,000
New Zion Community Foundation, Inc., Louisville, KY, for
education programs.................................. 49,000
Nome Public Schools for the Northwestern Alaska Career
and Technical Center to provide variety of
vocational training courses to high school students
in Nome, Alaska and the Bering Straits region....... 500,000
North Carolina Central University, Durham, NC, for
academic enrichment and mentoring activities for at-
risk students....................................... 125,000
North Carolina Electronics and Information Technologies
Association Education Foundation, Inc., Raleigh, NC,
for a technology demonstration project in the 2nd
Congressional District.............................. 250,000
North Carolina Electronics and Information Technologies
Association Education Foundation, Inc., Raleigh, NC,
for a technology demonstration project in the 7th
Congressional District.............................. 250,000
North Carolina Electronics and Information Technologies
Association Education Foundation, Inc., Raleigh, NC,
for the school technology demonstration............. 500,000
North Central Regional Education Laboratory, Naperville,
IL for technical assistance activities.............. 250,000
North Country Education Services Agency, Gorham, New
Hampshire for educational opportunities through the
North Country Gear Up College Prep Initiative....... 300,000
North East Trees, Los Angeles, CA, for its Youth
Environmental Career Training Program, including
student support..................................... 185,000
North Rockland Central School District, Garnerville, NY,
for technology and teacher training to improve
student science and literacy skills................. 60,000
North Slope Borough School District, AK for an Early
Childhood Education Program for children in North
Slope Borough villages.............................. 300,000
Northeastern Pennsylvania Educational Television
Association (WVIA), Pittston, PA, to integrate the
Between the Lions program into the classroom to
improve the English language and literacy skills of
Spanish-speaking youth.............................. 50,000
Northern Hills Family YMCA in Lead, South Dakota for
after-school programs............................... 100,000
Northern Lakes Network Consortium, Brainerd, MN to
create the Northern Lakes Network Consortium Online
Assessment and Interactive Accountability
Instructional Program............................... 100,000
Nuweetooun School at Tomaquag Museum, Exeter, RI to
improve education for Native American children...... 50,000
Nye County School District, Pahrump, NV, for computers.. 81,000
Oakland Unified School District, Oakland, CA, for the
purchase, implementation, and maintenance of a
district-wide student information system............ 320,000
Oakwood School, Annandale, VA, to provide special
education services to children with learning
disabilities........................................ 50,000
Office of Superintendent of Public Instruction, Olympia,
WA, to support the student engagement project....... 175,000
Ogden City School District, Ogden, UT, for After School
Remedial and Summer Bridge Program.................. 300,000
Ohio Board of Regents, Columbus, OH for the Third
Frontier Network--Science Education................. 750,000
Ohio Department of Education, Columbus, OH for Education
Ohio................................................ 750,000
Oklahoma State Department of Education, Oklahoma City,
Oklahoma, to sustain and expand their handheld
computer program.................................... 200,000
Old Fort No. 4 Associates, Charlestown, New Hampshire
for an education outreach program, focusing on early
American history and early New Hampshire history.... 200,000
Omaha Home for Boys, Omaha, NE, for a before- and after-
school program to improve the quality of education
for at risk youth................................... 250,000
One World Now!, Seattle, WA, for after school programs
and student scholarships for study in foreign
countries........................................... 250,000
Ontario School District, Ontario, OR for English
language instruction................................ 130,000
Opera Company of Philadelphia, Philadelphia, PA for the
Sounds of Learning arts education program........... 100,000
Orange County Fire Authority, Orange, CA, for K-12 fire
safety and emergency preparedness education programs 40,000
Orrville Area Boys and Girls Club, Orrville, OH for
computer technology................................. 15,000
Osseo Area Schools--Independent School District 279,
Maple Grove, MN, for an online assessment and
interactive instructional program................... 200,000
Ossining Union Free School District, Ossining, NY, for
academic, enrichment and technology services for
middle school students.............................. 100,000
Pacific Islands Center for Educational Development in
American Samoa for educational programs............. 400,000
Parents as Teachers National Center, St. Louis, MO to
better reach and serve families with limited English
proficiency......................................... 1,600,000
Parents Inc., Anchorage, AK for a mentoring and youth
program............................................. 600,000
Park Falls School District, WI, for educational services 200,000
Patrick County Education Foundation, Stuart, VA, for a
college access initiative, including GED assistance
for individuals who have dropped out of high school. 140,000
Pelham Union Free School District, Pelham, NY, for its
``Every Child Can Read'' project, including
technology.......................................... 51,000
Pendleton County Board of Education, Franklin, WV, for a
Distance Learning Initiative........................ 18,000
Penn State Public Broadcasting, University Park, PA, to
develop and disseminate print and multi-media
teacher training materials.......................... 50,000
Pennsylvania Academy of Music, Lancaster, PA, to develop
and conduct a performance-based, classical music
education program................................... 50,000
Pennsylvania Association of Latino Organizations, Inc.,
Harrisburg, PA, to assist Latino organizations in
Pennsylvania in developing educational and training
resources to enhance education skills and address
dropout rates....................................... 50,000
Pennsylvania Ballet Association, Philadelphia, PA, for
outreach and education programs..................... 100,000
Pennsylvania Educational Leadership Foundation,
Summerdale, PA, to implement comprehensive school-
to-career program in Pennsylvania schools........... 50,000
Pennsylvania State System of Higher Education,
Harrisburg, PA, to develop a model program to assist
teachers in integrating technology into the
classroom........................................... 150,000
Pennsylvania Veterans Museum, Media, PA, for exhibit
development and educational materials............... 75,000
Performing Arts and Education Association of Southwest
Iowa, Red Oak, IA................................... 50,000
Philadelphia Foundation, Philadelphia, PA, for a Sports
and Entertainment Career Expo to expose high school
students to career opportunities in the sports
industry............................................ 50,000
Philadelphia Health Management Corporation,
Philadelphia, PA, in collaboration with the National
Center for Learning Disabilities, to conduct early
childhood literacy training and program development
activities as part of the Get Ready to Read!
Initiative.......................................... 100,000
Philadelphia Martin Luther King, Jr. Association for
Nonviolence Inc., Philadelphia, PA, for the College
for Teens program................................... 250,000
Philadelphia Orchestra, Philadelphia, PA, for
educational programs................................ 200,000
Philadelphia Safe and Sound, Philadelphia, PA, to offer
comprehensive youth development activities,
including after-school programming, as part of a
full community school approach...................... 100,000
Philadelphia Theatre Company, Philadelphia, PA, for
education and outreach programs which will foster
artists-in-school partnerships...................... 75,000
Philadelphia Zoo, Philadelphia, PA, for the Zoo Home
School Education programs and the Zoo Apprentice
programs............................................ 250,000
Phipps Conservatory and Botanical Gardens, Pittsburgh,
PA, to provide educational programs for students
visiting the gardens................................ 100,000
Piedmont Community Foundation, Middleburg, VA for after
school programs..................................... 50,000
Pinnellas County School District, Largo, FL, for a pilot
project for online assessment and interactive
accountability instructional program................ 500,000
Pittsburgh Ballet Theatre, Pittsburgh, PA, for an arts
education and outreach program...................... 25,000
Pittsburgh Life Science Greenhouse, Pittsburgh, PA, to
develop an educational curriculum to encourage
students to pursue careers in life sciences industry 50,000
Pittsburgh Parks Conservancy, Pittsburgh, PA, for
education programs and curriculum development....... 100,000
Pittsburgh School District, Pittsburgh, PA, for a
Reserve Teacher Corps initiative.................... 100,000
Pittsburgh Symphony Orchestra, Pittsburgh, PA, for
support of music education and outreach programs.... 100,000
Pittsburgh Voyager, Pittsburgh, PA, for math and science
education........................................... 75,000
Playhouse Square Foundation, Cleveland, OH for
educational programs................................ 400,000
Plymouth Community Renewal Center, Louisville, KY, for
education programs.................................. 30,000
Pocono Environmental Education Center, Dingmans Ferry,
PA, for summer literacy and environmental education
programs............................................ 50,000
Pointe Coupee Parish School System, New Roads, LA for
technology and computer infrastructure.............. 200,000
Polk County School Board, Bartow, FL, for a Leap Track
Assessment and Instruction System for Grades K-5.... 60,000
Polynesian Voyaging Society in Honolulu, Hawaii for
educational programming............................. 50,000
Port Chester--Rye Union Free School District, Port
Chester, NY, for extended day, teacher professional
development, parent education, and other services to
implement full service community schools, including
the Open Door Clinic................................ 425,000
Portland United Methodist Center, Louisville, KY, for
academic support programs........................... 50,000
Powell Gardens, Kingsville, MO to teach elementary and
secondary students about water conservation and
plant science through educational programs.......... 250,000
Presbyterian Community Center, Louisville, KY, for youth
development education............................... 50,000
Prince William County Public Schools, Manassas, VA, for
Bilingual Literacy Extended Kindergarten Program.... 150,000
Prince William County Public Schools, Manassas, VA, for
Middle School Reading and Math Remediation Program.. 150,000
Project 2000, Washington, DC, for after school programs
to provide academic and mentoring services to inner
city youth.......................................... 125,000
Project GRAD-USA Inc., Houston, TX, for continued
support and expansion of the program focusing on
school reform....................................... 20,000,000
Project HOME, Philadelphia, PA, for an after school
program............................................. 150,000
Project Rainbow, Philadelphia, PA, to provide early
childhood services and after-school programs........ 250,000
Proyecto Pastoral, Los Angeles, CA, for computers,
furnishings and programmatic support for a pre-
school center....................................... 75,000
Public/Private Ventures, Philadelphia, PA, for training
and technical assistance to support the Youth
Education for Tomorrow after school, literacy model. 50,000
Puget Sound Center Foundation, WA, for programs in
science, technology, engineering and math among
girls and other underrepresented groups............. 200,000
QUILL Productions, Inc., Aston, PA, to develop and
disseminate programs to enhance the teaching of
American history.................................... 25,000
Quindaro Development Corp., Kansas City, KS, for a
computer learning center and related services....... 150,000
Randolph County Board of Education, Cuthbert, GA, for
its READS initiative................................ 25,000
Reading Instruction, Chicago, for the Chicago Public
Schools' Chicago Reading Initiative, a research-
based instruction to improve reading achievement
levels in major urban areas......................... 200,000
Reading is Fundamental, Washington, DC to establish a
program in Alaska................................... 50,000
ReadNet Foundation, New York, NY, for curriculum
development......................................... 275,000
Recognizing Achievement and Rewarding Excellence (RARE)
Foundation, Troy, MI for a character education
program............................................. 175,000
Regional Office of Education, Loves Parks, IL, for a Web
Wise Kids project................................... 250,000
Re-Inventing Schools Coalition of Anchorage, AK to
expand its Alaska Quality Schools Model............. 500,000
Research for Better Schools, Philadelphia, PA, to
provide research-based technical assistance to
school districts.................................... 50,000
Rio Rancho Public Schools, Rio Rancho, NM for math and
science teacher training............................ 400,000
Riverside County Office of Education, Riverside, CA, for
the Riverside County Achievement Team Plus Program.. 200,000
Rodale Institute, Kutztown, PA for development and
support of a health and environmental education Web
site for children................................... 100,000
Rose Hill Public School District, Rose Hill, KS for
technology.......................................... 300,000
Roseville City School District, Roseville, CA, for an
English Instruction Program......................... 200,000
Rosmond Gifford Zoo, Syracuse, NY for an educational
program............................................. 200,000
Rye Neck Union Free School District, Mamaroneck, NY, for
extended day and summer education services for
English language learners, and for family literacy
services............................................ 28,000
Sabine Parish School Board, Many, LA, for a Bridging the
Gap in Public Education Project..................... 167,000
Saint Louis Park School District, Saint Louis Park, MN,
for the 9th Grade Asset Builders Program at Saint
Louis Park High School.............................. 150,000
Saint Anthony Community Outreach Center, Inc.,
Louisville, KY, for program expansion............... 25,000
Saint Elizabeth's Foundation to develop, implement, and
promote a middle school adoption awareness
curriculum for use by health-social studies teachers
and other youth educators........................... 100,000
Saint Joseph's University, Philadelphia, PA, to develop
a Public Education Partnership to provide
professional development for area principals and
teachers............................................ 100,000
Saint Martin Center Inc., Erie, PA, for before and after
school programs..................................... 25,000
Saint Mary's Center, Louisville, KY, for educational
programs............................................ 40,000
Salt Lake Community College, Salt Lake City, UT, for an
English language software system.................... 200,000
San Bernardino City Unified School District, San
Bernardino, CA for vocational training and work
opportunities program............................... 350,000
San Bernardino County Superintendent of Schools, San
Bernardino, CA, for an English Language Learners
Initiative.......................................... 500,000
San Bernardino County Superintendent of Schools, San
Bernardino, CA, for school-to-careers initiatives,
including The Alliance and Virtual Hi-Tech High..... 320,000
Santa Barbara Center for the Performing Arts,
California, for arts education programs............. 60,000
Santa Barbara County Education Office, Santa Barbara,
CA, for Sobriety High School........................ 100,000
Save the Children, Washington, D.C. to support the
Mississippi River Delta sub office for after school
programs for low-income children in rural
Mississippi......................................... 100,000
Save the Children, Westport, CT, for the Accelerated
Reading program for low-income children in Arkansas. 350,000
Save the Children, Westport, CT, to implement the
Accelerated Reader program for low-income children
in South Carolina................................... 450,000
School Board of Broward County, Fort Lauderdale, FL, for
the Broward Virtual University online teacher
professional development initiative................. 100,000
School District of Palm Beach County, FL, West Palm
Beach, FL, for a Family Literacy Project............ 480,000
School District of Palm Beach County, West Palm Beach,
FL, for its New Teacher Mentor Program.............. 400,000
Scotland County School District, Laurinburg, North
Carolina, to implement a HOSTS Reading Centered
School Program...................................... 50,000
Search to Involve Philipino Americans, Los Angeles, CA,
for after school programs, including technology..... 75,000
Settlement Music School, Philadelphia, PA, to support
arts education...................................... 100,000
Shawnee Gardens Tenants Association, Inc., Louisville,
KY, for education programs.......................... 25,000
Shelby County Schools, Memphis, TN, for its Project
Start Smart early childhood education initiative.... 150,000
Shell Lake School District, WI, for after school
programs............................................ 200,000
Shiloh Community Renewal Center, Louisville, KY, for
after school programs............................... 60,000
Sioux City Community School District in Sioux City, IA
to continue and expand the implementation of testing
software in Iowa.................................... 500,000
Smith Memorial Playgrounds and Playhouse, Philadelphia,
PA, to develop and expand after school programs with
a focus on literacy skills.......................... 25,000
Sophia Academy, Providence, RI to support educational
programs for girls from socio-economically
disadvantaged backgrounds........................... 150,000
South Dakota Department of Education, Office of Career
and Technical Education, Pierre, SD, for the Health
Occupations for Today and Tomorrow project.......... 65,000
Southern Illinois University--Carbondale, College of
Education and Human Services, Carbondale, IL, for
the Saluki Kids' Academy............................ 300,000
Southern Tioga School District, Blossburg, PA for
curriculum development.............................. 100,000
Southwest/West Central Services Cooperative, Marshall,
MN, for a youth mentoring and business education
program............................................. 340,000
Space Education Initiatives, Green Bay, WI for the
Wisconsin Space Science Initiative.................. 163,000
Spooner School District, WI, for after school programs.. 200,000
Springfield Regional Arts Council, Springfield, MO, for
arts education...................................... 1,400,000
Springfield School District #186, Springfield, IL, for a
middle school history experience.................... 95,000
Springfield School District 19, Springfield, OR, for its
Schools Plus Initiative............................. 200,000
SquashSmarts, Philadelphia, PA, to provide academic
tutoring and mentoring of underserved, urban middle
school students as part of an after school program.. 50,000
St. Petersburg College, St. Petersburg, Florida, to
establish the Center for Teaching Transformation.... 350,000
Stan Hywet Hall and Gardens, Akron, OH, for educational
development and curriculum programming.............. 100,000
Stark County Educational Service Center, Canton, OH for
an elementary math and science program.............. 250,000
Starr Commonwealth, Van Wert, OH, for the No Disposable
Kids (NDK) program.................................. 200,000
State of Alaska Department of Education and Early
Development for the Alaska Community Pre School
Project............................................. 500,000
State of Alaska Department of Education and Early
Development project to meet standards of No Child
Left Behind through teacher mentoring and retention
strategies.......................................... 1,500,000
State of Alaska Department of Education and Early
Development to continue funding for its Right Start
extended-day kindergarten program................... 1,000,000
State University of New York at Cortland, Cortland, NY
for recruitment of students to science teaching..... 150,000
State University of New York-Oswego, Syracuse, NY for
the Roads from Seneca Falls project................. 215,000
Success for All Foundation, Inc., Baltimore, MD, for a
fully aligned system for district and state
education reform in Indiana......................... 1,400,000
Summer Camp Opportunities Provide an Edge (SCOPE), New
York, NY for YMCA Camps Skycrest, Speers and
Elijabar............................................ 30,000
Summerbridge Louisville, Inc., Louisville, KY, for
education programs.................................. 25,000
SURE Foundation, Washington, DC for computers and
educational materials............................... 175,000
Swope Community Builders, Kansas City, MO for education
programs serving students in the Brush Creek
Strategy Area....................................... 125,000
Syracuse Symphony Orchestra, Syracuse, NY for
educational programs................................ 200,000
Talladega County Schools, Talladega, AL, for equipment.. 100,000
Tarrytown Union Free School District, Sleepy Hollow, NY,
for after school programs and family literacy
activities.......................................... 250,000
Teach for America to expand into Clark County, NV....... 250,000
Teach for America, New York, NY for continued expansion. 1,000,000
Technical Expositions and Conferences, Inc., Columbia,
SC for Camp Success................................. 100,000
Teen Center of Wilton, Inc., Wilton, CT, for after-
school programs..................................... 100,000
Temple University, Philadelphia, PA, to develop programs
to address student achievement in math and literacy. 200,000
Texas Tech University, Lubbock, TX, for expanding
opportunities in math and science education at the
Hill Country Campus................................. 100,000
The Story Project, Culver City, CA, to support after
school literacy programs for junior high and high
school students..................................... 250,000
THINK Together, Santa Ana, California, for after school
programs............................................ 400,000
Thomas J. Pappas Elementary School, Phoenix, AZ, for
Project TEAMS....................................... 250,000
Thornton Fractional Township High School District 215,
Calumet City, IL, to develop an alternative school
for chronic truants................................. 100,000
Thorp School District, WI, for after school programs.... 250,000
TIDES Center in Seattle, WA, for One World Now!, a
project to expand language programs in after school
programs............................................ 200,000
Tiger Woods Foundation, Los Alamitos, CA, to offer
programs to at-risk youth........................... 100,000
Titusville YMCA, Titusville, PA, for technology and
equipment........................................... 100,000
To provide assistance to low-performing schools,
$18,000,000 shall be for a grant to the Commonwealth
of Pennsylvania Department of Education to provide
assistance, through subgrants, to low-performing
school districts. The Commonwealth initiative is
intended to improve the management and operations of
the school districts; assist with curriculum
development; provide after-school, summer and
weekend programs; offer teacher and principal
professional development and promote the acquisition
and effective use of instructional technology and
equipment........................................... 18,000,000
Today Foundation, Dallas, TX, for the Imagination
Station literacy program to deliver reading
curriculum over the Internet using animation........ 50,000
Toledo Public Schools, Toledo, OH, for its Construction
Career Academy...................................... 275,000
Toledo Zoo, Toledo, OH for Thinking Works............... 50,000
Tredegar National Civil War Museum Foundation, Richmond,
VA, for a Web-based educational program............. 200,000
Troy Area School District, Troy, PA, for technology..... 150,000
Turlock School Districts, Turlock, CA, for English
instruction......................................... 100,000
U.S. Dream Academy, Columbia, MD to improve student
achievement and help bridge the digital divide for
disadvantaged children.............................. 100,000
U.S. Virgin Islands, Department of Education, St.
Thomas, VI, for Beacon after-school community
learning centers.................................... 300,000
Union Parish School District, Farmerville, LA for the
PLATO Learning Project.............................. 400,000
United Way of Southeastern Pennsylvania, Philadelphia,
PA, for the West Philadelphia Digital Inclusion
Project............................................. 100,000
Unity School District, WI, for after school programs.... 500,000
University of Alaska/Fairbanks in Fairbanks, AK, working
with the State of Alaska and Catholic Community
Services, for the Alaska System for Early Education
Development (SEED).................................. 1,250,000
University of Arkansas, Fayetteville, Arkansas, for the
National Office for Rural Measurement and Evaluation
System.............................................. 150,000
University of Idaho, Moscow, ID, for the Gateway to
Calculus Program, a statewide, WWW-based outreach
program for pre-college-calculus students........... 700,000
University of Iowa Belin Blank Center for Gifted
Education to continue the AP Online Academy......... 1,450,000
University of Louisville, Louisville, KY, for the Center
for Research-Based Educational Improvement and
Assessment.......................................... 700,000
University of Maine at Farmington, Farmington, ME, to
support professional development for new and current
teachers, which may include the acquisition of
technology and equipment............................ 250,000
University of Northern Colorado, Greeley, CO for an
evaluation of teaching programs..................... 50,000
University of Northern Iowa to continue the 2+2 teacher
education demonstration program..................... 500,000
University of Pennsylvania, Philadelphia, PA, to develop
educational programming and provide professional
development for the West Philadelphia Partnership
for Community Schools............................... 200,000
University of Southern Mississippi, Hattiesburg, MS, for
the Frances A. Karnes Center for Gifted Studies to
support summer gifted and leadership programs and
research............................................ 175,000
University of Tennessee, Martin, TN, for its Reelfoot
Lake Science Center................................. 400,000
University of Wisconsin-Eau Claire in Eau Claire, WI for
expansion of the Jumpstart program for early
childhood education................................. 100,000
University of Wisconsin-Platteville in Platteville, WI
for an online alternative teacher certification
program............................................. 100,000
Urban League of Metropolitan Denver, Denver, CO, for
after school and summer school programs............. 350,000
Urban League of Morris County, Morristown, NJ, for a
youth and family literacy program................... 200,000
Urban Youth Action, Inc., Pittsburgh, PA, to develop and
expand its Youth Development program that provides
pre-employment training for high school students.... 75,000
USD #331 Kingman/Norwich, Kingman, KS for computers at
Kingman High School, Kingman Elementary School and
Norwich School...................................... 300,000
USD 470 Public Schools, Arkansas City, KS for Project
XCELL............................................... 300,000
Utah State Office of Education to improve reading in
rural schools....................................... 650,000
Utah State Office of Education, Salt Lake City, UT to
improve qualifications for teachers who teach
multiple subjects in rural areas.................... 400,000
Venango County AVTS, Oil City, PA, for curriculum
development......................................... 300,000
Vermont State Colleges of Waterbury, VT for a dual
enrollment program for academically at-risk
secondary school students........................... 500,000
Vernon Parish School Board, Leesville, LA, for Network
Switch Upgrade...................................... 167,000
Village of Richton Park, Richton Park, IL, for after
school programs..................................... 100,000
Virginia Commonwealth University, Richmond, VA, for the
Great Cities' Universities Urban Educators Corps
Partnership Initiative.............................. 350,000
Virginia Community College Systems, Richmond, VA to
address severe healthcare workforce shortages in
these colleges' service areas....................... 150,000
Voluntary Interdistrict Choice Corporation, St. Louis,
MO, for a public school choice program.............. 320,000
Wake Education Partnership, Raleigh, NC, for school
leadership and teacher professional development
initiatives......................................... 225,000
Walnut Grove School District R-IV, Walnut Grove, MO for
computer and school equipment....................... 12,000
Warren County Career Center, Warren, PA, for curriculum
development......................................... 100,000
Washington Education Foundation to replicate mentoring/
scholarship programs for low-income students........ 500,000
Washington National Opera, Washington, DC, for a music
education program in Maryland....................... 150,000
Washoe County School District in Nevada for an English
Instructional program............................... 250,000
Washoe County School District, NV, for an online
assessment and accountability instructional program. 250,000
Waubonsee Community College, Sugar Grove, IL, to
implement an English language instructional program. 300,000
Wayne Art Center, Wayne, PA, for arts education,
including teacher training and workshops for
students............................................ 50,000
Wellsboro Area School District, Wellsboro, PA, for
curriculum development.............................. 100,000
West Oak Lane Charter School, Philadelphia, PA, for
equipment and technology upgrades................... 75,000
West Virginia High Technology Foundation, Fairmont, WV,
for development of a technology-based teacher
professional development model...................... 550,000
Westchester Philharmonic, White Plains, NY, for music
education programs.................................. 100,000
Western Kentucky University, Bowling Green, KY, for
education, training, and enrichment, which may
include work-related skills training and
postsecondary education services, for primary and
secondary students, their caregivers, and non-
traditional students, including adults.............. 1,500,000
Western Kentucky University, Bowling Green, KY, for the
E-Train Initiative.................................. 500,000
White Plains Housing Authority, White Plains, NY, for
after school and weekend tutorial programs.......... 40,000
Whole Backstage, Inc, Guntersville, AL, for the
Children's Theater Education Center................. 25,000
Winfield Public School District, Winfield, KS for
educational programs................................ 300,000
Wittenberg University, Springfield, Ohio, for the
Springfield Alliance for Minority Teacher
Recruitment and Preparation Program................. 100,000
Wordsworth Academy, Fort Washington, PA, for the York
Alternative Education Program....................... 100,000
World Impact, Los Angeles, CA, for programming to
educate and mentor at-risk youth at its Harmony
Heart Camp in Jermyn, PA............................ 100,000
WQED Multimedia Pittsburgh, Pittsburgh, PA, to develop
educational programming for adolescents focusing on
career literacy..................................... 50,000
WQLN Educational Services, Erie, PA, to develop on-line
educational resources............................... 50,000
WVSA arts connection, Washington, DC, for education and
training initiatives for youth with disabilities and
special needs....................................... 100,000
Wyatt Community and Family Life Center, Chicago, IL, for
after school enrichment activities, including its
Historic Perspectives of Living Legends in the
African American Community: 1912-Present initiative. 100,000
Yakima School District, Yakima, WA, for an English
Education Software Program.......................... 250,000
Yancey County Schools, Burnsville, NC, for equipment and
materials........................................... 50,000
YMCA of Carlisle, Carlisle, PA, for professional
development for teachers on character education..... 50,000
YMCA of Central Kentucky, Lexington, KY, for its Black
Achievers Program................................... 350,000
YMCA of Easton, Easton, PA, for after school programming
for K-12 students................................... 50,000
YMCA of Harrisburg, Harrisburg, PA, to provide mentoring
services for minority youth......................... 50,000
YMCA of McKeesport, McKeesport, PA, to support the Teen
LEAD program serving at-risk, inner city teens...... 50,000
YMCA of Pennsylvania, Harrisburg, PA, for its Youth in
Government program.................................. 50,000
YMCA of Pittsburgh, Pittsburgh, PA, for technology
upgrades and to develop and implement a Technology
Literacy Initiative to train K-12 teachers and
students in the use of computers.................... 50,000
YMCA of York and York County, York, PA, to develop and
implement a Path for Teens leadership and community
program............................................. 50,000
Yonkers Public Schools, Yonkers, NY, for after school
and Saturday academic and enrichment activities,
literacy services, music and arts education, and
parent involvement activities....................... 1,000,000
Young Black Men's Association, Warren, OH, for its
Community Service Recording Studio project.......... 50,000
Youngstown Symphony Society, Inc., Youngstown, OH for
educational programs................................ 150,000
Youngstown/Warren Regional Chamber, Warren, OH, for its
Mahoning Valley Educational Initiative.............. 590,000
Youth Alive, Inc., Louisville, KY, for tutoring,
homework assistance and mentoring................... 40,000
Youth Sports and Recreation Commission, Detroit, MI, for
youth education and training services............... 100,000
YouthFriends Michigan, Traverse City, MI, for a school
based mentoring program............................. 100,000
Zero to 5 Foundation, East Los Angeles, CA, for a pre-
school education project in Boyle Heights in east
Los Angeles......................................... 150,000
Other programs
The conference agreement includes $23,500,000 for the
Ready to Learn program instead of $22,864,000 as proposed by
the House and $24,000,000 as proposed by the Senate. The
conferees continue to strongly support the educational and
outreach objectives of the Ready to Learn Television program.
The conferees are especially pleased that television programs
such as Dragon Tales and Between the Lions developed with
funding from Ready to Learn have been recognized with national
parent and television production awards. The conferees
reiterate the unique mission of Ready to Learn, which is to use
the television medium to help prepare pre-school age children
for school. The television programs that must fulfill this
mission are to be specifically designed for this purpose, with
the highest attention to production quality and validity of
research-based educational objectives, content, and materials.
Therefore, the conferees expect that the grant competition
administered for a new award under this program will emphasize
the importance of investing Ready to Learn resources in those
programs that have proven to fulfill this mission, acquiring
new programs with scrutiny, and distinguishing Ready to Learn
programs from content easily available on commercial and cable
television.
The conference agreement includes $4,970,000 for dropout
prevention programs instead of $10,000,000 as proposed by the
Senate. The House did not propose funding for this program.
The conference agreement includes $30,000,000 for
advanced placement fees as proposed by the House instead of
$33,534,000 as proposed by the Senate. The conferees intend
that the first priority of the program is to award grants to
States to subsidize test fees for low-income students who are
enrolled in an Advanced Placement class and plan to take an
Advanced Placement test. The balance of the funds are allocated
for Advanced Placement Incentive Program grants, which are
competitive grants to states, school districts and national
nonprofit educational agencies for programs that expand access
for low-income individuals to Advanced Placement programs.
Eligible activities include teacher training and participation
in online Advanced Placement courses, among other related
purposes.
Safe Schools and Citizenship Education
The conference agreement includes $867,713,000 for
programs in the safe schools and citizenship education account,
instead of $801,369,000 as proposed by the House and
$902,008,000 as proposed by the Senate.
The conference agreement includes $153,767,000 for
national programs as proposed by the House instead of
$156,219,000 as proposed by the Senate. The conference
agreement includes funding for the following activities:
School Safety Initiatives............................... $30,000,000
Planning/Needs Assessment/Data for State Grants......... 9,548,000
Safe Schools/Healthy Students........................... 90,000,000
Drug Testing Initiative................................. 10,000,000
Postsecondary Ed Drug and Violence Prevention........... 5,000,000
Impact Evaluation....................................... 2,000,000
Information and materials............................... 1,250,000
Data collection and analysis............................ 2,000,000
Other joint projects with Federal agencies.............. 1,000,000
Other program improvement activities.................... 1,819,000
National Recognition Program............................ 850,000
National Clearinghouse for School Facilities............ 300,000
The conferees direct the Department to implement the Act
consistent with their intent, as reflected in the table above,
and request an implementation plan to be submitted to the House
and Senate Committee on Appropriations within 30 days of
enactment of the Department of Education Appropriations Act,
2005. To the extent that the Department wishes to reprogram
funds in order to address other activities or alter the
allocation of funds for activities listed in the chart above,
the conferees expect the Department to follow the guidance
provided in this statement of the managers.
The conference agreement includes bill language requiring
the Department to spend $850,000 for the National Recognition
Awards program under the guidelines described in section 120(f)
of Public Law 105-244.
The conference agreement includes $33,000,000 for grants
to reduce alcohol abuse instead of $35,000,000 as proposed by
the Senate. The House did not propose funding for this
activity.
The conference agreement includes $49,705,000 for
mentoring programs as proposed by the House instead of
$65,000,000 as proposed by the Senate. The agreement also
includes $24,691,000 for character education as proposed by the
Senate instead of $24,961,000 as proposed by the House. The
conference agreement includes $35,000,000 for elementary and
secondary school counseling instead of $33,799,000 as proposed
by the House and $36,000,000 as proposed by the Senate.
The conference agreement includes $74,000,000 for
physical education programs instead of $69,587,000 as proposed
by the House and $75,000,000 as proposed by the Senate. This
amount includes $2,000,000 to support the Special Olympics
National Games as proposed by the Senate. In addition, within
the amounts appropriated, the conferees expect that a portion
of the funds will be set aside to be awarded in new grants and
projects for fiscal year 2005.
The conference agreement includes $29,642,000 for the
Civic Education program to support both the We the People
programs and the Cooperative Education Exchange, instead of
$28,642,000 as proposed by the House and $30,642,000 as
proposed by the Senate. The conferees intend that $17,350,000
will be provided to the nonprofit Center for Civic Education to
support the We the People programs. Within the total for the We
the People program, the conferees intend that $3,050,000 be
reserved to continue the comprehensive program to improve
public knowledge, understanding, and support of American
democratic institutions which is a cooperative project among
the Center for Civic Education, the Center on Congress at
Indiana University, and the Trust for Representative Democracy
at the National Conference of State Legislatures, and that
$1,525,000 be used for continuation of the school violence
prevention demonstration program, including $500,000 for the
Native American initiative.
The conference agreement also includes $12,292,000 for
the Cooperative Education Exchange program. Within this amount,
the conferees intend that $4,600,000 is for the Center for
Civic Education and $4,600,000 for the National Council on
Economic Education, while the remaining $3,092,000 should be
used to continue the existing grants funded under the
authorizing statute for civics and government education, and
for economic education.
The agreement also includes $27,000,000 for State Grants
for Incarcerated Youth instead of $28,000,000 as proposed by
the Senate. The House did not provide funding for this
activity.
English Language Acquisition
The conference agreement includes $681,215,000 for
English Language Acquisition programs as proposed by the House
instead of $700,000,000 as proposed by the Senate.
Special Education
The conference agreement includes $11,767,748,000 for
Special Education instead of $12,176,101,000 as proposed by the
House and $12,328,391,000 as proposed by the Senate. The
agreement provides $6,354,748,000 in fiscal year 2005 and
$5,413,000,000 in fiscal year 2006 funding for this account.
Included in these funds is $10,675,147,000 for Grants to
States part B instead of $11,068,106,000 as proposed by the
House and $11,228,981,000 as proposed by the Senate.
The conference agreement includes $387,699,000 for
preschool grants as proposed by the House instead of
$390,000,000 as proposed by the Senate. Theagreement also
includes $444,363,000 for grants for infants and families as proposed
by the Senate instead of $466,581,000 as proposed by the House.
The conference agreement includes $52,819,000 for
technical assistance as proposed by the House instead of
$54,000,000 as proposed by the Senate. The agreement includes
$91,357,000 for personnel preparation as proposed by the House
instead of $93,357,000 as proposed by the Senate. The agreement
includes $26,173,000 for parent information centers as proposed
by the House instead of $27,500,000 as proposed by the Senate.
The agreement also includes $39,129,000 for technology and
media services as proposed by the Senate instead of $32,305,000
as proposed by the House.
The agreement also includes $1,500,000 for Public
Telecommunications Information and Training Dissemination as
proposed by the Senate. The House did not contain funds for
this activity.
Rehabilitation Services and Disability Research
The conference agreement includes $3,076,112,000 for
Rehabilitation Services and Disability Research instead of
$3,054,587,000 as proposed by the House and $3,077,328,000 as
proposed by the Senate.
The conference agreement includes $1,000,000 to continue
an award to the American Academy of Orthotists and Prosthetists
(AAOP) for activities that further the purposes of the grant
received by the Academy for the period beginning October 1,
2003.
The conference agreement includes $11,997,000 for client
assistance grants as proposed by the House instead of
$13,000,000 as proposed by the Senate. The agreement includes
$25,814,000 for demonstration and training programs instead of
$18,784,000 as proposed by the House and $24,286,000 as
proposed by the Senate. Within the amounts provided for
vocational rehabilitation demonstration and training programs,
the conference agreement includes funding for the following
activities:
Alabama Institute for Deaf and Blind, Talladega, AL, for
an interpreter training program..................... $100,000
Alaska Statewide Independent Living Council, Inc. to
continue and expand its Personal Care Attendant
Program and to expand outreach efforts to the
disabled living in rural Alaska..................... 300,000
American Hearing Impaired Hockey Association, Chicago,
IL, for program expansion and recruitment........... 130,000
Angels' Place, Southfield, MI, for an Abundant Life
Services Program.................................... 100,000
Center of Vocational Alternatives, Columbus, OH, for
support of a computer training center............... 150,000
Challenge Alaska, Anchorage, AK for a comprehensive
recreation program benefiting people and families
with disabilities of all ages....................... 200,000
Enable America, Inc., Tampa, Florida, for civic/
citizenship demonstration project for disabled
adults.............................................. 1,000,000
Kenai Peninsula Independent Living Center, AK, for its
Total Recreation and Independent Living Services
Project............................................. 150,000
National Federation of the Blind, Baltimore, MD, for
blind device testing, development, and dissemination 1,000,000
National Sports Center for the Disabled, Denver, CO, to
expand adaptive sports program for therapeutic
recreation.......................................... 75,000
Ohio Alliance of Community Centers for the Deaf,
Worthington, OH for development of a model program.. 250,000
Peregrine Corporation, South Portland, ME, for STRIVE U,
a postsecondary educational program for young adults
with developmental disabilities..................... 190,000
Pride Industries, Roseville, California, for training
for persons with disabilities....................... 250,000
Rainbow Connection for a program of therapeutic
horseback riding for the disabled in the Mat-Su
Valley region of Alaska............................. 325,000
Southeast Alaska Independent Living, Juneau, AK to
continue a joint recreation and employment project
with the Tlingit and Haida Tribe of Alaska in
Southeast Alaska.................................... 200,000
University of Iowa College of Law--Rehabilitation
Research and Training Center on Employment Policy
for People with Disabilities........................ 750,000
University of South Florida, St. Petersburg, FL, for
research............................................ 260,000
University of South Florida, Tampa, FL, for a
demonstration program in orthotics/prosthetics...... 1,000,000
City of Anchorage, AK for support of the Veterans
Wheelchair Games in Alaska.......................... 300,000
Vocational Guidance Services, Cleveland, OH to improve
educational opportunities and employment outcomes,
which may include the purchase of equipment......... 300,000
The conference agreement includes $2,321,000 for migrant
and seasonal farmworkers as proposed by the House instead of
$2,500,000 as proposed by the Senate. The agreement includes
$2,564,000 for recreational programs as proposed by the House
instead of $2,750,000 as proposed by the Senate. The agreement
includes $16,790,000 for protection and advocacy as proposed by
the House instead of $18,000,000 as proposed by the Senate. The
conferees intend that technical assistance for this activity be
provided through a competitive multiyear grant with a small
business or a national nonprofit organization that has the
demonstrated capacity to carry out these activities. The
conferees intend that the technical assistance be based on the
identified needs of individuals with disabilities and do not
intend that technical assistance funds be used for
administrative responsibilities of the organization
administering the programs.
The conference agreement includes $21,799,000 for
projects with industry as proposed by the House instead of
$22,000,000 as proposed by the Senate. The agreement includes
$37,680,000 for supported employment as proposed by the House
instead of $38,000,000 as proposed by the Senate.
The conference agreement includes $23,000,000 for
independent living state grants as proposed by the Senate
instead of $25,000,000 as proposed by the House. The agreement
also includes $76,000,000 for Independent Living Centers
instead of $75,000,000 as proposed by both the House and
Senate. The agreement also includes $33,495,000 for services
for older blind individuals instead of $35,000,000 as proposed
by the House and $31,811,000 as proposed by the Senate. The
agreement also includes $8,666,000 for the Helen Keller
National Center as proposed by the House instead of $9,000,000
as proposed by the Senate.
The conference agreement includes $108,652,000 for the
National Institute on Disability and Rehabilitation Research
instead of $106,652,000 as proposed by the House and
$109,152,000 as proposed by the Senate. Within the conference
agreement, the conferees have included an additional $2,000,000
to support NIDRR's spinal cord injury model systems program.
These funds, in addition to the $7,200,000 available within the
budget request, will support $8,000,000 in new awards in fiscal
year 2005 and $1,200,000 for continuation grants. The conferees
intend that the additional funds should be used to support
investments that could facilitate multi-center research on
therapies, interventions and the use of technology, and
encourage NIDRR to continue its collaboration with other
federal agencies in order to leverage Federal investments in
this area.
The conferees are aware of field evidence and growing
recognition that participation in sports by people with
disabilities is a predictor of successful employment outcomes.
The conferees urge the National Institute on Disability and
Rehabilitation Research to conduct a study to validate the
impact of adapted sports participation on employment outcomes
for adults with physical disabilities and report the results of
this study to Congress no later than May 31, 2005. The study
shall identify the population of people with physical
disabilities who have participated in organized adapted sports
programs; analyze the academic achievements, post secondary
education attainment, and rate of employment among people with
physical disabilities who participated in organized adapted
sports programs compared with those who did not; and evaluate
the impact of adapted sports participation on the mental,
physical, and social well-being of the person with a disability
and on the family.
The conference agreement includes $30,000,000 for
assistive technology instead of $15,000,000 as proposed by the
House and $31,495,000 as proposed by the Senate. The conference
agreement does not include language proposed by the Senate
relating to the allocation of assistive technology funds. This
language is no longer needed since the Assistive Technology Act
was recently reauthorized.
Special Institutions for Persons With Disabilities
GALLAUDET UNIVERSITY
The conference agreement includes $105,400,000 for
Gallaudet University as proposed by the Senate instead of
$104,000,000 as proposed by the House.
Vocational and Adult Education
The conference agreement includes $2,027,166,000 for
Vocational and Adult Education instead of $2,025,456,000 as
proposed by the House and $2,102,086,000 as proposed by the
Senate. The agreement provides $1,236,166,000 in fiscal year
2005 and $791,000,000 in fiscal year 2006 funding for this
account.
The conference agreement includes $1,203,963,000 for
Vocational Education basic State grants instead of
$1,215,008,000 as proposed by the House and $1,194,295,000 as
proposed by the Senate.
The conference agreement includes $4,939,000 for the
tech-prep education demonstration authorized under section 207
of the Perkins Act as proposed by the Senate. The agreement
also includes $9,382,000 to continue the occupational and
employment information program as proposed by the Senate. The
House did not include funding for these activities.
The conference agreement includes $574,266,000 for adult
education state grants as proposed by the Senate instead of
$574,372,000 as proposed by the House.
The conference agreement also includes $95,238,000 for
the smaller learning communities program instead of
$101,698,000 as proposed by the House and $173,967,000 as
proposed by the Senate. The conferees concur in the directions
in House report 108-636. The conferees intend that the smaller
learning communities program competition in calendar year 2005
include an increase in the size and scope of implementation
grants, allow for 5-year implementation awards, and permit
schools that have previously received implementation grants to
receive additional assistance if needed to complete effective
interventions in smaller learning communities. The conferees
are concerned that the Department is using the 5 percent set-
aside funds to support its broad high school reform agenda
rather than providing direct technical assistance to schools
receiving smaller learning awards. The conferees believe that a
greater share of the 5 percent set-aside funds should be used
to support direct technical assistance to grantees through
providers with expertise in designing and implementing smaller
learning communities.
The conference agreement includes $5,000,000 for
community technology centers instead of $11,000,000 as proposed
by the Senate. The House did not propose funding for this
activity.
Student Financial Assistance
The conference agreement includes $14,380,795,000 for
Student Financial Assistance instead of $14,755,794,000 as
proposed by the House and $14,859,694,000 as proposed by the
Senate.
The agreement provides a program level of $12,464,715,000
for Pell Grants instead of $12,830,000,000 as proposed by both
the House and the Senate. The conference agreement also
includes $785,000,000 for the supplemental educational
opportunity grant program instead of $794,455,000 as proposed
by the House and $799,850,000 as proposed by the Senate. The
agreement includes $998,243,000 for Federal work study as
proposed by the Senate instead of $998,502,000 as proposed by
the House. The agreement does not include funding in fiscal
year 2005 for Perkins capital contributions as proposed by the
House. The Senate included $98,764,000 for this program.
Student Aid Administration
The conference agreement includes $120,247,000 for
student aid administration as proposed by the House instead of
$121,000,000 as proposed by the Senate.
Higher Education
The conference agreement includes $2,134,269,000 for
Higher Education instead of $1,976,056,000 as proposed by the
House and $2,148,458,000 as proposed by the Senate.
Aid for Institutional Development
The conference agreement includes $80,986,000 for
strengthening institutions as proposed by the House instead of
$85,000,000 as proposed by the Senate. The conference agreement
includes $95,873,000 for Hispanic Serving Institutions as
proposed by the House instead of $100,000,000 as proposed by
theSenate. The conference agreement also includes $12,000,000
for Alaska and Native Hawaiian Institutions instead of $13,000,000 as
proposed by the Senate and $10,935,000 as proposed by the House.
The conference agreement includes $24,000,000 for
strengthening tribal colleges and universities, instead of
$23,753,000 as proposed by the House and $25,000,000 as
proposed by the Senate. The conferees agree that funds are to
be used to support continuation of existing basic grants and
new planning or implementation grant awards. The remaining
funds shall be available for grants for renovation and
construction of facilities, including repair and expansion.
The conference agreement includes $7,500,000 for Tribally
Controlled Postsecondary Vocational Institutions instead of
$7,185,000 as proposed by the House and $8,000,000 as proposed
by the Senate. The agreement also includes language proposed by
the Senate notwithstanding any other provision of law or any
regulation that the Secretary of Education shall not require
the use of a restricted indirect cost rate for grants issued
pursuant to the tribally controlled postsecondary vocational
and technical institutions program.
International Education and Foreign Language Studies
The conference agreement includes $93,211,000 for the
domestic activities of the international education and foreign
language studies programs as proposed by the House instead of
$89,211,000 as proposed by the Senate. Within the conference
agreement, $1,500,000 is included for a study by the National
Research Council as described in House Report 108-636.
Fund for the Improvement of Postsecondary Education
The conference agreement includes $163,915,000 for the
Fund for the Improvement of Postsecondary Education instead of
$32,011,000 as proposed by the House and $157,700,000 as
proposed by the Senate. Within the amounts provided for the
Fund for the Improvement of Postsecondary Education, the
conference agreement includes funding for the following:
AIB College of Business, Des Moines, IA, for
scholarships in captioning and court reporting...... $500,000
Alabama A&M University Research Institute, Normal, AL,
for programmatic activities and research............ 600,000
Alaska Christian College, Soldotna, AK for student
scholarships, recruitment and salaries.............. 435,000
Alaska Pacific University in Anchorage, AK to continue
support of its Rural Alaska Native Adult Distance
Education Program................................... 300,000
Albany State University, Albany, GA, in partnership with
Darton College, for an initiative to increase the
success of minority males and non-traditional
students in postsecondary education, including
student scholarships................................ 350,000
Alcorn State University, Alcorn State, MS, in
partnership with Mississippi State University, for
The National Institute for Rural Community Colleges. 750,000
Allegheny College, Meadville, PA, for civic education
activities.......................................... 50,000
American Academy of Liberal Education, Washington, DC,
to develop a national model for the study of
American democracy at colleges and universities..... 100,000
American Prosthodontic Society Foundation, Osceola, PA
for scholarships and program costs related to
prosthetic dentistry and clinical prosthodontics.... 150,000
American Samoa Community College, Pago Pago, AS, for its
Trades, Industries and Technology Program........... 640,000
Anderson University, Anderson, IN, for educational
programming related to the Flagship Enterprise
Center.............................................. 250,000
Artspace Projects, Inc, Minneapolis, MN for the Artspace
Projects Distance Education Initiative, which may
include the acquisition of technology............... 100,000
Association of Jesuit Colleges and Universities,
Washington, DC, for its Center for Online Bioethics
Education........................................... 250,000
Augsburg College, Minneapolis, MN, for a
postbaccalaureate program for underrepresented
students, including student stipends................ 240,000
Ball State University, Muncie, IN, for Digital
Middletown.......................................... 250,000
Baylor University, Health and Education Wellness
Department, Waco, TX, for GEAR UP Waco, a college
preparedness program................................ 500,000
Belin-Blank Center at the University of Iowa, Iowa City,
IA for the Big 10 school initiative to improve
minority student access to Advanced Placement
courses............................................. 145,000
Bennett College, Greensboro, NC, for technology,
equipment, curricula, and library collections....... 320,000
Berea College, Berea, KY for support of science
education programs, which may include the
acquisition of technology and equipment............. 500,000
Berea College, Louisville, KY, for an educational
partnership initiative including scholarships....... 50,000
Bethel College, McKenzie, TN to improve science
facilities and to purchase equipment................ 100,000
Bethune Cookman College, Daytona Beach, FL to expand
services at the Continuing Education Center at St.
John................................................ 100,000
Bevill State Community College, Sumiton, Alabama, for
English as a Second Language (ESL) Laboratories..... 300,000
Bloomfield College, Bloomfield, NJ, for an initiative to
recruit and retain minority students in nursing and
allied health professions........................... 140,000
Boston College, MA, to equip a science facility......... 750,000
Bowie State University, Bowie, MD, for a project to
attract, prepare and retain African American and
other minority males in the teaching profession,
including student support........................... 350,000
Brookdale Community College, Lincroft, NJ, for
technology.......................................... 75,000
Bucknell University, Lewisburg, PA, for campus-wide
technology infrastructure upgrades, including
wireless technology................................. 420,000
C*R*E*A*T*E for Mississippi, Tupelo Mississippi Public
Schools for statewide teacher network to model
successful, replicable technology application and
utilization in classrooms........................... 300,000
Cabrini College, Radnor, PA, for equipment and
educational programming for the Center for Science,
Education and Technology............................ 200,000
Caldwell College, Caldwell, New Jersey, for Center for
Excellence in Teaching Initiative................... 50,000
Caldwell County Education Consortium, Hudson, NC for The
Teaching Center..................................... 112,000
California Institute of Arts, Valencia, CA, for
technology and training............................. 200,000
California State University Channel Islands, Camarillo,
CA, for a baccalaureate degree program in nursing... 200,000
California State University, Bakersfield Department of
Nursing, Bakersfield, CA, for nurse training
equipment........................................... 180,000
California State University, Chico, CA for equipment.... 500,000
California State University, Hayward, CA, for
professional development, equipment and technology
for distance education programs..................... 425,000
California State University, Long Beach, CA, for its
Technology Enhanced Literacy Project................ 250,000
California State University, San Marcos, CA, to
establish a nursing program......................... 400,000
Calumet College of St. Joseph, Whiting, IN, for a Public
Safety Support Center Program....................... 1,300,000
Carlow College, Pittsburgh, PA for program and
administrative support, which may include
acquisition of technology........................... 100,000
Cazenovia College, Cazenovia, NY, to provide equipment
for Art & Design building........................... 100,000
Centenary College, Hackettstown, NJ, to expand IT
infrastructure...................................... 105,000
Center for Community Transformation, Chicago, IL, to
support faculty, student fellowships, and ongoing
secular educational activities in community
leadership transformation........................... 100,000
Central Florida Community College, Lecanto, FL, for a
nursing program..................................... 250,000
Central Florida Community College, Ocala, FL, for
curriculum development and technology............... 150,000
Central Michigan University, Mt. Pleasant, MI, for
education and training programs..................... 100,000
Central Piedmont Community College, Charlotte, NC, for a
Geospatial Technology Training Center............... 500,000
Centralia College, Centralia, WA, for nursing laboratory
equipment, setup and training, and for library
resources and technology............................ 200,000
Charleston Southern University, Charleston, SC, for
technology and equipment............................ 250,000
Cheyney University, Cheyney, PA for planetarium upgrades 100,000
Chicago State University, Chicago, IL, for the School of
Pharmacy............................................ 225,000
Christopher Newport University, Newport News, VA to
support international studies....................... 200,000
City of Oelwein, IA to plan for a new higher education
facility and programs............................... 100,000
Clarion University, Clarion, PA for the CONNECT NWPA
Clarion U/North West Regional Commission
Collaborative Educational Technology Initiative..... 100,000
Clark State Community College, Springfield, OH, for
equipment........................................... 300,000
Clatsop Community College, Astoria, OR, for equipment
and technology for its Technology for Student Access
Initiative.......................................... 320,000
Cleary University, Ann Arbor, MI, for equipment and
technology for the Washtenaw campus................. 210,000
Cleary University, Howell, MI, for technology........... 200,000
Cleveland Institute of Art, Cleveland, OH for expansion
of programs......................................... 250,000
Cleveland Scholarship Programs, Inc., Cleveland, OH, for
student scholarships................................ 400,000
Clinton School of Public Service at the University of
Arkansas, for endowment scholarships and curriculum
development......................................... 1,000,000
College of Lake County, Grayslake, IL, to develop and
implement English Second Language instructional
classes............................................. 250,000
College of New Jersey, Ewing, NJ, for the Bonner Center
for Civic and Community Engagement.................. 340,000
College of Southern Idaho, to implement the Partnership
to Build Capacity for Latino Access and Leadership
Project............................................. 250,000
College of Southern Idaho, Twin Falls, ID, to implement
an Enhanced Paraprofessional Training program....... 200,000
College of St. Elizabeth, Morristown, NJ, for a teacher
training program for math and science............... 100,000
Columbus Healthcare Workforce Center, Columbus, OH, for
nurse training...................................... 450,000
Community College of Allegheny County, Pittsburgh, PA
for technical education............................. 500,000
Community College of Allegheny County, Pittsburgh, PA,
to develop a Health Career Education Institute...... 100,000
Community College of Beaver County, Beaver Falls, PA,
for educational programs, including the acquisition
of technology....................................... 100,000
Community College of Rhode Island (CCRI), Warwick, RI,
for Learning and Literacy Centers................... 265,000
Concurrent Technologies Corporation, Largo, FL for the
community college/vocational industry cluster hubs
project............................................. 1,000,000
Connecticut State University System, Hartford, CT, for a
project to enhance teacher workforce diversity,
recruitment and retention........................... 750,000
Culver-Stockton College, Canton, MO, for equipment and
technology.......................................... 100,000
Cumberland College, Williamsburg, KY for equipment and
curriculum development for its science programs and
facilities.......................................... 500,000
Cuyahoga Community College, Cleveland, OH for equipment
and programming for the Centers for Nursing and
Health Careers...................................... 425,000
Dakota State University in Madison, South Dakota for the
Information Assurance Program....................... 250,000
Darton College, Albany, GA, for the rural technology
network............................................. 650,000
Dean College, Franklin, MA, to improve services for
students with disabilities, including technology,
curricula and assessment activities................. 150,000
Defiance College, Defiance, OH, for curriculum
development and equipment for forensic science
program............................................. 250,000
Del Mar College, Corpus Christi, TX, for faculty and
equipment for nursing, dental and allied health
programs............................................ 340,000
Delaware County Community College, Media, PA, for
technological infrastructure and to support career
counseling at the Small Business Resource and
Development Center.................................. 50,000
Delta College, University Center, MI, for equipment and
technology for its technical trades and
manufacturing complex............................... 200,000
Delta State University, Cleveland, MS for the Delta
Education Initiative................................ 1,000,000
Des Moines Area Community College, Ankeny, IA, for a
Career Academy Consortium Project................... 400,000
Des Moines Area Community College, IA, for a
Comprehensive Deaf Services Center.................. 400,000
Des Moines Higher Education Collaborative for wiring and
curriculum development at the John and Mary
Pappajohn Higher Education Center................... 650,000
DeSales University, Center Valley, PA, for computer
wiring and technology upgrades related to training
K-12 teachers and students.......................... 200,000
Dillard University, New Orleans, LA, for equipment for
its Consolidated Sciences Institute................. 200,000
Dowling College, Oakdale, NY, for development of a
certificate program in integrated emergency
management.......................................... 300,000
Duquesne University, Pittsburgh, PA, for equipment and
wiring for a supercomputing facility................ 100,000
Dutchess Community College, Poughkeepsie, NY, for the
upgrade of the college computer network............. 50,000
EARTH University Foundation, Atlanta, GA for student
scholarships........................................ 500,000
East Stroudsburg University, East Stroudsburg, PA, for
technological infrastructure related to the Center
for Research and Economic Development............... 200,000
Eastern Oregon University to train rural community
nurses.............................................. 250,000
Eastern University, St. Davids, PA, for equipment,
professional development and outreach to develop the
Nueva Esperanza Center for Higher Education as a
branch of the university............................ 100,000
Eckerd College, St. Petersburg, FL, for the Leadership
Training Program.................................... 500,000
Eckerd College, St. Petersburg, FL, to upgrade
educational computing and technology................ 1,000,000
Edison Community College, Punta Gorda, FL, to expand
nursing programs.................................... 100,000
Edmonds Community College, Lynnwood, WA, to expand the
Mathematics Across the Curriculum Project........... 100,000
Emerson College, Boston, MA for the completion of the
Tufte Performance and Production Center............. 560,000
Emmanuel College, Boston, MA, for educational equipment
and program development............................. 200,000
Emporia State University, Emporia, KS for technology.... 250,000
Esperanza USA, Philadelphia, PA, for education programs
and to prepare individuals for post-secondary
education........................................... 75,000
Everett Community College, Everett, WA, to plan, develop
and implement one or more Early College High
Schools, in conjunction with Whatcom Community
College and Skagit Valley College................... 600,000
Fairleigh Dickinson University, Madison, NJ, for
equipment, technology, and personnel for its Global
Virtual Faculty distance education initiative....... 150,000
Federation of American Scientists for Digital Promise,
Washington, DC, for creating a Digital Opportunity
Investment Trust (DO IT) project.................... 500,000
Federation of Independent Illinois Colleges and
Universities, Springfield, IL, for the Illinois
Century Network..................................... 75,000
Florida Campus Compact, Tallahassee, FL, to enhance
service learning on college campuses throughout
Florida............................................. 450,000
Folsom Lake College, Folsom, CA, for computers, program
development and teacher stipends.................... 150,000
Fort Hays State University, Hays, KS for distance
learning............................................ 250,000
Fort Lewis College, Durango, CO, for the Institute of
Southwest Studies................................... 100,000
Gateway Community College, New Haven, CT, for equipment
for a skilled nursing laboratory.................... 100,000
George Meany Center for Labor Studies--the National
Labor College for curriculum development............ 900,000
Georgetown College, Georgetown, KY, for its Center for
Commerce, Language & Culture........................ 200,000
Georgia College and State University, Milledgeville, GA,
Paul Coverdell Institute and Archives............... 100,000
Georgian Court University, Lakewood, NJ, for distance
learning............................................ 225,000
Governors State University, University Park, IL, for the
College of Education's Family Development Center.... 150,000
Greater Philadelphia Bioinformatics Alliance,
Philadelphia, PA to implement training, research and
dissemination efforts to form a national and
international center of excellence in bioinformatics 25,000
Grossmont-Cuyamaca Community College District, El Cajon,
CA, for equipment and student assistance............ 95,000
Grossmont-Cuyamaca Community College District, El Cajon,
CA, for science equipment........................... 99,000
Harcum College, Bryn Mawr, PA to develop curriculum and
acquire technology.................................. 200,000
Harrisburg University of Science and Technology,
Harrisburg, PA for curriculum development,
laboratory equipment and technology and personnel... 1,000,000
Haskell Indian Nations University, Lawrence, KS, for
equipment and technology for mathematics, science,
and engineering laboratories........................ 700,000
Heartland Community College, Normal, IL, for computer
equipment........................................... 63,000
Hepatitis B Foundation, Doylestown, PA for education
programs to prepare post-secondary students for
careers in biomedical research, public health and
biotechnology....................................... 150,000
Hickory Metropolitan Higher Education Center, Hickory,
NC for expanded programming......................... 112,000
Highline Community College, Des Moines, WA, for its
Marine Science and Technology Center................ 320,000
Hillsborough Community College, Tampa, FL, for a
veterinary technician education program............. 200,000
Hofstra University, Hempsted, NY, to produce and offer
distance-education on rehabilitation and independent
living for persons who are deaf..................... 500,000
Idaho State University, Pocatello, ID, for a masters
degree program in Dental Hygiene.................... 500,000
Idaho State University, Pocatello, ID, for the Virtual
Idaho Museum of Natural History..................... 250,000
Ihanktonwan Community College in Marty, South Dakota for
curriculum and institutional development............ 150,000
Ilisagvik College in Barrow, AK for infrastructure
improvements in Barrow, AK and North Slope villages
to improve access to distance education courses
provided by the college............................. 250,000
Illinois Institute of Independent Colleges and
Universities, Springfield, IL, for Project Connect.. 600,000
Illinois State University, Normal, IL for the Joe Warner
Teaching Nursing Home Project....................... 62,000
Immaculata University, Immaculata, PA, for technology,
equipment, and professional development to enhance
nursing education programs.......................... 100,000
Indiana University of Pennsylvania, Indiana, PA, for the
Computing Services Center to train K-12 teachers and
for the National Institute for Corrections Education
to provide professional development for corrections
education teachers.................................. 50,000
Indiana University, Bloomington, IN, to develop a
bachelor of science program in biotechnology,
including equipment................................. 400,000
Innovation Works, Pittsburgh, PA, to enhance research
and development in collaboration with local
institutions of higher education and regional
manufacturers....................................... 100,000
Iowa Central Community College, Fort Dodge, IA, for the
Dental Hygienist Program............................ 500,000
Iowa Lakes Community College to create a Wind Energy and
Turbine Technology education program................ 500,000
Iowa Student Aid Commission to continue a program of
loan forgiveness for teachers....................... 500,000
Iowa Valley Community College to expand educational
outreach in the Hispanic community.................. 500,000
Isothermal Community College, Spindale, NC, for
operation of a Material Testing Laboratory.......... 85,000
Ivy Tech State College, Bloomington, IN, for development
of an associates degree program in biotechnology and
student scholarships................................ 550,000
IWF Leadership Foundation, Washington, DC, for a
scholarship fund.................................... 500,000
Jackson State University, Jackson, MS for the Project
Urban Mississippi: Teachers, Technology, and
Research............................................ 500,000
Jacksonville State University, Jacksonville, AL, for the
Viper Doppler Radar Training System................. 60,000
Johnson C. Smith University, Charlotte, NC, for a
technology education and training initiative........ 320,000
Jones County Junior College, Ellisville, MS, for
equipment for an advanced technology center......... 300,000
Kansas State University, Manhattan, KS for curriculum
development......................................... 1,000,000
Kansas State University, National Institute for Academic
Alliances, Manhattan, KS, for enhancing academic
programs............................................ 250,000
Kent State University, Kent, OH for equipment and
curriculum for the Northeastern Ohio Consortium for
Biopreparedness..................................... 750,000
Kentucky Community and Technical College System,
Lexington, KY for curriculum development and
acquisition of technology for the Center for
Excellence in Automotive Manufacturing.............. 500,000
Kishwaukee College, Malta, IL, for a new computer system 250,000
La Sierra University, Riverside, CA, for science and
computer equipment software......................... 100,000
Lackawanna College, Scranton, PA, to develop a
communication arts program through technology
acquisition and program development................. 200,000
Lake Erie College of Osteopathic Medicine, Erie, PA for
a program in pharmacy............................... 155,000
Langston University, Langston, OK for a Thurgood
Marshall Scholarship endowment...................... 100,000
Laredo Community College, Laredo, TX for equipment and
materials........................................... 250,000
Lawrence Technological University, Southfield, MI, for
equipment........................................... 225,000
Lenoir Community College, Kinston, NC, for a training
program in captioning and Communication Access
Realtime Translation (CART), including student
scholarships........................................ 240,000
Lewis and Clark Community College, Godfrey, IL, for its
National Great Rivers Research and Education Center. 540,000
Lewis-Clark State College, Lewiston, ID to continue and
expand the American Indian Students in the
Leadership of Education Program..................... 450,000
Lincoln University, Lincoln University, PA for support
of science education laboratories and programs,
which may include the acquisition of equipment and
technology.......................................... 100,000
Lock Haven University, Lock Haven, PA for professional
development partnerships and related services....... 900,000
Lorain Community College, Elyria, OH to support the
Learning Technology Center.......................... 300,000
Los Angeles Valley College, Valley Glen, CA, for its
Fast-Track Nursing Career Program................... 200,000
Louisiana State University in Baton Rouge, LA, for the
John Breaux Political Papers and Research Collection
Project............................................. 300,000
Lourdes College, Sylvania, OH, for science equipment,
technology and instructional resources, and for the
Lourdes College Planetarium......................... 325,000
Loyola University, New Orleans, for the Lindy Boggs
National Center on Community Literacy............... 350,000
Luther College, Decorah, IA, for the Valders Hall of
Science Project..................................... 250,000
Luzerne County Community College, Nanticoke, PA, for a
training program in realtime court reporting and
captioning, which may include student scholarships.. 370,000
Maine Metal Products Association, Westbrook, ME, to
establish a National Institute of Metalworking
Skills Management Center............................ 250,000
Manatee Community College, Bradenton, FL, for Teaching
for 21st Century Student Success demonstration
program............................................. 75,000
Maricopa County Community College District, Phoenix, AZ,
for the Hispanic Bilingual Nursing Fellows Program
and for educational programs to train court
reporters........................................... 200,000
Maricopa County Community College District, Tempe, AZ,
for its Bilingual Nursing Fellows Program........... 250,000
Marquette University, Milwaukee, WI, for service
learning and community outreach programs at The Les
Aspin Center for Government in Washington, D.C...... 200,000
Martin Methodist College, Pulaski, TN, for library
materials, technology and personnel for a
baccalaureate nursing program....................... 300,000
Mary Mason Community Foundation, Philadelphia, PA, for a
college assistance program, including student
scholarships........................................ 100,000
Marymount University, Arlington, VA, for scholarships
for students seeking a dual certification in special
and elementary education............................ 100,000
Maryville College, Maryville, TN for the Center for
Effective Communities............................... 150,000
McNeese State University, Lake Charles, LA, for the
Southwest Louisiana Academy for Innovative Teaching
and Learning, including student scholarships........ 600,000
Mercer University, Macon, GA for a critical personnel
development program................................. 250,000
Mercy College, Dobbs Ferry, NY, for the development of a
registered nursing program.......................... 150,000
Mercyhurst College, Erie, PA to develop an Institute for
Arts Based Teacher Education........................ 100,000
Miami University, Oxford, OH, for equipment............. 400,000
Michigan Jewish Institute, Oak Park and Bloomfield, MI,
for a new computing curriculum...................... 150,000
Middle Tennessee State University, Murfreesboro, TN, for
equipment and personnel for biotechnology training
initiatives......................................... 100,000
Middlesex Community College, Lowell, MA, to acquire and
implement the SCHEDULE25 program and other
technology upgrades................................. 100,000
Millersville University, Millersville, PA for curriculum
development and technology for science,
environmental, occupational safety and health
education programs.................................. 100,000
Mills College, Oakland, CA, for its Institute for Civic
Leadership.......................................... 320,000
Mississippi State University, Starkville, MS, for
digital production equipment for the Wise Center-
Broadcast Facility.................................. 315,000
Mississippi State University, Starkville, MS, for the
National Center on Rural Early Childhood Learning
Initiatives, which shall include the Sesame Street-
Between the Lions effort to produce and distribute
multi-media educational and training materials...... 2,100,000
Mississippi University for Women, Columbus, MS, for
research and outreach programming of the Southern
Women's Institute................................... 500,000
Mississippi University for Women, Columbus, MS, Plymouth
Bluff Center for Scientific and Historical
Enrichment.......................................... 500,000
Mississippi Valley State University, Itta Bena, MS, for
curriculum development.............................. 1,000,000
Missouri Southern State University, Joplin, Missouri,
for equipment....................................... 1,301,000
Monroe Community College, Rochester, NY, for training
and equipment....................................... 500,000
Montana State University, Billings, MT, to provide
degree and certificate workforce education programs
in the healthcare industry.......................... 400,000
Montgomery College, Rockville, MD, for equipment and
technology to establish wireless mobile classrooms
in engineering and computer sciences................ 410,000
Montgomery County Community College, Blue Bell, PA, for
equipment and technology acquisition in support of
the Advanced Center for Technology.................. 50,000
Moravian College, Bethlehem, PA, for equipment,
technology, and curriculum development for a science
initiative.......................................... 100,000
Morehead State University, Morehead, KY, to establish a
center on homeland security policy.................. 500,000
Morehouse College, Atlanta, GA, for an Education
Technology and Telecommunications Project........... 600,000
Morehouse College, Atlanta, GA, to conduct public and
social research on issues affecting African American
and minority males at the Morehouse Research
Institute........................................... 160,000
Muhlenberg College, Allentown, PA, to develop a program
for advanced discovery in the exploration of the
physical and life sciences at the secondary and
post-secondary grade levels......................... 175,000
National Academies' Science, Technology and Economic
Policy (STEP) Board, Washington, DC to study
changing labor force requirements................... 200,000
National Association of Hispanic Publications
Foundation, Washington, DC, to improve access to
higher education and financial aid opportunities for
Hispanic students, including awareness programs in
Spanish............................................. 75,000
National Center for Disability and Access to Education
in Logan, UT to address distance education for
individuals with disabilities....................... 300,000
National College Access Network, Cleveland, OH for
expanding and strengthening of programs............. 500,000
N'DIGO Foundation, Chicago, IL, for a merit-based
college scholarship program......................... 100,000
Nevada State College to create a digital learning center 250,000
New Mexico Association of Community Colleges, Santa Fe,
NM, for a dental distance education program......... 250,000
New Mexico State University and Dono Ana Branch
Community College to expand its manufacturing bridge
program............................................. 50,000
New York University, New York, NY, for the John Brademas
Center for the Study of Congress, which may include
student scholarships and an endowment............... 1,300,000
North Dakota State College of Science, Wahpeton, ND, for
a Center for Nanoscience Technology Training........ 200,000
North Dakota State School of Science, Wahpeton, ND, to
continue telepharmacy training in North Dakota...... 200,000
North Florida Community College, Madison, FL for a
registered nursing program.......................... 300,000
North Shore Community College, Danvers, MA, for
information technology and educational equipment for
science center...................................... 200,000
North Shore Community College, Danvers, MA, for
workforce development, entrepreneurship education,
professional development, distance education, and
outreach programs................................... 350,000
Northern Illinois Center for Accelerator and Detector
Development at Northern Illinois University, DeKalb,
IL.................................................. 2,000,000
Northern Illinois University, DeKalb, IL for support of
the Vibration and Acoustics Center.................. 100,000
Northern Illinois University, DeKalb, IL, for an
Intelligent Tutoring Center......................... 300,000
Northern Illinois University, DeKalb, IL, to establish a
Nanoscience Institute............................... 500,000
Northern Kentucky University for the Institute for New
Economy Technologies................................ 500,000
Northern Kentucky University, Highland Heights, KY, for
its Institute for Public Policy Research and Service 300,000
Northern Michigan University, Marquette, MI, for
operating expenses of the United States Olympic
Education Center, including student support......... 440,000
Northwest Shoals Community College, Phil Campbell, AL,
for new technology upgrades......................... 250,000
Northwestern College, Orange City, IA, for equipment.... 25,000
Nova Southeastern University, Fort Lauderdale, FL, for a
Latino Literacy and Technology Training program..... 50,000
Nova Southeastern University, Ft. Lauderdale, FL, for
the Shepard Broad Law Center Minority Outreach
Online Project...................................... 250,000
Ocean County College, Toms River, NJ, for the Center for
Marine Studies...................................... 75,000
Oglala Lakota College in Kyle, South Dakota for nursing
education........................................... 250,000
Oklahoma State Board of Regents for Higher Education,
Oklahoma City, OK to expand the One-Net program for
distance learning into rural areas of Oklahoma...... 100,000
Oregon Institute of Technology, Klamath Falls, OR, for
equipment........................................... 120,000
Orleans Technical Institute, Philadelphia, PA, for
equipment and educational programs to train court
reporters........................................... 50,000
Pacific Lutheran University, Tacoma, WA, for
programmatic support, technology and furnishings for
its Center for Learning and Technology.............. 950,000
Palo Verde Community College District, Blythe, CA, for
equipment........................................... 500,000
Penn State, University Park, PA, for the Penn State
Washington Program.................................. 25,000
Philadelphia University, Philadelphia, PA, for
technology upgrades and to develop an instructional
delivery system which will focus on the integration
of technology into coursework....................... 500,000
Philander Smith College, Little Rock, AR, for equipment,
supplies, furnishings and personnel for the Harry R.
Kendall Science and Health Mission Center........... 320,000
Peirce College, Philadelphia, PA, for technology
upgrades and course development for the Peirce
Online Four-Year Distance Learning initiative....... 200,000
Pittsburgh Digital Greenhouse, Pittsburgh, PA, to
facilitate work between research universities....... 150,000
Pittsburgh Tissue Engineering Initiative, Pittsburgh,
PA, for professional development and to develop
education programs.................................. 250,000
Potter County Education Council, Coudersport, PA for
equipment........................................... 150,000
Pratt Institute, Brooklyn, NY, for equipment and
technology, personnel and faculty professional
development......................................... 320,000
Providence College, Providence, RI, for equipment,
technology and education programs for its Center for
the Arts............................................ 700,000
Pulaski Technical College, North Little Rock, AR, for
library equipment, technology, furnishings and
collections......................................... 320,000
Purchase College, State University of New York,
Purchase, NY, to improve postsecondary education,
increase access for minority students, and enhance
student support services............................ 250,000
Ramapo College, Mahwah, NJ, for technology and equipment
for the Sustainability Education Center............. 70,000
Regional Learning Alliance, Marshall Township, PA, to
acquire instructional technology and to develop
programming as part of a life-long education
services initiative for Pittsburgh regional industry
and community residents............................. 200,000
Research Center for Cultural Diversity and Community
Renewal, University of Wisconsin--La Crosse, WI, for
Project TEACH and Project FORWARD................... 250,000
Rhode Island College Foundation, Providence, RI, for an
interdisciplinary research and education center
regarding the history of child welfare.............. 75,000
Rhodes College, Memphis, TN, for the Rhodes College
Learning Corridor project to expand an educational
outreach and partnership program between the
University and the Shelby County public school
system.............................................. 250,000
Riverside Community College District, Riverside, CA for
curriculum development of the Middle College
initiative.......................................... 100,000
Robert Morris University, Moon Township, PA, for
equipment and development of its nursing and allied
health programs..................................... 100,000
Roberts Wesleyan College, Rochester, NY for a distance
education program................................... 100,000
Rowan University, Glassboro, NJ for an Engineering and
Technology Satellite Campus in Pomona, NJ........... 200,000
Rutgers University School of Law, Camden, NJ, for
student scholarships and loan repayment,
internships, and public interest programming........ 640,000
Sacramento City College, Sacramento, CA, for its Allied
Health Professions Recruitment and Retention Center. 400,000
Saginaw Valley State University, University Center, MI
for a crisis intervention training center........... 200,000
Saint John Fisher College, NY for the School of Pharmacy 100,000
Saint Joseph's College, Brooklyn, NY, for equipment and
technology for ``smart classrooms'' at its Brooklyn
and Patchogue campuses.............................. 400,000
Saint Leo University, St. Leo, FL, for a Corporate to
Classroom Transition Program........................ 130,000
Saint Vincent College, Latrobe, PA, to develop early
childhood education programs for the Fred. M. Rogers
Center for Early Learning and Children's Media...... 100,000
Salve Regina University, Newport, RI, for equipment and
personnel for its Center for Advanced Teaching and
Learning in Science and Technology.................. 400,000
San Jose State University Foundation, San Jose, CA for
the development of paramedic and clinical laboratory
scientist training programs......................... 440,000
San Pasqual Academy, Escondido, CA, for information
technology infrastructure........................... 120,000
Santa Clarita Community College District, Santa Clarita,
CA, for equipment for the University Center at
College of the Canyons.............................. 200,000
Santa Fe Community College, Gainesville, FL, for
equipment and training.............................. 500,000
School District of Philadelphia, Philadelphia, PA, for
the College Opportunity Resources for Education
(CORE) Philly Scholarship Program................... 750,000
Security on Campus, Inc., King of Prussia, PA, to
develop and conduct regional training sessions on
compliance with the Clery Act and the technical
assistance handbook................................. 25,000
Self Enhancement Inc, Portland, OR, for family support
and violence and substance abuse prevention programs 250,000
Seminole State College, Seminole, OK for technology
equipment........................................... 100,000
Seminole State College, Seminole, OK, for the Excel-
erated Transitional Nursing program................. 50,000
Seminole State College, Seminole, OK, to improve student
retention and graduation rates...................... 25,000
Sheldon Jackson College, Sitka, AK, for the Adult
Learners Program.................................... 500,000
Shippensburg University Foundation, Shippensburg, PA,
for the Center for Land Use......................... 170,000
Shippensburg University, Shippensburg, PA, for
equipment, technology and curriculum development for
a Performing Arts Center............................ 200,000
Shoreline Community College, Shoreline, WA, for a Center
for Manufacturing Excellence........................ 700,000
Sisseton Wahpeton College in Agency Village, South
Dakota for a Dakota language preservation program... 250,000
Snead State Community College, Boaz, AL for a nursing
program............................................. 400,000
Snow College, Ephraim, UT to support a distance learning
program............................................. 200,000
Sonoma State University, Rohnert Park, CA, for the Osher
Lifelong Learning Institute, including student
scholarships and coordination with the nationwide
Osher network....................................... 200,000
South Carolina State University, Orangeburg, SC for
equipment and program support....................... 350,000
South Florida Community College, Avon Park, FL, for
equipment........................................... 200,000
Southeast Missouri State University, Cape Girardeau,
Missouri, for equipment............................. 550,000
SouthEastern Pennsylvania Consortium for Higher
Education, PA, for the Institute for Mathematics and
Science to provide professional development to K-12
teachers............................................ 750,000
Southern Illinois University, Carbondale, IL, for the
Paul Simon Public Policy Institute, including an
endowment........................................... 1,000,000
Southern Maine Community College, South Portland, ME, to
develop an entrepreneurial/business ownership
certificate program, student business incubator and
high school entrepreneurial programs................ 150,000
Southern Methodist University, Dallas, TX, for equipment 500,000
Southern New England School of Law, North Dartmouth, MA,
for the Immigration Law Clinic, including student
stipends............................................ 125,000
Southern New Hampshire University, New Hampshire to
continue and expand a distance learning program..... 250,000
Southwestern Indian Polytechnic Institute, Albuquerque,
NM for technical skills training.................... 35,000
Stark State College of Technology, Canton, OH for
outreach and expansion activities................... 300,000
State University of New York at Geneseo, Geneseo, NY,
for equipment....................................... 250,000
State University of New York Orange County Community
College, Middletown, NY, for the Newburgh Extension
Center.............................................. 250,000
State University System of Florida to continue a
partnership on identifying and addressing the
highest priority issues in K-12 education........... 100,000
Sweetwater Education Foundation, for its Compact for
Success program, including student scholarships..... 540,000
Syracuse University in New York to establish the Daniel
Patrick Moynihan Global Affairs Institute, including
support for an endowment............................ 5,000,000
Tacoma Community College, Tacoma, WA, for equipment,
technology, and furnishings for an open computer lab 450,000
Tallahassee Community College, Tallahassee, FL, to
establish satellite education centers............... 300,000
Tarleton State University, Stephenville, TX, for
equipment and technology for its Center for the
Advancement of Rural Nursing Education.............. 350,000
Texas State University, San Marcos, TX, for a Round Rock
Higher Education Center (RRHEC) in Round Rock, TX... 250,000
Texas Tech University, Lubbock, TX for the Center for
the Study of Addiction.............................. 250,000
Texas Wesleyan University School of Law, Fort Worth, TX,
for technology improvements......................... 411,000
Thiel College, Greenville, PA to support agriculture and
biology programs, which may include the acquisition
of equipment........................................ 100,000
Thiel College, Greenville, PA, for campus-wide
technology infrastructure upgrades.................. 130,000
Thurgood Marshall Scholarship Fund, New York, NY, for
capacity building activities at historically black
colleges............................................ 400,000
Touro University--California, Vallejo, CA, to design,
develop and implement College of Education programs
on its Mare Island campus........................... 500,000
Trenholm State Technical College, Montgomery, AL, for
equipment........................................... 90,000
Trident Technical College, Charleston, South Carolina,
to equip the hospitality, tourism and culinary arts
program............................................. 250,000
Troy State University, Troy, AL, for the Virtual
University of the Armed Forces and Others........... 125,000
United Negro College Fund Special Programs Foundation,
Fairfax, VA, for a capacity building project
benefiting historically black colleges and
universities, including instrumentation acquisition,
professional development for faculty, and
scholarships for students........................... 125,000
University of Akron, Akron, OH for a distance learning
program with the Bliss Institute.................... 150,000
University of Akron, Akron, OH for an aerospace systems
engineering degree program.......................... 200,000
University of Akron, Akron, OH for emergency management
curriculum and technology........................... 150,000
University of Alabama, Tuscaloosa, AL for laboratory
equipment........................................... 325,000
University of Alaska Statewide Office for the University
of Alaska Leadership Institute/Center for Civics
Democracy........................................... 250,000
University of Alaska/Southeast for the Alaska Distance
Education Technology Consortium..................... 500,000
University of Alaska/Southeast to develop distance
education coursework for arctic engineering courses
and programs........................................ 100,000
University of Arizona Health Science Center, Tucson, AZ,
for the combined family practice residency/
integrative medicine fellowship training program.... 100,000
University of Arizona to establish an indigenous peoples
law and policy project.............................. 200,000
University of Arkansas for Medical Sciences for
curriculum and infrastructure development for the
Mid-America Genetics Distance Education Consortium.. 1,250,000
University of Arkansas, School of Social Work,
Fayetteville, Arkansas, for the School of Social
Work Research Center................................ 100,000
University of California, Hastings College of Law, San
Francisco, CA, for the Center for Gender and Refugee
Studies to establish a clinical education program... 200,000
University of Central Florida, Orlando, FL for the Lou
Frey Institute of Politics.......................... 250,000
University of Cincinnati, Cincinnati, OH for the Ohio
Partnership for Accountability...................... 200,000
University of Dayton, Dayton, OH, for the Dayton Early
College Academy project............................. 500,000
University of Dubuque in Dubuque, Iowa for the
establishment of a nursing education program........ 500,000
University of Florida, Gainesville, FL, for equipment
for the Norman Hall project......................... 100,000
University of Georgia, Athens, GA, for the Croatian
Partnership for Higher Education Reform............. 75,000
University of Guam School of Nursing and Health
Sciences, Mangilao, GU, for its bachelor of science
in nursing program.................................. 240,000
University of Hartford, West Hartford, CT, for equipment
and technology for the Hartt School Performing Arts
Center.............................................. 100,000
University of Hawaii at Hilo for the Applied Rural
Science Program..................................... 50,000
University of Hawaii at Hilo for the Clinical Pharmacy
Training Program.................................... 700,000
University of Idaho for scholarships and program support
of the Lionel Hampton Artist in Residence and the
Lionel Hampton Scholars............................. 400,000
University of Memphis, Memphis, TN for the Benjamin L.
Hooks Institute for Social Change, which may include
support for an endowment............................ 250,000
University of Mississippi, Oxford, MS for curriculum
development and to enhance the development of young
men and women to make future contributions to MS and
the nation.......................................... 3,000,000
University of Montana School of Law, Missoula, MT for
infrastructure at the University of Montana School
of Law, including the acquisition of equipment and
technology.......................................... 700,000
University of Nebraska at Kearney, Kearney, NE, for
student preparation................................. 250,000
University of Nebraska at Omaha, Omaha, NE, for teaching
comparative American history........................ 100,000
University of Nevada, Las Vegas for educational outreach
at the Women's Research Institute of Nevada......... 100,000
University of Nevada, Reno for the Latino Studies
program............................................. 100,000
University of New England, Biddeford, ME, for a Dental
Residency Program................................... 250,000
University of New Mexico to establish the Oral Health
Institute........................................... 75,000
University of New Orleans, LA, for the Center for School
Improvement and Teaching and Learning Excellence.... 1,000,000
University of North Florida, Jacksonville, FL, for a
Virtual School Readiness Incubator Project.......... 600,000
University of North Texas, Denton, TX, for a Regional
Center for Advanced Scientific Computing and
Modeling Program.................................... 250,000
University of North Texas, Denton, TX, for the
Laboratory Experience and Development of Early
Researchers program................................. 250,000
University of North Texas, Denton, TX, in cooperation
with Paul Quinn College, for a Science and Math
Teacher Academy..................................... 240,000
University of Northern Iowa, Cedar Falls, IA for program
development and support of the Center for Applied
Gerontology......................................... 145,000
University of Oklahoma, Tulsa, OK for development and
support of a graduate degree program, which may
include the acquisition of equipment................ 300,000
University of Redlands, Redlands, CA for technology
enhancement......................................... 350,000
University of Richmond Gottwald Science Center,
Richmond, VA for equipment and technology........... 100,000
University of Rochester Medical Center, Rochester, NY,
for student scholarships in the School of Nursing... 250,000
University of Saint Francis, Fort Wayne, IN, for
technology.......................................... 150,000
University of San Francisco, San Francisco, CA, for
equipment and programs at the Harney Science Center. 575,000
University of South Carolina, Columbia, SC, for the
Strom Thurmond Fitness and Wellness Center.......... 5,000,000
University of South Florida, Sarasota/Manatee Campus,
Sarasota, FL, for the Center for Advanced Health
Practices and Policy Formation...................... 75,000
University of South Florida, Tampa, FL, for a
globalization research network, including the
University of Hawaii, Manoa; George Washington
University; and the University of California, Los
Angeles............................................. 890,000
University of Southern Mississippi, Hattiesburg, MS to
enhance economic development teaching, training, and
research opportunities.............................. 2,000,000
University of St. Thomas Interprofessional Clinic for
Counseling and Legal Services, St. Paul, MN......... 75,000
University of Texas at Austin, Austin, TX, for the Texas
Engineering and Technical Consortium................ 1,000,000
University of Texas Foundation, Austin TX, for the UT
Public Policy Fellowship Initiative, which may
include support of internship programs.............. 250,000
University of Texas Pan American, Edinburg, TX, for the
Raul Yzaguirre Policy Institute, including student
support............................................. 640,000
University of Texas, Arlington, TX for SMART manikins
and equipment in the Smart Emergency Department..... 500,000
University of Texas, Austin, TX for the Bill Archer
Center.............................................. 500,000
University of the Pacific, McGeorge School of Law,
Sacramento, CA for a cross-disciplinary project..... 255,000
University of the Pacific, Stockton, CA, for the
Business Forecasting Center......................... 490,000
University of the Sciences in Philadelphia,
Philadelphia, PA, for the Science Education
Partnership in partnership with the Philadelphia
School District to improve math and science
education........................................... 100,000
University of the South, Sewanee, TN, for equipment and
technology.......................................... 250,000
University of Tulsa, Tulsa, OK for critical research
instrumentation and equipment to enhance campus
infrastructure for information security............. 100,000
University of Vermont, Burlington, VT to establish an
advanced practice graduate nursing program in
psychiatric-mental health nursing................... 300,000
University of Virginia Center for Politics,
Charlottesville, VA, for the Youth Leadership
Initiative.......................................... 1,400,000
University of Wisconsin-Baraboo/Sauk County, Baraboo,
WI, for equipment and technology for the Robert L.
Brown Theater....................................... 50,000
University of Wisconsin-Eau Claire, School of Nursing,
Eau Claire, WI, for an accelerated baccalaureate
degree program in nursing........................... 300,000
University of Wisconsin-La Crosse in La Crosse, WI to
expand mentoring programs to assist students of
Hmong descent in attaining teacher certification.... 250,000
University of Wisconsin-Marathon, WI, for science
equipment and furnishings........................... 275,000
University of Wisconsin-Whitewater in Whitewater, WI to
provide support services for mentally disabled
students to succeed in higher education............. 150,000
University of Wisconsin-Wood, WI, for science equipment
and furnishings..................................... 400,000
University of Wyoming, Laramie, WY for technological
infrastructure improvements......................... 400,000
University of Wyoming, Laramie, WY for the American
Heritage Center..................................... 315,000
Urban College of Boston in Massachusetts to support
higher education program serving low-income and
minority students................................... 900,000
Utah State Board of Regents, Utah Higher Education
Assistance Authority, Salt Lake City, UT, for
scholarships and program support under the Cesar
Chavez Scholarship Program.......................... 125,000
Utah Valley State College, Orem, UT for distance
education........................................... 50,000
Villa Julie College, Stevenson, MD, to establish a
nursing distance learning program................... 250,000
Virginia Military Institute, Lexington, Virginia, for
curriculum and program support of the Science and
Security Minor...................................... 500,000
Virginia State University, Petersburg, VA, for
technology equipment for the School of Engineering.. 350,000
Wake Technical Community College, Raleigh, NC, to
implement a first responder training program........ 100,000
Waldorf College, Forest City, IA, for lab equipment..... 150,000
Wallace Community College, Dothan, AL, for Teaching for
the Future Initiative............................... 250,000
Walsh College, Troy, MI for program development and
software for the Center of Excellence for
Information Assurance Education..................... 125,000
Washington College, Chestertown, MD, for equipment and
infrastructure technology........................... 260,000
Washington State University to provide education and
research opportunities for tribes and tribal
colleges and support the Northwest Regional Native
American project.................................... 250,000
Webster University, St. Louis, MO, for literacy
services, including the volunteer Student Literacy
Corps, at its Institute for Literacy................ 750,000
Wesleyan College, Macon, Georgia, Willet Memorial
Library............................................. 100,000
West Chester University, West Chester, PA, for
technology infrastructure upgrades.................. 100,000
West Kern Community College District, Taft, CA, for
equipment........................................... 150,000
Western Governor's University (WGU), Salt Lake City,
Utah to provide advanced education and competency-
based teaching degrees and certificates............. 800,000
Western Iowa Tech Community College, Sioux City, IA, for
equipment........................................... 120,000
Western Michigan University, College of Health and Human
Services, Kalamazoo, MI, for science equipment...... 400,000
Western Nebraska Community College, Scottsbluff,
Nebraska, for the Western Nebraska Center for
Business and Individual Training, including the
acquisition of equipment............................ 250,000
Western Nevada Community College to create an
Occupational Therapy Assistant program.............. 250,000
Western Oregon University, Monmouth, OR, for equipment
and technology for the Division of Computer Science,
Division of Business and Economics, and Department
of Mathematics...................................... 370,000
Wharton County Junior College, Wharton, TX, for
instructional equipment and technology information
management infrastructure........................... 500,000
Wheaton College, Norton, MA, for program development and
equipment for a new science facility................ 225,000
Widener University School of Law, Harrisburg, PA, for
technology infrastructure upgrades.................. 100,000
Widener University, Chester, PA for the Institute for
Graduate Clinical Psychology........................ 1,000,000
Wilkes University, Wilkes-Barre, PA, to develop
programming for a Language Institute to improve
foreign language study.............................. 100,000
Wilkes-Barre General Hospital, Wilkes-Barre, PA, to
develop nurse educator programs to instruct nursing
students............................................ 200,000
Wilson College, Chambersburg, PA, for the development of
a public policy institute to address the needs of
single mothers...................................... 100,000
Wisconsin Association of Independent Colleges and
Universities, WI, for a collaboration project to
consolidate administrative operations and
information technology.............................. 800,000
World Learning, Brattleboro, VT, to develop teaching
guides for the less-commonly-taught Asian languages. 100,000
York Technical College, Rock Hill, SC, for its National
Precision Metalworking Center of Excellence......... 650,000
Other Programs
The conference agreement includes $843,289,000 for TRIO
instead of $842,559,000 as proposed by the House and
$844,500,000 as proposed by the Senate. The agreement also
includes $308,960,000 for the GEAR UP program instead of
$318,230,000 as proposed by the House and $302,500,000 as
proposed by the Senate. The conferees intend that funds be
awarded on an annual basis and that the Department consult with
Congressional committees of jurisdiction prior to new grant
competition announcements. The conference agreement provides a
sixth and final year award to grantees first funded in 2000,
while continuing all other funded projects. The conferees also
intend that these funds are available to eligible 1999 grantees
that opt to apply for new grant awards servicing a cohort no
later than seventh grade, and are allowed to continue assisting
students who have not yet completed the program through high
school graduation.
The agreement also includes $41,000,000 for Byrd Honors
Scholarships as proposed by the Senate. The House did not
propose funding for this activity.
The conference agreement also includes $68,888,000 for
Teacher Quality Enhancement Grants instead of $88,888,000 as
proposed by both the House and the Senate. The agreement
includes $7,000,000 for demonstrations in disabilities,
$2,222,000 for the underground railroad program, and $3,000,000
for Thurgood Marshall Scholarships as proposed by the Senate.
The House did not propose funding these activities. The
agreement also includes $988,000 for Olympic Scholarships as
proposed by the House. The Senate bill did not provide funding
for this program.
Howard University
The conference agreement includes $240,715,000 for Howard
University instead of $243,893,000 as proposed by the House and
$239,763,000 as proposed by the Senate.
Institute of Education Sciences
The conference agreement includes $527,453,000 for
Education Research, Statistics and Improvement instead of
$526,804,000 as proposed by the House and $536,804,000 as
proposed by the Senate.
The conference agreement includes $25,000,000 for
statewide data systems instead of $30,000,000 as proposed by
the House and $40,000,000 as proposed by the Senate. The
Educational Technical Assistance Act of 2002 authorized a
competitive grant program to State Educational Agencies to
enable such agencies to design, develop, and implement,
statewide, longitudinal data systems to manage, analyze,
disaggregate, and use individual student data. The conferees
believe these funds are necessary to help States measure
individual student performance, particularly as it relates to
adequate yearly progress goals, more efficiently and more
accurately. The conferees also urge the Department to establish
a priority for those States that currently have the most
limited ability to collect, analyze and report individual
student achievement data when considering applications for
funds available through this program.
The conferees expect the Department to develop and
implement this program so that it serves the key goals of
generating and using accurate and timely data to facilitate
research needed to improve student achievement, eliminate
achievement gaps and comply with and meet reporting
requirements of the Elementary and Secondary Education Act, as
stated in section 208(c) of Public Law 107-279. The conferees
believe that this program, if effectively implemented so as to
enable the collection of longitudinal data on individual
student achievement, will greatly facilitate randomized
controlled trials and other rigorous longitudinal studies
needed to determine which educational interventions are
effective and which are not.
The conferees believe that a greater focus must be placed
on the use of randomized controlled trials, longitudinal
studies, and other research that meets the standards set by the
National Research Council. For this reason, the conferees
strongly encourage IES to work with the Secretary to create a
competitive preference system whereby schools would receive
priority for awards by agreeing to participate in randomized
research studies. One potential system would entail funding
schools in pairs, where at random one school would receive a
new program immediately and the other would receive it a year
later, thereby creating conditions conducive to randomized
controlled studies.
The conference agreement also includes $83,774,000 for
research and innovation in special education. Within the total,
the conference agreement includes funding for the following:
Best Buddies Connecticut, New Haven, CT, to enhance the
lives of people with mental retardation by providing
opportunities for one-to-one friendships and
integrated employment............................... $150,000
Best Buddies International, Inc., Miami, FL, to enhance
the lives of people with mental retardation by
providing opportunities for one-to-one friendships
and integrated employment........................... 1,000,000
Best Buddies Maryland, Baltimore, MD, to enhance the
lives of people with mental retardation by providing
opportunities for one-to-one friendships and
integrated employment............................... 250,000
Best Buddies Rhode Island, Providence, RI, to enhance
the lives of people with mental retardation by
providing opportunities for one-to-one friendships
and integrated employment........................... 200,000
Best Buddies Texas, Houston, TX, for program expansion.. 50,000
Best Buddies Virginia, Miami, FL for expansion of
Northern Virginia programs.......................... 140,000
Bubel/Aiken Foundation for a demonstration on K-12
Inclusion Community Service......................... 500,000
Celeste Foundation, Mt. Doro, FL, to provide technical
assistance to parents and caregivers of autistic
children on early intervention therapies............ 1,400,000
Center for Creative Play, Pittsburgh, PA, to support
services for disabled children and their families... 25,000
Center for Functional and Molecular Imaging, Georgetown
University, Washington, DC, for the Early Diagnosis
of Developmental Dyslexia Project................... 250,000
City of Rocklin, California, for a Rocklin Integrated
Schools Program..................................... 195,000
Daemen College, Amherst, NY, for special education
services............................................ 600,000
Fiesta Educativa, Inc., Los Angeles, CA, for its Fiesta
Familiar, home-based training initiative for parents
of children with disabilities....................... 55,000
Friendship Circle, West Bloomfield, MI for Life Village. 425,000
Holy Family Learning Center, Pittsburgh, PA, to provide
specialized educational services to children and
adults.............................................. 100,000
Illinois State University, Normal, IL for the Special
Education Assistive Technology Center............... 500,000
International Center on Deafness and the Arts,
Northbrook, IL for a teacher training program....... 200,000
Jeremiah Cromwell Disabilities Center, Portland, ME, for
library enhancements and awareness training for
elementary school students.......................... 100,000
Learning Disabilities Association of America,
Pittsburgh, PA, to expand parent and teacher
training programs and to increase resources
available regarding learning disabilities........... 25,000
Learning Disabilities Association of Central New York,
E. Syracuse, NY for educational consulting services. 100,000
Lee Pesky Learning Center, Boise, ID, to provide
educational materials............................... 200,000
Lehigh University, Bethlehem, PA, for research to
improve the lives of disabled individuals at the
Center for Promoting Healthy Development for
Individuals with Disabilities....................... 100,000
Middle Tennessee State University, Murfreesboro, TN, for
its Center for the Study and Treatment of Dyslexia
to improve instruction for students with dyslexia... 500,000
National Cued Speech Association, Cleveland, OH, for a
deaf children's literacy project.................... 325,000
Ohio School for the Deaf, Columbus, OH, for the virtual
reality educational system for the deaf............. 100,000
Parent Training and Information Center of Iowa--The
Legal Hand Project.................................. 100,000
Peoria School District 150, Peoria, IL, to establish a
special education technology partnership with
Department of Special Education at Illinois State
University.......................................... 200,000
School for Children with Hidden Intelligence, Lakewood,
NJ, for disability education........................ 300,000
Sephardic Community Center, Brooklyn, NY, to expand
weekend and summer programming for children with
learning disabilities............................... 100,000
Southeast Island School District to develop two-way
interactive video conferencing to provide special
education services at 9 isolated school sites in
Southeast Alaska.................................... 100,000
Spurwink Institute, New Gloucester, ME to work with area
schools to provide a comprehensive network of
support for special education students and juvenile
offenders........................................... 400,000
U.S. Disabled Athletes Fund, Atlanta, GA for the Blaze
Sports Clubs for youth with disabilities............ 100,000
United Cerebral Palsy Central PA, Camp Hill, PA, in
collaboration with the Cumberland-Perry Association
for Retarded Citizens, Carlisle, PA, for a
contemporary day program for young adults with
disabilities........................................ 25,000
University of Northern Colorado National Center for Low-
Incidence Disabilities.............................. 450,000
University of Northern Iowa, Cedar Falls, IA, for
WeBCATT: The National Institute of Technology for
Inclusive Education project......................... 333,000
University of Southern Mississippi, Hattiesburg, MS, for
the Center for Literacy and Assessment.............. 1,000,000
Workplace Technology Foundation, King of Prussia, PA to
provide training to special education students to
increase employability upon graduation.............. 25,000
Departmental Management
The conference agreement includes $423,379,000 for
Departmental program administration instead of $421,055,000 as
proposed by the House and $420,379,000 as proposed by the
Senate. The agreement also includes $90,248,000 for the Office
for Civil Rights as proposed by the House instead of
$92,801,000 as proposed by the Senate. The agreement also
includes $47,790,000 for the Office of the Inspector General as
proposed by the House instead of $50,576,000 as proposed by the
Senate.
The conferees applaud the Department for its support of
the Strengthening the Capacity of Historically Black Colleges
and Universities (HBCU) through a Collaborative Initiative,
which is designed to achieve an improved cadre of senior
leaders, more effective management of HBCUs, more efficient
campus operations, and better governance at public and private
HBCUs. The conferees encourage the Department to explore all
possible actions to increase the availability of technical
assistance that supports these institutions' efforts to
maintain the financial standing necessary to meet performance
standards and accreditation.
The conferees are concerned about the continued delay in
release of the title IV handbook regarding campus crime
statistics that was called for more than 18 months ago. The
conferees urge the Department to release the handbook as soon
as possible. In addition, the conferees expect the Department
to implement a training program that will help institutions of
higher education utilize this new handbook and comply with
section 458(f) of the Higher Education Act.
General Provisions
IMPACT AID APPLICATION DEADLINE EXTENSION
The conference agreement includes a provision making a
technical change to the Impact Aid program to extend the
application deadline for applying for section 8002 federal
property payments from fiscal year 2005 to fiscal year 2007 as
proposed by the House. The Senate bill contained no similar
provision.
LOAN CONSOLIDATIONS
The conference agreement does not include a provision
proposed by the House relating to consolidation loans. The
Senate bill contained no similar provision.
EDUCATION BLOCK GRANT AND EVEN START FUNDING
The conference agreement does not include a provision
proposed by the House relating to funding for the education
block grant and Even Start programs. Funding for these programs
is provided elsewhere in title III of this bill.
FEDERAL NEEDS ANALYSIS
The conference agreement does not include language
proposed by the Senate prohibiting the Department of Education
from implementing annual updates to the tax tables used in
Federal Needs Analysis Methodology. The House bill contained no
similar provision.
TECHNICAL CORRECTIONS
The conference agreement contains two technical
corrections relating to projects included in the fiscal year
2004 bill. Neither the House nor the Senate bills contained
similar provisions.
PELL GRANT ELIGIBILITY
The conference agreement includes a new general provision
related to eligibility for Pell Grants for certain students
enrolled in institutions of higher education in Palau. Neither
the House nor the Senate bills contained this provision.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
The conference agreement includes $61,624,000 for the
Armed Forces Retirement Home instead of $61,195,000 as proposed
by the House and the Senate.
Committee for Purchase From People Who Are Blind or Severely Disabled
The conference agreement provides $4,707,000 for the
Committee for Purchase from People who are Blind or Severely
Disabled instead of $4,672,000 as proposed by the House and as
proposed by the Senate in S. 2806.
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
The conference agreement includes $356,598,000 for the
Domestic Volunteer Service programs instead of $353,197,000 as
proposed by the House and $357,814,000 as proposed by the
Senate.
Volunteers in Service to America (VISTA)
The conference agreement includes $95,000,000 for VISTA
instead of $93,731,000 as proposed by the House and $96,428,000
as proposed by the Senate.
National Senior Volunteer Corps
The conference agreement includes $112,323,000 for the
Foster Grandparent Program (FGP) as proposed by both the House
and the Senate. The conferees intend that one-third of the
increase over the fiscal year 2004 level shall be used to fund
Program of National Significance [PNS] expansion grants to
allow existing FGP programs to expand the number of volunteers
serving in areas of critical need. All remaining funds shall be
used to fund an administrative cost increase for each Foster
Grandparent Program nationwide. The amount to be allocated to
individual grantees shall be calculated based on a percentage
of the entire federal grant award in FY 2004, including the
amount specified for payment of non-taxable stipends to Foster
Grandparent volunteers. The Corporation for National and
Community Service (CNCS) shall comply with the directive that
use of PNS funding increases in the FGP shall not be restricted
to any particular activity. The conferees further direct that
CNCS shall not stipulate a minimum or maximum amount for PNS
grant augmentation.
The maximum amount that CNCS may use in FY 2005 for
communications and training and technical assistance activities
shall not exceed the amount enacted for these two activities in
FY 2004.
The conference agreement also includes $46,275,000 for
the Senior Companion Program (SCP) instead of $45,987,000 as
proposed by the House and $46,563,000 as proposed by the
Senate. The agreement also includes $59,000,000 for the Retired
Senior Volunteer Program (RSVP) instead of $58,156,000 as
proposed by the House and $60,000,000 as proposed by the
Senate.
Funds appropriated for FY 2005 may not be used to
implement or support service collaboration agreements or any
other changes in the administration and/or governance of
national service programs prior to passage of a bill by the
authorizing committee of jurisdiction specifying such changes.
The Corporation shall comply with the directive that use
of funding increases in the FGP, RSVP, SCP and VISTA not be
restricted to any particular activity. In addition, none of
these increases may be used to fund demonstration activities.
The conferees have not included funding for senior
demonstration activities.
Program Administration
The conference agreement includes $39,000,000 for program
administration instead of $38,000,000 as proposed by the House
and $37,500,000 as proposed by the Senate.
Corporation for Public Broadcasting
The conference agreement includes $39,705,000 for digital
conversion instead of $49,705,000 as proposed by the Senate.
The House had proposed providing authority for CPB to utilize
previously appropriated funds for this purpose.
The conference agreement also includes $40,000,000 as the
second installment of a three-year project to replace the
satellite interconnection system. The Senate had proposed
$50,000,000 for this purpose. The House had proposed providing
authority for CPB to utilize previously appropriated funds for
this purpose.
The conferees strongly urge the CPB to allocate not less
than $100,000 to the 14 public radio stations around the nation
that provide the sole source of radio news and information in
their communities. The additional funds would permit these
stations to extend their broadcast hours and improve service to
their listeners.
Federal Mediation and Conciliation Service
The conference agreement provides $44,797,000 for the
Federal Mediation and Conciliation Service instead of
$43,964,000 as proposed by the House and $44,464,000 as
proposed by the Senate.
The conferees continue to support the FMCS program to
prevent youth violence. The conferees are especially pleased
with the development of a CD-ROM that will address conflict
resolution among preschool and elementary age children.
Included in the total appropriation is $500,000 to be used for
FMCS to continue their work to prevent youth violence by
teaching students mediation and conflict resolution techniques.
Federal Mine Safety and Health Review Commission
The conference agreement provides $7,872,000 for the
Federal Mine Safety and Health Review Commission instead of
$7,813,000 as proposed by the House and the Senate.
Institute of Museum and Library Services
The conference agreement provides $282,827,000 for the
Institute of Museum and Library Services instead of
$261,743,000 as proposed by the House and $262,240,000 as
proposed by the Senate.
Within the total for the Institute, the conference
agreement includes funding for the following activities in the
following amounts.
[In thousands of dollars]
Program FY 2005
Museums for America..................................... $18,000
Museum Assessment....................................... 450
Museum Conservation Prog................................ 3,630
Museum Natl. Leadership Proj............................ 7,600
Native American Museum Services......................... 850
Library Serv. State Grants.............................. 162,000
Native American Library Services........................ 3,500
Library Natl. Leadership Grants......................... 12,400
Librarians for the 21st Century......................... 23,000
Administration.......................................... 11,186
Within the funds provided for Museums of America,
$1,000,000 is for continuation of the 21st Century Museum
Professional program.
The conference agreement also specifies funding for the
following:
Academy of Natural Sciences, Philadelphia, PA, for
exhibits and programming associated with the Lewis
and Clark expedition................................ $100,000
Alaska Native Heritage Museum, Anchorage, AK in
cooperation with the Koahnic Broadcasting
Corporation for its Elders Oral History Project..... 300,000
Alex Haley House and Museum, Henning, TN to preserve
collections and improve exhibits.................... 50,000
Allegheny County, Pittsburgh, PA for exhibit design and
development......................................... 100,000
Allentown Public Library, Allentown, PA, for
technological upgrades and educational programs..... 100,000
AMISTAD America, Inc., New Haven, CT, for an endowment
fund as authorized under P.L. 108-184............... 400,000
Amistad Research Center, Tulane University, New Orleans,
LA, for faculty research fellowship and student
internship programs................................. 320,000
Anniston Museum of Natural History, Anniston, AL, for
enhanced classroom curriculum....................... 50,000
Antiquarian & Landmarks Society, Hartford, CT, for the
Nathan Hale Homestead in Coventry................... 100,000
Arab Community Center for Economic and Social Services
(ACCESS), Dearborn, MI, for exhibits and museum
programs............................................ 100,000
Athenaeum of Philadelphia, Philadelphia, PA, for
conservation and preservation of library materials.. 75,000
Audubon Pennsylvania, Audubon, PA, for exhibits and
nature education programs at the Mill Grove Audubon
Center.............................................. 75,000
Autry National Center, Los Angeles, CA, for exhibits,
education programs and outreach at its Southwest
Museum of the American Indian and/or its Museum of
the American West................................... 200,000
Baylor University, Waco, TX, for archival activities,
exhibits, and education programs for the Mayborn
Museum Complex...................................... 200,000
Beth Medrash Govoha, Lakewood, NJ, for equipment,
exhibits and preservation of collections............ 500,000
Bibliographical Society of America, New York, NY........ 125,000
Bishop Museum in Hawaii for digitization of old Hawaiian
language newspapers and other activities to preserve
the culture of Native Hawaiians..................... 500,000
Boys and Girls Harbor, New York, NY, for the
preservation and digitalization of Raices
Collection, a multi-media collection documenting the
history of Afro-Caribbean Latin music in America.... 100,000
Brooklyn Academy of Music, Brooklyn, NY, for
preservation and management of its archives......... 75,000
Business Association of West Parkside, Philadelphia, PA
to exhibit the Negro Leagues Baseball Memorial...... 50,000
Canton Museum of Art, Canton, OH, to develop and
implement the HeARTland program..................... 200,000
Cape Cod Maritime Museum, Hyannis, MA, for the
development of exhibitions and programs............. 100,000
Carnegie Museums of Pittsburgh, Pittsburgh, PA, for
preservation of collections at the Carnegie Museum
of Natural History.................................. 100,000
Catawba County Historical Association, Newton, NC....... 25,000
Chaldean Community Culture Center, West Bloomfield, MI,
for programs that promote Chaldean language,
history, culture and teacher training............... 200,000
Charles H. Wright Museum of African American History,
Detroit, MI, for exhibits, education programs,
technology and operations........................... 400,000
Cherry Hill Township in New Jersey for improved library
technology.......................................... 84,000
Chicago Historical Society, Chicago, for expansion of
the Chicago Historical Society's collections and
exhibits............................................ 150,000
Children's Museum in Oak Lawn, Oak Lawn, IL, for its
``Explore and Soar'' education program.............. 200,000
City of Henderson, NC, for personnel, equipment and
technology for the H. Leslie Perry Memorial Library. 100,000
City of Jackson, MS, for the Medger Wiley Evers Museum
for program and exhibit design and development...... 200,000
City of Jackson, TN, to support technology upgrades at
the Jackson-Madison County Public Library........... 250,000
City of Murrieta Public Library, Murrieta, CA, for a
Literacy thru Technology Program.................... 150,000
Claude Pepper Center in Tallahassee, FL, for the
digitization of library holdings.................... 500,000
College of Physicians of Philadelphia, Philadelphia, PA,
to preserve its medical library and art collection.. 100,000
Colleton County Memorial Library, Walterboro, SC, for
books and library materials......................... 50,000
Columbus Museum of Art, Columbus, OH, to develop, test,
and fabricate the exhibition, train teachers and
docents and publicize the project and produce
related educational materials....................... 76,000
Contra Costa County, Martinez, CA, for the Contra Costa
Reads program....................................... 72,000
Currier Museum of Art, Manchester, NH, for educational
programs and community outreach..................... 300,000
Des Moines Arts Center for the protection of the current
collection.......................................... 825,000
East Tennessee Historical Society, Knoxville, TN, to
expand and develop exhibits that teach of the
culture and history of East Tennessee............... 500,000
Edison House Museum, Louisville, KY, for educational
programs............................................ 30,000
Everhart Museum, Scranton, PA........................... 100,000
Experience Music Project in Seattle, WA, for an Oral
History Program..................................... 430,000
Fairfax County Public Library, Fairfax, VA, for its
Motheread/Fatheread Plus family literacy initiative. 100,000
Field Museum, Chicago, IL, for establishing networked
computer database for collections management........ 800,000
Fine Arts Museums of San Francisco for the De Young
Museum's Art Education Program...................... 100,000
Florence Library Learning Center, Los Angeles, CA, for
reading and other education programs................ 275,000
Florida International Museum, St. Petersburg, FL, for
professional activities............................. 650,000
Folger Library, Washington, DC, for exhibits,
operations, and public programs including education
and outreach........................................ 500,000
Frederick Douglass Museum, Washington, DC, for an
African American cultural outreach center........... 50,000
Free Library of Philadelphia, Philadelphia, PA, for
technology and equipment upgrades................... 75,000
George Washington University, Washington, DC, for the
Eleanor Roosevelt Papers Project.................... 350,000
Greenburgh Public Library, Tarrytown, NY, for computers
and technology...................................... 12,000
Greensburg Hempfield Area Public Library, Greensburg,
PA, for computers................................... 50,000
Grout Museum, Waterloo, IA, for exhibitions............. 500,000
Harbor Heritage Society, Cleveland, OH, for MAKING
WAVES: Vessel-wide interpretive exhibit planning for
the Steamship William G. Mather Maritime Museum..... 200,000
HealthSpace Cleveland, Cleveland, OH, for exhibits...... 250,000
Hellenic Cultural Association, Salt Lake City, UT, for
exhibit and program development at the Hellenic
Cultural Museum..................................... 75,000
Hendry County, LaBelle, FL, for books and technology for
Harlem Library...................................... 150,000
Hesperia Community Library, Hesperia, CA................ 500,000
Historical Society of Western Pennsylvania, Pittsburgh,
PA, for exhibit and curriculum development for the
Western Pennsylvania Sports Museum.................. 75,000
HistoryMakers, Chicago, IL, to create a digital archive
dedicated to preserving the history and
accomplishments of African Americans................ 75,000
Home Port Alliance for the USS New Jersey for
restoration and preservation........................ 150,000
Hopkinsville-Christian County Public Library,
Hopkinsville, KY.................................... 100,000
Hunter College, New York, NY, to digitize, preserve and
archive collections of the Center for Puerto Rican
Studies and for public access and dissemination
activities.......................................... 250,000
Huntsville Museum of Art, Huntsville, AL, for exhibits,
technology, outreach and education programs......... 300,000
International Museum of Women, San Francisco, CA, for
education and teacher professional development
programs............................................ 300,000
Iona College, NY, for technology upgrade for the Ryan
Library............................................. 75,000
Italian-American Cultural Center of Iowa in Des Moines,
IA, for exhibits, multi-media collections, display.. 150,000
Jackson County Library System, Ripley, WV............... 72,000
James Ford Bell Museum of Natural History, University of
Minnesota, Minneapolis, MN, for exhibits and
education programs.................................. 415,000
Johnstown Area Heritage Association, Johnstown, PA, for
exhibits and education programs for the Heritage
Discovery Center.................................... 350,000
Josephine School Community Museum, Berryville, VA....... 25,000
Kansas State University, Manhattan, KS, for the 20th
Century Soldier Project............................. 400,000
Kidspace Children's Museum, Pasadena, CA, to develop its
Shake Zone Education Exhibit........................ 250,000
Lafayette College, Easton, PA, for technology updates to
the David Bishop Skillman Library................... 100,000
Livingston Parish Hungarian Museum, Denham Springs, LA.. 50,000
Maltz Museum of Jewish Heritage, Beachwood, OH, for a
Cradle of Christianity: Biblical Treasures from the
Holy Land traveling exhibition...................... 500,000
MAPS Air Museum, North Canton, OH, to develop
educational displays, upkeep of current displays,
library expansion, historical research and operation
expenses............................................ 250,000
Mauch Chunk Historical Society of Carbon County, Jim
Thorpe, PA.......................................... 100,000
Memphis Zoo, Memphis, TN, to develop exhibits and
support student programs............................ 500,000
Miami Museum of Science & Space Transit Planetarium,
Miami, FL, for exhibits, outreach, and education
programs............................................ 400,000
Mid-Hudson Children's Museum, Poughkeepsie, NY, for a
Comprehensive Technology Enrichment Program to
enhance exhibits.................................... 200,000
Milford Area Historical Society, Milford, OH, for the
Promont House Museum................................ 40,000
Milton J. Rubenstein Museum of Science and Technology,
Syracuse, NY........................................ 450,000
Missouri Historical Society, St. Louis, MO, for the
establishment and maintenance of an archive for
materials relating to the Congressional career of
the Honorable Richard A. Gephardt................... 1,540,000
Mount Vernon Public Library, Mount Vernon, NY, for
operations and upgrades............................. 260,000
Mt. San Antonio College, Walnut, CA, for equipment...... 100,000
Museum of Appalachia, Norris, TN, to preserve and
restore the collection of Appalachian pioneer
artifacts........................................... 500,000
Museum of Aviation Foundation, Warner Robins, GA........ 250,000
Museum of Fine Arts, Boston, MA, for the development of
exhibitions and programs............................ 200,000
Museum of Flight in Seattle, WA, for the American
Fighter Aces Archive and Collection................. 600,000
Museum of Science and Industry, Chicago, IL, for the
Science in Your World Program....................... 250,000
Museum of Science, Boston, MA, for community outreach,
exhibit design and development, and educational
programs............................................ 500,000
National Center for American Revolution, Wayne, PA, for
exhibit design and curriculum development for the
Museum of the American Revolution at Valley Forge
National Historic Park.............................. 75,000
National City Public Library, National City, CA, for
collections and technology.......................... 100,000
National D-Day Museum in New Orleans, LA, to improve the
education, outreach, and exhibition of the museum... 950,000
National Museum of American Jewish History,
Philadelphia, PA, to develop a fully interactive
learning center linked to their web site that will
extend the reach of the Museum...................... 100,000
National Museum of Women in the Arts, Washington, DC.... 1,000,000
National Trust for Historic Preservation, Washington,
DC, for the Farnsworth House Museum in Plano, IL.... 750,000
Native American Cultural Center and Museum, Oklahoma
City, OK............................................ 2,100,000
New York Botanical Garden, Bronx, NY, for the Virtual
Herbarium Project................................... 500,000
New York Hall of Science to develop, expand, and display
science-related materials........................... 1,000,000
North Carolina Museum of Art Foundation, Inc., Raleigh,
NC, for exhibits and education programs............. 90,000
Omaha Performing Arts Center in Nebraska for
telecommunications systems.......................... 1,000,000
Pennsylvania Hunting & Fishing Museum, Warren, PA, to
develop curriculum for conservation education....... 100,000
Pittsburgh Children's Museum, Pittsburgh, PA, to expand
arts and after-school programs for at-risk children. 200,000
Please Touch Museum, Philadelphia, PA, to develop
educational programs focusing on hands-on learning
experiences......................................... 950,000
Portland State University, Portland, OR, to enhance
library collections and outreach in the area of
Middle Eastern and Judaic Studies................... 320,000
Putnam County Library, Cookeville, TN, to improve
exhibits and purchase technology upgrades........... 50,000
Reading Company Technical and Historical Society, Inc.,
Reading, PA, to expand interpretive activities...... 100,000
Rochester Museum & Science Center, Rochester, NY, for
expansion of exhibitions............................ 550,000
Rock and Roll Hall of Fame and Museum, Cleveland, OH,
for music education programs........................ 350,000
Saint Louis County Economic Council, Saint Louis, MO,
for Jefferson Barracks.............................. 200,000
Sam Davis Memorial Association, Smyrna, TN, for
interpretive exhibits and education programs for the
Sam Davis Home...................................... 100,000
San Bernardino County, San Bernardino, CA, for the San
Bernardino County Museum............................ 350,000
Save the Speaker's House, Inc., Trappe, PA.............. 300,000
Sci-Quest, The North Alabama Science Center, Huntsville,
AL, for science and mathematics education programs.. 315,000
Serra Cooperative Library System, San Diego, CA......... 175,000
Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, CA, for the Tools for
Tolerance for Educators program to provide teacher
training in diversity, tolerance and cooperation.... 100,000
Smithtown Library, Smithtown, NY, for equipment and
technology for its Virtual Worldwide Neighborhood
Website Project..................................... 50,000
Soldiers and Sailors National Military Museum and
Memorial, Pittsburgh, PA, for education and outreach
programs............................................ 75,000
Southwest Missouri State University, Springfield, MO,
for digitization of Archives and Rare-book
Collections at the Meyer Library.................... 125,000
Stark County Park District, Canton, OH, for exhibits.... 250,000
State Historical Society of Iowa in Des Moines, IA, for
the development of exhibits for the World Food Prize 1,000,000
Taft Museum of Art, Cincinnati, OH...................... 250,000
Tubman African American Museum, Macon, GA............... 600,000
University of Alaska Fairbanks for the continuation of
the Alaska Digital Archives project................. 250,000
University of Vermont of Burlington, VT, for a
digitization project for the preservation of Vermont
cultural heritage materials......................... 250,000
Vietnam Archives Center at Texas Tech University,
Lubbock, TX, for technology infrastructure.......... 500,000
Virginia Living Museum, Newport News, VA, for science
education........................................... 200,000
Waterloo Center for the Arts, Waterloo, IA, for the
Youth Pavilion to provide educational programs and
exhibit design and development...................... 135,000
Western Reserve Historical Society, Cleveland, OH....... 400,000
William McKinley Presidential Library and Museum,
Canton, OH.......................................... 25,000
Williamsburg County Library, Kingstree, SC, for books,
library materials and computers..................... 50,000
Winchester Conservation Museum, Edgefield, SC........... 250,000
Wisconsin Historical Society, Madison, WI, to catalog
and microfilm military base papers.................. 50,000
Witte Museum, San Antonio, TX, for the Water Works
project............................................. 100,000
Woodmere Art Museum, Philadelphia, PA, for technology
upgrades and education and outreach programs........ 75,000
Woodrow Wilson Presidential Library, Staunton, VA....... 500,000
World War II Victory Memorial Museum, Auburn, IN........ 100,000
Zimmer Children's Museum, Los Angeles, CA, to develop
and expand the youTHink education program........... 75,000
Medicare Payment Advisory Commission
The conference agreement provides $9,979,000 for the
Medicare Payment Advisory Commission instead of $9,905,000 as
proposed by the House and the Senate.
National Commission on Libraries and Information Science
The conference agreement provides $1,001,000 for the
National Commission on Libraries and Information Science
instead of $1,000,000 as proposed by the House and $994,000 as
proposed by the Senate.
National Council on Disability
The conference agreement provides $3,371,000 for the
National Council on Disability instead of $2,873,000 as
proposed by the House and $3,371,000 as proposed by the Senate.
National Labor Relations Board
The conference agreement provides $251,875,000 for the
National Labor Relations Board instead of $248,875,000 as
proposed by the House and $250,000,000 as proposed by the
Senate.
The conferees have included additional funds over the
budget request to reduce the backlog.
The conferees concur with language in the Senate report
regarding the NLRB's plan to restructure its regional offices
and specifically oppose the elimination of Region 30 and the
subsequent downgrading of the Region 30 Office to sub-regional
status.
National Mediation Board
The conference agreement provides $11,722,000 for the
National Mediation Board instead of $11,635,000 as proposed by
the House and the Senate.
The conferees are concerned regarding the National
Mediation Board's (NMB) proposal to implement new fees for
arbitration services in a Notice of Proposed Rulemaking
published in the Federal Register on August 9, 2004. Prior to
implementing these new fees, the conferees strongly urge the
NMB to hold additional public hearings to examine any potential
negative impact of the proposed fees. The conferees request
that the National Mediation Board be prepared to discuss this
matter during consideration of its fiscal year 2006 budget.
Occupational Safety and Health Review Commission
The conference agreement provides $10,595,000 for the
Occupational Safety and Health Review Commission instead of
$10,516,000 as proposed by the House and the Senate.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The conference agreement provides $103,370,000 for the
Railroad Retirement Board Limitation on Administration Expenses
instead of $102,202,000 as proposed by the House and
$102,600,000 as proposed by Senate.
Railroad Retirement Board
OFFICE OF INSPECTOR GENERAL
The conference agreement includes a limitation on
transfers from the railroad trust funds of $7,254,000 for
administrative expenses of the Office of Inspector General
instead of $6,561,000 as proposed by the House and $7,200,000
as proposed by the Senate.
The conference agreement does not include language
proposed by the Senate that allows the Office of the Inspector
General to conduct audits, investigations, and reviews of the
Medicare programs.
Social Security Administration
SUPPLEMENTAL SECURITY INCOME PROGRAM
The conference agreement includes $28,710,829,000 for the
Supplemental Security Income Program instead of $28,702,829,000
as proposed by the House and $25,451,949,000 as proposed by the
Senate. The conference agreement also includes an advance
appropriation of $10,930,000,000, as proposed by the House, for
the first quarter of fiscal year 2006, to ensure uninterrupted
benefit payments. The Senate proposed an advance appropriation
of $14,130,000,000. Also within the total, $2,986,900,000 is
included for the administrative costs of the program as
proposed by the House. The Senate included $2,928,020,000 for
administrative costs.
Within the funds provided, the conference agreement
includes $8,000,000, as proposed by the Senate, for outreach
efforts and assistance to homeless persons and other
underserved populations. The House bill did not contain this
funding.
The conference agreement does not include a provision
proposed by the Senate that changes the date of an SSI benefit
payment from fiscal year 2005 to 2006. The House did not
include this provision.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes $8,798,296,000 for the
limitation on administrative expenses rather than
$8,798,100,000 as proposed by the House and $8,622,818,000 as
proposed by the Senate. Included in the conference agreement is
bill language to allow SSA to collect fees as authorized by the
Social Security Protection Act for certification of non-
attorney representatives of claimants.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $91,107,000 for the
office of inspector general as proposed by the House rather
than $92,000,000 as proposed by the Senate.
United States Institute of Peace
The conference agreement does not include funding for the
United States Institute of Peace in this title. The Senate bill
proposed $22,099,000 for this program while the House included
funding for this program in the Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations bill.
Funding for this program is provided in Division B.
TITLE V--GENERAL PROVISIONS
MADE IN AMERICA
The conference agreement deletes without prejudice a
general provision as proposed by the Senate pertaining to the
purchase of American-made products and equipment with funds
made available in this Act. The House bill did not propose a
similar provision.
WELDON AMENDMENT
The conference agreement includes language as proposed by
the House in section 509 of H.R. 5006. The Senate bill
contained no similar provision.
LIMITATION ON LIBRARIES
The conference agreement includes a limitation on the
ability of a library to access library funding provided under
this Act unless the library is in compliance with the
Children's Internet Protections Act, as proposed by the House.
The Senate bill contained no similar provision.
LIMITATION ON SCHOOLS
The conference agreement includes a limitation on the
ability of an elementary or secondary school to access
technology funding provided under this Act unless the school is
in compliance with the Children's Internet Protections Act, as
proposed by the House. The Senate bill contained no similar
provision.
RRB LIMITATION
The conference agreement concurs with House language
limiting the availability of funds to the Railroad Retirement
Board to enter into an arrangement with a nongovernmental
financial institution to serve as disbursing agent for benefits
payable under the Railroad Retirement Act of 1974. The Senate
bill proposed similar language.
LIMITATIONS ON THE USE OF FUNDS
The conference agreement modifies a general provision as
proposed by the House pertaining to the reprogramming of funds.
As per the requirement of this section, the conferees reiterate
the instruction that the Departments and agencies funded
through this Division make a written request to the House and
Senate Committees on Appropriations at least 15 days prior to
the reprogramming of funds in excess of $500,000, or 10%,
whichever is less.
PBGC LIMITATION
The conference agreement deletes without prejudice a
general provision proposed by the House that none of the funds
appropriated by this Act may be used by the Pension Benefit
Guaranty Corporation to enforce section 4010(c) of the Employee
Retirement Income Security Act. The Senate bill did not propose
similar language.
FOREIGN CONFERENCES
The conference agreement does not include a general
provision as proposed by the House pertaining to the attendance
of HHS employees at foreign conferences. The Senate bill did
not contain a similar provision. The conferees are pleased that
in the current constrained fiscal environment, the Secretary of
HHS has taken steps to monitor and limit travel by HHS agency
employees to international conferences. The Secretary should,
however, ensure that all necessary U.S. scientists are
permitted to attend important international scientific meetings
to present their research findings and to learn about research
being conducted in other countries.
NIMH GRANTS
The conference agreement does not include a general
provision as proposed by the House regarding NIMH grants. The
Senate bill did not contain a similar provision. The conferees
reiterate their support of the two-tiered peer review process
used by NIH to judge research grant applications and continue
to expect NIH to ensure that its funds are allocated to
research that is both scientifically meritorious and has high
potential public health impact.
OVERTIME REGULATIONS
The conference agreement deletes without prejudice
language proposed by the House and Senate stating that none of
the funds provided may be used to implement or administer any
changes to regulations regarding overtime compensation in
effect on July 14, 2004.
HIGHER EDUCATION SPECIAL ALLOWANCE FOR 9.5% LOANS
The conference agreement does not include a provision
that prohibits the use of funds for the Secretary to administer
or pay any special allowance under sections of the Higher
Education Act of 1965 pursuant to provisions of the regulations
of the Department of Education. The Senate bill contains no
similar provision.
IMMIGRATION LIMITATION
The conference agreement does not include a provision
that prohibits the use of funds by the Department of Education
in contravention of sections of the Illegal Immigration Reform
and Responsibility Act of 1996. The Senate bill contains no
similar provision.
NATIVE HAWAIIAN GOVERNING ENTITY RECOGNITION
The conference agreement does not include a provision,
proposed by the Senate, recognizing the Native Hawaiian
governing entity as the representative governing body of the
Native Hawaiian people. The House did not propose a similar
provision.
NORTHERN LIGHTS BOULEVARD PROPERTY
The conference agreement includes a provision conveying
the property at 1818 W. Northern Lights Boulevard in Anchorage,
Alaska from the U.S. Government to the Southcentral Foundation
for a replacement Head Start facility. The House bill contains
no similar provision.
ACROSS-THE-BOARD SALARIES AND EXPENSES REDUCTION
The conference agreement includes a new provision to
reduce salaries and expenses of the Departments of Labor,
Health and Human Services, and Education by $18,000,000.
CONFERENCE AGREEMENT
The following table displays the amounts agreed to for
each program, project or activity with appropriate comparisons:
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $479,817,978
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 496,434,577
House bill, fiscal year 2005............................ 496,665,511
Senate bill, fiscal year 2005........................... 499,489,511
Conference agreement, fiscal year 2005.................. 497,552,511
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. +17,734,533
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +1,117,934
House bill, fiscal year 2005........................ +887,000
Senate bill, fiscal year 2005....................... -1,937,000
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
Legislative Branch Wide Matters
The conferees recognize the provisions of H.R. 4755 and
the accompanying House Report 108-577, and S. 2666 and the
accompanying Senate Report 108-307, and any instructions and
detail included in such reports are to be adhered to, unless
amended or restated herein.
Many items in both House and Senate Legislative Branch
Appropriations bills are identical and are included in the
conference agreement without change. The conferees have
endorsed statements of policy contained in the House and Senate
reports accompanying the appropriations bills, unless amended
or restated herein. With respect to those items in the
conference agreement that differ between House and Senate
bills, the conferees have agreed to the following with the
appropriate section numbers, punctuation, and other technical
corrections.
The conferees are very concerned with the responsiveness
and working relationships between the Committees and the Chief
Financial Officers of the agencies of the Legislative Branch.
In order for the Committees to review, analyze, evaluate, and
provide the budgetary resources to the agencies of the
Legislative Branch it is imperative that solid working
relationships exist between the Committees and each CFO, and
that they provide the highest level of timeliness, accuracy,
and confidentiality. The conferees believe that in order for
the budgetary cycle to accomplish the appropriate outcome the
collaborative arrangements are essential, however, emphasize to
the heads of the agencies, that the Committees will proceed
with the budgetary process with or without these cooperative
and confidential relationships.
It has also come to the attention of the conferees that
agencies of the Legislative Branch are using varying
assumptions and operating processes at times when the
Government is operating under a continuing resolution. The
conferees direct the members of Legislative Branch Financial
Managers Council to work together to assure that all agencies
are operating within the rules, regulations, and accounting
procedures required by a continuing resolution and report its
findings to the Committee on Appropriations of the House and
Senate by January 31, 2005.
The conferees emphasize to the Legislative Branch
agencies that the large budgetary increases requested in the
fiscal year 2005 budget submissions cannot be sustained. The
conferees encourage the agencies to submit more reasonable
budget requests for fiscal year 2006, and thereafter.
TITLE I
Senate
Appropriates $726,067,000 for Senate operations. Inasmuch
as these items relate solely to the Senate, and in accord with
long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention, the managers on the part of the House, at the
request of the managers on the part of the Senate, have receded
to the amendments of the Senate.
House of Representatives
Appropriates $1,048,581,000 for House operations.
Inasmuch as these items relate solely to the House, and in
accord with long practice under which each body determines its
own housekeeping requirements and the other concurs without
intervention, the managers on the part of the Senate, at the
request of the managers on the part of the House, have receded
to the amendments of the House.
Joint Items
JOINT ECONOMIC COMMITTEE
Appropriates $4,139,000 as proposed by the House and the
Senate.
JOINT COMMITTEE ON TAXATION
Appropriates $8,433,000 as proposed by the House instead
of $8,476,000 as proposed by the Senate.
OFFICE OF THE ATTENDING PHYSICIAN
Appropriates $2,528,000 as proposed by the House and the
Senate.
CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE
Appropriates $3,844,000 for the Capitol Guide Service and
Special Services Office as proposed by the House and the
Senate.
STATEMENTS OF APPROPRIATIONS
Appropriates $30,000 as proposed by the House and the
Senate.
Capitol Police
The conferees are very concerned that the Chief of the
Capitol Police has made operational decisions, which
necessitated levels of spending in excess of funds
appropriated, without consultation with the Committees. The
conferees direct that the Chief abide by the Antideficiency Act
and that the Department will operate within its appropriations
for the fiscal year. The Chief of Police should not expect
supplemental funding if he exceeds the appropriation. In the
future, all permanent security improvements are to be funded
within existing appropriations not the Emergency Response Fund.
If a long-term security need exists, the conferees expect the
Chief to propose funding solutions, and await approval from the
Capitol Police Board and the appropriate committees of Congress
for a permanent solution.
The conferees direct that the Chief of Police make every
effort to keep the Committees informed of all issues impacting
appropriations in a more timely manner. The Chief of Police is
directed to report quarterly, by approved line item, on
obligations to date compared to the original budgeted items,
beginning with the first quarter of fiscal year 2005, ending
December 31, 2004.
SALARIES
Appropriates $203,440,000 for salaries of officers,
members, and employees of the Capitol Police as proposed by the
House instead of $198,000,000 as proposed by the Senate.
The fiscal year 2002 conference report (H. Rpt. 107-259)
accompanying the Legislative Branch Appropriations bill
outlined reprogramming guidelines for the Legislative Branch.
The conferees are very concerned that the Capitol Police have
not followed the prescribed guidelines outlined in the fiscal
year 2002 conference report. The conferees direct the
Government Accountability Office to audit the budgetary
execution of the Capitol Police, beginning with fiscal year
2002, to determine if the established reprogramming guidelines
are being followed. The GAO is to report its findings to the
Committees on Appropriations of the House and Senate within 90
days of enactment of this Act. The conferees further direct
that the GAO continue to monitor the Capitol Police budget, in
terms of reprogramming actions, and report all reprogramming
actions in its regular semi-annual reports regarding the
Capitol Police administrative operations.
The conferees are concerned with the broad interpretation
by the Capitol Police regarding the obligation and expenditure
of funds under the auspice of a declared emergency situation.
The conferees direct the Government Accountability Office to
review the policies, procedures, notification criteria, and
approval processes of the Capitol Police to obtain the
appropriate approvals by the Capitol Police Board and the
Committees on Appropriations when funding is required during an
emergency situation. The GAO is directed to report its findings
to the Committee on Appropriations of the House and Senate no
later than January 31, 2005.
The USCP has recently presented to the Committees on
Appropriations another new plan for reorganizing the
Department. The conferees acknowledge that changes to the USCP
organization will be necessary to effectively address strategic
objectives, performance measures, recommendations made by the
Government Accountability Office, and changing conditions
reflected in regular updates of the threat assessment. However,
organizational changes proposed by the USCP, to date, fail to
link specifically desired outcomes to a clearly defined set of
strategic objectives emanating from an approved strategic plan.
Reorganization proposals do not adequately reflect
recommendations made by the Government Accountability Office to
establish a clear link between organization structure,
strategic objectives, and staffing requirements. Therefore, the
conferees do not approve any changes in organizational
structure at this time. The department has experienced a
considerable amount of growth over the past few years in both
mission and resources. The conferees believe that it is
important for the USCP to develop a reorganization plan that is
clear, transparent, and supports the efficient and effective
use of current and requested resources. The plan should clearly
demonstrate how the proposed organizational realignment is tied
to the strategic objectives in an approved strategic plan which
is founded on the following criteria: results of an up-to-date
threat assessment; well-defined policies; and new or reformed
practices designed to transform and modernize the force in
response to post-9/11 security requirements. The conferees
believe that an independent review of a proposed USCP
reorganization plan, including the application of best
practices, where applicable, would be helpful in this regard
and directs the Government Accountability Office to undertake
such a review. The GAO will report its findings and make
recommendations that will assist the Chief and the Capitol
Police Board in the development of a reorganization plan. The
GAO should report the results of its review to the Committees
and the Capitol Police Board by February 28, 2005.
The conferees direct that 10 additional civilian
administrative FTEs be allocated within existing ``Salaries''
resources as follows: three accountants for FMS start-up and
operations, a budget analyst for budget execution, a manpower
analyst, a facilities administrator, a vehicle maintenance
administrator, an assets manager, and two human resources
specialists. In addition, the conferees direct that from within
existing ``General Expenses'' resources, the Capitol Police
contract for the staffing resources to cover the requirements
for wireless technicians, currently estimated at four FTEs, and
for radio installation repair technicians and security control
operators, currently estimated at 11 FTEs. The conferees
believe that these positions will permit the USCP to properly
address growing issues with financial management, human
resources management, workforce planning and budget, as well as
technical requirements. The conferees expect that a portion of
these resources will be used by the USCP to assist in the
analysis and evaluation of mission requirements as related to
organization structure and overall staffing needs. The
conferees also expect that prior to any future requests for
additional FTEs, the Capitol Police Board will present to the
Committees a workforce plan that clearly communicates the
relationship between a revised organizational structure and an
approved strategic plan that is based on the following
criteria: an up-to-date threat assessment; security policies
and procedures approved by the Capitol Police Board; best
practices that are consistent with similar institutions; and
human resources policies and practices designed to maximize the
effective and efficient use of FTEs.
The conferees further direct that the Capitol Police
review all existing operations and general expenses to
determine if any outsourcing opportunities exist and report
those findings to the Committee on Appropriations of the House
and Senate by March 1, 2005.
The conferees are concerned over the inflated estimates
for the ``Salaries'' appropriations submitted by the Chief of
Police. This situation has resulted in excessunobligated
balances of $19.6 million, or 11.2% in fiscal year 2003 and $11.2
million, or 5.7% in fiscal year 2004. This practice is inexcusable,
especially in consideration of the budget restraints under which the
Congress is operating.
GENERAL EXPENSES
Appropriates $28,888,000 for general expenses of the
Capitol Police, instead of $28,925,000, as proposed by the
Senate.
As directed in the fiscal year 2005 House Report (108-
577), the Chief of Police is to report on the economics of
continuing the use of the Capitol Police command vehicle due to
the requested maintenance cost of $200,000 for 2005. The
conferees are concerned that, since November 2003, the USCP
have been aware of major mechanical structural problems with
the vehicle and did not inform the Committees. The study, which
was to be submitted to the Committees on September 1, 2004, was
not received until November 5, 2004. It was then reported that
the command vehicle is ``mechanically and structurally unsound
for service,'' and had been removed from service on November 1,
2004. The conferees note that $1.6 million was invested in the
command vehicle and direct that no further funding be obligated
or expended for this vehicle until all options are explored on
its continued use and reported to the Committee on
Appropriations of the House and Senate by February 1, 2005.
The conferees direct the Government Accountability Office
to conduct a study of the equestrian unit of the USCP. The
study is to examine the effectiveness, efficiency, cost
benefits, risk analysis, and overall operations of the unit.
The study is to be provided to the Committee on Appropriations
of the House and Senate by March 15, 2005.
The conferees direct that the Chief of Police provide the
Committee on Appropriations of the House and Senate a quarterly
report of all travel of the command staff of the Capitol
Police. This report should provide the names of the travelers,
the dates and purpose of the travel, and all costs including
any training or registration fees associated with the travel.
These reports should begin with the first quarter ending
December 31, 2004.
The conferees urge the Capitol Police to deploy wherever
appropriate first applied sorbent treatment for use by the
Hazardous Materials Response Team in chemical decontamination
efforts.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The conferees have included an administrative provision
allowing for the transfer of funds upon the approval of the
Committee on Appropriations of the House and Senate.
In addition, the conferees have included an
administrative provision relating to hiring authority of the
Capitol Police. The conferees also included authorization for
the Capitol Police to carry a specifically authorized weapon
during periods when the officer or member is not on duty that
is different from the weapon furnished by the Department. The
conferees have provided authority for setting pay with the
Capitol Police Board or the Chief of the Capitol Police. The
conferees have provided authority for the acceptance of
donations of animals for the canine unit. The conferees have
also provided authority to the Chief of the Capitol Police to
settle Federal tort claims, in accordance with Title 31 of the
United States Code, with reporting requirements to the
Committee on House Administration and the Senate Committee on
Rules and Administration. The conferees have included a
provision related to the protection of information that is
sensitive to the policing, protection, physical security,
counter terrorism, emergency response, and preparedness of the
Congress and the Capitol buildings and grounds. Language has
also been included regarding the General Counsel that is not
intended to effect changes to the current organizational
structure. The conferees have also included a provision
relating to deployment of the Capitol Police outside of their
jurisdiction.
Office of Compliance
SALARIES AND EXPENSES
Appropriates $2,421,000 as proposed by the House and the
Senate. The conferees have agreed to strike the student loan
repayment provision. The conferees remind the Office of
Compliance that funding provided for cost-of-living increases
is not to be used for any other purpose without the prior
approval of the House and Senate Committees on Appropriations.
Congressional Budget Office
SALARIES AND EXPENSES
Appropriates $34,919,000 instead of $34,790,000 as
proposed by the House and Senate. The additional amount of
$129,000 is provided to cover the increased agency cost for the
Federal Employee Retirement System (FERS).
Architect of the Capitol
GENERAL ADMINISTRATION
Appropriates $80,347,000, to the Architect of the Capitol
for general administration, instead of $79,581,000 as proposed
by the House and $74,063,000 as proposed by the Senate. Of the
amount appropriated, $2,220,000 shall remain availableuntil
September 30, 2009, instead of $1,500,000 as proposed by the House and
$720,000 as proposed by the Senate.
The conferees are concerned that little has been
accomplished through the new Chief Operating Officer (COO)
function, which the Congress created in fiscal year 2003. This
function was intended to improve management, streamline day-to-
day Architect of the Capitol (AOC) operations, and effectuate
team building.
Specifically, Public Law 108-7 required that the COO
prepare an action plan describing ``the policies, procedures,
and actions'' to be implemented ``and timeframes for carrying
out the responsibilities under this section''. The conferees
note that the action plan submitted to Congress by the COO did
not adequately describe how the COO would carry out the
assigned responsibilities detailed in the legislation. Because
the submitted action plan is outlined at such a general level,
it fails to convey how the listed items link together to move
the agency forward and address the Agency's longstanding and
well known weaknesses, the reason the COO position was created.
In addition, the plan lacks details of the steps necessary for
completing the listed items, nor does it explain how individual
items will be measured in order to monitor AOC's performance.
Further, the plan does not specify how the items listed in the
action plan relate to and link with the AOC's strategic plan,
released on December 15, 2003, even though the legislation
required that the action plan be ``developed concurrently and
consistent with the development of a strategic plan.''
In addition, the action plan was to be submitted not
later than 90 days after the appointment of the Chief Operating
Officer on July 28, 2003, but the plan was not received until
December 22, 2003, almost 2 months late and with no evidence of
having benefited from additional work over that period. The
conferees note that the action plan was delivered without
briefing or discussion, which could have provided the relevant
Committees with better understanding regarding the details of
the implementation of the plan.
Based on ongoing monitoring efforts conducted by the
Government Accountability Office (GAO), it appears that there
have been no substantive improvements made to overall AOC
operations by the new COO. In fact, the conferees are concerned
that efforts by the COO to direct changes without the context
of strategic objectives and a transparent, well-organized
change management process are having a negative impact on
morale, productivity, and effectiveness of the AOC as an
institution. It is apparent that the COO has not seriously
addressed the intended results of this law and that he has
either misunderstood or intentionally ignored the purpose for
which the position was created. Therefore, the conferees have
eliminated funding of $171,000 for the salary and benefit costs
of the incumbent of the Chief Operating Officer position. The
conferees further direct that Architect of the Capitol enters
into a contract with an executive employment search
organization to perform a nation-wide recruitment for a new
Chief Operating Officer. The conferees further direct that a
panel comprised of the Comptroller General of the United
States, the Public Printer of the United States, the Chief
Administrative Officer of the House of Representatives, a
designee from the Senate Sergeant at Arms, and a designee from
the office of the Architect of the Capitol review the
applications, interview the top applicants, and forward a
recommendation, including not less than three applicants, to
the Architect of the Capitol for his review and final selection
within 180 days of enactment of this Act.
The conferees have agreed to defer the transfer of FTEs
and associated costs as proposed by the Senate until an
organizational structure is approved for the Office of the
Architect of the Capitol.
The conferees are concerned that the AOC has ignored
previous directives to improve the quality of the FTE data
analysis submitted in the annual budget, particularly related
to ongoing and new projects, and therefore, direct that these
very important FTE projection and tracking issues be
readdressed by the Architect. The conferees found the previous
recommendations by the AOC to remedy the FTE analysis
difficulties to be questionable, including the AOC proposals to
completely remove the FTE caps, or to increase the caps to
significantly higher levels without justification. It is
understood that the FTE situation in the AOC is complex due to
the multi-faceted responsibilities of the Architect, including
ongoing operations, annual and multi-year projects; a variety
of funding sources; and the various types of positions that are
required to accomplish these responsibilities. However, it is
due to these varying and complex factors that more systemic
processes and greater controls are required for FTE estimates,
projections and tracking. The AOC needs to provide
comprehensive, meaningful, realistic, and transparent FTE data.
The conferees have agreed to defer the establishment of a
separate FTE cap for the Construction Management Division
(CMD), as proposed by the House. The AOC has been provided
relief from the FTE caps for project work for the past two
years. The conferees agree that a less cumbersome, yet
accurate, approach for managing FTE data is required.
Therefore, the conferees direct the Architect of the Capitol
and the Government Accountability Office to work together to
prepare a report with recommendations that will address and
improve the AOC's ability to estimate, track, and report on all
FTEs. The report is to include recommendations for improvements
that address FTE data by appropriation and organizational
levels, including permanent and temporary FTEs required for
each of the following categories: all jurisdiction operations,
including those in general administration; ongoing and new
projects performed by the superintendents; and ongoing and new
projects performed by the CMD. The recommendations will take
into account that data should be derived from a zero-base for
all temporary employees, including non-project and support
temporary positions as well as temporary project positions for
both superintendent jurisdictions and CMD projects.
Further, the report will address future personnel
requirements by contracting out functions to free up FTEs for
functions that are inherently governmental. The conferees
further direct that the caps established in FY 2004 will
continue in FY 2005. The report with recommendations is to be
delivered to the Committees on Appropriations of the House and
Senate not later than 120 days after the enactment of this Act.
The conferees note that there have been complaints
regarding the responsiveness of the Architect of the Capitol to
the needs of clients. The conferees remind the Architect that
the organization must reflect a posture that is timely,
professional, and responsive.
Included in the operating budget is an additional
$277,000 to cover anticipated increased agency contributions to
the Federal Employees Retirement System for employees paid
through the General Administration appropriation.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $77,467,000
Project Budget:
1. Emergency Defibrillators......................... 660,000
2. Study, Design, and Condition Assessment.......... 720,000
Legislative Call System......................... (120,000)
Telecommunications infrastructure............... (350,000)
ACF Emergency Vehicle Storage Facility.......... (250,000)
3. CATV System Upgrade Design....................... 1,500,000
--------------------------------------------------------
____________________________________________________
Total, General Administration................. 80,347,000
CAPITOL BUILDING
(INCLUDING TRANSFER OF FUNDS)
Appropriates $28,857,000, to the Architect of the Capitol
for maintenance, care, and operation of the Capitol building,
instead of $18,185,000 as proposed by the House and $24,784,000
as proposed by the Senate. Of the amount appropriated,
$14,500,000 shall remain available until expended, instead of
$4,000,000 as proposed by the House and $8,770,000 as proposed
by the Senate to remain available until September 30, 2009.
Included in the operating budget is an additional $72,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Capitol Building appropriation.
The conferees have agreed to include authority for the
transfer of up to $10,600,000 to the Capitol Visitor Center
project. The conferees are distressed with the Architect's
ongoing inability to provide the Committees with accurate cost
estimates and delivery schedules on this very important and
high profile project. Since the commencement of the project,
the Committees have made every effort to work with the
Architect and staff through these issues, and yet, continue to
receive notifications of schedule delays, unforeseen
requirements, and escalating costs of the Capitol Visitor
Center.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $14,814,000
Project Budget:
1. Replacement of Minton Tile....................... 473,000
2. Computer, Telecom, and Electrical Support........ 300,000
3. Restore Shutters & Upgrade Window Lighting....... 400,000
4. CVC Facility Maintenance......................... 6,000,000
5. Install Emergency Exit Signs & Lighting.......... 1,000,000
6. CVC Start-up Operations.......................... 3,270,000
7. Minor Construction............................... 2,500,000
8. Study, Design, and Condition Assessment:
Subway Terminal Water Infiltration.............. 100,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Building....................... 28,857,000
CAPITOL GROUNDS
Appropriates $6,974,000, to the Architect of the Capitol
for the care and improvements of the grounds surrounding the
Capitol, House and Senate office buildings, and the Capitol
Power Plant, instead of $7,033,000, of which $527,000 shall
remain available until September 30, 2009, as proposed by the
House and $6,940,000, as proposed by the Senate.
Included in the operating budget is an additional $34,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Capitol Grounds appropriation.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $6,509,000
Project Budget:
1. Restore Decorative Vases & Lights, W. Terrace.... 78,000
2. Inaugural Support................................ 10,000
3. Renovate Former D.C. Street Lights............... 177,000
4. Study, Design, and Condition Assessment:
Restoration of the Summerhouse.................... 100,000
5. Wayfinding and ADA Compliant Signage............. 100,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Grounds............................ 6,974,000
SENATE OFFICE BUILDINGS
Appropriates $62,083,000, of which $9,070,000 shall
remain available until September 30, 2009, to the Architect of
the Capitol for the maintenance, care, and operation of the
Senate office buildings. Inasmuch as this item relates solely
to theSenate, and in accord with long practice under which each
body determines its own housekeeping requirements and the other concurs
without intervention, the managers on the part of the House, at the
request of the managers on the part of the Senate, have receded to the
Senate.
Included in the operating budget is an additional
$219,000 to cover anticipated increased agency contributions to
the Federal Employees Retirement System for employees paid
through the Senate Office Buildings appropriation.
Operating Budget........................................ $52,112,000
Project Budget:
1. Refinish Historic Woodwork....................... 285,000
2. Repair Marble Floors & Clean Architectural
Surfaces.......................................... 510,000
3. Roof Maintenance................................. 300,000
4. Seal Fire Wall Penetrations, HSOB, DSOB.......... 300,000
5. Ramp Repair, HSOB Garage......................... 200,000
6. Replace Suite Counters, Sinks & Faucets, HSOB.... 100,000
7. General Painting................................. 150,000
8. Workman Vehicle.................................. 25,000
9. Man-Lift (Masonry Shop).......................... 19,000
10. General Purpose Utility Vehicle................. 12,000
11. Replace Modular Furniture, HSOB................. 3,700,000
12. Renovate Restrooms, ADA, HOB.................... 1,300,000
13. Study, Design, and Condition Assessment......... 2,350,000
Study/Design, Existing Fire Alarm System Upgrade (750,000)
Design, Replace Roof and Skylights, HOB......... (600,000)
Design, Renovate North Server................... (300,000)
Study, Reclaim Parking under Senate Office
Buildings and Space Utilization............... (250,000)
Study, Waterproofing/Code Compliant Upgrades,
Old Senate Tunnel............................. (100,000)
Design, Fire Alarm System ADA Upgrade, DSOB..... (75,000)
Assessment, Penetrations of Fire Resistant Rated
Walls, RSOB................................... (70,000)
Design, Sprinkler Protection for Legislative
Garage........................................ (65,000)
Design, Renovation of South Buffet.............. (50,000)
Assessment and Design, Taft Memorial............ (50,000)
Design, Pre-action Sprinkler System, Russell
Library....................................... (40,000)
14. HVAC: Elevator Machine Room Modernization....... 420,000
15. Furniture, Special Allowance.................... 300,000
--------------------------------------------------------
____________________________________________________
Total, Senate Office Buildings................ 62,083,000
HOUSE OFFICE BUILDINGS
Appropriates $65,353,000, of which $27,103,000 shall
remain available until September 30, 2009, to the Architect of
the Capitol for the maintenance, care, and operation of the
House office buildings. Inasmuch as this item relates solely to
the House, and in accord with long practice under which each
body determines its own housekeeping requirements and the other
concurs without intervention, the managers on the part of the
Senate, at the request of the managers on the part of the
House, have receded to the House.
Included in the operating budget is an additional
$223,000 to cover anticipated increased agency contributions to
the Federal Employees Retirement System for employees paid
through the House Office Buildings appropriation.
The conferees direct the Architect of the Capitol to
administer fire code regulations in the House office buildings
under the same protocols used for administration of fire codes
in the Capitol building.
Operating Budget........................................ $37,900,000
Project Budget:
1. Egress Door Improvements......................... 200,000
2. Replace Chilled Water Coils, FHOB................ 150,000
3. Minor Construction............................... 5,000,000
4. Study, Design, and Condition Assessment.......... 1,955,000
Design, RHOB Egress............................. (500,000)
Design, FHOB Egress............................. (80,000)
Study, Upgrade Room 1100, RHOB.................. (400,000)
Design, Repairs to Garage Floor, RHOB........... (975,000)
5. CAO Project Support.............................. 4,894,000
6. Replace Windows, FHOB............................ 4,900,000
7. Exterior Waterproofing, Underground Garages...... 2,954,000
8. Extend Sprinkler Systems......................... 3,300,000
9. Fire Alarm System Upgrade, HOB (Less RHOB)....... 1,100,000
10. Staff Fitness Facility.......................... 3,000,000
--------------------------------------------------------
____________________________________________________
Total, House Office Buildings................. 65,353,000
CAPITOL POWER PLANT
In addition to $4,400,000 made available from receipts
credited as reimbursements to this appropriation, appropriates
$56,834,000, to the Architect of the Capitol for maintenance,
care, and operation of the Capitol Power Plant, instead of
$56,139,000 as proposed by the House and $60,928,000 as
proposed by the Senate. Of the amount appropriated, $1,000,000
shall remain available until September 30, 2009, instead of
$630,000 as proposed by the House and $2,190,000 as proposed by
the Senate.
Included in the operating budget is an additional $63,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Capitol Power Plant appropriation.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget (net).................................. $53,015,000
Project Budget:
1. Implement Shoring and Repairs to Tunnels......... 100,000
2. Replace Expansion Joints......................... 1,342,000
3. Retube Condensers, West Refrigeration Plant...... 866,000
4. Study, Design, and Condition Assessment.......... 1,000,000
Design, In-Plant Power Generation............... (750,000)
Design, Upgrade Environmental Control Equipment. (250,000)
5. Remove Tar Paper/Reinsulate Violet Tunnel........ 261,000
6. Repair/Maintenance Chiller Motors 6A & 5......... 250,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Power Plant (net).............. 56,834,000
LIBRARY BUILDINGS AND GROUNDS
Appropriates $40,097,000, to the Architect of the Capitol
for structural and mechanical care of the Library buildings and
grounds instead of $34,783,000 as proposed by the House and
$65,145,000 as proposed by the Senate. Of the amount
appropriated, $21,506,000 shall remain available until
September 30, 2009 instead of $18,110,000 as proposed by the
House and $47,114,000 as proposed by the Senate.
Included in the operating budget is an additional $78,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Library Buildings and Grounds appropriation.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $17,516,000
Project Budget:
1. Repair Life Safety Deficiencies.................. 400,000
2. Replace Partitions Supports, JMMB................ 250,000
3. Painting, TJB Arches and Ft. Meade Module 1...... 245,000
4. Replace Sidewalks, JAB & TJB..................... 100,000
5. Preservation Environmental Monitoring............ 80,000
6. Minor Construction............................... 1,300,000
7. Collections Security............................. 860,000
8. Sprinkler System Upgrades, TJB................... 6,754,000
9. Smoke Detector Upgrades, TJB..................... 3,850,000
10. ADA Bathroom Renovations, JAB................... 3,700,000
11. Sprinkler System Upgrades, JAB.................. 2,400,000
12. Study, Design, and Condition Assessment,
Infrastructure Maintenance........................ 842,000
Design, Replace Rain Leaders.................... 300,000)
Design, Repair/Replace Copper Roof.............. (215,000)
Design, Roof Repairs, TJB....................... (200,000)
Study, Coil Deterioration, TJB & JAB............ (75,000)
Design, Conservation of Murals.................. (52,000)
13. Design, LOC Egress Improvements................. 1,800,000
--------------------------------------------------------
____________________________________________________
Total, Library Buildings and Grounds.......... 40,097,000
CAPITOL POLICE BUILDINGS AND GROUNDS
Appropriates $5,853,000, to the Architect of the Capitol
for the maintenance, care, and operation of buildings and
grounds of the Capitol Police instead of $4,883,000 as proposed
by the House and $7,090,000 as proposed by the Senate. Of the
amount appropriated, $500,000 shall remain available until
September 30, 2009, instead of no multi-year funding as
proposed by the House and $1,500,000 as proposed by the Senate.
Included in the operating budget is an additional $3,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Capitol Police Buildings and Grounds appropriation.
With respect to operations and projects the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $4,853,000
Project Budget:
1. USCP Furniture Replacement....................... 500,000
2. Study, Design, and Condition Assessment.......... 500,000
Annual Update to USCP Facilities Master Plan.... (100,000)
Study, Replacement of 67 K Street Facility...... (200,000)
Two Decontamination Support Stations............ (200,000)
--------------------------------------------------------
____________________________________________________
Total, Capitol Police Buildings and Grounds... 5,853,000
BOTANIC GARDEN
Appropriates $6,326,000, to the Architect of the Capitol
for the Botanic Garden, instead of $5,932,000 as proposed by
the House and $6,294,000 as proposed by the Senate. The
increase includes $62,000 for one new FTE.
Included in the operating budget is an additional $32,000
to cover anticipated increased agency contributions to the
Federal Employees Retirement System for employees paid through
the Botanic Garden appropriation.
With respect to operations and projects the conferees
have agreed to the following:
Operating Budget........................................ $5,783,000
Project Budget:
1. D.C. Village Facility, Roof Replacement.......... 243,000
2. Partnership Support.............................. 300,000
--------------------------------------------------------
____________________________________________________
Total, Botanic Garden............................... 6,326,000
ADMINISTRATIVE PROVISION
The conference agreement includes an administrative
provision that requires the Comptroller General to conduct a
study to analyze the cost, cost effectiveness, benefits, and
feasibility of the Architect of the Capitol entering into a
contract with a private entity for the management and operation
of the Capitol Power Plant.
Library of Congress
SALARIES AND EXPENSES
Provides $384,671,000 for salaries and expenses, Library
of Congress instead of $373,225,000 as proposed by the House
and $379,648,000 as proposed by the Senate. Of this amount,
$6,350,000 is made available from receipts collected by the
Library of Congress and shall remain available until expended;
and $12,481,000 shall remain available until expended for
acquisition of books, periodicals, newspapers, and other
library materials as proposed by the House instead of
$11,981,000 as proposed by the Senate. The conferees have
provided 2 FTEs and $256,000 for the Office of the Inspector
General to address information technology security audits. The
conferees have agreed to a base reduction of 3 FTEs and
$300,000 in accordance with Public Law 106-57, Section 208.
The conferees expect the Librarian of Congress to work
with the established educational consortium to draft future
budgets for the Adventure of the American Mind program and to
submit them to Congress. The conferees further direct that the
Library of Congress and the educational consortium establish a
program in Georgia to be funded within existing resources.
An amount of $616,000 is included to cover anticipated
increased agency contributions to the Federal Employees
Retirement System.
With respect to program allowances the conferees have
agreed to the following:
1. Adventures of the American Mind...................... $2,250,000
2. Abraham Lincoln Bicentennial Commission.............. 500,000
3. Middle Eastern Text Initiative....................... 500,000
4. National Film Preservation Board and National Film
Preservation Foundation............................. 500,000
5. NAVCC--Culpeper Project.............................. 19,538,000
6. Department of State Capital Security Cost-Sharing
Program............................................. 1,200,000
7. Veterans History Project............................. 1,035,000
8. Security Equipment Maintenance....................... 930,000
9. Information Technology System Maintenance............ 1,000,000
10. Association for Diplomatic Studies and Training..... 100,000
11. Cooperative Preservation and Conservation Project... 300,000
COPYRIGHT OFFICE
SALARIES AND EXPENSES
Provides $53,611,000, including $33,477,000 made
available from receipts, for salaries and expenses, Copyright
Office, instead of $53,518,000 as proposed by the House and
Senate. The $93,000 increase provides for the increased cost of
FERS.
The conferees are encouraged by the Copyright Office's
recent efforts to reengineer its processes, creating an
electronic Copyright Office where applications and copies of
copyright works can be submitted, processed and stored in
digital form. An electronic system will provide the public with
better access to copyrights and better enable the protection of
copyrights and other intellectual property. The conferees also
recognize that for any electronic system to be complete and
useful to the public, it must also include all previous
copyright records not currently in electronic form. The
conferees are pleased that the office has initiated a study
which will assess the costs and feasibility, as well as
technical approaches, of converting its historical records so
that there will be electronic access to all records from 1790
to the present. The conferees understand that there will be
costs associated with such an effort, and will be interested to
hear the office's proposal to begin to transition the
historical records into electronic and searchable format.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
Appropriates $96,893,000 for salaries and expenses,
Congressional Research Service, Library of Congress, instead of
$96,385,000 as proposed by the House and $96,678,000 as
proposed by the Senate. The increase over the House allowance
provides $293,000 for mandatory pay reallocations and $215,000
for the increased cost of FERS.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
Appropriates $54,412,000 for Books for the Blind and
Physically Handicapped, salaries and expenses, instead of
$60,187,000 as proposed by the House and $53,937,000 as
proposed by the Senate. Of the appropriated amount, $16,235,000
shall remain available until expended instead of $22,210,000 as
proposed by the House and $15,960,000 as proposed by the
Senate. The conference agreement provides $275,000 above the
amount requested for the Digital Talking Book Project. The
conference agreement also provides $200,000 to remain available
until expended to defray telecommunications costs for the
National Federation of the Blind ``NEWSLINE'' audio daily
newspaper service. This funding will complete the project that
was begun in fiscal year 2003.
ADMINISTRATIVE PROVISIONS
In addition to various technical corrections the
conferees have agreed to a provision pertaining to the National
Film Preservation Board and the National Film Preservation
Foundation. The conferees have included an administrative
provision that limits the amount of reimbursement to the
Department of State for maintenance, upgrade, and construction.
Government Printing Office
CONGRESSIONAL PRINTING AND BINDING
(INCLUDING TRANSFER OF FUNDS)
Appropriates $88,800,000 as proposed by the House and the
Senate.
OFFICE OF THE SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $31,953,000 for Office of the Superintendent
of Documents, salaries and expenses instead of $32,524,000
proposed by the House and $31,935,000 proposed by the Senate.
The $18,000 above the Senate allowance covers the increased
cost of FERS. The conferees have agreed to a FTE cap of 2,621
as proposed by the Senate instead of 2,889 as proposed by the
House.
The conferees support public access to materials in the
Federal Depository Library Program's legacy and electronic
collections and authorize the Superintendent of Documents to
move forward with this program within available FTEs and
funding.
ADMINISTRATIVE PROVISION
The conferees have agreed to the administrative provision
proposed by the House and Senate authorizing the Superintendent
of Documents to discount sales copies of GPO publications below
the current limitation.
Government Accountability Office
SALARIES AND EXPENSES
Provides $478,392,000, of which $7,419,000 is from
offsetting collections, for salaries and expenses, Government
Accountability Office instead of $481,000,000 as proposed by
the House and $477,419,000 as proposed by the Senate. The
increase of $973,000 above the Senate allowance is to cover the
increased cost of FERS.
The conferees have withdrawn the request made by the
House for the Government Accountability Office to provide a
report outlining the statutory responsibilities of the
Congressional Budget Office, the Congressional Research
Service, the Joint Economic Committee, and the Joint Committee
on Taxation.
The conferees support the Senate report language (108-
307) on technology assessments and mail screening technology.
ADMINISTRATIVE PROVISION
The conferees have agreed to an administrative provision
proposed by the Senate which amends the Anti-Deficiency Act to
require the heads of executive agencies and the Mayor of the
District of Columbia to transmit to the Comptroller General
copies of reports of violations of the Act at the same time
violations are reported to the Congress.
Payment to the Open World Leadership Center Trust Fund
Appropriates $13,500,000 for a payment to the Open World
Leadership Center Trust Fund, as proposed by the Senate instead
of $6,750,000 as proposed by the House.
ADMINISTRATIVE PROVISIONS
The conferees have agreed to a provision that expands the
Open World Leadership countries upon submission of a plan to
the Committees on Appropriations of the House and Senate; and
to a provision that amends the language relating to the
membership of the board.
TITLE II--GENERAL PROVISIONS
In Title II, General Provisions, section numbers have
been changed to conform to the conference agreement and
technical corrections have been made.
The conferees have included a provision that authorizes
the Architect of the Capitol to maintain and improve landscape
features of property located near the House office buildings.
The conferees have included a provision that prohibits
funding in the Act, from being transferred except as provided
in this Act.
The conferees have included a provision that agencies of
the Legislative Branch shall not be required to use the eTravel
Service established by the General Services Administration.
The conferees have included a provision that authorizes
permanent separation incentive payments to employees of the
Legislative Branch as was provided to all Executive branch
agencies in the Homeland Security Act of 2002, Public Law 107-
296.
The conferees have included a House provision that
prohibits the use of funds to study, design, plan, or construct
a fence around the Capitol Grounds.
The conferees have included the Senate provision that
makes technical corrections to the Congressional Recognition
for Excellence in Arts Education Act; and a provision that
transfers property near the Japanese American Patriotism
Memorial to the Architect of the Capitol.
The conferees have included a provision relating to the
Abraham Lincoln Fellowship Program.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follows:
[In thousands of dollars]
New budget (obligational authority, fiscal year 2004.... $3,527,460
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 3,977,283
House bill, fiscal year 2005............................ 2,750,522
Senate bill, fiscal year 2005........................... 3,575,000
Conference agreement, fiscal year 2005.................. 3,575,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. +47,540
Budget estimates of new (obligational) authority,
Fiscal year 2005.................................. -402,283
House bill, fiscal year 2005............................ +824,478
Senate bill, fiscal year 2005........................... --
DIVISION H--DEPARTMENTS OF TRANSPORTATION AND TREASURY, INDEPENDENT
AGENCIES, AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005
Congressional Directives
The conferees agree that Executive Branch propensities
cannot substitute for Congress' own statements concerning the
best evidence of Congressional intentions; that is, the
official reports of the Congress. The committee of conference
approves report language included by the House (House Report
108-671) or the Senate (Senate Report 108-342) that is not
changed by the conference. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
Budget Justification Material and Congressional Reprogramming
Procedures
The conferees agree to all language and directives
included in the House and Senate reports concerning the need to
improve the budget justification materials and Congressional
reprogramming procedures for departments and agencies funded in
this Act.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriates $87,234,000 for the salaries and expenses
instead of $89,000,000 as proposed by the House and $86,000,000
as proposed by the Senate. As proposed by both the House and
the Senate, bill language is included that specifies funding by
office. The conference agreement is as follows:
Immediate office of the Secretary....................... $2,220,000
Immediate office of the Deputy Secretary................ 705,000
Office of the General Counsel........................... 15,395,000
Office of the Under Secretary for Transportation Policy. 12,627,000
Office of the Assistant Secretary for Budget and
Programs............................................ 8,573,000
Office of the Assistant Secretary for Governmental
Affairs............................................. 2,316,000
Office of the Assistant Secretary for Administration.... 23,436,000
Office of Public Affairs................................ 1,929,000
Office of the Executive Secretariat..................... 1,456,000
Board of Contract Appeals............................... 704,000
Office of Small and Disadvantaged Business Utilization.. 1,278,000
Office of the Chief Information Officer................. 11,392,000
Office of Intelligence and Security..................... 2,053,000
Office of Emergency Transportation...................... 3,150,000
Retains provisions proposed by both the House and the
Senate limiting transfers among each office to no more than 5
percent and requiring notification and approval by the House
and Senate Committees on Appropriations for any transfer
greater than 5 percent. Bill language, as proposed by both the
House and the Senate, is included which allows the Department
to spend up to $60,000 for official reception and
representation expenses.
Retains language proposed by the House prohibiting funds
from being used to fill the position of Assistant Secretary for
Public Affairs.
Retains the House direction that the Assistant Secretary
for Administration fund training and recruitment activities at
a total of $378,000, and FedBiz Ops electronic business
practice activities at $68,000. Retains the Senate direction to
the Inspector General to review the budget justifications for
the last three fiscal years and the mission of the Office of
Assistant Secretary for Administration to determine if
resources are commensurate with office responsibilities.
Retains the House direction to transfer the Office of
Emergency Transportation to the Office of the Secretary. Of the
amounts provided, $100,000 is for improvements tothe crisis
management center and $100,000 is for regional emergency response team
training.
The conferees direct the Secretary to submit an operating
plan for the entire Department as described in the House report
within 60 days of enactment of this Act. Further, the Assistant
Secretary for Budget and Programs shall submit a quarterly
report on the status of all outstanding reports and reporting
requirements as directed by the Senate.
The conferees direct the Department to include in the
fiscal year 2006 budget justification materials detailed
information in the same manner as that of the fiscal year 2003
justifications. In addition, the conferees direct the Chief
Information Officer (CIO) to include in the fiscal year 2006
budget materials details of all funds that are utilized and
managed by the CIO, regardless of funding source or mode. The
conferees reiterate the need for better budget materials from
the Department in general.
The conferees direct OST to conduct a study of declining
intercity bus service, as proposed by the House under the
Federal Transit Administration.
Office of Civil Rights
Appropriates $8,700,000 as proposed by both the House and
the Senate.
Compensation for Air Carriers
(RESCISSION)
Rescinds $235,000,000 from unobligated funds as proposed
by the Senate. The House did not include a similar provision.
Transportation Planning, Research and Development
Appropriates $20,000,000 for transportation planning,
research and development instead of $10,800,000 as proposed by
the House and $15,000,000 as proposed by the Senate.
Adjustments to the budget request are as follows:
Circumpolar Infrastructure Task Force of the Arctic
Council and Northern Forum, AK...................... $450,000
DOT privacy assessment.................................. 750,000
Inland waters freight mobility study, AL................ 750,000
SDSU instrument training capital initiative, SD......... 200,000
UI NIATT transportation infrastructure research and
technology transfer, ID............................. 300,000
Transportation, infrastructure, and logistics research.. 750,000
University of Nebraska--Kearney agricultural
transportation pilot project, NE.................... 500,000
Western Washington University Transportation and Border
Research Institute, WA.............................. 1,000,000
Yellow Bend Port planning and development, AR........... 300,000
NIU Fuel Cell Research, IL.............................. 750,000
Gulf of Mexico Transportation Strategic Study........... 500,000
National Research Center for Rural Transportation, KS... 500,000
Center for Coastal Engineering Research, AL............. 750,000
Interstate Digital Image Exchange....................... 500,000
Great Lakes Maritime Research Institute, short seas
shipping Route evaluation........................... 750,000
University of Wisconsin, Superior--Transportation
Logistics Research Center shipper and rail service
study............................................... 250,000
I-91 Corridor Rail Implementation Plan Study............ 750,000
Hampton University Transportation Center................ 250,000
Working Capital Fund
Limits working capital fund activities to $151,054,000 as
proposed by the Senate instead of $125,000,000 as proposed by
the House.
Minority Business Resource Center Program
Appropriates $900,000 for the administrative expenses of
the minority business resource center program and limits loans
made under the program to $18,367,000 as proposed by both the
House and the Senate.
Minority Business Outreach
Appropriates $3,000,000 for minority business outreach as
proposed by both the House and the Senate.
New Headquarters Building
Appropriates $68,000,000 for continued construction and
build-out of the new headquarters building. Neither the House
nor the Senate provided funds for this account.
Payments to Air Carriers
(AIRPORT AND AIRWAY TRUST FUND)
Appropriates $52,000,000 for payments to air carriers to
be derived from the trust fund as proposed by the Senate,
instead of $51,700,000 as proposed by the House. In addition to
these funds, the program will receive $50,000,000 in mandatory
spending pursuant to the Federal Aviation Authorization Act of
1996, resulting in a program budget of $102,000,000.
Federal Aviation Administration
OPERATIONS
The conference agreement includes $7,775,000,000 for
operations of the Federal Aviation Administration instead of
$7,726,000,000 as proposed by the House and $7,784,000,000 as
proposed by the Senate. Of the total amount provided,
$4,918,073,000 is to be derived from the airport and airway
trust fund instead of $4,972,000,000 as proposed by the House
and $4,959,503,000 proposed by the Senate. Funds are
distributed in the bill by budget activity, as proposed by the
Senate.
Contract tower cost-sharing.--The bill specifies
$7,000,000 for continuation of the contract tower cost-sharing
program as proposed by the House and Senate.
Level of operational air traffic control supervisors.--
The conference agreement includes language proposed by the
House specifying that $4,000,000 of funds under this heading
are available only to raise the level of operational air
traffic control supervisors to 1,846. The Senate bill included
no similar provision.
Administration of government credit cards.--The agreement
includes language proposed by the House related to FAA
management of government credit cards. The Senate bill included
no similar provision.
The following table compares the conference agreement to
the President's budget and the levels proposed in the House and
Senate bills by budget activity:
Administration of potential shortfall due to essential
air service transfer.--The conferees agree that the FAA
Administrator has the flexibility to propose the use of funds
in either the ``Operations'' or ``Facilities and equipment''
appropriations to address any shortfalls in essential air
service funding for which FAA resources are required under
existing law. The Administrator is directed to advise the House
and Senate Committees on Appropriations on the appropriations
and programs from which these funds would be drawn.
Air traffic controller training.--The conferees agree
that the initial training of personnel hired with funds in this
Act above the budget request is to be conducted at the FAA
Academy to the maximum extent possible. However, conferees do
not intend for this directive to negatively influence FAA's
acceptance into the controller workforce of individuals hired
through the Collegiate Training Initiative program using funds
from FAA's base budget.
Study of ATC requirements, Chicago O'Hare, IL.--The
conference agreement transfers $5,000,000 from the ``Facilities
and equipment'' account for airspace redesign studies and
associated analyses at Chicago O'Hare International Airport.
The budget had requested such funding under the air traffic
control tower replacement program.
National airspace redesign.--Conferees agree to Senate
language regarding the amount and use of funds for the national
airspace redesign project in the New York/New Jersey
metropolitan area. This results in an allocation of $4,000,000
for this project. The conferees agree that no funds made
available under this appropriation may be used to prepare the
Environmental Impact Statement for the redesign of the New
York/New Jersey/Philadelphia regional airspace, or to conduct
any work as part of the review of the redesign project
conducted under the National Environmental Policy Act and
related laws, as long as the FAA fails to consider noise
mitigation. Further, none of the funds made available for this
purpose shall be reprogrammed by the FAA to other activities,
including airspace redesign not directly related to New York,
New Jersey, and Philadelphia airspace redesign.
Accounting system consolidation.--The conferees agree
that FAA may proceed with its consolidation of accounting
operations. However, the FAA should not consolidate operations
of the Kansas City, Missouri office during fiscal year 2005.
Official time.--The conference agreement includes a
reduction of $7,000,000, as proposed by the House. The
conferees direct the FAA Administrator and the Director of the
Office of Personnel Management to submit a joint report to the
House and Senate Committees on Appropriations, not later than
April 1, 2005, explaining the specific short-term actions taken
to reduce official time consumption, and the long-term plan to
bring FAA's policies and procedures into closer conformance to
government-wide averages.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $2,540,000,000 instead
of $2,500,000,000 as proposed by both the House and the Senate.
Of the total amount available, $421,000,000 is available for
one year, and $2,119,000,000 is available for three years. The
appropriation of $3,000,000 proposed by the House for Defense
Contract Audit Agency audits is not included.
The following table provides a breakdown of the House and
Senate bills and the conference agreement by program:
Advanced technology development and prototyping.--The
conference agreement includes $59,075,000 for advanced
technology development and prototyping instead of $42,400,000
as proposed by the House and $56,575,000 as proposed by the
Senate. The following table compares the conference agreement
to the House and Senate bills by budget activity:
Project Conference agreement
Runway incursion........................................ $9,100,000
Aviation system capacity improvement.................... 4,000,000
Separation standards.................................... 2,500,000
GA/vertical flight technology........................... 1,500,000
Operational concept validation.......................... 2,000,000
NAS requirements development............................ 1,500,000
Domestic RVSM........................................... 2,200,000
Safer skies............................................. 3,400,000
Lithium technologies to mitigate ASR.................... 1,000,000
Wind/weather research, Juneau, AK....................... 4,900,000
Phased array radar technology........................... 4,000,000
Airport research........................................ 10,100,000
Fogeye.................................................. 1,000,000
NAS safety assessment................................... 1,000,000
GPS anti-jam technology................................. 3,000,000
Airborne automated flight alert system.................. 3,000,000
Runway obstruction warning system....................... 375,000
Airport cooperative research program.................... 3,000,000
Data exchange project................................... 1,500 000
--------------------------------------------------------
____________________________________________________
Total............................................. 59,075,000
Airport research.--Of the funds provided, $4,000,000 is
for the airfield improvement program authorized under section
905 of Public Law 106-181.
Safe flight 21.--The conference agreement provides
$44,454,000, to be distributed as follows:
------------------------------------------------------------------------
Activity Amount
------------------------------------------------------------------------
Project Capstone....................................... $36,000,000
(Weather cameras).................................. (7,000,000)
Ohio River Valley...................................... 4,004,000
Other activities....................................... 4,450,000
------------------------------------------------------------------------
En route automation.--The conference agreement provides
$347,200,000 for en route automation. FAA is given the
discretion to allocate the reduction of $14,000,000 among
projects within this program. The conferees agree that, in
future budget submissions, FAA is to display funds for the en
route automation modernization (ERAM) program in a separate
budget line item, and to identify sub-elements of that program,
with associated funding, in the budget justification documents.
Aviation weather services improvement.--The Senate
recedes from its direction regarding this program. Funds for
these activities are included under ``Safe flight 21''.
Wide area augmentation system.--The conferees do not
agree with Senate direction deferring funds for the additional
geo-stationary satellite for the wide area augmentation system.
The conference agreement fully funds this program.
New York integrated control complex.--The conferees
reiterate support for continued analysis of a New York
integrated control complex. Although no current funding is
provided, conferees support further investigation of the New
York consolidation and will consider future Congressional
funding based on the outcome of those studies.
Terminal air traffic control facilities replacement.--The
conference agreement provides $128,025,000 for this program.
Funds shall be distributed as follows:
Terminal automation.--The conferees direct FAA not to
obligate the government contractually during fiscal year 2005
to actions which would involve replacement of common ARTS
systems or ARTS color displays until the Inspector General
reviews and validates the life cycle cost studies and other
relevant analyses provided to FAA's Joint Resources Council to
justify and rebaseline this possible phase of the terminal
automation modernization program. This direction is the same as
enacted for fiscal year 2004. During the current year, FAA made
some decisions on this program, but deferred final decisions on
this critical phase of the program, pending further analysis.
The conferees believe that FAA urgently needs to make decisions
on these systems, as they involve many of the agency's largest
and busiest air traffic control facilities. Consistent with
fiscal year 2004, the conference direction does not prohibit
the agency from including such activities in contract options
that the agency could exercise after full review and approval
is received. The conferees remain neutral on the issue of STARS
deployment, and await the FAA's detailed analyses and the
Inspector General's review.
Detroit Metro Airport, MI.--Detroit Metro Airport was
recently identified as a candidate airport where FAA should
consider installation of the precision runway monitor (PRM)
system to improve airport capacity in inclement weather
conditions. Since then, FAA has begun to limit PRM deployment
in favor of multilateration technology. Since the need for
capacity improvements at Detroit Metro remains valid, and FAA
is moving away from PRM deployments, the conferees encourage
FAA to apply fiscal year 2005 funding to develop and implement
the multilateration technology at this airport on an
accelerated basis.
Approach lighting system improvement program.--The
conference agreement provides $24,360,000 for this program.
Funds shall be distributed as follows:
Instrument landing system establishments.--The conference
agreement provides $41,345,000 for this program. Funds shall be
distributed as follows:
Transponder landing system.--The conference agreement
provides $7,000,000 for this program. The conferees agree that
FAA should use these funds to conduct site surveys at locations
listed in the House and Senate reports. Funds may also be used
to evaluate other landing system alternatives, in consultation
with the affected airports.
Airport cable loop systems.--Funding of $3,000,000 above
the budget estimate is for Atlanta Hartsfield International
Airport, GA.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
The conference agreement deletes the rescission of
$50,000,000 proposed by the Senate. The House bill contained no
similar rescission.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement provides $130,927,000 for
research, engineering, and development instead of $117,000,000
as proposed by the House and $129,427,000 as proposed by the
Senate. The following table compares the conference agreement
to the House and Senate bills by budget activity:
Propulsion and fuel systems.--Of the funds provided,
$2,000,000 is to continue the evaluation of molecular markers
for detecting the adulteration or dilution of jet fuel;
$500,000 is for research into modifying general aviation piston
engines to enable their safe operation using unleaded aviation
fuel; and $1,000,000 is for research into aviation grade
ethanol fuels at South Dakota State University.
Advanced materials/structural safety.--Of the funds
provided, $4,000,000 is for research and equipment at the
National Institute for Aviation Research at Wichita State
University (NIAR) and $500,000 is for advanced materials
research at the University of Washington.
Flightdeck safety/systems integration.--Of the funds
provided, $2,000,000 is for the mobile object technology
program and $1,500,000 is for continued development of in-
flight simulator training for commercial pilots. Proposed
funding for training and education in aircraft inspection,
maintenance, and repair is not included.
Aeromedical research.--The conference agreement provides
$10,160,000, an increase of $3,500,000 above the budget
estimate. Of the additional funds, $3,000,000 is to carry out
studies and analyses of airline cabin air quality through the
Center of Excellence for Cabin Air Quality, as recommended by
the Senate. The conferees encourage FAA to consider adding
Oklahoma State University to the consortium of universities in
this center of excellence. In addition, $500,000 is to conduct
preliminary investigations of the potential of low cost, low
power, lightweight, polymer array technologies, networked
within aircraft, to meet requirements for cabin air quality
monitoring. This work is to be carried out through the FAA
Civil Aeromedical Institute.
Weather research.--Of the funds provided, $1,000,000 is
for weather-related research to be conducted between FAA and
the National Severe Storms Laboratory, Norman, Oklahoma.
Wake turbulence.--Of the funds provided, $2,000,000 is to
enhance the capability of pulsed laser Doppler radar to detect
and track aircraft wakes.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes a liquidating cash
appropriation of $2,800,000,000, as proposed by the Senate. The
House had no similar appropriation.
Obligation limitation.--The conferees agree to an
obligation limitation of $3,500,000,000 for the ``Grants-in-aid
for airports'' program as proposed by the Senate. The House
bill contained no similar limitation.
Administration.--The conference agreement includes a
limitation on administrative expenses of $68,802,000 as
proposed by the Senate. The House bill contained no similar
limitation.
Small community air service development pilot program.--
The bill includes $20,000,000 under the obligation limitation
to continue the small community air service development pilot
program, as proposed by the Senate. The House had no similar
funding. This is consistent with actions taken in the past four
fiscal years.
San Diego Airport.--Conferees agree to House direction
regarding the San Diego Air Transportation Action Plan site
selection process.
High priority projects.--Of the funds covered by the
obligation limitation in this bill, the conferees direct FAA to
provide not less than the following funding levels, out of
available resources, for the following projects in the
corresponding amounts. The conferees agree that state
apportionment funds may be construed as discretionary funds for
the purposes of implementing this provision. To the maximum
extent possible, the administrator should work to ensure that
airport sponsors for these projects first use available
entitlement funds to finance the projects. However, the FAA
should not require sponsors to apply carryover entitlements to
discretionary projects funded in the coming year, but only
those entitlements applicable to the fiscal year 2005
obligation limitation. The conferees further direct that the
specific funding allocated above shall not diminish or
prejudice the application of a specific airport or geographic
region to receive other AIP discretionary grants or multiyear
letters of intent.
Redesignation of project.--The conferees agree that the
fourteenth project in the AIP priority list on page 33 of House
Report 108-671 is renamed ``Stockton Airport''.
------------------------------------------------------------------------
Airport Project description Amount
------------------------------------------------------------------------
Akron-Canton Airport, OH.......... Construction of de- $5,000,000
icing fluid
containment
facility.
Akutan Airport, AK................ Various improvements 2,000,000
Albany Airport, GA................ Runway extension.... 1,000,000
Albemarle-Stanly County Airport, Various improvements 600,000
NC.
Alliance Airport, TX.............. Runway extension; 4,000,000
relocate navaids;
associated
relocations.
Andalusia-Opp Airport, AL......... Apron and Connector 3,500,000
Taxiway
Construction,
Runway/Taxiway
Extension Design,
Land Acquisition,
Runway Overlay,
Road Relocation,
and Runway/Taxiway
Extension.
Andrews-Murphy Airport, NC........ Corporate apron 1,000,000
expansion and land
acquisition.
Ardmore Municipal Airport, OK..... Reconstruct runway 1,108,113
17/35.
Arnold Palmer Regional, PA........ Extend runway....... 1,000,000
Augusta Regional Airport, GA...... Terminal 1,500,000
construction.
Aurora Municipal Airport, IL...... Various improvements 2,800,000
Bartlesville Airport, OK.......... Extend runway 17/35. 1,210,526
Bastrop-Morehouse Memorial Phase I funding for 800,000
Airport, LA. land acquisition
and project design.
Baxter County Regional Airport, AR Development of 1,000,000
parallel runway.
Belen Alexander Municipal Airport, Various improvements 850,000
NM.
Bessemer Municipal, AL............ Runway extension and 1,000,000
security
improvements.
Big Sandy Airport, KY............. Fencing............. 150,000
Blue Ridge Airport, VA............ Land acquisition and 500,000
road relocation
associated with
expansion of apron.
Brooks County Airport, TX......... Land acquisition for 100,000
runway extension.
Brownsville-South Padre Island Engineering costs 1,250,000
Airport, TX. associated with
increasing the
runway length.
Castle Airport, CA................ Upgrade for Part 139 1,000,000
Certification,
tower into
compliance and
various
improvements.
Central Nebraska Regional Airport, Pavement repair and 2,100,000
NE. replacement;
lighting
installation.
Chandler Municipal Airport, AZ.... Heliport relocation. 1,300,000
Chattanooga Metropolitan Airport, Taxiway ``alpha'' 1,500,000
TN. north
reconstruction.
Cleveland Hopkins International Runway safety area 1,300,000
Airport, OH. improvements and
software
installation.
Collin County Regional Airport, TX Reconstruction/ 300,000
overlay of parallel
taxiway; runway
overlay.
Concord Regional Airport, NC...... Runway extension.... 1,250,000
Council Bluffs Municipal, IA...... Runway improvements. 2,000,000
Craig/Klawock Airport, AK......... Various improvements 500,000
Dane County Regional Airport, WI.. Construct 2nd phase 1,500,000
of runway 13 safety
area, object free
space and approach
surface.
DeKalb Taylor Municipal, IL....... Widen taxiway A and 700,000
taxiway C.
Detroit Metropolitan Airport, MI.. Demolition of the 1,000,000
Berry Terminal and
construction of a
new deicing pad.
Dillon County Airport, SC......... Construct hangars, 1,000,000
runways, and other
facilities for new
airport.
DuPage Airport, IL................ Rehabilitation of 2,500,000
taxiways A and C.
Eastman Airport, GA............... Construction of the 1,000,000
proposed cross wind
runway.
Edinburg Airport, TX.............. Design and 100,000
engineering for
upgrades to add
cargo capacity.
Enid Airport, OK.................. Reconstruct parallel 947,368
taxiway;
rehabilitate runway
17/35.
Erie County-Plum Brook Airport, OH Initial engineering 1,500,000
and design work to
build the airport.
Fairbanks International, AK....... Various improvements 1,300,000
Farmington Airport, MO............ Construct apron, 1,500,000
partial parallel,
and t-hanger
taxiways.
Fitzgerald Municipal Airport, GA.. Runway extension and 1,300,000
precision approach
equipment.
Forbes Field Airport, KS.......... Taxiway improvements 1,000,000
Franklin Field, AL................ Land acquisition, 1,000,000
runway extension,
and parallel
taxiway.
Freddie Jones Airport, AL......... Runway extension.... 1,000,000
Frenchville Airport, ME........... Construction of 1,300,000
aircraft hangar,
complete access
road; purchase and
remove existing
hangars.
Gary/Chicago Airport, IN.......... Railroad relocation. 2,800,000
Georgetown County Airport, SC..... Various improvements 1,000,000
Golden Triangle Regional Airport, Cargo ramp 2,000,000
MS. construction.
Granbury Municipal Airport, TX.... Runway extension.... 1,250,000
Great Falls International Airport, Runway improvements. 3,000,000
MT.
Gulfport-Biloxi International Various improvements 1,250,000
Airport, MS.
Guthrie Airport, OK............... Complete runway 16/ 684,211
34 extension.
Halifax-Northampton Regional Installation of 1,000,000
Airport, NC. category I
instrument landing
system, including
localizer,
glideslope,
approach lighting
system, and other
related components.
Hancock International, NY......... Improve drainage; 1,000,000
acquire snow
removal vehicle;
rehab apron.
Harlan Tucker Guthrie Airport, KY. Fencing............. 200,000
Harnett County Airport, NC........ Runway and parallel 700,000
taxiway extension;
apron expansion/
overlay; and
localizer
installation.
Havre City-County Airport, MT..... Terminal remodeling 150,000
and expansion;
various
improvements.
Hawkins Field, MS................. Extend runway 1634 750,000
to 6,500 feet.
Hector International Airport, ND.. Reconstruct and 1,500,000
shorten runway and
various
improvements.
Helena Regional, MT............... Terminal remodeling 1,250,000
and expansion.
Highmore Airport, SD.............. Construct new 1,000,000
runway, apron and
taxiway.
Hilo International Airport, HI.... Runway pavement 1,000,000
rehabilitation.
Horry County Airport, SC.......... Airport study....... 500,000
Huntsville International--Jones Taxiway extension 2,000,000
Field, AL. and land
acquisition.
Ithaca Tompkins Airport, NY....... Relocation of 500,000
parallel taxiway.
Jackson International Airport, MS. Apron replacement 1,750,000
and related taxiway.
Jamestown Municipal Airport, ND... Milling off the 4,500,000
current surface and
resurfacing airline
runway 13/31 and
various
improvements.
JFK Memorial Airport, WI.......... Security fencing.... 500,000
Jimmy Stewart Airport, PA......... Runway extension.... 900,000
Joplin Regional Airport, MO....... Terminal Replacement 1,500,000
Juneau Airport, AK................ Terminal 1,200,000
enhancements.
Kahului Airport, HI............... Taxiway pavement 1,000,000
rehabilitation.
Kansas City International Airport, Various improvements 3,000,000
MO.
Kansas State University Airport, Apron and hangar 1,000,000
KS. door repair.
Kenai Airport, AK................. Various improvements 1,000,000
Kenosha Regional Airport, WI...... Various improvements 1,000,000
L.O. Simenstad Municipal Airport, Reconstruct and 2,000,000
WI. extend primary
runway to 5000
feet, construct
parallel taxiway,
install high
intensity runway
lighting.
La Crosse Municipal Airport, WI... Construct Parallel 1,500,000
Taxiway.
Levelland Municipal Airport, TX... Renovation project 68,000
phase I.
Littlefield Municipal Airport, TX. Renovation project 68,000
phase I.
Logan Cache Airport, UT........... Master plan......... 100,000
Lumberton Municipal Airport, NC... Rehabilitate the 1,000,000
primary runway.
Madras/Jefferson County Airport, Construction of 300,000
OR. flight services
building.
Manistee County Blacker Airport, Terminal project.... 1,000,000
MI.
Marshall Municipal Airport, MN.... Extension of runways 1,000,000
Mason City Airport, IA............ Rehabilitation of 2,500,000
runways; land
acquisition for RSA.
Medford Airport, OR............... Terminal 1,200,000
construction.
Merrill Airport, WI............... Install jet A fuel 1,000,000
facility; install
fence..
Mid-Way Regional Airport, TX...... Extension of runway 700,000
18-356.
Missoula International Airport, MT Land acquisition.... 3,925,000
Montgomery County Airport, NC..... Lighting upgrades... 150,000
Montgomery Regional (Dannelly Terminal Renovation-- 2,000,000
Field), AL. Phase III.
Moriarty Airport, NM.............. Construction of new 200,000
crosswind runway--
phase I.
Moton Field Municipal, AL......... Land acquisition, 1,000,000
runway and taxiway
extension, apron
expansion, and
other improvements.
Nacogdoches--A.L. Mangham, Jr. Runway expansion 2,000,000
Regional Airport, TX. phase II.
Nashville International Airport, Expansion of the 750,000
TN. airport rescue and
fire fighting
facility.
New Castle County Airport, DE..... Taxiway improvements 1,750,000
New Castle-Henry County Airport, Land acquisition and 1,000,000
IN. runway expansion.
Newport News/Williamsburg Phase II airline 1,000,000
International, VA. ramp expansion.
Norman Airport, OK................ Reconstruct main 1,000,000
hanger and apron
areas.
Nut Tree Airport, CA.............. Improve airport 1,000,000
access and parking
aprons; seal hanger
taxi landings.
Oakland County International, MI.. Relocation of t- 2,000,000
hangers.
Orlando International, FL......... Elimination of 1,000,000
wildlife
attractants.
Owensboro--Daviess County Regional Runway extension.... 1,000,000
Airport, KY.
Paulding County Airport, GA....... Land acquisition, 1,000,000
design engineering;
airfield
improvements.
Pellston Regional Airport, MI..... Perimeter access 500,000
road and new
entrances,
expansion of auto
parking lots, de-
icing facility, and
new entryway
signage.
Person County Airport, NC......... Construct runway 1,250,000
extension, widen
the existing runway
safety area,
strengthen existing
pavement, and
complete the
parallel taxiway.
Philadelphia International Environmental impact 2,000,000
Airport, PA. statements.
Phoenix Sky Harbor International, Taxiway 3,500,000
AZ. reconstruction.
Put-in-Bay Airport, OH............ Various improvements 1,000,000
R. L. Jones Airport, OK........... Improve airport 236,843
drainage.
Reno/Tahoe International Airport, Apron reconstruction 1,000,000
NV.
Rice Lake Regional Airport (Carl's Various improvements 2,000,000
Field), WI.
Rochester Airport, NY............. Extension of runway 1,250,000
10/28.
Sacramento International Airport, Various improvements 1,500,000
CA.
Salina Municipal, KS.............. Apron and Hangar 1,000,000
Repair.
San Bernardino International, CA.. Runway improvements. 4,000,000
San Francisco International Perimeter security 1,000,000
Airport, CA. fence combined with
electronic
detection.
Santa Teresa (Dona Ana) Airport, Runway improvement-- 1,000,000
NM. phase I.
Soldotna Airport, AK.............. Runway safety area, 1,300,000
drainage
improvements,
tundra tire/ski
runway, signing and
visual guidance
system.
Somerset Airport, KY.............. Relocation of Kit 2,500,000
Cowan Road.
Southwest Georgia Regional Runway extension.... 1,000,000
Airport, GA.
Spearfish Airport, SD............. Construct new 1,000,000
airport runway.
Spokane International Airport, WA. Taxiway 'C' 5,000,000
extension.
Springfield-Beckley Municipal Purchase land for 1,700,000
Airport, OH. instrument landing
system and
development.
St. Petersburg/Clearwater Runway extension.... 6,000,000
International, FL.
Ted Stevens International Airport, Laser lines of tug 1,400,000
AK. roads and Lake Hood
Seaplane base.
Trent Lott International Airport, Runway expansion.... 1,000,000
MS.
Tulsa International, OK........... Taxi lanes; taxiway 1,500,000
rehabilitation;
drainage
improvements.
Tupelo Airport, MS................ Upgrade terminal.... 1,000,000
Unalaska Airport, AK.............. Air terminal 1,000,000
expansion.
Upper Cumberland Regional Airport, Extend runway and 2,500,000
TN. construct taxiway
extension.
Virginia Highlands Airport, VA.... Environmental 1,250,000
assessment,
relocation of State
Route 611, and
design of a runway
extension.
W.K. Kellogg Airport, MI.......... Various improvements 3,000,000
Warren County Airport, NY......... Various improvements 500,000
Waukesha County Airport (Crites Various improvements 3,000,000
Field), WI.
West Virginia Statewide........... Various improvements 8,000,000
Westfield-Barnes Airport, MA...... Navigation aids to 100,000
add an array of
eight new antennas.
Williamsburg/Whitley County Various improvements 650,000
Airport, KY.
Willmar Airport, MN............... Various improvements 1,000,000
------------------------------------------------------------------------
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
The conference agreement includes a rescission of
contract authority of $265,000,000 as proposed by the Senate.
No similar rescission was proposed by the House.
General Provisions--Federal Aviation Administration
Sec. 101 retains authorization for airports to transfer
instrument landing systems and other equipment purchased with
federal airport grants to the FAA, subject to certain
conditions, as proposed by the House and Senate.
Sec. 102 allows 375 technical staff-years at the Center
for Advanced Aviation Systems Development as proposed by the
House, instead of 350 as proposed by the Senate.
Sec. 103 retains a provision proposed by the House
prohibiting funds for engineering work related to an additional
runway at Louis Armstrong New Orleans International Airport in
Louisiana. The Senate bill contained no similar provision.
Sec. 104 retains a provision prohibiting FAA from
requiring airports to provide ``without cost'' building
construction or space, as proposed by the House and Senate.
Sec. 105 retains a provision proposed by the House
prohibiting funds to change weight restrictions or prior
permission rules at Teterboro Airport in New Jersey. The Senate
bill contained no similar provision.
Sec. 106 modifies provisions proposed by the House and
Senate concerning the continuation and mandatory expansion of
the war risk insurance program. The modification deletes
expansion of the program to aircraft manufacturers and
associated entities. As proposed by the House and Senate, the
conference agreement extends the existing terms and conditions
of the program for one year, until December 31, 2005. The
conferees note that, under the provisions of section 106 of
Public Law 108-176, the Secretary continues to have the
authority to extend war risk insurance to aircraft
manufacturers at his discretion.
Sec. 107 includes a provision making eligible for the
FAA's Airport Improvement Program a project meeting certain
specified requirements.
The conference agreement deletes a provision proposed by
the Senate authorizing the FAA Administrator to accept funds
from an airport sponsor, subject to certain conditions, for
environmental reviews related to a project to add critical
airport capacity. A similar provision was enacted on December
12, 2003 in Public Law 108-176.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement limits administrative expenses
of the Federal Highway Administration (FHWA) to $346,500,000
instead of $346,000,000 as proposed by the House and
$349,594,000 as proposed by the Senate. This amount assumes
funding for six full time equivalents to help oversee FHWA
major projects.
The conferees recommend the following adjustments to the
budget request by program and activity:
Employee multidisciplinary development program.......... -$1,600,000
Undistributed reduction................................. -1,494,000
The conferees note a report on this program due by March
15, 2004 has yet to be received by the House and Senate
Committees on Appropriations, and therefore reduce funding for
the employee multidisciplinary development program to
$2,506,000. The conferees include an undistributed reduction of
$1,494,000 and direct FHWA to report back to the House and
Senate Committees on Appropriations on the planned amounts for
these activities and funding sources with the 2005 operations
plan, and actual amounts and funding sources in future budget
justifications. A table should include information on each LAE
subline item, including the budget request, reductions (if
any), and a total. Examples of subline items are ``awards'',
``Oracle licensing'', ``electronic government'', or ``IT cost
to meet new IT architecture standards''.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for the
federal-aid highways program to $34,700,000,000 instead of
$34,641,000,000 as proposed by the House and $34,900,000,000 as
proposed by the Senate.
Project clarifications--The conference agreement deletes
language associated with changes or corrections to projects in
the statement of managers associated with both the fiscal year
2004 and 2003 bills, as proposed by the Senate.
Public lands.--The conference agreement modifies language
proposed by the Senate directing that funds allocated to FHWA's
public lands discretionary program be derived from that program
and not from funds allocated to the National Park Service, and
that these funds not come from funds allocated to the Fish and
Wildlife Service's regions.
Major projects updates.--The conferees require FHWA to
provide the House and Senate Committees on appropriations
quarterly updates on major projects it is tracking.
Tranportation Enhancements--The conferees are aware that
the Surface Transportation Extension Acts continue TEA-21's
requirement that 10 percent of the Surface Transportation
Program (STP) funds apportioned to a State be set-aside
specifically for transportation enhancement (TE) activities,
which fund community-based transportation infrastructure
projects. The Conferees direct that of the fiscal year 2005 TE
funds distributed to the State of Oklahoma, the Federal Highway
Administration shall ensure that a total of $2,500,000 is
provided to the visitor welcome centers at Blackwell and at
Erick, Oklahoma; and that $750,000 is provided to the
recreational trails project in Edmond, Oklahoma.
District of Columbia partnership.--The conferees
recognize the success of the ``DC Streets'' partnership, a
project to preserve and maintain the majority of the 75 mile
NHS system in the District of Columbia. The conferees note the
favorable evaluation of asset condition when measured against
performance measures, and believe that the project could serve
as a national model for performance based contracting.
LIMITATION ON TRANSPORTATION RESEARCH
The conferees provide a general limitation on
transportation research of $462,500,000, as proposed by the
Senate, instead of $478,000,000 as proposed by the House.
SURFACE TRANSPORTATION RESEARCH
Within the funds provided for surface transportation
research, the conference agreement modifies House and Senate
language and includes $103,000,000 for highway research and
development for the following activities:
Environmental, planning, real estate.................... $16,850,000
Research and technology program support................. 8,000,000
International research.................................. 400,000
Structures.............................................. 14,000,000
Safety.................................................. 11,500,000
Operations.............................................. 13,000,000
Asset management........................................ 2,750,000
Pavements research...................................... 16,000,000
Long term pavement project (LTPP)....................... 10,000,000
Advanced research....................................... 750,000
Policy research......................................... 9,000,000
R&T strategic planning and performance measures......... 750,000
--------------------------------------------------------
____________________________________________________
Total............................................. 103,000,000
The conference agreement replaces language allocating
research funding proposed by the Senate with the following
language:
Environmental, planning, and real estate.--The conference
agreement provides $16,850,000 for environmental, planning, and
real estate research. Within the funds provided for this
research activity, the FHWA is directed to provide $1,000,000
to continue dust and persistent particulate abatement research
in Emmonak, Alaska, $500,000 for Central California Ozone
Study, and $250,000 for the Sacramento Blueprint, California.
Research and technology.--The conference agreement
provides $8,000,000 for research and technology program
support. Within the funds provided for this activity, the FHWA
is directed to provide $250,000 to the Transportation Research
Center at Georgia Tech University; $700,000 to the Center for
Intermodal Freight Mobility and Security in Maryland; $750,000
for the Center on Coastal Transportation Research at the
University of South Alabama, $475,000 for NEPA training at
Pellissippi State Community College in Tennessee, $650,000 for
the University of Vermont for research related to dynamic
transportation modeling and advanced ground penetrating radar
systems, and $1,500,000 for the Oklahoma Transportation Center.
International research.--``The conferees provide $400,000
for international research activities. Further, FHWA is
directed by the conferees to consult the House and Senate
Appropriations Committees before any international agreements
are consummated that are likely to require financial support as
proposed by the House.
Structures.--The conference agreement provides
$14,000,000 for structures research. Within the funds provided
for structures research, the conferees direct FHWA to provide
$125,000 to support nondestructive structural evaluation
technology at New Mexico State University's Bridge Research
Center, $200,000 for West Virginia UniversityConstructed
Facilities Center for fire and blast resistant composite barriers
research, and $150,000 for the University of Delaware's innovative
bridge research program, $350,000 to the University of Maine to study
the use of wood composite material to extend the life of ports, and
$1,000,000 for the National Steel Bridge Alliance. The conferees
strongly encourage FHWA to continue its research and deployment of
lithium technologies to prevent and mitigate ASR since advances in
these lithium technologies have the potential to help increase the
durability of our transportation infrastructure.
Safety.--The conference agreement provides $11,500,000
for safety research.
Operations and asset management.---The conference
agreement provides $13,000,000 for operations and $2,750,000
for asset management. Within the funds provided for these
activities, the conferees direct FHWA to provide $700,000 for
Wisconsin's critical vulnerability assessment and
countermeasure plan; $300,000 for the Wisconsin STRAHNET detour
route planning; $1,500,000 for the Puget Sound In-Vehicle
Traffic Map Demonstration initiative in Washington State; and
$500,000 for the Pacific Northwest freight mobility research
program at Washington State University, the University of
Washington, and North Dakota State University.
The conference agreement does not provide funds for
statistical analysis of the National Quality Initiative under
any FHWA research program, as proposed by the House. Such
analysis shall be performed by the Bureau of Transportation
Statistics.
Pavements.--The conference agreement provides $16,000,000
for pavements research. Within the funds provided for this
activity, the conferees direct FHWA to provide $250,000 to
Tennessee Tech University rapid set pavement research and
development; $500,000 for low cost carbon fiber production
technology, University of Tennessee Space Institute; $550,000
for the Center for Portland Cement Concrete Pavement Technology
at Iowa State University; $1,250,000 to the National Center for
Asphalt Technology, Auburn, Alabama; $450,000 for the Mack-
Blackwell Paving Materials Study, Arkansas; $300,000 for the
concrete research at Oklahoma State University; and $500,000
for aggregates research at the International Center for
Aggregates Research, Texas.
Policy.--The conference agreement provides $9,000,000 for
policy research. Within the funds provided for this activity,
FHWA is directed to provide $300,000 to the Boston University
infrastructure investment research initiative.
INTELLIGENT TRANSPORTATION SYSTEMS
The conference agreement modifies language proposed in
the House and Senate and provides a limitation on Intelligent
Transportation Systems of $232,000,000. Funds are available for
the following activities:
Research and development................................ $52,000,000
Operational tests....................................... 10,000,000
Evaluations............................................. 7,000,000
Architecture and standards.............................. 18,000,000
Integrations............................................ 11,500,000
Program support......................................... 11,500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 110,000,000
ITS Deployment incentive program........................ 122,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 232,000,000
Joint Program Office.--The conferees retain House
language regarding the structure of the ITS Joint Program and
directing the Secretary to justify any changes to the
administrative structure.
Intelligent transportation systems deployment projects.--
Within the funds available for intelligent transportation
systems deployment, the conference agreement provides that not
less than the following sums shall be available for intelligent
transportation projects in these specified areas:
Project Name Amount
Alameda Corridor--East Project, San Gabriel Valley,
California.......................................... $2,000,000
Alexandria Fiber Optic Cable for Traffic Signal
Coordination, Virginia.............................. 2,000,000
Alliance for Transportation Research, Transportation
Technology Center, New Mexico....................... 750,000
Appalachian Transportation Institute and U3C, West
Virginia............................................ 1,000,000
Atlanta Construction and Traffic Management Project,
Georgia............................................. 2,000,000
Baltimore City Intelligent Transportation System,
Maryland............................................ 1,000,000
Bay County Regional ITS, Florida........................ 2,000,000
Calmar Research Vehicle Communication Systems, New York. 1,150,000
Center for Injury Sciences, Alabama..................... 2,000,000
Central Florida Regional Transportation Authority
(LYNX): North Orange/South Seminole ITS Enhanced
Circulator.......................................... 500,000
Cicero Avenue Smart Corridor, Illinois.................. 1,000,000
City of Boston Directional Signage Program,
Massachussets....................................... 1,000,000
City of Elk Grove ITS Project, California............... 1,500,000
City of Fort Worth Intelligent Transportation Systems,
Texas............................................... 1,800,000
City of San Antonio Municipal ITS Technologies, Texas... 1,300,000
Clark County ITS, Washington............................ 2,000,000
Commercial Vehicle Information Systems Network, Illinois 500,000
COTA ITS Integration Project Phases II and III, Ohio.... 800,000
DeKalb Co. Signal System Improvements, Georgia.......... 500,000
Downtown Signalization Project, Mechanicsburg,
Pennsylvania........................................ 750,000
FAST-TRAC Signal Expansion, Michigan.................... 1,000,000
Florida State University System Center for Intermodal
Transportation Safety............................... 3,000,000
Freeway Incident Management Program, Houston, Texas..... 3,250,000
Ft. Lauderdale Intelligent Trans System Improvement,
Florida............................................. 1,000,000
GEARS Demonstration Project, Cumberland County,
Pennsylvania........................................ 150,000
Germantown ITS, Tennessee............................... 500,000
GMU ITS Appropriations, Virginia........................ 2,000,000
Highway Speed E-ZPass, Outerbridge Crossing, New York... 350,000
Hillsborough Area Regional Transit Authority: Bus
Tracking, Communication and Security, Florida....... 750,000
I-70 Incident Management Plan, Colorado................. 1,250,000
I-91 Fiber and ITS Construction, Massachussets.......... 2,500,000
Intelligent Transportation at George Washington
University, Virginia................................ 1,000,000
Intelligent Transportation System feasibility study and
implementation plan, Edmond, OK..................... 100,000
Intelligent Transportation System, Jackson, Tennessee... 385,000
Intelligent Transportation System, Wichita, Kansas...... 1,250,000
Intelligent Transportation Systems--Nebraska............ 450,000
Intelligent Transportation Systems, City of Jackson,
Tennessee........................................... 1,000,000
Intelligent Transportation Systems, Illinois............ 5,000,000
Intercity Transit ITS (Thurston County), Washington..... 2,000,000
Interurban Transit Partnership, Grand Rapids, MI........ 2,000,000
Iowa ITS................................................ 2,000,000
ITS--Commercial Vehicle Safety and Integration
Statewide, Utah..................................... 500,000
ITS--Northwest Arkansas Regional Architecture, Arkansas. 250,000
ITS--Rural Recreation & Tourism, Statewide, Utah........ 750,000
ITS--Springfield, Illinois.............................. 650,000
ITS Deployment Project, Inglewood, California........... 400,000
ITS Statewide, Maryland................................. 1,000,000
Jacksonville Transportation Authority: Intelligent
Transportation Systems Regional Planning, Florida... 750,000
JAXPORT Intermodal Cargo Tracking Project, Florida...... 900,000
Kansas City SmartPort, Missouri......................... 750,000
King County, County-Wide Signal Program, Washington..... 2,000,000
Lake County Passage, Lake County, Illinois.............. 1,250,000
Laredo ITS Multi-Agency Integration and Incidence
Project, Texas...................................... 500,000
Los Angeles Union Station Communication System.......... 1,000,000
Lynnwood Traffic Management Center of Multi-
Jurisdictional ITS, Washington...................... 1,000,000
MARTA Automated Fare Collection/Smart Card System,
Georgia............................................. 500,000
Missouri Statewide Rural ITS............................ 2,500,000
Montgomery County Integrated ITS Program, Maryland...... 750,000
Montgomery Intelligent Transportation System Acquisition
and Implementation, Alabama......................... 1,000,000
Nepperhan Traffic Improvements, City of Yonkers, New
York................................................ 300,000
Northwest Arkansas Regional Planning Commission--ITS
Regional Architecture............................... 300,000
Park Avenue Corridor Improvements, New Jersey........... 1,000,000
Park Avenue Corridor Improvements, Union County, NJ..... 765,000
Pennsylvania Turnpike ITS Initiative, Pennsylvania...... 2,000,000
PSU's Center for Transportation Studies ITS
Initiatitive, Oregon................................ 400,000
Puget Sound In-Vehicle Traffic Map Expansion Program,
Washington.......................................... 2,000,000
Pulaski at Irving Park Intersection Improvement,
Illinois............................................ 500,000
PVTA ITS, Massachussets................................. 1,000,000
Regional ITS Springfield, Missouri...................... 2,000,000
Reston Traffic Signal Prioritization, Virginia.......... 750,000
Route 28 traffic light synchronization.................. 500,000
Route 50 signalization improvement, Virginia............ 1,000,000
Route 7 signalization improvements, Virginia............ 500,000
Rural Highway Information System, Kentucky.............. 2,000,000
San Diego Joint Transportation Operations Center,
California.......................................... 750,000
SCDOT InRoads, South Carolina........................... 2,500,000
Signal Preemption Upgrades, Culver City, California..... 110,000
South Boulevard Signal System, North Carolina........... 470,000
Springfield Regional Intelligent Transportation System,
Missouri............................................ 2,000,000
Stamford Urban Transitway Phase II, Connecticut......... 1,000,000
State Transportation Incident Management Center,
Wisconsin........................................... 500,000
STRAP 3 Transportation Program Tracking................. 1,500,000
The Mass Country Roads Traveler Information System,
Massachusetts....................................... 200,000
TMC Transportation Operations Center, Texas............. 500,000
Traffic Operations Center, City of Fresno, California... 500,000
Traffic Response and Information, Partnership Center,
Maryland............................................ 1,500,000
Transportation Management & Emergency Ops Center/
Oakland, California................................. 750,000
Transportation Research Center, Georgia................. 1,000,000
Traveler Information System, Seattle, Washington........ 1,000,000
Tri-County ITS Coordination Intitiative, Michigan....... 500,000
Twin Cities, Minnesota Redundant Communications Pilot... 750,000
University of Alaska Arctic Transportation Engineering
Research Center, Alaska............................. 1,500,000
University of Kentucky Transportation Center............ 1,500,000
US 2 Lohman Rail Crossing Advance Warning, Montana...... 1,000,000
US 280 Corridor ITS, Alabama............................ 800,000
US 280, Jefferson County, ITS, Alabama.................. 4,000,000
US 98 Widening from Bayshore Road to Portside Road,
Florida............................................. 500,000
Variable Message Signs and 511 Implementation, Idaho.... 2,250,000
Ventura County Intelligent Transportation Systems,
California.......................................... 750,000
Vermont Roadway Weather Information System.............. 1,000,000
Village of Tarrytown, New York.......................... 320,000
West Baton Rouge Emergency Communications Center,
Louisiana........................................... 1,500,000
Wisconsin State Patrol Mobile Data Communications
Network--Phase III.................................. 3,400,000
Ferry Boats and Ferry Terminal Facilities
Within the funds available for ferry boats and ferry
terminal facilities, funds are to be available for the
following projects and activities:
Project Amount
Beale Street Landing/Docking Facility, Memphis,
Tennessee........................................... $500,000
Beale Street Landing/Docking Facility, Tennessee........ 1,350,000
Bridgeport High Speed Ferry Terminal, Connecticut....... 550,000
Bridgeport High-Speed Ferry Terminal Project,
Connecticut......................................... 350,000
City dock repairs, Bayfield, Wisconsin.................. 500,000
Claggett Hill, Lewis and Clark Ferry Boat Facilities on
Missouri River, Montana............................. 1,000,000
Claggett Road/Lewis and Clark Ferry Boat Facilities,
Montana............................................. 500,000
Commuter Ferry to Boston, Winthrop, Massachussets....... 300,000
Ferry Boat for San Francisco Water Transit Authority,
California.......................................... 1,000,000
Ferry for Jamestown 2007 Festivities, Virginia.......... 250,000
Greenup-Boyd Riverport Authority in Greenup County,
Kentucky............................................ 850,000
Jamaica Bay Transportation Hub, New York................ 300,000
Kitsap Transit Ferry Boat Buy, Washington............... 1,750,000
Mammoth Cave/Edmonson County Green River Ferry, Kentucky 250,000
Mid-Chesapeake Bay Ferry, Virginia...................... 250,000
National Park Service Sandy Hook, New Jersey............ 400,000
Newport Harbor Water Shuttle, Rhode Island.............. 600,000
Oklahoma City Water Taxi................................ 1,000,000
Penobscot River Passenger Ferry Docking Facility, Maine. 750,000
Putnam County, FL Ferry Boat & Terminal Facilities,
Florida............................................. 500,000
Savannah Water Taxi, Georgia............................ 500,000
St. Johns River Ferry Terminal, Florida................. 700,000
Stamford High Speed Ferry, Connecticut.................. 500,000
Staten Island Ferryboat Replacement--New York, New York. 1,000,000
Washington State Ferries, Smart Video Surveillance for
Ferry Security...................................... 750,000
Water taxi docks, New York.............................. 600,000
Water Taxi Study, Barnett Reservoir, Mississippi........ 1,000,000
National Corridor Planning and Border Development Program
Within the funds available for the national corridor
planning and border development program, funds are to be
available for the following projects and activities:
Project Amount
Albany Bypass, Clinton County, Kentucky................. $1,000,000
Berkley Road Polk County, Florida....................... 2,000,000
Bishopville Bypass Construction, South Carolina......... 1,500,000
Broad & Washington Street Reconstruction, Connecticut... 2,000,000
Carrollton/US90-US61 Rehabilitation Project, Louisiana.. 1,000,000
Construction of Juneau Access road, Alaska.............. 2,000,000
Construction of road from Kotzebue, Alaska to Cape
Blossom, Alaska..................................... 2,000,000
Construction of road, Shot Gun Cove, Alaska............. 2,000,000
County State Aid Highway 21 Project, Minnesota.......... 1,000,000
Craig roads, Alaska..................................... 1,000,000
Cross Valley Connector, California...................... 5,000,000
East Hiram Parkway, Paulding County, Georgia............ 1,000,000
Emmonak street lighting, Alaska......................... 1,000,000
Englewood Interstate Connector EIC, Sarasota, Florida... 1,000,000
FAST Corridor Program, Washington....................... 2,500,000
Haleyville Bypass, Winston County, Alabama.............. 6,500,000
Highway 65 Hollister Interchange Missouri............... 1,000,000
Horse Stamp Road/I-95 Interchange, Georgia.............. 3,000,000
I-4/Crosstown Connection in Hillsborough County, Florida 1,000,000
I-235/US54 and I-235/Central Ave, Wichita, Kansas....... 1,500,000
I-49 North, Louisiana................................... 2,250,000
I-49 South, Louisiana................................... 2,250,000
I-494/US 169 Interchange, Minnesota..................... 1,500,000
I-635, Texas............................................ 2,450,000
I-69 Access Project, Hamilton County, IN................ 1,000,000
I-69/SR 304 Paving, Mississippi......................... 1,000,000
I-69 Connector (I-530 Ext.): Pine Bluff-Hwy. 278,
Arkansas............................................ 2,000,000
I-74 from Maxton Bypass to Lumberton, North Carolina.... 1,000,000
Improvements to Anaheim Street, from 710 Freeway,
California.......................................... 500,000
Improvements to CR 833 in Hendry County, Florida........ 1,000,000
Interchange at K-7 & 55th St./Johnson Dr, Shawnee,
Kansas.............................................. 2,000,000
Interstate 280 Interchange Improvements, New Jersey..... 1,500,000
Interstate 5 Riverfront Reconnector, California......... 1,000,000
Interstate 69, Tennessee................................ 1,500,000
Jennie Barker Rd./Mary St./K-156 Intersection, Finney
County, Kansas...................................... 500,000
Kalispell Bypass, Montana............................... 3,000,000
Kodiak Island roads, Alaska............................. 1,300,000
KY 911/115 Widening, Kentucky........................... 1,000,000
Lincoln Parish I-20 Corridor, Louisiana................. 1,000,000
Loop 49 from SH 155 to SH 31, Texas..................... 3,000,000
Manchester Road in Akron, Ohio.......................... 1,000,000
Mesa del Sol/I-25 Interchange, New Mexico............... 1,000,000
Mon-Fayette Expressway Project/Uniontown to Browns,
Pennsylvania........................................ 2,000,000
Navajo Route N7048 Bridge Construction, New Mexico...... 250,000
Nikiski emergency escape road, Alaska................... 500,000
Northwest Butler Transportation Improvement District,
Ohio................................................ 4,000,000
Old Highway 471, Rankin County, Mississippi............. 1,000,000
Outer Loop/I-85 Connector, Montgomery, Alabama.......... 2,000,000
Parkway West Missing Ramps and Widening Project,
Pennsylvania........................................ 1,000,000
Port of Albany Operational Improvements, New York....... 1,000,000
Ports of Savage/TH 13 Improvements, Minnesota........... 1,000,000
President George Bush Tollway Eastern Extension, Texas.. 2,000,000
Pt. Hope evacuation road, Alaska........................ 2,000,000
Reconstruction of Ashburton Avenue, Saw Mill River...... 1,200,000
Reyes Adobe Road Interchange Project, California........ 1,500,000
Rickenbacker Intermodal Facility, Ohio.................. 1,500,000
Route 247, Nelson County, Kentucky...................... 600,000
Route 412 Improvement Project, Bethlehem, Pennsylvania.. 3,000,000
Route 79 Improvements, Fall River, Massachusetts........ 1,000,000
SR 0171, Drinkers Creek Bridge, Susquehanna County,
Pennsylvania........................................ 1,000,000
Santa Fe Corridor, Colorado............................. 1,000,000
SR 519 Intermodal Access, Washington.................... 1,000,000
Street Improvements, Lawndale, California............... 500,000
US 82 Bypass at Greenville, Mississippi................. 1,500,000
US 101 Off-ramp Extension at Van Nuys Boulevard,
California.......................................... 1,000,000
US 319 Improvements, Florida............................ 1,000,000
US 321 Corridor, North Carolina......................... 1,000,000
US 60 bridge replacement, Virginia...................... 2,600,000
US Highway 56 Improvements, Kansas...................... 4,000,000
US Route 2/Danville, Vermont Improvements............... 2,000,000
Upgrade of NH Rte. 110 Berlin, New Hampshire............ 800,000
US 395--North Spokane Corridor, Washington.............. 1,000,000
US 401 in Harnett, Cumberland & Wake Counties, North
Carolina............................................ 800,000
US 62--Franklin County/Frank Road, Ohio................. 1,000,000
US 83 from .5 mi e of FM1425 to Hidalgo/Cameron, Texas.. 1,000,000
US Highway 62/180 Four-Lane Reconstruction, New Mexico.. 5,000,000
US-95, MP 536 to Canadian Border, Idaho................. 1,500,000
UW-Bothell/Cascadia South Access Project, Washington.... 1,000,000
Wadsworth/U.S. 36 Interchange in Broomfield, Colorado... 1,250,000
Wasilla substandard road improvements, Alaska........... 1,000,000
West Virginia Route 9--Berkeley and Jefferson Counties.. 10,000,000
White County/Monticello 6th Street West Shafer Drive
Project, Indiana.................................... 250,000
Yakima Grade Separations, Washington.................... 1,500,000
Transportation and Community and System Preservation Program
Within the funds made available for the transportation
and community and system preservation program, funds are to be
distributed to the following projects and activities:
Project Amount
Aberdeen, South Dakota Pedestrian/Bicycle Trail......... $200,000
AltaVista Business Park Entrance, Pennsylvania.......... 2,500,000
American Village Citizenship Trust--Transportation
Access and Improvement, Alabama..................... 1,000,000
Antelope Valley Transportation Improvements, Nebraska... 1,000,000
Blount County Transportation Growth and Planning Study,
Tennessee........................................... 500,000
Clayton Core Area Revitalization and Enhancement
Program, Alabama.................................... 250,000
Concord 20/20, New Hampshire............................ 450,000
Coosa River Boardwalk, Gadsden, Alabama................. 800,000
Culpeper Regional Airport Road Project, Virginia........ 1,100,000
Fairgrounds Road in Alamagordo, New Mexico.............. 400,000
Farmington Canal Greenway, New Haven, Connecticut....... 750,000
Hammonton Pedestrian Downtown Improvements, New Jersey.. 200,000
Hattiesburg Rail-Roadway Intersection Congestion Study,
Mississippi......................................... 300,000
Henry M. Jackson Pedestrian and Bicycle Bridge and
Snohomish River Shoreline Trail Project, Everett,
Washington.......................................... 500,000
INAAP Re-Use Authority Project, Indiana................. 1,000,000
Lakeview Park Trail, Mexico, Missouri................... 375,000
Luverne, AL Downtown Revitalization, Alabama............ 500,000
Miami Performing Arts Center: Pedestrian Plaza and
Traffic Calming, Florida............................ 250,000
Midwest City Hudiburg Drive Improvements, Oklahoma...... 875,000
Mingo Trail Construction, Oklahoma...................... 200,000
New Cassel Revitalization Project, NY................... 1,000,000
NH Rte. 103 Bridge, Warner, New Hampshire............... 200,000
Norman, Oklahoma Railroad Grade Separations, Oklahoma... 1,000,000
Oglala, South Dakota Pedestrian/Bicycle Trail........... 225,000
Orange Beach Pedestrian Safety and Lighting
Enhancements, Alabama............................... 250,000
Ottawa, KS Master Transportation Plan, Kansas........... 200,000
Paulding Business and Technology Park, Georgia.......... 1,000,000
Paulding County Business and Technology Park Roadway
Improvement, Georgia................................ 1,000,000
Pedestrian bridge, Shandon, California.................. 250,000
Pedestrian safety improvements, San Miguel, California.. 250,000
Philadelphia Port--Access Enhancement Plan, Pennsylvania 500,000
Portsmouth Town Center, Rhode Island.................... 225,000
Resurfacing Diaz Avenue in Hurley, New Mexico........... 100,000
Sidewalk & Lighting Improvements, Bevill State CC,
Alabama............................................. 400,000
Southern Corridor/Atkinville Interchange, Utah.......... 2,500,000
State Route 52 East from SR125 to SR67, California...... 1,000,000
US-2 Development Plan, Washington....................... 500,000
Wheeler NWR--Wildlife Drive, Alabama.................... 250,000
Windsor, VT Industrial Access Road, Vermont............. 1,000,000
Bridge Discretionary Program
Within the funds available for the bridge discretionary
program, including the bridge set-aside, funds are to be
available for the following projects and activities:
Project Amount
Black Narrows and Chincoteague Bridge, Virginia......... $1,000,000
Brent Spence Bridge Replacement, Kentucky............... 3,000,000
Brent Spence Bridge, Kentucky........................... 1,000,000
Bridge Number 658, Arizona.............................. 200,000
Covered Bridge Program, Vermont......................... 2,000,000
Dover Bridge, Bonner County, Idaho...................... 1,500,000
Eutaw, Alabama Bridge Reconstruction.................... 500,000
Flat Road Bridge, Pennsylvania.......................... 500,000
Flint River Bridge, Albany, Georgia..................... 1,000,000
Gill Montague Bridge, Massachussets..................... 3,000,000
Gilmerton Bridge, Chesapeake, Virginia.................. 250,000
Golden Gate Bridge Seismic Retrofit, California......... 5,000,000
Highway 35 Bridge Repair, near Little River Canyon,
Alabama............................................. 800,000
Hoover Dam Bypass Bridge, Arizona....................... 10,000,000
I-10 Bridge Widening at Ray Road, Arizona............... 1,000,000
I-40 Oklahoma City Cross Town Expressway................ 10,000,000
I-75 bridge upgrades for capacity improvements, Florida. 1,500,000
Indian River Inlet Bridge Replacement, Delaware......... 5,000,000
Interstate 35-E at CSAH 14 in Lino Lakes, Minnesota..... 250,000
Interstate 74 Bridge, Bettendorf, Iowa.................. 1,100,000
Joachim Avenue Bridge Replacement, Missouri............. 2,500,000
Juneau bridge repair and upgrade, Alaska................ 1,800,000
LA 143-US 165 Connector/Ouachita River Bridge, Louisiana 1,500,000
Leeville Bridge, Lafourche Parish, Louisiana............ 1,000,000
Louisiana Department of Transportation.................. 1,000,000
Lowell Street Bridge, Somerville, Massachussets......... 2,000,000
Matthews Bridge Replacement, Florida.................... 1,500,000
McBaine Bridge Replacement, Missouri.................... 850,000
Meridian Bridge, Yankton, South Dakota.................. 4,000,000
Missisquoi Bay Bridge, Vermont.......................... 1,500,000
Naknek Bridge, Alaska................................... 3,000,000
National Covered Bridge Program......................... 2,000,000
NM467 Highway Overpass, New Mexico...................... 1,000,000
North-South Wacker Drive Reconstruction, Chicago,
Illinois............................................ 5,000,000
Ohio River Bridges, Kentucky............................ 2,000,000
Old Central Bridge in Pickens County, South Carolina.... 200,000
Old Town-Milford Bridge, Maine.......................... 2,000,000
Rancho Cucamonga I-15 Base Line Road Interchange,
California.......................................... 500,000
Reconstruction of Multorpor Overpass at Highway 26,
Oregon.............................................. 2,500,000
Removal of old Jamestown Bridge, Rhode Island........... 3,000,000
Replacement of Waldo-Hancock Bridge, Maine.............. 1,000,000
Route 17/Essex Street Bridge Replacement, Bergen County,
New Jersey.......................................... 2,000,000
Scioto River Bridges Replacements, Columbus, Ohio....... 1,000,000
Seventh Street Bridge Reconstruction--Port Huron,
Michigan............................................ 500,000
SR-520 Bridge Replacement and HOV Project, Washington... 1,000,000
SR-6, Bridge Replacement Project, Pacific County,
Washington.......................................... 1,000,000
Star Landing Railroad Underpass, Southaven, Mississippi. 2,000,000
State Hwy. 32 (Claude Allouez Bridge, DePere), Wisconsin 1,000,000
Sutton Road Bridge, Pennsylvania........................ 500,000
Topeka Boulevard Bridge, Kansas......................... 850,000
US 220-Business Bridge Replacement, Virginia............ 400,000
US 34 Missouri River Bridge, Mills County, Iowa......... 500,000
Upgrade Route 141 from I-64 to Route 340, Missouri...... 800,000
Federal Lands
Within the funds available for the federal lands program,
funds are to be available for the following projects and
activities:
Project Name Amount
14th Street Bridge Improvements, Virginia............... $1,250,000
Access Road Planning--Big Gem Park/Shenandoah, Virginia. 60,000
Alaska Trail Initiative................................. 4,000,000
Amherst County River Walk Trail, Virginia............... 500,000
Beale Air Force Base access road improvements,
California.......................................... 1,000,000
Bear River Access Road, Utah............................ 2,000,000
Cape Cod Seashore Eastham/Dennis Bike Trail Repair,
Massachussetts...................................... 1,200,000
City of Palm Harbor Safety and Access Program........... 700,000
City of Rocks Back Country Byway, Stage 3, Idaho........ 1,000,000
City of Rocks Back Country Byway, Stage 3, Idaho........ 3,000,000
City of Treasure Island Harbor Safety and Access Program 450,000
Doyle Drive Replacement Project, California............. 1,000,000
Enumclaw Welcome Center, Washington..................... 1,000,000
Fort Campbell Cole Road Widening, Kentucky.............. 2,000,000
Fort Peck Reservoir Fishing Access Roads, Montana....... 5,000,000
Frederick Douglass Bridge, Washington, DC............... 4,500,000
Golden Gate National Park Conservancy................... 1,000,000
Grand Teton National Park pathway system, Wyoming....... 4,000,000
Hoover Dam Bypass Boulder City Extension, Nevada........ 1,000,000
I-25/NM 556 Interchange, Pueblo of Sandia, New Mexico... 500,000
I-5/116th Street NE Interchange Improvements, Tulalip
Tribe, Washington................................... 1,000,000
IH20-Dyess AFB Access Project, Texas.................... 750,000
Kentucky Scenic Byways.................................. 1,000,000
Lake Mead Parkway/Lake Las Vegas Gateway................ 1,000,000
Leelanau County Road Commission, Michigan............... 300,000
Lone Pine Dam Road, Arizona............................. 2,500,000
Louis Reef Road and Boswick Lake Road, Alaska........... 1,500,000
Lowell Riverwalk, Massachusetts......................... 1,000,000
M-6 Paul Henry Trail construction, Michigan............. 1,000,000
Marin Parklands/Muir Woods Visitor Access, California... 1,278,000
Marysville Road Construction Project, Montana........... 3,000,000
MD 4, Suitland Parkway, Maryland........................ 3,750,000
Missisquoi Wildlife Refuge Federal Lands Project,
Vermont............................................. 500,000
Needles Highway/NV Improvements, California............. 500,000
OR 140, Lake County, Oregon............................. 500,000
OR 140, Lake County, Oregon............................. 400,000
Palm Coast Trail System, Flagler County, Florida........ 1,000,000
Pine Springs Road N9010, Arizona........................ 1,000,000
Port of Stockton Daggett Road, California............... 1,000,000
Preston North & South, Nebraska......................... 700,000
S-323 Alzada-Ekalaka, Montana........................... 3,000,000
Serpentine Hot Springs Road, Bering Land Bridge National
Park, Alaska........................................ 1,000,000
SH 145--Dolores to Stoner, Colorado..................... 500,000
Silvio Conte National Fish & Wildlife Refuge Educational
Outreach Center, Norwich, Vermont................... 1,000,000
South Palm Canyon Drive Phase 2, California............. 1,582,000
SR 160 Blue Diamond Highway Widening--Valley View to
Rainbow Clark County, Nevada........................ 5,000,000
SR-92, I-15 to 1200 East, Lehi, Utah.................... 750,000
Statewide Improvements to Federal Lands, Hawaii......... 4,000,000
Summit Valley Road, San Bernardino County, California... 1,000,000
Swinomish Tribe Marina Project, Washington.............. 2,000,000
Timucuan Preserve Bike Trail, Florida................... 1,000,000
Turtle Mountain Access Road to Ojibwa Indian School,
North Dakota........................................ 1,000,000
USMC Heritage Center Access, Virginia................... 500,000
Valles Caldera National Preserve, New Mexico............ 1,250,000
Vermont Civil War Monument in Virginia.................. 200,000
Interstate Maintenance Discretionary
Within the funds available for the interstate maintenance
discretionary program, funds are to be available for the
following projects and activities:
Project Name Amount
I-15, SR-92 to University Parkway, Utah County, Utah.... $1,000,000
34th Street Corridor/I-94 Interchange, Moorhead,
Minnesota........................................... 4,000,000
Clark County Beltway (I-215) Interchanges project,
Nevada.............................................. 1,000,000
Cocke County Tennessee I-40 Connector Roads, Tennessee.. 1,000,000
Coweta County Noise Barrier, Georgia.................... 750,000
Exit 18 Reconstruction, Town of Queensbury, New York.... 1,000,000
Exit 3, I-295 South Portland, Maine..................... 800,000
Harrison County New 184 Interchange, Indiana............ 1,000,000
Heartland Expressway Nebraska........................... 1,000,000
I-10 Riverside Avenue Interchange, California........... 1,250,000
I-12 @ LA 1088 Interchange, St. Tammany Parish, LA...... 500,000
I-15--24th Street Interchange, Ogden, Utah.............. 500,000
I-15 North & Commuter Rail Coordination, Utah........... 2,500,000
I-20 Interchange at Hawkins Crossing, Lauderdale County,
Mississippi......................................... 250,000
I-205, Oregon........................................... 1,000,000
I-215/Barton Road Interchange Improvements, California.. 2,000,000
I-25 through Colorado Springs, Colorado................. 750,000
I-253/US-54 & I-235/Central Ave. Interchanges, Kansas... 3,000,000
I-29 Northbound Reconstruction, North Dakota............ 2,000,000
I-30 Dallas Construction of Bridge, Trinity River, Texas 500,000
I-35 Interchange, Thackerville, Oklahoma................ 1,000,000
I-40 and Morgan Road Interchange Improvements, Oklahoma
City, OK............................................ 500,000
I-40 Oklahoma City Cross Town Expressway................ 5,000,000
I-5 Blaine Exit Interchange, Whatcom County, Washington. 2,500,000
I-5 South HOV Lane, Phase 1, California................. 500,000
I-5/SR 18 Interchange Reconstruction, Washington........ 1,000,000
I-55 Sound Barrier, Darien, Illinois.................... 1,400,000
I-580/Meadowood Complex Improvements, Reno, Nevada...... 1,000,000
I-635/Van de Populier Road Interchange, Missouri........ 5,000,000
I-64 from IL 157 to Lincoln Trail at O'Fallon, Illinois. 1,000,000
I-66/Route 29 Interchange, Gainesville, Virginia........ 250,000
I-695, Baltimore Beltway N/E, Maryland.................. 1,000,000
I-70 at SH 58 Interchange Reconstruction, Colorado...... 1,500,000
I-70 Improvement Project, Maryland...................... 5,000,000
I-70 Tunnel Improvements, C-470 to Glenwood Springs,
Colorado............................................ 2,000,000
I-75 in Rockcastle County, Kentucky..................... 1,000,000
I-75 Interchanges Preliminary Engineering and
Environmental Impact Study Project, Ohio............ 1,000,000
I-75/I-475 North Interchange, Ohio...................... 1,000,000
I-76 between Ft. Morgan and Brush, Colorado............. 1,000,000
I-76 Northeast Gateway, Colorado........................ 1,500,000
I-79 Parkway West missing ramps and widening,
Pennsylvania........................................ 2,000,000
I-80 Freight Corridor Improvements, Wyoming............. 500,000
I-93 Interchange, Massachusetts......................... 2,000,000
I-94 Safety near Benton Harbor and St. Joseph, Michigan. 100,000
I-95 and Route 20 Interchange modification, Waltham,
Massachussets....................................... 2,000,000
I-96 Beck and Wixom Road Interchange, Michigan.......... 1,000,000
IH 30-IH 635 Interchange, Texas......................... 1,000,000
Interchange on I-35 at Lone Elm Road, Olathe, Kansas.... 1,000,000
Interstate 10--Cypress Avenue Overcrossing, California.. 500,000
Interstate 280 Interchange Improvements, New Jersey..... 1,000,000
Interstate 430/630: Interchange Modification, Arkansas.. 1,000,000
Interstate 5 and Interstate 8 Connector, California..... 1,200,000
Interstate 80 at Fernley, Nevada........................ 500,000
Interstate 94/43/794 Marquette Interchange, Milwaukee,
Wisconsin........................................... 5,000,000
LA37/US 190 Connector (Central Thruway), Louisiana...... 1,250,000
Laval Road Interchange at Interstate 5, California...... 1,000,000
Manslick Road feasibility study, Kentucky............... 300,000
Pennsylvania Turnpike/I-95 Interchange Project,
Pennsylvania........................................ 500,000
Phase 2 of I-520, Palmetto Parkway in Aiken County,
South Carolina...................................... 1,000,000
Pineda Causeway Interchange at I-95, Florida............ 1,200,000
Port of Houston Barbours Cut Boulevard, Texas........... 1,500,000
Rehabilitiation of Interstate I-195, Rhode Island....... 1,000,000
Replacement of Washington Bridge, Rhode Island.......... 1,000,000
Routes I-295/42/I-76 Direct Connection, New Jersey...... 1,250,000
SR 54/I-75 Interchange in Pasco County.................. 1,500,000
Turnpike Improvements, Delaware......................... 5,000,000
Valleydale Road Widening, Alabama....................... 4,000,000
Widening of exit ramp I-265 and I-65, Kentucky.......... 750,000
Bureau of Transportation Statistics
The conferees provide $31,000,000 for the Bureau of
Transportation Statistics under the FHWA appropriation.
Consistent with both House and Senate language, the conference
agreement limits BTS full time positions to 136. Within the
funds provided, the conferees direct $400,000 for BTS to
administer section 5402 of title 39, United States Code.
Federal-Aid Highways
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides liquidating cash
appropriation of $35,000,000,000 for the federal-aid highways
program as proposed by both the House and the Senate.
Federal-Aid Highways
(HIGHWAY TRUST FUND)
RECISSION
The conference agreement includes a rescission of
$520,277,000 of funds in unobligated contract authority
balances from Federal-aid highway program funds.
Federal-Aid Highways
EMERGENCY RELIEF PROGRAM
(INCLUDING RESCISSION)
(HIGHWAY TRUST FUND)
The conferees provide $741,000,000 to fund the backlog of
requests for damage repairs necessary due to disasters. The
current funding requirements far exceed the annual
authorization of $100,000,000 for the emergency relief program,
and this amount will fully fund the existing backlog of
requests. This section also rescinds $741,000,000 in
unobligated contract authority balances from Federal-aid
highway funds.
Appalachian Development Highway System
The conference agreement provides $80,000,000 for the
Appalachian Development Highway System (ADHS), and shall be
allocated as follows: $15,000,000 for Kentucky Corridors;
$5,000,000 for Tennessee Corridor S; $5,000,000 for Mississippi
Corridor V; $15,000,000 for West Virginia Corridor H;
$25,000,000 for Alabama Corridor X and X-1, $7,000,000 for
Tennessee Corridor J; $4,000,000 for Alabama Corridor V; and
$4,000,000 for New York Corridor T.
General Provisions--Federal Highway Administration
The conference agreement includes a provision (Sec. 110)
that modifies the distribution of Federal-aid highway
obligation limitation proposed by the House and Senate.
The conference agreement includes a provision (Sec. 111)
that allows funds received by the Bureau of Transportation
Statistics from the sale of data products to be credited to the
Federal-aid Highways account, as proposed by both the House and
Senate.
The conference agreement includes a provision (Sec. 112)
that clarifies that BTS is to administer activities under
section 5402 of title 39, United States Code.
The conference agreement includes a provision (Sec. 113)
that modifies a House provision amending public laws to allow
changes to projects in Massachusetts, New Jersey, Michigan,
Utah, and California.
The conference agreement includes a provision (Sec. 114)
relating to highway signs, as proposed by the House.
The conference agreement includes a provision (Sec. 115)
that amends section 115, division F, title 1 of P.L. 108-199,
as proposed by the House and Senate.
The conference agreement includes a provision (Sec. 116)
that modifies a provision in the House bill and provides
$5,000,000 from balances made available under section
104(a)(1)(A) of title 23, U.S.C. to carry out environmental
streamlining activities.
The conference agreement includes a provision (Sec. 117)
that modifies a Senate provision relating to an administrative
take-down, and set-aside funding for Delta Regional Authority
and National Highway Traffic Safety activities. The Secretary
of Transportation must submit a spend plan regarding Delta
Regional Authority funding to both the House and Senate
Committees on Appropriations before funds are distributed or
obligated. The remaining amounts shall be distributed for the
following purposes:
Project Name Amount
101st Street Corridor Widening.......................... $500,000
126th Street, Hamilton County, Town of Fishers, Indiana. 3,000,000
12th Street Viaduct, Missouri........................... 500,000
13th East in Sandy City, Utah........................... 1,500,000
17 Mile Road on Wind River Indian Reservation, Wyoming.. 4,500,000
171st Street reconstruction, East Hazel Crest, Illinois. 400,000
26th Street Extension--Philadelphia Naval Business
Center, Pennsylvania................................ 4,000,000
4 Lane U.S. 68, 31W to Transpark Entrance on U.S. 68,
Kentucky............................................ 2,000,000
40th Street Revitalization Project, Florida............. 1,250,000
67th Street Pedestrian Underpass, Chicago Lakefront,
Illinois............................................ 400,000
95th Street/Dan Ryan Intermodal Improvements............ 1,000,000
9th Street Bridge, NE over New York Ave................. 500,000
A-B Street NW Corridor Connector, Auburn, Washington.... 1,000,000
Access to Ebenezer Swamp Wetlands Interpretative Center,
Alabama............................................. 225,000
Addition of Eggerts Crossing storm drains, New Jersey... 200,000
Adriaen's Landing, Hartford, Connecticut................ 9,000,000
Akutan Road, Alaska..................................... 1,500,000
Alabama State University, Alabama....................... 250,000
Alaskan Way Viaduct and Seawall Replacement, Seattle,
Washington.......................................... 1,000,000
Alle-Kiski Connector Bridge, Pennsylvania............... 2,500,000
Almaden Express Pedestrian Overcrossing, San Jose,
California.......................................... 500,000
Altus Falcon Road Improvements, Oklahoma................ 500,000
Altus Falcon Road Improvements, Oklahoma................ 750,000
American Parkway Project, Pennsylvania.................. 1,000,000
Anderson, IN Rail Study, Indiana........................ 1,000,000
Angels Flight, Los Angeles, California.................. 200,000
Ann-Arbor-Detroit Commuter Rail......................... 1,500,000
Aroostook North-South Highway, Maine.................... 1,000,000
Arthur Avenue Retail Market, New York................... 1,000,000
Asheville River Way Project, PE and Design, North
Carolina............................................ 600,000
Asphalt Institute Research, University of Kentucky...... 500,000
Atlantic Avenue Design/Right of Way project, New York... 600,000
Atlantic Avenue Extension, New York..................... 1,250, 000
Aucilla River Bridge.................................... 1,000,000
Avalon Boulevard Expansion Project, Florida............. 1,000,000
Avenue T Restoration Project, Winter Haven, Florida..... 600,000
Avery Parkway Interchange at Interstate 5, California... 1,000,000
Balch Road, Madison, Alabama............................ 1,500,000
Barber Street, Wilsonville, Oregon...................... 500,000
Battlefield Parkway expansion, Virginia................. 1,000,000
Beall Avenue Economic Redevelopment Project, Ohio....... 1,500,000
Bellevue Access Downtown Project, Washington............ 1,500,000
Bellevue Access Downtown, Phase Two, Washington......... 500,000
Bellingham San Juan Boulevard, Washington............... 1,000,000
Belmont Ave Gateway Community Enhancement Project....... 350,000
Belmont Infrastructure and Streetscape Improvement,
North Carolina...................................... 1,250,000
Berkeley Springs Streetscape, West Virginia............. 200,000
Bikeways and Walkways, Santa Fe, New Mexico............. 1,000,000
Billings North Bypass Project, Montana.................. 5,000,000
Blackstone River Bicycle Facility--Segment 4A, Rhode
Island.............................................. 500,000
Blackstone River Valley National Heritage Corridor
Roadway Improvement Program, Rhode Island........... 3,000,000
Boot Key Bridge Rehabilitation Project, Florida......... 500,000
Bouldercrest Road Improvements, Georgia................. 500,000
Braves Avenue, City of Gladstone, Michigan.............. 370,000
Bridge Replacement on SR-54, Wisconsin.................. 500,000
Briggs-DeLaine-Pearson Connector, South Carolina........ 2,500,000
Bring Back Broad Street Initiative, Alabama............. 1,000,000
Bristol Street Multi-Modal Corridor, California......... 750,000
Broadway Bridge, Colorado............................... 1,200,000
Bronx Zoo Access Improvement, New York.................. 750,000
Brooklyn Chamber of Commerce's Light-rail study, New
York................................................ 300,000
Brooklyn Public Library/Grand Army Plaza, New York...... 700,000
Buffalo Bayou--San Jacinto Corridor Improvements........ 500,000
Building Access Improvements, University of Florida..... 1,000,000
Bullock County Industrial Park Access Road, Alabama..... 750,000
Byram-Clinton Norrell Corridor, Mississippi............. 3,800,000
C-470 and Santa Fe (US 85) Interchange, Colorado........ 1,000,000
California University Pennsylvania Urban MAGLEV......... 2,500,000
Camp Steet upgrades, East Peoria, Illinois.............. 2,000,000
Campbell Avenue Gateway Corridor, Tucson, Arizona....... 500,000
Campbelltown Connector and US 322 Improvement Project,
Pennsylvania........................................ 1,000,000
Canton Junction Commuter Rail Station, Massachusssets... 50,00
Capacity Improvements on I-75 Corridor in SW Florida.... 1,000,000
Cape Cod Hyannis Gateway, Massachussets................. 382,000
Cape Girardeau I-55 Corridor, Missouri.................. 100,000
Cape Girardeau/Fountain Street downtown revitalization,
Missouri............................................ 500,000
Caraway Overpass Project, Jonesboro, Arkansas........... 1,000,000
Central Link Westchester Avenue to East Tremont, New
York................................................ 750,000
Central Riverfront Street Grid: Theodore Berry Way,
Cincinnati, Ohio.................................... 500,000
Central Susquehanna Valley Transportation Project,
Pennsylvania........................................ 2,000,000
Cermak and Kenton Avenues, Illinois..................... 1,000,000
CETAP Corridor, Riverside and Orange counties,
California.......................................... 2,000,000
Cherry Avenue Interchange and Bypass, Kearney, Nebraska. 500,000
Cherry-Bancroft-Summit Corridor Neighborhood Business
District Revitalization, Toledo, Ohio............... 250,000
Chesapeake Bypass, Lawrence, Ohio....................... 1,250,000
Cheyenne Corridor Safety Improvement Project, Idaho..... 2,000,000
Chickasaw Museum and Cultural Center, Mississippi....... 1,150,000
Chippewa Falls, WI-Seymour Cray Sr. Blvd Extension...... 2,000,000
Chocorua Village Intersect Improvement Project, New
Hampshire........................................... 200,000
Choctaw Roads, Mississippi.............................. 2,750,000
Choudrant I-20 Service road, Louisiana.................. 1,000,000
Cicero Ave. Lighting in University Park, Illinois....... 200,000
City of Beloit Gateway Boulevard Project, Wisconsin..... 1,000,000
City of Brownsville West Rail Relocation Project, Texas. 1,750,000
City of Clearwater Bike Path, Florida................... 500,000
City of Clearwater Safety and Access Program, Florida... 3,000,000
City of Cohoes Transportation Enhancement Program, New
York................................................ 500,000
City of Fort Worth Corridor Redevelopment, Texas........ 2,000,000
City of Lincoln Antelope Valley Project Transportation
Improvements, Nebraska.............................. 2,000,000
City of Lincoln South Beltway, Nebraska................. 3,000,000
City of Nanticoke Parking and Economic Development
Project, Pennsylvania............................... 500,000
City of Omaha Widening/Improvements to Q Street from
157th Street to 204th Street, Nebraska.............. 3,000,000
City of Poughkeepsie Waterfront Restoration, New York... 750,000
City of Radcliff Public Walkway Improvements, Kentucky.. 475,000
City of Reading, Pennsylvania........................... 500,000
City of Riverside, Grade Separations, California........ 1,000,000
City of Somerville Urban Streetscape and Adaptive Reuse
Plan, Massachusetts................................. 1,000,000
City of St. Petersburg Bike Path, Florida............... 600,000
City of St. Petersburg, Gandy Boulevard Widening,
Florida............................................. 4,000,000
City of Sweetwater Transportation Improvements, Florida. 500,000
City of Tampa, 40th Street Revitalization Project,
Florida............................................. 3,000,000
City of Wyandotte Eureka Street Lighting, Michigan...... 238,000
Clarke County Economic Development Initiative, Alabama.. 750,000
Classic Drive Access Road Hattiesburg, Mississippi...... 2,500,000
Clay Street Reconstruction, New Jersey.................. 500,000
Clifton Corridor Urban Transit Link Study, Georgia...... 500,000
Clinton Township Hike/Bike Pathway, Michigan............ 500,000
Coalfields Expressway--McDowell and Wyoming Counties,
West Virginia....................................... 12,000,000
Cobblestone Landing Restoration, Memphis, Tennessee..... 1,000,000
Cole Street Bridge Replacement, Rhode Island............ 300,000
College of Southern Idaho Student Safety Initiative,
Idaho............................................... 530,000
Coltsville Corridor Development, Connecticut............ 3,000,000
Columbia Pike Improvements, Virginia.................... 1,250,000
Columbia Point South Road Improvements, Richland,
Washington.......................................... 1,000,000
Connecting Road from the Higher Ed Center to I-64, West
Virginia............................................ 750,000
Connector Road between the newly relocated State Route
1045 and Saint Vincent College, Latrobe,
Pennsylvania........................................ 2,000,000
Construct noise walls along I-264 ad I-64 in the
vicinity of the communities of Avondale and St.
Regis Park.......................................... 200,000
Construction of a Rail Corridor in Wichita, Kansas...... 4,000,000
Construction of access roads at Skiatook Lake, Oklahoma. 350,000
Convention Center Turnaround, Massachusssets............ 1,000,000
Cooley Road Interchange, Oregon......................... 1,000,000
Council Bluffs East Beltway, Iowa....................... 3,500,000
County Highway 81/200th St. Reconstruction, Minnesota... 250,000
County Highway GG from Mellen south to English Lake
Road, Wisconsin..................................... 700,000
County Road 17 Corridor, Indiana........................ 750,000
Courthouse District Transportation Improvements, Oregon. 5,000,000
Covina Station Undercrossing, California................ 500,000
Cox Road Bridge in Anderson County, South Carolina...... 300,000
CR 113--Big Ridge Road--Town of Ogden, New York......... 1,000,000
CR 251 Mill Road, NY Route 261 to North Avenue, New York 2,000,000
CR 486 Improvement Project.............................. 500,000
Crooks Road Widening and Resurfacing, Michigan.......... 360,000
Cross Base Highway (Pierce County), Washington.......... 1,500,000
Crystal Lake Mitigation Project, New Hampshire.......... 1,000,000
CSAH 24 Interchange at US 52 in Cannon Falls, Minnesota. 250,000
CSX Bridge Enhancement, Gadsden, Alabama................ 500,000
Cuming Street Improvement Project, Nebraska............. 1,000,000
Curry County Road Improvements, New Mexico.............. 2,350,000
Dallas I-30 Replacement Bridge, Texas................... 8,000,000
Dekalb County School Bicycle and Pedestrian Safety,
Georgia............................................. 500,000
Des Moines Beach Park and North Marina Entrances
Improvements, Washington............................ 230,000
Des Moines East West Connector, Iowa.................... 5,000,000
Des Moines Riverwalk, Iowa.............................. 2,000,000
Des Plaines, Illinois alley, sidewalk improvements,
Illinois............................................ 1,000,000
Detroit Center City Loop, Michigan...................... 1,000,000
Diamond Exchange at Perry Road and I-540, Rogers,
Arkansas............................................ 4,000,000
Dismal Swamp Trail--City of Chesapeake, Virginia........ 1,500,000
Dismal Swamp Trail, Virginia............................ 250,000
Donald Lane/Industrial Park Road/Elton Road Improvement,
Pennsylvania........................................ 2,000,000
Douglas County Highway 92 Relocation and Widening,
Georgia............................................. 1,000,000
Downtown pedestrian infrastructure, Ashland, Wisconsin.. 2,000,000
Downtown Revitalization Pleasant Street, Malden,
Massachussets....................................... 2,000,000
Downtown Revitalization, Town of Clarkstown, New York... 250,000
Downtown Springfield Streetscape Improvements, Missouri. 250,000
Downtown Streetscape Project, Russellville, Alabama..... 400,000
Downtown Transportation Improvements, Indiana........... 1,500,000
Downtown Wilkes-Barre Revitalization Project,
Pennsylvania........................................ 1,250,000
Draper's Corner Safety Improvements--Claremont, New
Hampshire........................................... 750,000
Dudley Road (Route 101) Templeton, Massachussets........ 2,880,000
Durant US 69/75 Rodeo Road Bridge Improvements, Oklahoma 700,000
Durham and Chatham Counties Greenway Project, North
Carolina............................................ 1,000,000
Duval Street and Truman Annex Improvements, Florida..... 500,000
Eagan Ring Road, Minnesota.............................. 1,000,000
Eason Bridge, Tupelo, Mississippi....................... 1,000,000
East 7th St Corridor Improvements Austin, Texas......... 1,250,000
East Flagstaff Interchange, Arizona..................... 300,000
East Milton Square Parking Deck, Massachusssets......... 1,000,000
East Orange County Trailway System, Florida............. 500,000
East Reed Road Conversion Project in Anderson, SC....... 1,000,000
East Washington Avenue Reconstruction, Wisconsin........ 1,000,000
East-West Corridor, Alabama............................. 15,000,000
Edgewood Road SW Viaduct, Cedar Rapids, Iowa............ 250,000
Edgewood/Fairplains Street construction, Walnut Street
Construction and Industrial Park Drive Resurfacing,
Greenville, Michigan................................ 1,000,000
Eleven Mile Road Reconstruction, Michigan............... 1,250,000
Elizabeth Avenue Redevelopment, Charlotte, North
Carolina............................................ 500,000
Elliot Avenue and BNSF Crossing Path Improvements,
Seattle, Washington................................. 1,000,000
Emergency Safety Enhancements for Water Taxis, Maryland. 250,000
Emergency Services Access, Texas........................ 4,000,000
Enterprise South Industrial Park Connector Road, New
York................................................ 2,500,000
Essex Junction, VT Redevelopment, Vermont............... 500,000
Expansion of the Interstate HWY 10, Crowley, Acadia
Parish, Louisiana................................... 600,000
Fairfax County Trail improvements in Great Falls,
Virginia............................................ 1,000,000
Fairmont Gateway Connector System, West Virginia........ 6,000,000
Fayette County Business Park roads, Pennsylvania........ 1,000,000
Fegenbush Lane, Kentucky................................ 1,000,000
Fiery Gizzard Trail, Tennessee.......................... 2,000,000
Fifth Street Connector Bridge Study, Georgia............ 2,000,000
Fire Station Road Bridge in Anderson County, South
Carolina............................................ 184,000
Fix Townline Road, Town of Huntington, New York......... 300,000
Fix West Shore Road, Town of Huntington, New York....... 1,000,000
FLL Airport Terminal Roadways, Florida.................. 500,000
FM 1431 East Improvement Project in Cedar Park, Texas... 1,000,000
FM 60 University Drive Project, College Station, Texas.. 1,000,000
Fort Edward Industrial Park Entrance Design, New York... 80,000
Fort Worth Peach Street Area Access Improvements, Texas. 1,750,000
Four Lane Arterial Connector in Alachua County, Florida. 3,000,000
Fox Ridge Road, Cheyenne River Indian Reservation, South
Dakota.............................................. 2,500,000
Friant Corridor Improvements, California................ 500,000
Fulton Avenue/Lloyd Expressway Project, Evansville,
Indiana............................................. 4,000,000
Fulton County Highway 6, Illinois....................... 1,000,000
Fulton Road Bridge Project, Ohio........................ 2,000,000
Galena road resurfacing, Alaska......................... 1,500,000
Garden Parkway in Gaston and Mecklenburg Counties, North
Carolina............................................ 1,000,000
Gary Green Link Trail, Indiana.......................... 1,000,000
Georgetown Pass, Kentucky............................... 1,000,000
Girl Scouts Golden Valley Council bridge project,
California.......................................... 150,000
Glacier National Park Going to the Sun Road, Montana.... 5,000,000
Gladding Road Overcross, California..................... 350,000
Grade Crossing Improvements at Ramona Boulevard,
California.......................................... 700,000
Grade separation, Union Pacific Rail Bypass at Union
Junction, Colorado.................................. 500,000
Grand Avenue Rehabilitation Project, California......... 1,000,000
Grand River Avenue, City of Novi, Michigan.............. 500,000
Graycliff Public Access Enhancement, Erie County New
York................................................ 400,000
Greenville County Bridges, South Carolina............... 1,750,000
Greenways Expansion and Improvements Project, North
Carolina............................................ 1,500,000
Hagatna River Flood Mitigation Bridge Improvement, Guam. 500,000
Hancock Shaker Village Buffer and Trail System,
Massachussets....................................... 215,000
Hanover County Planning Study, Virginia................. 100,000
Harden Street, South Carolina........................... 1,000,000
Harlingen/West Cameron County Rail Relocation, Texas.... 2,800,000
Harrison County Multi-Modal Freight Connector,
Mississippi......................................... 250,000
Hartville Lake Township Traffic Congestion Study, Ohio.. 1,000,000
Haywood Road/ Ammunition Plant Access, Oklahoma......... 1,000,000
Healdsburg Pedestrian and Bicycle Path, California...... 1,250,000
Heartland Expressway, South Dakota...................... 2,000,000
Henry County transportation enhancements, Alabama....... 200,000
Hidalgo County Loop, Texas.............................. 500,000
High Bridge Rehabilitation Project, New York............ 1,000,000
High Line Project, New York City, New York.............. 1,000,000
Highway 101 Corridor Widening Project, California....... 1,000,000
Highway 149 Overpass and Upgrade, Richland, Mississippi. 600,000
Highway 165 Rail Grade Separation Stuttgart, Arkansas... 1,000,000
Highway 20 between Fort Dodge and Moorland, Iowa........ 2,000,000
Highway 21, Jefferson County, Missouri.................. 500,000
Highway 22 from Vicksburg to Canton, Mississippi........ 1,000,000
Highway 25-US 84 Connector, Mississippi State........... 1,350,000
Highway 289 in Grayson County, Texas.................... 750,000
Highway 36/McKnight Road Interchange, Minnesota......... 750,000
Highway 45 Bypass, Columbus, Mississippi................ 1,000,000
Highway 57, Jackson County, Mississippi................. 750,000
Highway 71: Louisiana State Line--Doddridge, Arkansas... 750,000
Highway 92 Study in Warren County, Iowa................. 500,000
Hillsborough County: I-4 Crosstown Connector, Florida... 2,500,000
Hively Avenue Underpass, City of Elkhart, Indiana....... 250,000
Hoboken Waterfront Walkway, New Jersey.................. 1,000,000
Hoeven Corridor/Outer Drive Project, Sioux City, Iowa... 2,000,000
Holly Springs Road, DeSoto County, Mississippi.......... 1,650,000
Holmdel; road improvements to reduce flooding, New
Jersey.............................................. 100,000
Homer-Halibut Cove--Jakolof Bay--Seldovia Ferry, Alaska. 6,000,000
Hooksett Highway Reconstruction and Upgrade, New
Hampshire........................................... 4,000,000
Hoosier Heartland Corridor, Indiana..................... 1,000,000
Hoosier Heartland Highway, Miami and Huntington
Counties, Indiana................................... 1,000,000
Hopwood Village Streetscape Project, Pennsylvania....... 600,000
Huntsville Five Points Improvement Project, Alabama..... 500,000
Huntsville Southern Bypass/BRAC Access, Alabama......... 2,000,000
I-10 from Interchange of SR 90 to Ocotillo TI, Arizona.. 1,500,000
I-12 at Essen Lane, Baton Rouge, Louisiana.............. 1,500,000
I-15 Reconstruction, Salt Lake County, Utah............. 5,000,000
I-15 (Falchion Road)/State Route 18 Interchange,
California.......................................... 3,000,000
I-210 and Highway 14 Interchange, Lake Charles,
Louisiana........................................... 800,000
I-225 Alameda Bridge, Colorado.......................... 1,000,000
I-225 Yale Overpass, Colorado........................... 750,000
I-225/Colfax/17th Place Interchange, Colorado........... 2,000,000
I-235 Reconstruction, Iowa.............................. 5,000,000
I-25 Reconstruction through Colorado Springs............ 1,688,000
I-290 Cap, Oak Park, Illinois........................... 1,000,000
I-295 Safety and Bridge Improvements, Rhode Island...... 5,000,000
I-30 Bridge, Texas...................................... 1,100,000
I-35 East/I-635 Interchange, Texas...................... 1,500,000
I-39 (STH 29/USH 51 Corridor, Wausau), Wisconsin........ 4,000,000
I-40 Crosstown Project, Oklahoma........................ 1,000,000
I-40 Double Eagle II Airport Access, Albuquerque, New
Mexico.............................................. 3,000,000
I-40 Oklahoma City Cross Town Expressway................ 35,000,000
I-40/I-240 Merge to Choctaw Road in Choctaw, Oklahoma... 1,000,000
I-405 Widening, California.............................. 1,000,000
I-405 Widening, California.............................. 500,000
I-44 Widening from Yale to the Arkansas River and I-44
193rd Interchange, Oklahoma......................... 4,000,000
I-44, Phelps County, Missouri........................... 500,000
I-49 Extension South, Louisiana......................... 1,000,000
I-5 Transportation and Trade Partnership Project,
Southwest Washington................................ 2,000,000
I-5, Salem, Oregon...................................... 2,000,000
I-5, Sorrento Valley Road and Genesee Avenue
Interchange, California............................. 1,500,000
I-5/SR-432 Interchange Modernization, Longview,
Washington.......................................... 2,000,000
I-530 (AR) Extension to I-20 (LA), Arkansas............. 750,000
I-540 and Perry Road Interchange, Rogers, Arkansas...... 1,696,000
I-55 South Nissan Interchange, Mississippi.............. 6,000,000
I-565 Extension, westward from I-65 to Decatur, Alabama. 3,000,000
I-64 and Pocahontas Parkway Connector, Virginia......... 1,000,000
I-65 Interchange Near County Road 222, Cullman, Alabama. 2,000,000
I-66 Northern Bypass of Somerset, Kentucky.............. 4,000,000
I-66 Pike County, Kentucky.............................. 1,000,000
I-66 Somerset to London, Kentucky....................... 2,000,000
I-675 Corridor Improvements, Ohio....................... 2,000,000
I-69 Access Project, Hamilton County, IN................ 2,000,000
I-69 Evansville to Henderson, Indiana................... 500,000
I-69 Evansville to Indianapolis, Southwestern, Indiana.. 750,000
I-69, Louisiana Sections................................ 5,000,000
I-69, Texas............................................. 7,000,000
I-69, Texas............................................. 1,000,000
I-69/SR 304, Mississippi................................ 1,750,000
I-70/State Highway 58 Interchange Reconstruction,
Colorado............................................ 250,000
I-710 Corridor/Gerald Desmond Bridge Gateway Program,
California.......................................... 1,250,000
I-73 Interstate, from the North Carolina state line to
Myrtle Beach, South Carolina........................ 1,000,000
I-73, South Carolina.................................... 3,000,000
I-75/ Austin Road Interchange, Ohio..................... 1,000,000
I-75 at Austin Pike Interchange, Ohio................... 3,000,000
I-75 at Union Grove Rd/CR 65 in Gordon County, Georgia.. 1,000,000
I-75 Improvements in Pembroke Pines, Florida............ 3,000,000
I-75 London, Kentucky................................... 1,000,000
I-75, Mt. Zion Road Interchange in Clayton County,
Georgia............................................. 1,000,000
I-75/Austin Road Interchange, Ohio...................... 1,000,000
I-75/Baldwin Road, Michigan............................. 500,000
I-80 Colfax Narrows Project, Nevada..................... 1,000,000
I-81 Improvements South of I-70 to North of Halfway
Boulevard, Maryland................................. 1,000,000
I-81 Rebuild/Expansion, Pennsylvania.................... 5,000,000
I-84, US-93 IC Stage 2, Twin Falls, Idaho............... 1,000,000
I-84, US-93 IC Stage 2, Twin Falls, Idaho............... 1,000,000
I-85 Widening in Rowan County, North Carolina........... 2,000,000
I-85/Brockman-McClimon Interchange and connections,
South Carolina...................................... 3,000,000
I-87, Exit 11 and 12 Interchange Improvements, New York. 2,000,000
I-93 construction and mitigation, New Hampshire......... 750,000
I-95 Pearl Harbor Mem. Bridge Corridor, New Haven,
Connecticut......................................... 2,000,000
I-95/SC-327 Interchange Improvements, South Carolina.... 1,500,000
I-95/West Virginia Drive Interchange.................... 750,000
I-96/Latson Road, Michigan.............................. 1,000,000
IH-30 at Collins (FM 157) and Center Streets, Texas..... 500,000
Improve Montauk Highway from NY112 to CR101, New York... 1,000,000
Improvements along U.S. 60 at Beargrass Creek, Kentucky. 300,000
Indianapolis Downtown Transportation Improvements,
Indiana............................................. 4,000,000
Industrial Access Road for Industrial Park, Oklahoma.... 200,000
Interchange and Freeway Improvements on US 65, Missouri. 500,000
Interchange at I-65 and Limestone County Road, Alabama.. 1,000,000
Interchange Improvements on US 60, Missouri............. 3,000,000
Interchange/Overpass at K-10 and Lone Elm Road, Kansas.. 2,000,000
Intercounty Connector, Maryland......................... 800,000
Intersection Reconstruction, Winter Park, Florida....... 500,000
Interstate 10/Tippecanoe Interchange, California........ 5,000,000
Interstate 35 East Expansion, Texas..................... 1,000,000
Interstate 49 North, Louisiana.......................... 1,000,000
Interstate 5 Interchange at Coburg Environmental Study,
Preliminary Engineering and Construction, Oregon.... 3,000,000
Interstate 5 State Route 78 Interchange Improvement..... 500,000
Interstate 69--State of Tennessee....................... 4,000,000
Interstate 69: SIU 15, Louisiana........................ 1,000,000
Jamestown 2007--fed lands, Virginia..................... 3,000,000
Jefferson Road in Monroe County, New York............... 500,000
Jenny Lind Road, Fort Smith, Arkansas................... 2,000,000
Johnson Ferry Road/Abernathy greenspace, Georgia........ 1,000,000
Johnson, VT/VT Route 15 Redevelopment, Vermont.......... 2,000,000
K Street off-ramp, Tulare, California................... 1,000,000
K-68 Intersection Improvement Project, Kansas........... 400,000
Kansas-Garrett Connector, Louisiana..................... 500,000
Kapolei City Congestion Mitigation, Hawaii.............. 4,000,000
Kauai Multi-Modal Land Transportation System Study,
Hawai............................................... 800,000
KBS Railroad Hazard Elimination, Kankakee County,
Illinois............................................ 300,000
Kearney I-80/Cherry Avenue Interchange and East Bypass,
Nebraska............................................ 1,120,000
Kenai Peninsula Borough roads, Alaska................... 5,000,000
Kendall Square Urban Streetscape & Pedestrian
Improvements, Massachusetts......................... 750,000
Keystone Drive (Soldotna), Alaska....................... 500,000
King Coal Highway--Mingo County, West Virginia.......... 15,000,000
King Street and Spring Cannon Corridor Redevelopment in
Charleston, SC...................................... 1,000,000
King-Graves Road Improvements for YARS, Vienna, Ohio.... 1,000,000
Kirby Drive Project, City of Pearland, Texas............ 2,800,000
Kotzebue road improvements, Alaska...................... 1,500,000
LA 28 Expansion, Rapides and Vernon Parishes, Louisiana. 2,000,000
La Entrada al Pacifico Feasibility Study, Texas......... 500,000
La Entrada al Pacifico, Texas........................... 2,000,000
La Entrada Southern Route Study, Texas.................. 500,000
LA-1, Port Fourchon to Golden Meadow, Louisiana......... 5,000,000
Lahaina Town Drainage Improvements, Hawaii.............. 4,000,000
Land acquisition for pedestrian trail over George
Washington Memorial Bridge.......................... 1,000,000
LaPorte Highway Improvement Project, Indiana............ 250,000
Lee Highway Improvements, Fairfax City, Virginia........ 500,000
Lewis & Clark Expressway, Missouri...................... 500,000
Lewis and Clark Expressway, Missouri.................... 1,000,000
Lewis and Clark Legacy Trail, North Dakota.............. 1,000,000
Lexington Connector Study, South Carolina............... 600,000
Lincoln Boulevard Improvement Project, California....... 600,000
Lincoln Bypass.......................................... 1,000,000
Lincoln Park Street Improvements, Michigan.............. 1,000,000
Little Eagle and Wakpala Streets on Standing Rock Indian
Reservation, South Dakota........................... 1,000,000
Livernois Road Widening and Improvement, Michigan....... 1,000,000
Lloyd Expressway Upgrade, Evansville, Indiana........... 2,000,000
Lone Elm/I-35 Interchange; Lone Elm Road, Kansas........ 4,750,000
Los Lunas Corridor/Location Study, New Mexico........... 500,000
Louisville Medical Center Development Corporation
Project, Kentucky................................... 500,000
Louisville Waterfront Park Path Improvements, Kentucky.. 3,500,000
Lowell, Massachusetts Canalway, Massachusetts........... 500,000
Lycoming Valley Bridge, Pennsylvania.................... 1,000,000
Lyndale Avenue Bridge, Richfield, Minnesota............. 2,500,000
MacArthur Boulevard Extension, Springfield, Illinois.... 500,000
MacArthur Boulevard widening, drainage, and resurfacing
improvements from NW 50th to NW 60th, Warr Acres, OK 1,000,000
Mack Hatcher Parkway, West, Tennessee................... 1,000,000
Main Street Corridor Intermodal Facility, Texas......... 500,000
Main Street Corridor Revitalization, Texas.............. 750,000
Maple Avenue Improvement Project, Vienna, VA............ 250,000
Maple Road, City of Walled Lake, Michigan............... 500,000
Maritime Domain Awareness Pilot Project, Washington..... 1,100,000
Maritime Fire and Safety Association, Columbia River,
Washington.......................................... 500,000
Marquette Interchange, Milwaukee, Wisconsin............. 5,000,000
Maspeth Chamber of Commerce's Truck Traffic Impact, New
York................................................ 250,000
Matanuska Susitna Borough Pt. McKenzie road
improvements, Alaska................................ 6,000,000
McCaslin/U.S. 36 Interchange, Colorado.................. 500,000
McClellan Road Bridge in Anderson County, South Carolina 248,000
McGregor Road Neighborhood Trails, Waco, Texas.......... 2,000,000
McHenry County/Crystal Lake Road, Illinois.............. 1,000,000
MD 404, Double Hills Road to Sennett Road, Maryland..... 2,000,000
MD 404, Maryland........................................ 1,000,000
Memorial Boulevard, Picayune, Mississippi............... 1,350,000
Memorial Bridge Plaza, North Dakota..................... 1,000,000
Memorial Park II Development and Intersection
Improvements, Massachusetts......................... 500,000
Mesa del Sol, New Mexico................................ 1,250,000
Midwest City Hudiburg Drive Improvements, Oklahoma...... 500,000
Mills Industrial Park, Ohio............................. 4,000,000
Milwaukee Avenue, Grand to Gale, Chicago, Illinois...... 1,250,000
MLK Jr. Parkway, Des Moines, Iowa....................... 2,000,000
Mohawk Trail East Corridor Management Plan,
Massachusetts....................................... 125,000
Mohawk Trail Scenic Byway Historic Preservation,
Massachusetts....................................... 140,000
Mon Wharf Landing reconstruction, Pennsylvania.......... 500,000
Montana/Davis Road, Kansas.............................. 500,000
Monterey Bay Sanctuary Scenic Trail, California......... 400,000
Monticello/White County 6th Street West Shafer Drive,
Indiana............................................. 1,000,000
Morrison Road Corridor, Delaware County, Indiana........ 500,000
Morton Business Development Park........................ 1,200,000
Mount Lebanon Shaker Heritage Center Project, New York.. 600,000
MS 49-MS 7 Connector Road, Greenwood, Mississippi....... 1,500,000
MSU Research, Technology, and Economic Development Park,
Mississippi......................................... 2,500,000
Mt. Sinai Queens, Patient Access Development Project,
New York............................................ 750,000
Mt. Vernon Highway/Old Mill Road reconstruction,
Virginia............................................ 1,000,000
Mt. Washington Road, Cedar Creek Road, and Beulah,
Kentucky............................................ 1,000,000
Muhlneberg Township Route 222 Corridore Initiative,
Pennsylvania........................................ 350,000
Multi Use Recreational Trail in Plantation, Florida..... 500,000
N. Indiana Commuter Transportation District, South Shore
Commuter Rail....................................... 1,500,000
N. Memphis Street District Redevelopment and
Revitalization, Mississippi......................... 750,000
N.W. Lincoln County Regional P.D.A. Industrial Park
Transportation Improvements, Washington............. 170,000
N5063 on the Navajo Nation, Utah........................ 350,000
Nash Road Extension, Missouri........................... 1,000,000
Nassau County, NY HUB................................... 1,500,000
Native American Cultural Center......................... 3,000,000
Neuse River Park Greenway Projects, North Carolina...... 400,000
New Bedford rail infrastructure improvements, New
Bedford, Massachusetts.............................. 1,000,000
Newberg Dundee Transportation Improvements Project,
Oregon.............................................. 1,000,000
Newberg-Dundee Transportation Improvement Project,
Oregon.............................................. 1,250,000
Newtown Pike Extension, Kentucky........................ 2,000,000
Niobrara Scenic River Corridor Roads, Nebraska.......... 3,000,000
Noble Creek Bridge, Beaumont, California................ 3,000,000
Nome Roads, Alaska...................................... 1,000,000
Nonconnah, Tennessee.................................... 500,000
Norfolk West, Nebraska.................................. 2,000,000
North Augusta Riverfront Road Extensions, South Carolina 1,000,000
North B Street Intersection in Pickens County, South
Carolina............................................ 250,000
North Coast Harbor Improvements Dock and Bridge, Ohio... 500,000
North Conway Village Streetscape Project, New Hampshire. 1,000,000
North Delaware River Road, Pennsylvania................. 1,250,000
North Main Street Improvement, Columbia, South Carolina. 1,500,000
North Second Street Corridor Phase I Upgrade, Tennessee. 3,000,000
North Sinatra Drive, New Jersey......................... 700,000
North Sinatra Drive, New Jersey......................... 1,500,000
Northeast 23rd Street between Lincoln and I-35, Oklahoma
City, Oklahoma...................................... 250,000
Northeast Arkansas Connector: relocation of HWY 226..... 5,000,000
Northeast Parkway, El Paso, Texas....................... 1,000,000
Northern Corridor, St. George, Utah..................... 1,000,000
Northside Drive Corridor, Clinton, Mississippi.......... 2,000,000
North-South Highway, Alabama............................ 1,000,000
Notasulga Bridge Replacement, Macon, Alabama............ 350,000
Noxubee National Wildlife Refuge, Mississippi........... 1,300,000
Oak Beach Park Transportation Improvements, New York.... 500,000
Oak Savannah Trail, Indiana............................. 1,500,000
Oglala, SD, Pedestrian/Bicycle Trail.................... 230,000
Ohio River Levee Trail--Phase II-B, Kentucky............ 60,000
Ohio River Levee Trail--Phase III, Kentucky............. 200,000
Oklahoma Medical Research Foundation.................... 1,000,000
Oklahoma University Health Sciences Center.............. 1,000,000
Olana State Historic Site, New York..................... 2,000,000
Old Fannin Road Improvement Project, Completion of phase
II.................................................. 500,000
Old Highway 471 Improvements, Rankin County, Mississippi 2,750,000
Olmstead Trail, Phase I, Kentucky....................... 200,000
Onondaga Creek Streetscape Improvement Project, New York 2,000,000
Orangeburg Railroad Realignment, South Carolina......... 750,000
Otay Mesa/SR 905 Improvements, California............... 2,000,000
Owensboro Riverfront Development Project, Kentucky...... 5,000,000
Oxford, Mississippi Toby Tubby Parkway.................. 350,000
PA 706 Bradford County, Pennsylvania.................... 1,000,000
Pacoima Wash Mountain Bikeway, California............... 1,000,000
Pearl-Richland Intermodal Connector, Mississippi........ 2,750,000
Pennsylvania Turnpike--I-95 Interchange, Pennsylvania... 2,500,000
Phalen Boulevard, St. Paul, Minnesota................... 5,000,000
Pharr International Bridge Improvements, Texas.......... 1,000,000
Pinellas County Mobility Initiative, Florida............ 3,000,000
Pinellas County Trail, Florida.......................... 5,000,000
Pinkham Notch Pedestrian Safety, New Hampshire.......... 150,000
Pinkham's Notch Foot Bridge, New Hampshire.............. 150,000
Planning, location, environmental work, PE for US
Highway 20 Woodbury, Ida and Sac, Iowa.............. 2,000,000
Platte County, Missouri Route 152, Missouri............. 2,000,000
Plough Boulevard Interchange at Winchester Boulevard,
Tennessee........................................... 500,000
Pompton Lakes Downtown Streetscape...................... 650,000
Port Huron Grade Separation, Michigan................... 500,000
Port of Brookings Harbor, Boardwalk Expansion, Oregon... 225,000
Port of Oakland, California Inter-Regional Intermodal
System.............................................. 1,000,000
Port of Ridgefield Grade Crossing Project, Washington... 1,000,000
Port of Vancouver Fruit Valley Bypass/26th Avenue
Extension, Washington............................... 1,000,000
Portage County/grade separation on City Highway J South
of Highway 10....................................... 2,000,000
Ports-to-Plains Del Rio, Texas.......................... 1,000,000
Ports-to-Plains Eagle Pass, Texas....................... 2,000,000
Ports-to-Plains, Texas.................................. 2,000,000
Prattville Park and Creek Walk, Alabama................. 300,000
Project Design for Improvements to Refugio Road,
California.......................................... 360,000
Prospect Bridge, Houma, Louisiana....................... 500,000
Providence Infrastructure and Streetscape Improvements,
Rhode Island........................................ 426,000
Pyramid Highway Corridor, Nevada........................ 6,000,000
Queens Plaza Rebuilding Project, Queens, New York....... 1,000,000
Quinnipiac River Linear Trail, Connecticut.............. 500,000
R Street Development Project, California................ 1,500,000
Rail Access Corridor Enhancements--Reno, Nevada......... 1,000,000
Railroad bridge project, Mannford, Oklahoma............. 750,000
Railroad Relocation Project, Colorado................... 2,000,000
Rails to Trails and Florida Street Revitalization
Program, West Virginia.............................. 800,000
Re-align Day Street, Wisconsin.......................... 350,000
Rebuilding of I-25/Broadway and Alameda Interchanges,
Colorado............................................ 3,300,000
Reconstruct West Main Street in Waterbury, Connecticut.. 250,000
Reconstruction and additional lanes to SH 9 from
Tecumseh to Seminole, OK............................ 1,000,000
Reconstruction and Capacity Addition to US 270 from
Seminole to Wewoka, Oklahoma........................ 750,000
Reconstruction of 11th Avenue East, Ashland, Wisconsin.. 1,600,000
Reconstruction of Beaser Avenue, Ashland, Wisconsin..... 1,500,000
Reconstruction of Fulton Street in Cypress Hills, New
York................................................ 1,000,000
Reconstruction of K-99 in Elk/Greenwood County, Kansas.. 1,000,000
Reconstruction of Kickapoo Road in Shawnee, OK from I-40
to Wolverine Road................................... 750,000
Reconstruction of Kickapoo Road in Shawnee, OK from
McArthur Road South to Farrell Street in Shawnee.... 1,000,000
Reconstruction of Old Nichols Road, Smithtown, New York. 1,000,000
Reconstruction of the I-80 and Sierra College Boulevard,
California.......................................... 1,500,000
Reconstruction/widening of West Main St. Waterbury,
Connecticut......................................... 500,000
Reconstruct Washington Street and Park Street and their
pedestrian pathways and replace subsurface
infrastructure, Tecumseh, OK........................ 200,000
Reconstruction and lane extension of the 10th Street
bridge over Interstate 40 in Yukon, OK.............. 250,000
Regatta Park: Harlem River Access, Bronx County, New
York................................................ 700,000
Rehabilitation and Reconstruction of AA, Wisconsin...... 340,000
Replacement of the Indian Meridian Bridge over Choctaw
Creek in Choctaw, OK................................ 100,000
Right-of-Way Purchase for Highway 289 between Highway 56
and FM 120.......................................... 750,000
Rio Salado Parkway, Arizona............................. 2,500,000
Rivanna Greenbelt Extension, Virginia................... 30,000
River Des Peres Greenway, Missouri...................... 500,000
Riverside Avenue Extension, Spokane, Washington......... 3,000,000
Riverside Road Expansion to Highway 169, St. Josephs,
Missouri............................................ 9,600,000
Riverwalk Bridge Spit Connection, Town of Jupiter,
Florida............................................. 500,000
Roanoke River Greenway, Virginia........................ 500,000
Roaring Springs Retaining Wall, Pennsylvania............ 200,000
Rolling Mill Hill Greenway Extension, Tennessee......... 1,500,000
Ronald Reagan Parkway, Indiana.......................... 850,000
Rose Crossing Enhancement in Roane County, TN........... 1,000,000
Route 8, Venango County, Pennsylvania................... 1,000,000
Route 10--Logan County, West Virginia................... 15,000,000
Route 104/Dominion Boulevard, Chesapeake, Virginia...... 1,000,000
Route 106 Underpass Rehabilitation, Massachussets....... 2,000,000
Route 112 Corridor Management Plan...................... 175,000
Route 12 Upgrade, New York.............................. 7,000,000
Route 132 Connection Project Study Report, California... 400,000
Route 15 Safety Improvements, Virginia.................. 1,000,000
Route 152 Safety Improvements, Santa Clara County,
California.......................................... 1,000,000
Route 168, Southwick, Massachussets..................... 960,000
Route 178 Relocation, Phase II Engineering, Illinois.... 1,000,000
Route 22 Sustainable Corridor, Somerset County, New
Jersey.............................................. 3,000,000
Route 24/Route 27 Reconfiguration Brockton,
Massachusssets...................................... 1,000,000
Route 262--Warren Ave-1880 Grade Separation Phase 1B,
California.......................................... 1,250,000
Route 45 in Cumberland County, Virginia................. 1,000,000
Route 5, West Springfield, Massachussets................ 4,800,000
Route 50 traffic calming Loudoun and Fauquier, Virginia. 3,000,000
Route 7 Widening, Reston Parkway to Dulles Toll Road,
Virginia............................................ 1,000,000
Route 79 Relocation/Harbor Enhancement Fall River,
Massachussets....................................... 1,500,000
Route 8 Improvements, State Project 36-17, Connecticut.. 1,500,000
Route 9 improvements, Virginia.......................... 1,000,000
Rt. 60, Howell County, Missouri......................... 3,000,000
Rutherford Avenue, Boston, Massachusetts................ 1,500,000
S-236 Claggett Hill Road Construction/Lewis & Clark
Ferry Boat Facilities, Montana...................... 2,200,000
Saddle Road Realignment, Hawaii......................... 5,000,000
Safe Sidewalk Route Project, Oregon..................... 500,000
Salem City Rail Yard Re-Investment, New Jersey.......... 500,000
Salishan Revitalization Project, Tacoma, Washington..... 1,800,000
San Juan County Bridge #5722 Redecking, New Mexico...... 1,000,000
SCAG, California........................................ 1,000,000
Seaview Avenue Corridor, Connecticut.................... 500,000
Second Avenue Subway, New York.......................... 2,500,000
Second Street Extension, Los Angeles, California........ 200,000
Second Street Transit Pedestrian Corridor, Ft.
Lauderdale, FL...................................... 1,500,000
Seward highway recreational improvements, Alaska........ 2,000,000
SH412P Construction, Oklahoma........................... 400,000
Sheldon Road SR 99 Interchange Project, California...... 1,000,000
Sheridan Road improvements, Evanston, Illinois.......... 500,000
Ship Creek Improvements, Alaska......................... 2,000,000
Shoreline Interurban Trail, Washington.................. 500,000
Short Haul Intermodal Pilot Project, Quincy, Washington. 1,000,000
Sidewalks near Ford Heights, Illinois................... 200,000
Skagit Valley Hospital Access Improvements, Washington.. 1,000,000
Skagit Valley Hospital Transportation Access, Mount
Vernon, Washington.................................. 1,000,000
Smithfield Street Bridge ramp, Pennsylvania............. 1,000,000
Somerset Downtown Revitalization Project, Kentucky...... 1,000,000
South Lake Union Circulation System, Seattle, Washington 1,000,000
South Valley Connector Project, Idaho................... 3,000,000
Southcenter Parkway Extension, Tukwila, Washington...... 1,000,000
Southern Broadway Extension Improvements, Edmond and
Oklahoma City, Oklahoma............................. 2,000,000
Southern Kentucky Intermodal Park, Kentucky............. 1,000,000
Spaulding Turnpike/Little Bay Bridges, New Hampshire.... 5,500,000
Spring Street Industrial Access Road, Fulton,
Mississippi......................................... 2,000,000
SR 167 HOV and SW 27th Strander Boulevard, Washington... 750,000
SR 23 Extension, Florida................................ 1,000,000
SR 543/I-5 to International Boundary, Washington........ 634,000
SR 601-Canal Road Connector in Gulfport, Mississippi.... 2,000,000
SR 67 and SR 605 from I-110 to US 49, Mississippi....... 2,000,000
SR 67 and SR 605 paving and interchange, Mississippi.... 1,250,000
SR-14 Pedestrian Bridge, Vancouver, Washington.......... 1,500,000
SR-14, Wastewater Collector Main Truckline Project,
White Salmon, Washington............................ 750,000
SR-240 Sound Wall & Irrigation Main Relocation,
Richland, Washington................................ 1,000,000
SR240 Sound Wall, Richland, Washington.................. 1,000,000
SR-509/SR-518 Interchange/Intersection Redevelopment,
Burien, Washngton................................... 1,500,000
SR-56/I-5 Northbound Widening, San Diego, California.... 3,000,000
St. Joseph Regional Port Authority, Missouri............ 1,000,000
St. Mary's College of Maryland Pedestrian Overpass,
Maryland............................................ 1,000,000
Stafford County Airport Improvement, Virginia........... 500,000
State Highway 11 Burlington, Wisconsin.................. 900,000
State Highway 176, New Mexico........................... 1,500,000
State Highway 32 7th Ave-Sheridan Road, Kenosha,
Wisconsin........................................... 800,000
State Hwy 6 expansion in Brazos Co., Texas.............. 2,000,000
State Road 746/Southeast Rome Bypass, Georgia........... 1,000,000
State Road 92 Realignment, Georgia...................... 2,000,000
State Route 101 Cumberland County, Tennessee............ 1,000,000
State Route 30/981 Upgrade Project, Pennsylvania........ 500,000
State Route 67, Mapleview to Dye Road SR52 E, California 500,000
State Route 71/Mission Boulevard Congestion Reduction,
California.......................................... 1,250,000
State Route 76, California.............................. 1,000,000
State Route 905, California............................. 1,000,000
State Street Corridor Redevelopment Project,
Massachussets....................................... 1,000,000
State University Transportation Center, South Carolina.. 3,000,000
STH 32, 7th Avenue, Sheridan Rd., Kenosha, Wisconsin.... 3,000,000
STH 77, West County Line-CTH I, Washburn County,
Wisconsin........................................... 2,000,000
STH29 (CTH Y Interchange, Hatley), Wisconsin............ 2,000,000
Street improvements and streetlights, Lynwood, Illinois. 150,000
Street Improvements, Bartonville, Illinois.............. 500,000
Street Improvements, Gardena, California................ 500,000
Street Improvements, Village of Armington, Illinois..... 500,000
Street Repaving in Williston Park, New York............. 1,000,000
Street Route 17 Congestion Engineering and Improvement,
New Jersey.......................................... 2,000,000
Street Surfacing in Town of Boley, Oklahoma............. 200,000
Streetlights and salt dome for Markham, Illinois........ 300,000
Streetscape and sidewalk improvements, Midfield, Alabama 300,000
Streetscape Improvements in Cherryland/Ashland,
California.......................................... 1,250,000
Tacoma Rail Train to the Mountain Project, Washington... 2,500,000
Talladega County Scenic Forrest Road 600-2, Alabama..... 500,000
Tamarac Courtyard, Florida.............................. 300,000
Tarpon Springs Community Redevelopment, Florida......... 500,000
Tenth Street Menominee, Michigan........................ 500,000
Terminal Access Road Right-of-Way Acquisition, Missouri. 1,000,000
TH10, City of Anoka, Minnesota.......................... 500,000
TH23 bypass of Paynesville, Minnesota................... 3,000,000
The Hamilton Avenue/US 127 At I-275 Improvement, Ohio... 500,000
The Maine Medical Center................................ 1,000,000
Third Bridge, Salem, Oregon............................. 750,000
Thomas Cole National Historic Site, New York............ 50,000
Thompson Road Widening, Pike County, Kentucky........... 1,000,000
Tienken Road Widening, Michigan......................... 1,200,000
Tier One Environmental Impact Study--North Country
Transportation Study, New York...................... 1,000,000
Tillamook Railroad Tunnel #25, Oregon................... 500,000
Tiverton Stone Bridge Abutment Repairs, Rhode Island.... 375,000
Toledo Downtown Waterfront Redevelopment, Ohio.......... 1,250,000
Town of Tribbey Road Improvements, Oklahoma............. 200,000
Town of Windermere, traffic calming, Florida............ 250,000
Traffic Calming in the City of Riviera Beach, Florida... 500,000
Trailways Station Revitalization and Visitors Center,
Georgia............................................. 1,000,000
Train-to-Mountain, WA................................... 1,250,000
Transport 2020, Madison, WI............................. 500,000
Transportation Project at the University of Arizona
Science Center at Rio Nuevo, Arizona................ 500,000
Transportation Technology Center, Auburn University,
Alabama............................................. 35,000,000
Trenton Channel Bridge, Michigan........................ 1,200,000
Trinity River Vision Neighborhood Linkage, Texas........ 500,000
Trotwood Center City Roundabout, Ohio................... 1,000,000
Trunk Highway 241, St. Michael, Minnesota............... 2,000,000
Trunk Highway 610/10, Minnesota......................... 1,000,000
Trunk Highway 610/10, Minnesota......................... 2,000,000
Turquoise Trail Project (BIA 4), Arizona................ 1,000,000
Tuscaloosa Downtown Revitalization, Alabama............. 10,000,000
Twin Peaks Road Corridor, Arizona....................... 4,500,000
US 19 Right Turn Lanes in Pasco County, Florida......... 1,000,000
US 41/I-176 Interchange Improvement Phase 1 study,
Illinois............................................ 800,000
US 412 Mountain Home to Hwy. 101, Arkansas.............. 2,000,000
US 412 Paragould to Big Slough Ditch, Arkansas.......... 1,000,000
US 63 in Waterloo improvement, Iowa..................... 2,500,000
US Highway 52/CSAH 42 Interchange, Minnesota............ 250,000
US Highway 101 Improvement Program, California.......... 800,000
US Highway 12 Upgrade, Burbank to Walla Walla,
Washington.......................................... 1,000,000
US Highway 14 Corridor Expansion, Minnesota............. 500,000
US Highway 287, Wyoming................................. 750,000
US Highway 287, Wyoming................................. 4,000,000
US Highway 41A Hopkins County, Kentucky................. 1,000,000
US Highway 52 in Olmsted County, Minnesota.............. 500,000
US Highway 54 Expressway Design Study, Missouri......... 400,000
US Highway 6 improvements Coralville, Iowa.............. 1,000,000
US Highway 63 Bypass near Kirksville, Missouri.......... 500,000
US Highway 87 Improvements--Value Added Commodity
Processing Center, Montana.......................... 500,000
US Hwy 85 safety passing lanes, Wyoming................. 250,000
US Hwy 151 Dickeyville, Belmont, Wisconsin.............. 2,000,000
US Route 13 Corridor Redevelopment, Pennsylvania........ 500,000
US Route 35 Improvements, Mason County, West Virginia... 3,000,000
UCONN Hillside Road Extension, Connecticut.............. 4,000,000
Union Passenger Terminal Planning and Master Plan, New
Orleans Regional Planning Commission, LA............ 500,000
University of Kentucky Academy for Community
Transportation Innovation........................... 1,000,000
University of Southern Indiana Perimeter Road Project... 1,500,000
UP/Sunset Avenue Grade Separation, Banning, California.. 500,000
Upgrade MO Rte 94--Page Ave Extension/Phase II, Missouri 1,000,000
Urban Center Access Improvement Project, Tukwila,
Washington.......................................... 1,000,000
US 113 Upgrade, Maryland................................ 2,000,000
US 113, Maryland........................................ 1,500,000
US 17 & Bowman Road Interchange, Mount Pleasant, South
Carolina............................................ 750,000
US 17-92/Horatio Ave, Maitland, Florida................. 800,000
US 18 from west of Okreek to Carter in Todd County...... 1,500,000
US 18 from West of Okreek to Carter in Todd County,
South Dakota........................................ 2,000,000
US 20 Expressway, Webster County, Iowa.................. 250,000
US 224--Mahoning County/Canfield Improvements, Ohio..... 1,700,000
US 231/I-10 Freeway Connector, Alabama.................. 10,000,000
US 278 Corridor, South Carolina......................... 1,000,000
US 278, South Carolina.................................. 1,000,000
US 287 Ennis Bypass, Texas.............................. 1,000,000
US 287-SH 116, Colorado................................. 500,000
US 290 Improvements, Texas.............................. 1,000,000
US 301 and University Parkway Intersection, Manatee
City, Florida....................................... 500,000
US 321 in Burke, Caldwell and Catawba Counties, North
Carolina............................................ 1,000,000
US 321/US 11 Overpass project, Tennessee................ 1,000,000
US 49 from Florence to I-20, Mississippi................ 1,000,000
US 51-SR 43 Connector Road in Canton, Mississippi....... 1,500,000
US 54, Kingman County, Kansas........................... 2,000,000
US 59 2.3 mi NE of US 181 to US 181, Texas.............. 500,000
US 74 Bypass Monroe, North Carolina..................... 1,000,000
US 74 Future I-74 in Robeson County, North Carolina..... 2,000,000
US 82 from FM 1417 to US 69, Texas...................... 750,000
US 82--Mississippi River Bridge and Bypass.............. 2,500,000
US 87 Big Spring Bypass, Texas.......................... 500,000
US 97 Redmond, Oregon bypass, Oregon.................... 1,000,000
US-12 Widening, Wallula Junction to Walla Walla,
Washington.......................................... 1,250, 000
US-231/I-10 Freeway Connector, Alabama.................. 1,000,000
US27, Indiana........................................... 500,000
US-278 expansion, downtown Cullman to East Point,
Alabama............................................. 500,000
US-6, MP 256 Junction of US-6 and SR-123, Emery County,
Utah................................................ 3,000,000
US-81 & Highway 30 Arterial, Columbus, Nebraska......... 1,000,000
US-89, Railroad Bridge Replacement, Pleasant Grove, Utah 2,000,000
US90 Construction, Texas................................ 1,000,000
US-95 from Worley to Mica, Idaho........................ 3,000,000
USH 53 (Eau Claire Bypass), Wisconsin................... 2,000,000
USH2 West County Line Beaser Avenue, Ashland County,
Wisconsin........................................... 2,000,000
UW-Superior Invasive Species Ballast Water Research..... 500,000
Van Ness Avenue Project, California..................... 1,000,000
Vasco Road Safety Improvments, California............... 500,000
Ventura County Farm Crossings, California............... 500,000
Vermont Police and Fire Academy Training Skid Pad....... 500,000
Vestavia Hills Pedestrian Walkway, Alabama.............. 200,000
Veterans Field pedestrian walkway/bike path, New Jersey. 625,000
Veterans Park Infrastructure, Rockdale County, Georgia.. 1,000,000
Victory Extension Project, CSAH 82, Mankato, Minnesota.. 500,000
Village of Mineola Road Evaluation, New York............ 20,000
Village of Schuylerville, New York...................... 1,500,000
Wachusett Park and Ride, Massachusetts.................. 750,000
Wake Forest Department of Health Sciences and PTRP
Research Program, North Carolina.................... 2,500,000
Wakulla County: US 319 Improvements, Florida............ 3,000,000
Walden Point Road (Metlakatla), Alaska.................. 2,000,000
Waldron Road Widening Near I-24, Tennessee.............. 500,000
Waldvogel Memorial Viaduct Improvement, Ohio............ 1,000,000
Walton Street Bridge, New York.......................... 800,000
Washington County Hardesty Road Bridge, Kentucky........ 525,000
Washington State Produce Rail Car Program, Washington... 1,000,000
Water Street Bridge, Fitchburg, Massachussets........... 728,000
Waukee/West Des Moines I-80 Interchange, Iowa........... 1,500,000
Waverly, Ohio South Connector, Ohio..................... 1,000,000
West Fork Road--Red Lodge, Montana...................... 400,000
West Harlem Transportation and Revitalization
Improvements, Manhattanville, NY.................... 300,000
West Laredo Trade Corridor, Texas....................... 3,000,000
West Philadelphia Streetscape/Gateway Improvements,
Pennsylvania........................................ 1,500,000
Western Madison County Streetscape Development, Alabama. 1,000,000
Western Placerville Interchanges, California............ 1,000,000
Western Route Project, Indiana.......................... 500,000
Westside Connector Project, Utah........................ 1,000,000
WestStart Vehicular Flywheel Project, Washington........ 500,000
Whitefish Pedestrian and Bicycle Trails, Montana........ 191,000
Widen I-66 westbound inside the Capital Beltway,
Virginia............................................ 1,000,000
Widening of SR 50 from US 27 to Orange County Line...... 1,000,000
Widening of Van Dyke Avenue, Michigan................... 1,000,000
Wilcox County Industrial Development Authority, Alabama. 300,000
Wilmington-Newark Commuter Rail Improvements, Delaware.. 5,000,000
Winfield Pedestrian Tunnel, Illinois.................... 1,000,000
Yakima Grade Separations, Washington.................... 500,000
Yannuzi Drive/Bradford Street, Bradford County,
Pennsylvania........................................ 100,000
Ygnacio Valley Road Pedestrian/Bike Improvements,
California.......................................... 800,000
Cook-DuPage, Multi-Modal Corridor.--The conferees
understand that the Illinois Department of Transportation is
considering reconstruction or expansion of the Eisenhower
Expressway (I-290) that passes through Oak Park, Illinois. The
conferees have provided $1,000,000 for further study of a cap
over all or portions of I-290 as it passes through Oak Park. If
such a cap is determined to be feasible, the conferees intend
for the cap to be funded concurrently with any project to
reconstruct or expand I-290 through Oak Park.
The conference agreement includes a provision (Sec. 118)
that rescinds transportation infrastructure finance and
innovation act funds.
The conference agreement includes a provision (Sec. 119)
that makes the Port of Anchorage eligible for certain highway
programs, as proposed by the Senate.
The conference agreement includes a provision (Sec. 120)
that relates to RETRAC project contingency fund for payment of
projects.
The conference agreement includes a provision (Sec. 121)
that names the Hoover Dam Bypass Bridge, as proposed by the
Senate.
The conference agreement includes a new provision (Sec.
122) allowing Nevada and Arizona to reimburse debt service
payment on the Bypass Bridge at Hoover Dam project with future
apportionments, in accordance with title 23 United States Code.
The conference agreement includes a provision (Sec. 123)
that prohibits funding for the development or dissemination of
any programmatic agreement making the Interstate eligible under
the National Register of Historic Places, as proposed by the
House.
The conference agreement includes a provision (Sec. 124)
that rescinds unobligated balances associated with completed
demonstration or high priority projects from previous laws.
The conference agreement includes a provision (Sec. 125)
that makes certain projects and activities eligible to receive
fiscal year 2005 grants.
The conference agreement includes a provision (Sec. 126)
that provides an appropriation for the replacement of the
Belleair Causeway Bridge in Pinellas County, Florida.
The conference agreement includes a provision (Sec. 127)
regarding the I-10 Bridge spanning Escambia Bay in Escambia and
Santa Rosa Counties, Florida.
The conference agreement includes a provision (Sec. 128)
that amends section 14003 of Public Law 108-287.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
The conference agreement includes a limitation of
$257,547,000 for the Federal Motor Carrier Safety
Administration's administrative expenses and grant programs,
instead of $248,480,000 as proposed by the House and
$260,000,000 as proposed by the Senate. The conference
agreement provides funding in the following manner:
Conference level
General and border operating expenses................... $125,229,000
New entrant program (Federal portion)................... 3,000 000
New entrant (state grants portion) \1\.................. 13,200,000
Hazardous materials permitting program.................. 2,000,000
Conditional carrier review program...................... 2,000 000
Household goods enforcement............................. 1,300,000
Administrative infrastructure........................... 8,000,000
Regulatory development.................................. 11,143,000
HAZMAT sampling......................................... 200,000
HAZMAT routing.......................................... 500,000
Non-entrant initiative.................................. 1,000,000
Information Management.................................. 18,500,000
Crash data collection................................... 7,400,000
Outreach and education.................................. 2,200,000
Commercial driver's license improvement grants.......... 20,000,000
Total Northern and Southern border grants............... 33,000 000
Hotline................................................. 375,000
Research and technology................................. 8,500,000
\1\ In addition to the $13,200,000 provided in this account, another
$17,000,000 is provided under the National motor carrier safety program.
New entrant program.--The conference agreement provides a
total of $30,200,000 for the new entrant program, of which
$13,200,000 is provided under this limitation and an additional
$17,000,000 is provided for state grants under the motor
carrier safety assistance program. The conferees continue the
program structure developed in fiscal year 2004 that provides
the majority of funding for this program in the form of state
grants, therefore, only $3,000,000 is for oversight and other
Federal responsibilities. The conferees direct that FMCSA
report to both the House and Senate Committees on
Appropriations by March 1, 2005, regarding the use of this
Federal portion of the program, and an explanation of the new
entrant audit procedure improvements and plans to maximize the
program's safety benefits and to enhance carrier compliance.
Household goods enforcement.--The conference agreement
provides $1,300,000 for household goods enforcement. This is an
adequate level to maintain seven FTE provided in fiscal year
2004. The agreement does not provide for five new safety
specialists proposed by the Senate. The conferees direct FMCSA
to report to both the House and Senate Committees on
Appropriations regarding the use of the household goods
enforcement funds by March, 1, 2005.
Outreach and education.--The conferees provide a total of
$2,200,000 for outreach and education. Of this amount,
$1,500,000 is for household goods outreach, $150,000 is for
motorcoach and school bus transportation service selection,
$50,000 is for the safety is good business program, and
$500,000 is to increase safety belt usage among commercial
motor vehicle drivers. No funds are provided for the share the
road safely program; however, the conferees direct FMCSA to
detail one FTE to NHTSA for the share the road safely program
for a period ending on the date of enactment of a fiscal year
2006 Transportation and Treasury and Independent Agencies
appropriations Act, other than a continuing resolution. No
funds are provided for the public outreach and evaluation
program as proposed by the Senate.
The conference agreement retains language proposed by the
House directing FMCSA to develop strategies that link outreach
and education program initiatives to each goal with a reporting
date of April 10, 2005.
Working capital fund (WCF) desktop services and
electronic government (E-gov).--The conferees provide no
separate funding for WCF desktop services or e-gov, but direct
FMCSA to absorb costs associated with these activities within
funds provided under this limitation, other than grant funds,
and report back to the House and Senate Committees on
Appropriations on the planned amounts for these activities and
funding sources with the 2005 operations plan, and actual
amounts and funding sources in future budget justifications.
Safety Status Measurement System (Safestat).--The
conferees retain the House language directing FMCSA to
implement the Inspector General's recommendation in its
February 13, 2004 report Improvements Needed in the Motor
Carrier's Safety Status Measurement System.
Form M.--The conferees retain House and Senate language
denying the request to transfer responsibility and funding for
Form M from BTS to FMCSA.
Compliance Reviews and Safety Audits.--The conferees
reiterate the House and Senate reporting requirements regarding
compliance reviews and safety audits with a reporting date of
February 7, 2005.
Research and Technology.--Within amounts for research and
technology, the conferees direct $500,000 for the testing and
evaluation of both stationary and mobile radiation detection
devices, and, as proposed by the Senate, $200,000 to study the
correlation between driver history and future safety
violations.
Commercial drivers license (CDL) program.--The conference
agreement provides $21,000,000 for the commercial driver's
license improvement grants program, and retains the directive
in both the House and Senate reports directing FMCSA to
initiate a rule requiring all CDL applicants to provide proof
of citizenship or legal presence in the U.S., consistent with
the Inspector General recommendation. FMCSA shall initiate a
rulemaking by May 30, 2005. The conference agreement retains
the House language encouraging FMCSA to continue working to
improve all aspects of the CDL program, including sponsoring
pilot projects to ensure drivers who have been convicted of a
disqualifying offense do not operate during the period of
suspension or revocation.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(HIGHWAY TRUST FUND)
The conference agreement provides liquidating cash
appropriation of $190,000,000 for the national motor carrier
safety program as proposed by both the House and the Senate.
(LIMITATION ON OBLIGATIONS)
The conference agreement includes a limitation on
obligations of $190,000,000 for motor carrier safety grants as
proposed by both the House and the Senate.
The conference agreement provides funding for the
national motor carrier safety program as follows:
Amount
Motor carrier safety assistance program................. $169,000,000
Basic motor carrier safety grants................... (133,350,000)
Performance based incentive grant program........... (7,100,000)
High-priority activities............................ (9,450,000)
New entrant grants.................................. (17,000,000)
State training and administration................... (2,100,000)
Crash causation (Sec. 224(f) MCSIA)..................... (1,000,000)
Information systems and strategic safety initiatives.... 20,000,000
Data analysis and information systems............... (14,000,000)
Implementation of PRISM............................. (5,000,000)
Driver programs (CDL grants)........................ (1,000,000)
Within the funds provided for FMCSA's high priority
initiative program, the conference agreement provides $250,000
to Auburn University for using a genetic algorithm with
computational fluid dynamic codes, validated using wind tunnel
and water tunnel testing, in developing a comprehensive method
for optimizing the shape of tractor-trailer rigs; $250,000 to
continue the Hazardous Material Transportation safety and
security testing, including conducting research on cost and
benefits of using industry-standard truck disabling
technologies, establishing best practices for safety and
security applications of remote vehicle disabling technologies
in trucking operations, and conducting field operational
testing of this technology; $150,000 to the Transportation
Research Center at Georgia Tech University; and $150,000 for
FMCSA to conduct a survey of the States' entry level CDL
programs to determine the adequacy of each State's CDL entry-
level driving test. The conferees direct that FMCSA provide the
findings of such a survey with recommendations to ensure each
State administers a sufficiently demanding entry-level CDL
driving test to the House and Senate Committees on
Appropriations no later than June 1, 2005.
General Provisions--Federal Motor Carrier Safety Administration
The conference agreement includes a provision (Sec. 130)
that subjects funds appropriated in this Act to the terms and
conditions of section 350 of Public Law 107-87, including that
the Secretary submit a report on Mexico-domiciled motor
carriers. This provision was proposed by both the House and
Senate.
The conference agreement includes a provision (Sec. 131)
that prohibits the use of funds in this Act to implement or
enforce any provision of the Final Rule issued on April 16,
2003 as it applies to operators of utility service vehicles and
motion picture and television production drivers working at a
site within 100 air mile radius of the reporting location for
the period ending December 31, 2005.
The conference agreement includes a provision (Sec. 132)
that prohibits the use of funds in this Act to issue or
implement a specific proposed regulation as it relates to a
phase in period to bring vehicles into compliance. The
conferees direct FMCSA to coordinate and communicate with
trucking firms and manufacturers affected by this provision to
ensure that they understand their responsibilities, potential
deadlines, and consequences. The conferees direct FMCSA to
notify the House and Senate Committees on Appropriations
regarding the steps that will take place to meet this
coordination requirement.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides a total program level
of $232,986,000 for highway and traffic safety activities,
instead of $223,114,000 as proposed by the House and
$228,300,000 as proposed by the Senate. The limited amounts for
obligation include $157,386,000 for operations and research,
$72,000,000 for operations and research, and $3,600,000 for the
national driver register.
The following table summarizes the conference agreement
for operations and research by budget activity:
Salaries and benefits................................... $71,700,000
Travel.................................................. 1,347,000
Operating expenses...................................... 23,801,000
Contract programs:
Safety performance (rulemaking)..................... 11,383,000
Safety assurance (enforcement)...................... 18,277,000
Highway safety programs............................. 51,493,000
Research and analysis............................... 70,521,000
General administration.............................. 779,000
Grant administration reimbursements..................... -16,306,000
--------------------------------------------------------
____________________________________________________
Total............................................. 232,986,000
OPERATING EXPENSES
The conference agreement provides no more than $2,900,000
for NHTSA computer support, $100,000 for harmonization efforts,
and no funding for workforce development or e-gov initiatives
from OST.
SAFETY ASSURANCE
The conference agreement provides an additional $250,000
for 2 additional full-time staff years for enforcement actions
against non-compliant vehicles, as proposed by the House.
SAFETY PERFORMANCE
The conference agreement provides an additional $200,000
to accelerate the purchase schedules for NCAP vehicle testing,
as proposed by the Senate.
HIGHWAY SAFETY PROGRAMS
The conference agreement provides the following funding
levels for highway safety programs:
Impaired Driving........................................ $13,145,000
Judicial and prosecutorial awareness................ (1,500,000)
Target popluations.................................. (500,000)
Drug Evaluation and Classification...................... 0
Pedestrian/Bicycle safety............................... 2,450,000
Pedestrian accident study........................... (50,000)
South Carolina DOT's Older Drivers & Pedestrian
Signage Demonstration Project..................... (800,000)
WPI Center for Human Impact Protection Systems...... (400,000)
Motorcycle safety....................................... 744,000
National Occupant Protection............................ 11,600,000
Enforcement and Justice Services........................ 2,217,000
Emergency Medical Services.............................. 3,520,000
NEMSIS implementation............................... (250,000)
TraumaLink, Philadelphia PA......................... (500,000)
USA Center for Rural Vehicle Research............... (500,000)
Records and Licensing................................... 4,900,000
Interstate digital image exchange project........... (2,300,000)
Highway Safety Research................................. 8,050,000
Driver's Edge Safety Program, Nevada................ (400,000)
FAMU--FSU Transportation Safety Research Center..... (800,000)
Emerging Traffic Safety Issues.......................... 1,187,000
Share the Road Safely................................... 100,000
NAS Tire Study.......................................... 250,000
NOPUS................................................... 1,600,000
National Driver Register................................ 2,000,000
Share the road safely program.--The conference agreement
directs NHTSA to lead the implementation of the share the road
safely program for fiscal year 2005, as proposed by the House
and the Senate. In addition, FMCSA isdirected to work
cooperatively with NHTSA and to provide one full-time detailee to work
with NHTSA staff, as proposed by the Senate.
NAS tire efficiency study.--The conferees direct NHTSA to
provide an update to the House and Senate Committees on
Appropriations on the status of the NAS tire efficiency study
by December 31, 2004, as proposed by the House.
Plastic and composite vehicles.--The conferees recognize
the development of plastics and polymer-based composites in the
automotive industry and the important role these technologies
play in improving and enabling automobile performance. The
conferees encourage NHTSA to develop a program to examine
possible safety benefits of Lightweight Plastic and Composite
Intensive Vehicles (PCIV). The program will help facilitate a
foundation between DOT, the Department of Energy and industry
stakeholders for the development of safety-centered approaches
for future light-weight automotive design.
RESEARCH AND ANALYSIS
The conference agreement provides the following funding
levels for research and analysis:
Crashworthiness......................................... $25,675,000
Southern Consortium for Injury Biomechanics......... (2,000,000)
University of Vermont & Fletcher Allen Healthcare... (1,000,000)
Crash Avoidance......................................... 10,198,000
Fatigue eye-tracking & monitoring research.......... (300,000)
Visual loss research................................ (100,000)
National Center for Statistics & Analysis............... 25,119,000
Additional FARS funding............................. (850,000)
Vehicle Research & Test Center.......................... 1,020,000
Crash Causation Study................................... 7,000,000
Crash Avoidance Initiative.............................. 500,000
Early Fatality Notification System...................... 1,000,000
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for
operations and research to $72,000,000, as proposed by the
Senate.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for the
national driver register to $3,600,000, as proposed by the
House.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for highway
traffic safety grants to $225,000,000, as proposed by both the
House and the Senate.
Highway safety oversight.--The conference agreement does
not agree to include language pertaining to highway safety
grant oversight, as proposed by the Senate. This exclusion is
based upon assurances that NHTSA will actively pursue their
oversight responsibilities relating to state obligation of
grant monies. Furthermore, NHTSA shall ensure that the House
and Senate Committees on Appropriations are kept apprised of
NHTSA's progress.
General Provisions--National Highway Traffic Safety Administration
The conference agreement includes a provision (Section
140) allowing States to use highway traffic safety grant funds
for highway safety public service messages, as proposed by the
House and Senate. No more than 30% of funds for impaired
driving media support may go to the 13 strategic states,
instead of 60%, as proposed by the House.
The conference agreement includes a provision (Section
141) directing NHTSA to administer the share the road safely
program and prohibiting funds from being transferred to any
other Federal agency, as proposed by the Senate.
The conference agreement includes a provision (Section
142) allowing NHTSA to use the funds necessary to carry out
provisions of section 157, as proposed by the Senate.
Federal Railroad Administration
SAFETY AND OPERATIONS
The conference agreement provides $139,769,000 for Safety
and Operations, instead of $137,738,000 as proposed by the
House and $139,849,000 as proposed by the Senate. The conferees
approve 17 new positions for FRA: 8 inspectors, 8 inspector
trainees, and 1 passenger rail staff. The agreement provides
$275,000 for a central training facility and $1,500,000 for a
track geometry vehicle. The agreement denies $193,000 for e-gov
initiatives requested by OST, $500,000 for a fatigue study, and
$300,000 for workforce planning efforts.
RAILROAD RESEARCH AND DEVELOPMENT
The conference agreement provides $36,025,000 for
Railroad Research and Development, instead of $33,289,000 as
proposed by the House and $35,225,000 as proposed by the
Senate. Within the amount provided, the conferees have provided
$250,000 for the WVU constructed facility center, $2,000,000
for Marshall University and the University of Nebraska for
safety and research programs in rail equipment, human factors,
and track and rail safety related issues, and $6,800,000 for
NDGPS.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
RRIF loan repayment.--The conferees include bill language
directing Amtrak to repay the 2002 RRIF loan in five equal
annual installments over a five-year period. The conferees are
concerned that, in annually seeking deferral of its obligations
to repay the Federal Government, Amtrak jeopardizes the future
of the Railroad Rehabilitation and Improvement Financing
Program. This program was established to meet the essential
infrastructure investment needs of the rail industry, in
particular the small and regional freight railroads that are
essential to the economic competitiveness of many parts of
rural and small town America. Continuation of such deferrals
could set a dangerous precedent for Federal credit programs.
The conferees believe that no one, including a quasi-
governmental entity such as Amtrak, should be exempt from
meeting its financial obligations to the Federal Government in
a timely manner. Clearly, Amtrak agreed to a repayment schedule
that it knew, or at least should have known, would jeopardize
its ability to undertake infrastructure repairs critical to
safe and reliable intercity and commuter passenger
transportation, particularly in the Northeast Corridor. This is
a lesson that should not be lost on Amtrak if it should again
contemplate funding capital improvements with debt. The
conferees direct Amtrak and the FRA to enter into a realistic
repayment schedule that will permit repayment of the principal
and interest of the RRIF loan owed to the Federal Government by
Amtrak, while mitigating the impact of this debt obligation on
Amtrak's capital program.
NEXT GENERATION HIGH-SPEED RAIL
The conference agreement provides $19,650,000 for Next
Generation High-Speed Rail, instead of $11,000,000 as proposed
by the House and $20,000,000 as proposed by the Senate. The
agreement provides the following funding allocations:
Train Control Systems................................... $7,500,000
North American joint PTC project.................... (6,500,000)
Train Control--TTC.................................. (1,000,000)
High-Speed Non-Electric Locomotives..................... 1,700,000
DMU compliance and demonstration, Florida........... (400,000)
DMU compliance and demonstration, New Jersey........ (400,000)
Grade Crossing & Innovative Technologies................ 4,350,000
Alaska RR luminescent grade crossings............... (1,000,000)
Vicksburg, MS Fairgrounds St grade crossing......... (1,000,000)
Assembly Street, South Carolina..................... (600,000)
High-speed rail improvements between NYC and Albany,
NY................................................ (350,000)
Track/Structures Technology............................. 1,000,000
Corridor Planning....................................... 3,100,000
Gulf Coast High Speed Rail Corridor Study........... (1,000,000)
Memphis Region High Speed Rail Study................ (400,000)
Spokane Region High Speed Rail Corridor Study....... (1,000,000)
New England High Speed Rail Boston-Springfield-New
Haven Corridor Study.............................. (700,000)
Maglev.................................................. 2,000,000
California-Nevada Interstate Maglev Project......... (1,000,000)
Pennsylvania Maglev Deployment Project.............. (1,000,000)
Magnetic levitation.--Section 1218 of TEA-21 established
a magnetic levitation deployment program to be administered by
the FRA. Last year, the conferees requested that FRA perform a
cost-benefit comparison report of magnetic levitation to other
modes of travel. Although FRA has not completed the report, the
conferees are awaiting the receipt of the final draft.
Rail-highway crossing hazard eliminations.--The
conference agreement also provides the following funding
allocations for rail-highway grade crossing mitigation:
Hamilton Boulevard, Mobile, Alabama..................... $1,000,000
City of Spartanburg rail crossing mitigation, South
Carolina............................................ 1,075,000
Safety and Mitigation Rail Relocation in Auburn, Maine.. 500,000
Harrisburg CorridorOne Track Safety, Pennsylvania....... 550,000
McCord Road, Lucas County, Ohio, grade separation....... 1,000,000
Illinois statewide highway-rail crossing safety program. 400,000
Vermont statewide highway-rail crossing safety.......... 325,000
Wisconsin railway-highway crossing elimination.......... 400,000
Rock Island rail line, Oklahoma.--The conferees are aware
of an unused rail line, which runs from McAlester to Oklahoma
City, Oklahoma, that has been the subject of acquisition
negotiations for a number of years. The conferees encourage all
parties involved to reach a reasonable settlement
expeditiously, so that this important rail link can be
rehabilitated and reopened as soon as possible.
ALASKA RAILROAD REHABILITATION
The conference agreement provides $25,000,000 for the
rehabilitation expenses of the Alaska Railroad, as proposed by
the Senate.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The conference agreement provides $1,217,000,000 for
quarterly grants to Amtrak, as proposed by the Senate. Of this
amount, no less than $500,000,000 is provided for capital
grants, as proposed by the House. The conference agreement
retains report language proposed by the House regarding
operating and capital plans, Amtrak financial information,
monthly reporting requirements, state-assisted intercity rail
service, and capital asset valuation.
Amtrak common stock redemption.--The Amtrak Reform and
Accountability Act of 1997 (AARA) directed Amtrak to redeem all
common stock at fair market value by October 1, 2002 in order
to rid Amtrak of certain of its financial encumbrances so that
Amtrak could position itself to seek and receive investor funds
and other private financing. The date of the mandated
redemption has passed, the redemption has not occurred, and the
parties are not engaged in resolving the matter of evaluation
of such stock at Fair Market Value, thwarting clear
Congressional intent. The conferees urge these parties to
resolve this matter expeditiously.
General Provisions--Federal Railroad Administration
The conference agreement includes a provision (Section
150) that requires the Secretary of Transportation to continue
development and implementation of a fair competitive bid
procedure, as proposed by both the House and the Senate.
The conference agreement includes a provision (Section
151) that allows FRA to provide reimbursement to employees for
home internet connections, as proposed by the House.
The conference agreement includes a provision (Section
152) that clarifies the intent of Federal funds provided to the
Alaska Railroad, as proposed by the Senate.
The conference agreement includes a provision (Section
153) that directs DOT to award a grant included in P.L. 108-199
for KBS Railroad in Illinois, as proposed by the Senate.
The conference agreement includes a provision (Section
154) that expands the Northern New England High Speed Rail
Corridor.
The conference agreement includes a provision (Section
155) that directs Amtrak to submit to the House and Senate
Committees on Appropriations in fiscal year 2005 a report
detailing Amtrak's obligations pursuant to 49 U.S.C. 24306(a).
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The conference agreement provides $78,000,000 for
administrative expenses, as proposed by the Senate. Within this
total, the conference agreement provides the following funding
levels for FTA offices:
Office of the Administrator............................. $900,000
Office of Administration................................ 6,520,000
Office of Chief Counsel................................. 4,100,000
Office of Communications & Congressional Affairs........ 1,243,000
Office of Program Management............................ 7,396,000
Office of Budget and Policy............................. 6,929,000
Office of Research, Demonstration and Innovation........ 4,645,000
Office of Civil Rights.................................. 3,013,000
Office of Planning and Environment...................... 4,171,000
Regional Offices........................................ 20,150,000
Central Account......................................... 16,433,000
National Transit Database............................... 2,500,000
Transfer authority.--The conference agreement provides
transfer authority of 5% among administrative offices. The
conferees direct FTA to provide quarterly updates to the House
and Senate Committees on Appropriations on all transfers of
funding within the administrative office structure.
FY06 budget request.--Within the FY06 budget request, the
conferees direct FTA to submit an office-by-office breakdown,
as proposed by both the House and Senate and an analysis of new
start project technical assistance, as proposed by the House.
Full funding grant agreements (FFGAs).--The conference
agreement retains language proposed by the House detailing
notification of Congress of procedures prior to the execution
of a FFGA. In addition, the conference agreement retains
language proposed by the House regarding notification of
advancement of projects into preliminary engineering or final
design.
Revisions of Congressional intent.--The conference
agreement retains language proposed by the House directing FTA
to seek approval of the House and Senate Committees on
Appropriations prior to revising Congressional intent.
FORMULA GRANTS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $4,032,175,000 for
formula grants, as proposed by the Senate. The conference
agreement transfers language regarding an intercity bus
reporting requirement, as proposed by the House, to the Office
of the Secretary.
UNIVERSITY TRANSPORTATION RESEARCH
The conference agreement provides $6,000,000 for
university transportation research, as proposed by the House
and Senate.
TRANSIT PLANNING AND RESEARCH
The conference agreement provides $128,000,000 for
transit planning and research, as proposed by the Senate. From
funds provided for national planning and research, the
conference agreement provides the following funding levels:
Advanced Transportation Technology Institute............ $125,000
Automation Alley BuSolutions............................ 550,000
CALSTART/WestStart Advanced Transit Technology.......... 2,000,000
Center for composite manufacturing, AL.................. 950,000
Southern Fuel Cell Coalition--Center for Transportation
and the Environment................................. 450,000
Chester County transit security training facility, PA... 125,000
Community Transportation Association of America
Nationwide Joblinks................................. 500,000
Fischer-Tropsch clean diesel technology demonstration,
OK.................................................. 875,000
Hennepin County Community Works......................... 1,200,000
hOurCar, MN............................................. 75,000
Lehigh Carbon Community College transit first responder
training facility................................... 75,000
Low cost carbon fiber production technology, University
of Tennessee........................................ 450,000
Nanostructured catalysts for hydrogen fuel cells (CATV
UA)................................................. 950,000
National Bio-Terrorism Civilian Medical Response Center,
PA.................................................. 725,000
National Technical Assistance Center for Senior
Transportation...................................... 2,000,000
NDSU Transit Center for Small Urban Areas, ND........... 400,000
Northern Wisconsin Rural Transportation Study........... 60,000
Oklahoma Transportation Center.......................... 2,000,000
Pawtucket train depot rehabilitation initiative, RI..... 235,000
Phillipsburg to Northeastern NJ/NYC commuter rail study,
NJ.................................................. 400,000
Project ACTION (TEA-21)................................. 3,000,000
PVTA Electric Bus....................................... 640,000
Sitting Bull College bus facility planning, SD.......... 65,000
Transit access CUMTD initiative, IL..................... 500,000
Transit technology career ladder partnership training
program............................................. 500,000
Transportation Research Program, Wichita State
University.......................................... 1,000,000
WVU exhaust emissions testing initiative, WV............ 1,400,000
TRUST FUND SHARE OF EXPENSES
The conference agreement provides $6,744,500,000 for the
trust fund share of expenses, instead of $6,047,200,000 as
proposed by the House and $6,764,976,000 as proposed by the
Senate.
CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $3,338,825,000 for
capital investment grants, instead of $2,852,647,000 as
proposed by the House and $3,413,825,000 as proposed by the
Senate.
Three year availability of section 5309 discretionary
funds.--The conferees direct FTA to not reallocate funds
provided in the fiscal year 2002 Department of Transportation
and Related Agencies Appropriations Act or previous Acts for
the following bus and bus facilities projects:
Alabama State Dock in intermodal passenger and freight
terminal bus and bus related facilities
Binghamton Intermodal Transportation Center/terminal
Blue Water Area Transportation Commission bus facilities
Bronx Zoo Intermodal Transportation Facility
Cab Care paratransit facility
City of Monrovia natural gas vehicle fueling facility
Costa Mesa CNG facility
County of Calaveras bus fleet replacement
East Haddam transportation vehicles and transit facilities
Greater Minnesota Transit Authority bus, paratransit and
transit hub (MNDOT)
Greater New Haven Transit District CNG vehicle project
(ConnDOT)
Homer Alaska Maritime Wildlife Intermodal and welcome
center
Indiana bus consortium buses and bus facilities
Indianapolis downtown transit facility
Las Cruces intermodal transit facility
Livermore Amador Valley Transit Authority buses and
facility
Macon terminal intermodal station
Missouri Pacific Depot
Morgantown Parking Facility
North County Transit District, initial design and planning
for new intermodal center
Norwich bus terminal and pedestrian access
Oglala Sioux Tribe buses and bus facilities
San Bernardino CNG/LNG buses
Sierra Madre Villa & Chinatown intermodal transportation
centers/LA MTA bus and bus related facilities
Southern Teton Area Rapid Transit bus facility
Springfield Union Station intermodal facility
Station Plaza (NY) commuter parking lot
Tompkins Consolidated Area transit center
Ravalli County Council on aging bus facility
Area VII agency on aging bus facility
Statewise bus and bus facilities, MT
Wilkes-Barre Intermodal Facility
The conferees direct FTA to not reallocate funds provided
in the fiscal year 2002 Department of Transportation and
Related Agencies Appropriations Act or previous Acts for the
following new start projects:
Greater Albuquerque mass rail transit project
Birmingham, Alabama, Transit Corridor
Dulles Corridor Project
Honolulu, Hawaii, Bus Rapid Transit Project
Kenosha-Racine-Milwaukee Rail Extension Project
Maryland (MARC) Commuter Rail Improvements Projects
Northeast Indianapolis, Indiana, Downtown Corridor Project
Philadelphia SEPTA Cross County Metro Project
Philadelphia, Pennsylvania-Schuylkill Valley Metro Project
BUS AND BUS FACILITIES
The conference agreement provides $675,000,000 for buses
and bus facilities programs, together with $50,000,000
transferred from ``Federal Transit Administration, Formula
grants''. Funds provided for buses and bus facilities are
distributed as follows:
Project Name Amount
Abilene bus and bus facilities, Texas................... $750,000
Acadia National Park intermodal facility, Maine......... 250,000
Addicks Park & Ride Ramp, Texas......................... 4,500,000
Alabama State Docks intermodal facility, Alabama........ 10,000,000
Alaska Mental Health Trust bus program, Alaska.......... 1,000,000
Alaska Native Medical Center intermodal bus/parking
facility, Alaska.................................... 2,000,000
Allegan County Transportation, Michigan................. 1,500,000
Alma Transit facility and replacement buses, Michigan... 500,000
Alternative fuel replacement buses, Tucson, Arizona..... 1,000,000
Ames transit/bus facility, Iowa......................... 1,000,000
Amesbury bus facility, Massachusetts.................... 1,000,000
Amtran Bus Replacement, Altoona, Pennsylvania........... 300,000
Anaheim Resort Transit, California...................... 300,000
Anchorage Museum/Transit intermodal depot, Alaska....... 1,500,000
Anchorage paratransit and disability improvements,
Alaska.............................................. 1,500,000,
Anchorage Ship Creek intermodal facility, Alaska........ 2,500,000
Ann Arbor Transit (AATA) transit center, Michigan....... 1,000,000
Ardmore transit center, Pennsylvania.................... 6,000,000
Area Transit Authority, Pennsylvania.................... 1,425,000
Area Transportation Authority of North Central
Pennsylvania passenger terminal, Pennsylvania....... 1,250,000
Arkansas Statewide buses and bus facilities............. 8,000,000
Asheville City bus fleet replacement, North Carolina.... 300,000
Atlanta bus acquisition, Georgia........................ 3,500,000
Atlanta clean fuel shuttle buses, Georgia............... 1,000,000
Atlantic Station, Georgia............................... 1,100,000
Attleboro Intermodal Transportation Center,
Massachusetts....................................... 2,000,000
Barry County buses and bus facilities, Michigan......... 40,000
Bay Area Transportation Authority, Traverse City,
Michigan............................................ 4,000,000
Belding buses and bus facilities, Michigan.............. 50,000
Bellflower Dial-a-Ride, California...................... 120,000
Bellows Falls Transit Improvements, Vermont............. 2,000,000
Ben Franklin Transit Facility Improvements, Washington.. 1,050,000
Bergen Intermodal Stations and Park N'Rides, New Jersey. 2,000,000
Berks Area Reading Transportation Authority (BARTA)
facility, Pennsylvania.............................. 2,000,000
Berrien County transit, Michigan........................ 100,000
Billings downtown bus facility, Montana................. 2,000,000
Billings public bus and medical transfer facility,
Montana............................................. 2,500,000
Birmingham Intermodel Facility--Phase II, Alabama....... 3,500,000
Bloomington Public Transit Corporation, Indiana......... 750,000
Blue Water Area Transportation Commission Maintenance
and Storage Facility, Michigan...................... 3,000,000
BNMC replacement buses, New York........................ 758,000
Boro Park JCC bus purchase, New York.................... 200,000
Brazos Transit District passenger shelter program, Texas 500,000
Bridgeport Intermodal Transportation Center, Connecticut 7,000,000
Brockton Area Transit Bus Replacement, Brockton,
Massachusetts....................................... 2,000,000
Brookhaven Town Senior Citizen Jitney Bus, New York..... 125,000
Broome County hybrid buses, New York.................... 1,600,000
Broward/Palm Beach County buses, Florida................ 750,000
BRTA Bus Replacement Program, Massachusetts............. 1,080,000
BRTA Bus Shelters, Massachusetts........................ 150,000
BRTA Storage Facility Upgrade, Massachusetts............ 244,000
Bryan Intermodel Transit Terminal with Parking, Texas... 400,000
Bryan/College Station Bus Replacement Program, Texas.... 1,296,000
Bucks County Intermodal Facility Improvements,
Pennsylvania........................................ 2,117.000
Buffalo Niagra Medical Campus, New York................. 2,000,000
Burke Centre VRE Station Parking Expansion.............. 1,000,000
Bus Facility, 65th Street Intermodal Station, New York.. 7,500,000
Bus Rapid Transit, Virginia Street Phase 1, Nevada...... 1,000,000
Cadillac/Wexford Transit, Michigan...................... 100,000
Calabasas Transit, California........................... 500,000
Cambria County Transit accessible buses, Pennsylvania... 1,080,000
Cambria County Transit Facility rehabilitation,
Pennsylvania........................................ 1,300,000
Cape Cod Regional Transit Authority Center/Bus Facility,
Massachusetts....................................... 3,000,000
Capital Area Transit (CAT), Pennsylvania................ 1,000,000
Capital Area Transportation Authority, Lansing, Michigan 4,250,000
Capital Metro North Operating Facility, Texas........... 1,200,000
Capitol Metro buses and bus facilities, Texas........... 2,000,000
Carolina Mini-Buses, Puerto Rico........................ 1,900,000
Cass County transit, Michigan........................... 40,000
CATA bus replacement, Arkansas.......................... 400,000
Catalina Transit Terminal, Redondo Beach, California.... 1,000,000
Central New York Regional Transportation Authority, New
York................................................ 3,250,000
Central Ohio Transit Authority Paratransit Facility..... 550,000
Central Ohio Transity Authority ITS Phase III........... 200,000
Centre Area Transit Authority, Pennsylvania............. 850,000
Cerritos Clean Air Buses, California.................... 850,000
Chapel Hill replacement buses, North Carolina........... 2,000,000
Charlotte Multi-modal Transportation Center, North
Carolina............................................ 2,500,000
Cherry Street Multi-Modal Facility, Indiana............. 1,000,000
Cincinnati Local Community bus enhancements, Ohio....... 800,000
Citibus vans and alternative fuel buses, Texas.......... 1,800,000
Citilink, Indiana....................................... 600,000
City Bus, Williamsport Bureau of Transportation,
Pennsylvania........................................ 1,500,000
City of Orange Beach senior activity bus, Alabama....... 100,000
City of Santa Fe, Bus and Bus Facility Grant, New Mexico 1,500,000
Clare County Transit Corporation, Michigan.............. 100,000
Claremont Intermodal Transit Village Project, California 200,000
Cleveland Avenue YMCA bus, Alabama...................... 200,000
Cleveland Clinic Pedestrian Access Tunnel, Ohio......... 1,000,000
Clinton Area transit system, Michigan................... 1,250,000
CNG bus replacement, Texas.............................. 400,000
Coconino County--Flagstaff bus system, Arizona.......... 1,400,000
Coconino County--Sedona bus system, Arizona............. 2,600,000
Collegian Avenue Busway, California..................... 400,000
Colorado Statewide buses and bus facilities............. 7,125,000
Columbia Transit, Missouri.............................. 850,000
Community Transit Bus and Van Replacement, Washington... 1,000,000
Commuter maintenance facility, New Hampshire............ 700,000
Como Rider program, Minnesota........................... 1,500,000
Copper River Transit program, Alaska.................... 1,500,000
Corpus Christi buses and bus facilities, Texas.......... 800,00
County of Lebanon Transit Authority (COLT), Pennsylvania 360,000
Cruise Terminal Intermodal Facility, Pennsylvania....... 500,000
Cuyahoga County Plan for Senior Transportation, Ohio.... 1,000,000
Dallas bus shelters, Texas.............................. 750,00
Danville buses and bus facilities, Virginia............. 450,000
DeBary Intermodal Transportation Facility, Florida...... 250,000
Delaware Statewide buses and bus facilities............. 2,000,000
Denton Downtown multimodal transit facility, Texas...... 3,200,000
Des Moines MTA bus replacement, Iowa.................... 2,000,000
Detroit DOT bus replacement and facilities, Michigan.... 3,000,000
Dial-a-Ride facility, Phoenix, Arizona.................. 350,000
Downtown Centralized Intermodal Transfer Center,
Nashville, Tennessee................................ 1,000,000
Downtown Tempe Transit Center, Arizona.................. 800,000
Downtown transit center ITS, California................. 100,000
Duluth Transfer Facility, Minnesota..................... 1,000,000
East Side Transit Center, Ohio.......................... 500,000
East Valley bus maintenance facility, Arizona........... 6,950,000
Ed Roberts Campus/City of Berkeley, California.......... 500,000
Edmonds Crossing Mulitmodal Transportation Project,
Washington.......................................... 1,000,000
El Garces Intermodal Station, Needles, California....... 1,000,000
El Paso buses, Texas.................................... 3,000,000
Elk Grove Park and Ride Facilities California........... 1,000,000
Elmwood Facility Expansion, Rhode Island................ 2,000,000
Endless Mountain Transportation Authority, Pennsylvania. 100,000
Englewood bus purchase, New Jersey...................... 375,000
Essex County buses, Massachusetts....................... 150,000
Fairfield/Vacaville Intermodal Transit Station,
California.......................................... 500,000
Farmville buses and bus facilities, Virginia............ 200,000
Fayette Area Coordinated Transportation (FACT) buses and
bus facilities, Pennsylvania........................ 900,000
Fixed Route Transportation System, Madison County,
Kentucky............................................ 300,000
Flagler County buses and bus facilities, Florida........ 150,000
Flint MTA Intelligent Transportation System, Michigan... 1,000,000
Fort Edward Intermodal Station, New York................ 300,000
Franklin County Transportation Council, Missouri........ 150,000
Fresno Area Express bus program, California............. 1,000,000
Ft. Worth Transportation Authority Fleet Modernization,
Texas............................................... 2,400,000
Ft. Worth Transportation Authority Passenger Shelter
Replacement, Texas.................................. 700,000
Fulton County Transit Authority, Kentucky............... 200,000
Gainesville Regional Airport multi-modal facility,
Florida............................................. 300,000
Gainesville RTS buses and bus facilities, Florida....... 1,000,000
Glenmont Metrorail parking garage expansion, Maryland... 500,000
Golden Empire Transit traffic signal priority,
California.......................................... 300,000
Grant Transit Authority vehicle replacement, Washington. 800,000
Greater Minnesota Transit............................... 3,225,000
Greater Ouachita Port and Intermodal Facility, Louisiana 3,000,000
Greenville Transit System, Michigan..................... 50,000
GRTC Bus Facility, Richmond, Virginia................... 6,000,000
Hamiton clean fuels bus facility, Georgia............... 1,500,000
Hampton Roads Transit New Maintenance Facilities,
Virginia............................................ 2,250,000
Harbor Transit, Michigan................................ 200,000
Harrisburg Transportation Center, Pennsylvania.......... 1,000,000
Harrison County HOV/Bus rapid transit Canal Road
intermodal connector, Mississippi................... 2,000,000
Hartford bus facility rehabilitation, Connecticut....... 500,000
Hartford/New Britain Busway, Connecticut................ 4,000,000
Hazleton intermodal facility, Pennsylvania.............. 3,000,000
Hemet Transit Center bus facility, California........... 350,000
Henderson Area Rapid Transit Authority, Kentucky........ 80,000
High Point Project Terminals, North Carolina............ 2,000,000
Hillsborough Area Regional Transit (HART), Florida...... 500,000
Homestead East-West bus connector, Florida.............. 250,000
Honolulu bus and paratransit replacement program, Hawaii 5,000,000
Honolulu Middle Street Intermodal Center, Hawaii........ 4,000,000
Houston METRO, Park and Rides, Texas.................... 10,000,000
Howard Boulevard Intermodal Station, New Jersey......... 3,500,000
Howard County Transit repair facility, Maryland......... 500,000
Hunt County Committee on Aging Transit Terminal, Texas.. 1,200,000
Hunt County Committee on Aging Transit Vehicles, Texas.. 1,000,000
I-15 Managed Lanes/Bus Rapid Transit, San Diego,
California.......................................... 1,700,000
I-35 Fixed Guideway Project, Johnson County, Kansas..... 300,000
I-66/Vienna Metrorail Accessibility Improvements,
Virginia............................................ 600,000
Idaho Transit Coalition Statewide buses and bus
facilities.......................................... 3,500,000
Illinois Statewide buses and bus facilities............. 7,000,000
Incline Plane Cable Replacement, Johnstown, Pennsylvania 120,000
IndyGo buses and bus facilities, Indiana................ 3,000,000
Intelligent Transportation System for The Rapid,
Michigan............................................ 600,000
Intercity Transit Buses, Thurston County, Washington.... 1,000,000
Intermodal terminals in Downtown Reno and Sparks, Nevada 1,500,000
Ionia County Dial-A-Ride, Michigan...................... 125,000
Iowa Statewide buses and bus facilities................. 5,000,000
Irvington Intermodal Upgrades, New York................. 250,000
Isabella County Transportation Commission, Michigan..... 300,000
Isanti Transit garage and operational facility,
Minnesota........................................... 500,000
ITP/The Rapid replacement and expansion buses, Michigan. 1,250,000
Ivy Tech State College multmodal facility, Indiana...... 500,000
Jackson State University busing project, Mississippi.... 300,000
Jacksonville JTA transit rolling stock, Florida......... 500,000
Jacksonville State University buses, Alabama............ 2,000,000
Jacobi Transportation Facility, New York................ 1,000,000
Jamaica Intermodal Facilities, New York................. 2,000,000
James City County natural as buses, Virginia............ 3,000,000
JATRAN fixed route vehicles, Mississippi................ 3,000,000
JCC of Coney Island Bus Purchase, New York.............. 100,000
Jefferson County Transit Facility Improvements, Texas... 700,000
Jefferson Transit operations/maintenance facility,
Washington.......................................... 600,000
Johnson County Transit System Buses, Kansas............. 500,000
Juneau bus replacement, Alaska.......................... 1,000,000
Kalamazoo County Care A Van, Michigan................... 80,000
Kalamazoo Metro Transit, Michigan....................... 3,000,000
Kalkaska Public Transit Authority, Michigan............. 50,000
Kansas City/Unified Govt. of Wyandotte Co. buses, Kansas 1,000,000
Kansas statewide bus and bus facilities................. 3,000,000
KCATA bus rapid transit, Missouri....................... 4,500,000
Kearney RYDE Transit, Nebraska.......................... 1,050,000
Kenai Central Area Rural Transit System bus replacement,
Alaska.............................................. 1,400,000
Key West bus and bus facilities, Florida................ 2,000,000
King County Metro Clean Air Buses, Washington........... 5,000,000
King County Metro Park and Ride on First Hill, Seattle,
Washington.......................................... 2,000,000
King County Metro, King County Airfield Transfer Area,
Washington.......................................... 2,000,000
Kitsap Transit Bus Replacement, Washington.............. 1,000,000
Knik Arm intermodal facility terminal, Alaska........... 1,500,000
Knoxville Electric Transit Intermodal Center, Tennessee. 2,000,000
Lafayette City/Bus, Indiana............................. 500,000
Lake Erie Transit maintenance prage expansion, Michigan. 500,000
Lakeland Area Citrus Connection transit system, Florida. 750,000
Lane County bus raid transit vehicles, Oregon........... 4,000,000
Laredo Bus Hub and Maintenance Facility, Texas.......... 2,000,000
Las Vegas buses, Nevada................................. 1,000,000
LAVTA buses and bus facilities, California.............. 500,000
LAVTA satellite maintenance, operations and
administrative facility, California................. 300,000
Lawrence Transit System maintenance facility, Kansas.... 400,000
Lawton buses and bus facilities, Oklahoma............... 207,000
Lechmere Station intermodal, Massachusetts.............. 1,000,000
Lewis and Clark explorer shuttle parking, Oregon........ 500,000
Link Transit Low Floor Coach Purchases, Washington...... 800,000
Livingston Essential Transportation, Michigan........... 100,000
Long Beach Transit bus purchase, California............. 500,000
Los Angeles County MTA bus program, California.......... 2,000,000
Los Angeles Trade Tech intermodal links with bus and
Metro, California................................... 500,000
Los Angeles Valley College bus station extension,
California.......................................... 500,000
Louisiana Statewide buses and bus facilities............ 5,000,000
Lowell Regional Transit Authority, Massachusetts........ 900,000
Macatawa Area Express Facility, Michigan................ 1,000,000
Macon Terminal Station, Georgia......................... 750,000
Maine statewide bus program............................. 2,500,000
Maintenance facility modernization project, Oregon...... 2,500,000
Mammoth Lakes Regional Transit operations facility,
California.......................................... 1,000,000
Manchester, Clay County Intermodal Facility, Kentucky... 2,000,000
MART maintenance facility, Massachussets................ 2,400,000
MARTA Bus Acquisition Program, Georgia.................. 1,500,000
MARTA clean fuel technology buses, Georgia.............. 4,000,000
Maryland Statewide buses and bus facilities............. 4,000,000
Mass Transportation Authority, Flint, Michigan.......... 3,000,000
Medical University of South Carolina.................... 4,000,000
Memphis Airport Intermodal Facility, Tennessee.......... 3,000,000
Metro Red Line Wilshire Vermont Station upgrade,
California.......................................... 750,000
Metro St. Louis, Missouri............................... 1,250,000
Metro Transit buses and bus facilities, Minnesota....... 4,000,000
Miami Beach Intermodal Greenway Transit Facility,
Florida............................................. 700,000
Miami Beach Intermodal Transit Facility, Florida........ 700,000
Miami Intermodal Center, Florida........................ 6,000,000
Miami-Dade County bus procurement, Florida.............. 500,000
Michigan Statewide buses and bus facilities............. 3,000,000
Mid Mon Valley Transit Authority, Charleroi,
Pennsylvania........................................ 1,400,000
Mid-County Transit Authority Kittanning, Pennsylvania... 220,000
Midland Dial-A-Ride, Michigan........................... 125,000
Millinocket Airport transfer bus project, Maine......... 35,000
Miramar Parkway transit shelter enhancements, Florida... 100,000
Mississippi Valley State University mass transit
expansion, Mississippi.............................. 200,000
Missouri statewide bus and bus facilities............... 8,000,000
Modesto bus facility, California........................ 1,000,000
Montgomery buses, Alabama............................... 700,000
Montrey Salinas Transit buses, California............... 1,000,000
Moultrie Intermodal Facility, Georgia................... 500,000
Multi County Intermodal Park & Ride, New Jersey......... 3,000,000
Muncie Indiana transit system, Indiana.................. 1,000,000
Municipal Transit Operators Coalition, California....... 1,000,000
Murray/Calloway County Transit Authority, Kentucky...... 1,800,000
Muskegon Area Transit System, Michigan.................. 500,000
Napa Transit Center construction, California............ 500,000
Nassau County Long Island Bus, New York................. 1,000,000
National Center for Transportation Needs, Florida....... 600,000
Nebraska Statewide bus and bus facilities............... 2,000,000
New Castle Area Transit, Pennsylvania................... 1,000,000
New Mexico Statewide bus and bus facilities............. 1,000,000
New York Central Train Station, Elyria, Ohio............ 1,000,000
Newark Penn Station Intermodal Improvements, New Jersey. 5,000,000
Norman buses and bus facilities, Oklahoma............... 3,000,000
North Carolina Statewide buses and bus facilities....... 5,000,000
North Dakota Statewide buses and bus facilities......... 3,000,000
North Florida and West Coast Transit Coalition Bus
Acquisition......................................... 4,000,000
North Oakland Transit Authority, Michigan............... 80,000
Northern Michigan bus and bus facilities................ 500,000
Northern Oklahoma regional multimodal facilities and
transit system, Oklahoma............................ 5,000,000
Northern Winnebago County, Illinois..................... 250,000
Northumberland County Transportation, Pennsylvania...... 100,000
Northwest Busway and facilities, Hennepin County,
Minnesota........................................... 3,000,000
NW 7th Avenue Transit Hub, Florida...................... 1,000,000
Oakwood College shuttle bus project, Alabama............ 150,000
Oakwood Intermodal Facility, Somerset, Kentucky......... 2,000,000
Ohio statewide buses and bus facilities................. 6,000,000
Oklahoma DOT Transit Program, Oklahoma.................. 5,500,000
Oklahoma Transportation Center, Oklahoma................ 2,000,000
Omaha Metro Area Transit Center Developments, Nebraska.. 4,000,000
Pacific Station Multimodal-Multiuse facility, California 1,500,000
Paducah Area Transit Authority, Kentucky................ 1,300,000
Pahoa/Hilo Bus routes, Hawaii........................... 500,000
Palm Springs bus station relocation, California......... 30,000
Palo Alto Intermodal Transit Center, California......... 750,000
Paratransit District/Senior Call Center Brooklyn, Ohio.. 2,000,000
Park & Ride/Bus Facility Exit 2, Salem, New Hampshire... 600,000
Park and Ride Bus Facility Exit 5, New Hamgshire........ 200,000
Park and Ride for the Edison Train Station, New Jersey.. 1,000,000
Pelham Intermodal Improvements, New York................ 500,000
Petersburg Multi-Modal Transportation Center, Virginia.. 500,000
Phoenix, Glendale, and Avondale bus replacement, Arizona 1,500,000
Phoenix/Glendale West Valley operating facility, Arizona 3,500,000
Pierce Transit Base expansion, Washington............... 1,000,000
Pinellas Suncoast Transit Authority, Florida............ 9,300,000
Port Angeles International Gateway Center, Washington... 1,000,000
Port of Anchorage intermodal facility, Alaska........... 2,500,000
Potomac Yard Transit Way, Virginia...................... 800,000
PRTC Bus Acquisitions, Virginia......................... 800,000
Pulse Point Joint Development safety improvements,
Connecticut......................................... 500,000
Putnam County RideSolutions buses and bus facilities,
Florida............................................. 1,500,000
PVTA bus replacement program, Massachusetts............. 4,000,000
Regional maintenance/paratransit scheduling facility,
Kansas.............................................. 800,000
Renaissance Square, New York............................ 6,500,000
Rhode Island Public Transit Authority Statewide buses
and bus facilities.................................. 4,000,000
Richmond Highway Transit Improvements, Virginia......... 1,000,000
Rio Rancho Senior Transit Program, New Mexico........... 250,000
Riverbank vehicle garage renovation, California......... 125,000
Riverside Transit Authority, California................. 125,000
Rochester Central Bus Terminal, New York................ 5,600,000
Rockville Town Center transit project, Maryland......... 1,000,000
Roscommon County Transit System, Michigan............... 50,000
Roseville Multitransit Center, California............... 650,000
Rural Bus Program, Hawaii............................... 5,000,000
Sacramento bus replacement/facility expansion,
California.......................................... 500,000
Salem Intermodal Center improvement project,
Massachusetts....................................... 1,000,000
Salem-Keizer Transit, buses and bus facilities, Oregon.. 350,000
SamTrans Zero Emission bus project, California.......... 750,000
San Antonio VIA Metropolitan Transit Bus Fleet
Modernization, Texas................................ 3,000,000
San Francisco Muni buses and bus facilities, California. 4,000,000
San Luis Rey Transit Center, California................. 400,000
Santa Clara VTA bus signal priority project, California. 750,000
SCAT CNG Fueling Station, California.................... 500,000
Senior Bus Service Bus Replacement, North Hempstead, New
York................................................ 300,000
SEPTA, Trackless Trolley Acquisition, Pennsylvania...... 1,000,000
Shiawassee Area Transportation Authority, Michigan...... 45,000
Sierra Madre Villa Gold Line Light Rail Station,
California.......................................... 1,000,000
Sistrunk transit & pedestrian access improvement,
Florida............................................. 1,000,000
Sitting Bull College facilities, South Dakota........... 1,250,000
Skagway bus terminal development, Alaska................ 2,000,000
SMART buses and bus facilities, Michigan................ 3,000,000
Solana Beach Intermodal Facility, Solana Beach,
California.......................................... 650,000
Sonoma County CNG buses, California..................... 300,000
South Amboy Intermodal Station, New Jersey.............. 1,250,000
South Carolina Statewide buses and bus facilities....... 4,000,000
South Dakota Statewide buses and bus facilities......... 1,000,000
South Gate Clean Air buses, California.................. 250,000
South Metro Area Rapid Transit park-and-ride facility
and transit center, Oregon.......................... 500,000
Southeast Tennessee Human Resource Agency............... 750,000
Southern and Eastern Kentucky buses and bus facilities.. 3,000,000
Southern Maryland commuter bus initiative, Maryland..... 5,000,000
Southern Missouri buses and bus facilities.............. 2,300,000
Southside bus facility PE, Virginia..................... 4,000,000
Southwest Broward bus facility, Florida................. 1,200,000
Spring Valley Multi-Modal Center, California............ 800,000
Springfield Union Station, Springfield, Massachusetts... 6,694,000
St. Johns County Council on Aging buses and bus
facilities, Florida................................. 750,000
St. George's Ferry Intermodal Terminal, New York........ 2,300,000
St. Lucie County bus purchase, Florida.................. 400,000
St. Petersburg intermodal facility, Florida............. 500,000
Stamford Urban Transitway Phase II, Connecticut......... 6,000,000
Suffolk County Transit buses and bus facilities, New
York................................................ 1,000,000
Sullivan County buses and bus facilities, New York...... 500,000
Sun Tran CNG replacement buses, Tucson, Arizona......... 2,750,000
Sunline Transit Agency CNG buses, California............ 500,000
TalTran Bus replacement project, Florida................ 800,000
TARTA/TARPS Intermodal Facility, Ohio................... 1,500,000
Temecula Park and Ride Facility, California............. 50,000
Temecula Transit Center, California..................... 400,000
Tennessee Statewide buses and bus facilities............ 9,500,000
The Woodlands Capital Cost of Contracting Program, Texas 450,000
Tombigbee Regional Commission vehicle facility, Alabama. 250,000
Tompkins County Hybrid Buses, New York.................. 250,000
Transit Authority of Northern Kentucky (TANK) bus and
bus facilities, Kentucky............................ 500,000
Transit Authority of River City, Louisville, Kentucky... 601,500
Transit First Implementation, California................ 750,000
Transit ITS, Utah....................................... 250,000
Transit Oriented Neighborhood Program, California....... 200,000
TRANSPO Bus Operations Center South Bend, Indiana....... 2,000,000
Trenton Intermodal Center, New Jersey................... 2,000,000
Triangle Transit Authority replacement buses, North
Carolina............................................ 1,000,000
TriMet buses, Portland, Oregon.......................... 1,000,000
Trolley System, Boynton Beach, Florida.................. 250,000
Tuckahoe Intermodal Improvements, New York.............. 40,000
Tulsa Transit Multi-use facility in Tulsa, Oklahoma..... 2,000,000
Twin Cities Area Transportation Authority, Benton
Harbor, Michigan.................................... 30,000
ULM Intermodal Facility, Louisiana...................... 750,000
Ulster County Hybrid Buses, New York.................... 250,000
UMass Transit RTIC and training facility, Massachusetts. 4,000,000
UNI multimodal project, Iowa............................ 3,000,000
Union City Intermodal Station, Phase 1, California...... 500,000
Union Depot Transportation Hub, Minnesota............... 1,000,000
Union Station Intermodal Trade and Transit Center,
Schuylkill County, Pennsylvania..................... 2,000,000
Union Station Intermodal Transportation Center,
Washington, DC...................................... 750,000
Union/Snyder Transportation Alliance, Union County
Pennsylvania........................................ 1,500,000
University of Alabama at Huntsville Intermodal Facility,
Alabama............................................. 4,000,000
University of Louisville bus shuttle program, Kentucky.. 2,500,000
UTA intermodal facilities, Utah......................... 2,000,000
UTA Statewide buses and bus facilities.................. 5,800,000
Vallejo Baylink Ferry Intermodal Center, California..... 1,250,000
Van Buren Public Transit, Michigan...................... 30,000
Vans, CASA of Marshall County, Alabama.................. 100,000
Vehicles for Senior Citizen Transportation in Alabama... 1,000,000
Vermont Statewide buses and bus facilities.............. 2,000,000
Vicksburg public transportation, Mississippi............ 500,000
Visalia bus operations facility, California............. 250,000
Visalia bus replacement, California..................... 250,000
Waco Transit Alternative Fueled Bus Purchase, Texas..... 4,000,000
Wahiawa Transit Center and Parking Facility, Hawaii..... 2,500,000
Washington Small Bus System Program of Projects,
Washington.......................................... 4,000,000
Waterbury bus maintenance facility, Connecticut......... 500,000
West Haven/Orange Intermodal Facility, Connecticut...... 1,000,000
West Side transit facility, New Mexico.................. 1,000,000
West Valley City Intermodal Terminal, Utah.............. 400,000
West Virginia Statewide................................. 5,000,000
Westchester County Bee Line Bus Replacement, New York... 4,000,000
Westmoreland County Transit Authority, Pennsylvania..... 500,000
Whatcom Transportation Authority, Lincoln Creek
Transportation Center, Washington................... 2,000,000
White Earth Tribal Nation Transit Center, Minnesota..... 1,000,000
White Plains Downtown Circulator, New York.............. 250,000
Whitehall Intermodal Ferry Terminal, New York........... 1,000,000
Whittier intermodal facility, Alaska.................... 1,500,000
Wichita Transit Authority buses and bus facilities,
Kansas.............................................. 250,000
Winter Haven Transit Terminal, Florida.................. 500,000
Wisconsin Statewide buses and bus facilities............ 15,000,000
WMATA bus purchase, Virginia............................ 7,000,000
WMATA clean fleet buses, Maryland....................... 1,500,000
Wonderland Station improvements, Revere, Massachusetts.. 2,000,000
Yamhill County Transit bus and bus facilities, Oregon... 150,000
Yates Township Dial-A-Ride Transportation System,
Michigan............................................ 200,000
York County Transportation Authority buses, Pennsylvania 1,500,000
Yosemite Area Regional Transportation System, California 400,000
Washington statewide small transit systems, bus and bus
facilities.--The conference agreement provides $4,000,000 to
the Washington State Department of Transportation (WSDOT) for
bus and bus facilities grants. The conferees expect WSDOT to
fund the following projects: (1) $400,000 Clallam Transit; (2)
$50,000 Columbia County Public Transportation (CCPT); (3)
$50,000 Garfield County; (4) $400,000 Grant Transit; (5)
$600,000 Grays Harbor Transportation Authority; (6) $400,000
Island Transit; (7) $750,000 Jefferson Transit; (8) $400,000
Mason County Transportation Authority; (9) $50,000 Pacific
Transit; (10) $400,000 Twin Transit; and (11) $500,000 Valley
Transit.
Illinois Statewide Buses.--The conferees provide
$7,000,000 to the Illinois Department of Transportation (IDOT)
for Section 5309 Bus and Bus Facilities grants. The conferees
expect IDOT to provide at least $3,000,000 for Downstate
Illinois replacement buses in Bloomington, Champaign-Urbana,
Danville, Decatur, Peoria, Quincy, RIDES MTD, River Valley,
Rockford, Rock Island, Springfield, and for the Bi-State
Development/Metro Agency. Further, the conferees expect IDOT to
provide appropriate funds for bus facilities in Bloomington,
Galesburg, Macomb, Peoria, and Rock Island, including $750,000
for the Champaign Day Care Center/Park-n-Ride; $500,000 for the
Richton Park Metra Intermodal Transit Park and Ride Facility;
$750,000 for the City of Chicago's Free Trolley system; and
$500,000 for the Downtown Normal Multimodal facility.
The conference agreement retains all language in the
House and Senate reports allowing funds appropriated for a bus
or bus facility project to be used for another eligible
purpose, with the exception of Senate proposed language for
South Bend Intermodal Facility, Indiana. Amounts previously
obligated for the South Street Station Project in fiscal year
1996 and fiscal year 1997 shall be made available for the South
Bend Bus Operations Center project in South Bend, Indiana. In
addition, House retained language regarding Detroit bus and bus
facilities should read ``Public Law 106-69'' instead of
``Public Law 106-109''.
Newton Rapid Transit Handicap Access Improvements,
Massachusetts.--Amounts made available in fiscal year 2004 for
Newton Rapid Transit Handicap Access Improvements,
Massachusetts, shall be available for making handicap
accessibility improvements to the Auburndale Station in Newton,
MA.
Alameda Point Areil Transit Project, California.--Amounts
made available in fiscal year 2004 for Alameda Point Areil
Transit Project, California, shall be available for the
Fairfield/Vacaville Intermodal Transit Station, California.
Utica Transit Authority Buses, New York.--Amounts made
available in fiscal year 2003 for Utica Transit Buses, New
York, shall be made available for Oneida County buses and
transit items.
Statewide Bus and Bus Facilities, Montana.--Unobligated
balances from amounts made available in fiscal year 2002 to
Area VIII Agency on Aging Bus and Bus Facility and Ravalli
County Council on Aging Bus and Bus Facility shall be combined
with and made available for Statewide Buses and Bus Facilities.
New York City grant reprogramming.--The conference
agreement includes a provision that allows urbanized area
formula grant funds and capital investment or discretionary
grant funds awarded to the New York City DOT to be made
available to the New York Metropolitan Transportation Authority
for eligible capital projects. The conferees are concerned that
this provision in some waymight facilitate the closure of
current bus routes or the delaying of service improvements in certain
New York City bus lines. This is not the intent of the conferees, and
MTA should work to avoid any such harmful effects.
NEW STARTS
The conference agreement provides $1,449,425,000 for new
starts programs, together with funds made available from
reallocated new start projects from the fiscal year 2002 Act
and previous Acts. Funds provided for new start projects are
distributed as follows:
Atlanta, Georgia/North Springs (North Line Extension)... $265,410
Baltimore, Maryland, Central Light Rail Double Track.... 29,010,000
Birmingham--Transit Corridor, Alabama................... 1,000,000
Boston, Massachusetts, Silver Line III.................. 3,000,000
Capital Metro--Bus Rapid Transit, Texas................. 1,000,000
CATRAIL RTC Rail Project, Nevada........................ 1,000,000
Charlotte, North Carolina, South Corridor Light Rail
Project............................................. 30,000,000
Chicago, Illinois, Douglas Branch Reconstruction........ 85,000,000
Chicago, Illinois, Ravenswood Line Extension............ 40,000,000
Cleveland, Ohio, Euclid Corridor Transportation Project. 25,000,000
Dallas, Texas, NW/SE Extension.......................... 8,500,000
Denver, Colorado, Southeast Corridor LRT................ 80,000,000
Dulles Corridor Rapid Transit Project, Virginia......... 25,000,000
Fort Lauderdale, Florida, South Florida Commuter Rail
Upgrades............................................ 11,409,506
Harrisburg, Pennsylvania, Corridor One Rail MOS......... 2,000,000
Hawaii and Alaska Ferry Boats........................... 10,296,000
Houston Advanced Metro Transit Plan, Texas.............. 8,500,000
I-5/I-205/SR50, Transit Loop, Washington and Oregon..... 1,500,000
Las Vegas, Nevada, Resort Corridor Fixed Guideway
Project............................................. 30,000,000
Little Rock River Rail, Arkansas........................ 3,500,000
Los Angeles, California/MOS3 Metro Rail (North
Hollywood).......................................... 675,103
Los Angeles, California, Eastside Light Rail Transit
Project............................................. 60,000,000
Los Angeles, California, Gold Line Foothill Extension... 500,000
Metra Commuter Rail Expansions and Extensions, Illinois. 52,000,000
Minneapolis, Minnesota, Hiawatha Light Rail Project..... 33,698,453
Minneapolis, Minnesota, Northstar Commuter Rail Project. 5,000,000
Nashville, Tennessee, East Corridor Commuter Rail....... 2,000,000
New Jersey Trans-Hudson Midtown Corridor................ 1,200,000
New Orleans, Louisiana, Canal Street Corridor Project... 16,747,023
New York, New York Long Island Rail Road East Side
Access.............................................. 100,000,000
Norfolk, Virginia, Light Rail Transit Project........... 2,000,000
Northern New Jersey Hudson-Bergen Light Rail MOS2....... 100,000,000
New Jersey Newark Rail Link MOS 1....................... 319,463
Northern New Jersey Newark-Elizabeth Rail Line MOS1..... 1,365,876
Philadelphia, Pennsylvania, Schuylkill Valley MetroRail. 10,000,000
Phoenix, Arizona, Central Phoenix/East Valley Light Rail 75,000,000
Pittsburgh, Pennsylvania, North Shore Light Rail
Connector........................................... 55,000,000
Pittsburgh, Pennsylvania, Stage II Light Rail........... 1,140,792
Portland, Oregon, Interstate Max Light Rail Extension... 23,480,000
Raleigh, North Carolina, Triangle Transit Authority
Regional Rail Project............................... 20,000,000
Rhode Island Integrated Commuter Rail Project........... 6,000,000
Regional Commuter Rail (Weber County to Salt Lake City),
Utah................................................ 8,000,000
Salt Lake City, Utah/CBD to University LRT.............. 1,147,398
Salt Lake City, Utah/Medical Center Extension........... 8,836,110
San Diego, California, Mid-Coast Light Rail Extension... 1,000,000
San Diego, California, Mission Valley East Light Rail
Extension........................................... 81,640,000
San Diego, California, Oceanside-Escondido Rail Corridor 55,000,000
San Francisco, California, BART Extension to San Fran
International Airport............................... 100,000,000
San Francisco, California, Muni Third Street Light Rail
Project............................................. 10,000,000
San Juan, Puerto Rico, Tren Urbano Rapid Transit System. 44,620,000
Santa Clara County, California, Silicon Valley Rapid
Transit Corridor Project............................ 2,500,000
Seattle, Washington, Central Link Initial Segment....... 80,000,000
Sound Transit Sounder Commuter Rail, Lakewood to
Nisqually, Washington............................... 4,000,000
South Shore Commuter Rail, Indiana...................... 2,500,000
St. Louis, Missouri/Metrolink St. Clair Extension....... 60,436
Stamford, Connecticut Urban Transitway, Phase 2......... 3,000,000
Washington County, Oregon, Wilsonville to Beaverton
Commuter Rail Project............................... 9,000,000
Washington, DC/Largo Extension, Maryland................ 76,770,615
Resort corridor system extension, Las Vegas, NV.--The
conferees expect the FTA to continue to set aside sufficient
funds from the total amount of contingent commitment authority
available for full funding grant agreements for fiscal year
2005 for the Resort Corridor System Extension project while the
project works through a series of unanticipated technical
problems. The conferees look forward to receiving the
anticipated Full Funding Grant Agreement for this project once
those technical problems have been resolved.
Job Access and Reverse Commute Grants
The conference agreement provides $125,000,000 for JARC
programs. Funds provided for JARC projects are distributed as
follows:
Cleveland JARC Ohio..................................... $750,000
Abilene JARC, Texas..................................... 150,000
AC Transit--Calworks Job Center (Bay Area), California.. 5,000,000
Akron METRO Job Access and Reverse Commute, Ohio........ 300,000
ARC of Madison County, Alabama.......................... 350,000
Bedford Ride, Virginia.................................. 60,000
Brockton Area Transit Authority JARC, Massachusetts..... 600,000
Broome County Transit, Binghamton, New York............. 250,000
Central New York Job Access Reverse Commute, New York... 500,000
Chatham JARC, Georgia................................... 2,000,000
Children's Health Fund JARC, Tennessee.................. 500,000
City of Santa Fe, New Mexico............................ 400,000
Colorado Transit Coalition JARC......................... 3,250,000
Community Transportation JOBLINKS Demonstration......... 3,300,000
Connecticut Statewide JARC.............................. 2,500,000
Craig Transit JARC, Alaska.............................. 50,000
DCC Community Health & Safety Transport Project,
Michigan............................................ 300,000
Delaware Statewide Welfare to Work...................... 750,000
Detroit JARC, Michigan.................................. 1,750,000
Dooly-Crisp Unified Transportation System, Georgia...... 200,000
Easter Seals Central Alabama JARC....................... 500,000
El Paso JARC, Texas..................................... 500,000
Family Service Centers of Clearwater Ways to Work, FL... 500,000
Flint MTA JARC, Michigan................................ 2,000,000
Gees Bend Ferry, Alabama................................ 2,000,000
Georgetown, Washington, D.C. Metro Connection........... 1,250,000
Guaranteed Ride Program, California..................... 600,000
Hillsborough Area Regional Transit JARC, Florida........ 100,000
hOurCar Car-Sharing Program, Minnesota.................. 200,000
Illinois Statewide JARC................................. 500,000
IndyFlex, Indiana....................................... 1,250,000
Iowa Statewide JARC..................................... 2,000,000
Island Transit JARC, Texas.............................. 600,000
Jefferson County JARC, Alabama.......................... 3,000,000
Job Access Transit, Hayward, California................. 500,000
Jumpstart, Wisconsin.................................... 290,000
Kenai Peninsula JARC, Alaska............................ 600,000
Knox County CAC Transportation Program, Tennessee....... 500,000
Knoxville Area Transit Job Access Service, Tennessee.... 750,000
Louisiana Statewide JARC................................ 2,500,000
Louisville JARC, Kentucky............................... 1,150,000
Lubbock, Citibus JARC, Texas............................ 350,000
Maine Statewide JARC Program............................ 1,500,000
MARC, Kansas............................................ 500,000
Maryland Statewide JARC................................. 2,700,000
MASCOT Mat-su Valley, Alaska............................ 200,000
Metro St. Louis Downtown Shuttle Trolley, Missouri...... 950,000
Metropolitan Access to Jobs Initiative, Fargo, North
Dakota.............................................. 100,000
Metropolitan Access to Jobs Initiative, North Dakota.... 100,000
Metropolitan Council Job Access, Minneapolis, Minnesota. 1,000,000
Missouri Statewide JARC................................. 5,500,000
Mobile Association for Retarded Citizens, Alabama....... 250,000
Mobility Coalition, Alaska.............................. 500,000
Muncie Indiana Transit System JobConnection, Indiana.... 140,000
New Jersey Statewide JARC............................... 5,250,000
New Mexico Statewide JARC............................... 2,150,000
North Central Puget Sound Vehicle Trip Reduction
Incentives, Washington.............................. 1,000,000
North Oakland Transportation Authority, Michigan........ 150,000
North Star Borough Transit JARC, Alaska................. 75,000
Okanogan County Senior Citizens JARC, Washington........ 226,430
Oklahoma Statewide JARC................................. 8,000,000
Operation Ride DuPage, DuPage County, Illinois.......... 500,000
Patrick Henry Community College, Virginia............... 25,000
Philadelphia Unemployment Project (PUP), Pennsylvania... 1,500,000
Pittsburgh JARC, Pennsylvania........................... 2,800,000
Platform Additions and Extensions on San Bernardino
Line, California.................................... 2,000,000
Port Authority of Allegheny County JARC, Pennsylvania... 6,250,000
Portland Regional JARC, Oregon.......................... 2,300,000
Poughkeepsie JARC, New York............................. 50,000
Ray Graham Association for People With Disabilities,
Illinois............................................ 130,000
Red Rose Transit Authority, Lancaster, Pennsylvania..... 633,000
Rhode Island Statewide JARC............................. 1,650,000
Rochester-Genesee Regional Transportation Authority, New
York................................................ 750,000
Rogue Valley Transit District JARC, Oregon.............. 200,000
Sacramento Region JARC, California...................... 2,000,000
Salem Keizer Transit JARC, Oregon....................... 200,000
SEPTA JARC, Pennsylvania................................ 3,500,000
Seward Transit JARC, Alaska............................. 200,000
SRTA Elderly Van Service, Massachusetts................. 400,000
Statewide Small Urban and Rural Public/Specialized
Transportation Services (JARC), Nevada.............. 2,000,000
Suffolk County United Veterans, New York................ 200,000
Tennessee Statewide JARC................................ 6,000,000
Toledo JARC, Ohio....................................... 350,000
Tompkins Consolidated Area Transit JARC, New York....... 100,000
Vermont Statewide JARC.................................. 1,000,000
Veterans Wheelchair Olympic Games, Alaska............... 100,000
VIA Metropolitan JARC, Texas............................ 750,000
Washington Metro Job Access Initiative.................. 2,500,000
Washington State Transit Car Sharing Job Access,
Washington.......................................... 2,000,000
Ways to Work, Minnesota................................. 1,975,000
Ways to Work, Wisconsin................................. 1,000,000
West Virginia Statewide JARC............................ 1,000,000
Western Reserve Transit Job Access Program, Ohio........ 750,000
Wichita Transit Authority JARC, Kansas.................. 400,000
Wisconsin Statewide JARC................................ 2,600,000
WorkFirst Transportation Initiative, Washington......... 1,598,570
Wyandotte Co/KCK JARC, Kansas........................... 500,000
Washington Metropolitan Area Transit Authority JARC.--The
conferees direct FTA to permit WMATA to reprogram funds
currently and previously appropriated for WMATA's JARC program
to be used to provide ADA paratransit service to persons who
are eligible for such service under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the
guidelines for WMATA's MetroAccess program.
General Provisions--Federal Transit Administration
The conference agreement includes a provision (Section
160) that exempts previously made transit obligations from
limitations on obligations, as proposed by both the House and
Senate.
The conference agreement includes a provision (Section
161) that allows funds for discretionary grants of the Federal
Transit Administration for specific projects, except for fixed
guideway modernization projects, not obligated by September 30,
2005, and other recoveries, to be used for other projects under
49 U.S.C. 5309, as proposed by both the House and Senate.
The conference agreement includes a provision (Section
162) that allows transit funds appropriated before October 2,
2003, that remain available for expenditure to be transferred,
as proposed by both the House and Senate.
The conference agreement includes a provision (Section
163) that prohibits Federal transit grantees from obligating or
expending funds after February 1, 2004, that would otherwise be
available in the Act, if the grantee is involved directly or
indirectly with any activity, including displaying or
permitting to be displayed advertisements on its land,
equipment, or in its facilities, that promotes the legalization
or medical use of substances listed in schedule I of section
202 of the Controlled Substances Act, as proposed by the House.
The conference agreement includes a provision (Section
164) that allows the restoration of obligation authority to
formula grants funds that were reduced due to FTA violations of
the Antideficiency Act, as proposed by the House.
The conference agreement includes a provision (Section
165) that allows funds made available for Alaska and Hawaii
ferry boats or ferry terminal facilities to be used to
construct new vessels and facilities or to improve existing
vessels and facilities, as proposed by the Senate.
The conference agreement includes a provision (Section
166) that allows unobligated funds for new projects under
Federal Transit Authority to be used during this fiscal year to
satisfy expenses incurred for such projects, as proposed by the
Senate.
The conference agreement includes a provision (Section
167) that expands authorization allowing cooperative
procurement of major capital equipment to 5 pilot projects, as
proposed by the Senate.
The conference agreement includes a provision (Section
168) that allows amounts previously made available to the Port
Authority of Allegheny County to be used for bus purchases, as
proposed by the Senate.
The conference agreement includes a provision (Section
169) that allows a transfer of Greater New Haven Transit
District bus funding for transit research, as proposed by the
Senate.
The conference agreement includes a provision (Section
170) that allows amounts previously made available to Matanuska
Susitna Borough for ferry boats to be used for an intermodal
facility, as proposed by the Senate.
The conference agreement includes a provision (Section
171) that relates to bus funds for Honolulu, Hawaii, as
proposed by the Senate.
The conference agreement includes a provision (Section
172) that allows the Navy to receive funds from Hawaii for
ferry boats for transportation services for the Arizona War
Memorial, as proposed by the Senate.
The conference agreement includes a provision (Section
173) that directs FTA to comply with the coordinated
development and governmental funding requirements of Section
3042 of the Federal Transit Act of 1998, as proposed by the
Senate.
The conference agreement includes a provision (Section
174) that modifies the calculation of the non-New Starts share
of funding for the San Francisco Muni Third Street Light Rail
Project, as proposed by the House.
The conference agreement includes a provision (Section
175) that allows a transfer of funding for Vermont Commuter
Rail to upgrade an existing rail project, as proposed by the
Senate.
The conference agreement includes a provision (Section
176) that allows unobligated funds made available to the
Oklahoma Transit Association in Public Law 108-7 to instead be
made available to the Metropolitan Tulsa Transit Authority and
the Central Oklahoma Transportation and Parking Authority for
any project or activity authorized under the JARC program, as
proposed by the House.
The conference agreement includes a provision (Section
177) that allows urbanized area formula grant funds and capital
investment or discretionary grant funds awarded to the New York
City Department of Transportation to be made available to the
New York Metropolitan Transportation Authority for eligible
capital projects.
The conference agreement includes a provision (Section
178) that allows small urbanized areas that became part of the
metropolitan Houston, Texas urbanized area, but lie outside the
service area of the principal public transportation agency that
serves that urbanized area to use funds made available to carry
out 49 U.S.C. 5307 in fiscal year 2005.
The conference agreement includes a provision (Section
179) that allows funds made available to the Hawthorne-Warwick
Commuter Rail Project to be reallocated for other projects.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The conference agreement includes $15,900,000 for the
Operations and Maintenance of the Saint Lawrence Seaway
Development Corporation as proposed by both the House and
Senate. The conferees designate that $1,500,000 of this total
is for concrete replacement at Eisenhower and Snell Locks, as
proposed by the House.
Maritime Administration
MARITIME SECURITY PROGRAM
The conference agreement includes $98,700,000 for the
maritime security program as proposed by the House and Senate.
OPERATIONS AND TRAINING
The conference agreement includes $109,478,000 for
MARAD's operations and training account, instead of
$106,400,000 as proposed by the House and $110,910,000 as
proposed by the Senate. The conference agreement allocates the
funds for operations and training as follows:
[In thousands of dollars]
Activity Conference level
U.S. Merchant Marine Academy:
Salary and benefits................................. $23,753
Midshipmen program.................................. 6,303
Instructional program............................... 3,448
Program direction and administration................ 2,945
Maintenance, repair & operating requirements........ 6,327
Capital improvements................................ 13,138
--------------------------------------------------------
____________________________________________________
Subtotal, USMMA................................... 55,914
========================================================
____________________________________________________
State Maritime Schools:
Student incentive payments.......................... 1,200
Direct schoolship payments.......................... 1,200
Schoolship maintenance and repair................... 8,090
--------------------------------------------------------
____________________________________________________
Subtotal, State Maritime Academies................ 10,490
========================================================
____________________________________________________
MARAD Operations:
Salaries and benefits............................... 26,112
Non-salary base..................................... 10,448
--------------------------------------------------------
____________________________________________________
Subtotal--Base operations......................... 36,560
Enterprise architecture & IT security upgrades...... 150
DOT working capital fund (IT consolidation)......... 4,560
GSA space........................................... 94
DOT Electronic Government........................... 100
Inland waterway conditions and performance report... 1,000
Security Training Center............................ 610
--------------------------------------------------------
____________________________________________________
Subtotal, MARAD Operations........................ 43,074
========================================================
____________________________________________________
Subtotal, Operations and Training................. 109,478
The conferees provide $610,000 as a one-time
appropriation for relocation and reconfiguration of the CAPE
CHALMERS from the National Defense Reserve Fleet to the Federal
Law Enforcement Training Center in Charleston, South Carolina
to establish a maritime security professional training center.
Funds shall not be used for training purposes or for
administration purposes associated with the Federal Law
Enforcement Training Center.
The conferees provide $1,000,000 to prepare a conditions
and performance report and needs assessment for the inland
waterways system. In developing the conditions and performance
and needs assessment report, MARAD should consider and evaluate
the potential for applying information technology and data
management to the inland waterways infrastructure to address
increased transportation demands.
Base Ops Breakout.--The conferees direct MARAD to
comprehensively delineate the antecedent line item elements,
along with their associated, requested funding levels, that
encompass base operations within future, officially submitted
budget justifications to the House and Senate Committees on
Appropriations.
SHIP DISPOSAL
The conference agreement includes $21,616,000 for the
disposal of obsolete vessels of the National Defense Reserve
Fleet as proposed by the Senate, instead of $19,116,000 as
proposed by the House.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $4,764,000 for
administration expenses of the maritime guaranteed loan program
(Title XI) as proposed by the House and Senate. This level is
adequate to fund the three requested full time equivalents to
improve the administration and oversight of the Title XI loan
process, as recommended by the DOT Inspector General. Further,
MARAD is prohibited from detailing any personnel overseeing the
Title XI program to any other modal administration, including
the Office of the Secretary, without the advance consent of
both the House and Senate Committees on Appropriations. In
addition, the conferees direct MARAD to implement the
additional three recommendations detailed in the Inspector
General's follow-up audit of the Title XI program dated
September 28, 2004, and make available up to $2,000,000 of the
Title XI funds provided under Public Law 108-11 to be used to
develop and acquire a comprehensive computer-based financial
monitoring system.
NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM
The conference agreement amends a provision included in
the Senate bill and includes $75,000,000 for the National
Defense Tank Vessel Construction Program authorized under
Public Law 108-136.
SHIP CONSTRUCTION
(RESCISSION)
The conference agreement includes a rescission of
unobligated balances totaling $1,979,000 from the dormant ship
construction account as proposed by the House, instead of
$1,900,000 as proposed by the Senate.
General Provisions--Maritime Administration
The conference agreement includes a provision (Sec. 180)
that authorizes MARAD to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of
MARAD, and allow payments received to be credited to the
Treasury, as proposed by both the House and Senate.
The conference agreement includes a provision (Sec. 181)
that does not allow obligations to be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
The conference agreement provides $47,115,000 for
Research and Special Programs, instead of $46,790,000 as
proposed by the House and $49,000,000 as proposed by the
Senate. Funding for the Office of Emergency Transportation has
been transferred to the Office of the Secretary, as proposed by
the House. The agreement approves a staffing level of 225 and
includes the following funding allocations:
Hazardous Materials Safety.............................. $25,159,000
Research and Technology................................. 2,434,000
Program Support......................................... 19,572,000
PIPELINE SAFETY
The conference agreement provides $69,769,000 for the
Office of Pipeline Safety, instead of $68,466,000 as proposed
by the House and $71,073,000 as proposed by the Senate. The
conferees approve 4 additional pipeline inspectors, instead of
2 as proposed by the House and 6 as proposed by the Senate.
Oil Spill Liability Trust Fund.--The conferees strongly
agree with language contained in both the House and Senate
reports regarding the oil spill liability trust fund. The
fiscal year 2006 budget justification should adequately address
the allocation of resources, containing an itemization of how
these funds are being allocated within OPS, as proposed by the
House.
Natural Gas Distribution Pipeline Safety.--In lieu of
directives proposed by the Senate, the conferees direct the
Office of Pipeline Safety to report to the House and Senate
Committees on Appropriations by May 1, 2005, detailing the
extent to which integrity management plan [IMP] elements may be
applied to the natural gas distribution pipeline industry in
order to enhance distribution system safety. This report should
detail the IMP implementation approach for operators of natural
gas distribution pipelines, including development of guidance
for adoption by states, and publication and promotion of best
practices and development of national consensus standards and/
or federal or state regulation. In addition, the report should
include specific milestones and performance measures on the
actions that will be necessary to carry out the IMP initiative
and should examine the financial implications of an IMP and
impacts on natural gas consumers. The Administrator shall
provide quarterly updates to the House and Senate Committees on
Appropriations regarding the status of the implementation.
Public Safety and Education Programs.--The conferees
include $750,000 for RSPA to create a clearinghouse to evaluate
public safety and education efforts, as proposed by the Senate.
Small Gas Distribution Systems.--The conferees encourage
the Office of Pipeline Safety to work closely with and assist
existing organizations and foundations in efforts to develop
and deliver educational tools and materials to small gas
utilities. The conferees support those efforts focused on
operating and maintenance procedures that will help prevent
incidents, rapidly and safely control hazards and restore
service in the event of accidental or intentional damage to
pipelines.
EMERGENCY PREPAREDNESS GRANTS
The conference agreement provides a total of $14,500,000
for Emergency Preparedness Grants, as proposed by both the
House and the Senate.
Office of Inspector General
SALARIES AND EXPENSES
The conference agreement includes $59,000,000 for the
Office of Inspector General, as proposed by the Senate.
Surface Transportation Board
SALARIES AND EXPENSES
The conference agreement provides a funding level of
$21,250,000 for the Surface Transportation Board to fund
salaries and expenses from a direct appropriation, as proposed
by the Senate. The conference agreement includes language that
allows the Board to offset $1,050,000 of this appropriation
from fees collected during the fiscal year, as proposed by the
Senate.
The conference agreement approves a level of 150 FTE for
the Board, as proposed by the Senate.
General Provisions--Department of Transportation
(INCLUDING TRANSFER OF FUNDS)
Section 185 permits appropriations to the Department of
Transportation to be available for maintenance and operation of
aircraft; hire of passenger motor vehicles and aircraft;
purchase of liability insurance for motor vehicles operating in
foreign countries on official department business; and uniforms
or allowances by law, as proposed by the House and Senate.
Section 186 allows funds for the Department of
Transportation to be available for services as authorized by 5
U.S.C. 3109, as proposed by the House and Senate.
Section 187 prohibits funds to be used for salaries and
expenses of more than 106 political and Presidential appointees
in the Department of Transportation, and requires that none of
the personnel covered by this provision may be assigned on
temporary detail outside DOT, as proposed by the House and
Senate.
Section 188 prohibits funds from being used to implement
section 404 of title 23, United States Code, as proposed by the
House and Senate.
Section 189 prohibits the dissemination of personal
information obtained by a State department of motor vehicles in
connection with a motor vehicle record, as proposed by the
House and Senate.
Section 190 permits funds received by specified DOT
agencies from States or other private or public sources for
expenses incurred for training to be credited to certain
specified agency accounts, as proposed by the House and Senate.
Section 191 authorizes the Secretary of Transportation to
allow the issuer of any preferred stock sold to the Department
to redeem or repurchase such stock upon the payment to the
Department of an amount determined by the Secretary, as
proposed by the House and Senate.
Section 192 prohibits funds to be used to make a grant
unless the Secretary of Transportation notifies the House and
Senate Committees on Appropriations no less than 3 days in
advance of any discretionary grant award, letter of intent, or
full funding grant agreement totaling $1,000,000, as proposed
by the House and Senate.
Section 193 allows certain rebates, refunds, and related
payments to be credited to appropriations of the Department of
Transportation, as proposed by the House and Senate.
Section 194 requires that amounts determined to represent
recoveries of improper payments should be available for certain
specified expenses, as proposed by the House and Senate.
Section 195 authorizes the Secretary of Transportation to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salary and
Expenses'' to ``Minority Business Outreach'', as proposed by
the House and Senate.
Section 196 prohibits funds from being obligated to
approve assessments or reimbursable agreements pertaining to
funds appropriated to the modal administrations, as proposed by
the House and Senate.
Section 197 limits working capital fund obligations to
$130,210,000.
Section 198 specifies that the City of Norman, Oklahoma
shall be considered to be part of the Oklahoma City urbanized
area for fiscal years 2004 and 2005.
Section 199 amends 49 U.S.C. 41716(b) relating to
exemptions for air service to small and nonhub airports. The
conferees believe the DOT and FAA should take steps to
encourage airline service to small hub airports. Air service
plays a critical role in the economic development of
communities serviced by small hub airports. Continued economic
growth for these communities and their airports is dependent
upon having access to large hub airports. Therefore, DOT and
FAA are urged to make it their highest priority to allocate
permanent slots at LaGuardia Airport to allow the communities
of Akron-Canton, Ohio and Newport News-Williamsburg, Virginia
to each have permanent third roundtrips to LaGuardia with stage
III aircraft with no less than 110 and no more than 125 seats.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $157,559,000 for departmental offices of
the Treasury Department instead of $177,000,000 as proposed by
the House and $161,313,000 as proposed by the Senate. The
conferees direct the funds to be allocated as follows:
Executive Direction..................................... $7,274,000
General Counsel......................................... 7,200,000
Economic Policies and Programs.......................... 31,657,000
Financial Policies and Programs......................... 26,072,000
Terrorism and Financial Intelligence.................... 10,633,000
Treasury Wide Management................................ 16,760,000
Administration.......................................... 57,963,000
Provides $100,000 for official representation and
reception expenses instead of $75,000 as proposed by the House
and $150,000 as proposed by the Senate. Fiscal year 2005
representation and reception expenses for the other bureaus and
offices of the Department are provided under the specific
appropriating paragraphs as proposed by the Senate.
Deletes the provision proposed by the House setting
aside funds for the Office of Foreign Assets Control (OFAC).
The conferees have provided resources for OFAC under a separate
header as proposed by the Senate and retained the provision
allowing for the transfer of funds to that account.
Deletes the provision proposed by the House limiting
travel expenses to $2,750,000. The Senate did not include a
similar provision. The conferees direct the Secretary to submit
quarterly reports to the House and Senate Committees on
Appropriations providing details, including expenses, for all
Treasury employee foreign travel and the domestic travel for
Treasury employees at the SES level and above.
Deletes the provision proposed by both the House and the
Senate setting aside $2,900,000 for grants to state and local
law enforcement to fight money laundering. While the conferees
support the efforts of law enforcement, the Department has not
obligated any of the funds provided in fiscal year 2004 for
these activities. The conferees direct the Department to
obligate the funds in a timely manner.
Modifies the provision proposed by the Senate allowing
for the transfer of funds between Office activities through
reprogramming actions. The conferees limit transfers to 2.5%
instead of the Senate proposed 5%. The House did not include a
similar provision.
As proposed by the Senate, the conferees deny the request
to reimburse the Department of Homeland Security $2,400,000 for
protective services.
Retains the Senate provisions specifying $1,900,000 and
five FTE for the Office of Emergency Preparedness, $1,000,000
to promote basic financial literacy and education, and
$1,000,000 for critical infrastructure protection research and
development.
Modifies the direction proposed by the Senate under
Financial Crimes Enforcement Network (FinCEN) regarding
duplicative systems in FinCEN and the IRS. The conferees direct
the Secretary to certify within 30 days of enactment of this
Act that FinCEN's BSA information collection system is the only
system of its sort under development. Further, none of the
funds provided to the IRS for information technology projects
may be obligated until the Secretary provides such
certification.
Office of Foreign Assets Control
SALARIES AND EXPENSES
Appropriates $22,291,000 for salaries and expenses as
proposed by the Senate. The House proposed funding the office
within the amounts provided for departmental offices. The
conferees assume no less than 138 FTE will be funded under this
resource level.
Department-Wide Systems and Capital Investments Programs
(INCLUDING TRANSFER OF FUNDS)
Appropriates $32,260,000 for the Department's systems and
capital investments. The conference agreement assumes
$1,500,000 for appliance-based computer security technology as
described in the House report, $400,000 for enterprise
architecture, and $500,000 for certificate-based internet
security as described under ``Departmental Offices'' in the
House report. In addition, not to exceed $2,500,000 is
available for e-gov activities.
The conferees direct the Department to better detail the
e-gov activities in future budget justifications, including
associated costs and Department-specific benefits. As proposed
by the Senate, the conferees have not provided $275,000 as
requested for information technology governance.
Office of Inspector General
SALARIES AND EXPENSES
Appropriates $16,500,000 for salaries and expenses of the
Inspector General's office as proposed by the House, instead of
$16,158,000 as proposed by the Senate. The conferees direct the
Inspector General to allocate the amounts over the budget
request evenly between audit and investigation activities.
Retains language allowing up to $2,500 to be used for
official reception and representation expenses as proposed by
the Senate. The House did not identify funds for such purposes.
The conferees direct the IG to complete the audit on the
Treasury Building and Annex repair and restoration project,
including building code compliance, and issue a final report by
April 4, 2005. The conferees modify the direction of the House
regarding employee-driven cost overruns and request that the IG
identify costs associated with employee delays on planned moves
into alternative space during restoration phases.
The conferees retain the directive in the House report
regarding a status report on creation of the Financial Crimes
Enforcement Network's Office of Compliance with a reporting
date of March 11, 2005.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriates $129,126,000 for salaries and expenses of
the Tax Inspector General's office as proposed by both the
House and the Senate.
Retains language allowing up to $1,500 to be used for
official reception and representation expenses as proposed by
the Senate. The House did not identify funds for such purposes.
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT
Appropriates $2,000,000 for the air transportation
stabilization program as proposed by both the House and the
Senate.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
Appropriates $12,316,000 for the repair and restoration
of the Treasury building and annex as proposed by the Senate
instead of $20,316,000 as proposed by the House. The conference
agreement does not include the House proposal to transfer funds
to the Office of Inspector General.
EXPANDED ACCESS TO FINANCIAL SERVICES
(RESCISSION)
Rescinds $4,000,000 from unobligated balances as proposed
by both the House and the Senate.
VIOLENT CRIME REDUCTION PROGRAM
(RESCISSION)
Rescinds $1,200,000 from the violent crime reduction
program as proposed by the Senate. The House proposed
rescinding $1,000,000.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriates $72,502,000 for the Financial Crimes
Enforcement Network (FinCEN) as proposed by the Senate instead
of $90,002,000 as proposed by the House. The conference
agreement provides up to $14,000 for official representation
and reception expenses and $7,500,000 for BSA Direct as
proposed by the Senate, and a new provision allowing up to
$350,000 from available funds to be used for costs associated
with the 2005 Annual Plenary of the Egmont Group. The House did
not include similar provisions. The conferees retain the
requirement included in the Senate report directing the FinCEN
Director to report to the Committees on Appropriations on any
delay, deviation, or cost change to the BSA Direct program.
The conference agreement includes $3,000,000 over the
budget request to hire no less than 18 full time equivalent
positions for the Bank Secrecy Act (BSA) compliance program as
proposed by the Senate. The conferees retain the directive
proposed by the Senate that resources provided over the budget
request may only be used by the Office of Compliance or the
Office of Regulatory Support, and shall not be used for any
other purpose without the written approval from the House and
Senate Committees on Appropriations.
Financial Management Service
SALARIES AND EXPENSES
Appropriates $230,930,000 for salaries and expenses as
proposed by both the House and the Senate. In addition, the
conference agreement allows for up to $2,500 to be used for
official reception and representation expenses as proposed by
the Senate. The House did not identify funds for such purpose.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriates $83,000,000 for salaries and expenses of the
alcohol and tobacco tax and trade bureau as proposed by the
Senate, instead of $82,542,000 as proposed by the House. Funds
over the budget request are to be used to establish an
information technology infrastructure independent from the
Bureau of Alcohol, Tobacco and Firearms. The Bureau is to
report to the Committees by March 1, 2005 as directed by the
Senate.
In addition, the bill allows for up to $6,000 to be used
for official reception and representation expenses as proposed
by the Senate. The House did not identify funds for such
purpose.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Limits expenditures from the Fund to $24,000,000 for
operations, instead of $41,100,000 as proposed by both the
House and the Senate.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriates $175,166,000 for the salaries and expenses
of the bureau of public debt as proposed by both the House and
the Senate. In addition, the bill allows for up to $2,500 to be
used for official reception and representation expenses as
proposed by the Senate. The House did not identify funds for
such purpose.
Internal Revenue Service
The conferees direct the Commissioner to include an IRS
operating plan with the plan submitted by the Treasury 60 days
after enactment of this Act as described in the House report.
Retains language regarding workforce alignment activities
as proposed by Senate. The House included a similar provision
with a difference in reporting dates.
PROCESSING, ASSISTANCE AND MANAGEMENT
Appropriates $4,089,574,000 for costs associated with
processing, assistance and management of the Service instead of
$4,071,824,000 as proposed by the House and $4,107,325,000 as
proposed by the Senate. Of the funds provided, the conferees
have set aside $4,100,000 for tax counseling for the elderly,
$8,000,000 for low-income taxpayer clinics, and up to $25,000
for official representation and reception expenses. The
conference agreement does not include provisions regarding
postage as proposed by the Senate.
TAX LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $4,398,729,000 for enforcement instead of
$4,278,107,000 as proposed by the House and $4,519,350,000 as
proposed by the Senate. Allows for the transfer of up to
$10,000,000 from the Social Security Administration as proposed
by the House.
The conferees direct the Commissioner to submit quarterly
reports regarding IRS's progress on compliance activities as
proposed by the Senate.
The conferees direct GAO to review IRS and FinCEN
compliance with the requirements of the Bank Secrecy Act as
proposed by the Senate.
INFORMATION SYSTEMS
Appropriates $1,590,492,000 for information systems
instead of $1,622,093,000 as proposed by the House and
$1,606,768,000 as proposed by the Senate.
BUSINESS SYSTEMS MODERNIZATION
Appropriates $205,000,000 for business system
modernization instead of $285,000,000 as proposed by the House
and $125,000,000 as proposed by the Senate. The conferees
retain the requirement directed by both the House and the
Senate regarding GAO review and Committee approval of the
annual spend plan.
The conference agreement does not include a rescission of
fiscal year 2004 funds proposed by the Senate.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
Appropriates $34,841,000 for administration of the health
insurance tax credit program as proposed by both the House and
the Senate.
General Provisions--Internal Revenue Service
Retains four general provisions proposed by the Senate.
The House included similar provisions under the Department-wide
general provision section.
General Provisions--Department of the Treasury
Retains nine general provisions proposed by the House.
The Senate included similar provisions with minor grammatical
differences.
Retains the provision proposed by the Senate extending
authority for the Franchise Fund indefinitely. The House
proposed extending the Fund for one year.
Retains the provision proposed by the Senate regarding
the Check Forgery Insurance Fund. The House included a similar
provision with a minor grammatical difference.
Retains the provision proposed by the Senate directing
the Secretary to provide a report on currency manipulation to
the Committees on Appropriations. The conferees direct the
Secretary to also address the reporting requirements directed
in the House and Senate reports, and include trade data of
China's other trade partners in his analysis.
Includes a provision streamlining the process for
official oversight of IRS field office operations by designated
individuals.
Modifies the provision proposed by the Senate regarding
the creation of the Office of Terrorism and Financial
Intelligence in regard to reporting authority. The House did
not include a similar provision.
Deletes the provision proposed by the Senate regarding
Cuba travel.
TITLE III
Executive Office of the President and Funds Appropriated to the
President
COMPENSATION OF THE PRESIDENT
The conference agreement provides $450,000 for
compensation of the President as proposed by both the House and
Senate.
WHITE HOUSE OFFICE
SALARIES AND EXPENSES
The conference agreement provides $62,000,000 instead of
$59,525,000 as proposed by the House and $63,698,000 as
proposed by the Senate. The conference agreement allows up to
$9,975,000 in reimbursements to the White House Communications
Agency as proposed by the Senate instead of $8,345,395 as
proposed by the House. The bill specifies that, of the total
funding provided, $2,475,000 is for the Homeland Security
Council. The House had proposed a similar funding level in a
separate appropriation. The Senate bill assumed $4,173,000
under this appropriation. The conferees agree to technical
wording differences as proposed by the House.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
The conference agreement provides $12,760,000 as proposed
by both the House and the Senate.
REIMBURSABLE EXPENSES
The conference agreement includes bill language on
reimbursements as proposed by both the House and the Senate and
identical to language carried in fiscal year 2004.
WHITE HOUSE REPAIR AND RESTORATION
The conference agreement provides $1,900,000 as proposed
by both the House and the Senate.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
The conference agreement provides $4,040,000 as proposed
by both the House and the Senate.
OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES
The conference agreement provides $2,300,000 instead of
$2,267,000 as proposed by the House and $2,392,000 as proposed
by the Senate.
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES
The conference agreement provides $8,932,000 as proposed
by both the House and the Senate.
HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
The conference agreement deletes the appropriation of
$2,475,000 proposed by the House. Funding is provided under
``White House office, salaries and expenses''.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
The conference agreement provides $92,269,000 instead of
$92,696,000 as proposed by the House and $92,869,000 as
proposed by the Senate. The agreement withholds the obligation
of $4,000,000 in capital investment plan funds until
submission, review, and approval of a report on enterprise
architecture, as proposed by the House. Adjustments to the
budget estimate are as follows:
Adjustment Conference agreement
Enterprise services program savings..................... -$400,00
Business process analysis and consulting................ -200,000
Restoration of OMB to enterprise services program....... +7,193,000
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
The conference agreement provides $68,411,000 as proposed
by the Senate instead of $67,759,000 as proposed by the House.
The bill limits reception and representation expenses to $1,500
as proposed by the House instead of $3,000 as proposed by the
Senate, and incorporates changes to the limitation on
transcript alteration proposed by the House. Further, the
agreement modifies the proposal of the Senate concerning OMB's
review of water resource project proposals of the Army Corps of
Engineers by specifying that the limitations are applicable for
fiscal year 2005 only.
Adjustments to the budget estimate are as follows:
Adjustment Conference agreement
Staffing adjustment..................................... -$1,600,000
Restoration of FASAB and JFMIP transfer................. +639,000
Restoration of OMB to enterprise services program....... -7,193,000
Office of National Drug Control Policy
SALARIES AND EXPENSES
The conferees agree to provide $27,000,000 for salaries
and expenses, as proposed by the Senate. Within this total, the
conference agreement retains specific funding and staffing
levels for ONDCP administrative offices as proposed in the
Senate report. In addition, 2.5 new FTE are approved to be
allocated to administrative offices at the Director's
discretion.
The conference agreement provides the following funding
levels for ONDCP offices:
Operations.............................................. $25,650,000
Office of the Director.............................. (3,315,500)
Office of the Deputy Director....................... (1,125,500)
Office Management and Administration................ (5,840,000)
Office of General Counsel........................... (1,065,000)
Office of Public Affairs............................ (2,130,000)
Office of Legislative Affairs....................... (700,000)
Counterdrug Tech. Assessment Center................. (760,000)
Office of Planning and Budget....................... (2,700,000)
Office of Demand Reduction.......................... (1,550,000)
Office of Media Campaign............................ (935,000)
Office of State and Local Affairs................... (2,554,000)
Office of Supply Reduction.......................... (2,310,000)
Office of Intelligence.............................. (665,000)
Policy Research......................................... 1,350,000
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $42,000,000 for the
counterdrug technology center, as proposed by the Senate. Of
this amount, the conferees agree to provide $24,000,000 for the
operation of the technology transfer program and $18,000,000
for counternarcotics research and development, as proposed by
the Senate.
The conference agreement retains language proposed by the
Senate directing the CTAC chief scientist to submit an
expenditures report prior to the obligation of funds. The
agreement also retains language directing CTAC to complete all
on-going technology acquisition projects and adhere to its
research and development spending plan, as proposed by the
Senate. The conferees agree with language proposed by the
Senate directing CTAC to expeditiously obligate all of its
research funding in pursuit of functions for which it was
appropriated.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $228,350,000 for the HIDTA
program, as proposed by the Senate. Of the funds provided, no
more than $2,000,000 shall be for the CPOT program and no less
than $2,000,000 shall be for new counties. The conferees agree
that HIDTAs designated as of September 30, 2004 shall be funded
at no less than the fiscal year 2004 initial allocations, as
proposed by the House.
The conferees encourage ONDCP to refocus the
distribution of excess funding on enhancing the domestic
interdiction of illegal drugs by launching additional
investigations, by disrupting and dismantling local mid-level
drug trafficking organizations and by supporting the HIDTA
Intelligence Support Centers.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $213,700,000 for Other
Federal Drug Control Programs, instead of $195,000,000 as
proposed by the House and Senate. Within the amount provided,
the agreement provides the following allocations:
National Youth Anti-Drug Media Campaign................. $120,000,000
Drug Free Communities Support Program................... 80,000,000
Community Anti-Drug Coalitions...................... (2,000,000)
Counterdrug Intelligence Executive Secretariat.......... 2,000,000
National Drug Court Institute........................... 750,000
National Alliance for Model State Drug Laws............. 1,000,000
U.S. Anti-Doping Agency................................. 7,500,000
World Anti-Doping Agency Membership Dues................ 1,450,000
Performance Measures Development........................ 1,000,000
The conference agreement directs ONDCP to maintain
funding for nonadvertising services for the Media Campaign at
no less than the FY03 ratio of service funding to total funds
and to re-institute the corporate outreach program as it
operated prior to its cancellation. The conferees direct ONDCP
to obligate the appropriation for NAMSDL expeditiously,
although not outside normal grant procedures. In addition, the
conferees retain language as proposed by the Senate directing
ONDCP to submit the planned performance measures development
plan.
UNANTICIPATED NEEDS
The conference agreement provides $1,000,000 as proposed
by both the House and the Senate.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
The conference agreement provides $4,571,000 as proposed
by both the House and the Senate, and adopts the header as
proposed by the Senate.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $333,000 as proposed by
both the House and the Senate, and adopts the header as
proposed by the Senate.
TITLE IV--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
SALARIES AND EXPENSES
The conference agreement includes $5,686,000 as proposed
by the House and Senate.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $14,000,000 for salaries and expenses of the
Commission instead of $15,000,000 as proposed by the House and
$10,000,000 as proposed by the Senate. The conferees direct the
Commission to cap employment at 22 full time equivalent
positions and that of the funds provided, no more than
$2,515,000 shall be for personnel compensation and benefits.
Transfers $2,800,000 to the National Institute of
Standards and Technology (NIST) as proposed by the Senate,
instead of up to $2,500,000 as proposed by the House. The
conferees direct the Commission to report by March 2, 2005 on
the activities and resources planned in fiscal year 2005 on
research and standards, including those at NIST. In addition,
the conferees provide $200,000 for the national student parent
mock election and $200,000 for the Help America Vote College
Program.
The conferees did not retain the provision proposed by
the House prohibiting funds from being used to lobby for an
election date change. However, the conferees agree that the
Commission should focus its efforts and resources on the
priorities outlined in the Help America Vote Act of 2002 such
as making grants and setting standards.
Federal Election Commission
SALARIES AND EXPENSES
Appropriates $52,159,000 for salaries and expenses of the
Commission as proposed by both the House and the Senate.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriates $25,673,000 for salaries and expenses as
proposed by the Senate, instead of $29,673,000 as proposed by
the House.
RESCISSION
Rescinds $3,000,000 from unobligated balances of the
Authority as proposed by the Senate. The House did not include
a similar provision.
Federal Maritime Commission
SALARIES AND EXPENSES
The conference agreement includes $19,496,000 as proposed
by the Senate, instead of $19,362,000 as proposed by the House.
General Services Administration
Real Property Activities
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
Provides resources from the Federal Buildings Fund in the
aggregate amount of $7,217,043,000 instead of $6,996,741,000 as
proposed by the House and $7,159,324,000 as proposed by the
Senate. Modifies the provision proposed by the Senate regarding
a Federal building in Tuscaloosa, Alabama to include
authorization for construction and management. The House did
not have a similar provision.
CONSTRUCTION
Limits funds for construction to $708,542,000 instead of
$522,251,000 as proposed by the House and $710,823,000 as
proposed by the Senate. The conference agreement provides funds
for the following projects:
Courthouses:
Los Angeles, CA..................................... $314,385,000
San Diego, CA....................................... 3,068,000
El Paso, TX......................................... 63,462,000
Las Cruces, NM...................................... 60,600,000
Border Stations:
Calais, ME.......................................... 3,269,000
Madawaska, ME....................................... 1,760,000
Warroad, MN......................................... 1,837,000
Alexandria Bay, NY.................................. 8,884,000
Massena, NY......................................... 15,000,000
Dunseith, ND........................................ 2,301,000
Portal, ND.......................................... 22,351,000
Del Norte, El Paso, TX.............................. 26,191,000
Ysleta, El Paso, TX................................. 2,491,000
Derby Line, VT...................................... 3,190,000
Norton, VT.......................................... 580,000
Richford, VT........................................ 589,000
Other:
FBI Building, Los Angeles, CA....................... 14,054,000
Southeast Federal Center Site Remediation, DC....... 2,650,000
10 West Jackson Place, Chicago, IL.................. 53,170,000
FDA Consolidation, Montgomery County, MD............ 88,710,000
Nonprospectus Construction.......................... 10,000,000
Judgment Fund repayment............................. 10,000,000
REPAIRS AND ALTERATIONS
Limits resources for repairs and alterations to
$980,222,000 as proposed by the Senate instead of $931,211,000
as proposed by the House. The bill specifies funding levels for
certain projects and various programs which were proposed in
the House and Senate bills. The conferees have provided
$2,000,000 for the steam distribution project in the District
of Columbia as proposed by the House and modified the amount
provided for design to $48,699,000 and the amount provided for
basic repairs and alterations to $393,500,000.
INSTALLMENT ACQUISITION PAYMENTS
Limits $161,442,000 for installment acquisition payments
as proposed by both the House and the Senate.
RENTAL OF SPACE
Limits $3,657,315,000 for rental of space instead of
$3,672,315,000 as proposed by the House and $3,597,315,000 as
proposed by the Senate.
BUILDING OPERATIONS
Limits $1,709,522,000 for building operations as proposed
by both the House and the Senate.
General Activities
GOVERNMENT-WIDE POLICY
Appropriates $62,100,000 for government-wide policy
activities as proposed by both the House and the Senate.
OPERATING EXPENSES
Appropriates $92,175,000 for operating expenses instead
of $82,175,000 as proposed by the House and $85,175,000 as
proposed by the Senate. Of the funds provided, the conferees
direct GSA to make the following distributions:
Ruffner Mountain Educational Facility, AL............... $500,000
Center for the Living Arts, AL.......................... 500,000
Alaska statehood celebration, University of Alaska...... 250,000
Way of a Champion, VA................................... 200,000
Washington State Border Communities Prosecution
Initiative.......................................... 1,000,000
University of North Dakota Government Services Rural
Outreach............................................ 300,000
Walla Walla, WA surplus Federal property study.......... 250,000
City of Maryville, MO for airport improvements.......... 450,000
Web Wise Kids........................................... 200,000
American Revolution Historical Literacy Project......... 700,000
City of Desert Hot Springs Civic Center, CA............. 425,000
Oklahoma City National Memorial Foundation.............. 3,000,000
Public Service Recognition Week......................... 150,000
B&O Railroad Museum Restoration, MD..................... 500,000
Center for Jewish History digitization project, NY...... 500,000
San Francisco, CA Muni Radio Replacement System......... 750,000
Kings County Hospital Redevelopment, NY................. 500,000
Aviation Education, NH Community Technical College,
Nashua, NH.......................................... 500,000
OFFICE OF INSPECTOR GENERAL
Appropriates $42,351,000 for the Inspector General as
proposed by both the House and the Senate.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriates $3,000,000 for e-gov activities as proposed
by the Senate instead of $5,000,000 as proposed by the House.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $3,106,000 for former presidents as proposed
by the Senate instead of $3,449,000 as proposed by the House.
EXPENSES, PRESIDENTIAL TRANSITION
Due to the outcome of the 2004 Presidential election, no
funds are needed for these purposes in fiscal year 2005. The
conferees have not provided additional funds proposed by the
House for activities associated with the President's second
term. The resources for these activities should be funded out
of the agencies and departments as necessary.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING RESCISSION OF FUNDS)
Continues six general provisions proposed by both the
House and the Senate and carried in prior Acts.
Retains the provision regarding the sale of the Middle
River Depot at Middle River, Maryland in consultation with
Baltimore County, Maryland officials as proposed by the Senate.
The House contained a similar provision without the Baltimore
County provision.
Retains the provision regarding contracts for property
studies, deed inspection, and relocation expenses as proposed
by both the House and the Senate.
Retains the provision rescinding $106,000,000 from the
Federal Buildings Fund as proposed by the Senate. The House did
not include a similar provision.
Retains the provision regarding changes to the Moss
United States Courthouse Annex Project in Salt Lake City, Utah
as proposed by the Senate. The House did not include a similar
provision.
Deletes the provision proposed by the Senate regarding
transfer of the Panama Canal Commission and associated
revolving fund to GSA. The House did not include a similar
provision and transfer was legislated in a prior Act.
Retains the provision regarding the conveyance of land
to Baton Rouge, Louisiana as proposed by the Senate. The House
did not include a similar provision.
Retains the provision allowing GSA to convey property and
retain the proceeds in the Federal Buildings Fund as proposed
by the House. The Senate did not include a similar provision.
Retains the provision regarding the conveyance of land in
Nahant, Massachusetts as proposed by the House. The Senate did
not include a similar provision.
Retains the provision regarding telecommunications
services in Federal buildings as proposed by the Senate. The
House did not include a similar provision.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $34,677,000, plus $2,626,000 from
appropriate trust funds, for salaries and expenses of the Board
as proposed by the Senate. The House proposed a funding level
of $34,683,000, and a transfer of $2,620,000 from the trust
funds.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $1,996,000 for the
Morris K. Udall Trust Fund, as proposed by the Senate.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The conference agreement provides $1,309,000 for the
Environmental Dispute Resolution Fund, as proposed by the
Senate.
National Archives and Records Administration
OPERATING EXPENSES
Appropriates $266,945,000 for operating expenses of the
Administration as proposed by the Senate instead of
$264,185,000 as proposed by the House.
ELECTRONIC RECORDS ARCHIVES
Appropriates $35,914,000 for the electronic records
archives as proposed by both the House and the Senate. Retains
the directive to GAO to report on program costs, schedule, and
performance by May 25, 2005.
REPAIRS AND RESTORATION
Appropriates $13,432,000 for repairs and restoration
instead of $7,182,000 as proposed by the House and $12,182,000
as proposed by the Senate. Retains bill language providing
$3,000,000 for site preparation and construction management for
the Pacific Alaska Regional Archives facility in Anchorage,
Alaska and $2,000,000 for repair and restoration of the plaza
of the Lyndon Baines Johnson Presidential Library in Austin,
Texas.
The conferees reiterate the concern about the delay in
repairing the plaza as stated in the Senate report. The
conferees direct the Archivist to require the President of the
University of Texas in Austin to submit a plan, including
project milestones, for plaza repair prior to any transfer of
funds to the University of Texas.
ln addition, the conferees direct $500,000 for technical
assistance to the Nixon Library in California, $750,000 for
technical assistance to the Roosevelt Library in New York, and
$1,000,000 for design and renovations to the Kennedy Library in
Massachusetts.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION--GRANTS PROGRAM
Appropriates $5,000,000 for the grant program as
proposed by the Senate instead of $3,000,000 as proposed by the
House.
National Transportation Safety Board
SALARIES AND EXPENSES
The conferees agree to provide $76,700,000 instead of
$76,925,000 as proposed by the House and $76,425,000 as
proposed by the Senate. Consistent with both the House and
Senate, the conferees direct NTSB to use funds over the
requested level to hire accident investigators. None of these
additional funds shall be used to enhance staffing at the
Academy. The conferees direct NTSB to report to both the House
and Senate Committees on Appropriations by April 4, 2005
regarding specific improvements to the budget justification
materials the Board has made and will make in compliance with
the directive contained in the statement of managers associated
with the fiscal year 2004 Transportation and Treasury and
Independent Agencies Appropriations Act.
(RESCISSION)
The conferees agree to rescind $8,000,000 in unobligated
balances associated with Public Law 106-246 as proposed by both
the House and Senate.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriates $11,238,000 for salaries and expenses of the
Office as proposed by both the House and the Senate.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriates $125,500,000 for salaries and expenses
instead of $120,444,000 as proposed by the House and
$130,600,000 as proposed by the Senate. Transfers a total of
$128,462,000 from appropriate trust funds for administrative
expenses, of which $27,640,000 is for automated record keeping,
as proposed by both the House and the Senate.
The conferees have not included bill language identifying
specific resource levels for various e-gov projects as proposed
by both the House and the Senate, but direct the Office not to
exceed the funding levels for the following projects:
$1,870,000 for the enterprise human resources integration
project, $6,219,000 for the federal payroll project, $748,000
for the e-human resources information system project, and
$1,887,000 for the e-clearance project. To accommodate the
obligation rate of these projects, the conference agreement
provides that $12,000,000 of the funds are made available until
September 30, 2007. No funds are provided for the recruitment
one stop project or the program evaluation and performance
assessment project.
In addition, the conference agreement provides $250,000
to complete the retirement readiness project. The conferees
urge the Office to expand the retirement readiness project to
non-federal employees.
Of the funds provided, the conference agreement allows
the Director the flexibility to allocate the budget resources
consistent with the direction provided in this statement of the
managers and the budget justifications. The conferees reiterate
the direction in the House report to submit an operating plan
within 60 days of enactment of this Act to the House and Senate
Committees on Appropriations detailing program funding levels
for fiscal year 2005.
Reiterates the House direction to the Director to respond
to the Butner Low Security Correctional Institution petition
within 30 days of enactment of this Act.
Modifies the House direction regarding pay and non-pay
compensation of the Federal workforce. The conferees direct the
Director to submit a report by March 4, 2005 comparing the pay
and non-pay compensation packages of the Federal workforce and
the private sector.
The conferees share the concerns expressed by the Senate
regarding child care and expect OPM and GSA, with technical
assistance from GAO, to work collaboratively to collect data on
child care needs, analyze options to meet the identified needs,
and provide the data and analysis to GAO. The conferees direct
GAO to review the data and analyses and provide an evaluation
of the results to the Committees on Appropriations. The
conferees expect an update on the status of these efforts 90
days after enactment of this Act. In addition, the conferees
reiterate the Senate direction to the Office to re-evaluate
efforts to inform low-income employees of programs to assist
with child care expenses.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriates $1,627,000, plus a transfer of $16,461,000
from appropriate trust funds for the Inspector General as
proposed by both the House and the Senate.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
Appropriates such sums as may be necessary for health
benefit payments, estimated to be $8,135,000,000, as proposed
by both the House and the Senate.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES LIFE INSURANCE
Appropriates such sums as may be necessary for life
insurance payments, estimated to be $35,000,000 as proposed by
both the House and the Senate.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
Appropriates such sums as may be necessary for the fund,
estimated to be $9,772,000,000, as proposed by both the House
and the Senate.
HUMAN CAPITAL PERFORMANCE FUND
No funds are provided for the performance fund as
proposed by the Senate, instead of $12,514,000 as proposed by
the House.
GENERAL PROVISION--OFFICE OF PERSONNEL MANAGEMENT
Retains the provision regarding the detail of executive
branch employees to the legislative branch as a general
provision under title VI as proposed by the House, instead of
under OPM as proposed by the Senate.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriates $15,449,000 for salaries and expenses of
the Counsel as proposed by both the House and the Senate.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The conference agreement provides $90,709,000 for the
payment to the Postal Service Fund, as proposed by the Senate.
Of this amount, $61,709,000 is provided as an advance
appropriation for free mail for the blind and overseas voters
to be available on October 1, 2005. The agreement also includes
$29,000,000 for repayment for revenue forgone.
EMERGENCY PREPAREDNESS
The conference agreement provides $507,000,000 for
emergency expenses to enable the Postal Service to protect
postal employees and postal customers from exposure to
hazardous materials in the mail, as proposed by the Senate. Of
this amount, $7,000,000 is specified as an emergency
requirement for the mail irradiation facility in Washington,
DC.
United States Tax Court
SALARIES AND EXPENSES
The conference agreement includes $41,180,000 as proposed
by the House and Senate.
TITLE V--GENERAL PROVISIONS
This Act
(INCLUDING TRANSFERS OF FUNDS)
Section 501 permits funds for pay raises for programs
funded in this Act, with a technical change as proposed by the
Senate. The House bill contained a similar provision.
Section 502 prohibits funds to be used for the planning
or execution of any program to pay the expenses of non-Federal
parties, as proposed by the House and Senate.
Section 503 prohibits funds from remaining available for
obligation beyond the current fiscal year unless expressly
provided in this Act, as proposed by the House and Senate.
Section 504 limits consulting service expenditures in
procurement contracts to those of public record, as proposed by
the House and Senate.
Section 505 prohibits funds from being transferred to any
department, agency, or instrumentality of the United States
Government unless approved in an appropriations Act, as
proposed by the House and Senate.
Section 506 prohibits funds for paying the salary of any
government employee that would prohibit the enforcement of
section 307 of the Tariff Act of 1930, as proposed by the House
and Senate.
Section 507 protects the employment rights of Federal
employees who return to their civilian jobs after assignment
with the Armed Forces, as proposed by the House and Senate.
Section 508 prohibits funds from being provided to
entities that fail to comply with sections 2 through 4 of the
Buy America Act, as proposed by the House and Senate.
Section 509 prohibits the use of funds by any person or
entity that has been convicted of violating the Buy America
Act, as proposed by the House and Senate.
Section 510 modifies provisions proposed by the House and
Senate related to the reprogramming process for agencies funded
in this Act.
Section 511 provides that fifty percent of unobligated
balances of funds provided in this Act remain available through
fiscal year 2006, as proposed by the House and Senate.
Section 512 prohibits funds to be used by the Executive
Office of the President to request official background
investigation reports from the Federal Bureau of
Investigations, as proposed by the House and Senate.
Section 513 exempts contracts under the Federal Employees
Health Benefits Program from certain cost accounting standards,
as proposed by the House and Senate.
Section 514 permits OPM to accept funds regarding the
non-foreign area cost of living allowance program, as proposed
by the House and Senate.
Section 515 prohibits Federal Employee Health Benefit
Program funds from being used to cover an abortion, as proposed
by the House.
Section 516 states that section 515 shall not apply when
the life of the mother is endangered, or the pregnancy is the
result of rape or incest, as proposed by the House.
Section 517 waives the Buy America Act provision for
Federal information technology purchases, as proposed by the
Senate.
Section 518 requires all Federal agencies to consult with
Alaska Native corporations pursuant to Executive Order 13175,
as proposed by the Senate.
Section 519 prohibits the use of funds for a proposed
rule relating to the determination of real estate brokerage as
a financial activity.
Section 520 amends the Securities Exchange Act of 1934 in
regard to the Tennessee Valley Authority. The Senate included a
similar provision.
Section 521 amends section 307 of the Denali Commission
Act of 1998, as proposed by the Senate.
Section 522 requires each agency to establish a Chief
Privacy Officer, to assume primary responsibility for privacy
and data protection policy, as proposed by the Senate.
Section 523 prohibits funds for the essential air service
local participation program, as proposed by the House and
Senate.
Section 524 prohibits funds to produce an economic report
including retail fast food employment under the definition of
manufacturing employment, as proposed by the House.
Section 525 amends section 302 of the Federal Election
Campaign Act of 1971, as proposed by the Senate.
Section 526 amends the Former Presidents Act to allow
amounts provided for ``Allowances and office staff for former
Presidents'' to be used for the review of Presidential records
in connection with the transfer of such records to the National
Archives and Records Administration, as proposed by the Senate.
Section 527 allows funds made available for various
Buffalo, New York transit projects to be made available for the
Buffalo Inner Harbor Redevelopment Project.
Section 528 allows funds made available for the
Charleston Area Regional Transportation Authority to be made
available for other transit purposes.
Section 529 allows funds made available for Tri-Met
Interstate light rail extension to allow acquisition of up to a
total of twenty-four light rail vehicles.
Section 530 extends an expiring statute exempting transit
vehicle axle weight.
Section 531 allows amounts made available to North
Country County Consortium JARC, New York, in fiscal year 2004
to be made available for North Country Bus and Bus Related
Equipment.
Section 532 amends section 312 of the Federal Election
Campaign Act of 1971, as proposed by the Senate.
Section 533 allows for 10% transfer authority among
certain offices of the Executive Office of the President.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601 authorizes funds to be used for travel to the
United States for the immediate families of Federal employees
assigned to foreign duty in the event of a death or a life
threatening illness of the employee, as proposed by the House
and Senate.
Section 602 requires agencies to administer a written
policy designed to ensure that all of its workplaces are free
from the illegal use of controlled substances, as proposed by
the House and Senate.
Section 603 limits the amount allowed per fiscal year for
the purchase of any passenger motor vehicle to be purchased by
the Federal Government, as proposed by the House and Senate.
Section 604 allows funds to be used for expenses of
travel for quarters allowances and cost-of-living allowances,
as proposed by the House and Senate.
Section 605 prohibits the government, with certain
exceptions, from employing non-U.S. citizens whose posts of
duty would be in the continental U.S., as proposed by the House
and Senate.
Section 606 ensures that agencies will have authority to
pay GSA bills for space renovation and other services, as
proposed by the House and Senate.
Section 607 authorizes agencies to receive and use funds
resulting from the sale of materials, and Federal records
disposed of pursuant to a records schedule recovered through
recycling or waste prevention programs, as proposed by the
House and Senate.
Section 608 permits funds to be used for administrative
expenses of the corporations and agencies subject to chapter 91
of title 31, U.S.C. shall be available for rent in the District
of Columbia, as proposed by the House and Senate.
Section 609 prohibits funds to be used to pay any person
filling a position which he or she has been nominated after the
Senate has voted not to approve the nomination, as proposed by
the House and Senate.
Section 610 prohibits funds to be used for interagency
financing of boards (except Federal Executive Boards) that do
not have prior statutory approval, as proposed by the House and
Senate.
Section 611 allows funds to be available to the Postal
Service Fund for employment of guards for all buildings and
areas owned or occupied by the Postal Service, as proposed by
the House and Senate.
Section 612 prohibits funds from being used for any
regulation that has been disapproved pursuant to a resolution,
as proposed by the House and Senate.
Section 613 limits the pay increases of certain
prevailing rate employees described in section 5342(a)(2)(A) of
title 5, United States Code, as proposed by the House and
Senate.
Section 614 prohibits funds from being obligated or
expended in excess of $5,000 to furnish or redecorate the
office of the head of any department or agency, as proposed by
the House and Senate.
Section 615 permits funds to be used for interagency
funding of national security and emergency preparedness
telecommunications initiatives benefiting Federal agencies, as
proposed by the House and Senate.
Section 616 prohibits funds to be used for the salaries
and expenses of any employee appointed to a position without a
certification to the Office of Personnel Management from an
agency employing a Schedule C appointee that was created solely
to detail the employee to the White House, as proposed by the
House and Senate.
Section 617 requires agencies to administer a written
policy designed to ensure that the workplace is free from
discrimination and sexual harassment, as proposed by the House
and Senate.
Section 618 prohibits the payment of any employee who
prohibits, threatens or prevents another employee from
communicating with Congress, as proposed by the House and
Senate.
Section 619 prohibits Federal training not directly
related to the performance of official duties, as proposed by
the House and Senate.
Section 620 prohibits the expenditure of funds for
implementation of agreements in nondisclosure policies unless
certain provisions are included, as proposed by the House and
Senate.
Section 621 prohibits propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives, as proposed by the House and Senate.
Section 622 prohibits any Federal agency from disclosing
any employee's home address to any labor organization, absent
employee authorization or court order, as proposed by the House
and Senate.
Section 623 prohibits funds from being used to provide
non-public information such as mailing or telephone lists to
any person or organization outside the government, as proposed
by the House and Senate.
Section 624 prohibits the use of funds for propaganda or
publicity purposes not authorized by Congress, as proposed by
the House and Senate.
Section 625 directs agency employees to use official time
in an honest effort to perform official duties, as proposed by
the House and Senate.
Section 626 authorizes that funds be available to
finance an appropriate share of the Joint Financial Management
Improvement Program administrative costs, as proposed by the
House and Senate.
Section 627 authorizes agencies to transfer funds to GSA
to finance an appropriate share of the Joint Financial
Management Improvement Program, as proposed by the House and
Senate.
Section 628 prohibits Federal funds from being used to
prohibit any agency from independently contracting with private
companies to provide online applications and processing
services.
Section 629 permits breast-feeding in a Federal building
or on Federal property if the woman and child are authorized to
be there, as proposed by the House and Senate.
Section 630 permits interagency funding of specific
projects of the National Science and Technology Council, as
proposed by the House and Senate.
Section 631 requires documents involving the
distribution of Federal funds to indicate the agency providing
the funds and the amount provided, as proposed by the House and
Senate.
Section 632 amends subsection (f) of section 403 of
Public Law 103-356 by striking ``October 1, 2004'' and
inserting ``October 1, 2005'', as proposed by the House and
Senate.
Section 633 prohibits the use of funds to monitor
personal information relating to the use of Federal internet
sites, or to collect, review, or create any aggregate list that
includes personally identifiable information relating to access
to or use of any Federal Internet site, as proposed by the
House and Senate.
Section 634 requires health plans participating in the
FEHBP to provide contraceptive coverage and provides exemption
for certain religious plans, as proposed by the House and
Senate.
Section 635 recognizes the U.S. Anti-Doping Agency as
the official anti-doping agency of the Olympic, Pan American,
and Paralympic sport in the U.S, as proposed by the House and
Senate.
Section 636 allows funds appropriated for official
travel, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program, as proposed
by the House and Senate.
Section 637 restricts Federal purchases from Federal
Prison Industries, Inc. unless the agency determines such
purchase provides the best value to the agency.
Section 638 prohibits funds to be used to implement or
enforce restriction on the Coast Guard Congressional Fellowship
Program or relating to the detail of Executive Branch employees
to the Legislative Branch, as proposed by the House and Senate.
Section 639 relates to the agency management of
government charge cards, as proposed by the House and Senate.
Section 640 states that the pay rate adjustment that
takes effect in fiscal year 2005 should be a rate increase of
3.5% beginning the pay period on or after January 1, 2005, as
proposed by the House and Senate.
Section 641 requires a report on articles purchased by
agencies that were manufactured outside of the United States,
as proposed by the Senate.
Section 642 restricts the use of funds for federal law
enforcement training facilities, as proposed by the Senate.
Section 643 amends 26 U.S.C. 6402 regarding offset
procedures for the collection of past due, legally enforceable
state unemployment compensation debts, as proposed by the
Senate.
Section 644 modifies a provision as proposed by the
Senate to ensure the continued operation of the Midway Atoll
Airfield. The conference agreement authorizes necessary
intergovernmental funding transfers for the continued operation
of the airfield and requires the Director of OMB to initiate
such transfers so as to ensure the continuous, uninterrupted
operation of the airfield. The conferees would welcome the
receipt of any information from the Director as to whether
certain capital investments on Midway Island might serve to
lower the annual operating costs of the airfield.
Section 645 designates the courthouse at 95 Seventh
Street in San Francisco, California as the ``James R. Browning
United States Courthouse''.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $46,141,907
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 43,748,430
House bill, fiscal year 2005............................ 43,540,159
Senate bill, fiscal year 2005........................... 44,052,003
Conference agreement, fiscal year 2005.................. 43,993,116
Conference agreement compared with:.....................
New budget (obligational) authority, fiscal year
2004.............................................. -2,148,791
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +244,686
House bill, fiscal year 2005........................ +452,957
Senate bill, fiscal year 2005....................... -58,887
DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
The language and allocations set forth in House Report
108-674 and Senate Report 108-353 should be complied with
unless specifically addressed to the contrary in the conference
report and statement of the managers. Report language included
by the House which is not changed by the report of the Senate
or the conference and Senate report language which is not
changed by the conference is approved by the committee of the
conference. The statement of the managers, while repeating some
report language for emphasis, does not intend to negate the
language referred to above unless expressly provided herein. In
cases where the House or Senate have directed the submission of
a report, such report is to be submitted to both House and
Senate Committees on Appropriations.
Operating Plan Reprogramming Procedures
The conferees continue to have a particular interest in
being informed of reprogrammings which, although they may not
change either the total amount available in an account or any
of the purposes for which the appropriation is legally
available, represent a significant departure from budget plans
presented to the Committees in an agency's budget
justifications, the basis of this appropriations Act.
Consequently, the conferees direct the departments,
agencies, boards, commissions, corporations and offices funded
at or in excess of $100,000,000 in this Act, to consult with
the Committee on Appropriations in both the House and Senate
prior to each change from the approved budget levels in excess
of $500,000 between programs, activities, object
classifications or elements unless otherwise provided for in
the statement of the managers accompanying this Act. For
agencies, boards, commissions, corporations and offices funded
at less than $100,000,000 in this Act, the reprogramming
threshold shall be $250,000 between programs, activities,
object classifications or elements unless otherwise provided
for in the statement of the managers accompanying this Act.
Additionally, the conferees expect the Committees on
Appropriations to be promptly notified of all reprogramming
actions which involve less than the above-mentioned amounts. If
such actions would have the effect of significantly changing an
agency's funding requirements in future years, or if programs
or projects specifically cited in the statement of the managers
or accompanying reports of the House and Senate are affected by
the reprogramming, the reprogramming must be approved by the
Committees on Appropriations regardless of the amount proposed
to be moved. Furthermore, the conferees direct that the
Committees on Appropriations be consulted regarding
reorganizations of offices, programs, and activities prior to
the planned implementation of such reorganizations.
The conferees also direct that the Departments of
Veterans Affairs and Housing and Urban Development, as well as
the Corporation for National and Community Service, the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the National Science Foundation, the
Consumer Product Safety Commission, and the Chemical Safety and
Hazard Investigation Board shall submit operating plans, signed
by the respective secretary, administrator, or agency head, for
review by the Committees on Appropriations of both the House
and Senate within 60 days of enactment of this Act. Other
agencies within this Act should continue to submit operating
plans consistent with prior year policy, or as directed in this
statement of the managers.
The conferees reiterate the Committees' longstanding
position that while the Committees reserve the right to call
upon all offices in the departments, agencies, boards, and
commissions, access to the budget offices is essential and
shall in no way be hindered.
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
In addition to the directives above, the conferees direct
that no changes may be made to any account or objective, except
as approved by the Committees, if it is construed to be policy
or change in policy. It is the intent of the conferees that all
carryover funds in the various appropriations accounts are
subject to the normal reprogramming requirements outlined
above. The Department is directed to notify the Committees on
Appropriations should the loan limitation of any program
administered by the Department be met or exceeded.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $32,607,688,000 for compensation and
pensions as proposed by both the House and the Senate, of which
not more than $20,703,000 is to be transferred to general
operating expenses and medical services for reimbursement of
necessary expenses in implementing the Omnibus Budget
Reconciliation Act of 1990 and the Veterans' Benefits Act of
1992.
READJUSTMENT BENEFITS
Appropriates $2,556,232,000 for readjustment benefits as
proposed by both the House and the Senate.
VETERANS INSURANCE AND INDEMNITIES
Appropriates $44,380,000 for veterans insurance and
indemnities as proposed by both the House and the Senate.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates such sums as may be necessary for costs
associated with direct and guaranteed loans from the veterans
housing benefit program fund program account as proposed by
both the House and the Senate, limits obligations for direct
loans to not more than $500,000 and provides that $154,075,000
is to be transferred to and merged with general operating
expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $47,000 for the costs of direct loans from
the vocational rehabilitation loans program account as proposed
by both the House and the Senate, plus $311,000 to be
transferred to and merged with general operating expenses.
Provides for a direct loan limitation of $4,108,000.
The conferees direct the Department to monitor carefully
the program's loan activity and notify the Committees on
Appropriations of the House and Senate during the year if it
determines that it may exceed the loan level amount.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $571,000 for administrative expenses of the
Native American veteran housing loan program account to be
transferred to and merged with general operating expenses as
proposed by both the House and the Senate. Provides a loan
limitation of $50,000,000 for the program as proposed by both
the House and the Senate.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT
Provides up to $750,000 of the funds available in medical
administration and general operating expenses to carry out the
guaranteed transitional housing loans for homeless veterans
program as proposed by the House instead of $600,000 as
proposed by the Senate.
Veterans Health Administration
The conferees have agreed to provide total resources of
$30,330,370,000 to fund the various operating programs of the
Veterans Health Administration (VHA), an increase of
$1,195,000,000 over the appropriation request level. None of
the funds are contingent upon an emergency declaration as
proposed by the Senate. Further, the conferees have agreed to
fund VHA through the new account structure started in fiscal
year 2004, comprised of four accounts: medical services,
medical administration, medical facilities, and medical and
prosthetic research. The conferees continue to believe this
account structure will provide better oversight and achieve a
more accurate accounting of funds.
MEDICAL SERVICES
(INCLUDING TRANSFERS OF FUNDS)
Provides $19,472,777,000 to finance medical services for
all veterans and beneficiaries in VA, State, and contract
medical facilities.
Retains bill language making $1,100,000,000 available
until September 30, 2006, as proposed by both the House and the
Senate.
Retains bill language providing the Secretary with the
authority to establish a priority system for veterans seeking
medical care as proposed by both the House and the Senate.
Retains bill language allowing the Secretary to give
priority to medical services for priority 1-6 veterans, as
proposed by both the House and the Senate.
Retains bill language allowing the transfer of up to
$400,000,000 to the construction, major projects account for
the purposes of implementing Capital Asset Realignment for
Enhanced Services (CARES) recommendations. The conferees direct
the VA to notify the Committees on Appropriations prior to the
transfer of funds for this purpose as stated in Senate Report
108-353.
Modifies bill language proposed by the House, allowing
the transfer of up to $125,000,000 to general operating
expenses for Veterans Benefits Administration claims
processing. The conferees direct the Secretary to notify the
Committees on Appropriations of the House and Senate prior to
any transfer.
Retains bill language proposed by both the House and the
Senate, allowing the Secretary to fill privately written
prescriptions from VA facilities for designated veterans. The
conferees agree that such benefit should not result in
additional cost to the VA.
Retains bill language proposed by both the House and
Senate, providing $15,000,000 for the DoD/VA Health Care
Sharing Incentive Fund.
The conferees are in agreement that the Department shall
submit a report on the steps, funds, and staff assigned to
improving the transition from DoD to VA for service members
returning from conflicts in the Middle East and other areas.
The report is to be submitted no later than March 15, 2005.
The conferees direct the continuation of the Joslin
Vision Network at no less than the current level and encourage
the VA to establish new pilot sites for the Network.
The conferees agree with the Senate direction that the
Department shall report on the number and location of training
slots for psychologists for post-doctoral training. The report
is to be submitted to the House and Senate Committees on
Appropriations by no later than February 4, 2005.
Retains the Senate provision providing $20,000,000 for a
new Prosthetics and Integrative Health Care Initiative. This
new initiative will ensure that returning war veterans with
loss of limbs and other very severe and lasting injuries have
access to the best of both modern medicine and integrative
holistic therapies for rehabilitation, and will ensure
continuity of care for veterans who transition from the DOD
health system, including the Amputee Center at Walter Reed Army
Medical Center. The Department is directed to report to the
Committees on Appropriations of the House and Senate on the
status of this new initiative by February 4, 2005.
Retains the Senate provision directing the VA to: (1)
establish an advisory committee on complementary medicine; and
(2) implement the recommendations of the White House Commission
on Complementary and Alternative Medicine. The VA should report
to the Committees on Appropriations of the House and Senate on
the status of these issues by February 4, 2005.
The conferees direct the VA to comply with all
recommendations of the August 11, 2004, report by the Inspector
General regarding issues at the Bay Pines VA Medical Center in
Florida, and to report to the Committees on Appropriations of
the House and Senate detailing progress in this matter by
February 4, 2005.
MEDICAL ADMINISTRATION
Appropriates $4,705,000,000, as proposed by both the
House and Senate, for the expenses of the headquarters offices
of the Veterans Health Administration as well as the costs of
Veterans Integrated Service Network (VISN) offices and facility
directors, all information technology hardware and software,
legal services, billing and coding activities, procurement, and
related activities.
Includes language allowing $250,000,000 of the funds to
be available until September 30, 2006.
The conferees direct the Secretary to look at integrated
medical asset tracking programs and conduct a pilot program to
test the feasibility of the implementation of such programs.
The conferees direct the Secretary to review the need for
the development of a web portal and implement a pilot program
of the system, consistent with existing emergency response
systems.
MEDICAL FACILITIES
Appropriates $3,745,000,000 for the operation,
maintenance and security of VHA's capital infrastructure as
proposed by both the House and Senate. Included under this
heading are provisions for the costs associated with utilities,
engineering, capital planning, leases, laundry and food
services, grounds-keeping, garbage, housekeeping, facility
repair, and property disposition and acquisition.
Retains language allowing $250,000,000 of the funds to be
available until September 30, 2006 as proposed by the Senate.
The conferees reiterate the directive contained in the
fiscal year 2004 Consolidated Appropriations Act that the
Department of Veterans Affairs offer to transfer to the U.S.
Army Corps of Engineers one residential property in Fort
Thomas, Kentucky, to be used as the residence for the Commander
of the Great Lakes and Ohio River Division, and appreciate the
progress that has been made so far.
MEDICAL AND PROSTHETIC RESEARCH
Appropriates $405,593,000 for medical and prosthetic
research as proposed by the Senate instead of $384,770,000 as
proposed by the House. The conferees direct the Department to
continue its technology transfer activities at the current
level of effort through the West Virginia High Technology
Consortium Foundation.
The conferees direct the Department to prioritize
prosthetics in its research agenda and report to the Committee
on Appropriations of the House and Senate by March 15, 2005 on
its efforts.
Departmental Administration
GENERAL OPERATING EXPENSES
Appropriates $1,324,753,000 for general operating
expenses instead of $1,319,753,000 as proposed by the House and
$1,399,753,000 as proposed by the Senate.
Provides not less than $1,027,193,000 for the Veterans
Benefits Administration (VBA) as proposed by the House instead
of $1,102,193,000 as proposed by the Senate.
Provides two-year availability for $66,000,000 as
proposed by both the House and Senate.
The conferees direct VA to proceed with information
technology initiatives supporting the Department's enterprise
architecture and continuity of operations capabilities and
direct that not less than $25,000,000 be allocated for these
activities Department-wide. Additionally, the conferees direct
that all cyber-security and enterprise architecture activities
continue to be centrally managed by the Chief Information
Officer. Finally, the conferees reiterate the House position
that the Department report quarterly on key information
technology objectives and efforts to meet these objectives.
NATIONAL CEMETERY ADMINISTRATION
Appropriates $148,925,000 for the National Cemetery
Administration as proposed by both the House and Senate.
Provides two-year obligation authority for $7,400,000 of the
appropriated funds.
OFFICE OF INSPECTOR GENERAL
Appropriates $69,711,000 for the Office of Inspector
General as proposed by the House instead of $64,711,000 as
proposed by the Senate.
CONSTRUCTION, MAJOR PROJECTS
Appropriates $458,800,000 for construction, major
projects as proposed by both the House and Senate. The
conferees have included bill language proposed by both the
House and Senate which defines a major construction project as
one where the estimated cost is more than the amount set forth
in 38 U.S.C. 8104(a)(3)(A).
The conference agreement includes $370,709,000 for
construction projects supporting the fiscal year 2005
recommendations of the Secretary's National CARES plan as
identified in the May 20, 2004 report entitled ``CARES Major
Construction Projects, Fiscal Year 2004-2010.'' The specific
projects are also identified in both the House and Senate
reports.
Additional recommendations of the conferees are as
follows:
----------------------------------------------------------------------------------------------------------------
House Report Senate Report Conference
Description 108-674 108-353 agreement
----------------------------------------------------------------------------------------------------------------
CARES........................................................... $370,709,000 $370,709,000 $370,709,000
VHA Advance Planning Fund....................................... 14,000,000 14,000,000 14,000,000
VHA Asbestos.................................................... 3,000,000 3,000,000 3,000,000
VHA Claims...................................................... 1,000,000 1,000,000 1,000,000
VHA Judgment.................................................... 8,091,000 8,091,000 8,091,000
VHA Hazardous Waste............................................. 2,000,000 2,000,000 2,000,000
Emergency Response Security Study............................... 2,000,000 2,000,000 2,000,000
NCA Phase I Development: Sacramento, CA......................... 21,600,000 21,600,000 21,600,000
NCA Expansion: Barrancas, FL.................................... 20,000,000 20,000,000 20,000,000
NCA Expansion: Rock Island, IL.................................. 10,200,000 10,200,000 10,200,000
NCA Design Funds................................................ 3,200,000 3,200,000 3,200,000
NCA Advance Planning Fund....................................... 1,000,000 1,000,000 1,000,000
Staff Offices................................................... 2,000,000 2,000,000 2,000,000
----------------------------------------------------------------------------------------------------------------
The conferees agree with the Senate direction that the
Department update its 5-year strategic plan for capital asset
management on a periodic basis.
The conferees direct the Department to review the
financial status of all existing major construction projects
and the major working reserve account. The Department shall
provide information on any unobligated and unexpended funds
that may be recaptured and spent on other CARES projects.
The conferees agree with the direction contained in the
Senate report regarding the establishment of an independent
CARES advisory body.
As part of the CARES initiative, the Department will, in
some cases, depend on contracting with local providers to
deliver health care services. The Department is to provide a
business plan to the Committees on Appropriations of the House
and Senate that will address the issues raised in the Senate
report. This plan should be submitted no later than March 15,
2005.
Finally, the conferees agree with the Senate direction
that the Department submit a business plan for excess
infrastructure that details disposition strategy and budgetary
impacts.
CONSTRUCTION, MINOR PROJECTS
Appropriates $230,779,000 for construction, minor
projects as proposed by the Senate instead of $230,799,000 as
proposed by the House. The conferees have included bill
language proposed by both the House and Senate which defines a
minor construction project as one where the estimated cost is
equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A).
The conference agreement provides $182,100,000 for
construction projects implementing CARES recommendations, as
proposed by the Senate instead of $162,100,000 as proposed by
the House. Additional amounts may be used for CARES activities
upon notification of and approval by the Committees on
Appropriations of the House and Senate.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
Appropriates $105,163,000 for grants for construction of
state extended care facilities as proposed by both the House
and the Senate.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
Appropriates $32,000,000 for grants for construction of
state veterans cemeteries as proposed by both the House and the
Senate.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Retains the first eleven administrative provisions which
were carried in both the House and Senate bills, and which have
been carried in previous years.
Retains section 112 as proposed by the House allowing the
Secretary to manage effectively the billing and collection
process to third party insurers. The Senate had proposed
similar language.
Retains section 113 as proposed by the House providing
$25,000,000 of VA's total information technology budget for
enterprise architecture activities under the Office of the
Chief Information Officer. The Senate did not include this
provision.
Retains section 114 as proposed by the House regarding
implementation of Public Law 107-287 by prohibiting funds for
implementation of section 2 and section 5. The Senate had
proposed similar language.
Retains the provision proposed by the Senate regarding
the Secretary's authority in depositing receipts from various
funds into the Medical Care Collections Fund. The House had
proposed similar language.
Retains the provision proposed by both the House and
Senate directing the Secretary to conduct a recovery audit
program.
Retains the provision proposed by both the House and
Senate allowing the Secretary to transfer enhanced-use lease
revenue from the Medical Care Collections Fund to the
construction accounts.
Retains the provision proposed by both the House and
Senate allowing the Secretary to furnish recreation services
and pay funeral expenses.
Retains the provision proposed by both the House and
Senate transferring all balances in the Medical Care
Collections Fund to medical services.
Retains the provision proposed by both the House and
Senate allowing the transfer of funds among Veterans Health
Administration accounts.
Retains the provision proposed by the House providing for
the transfer of funds from general operating expenses to
Veterans Housing Benefit Program Fund Program Account for a
nationwide property management contract. The Senate had
proposed a similar provision.
Retains the provision proposed by the House authorizing
the Department to expend such sums as are available in the
unobligated balances of the funds originally appropriated to
medical care for emergency expenses resulting from the January
1994 earthquake in Southern California, for the same purposes
of the medical services account until expended. The Senate had
proposed a similar provision.
Deletes the provision proposed by the Senate which would
have made funds transferred pursuant to Public Law 108-199 from
medical services to construction, major projects, available
until expended.
Modifies the provision proposed by the Senate which
allows eligible veterans who reside in Alaska to obtain medical
services from medical facilities supported by the Indian Health
Service.
Adds a new administrative provision which allows the
Secretary to transfer up to $19,800,000 appropriated in Public
Law 108-324 from construction, minor projects to medical
facilities for non-recurring maintenance expenses related to
hurricane and tropical storm damage. Neither House nor Senate
bills had included this language.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The conferees restate the reprogramming requirements with
respect to amounts approved for each appropriations account
within this title. The Department must limit the reprogramming
of funds between the programs, projects, and activities within
each account to not more than $500,000 without prior approval
of the Committees on Appropriations. Unless otherwise
identified in this statement of managers or committee reports,
the most detailed allocation of funds presented in the budget
justifications shall be considered to be approved, with any
deviation from such approved allocation subject to the normal
reprogramming requirements outlined above. Further, it is the
intent of the conferees that all carryover funds in the various
accounts, including recaptures and deobligations, are subject
to the normal reprogramming requirements outlined above.
Further, no changes may be made to any program, project, or
activity if it is construed to be policy or a change in policy,
without prior approval of the Committees. Finally, the
conferees expect to be notified regarding reorganizations of
offices, programs or activities prior to the planned
implementation of such reorganizations, as well as be notified,
on a monthly basis, of all ongoing litigation, including any
negotiations or discussions, planned or ongoing, regarding a
consent decree between the Department and any other entity.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement adopts the account structure
proposed by the House to fund tenant-based section 8 activities
and project-based section 8 activities in two separate accounts
to provide better transparency and oversight of expenditures in
these programs that now represent over fifty percent of the
Department's budget. The Senate proposed to continue to fund
both tenant-based and project-based Section 8 activities in the
Housing Certificate Fund.
The joint explanatory statement of the managers herein
reflects the agreement of the conferees on tenant-based and
project-based section 8 programs and activities. The language
and direction included in this joint explanatory statement of
the managers replaces any language included in the Senate
report regarding these programs, including Senate language
under the Housing Certificate Fund account, and replaces any
language included in the House report regarding these programs,
including House language under the Tenant-Based Rental
Assistance, Project-Based Rental Assistance, and Housing
Certificate Fund accounts.
The conference agreement appropriates $14,885,000,000 for
tenant-based section 8 (voucher) activities under the Tenant-
Based Rental Assistance account instead of $14,677,019,000 as
proposed by the House. The Senate proposed $15,359,019,000 for
these activities within the Housing Certificate Fund account.
Language is included designating funds provided as follows:
Activity Conference agreement
Voucher Renewals........................................ $13,462,989,000
Tenant Protection Vouchers.............................. 163,000,000
Administrative Costs.................................... 1,259,011,000
(Administrative Fees)................................... (1,210,107,000)
(Family Self-Sufficiency Coordinators).................. (46,000,000)
(Working Capital Fund).................................. (2,904,000)
Total, Tenant Based Rental Assistance............. 14,885,000,000
Section 8 Voucher Renewals.--The conference agreement
includes $13,462,989,000 to fund tenant-based section 8
vouchers in calendar year 2005, instead of $13,303,177,000 as
proposed by the House. The Senate proposed $13,787,115,000
within the Housing Certificate Fund. New language is included
setting forth the distribution of renewal funds as described
herein.
The Department is provided $13,462,989,000 to fund
tenant-based vouchers in calendar year 2005. HUD shall not use
recaptures from any source or any project-based carryover to
augment total 2005 funding for this account. HUD shall provide
all public housing agencies (PHAs) with a fixed, annual budget
that each agency must manage their voucher programs within for
2005. HUD shall determine such annual budgets for public
housing agencies using the average of the May, June and July
2004 Voucher Management System (VMS) data (for leasing and
costs) as reported to, verified, and determined to be complete
by HUD. Moving To Work (MTW) agencies shall be funded based on
their agreements and are subject to the same adjustments made
to all other PHA annual budgets based on funding availability.
If an agency failed to report verifiable data into VMS during
the May-July time period, HUD shall use the complete three-
month submission of VMS data averaged for the period of
February, March and April 2004. If an agency has not submitted
VMS data for the previously referenced periods, HUD shall use
the agency's year-end financial statement for fiscal years
ending no later than March 31, 2004. HUD shall then adjust the
VMS costs for each agency by applying HUD-published 2005 annual
adjustment factors (AAFs) to determine an annual funding
eligibility for each agency. HUD may make any necessary
adjustments for the costs associated with the first-time
renewals of tenant protection and HOPE VI vouchers in 2005. The
Department is to obligate the entire amount of funds provided
for voucher renewals to the public housing authorities at the
time annual budgets of the public housing authorities are
established pursuant to the formula prescribed herein and in
the Act. Finally, HUD will, to the extent necessary, pro rate
each public housing agency's budget to stay within the amount
appropriated.
The voucher program is strictly a dollar-based, or
budget-based program in 2005. This new structure is designed to
provide flexibility for PHAs to manage their voucher programs,
so long as such flexibility meets current legal requirements
and PHAs manage within their annual budgets. This could include
lowering eligible rents in order to expand utilization to no
greater than their authorized levels. PHAs are expected to
manage utility costs, decreased tenant contributions and
protect the most at-risk families within these budgets. HUD is
not provided a central fund or any other funds to address
increased leasing or costs in 2005. Furthermore, HUD is not
provided any funding to replenish program reserves in 2005, nor
can carryover or recaptures be used for this purpose. Agencies
must manage within their annual budget as determined by HUD,
pursuant to the formula prescribed herein and in this Act. HUD
must issue a notice implementing the tenant-based provisions of
this Act, including details on the eligibility for the
$25,000,000 in administrative fees set aside under this Act,
within 30 days of enactment of this Act. HUD will also
communicate all agencies' annual budget amounts directly to
each agency within 45 days of enactment of this Act. This is
intended to provideagencies with as much advanced notice as
possible in order to manage their budgets successfully in 2005. HUD
shall also provide agencies with flexibility to adjust payment
standards and portability policies as necessary to manage within their
2005 budgets. Agencies shall ensure that current elderly and disabled
voucher families be protected against significant impacts resulting
from adjustments made by agencies to maintain their voucher programs
within their 2005 budgets.
The conference agreement does not include language
proposed by the Senate to allow recaptures to be used to
augment funds appropriated for section 8 vouchers. Instead the
conference agreement includes language elsewhere in this title
that prohibits the use of recaptures for this purpose, similar
to language proposed by the House.
The conference agreement does not include language
proposed by the Senate to allow funds to be used to amend a
public housing agency's voucher renewal amount. The House did
not include similar language.
The conference agreement does not include language
proposed by the Senate to allow the Secretary to transfer funds
among various activities. The House did not include similar
language.
The conference agreement does not include language
proposed by the Senate to allocate renewal funds based upon
information submitted to the public housing agency as of
October 1, 2004, adjusted by an inflation factor established by
the Secretary, and further adjusted based on certain other
factors. The House did not include similar language.
The conference agreement does not include language
proposed by the Senate requiring that all units be subject to a
rent reasonableness test. The House did not include similar
language. The conferees note that public housing agencies are
statutorily required to determine and ensure rent
reasonableness and expect this requirement to be followed.
The conference agreement does not include $100,000,000
for a Central Fund as proposed by the Senate. The House did not
include similar language or funding.
Language is included, as proposed by the House,
prohibiting funds from being used to fund a public housing
agency for vouchers in excess of their authorized level. The
Senate bill included similar language.
Tenant Protection.--The conference agreement includes
$163,000,000 for rental subsidies for tenant protection
activities to replace project-based section 8 assistance with
section 8 vouchers, for conversion of section 202 and section
23 projects to section 8 assistance, for the family
reunification program and for the witness protection program,
as proposed by the House and the Senate.
The conference agreement assumes that new vouchers under
the Revitalization of Severely Distressed Housing Program (HOPE
VI) will continue to be provided within that account as
proposed by the House. The Senate did not address this matter.
Administrative Fees.--The conference agreement includes
$1,210,107,000 for public housing agencies' administrative
costs and other expenses, instead of $1,161,938,000 as proposed
by the House and $1,256,000,000 as proposed by the Senate.
Modified language is included, similar to language
proposed by the House, designating $1,185,107,000 to be
allocated to public housing agencies for the calendar year 2005
funding cycle on a pro rata basis based on the amount the
public housing agencies were eligible to receive in calendar
year 2004. In addition, new language is included making up to
$25,000,000 available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
programs. The conferees direct the Department to specify the
activities eligible for this funding in the notice to be issued
within thirty days of enactment of this Act. The Senate did not
include similar language.
Language is included as proposed by the Senate to allow
section 8 administrative fees to be used for section 8 rental
assistance activities, including related development
activities. The House limited the use to section 8 rental
assistance activities.
Family Self Sufficiency Coordinators.--The conference
agreement includes $46,000,000 for public housing agencies
family self-sufficiency coordinator staff as proposed by the
House instead of $48,000,000 as proposed by the Senate.
Working Capital Fund.--The conference agreement includes
$2,904,000 for transfer to the Working Capital Fund, instead of
no less than $2,904,000 as proposed by the House. Modified
language is included to broaden the uses of these funds to
include other departmental information technology needs.
Language proposed by the Senate is not included to
require all public housing agencies to submit accounting data
for funds provided under this account in this Act or any other
Act by source of funds and purpose of such funds. This
requirement was made permanent in the fiscal year 2004 Act. The
House did not include similar language.
Language is also included elsewhere in this Act
rescinding funds provided in previous years under the Housing
Certificate Fund, including funds previously made available for
certain tenant-based rental assistance activities.
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $5,341,000,000 for
project-based rental assistance activities instead of
$5,340,745,000 as proposed by the House. The Senate proposed
$5,348,785,000 for these activities within the Housing
Certificate Fund account.
The conference agreement provides funds as follows:
Activity Conference agreement
Project-Based Contract Renewals......................... $4,990,100,000
Moderate Rehabilitation Renewals and Administrative
Costs............................................... 227,000,000
Section 441 Renewals and Administrative Costs........... 20,000,000
Contract Administrators................................. 101,900,000
Working Capital Fund.................................... 2,000,000
Total, Project-Based Rental Assistance............ 5,341,000,000
Language is included, similar to language proposed by the
House, designating $5,237,100,000 for renewals and amendment of
section 8 project-based contracts, section 8 moderate
rehabilitation contracts (including associated PHA
administrative expenses), Emergency Low-Income Housing
Preservation Reform Act (ELIHPRA) and Low-Income Housing
Preservation Reform Act (LIHPRA) contracts, and section 441
single room occupancy contracts (including associated PHA
administrative expenses). The Senate included similar language
under the Housing Certificate Fund.
Language is included, as proposed by the House,
designating $101,900,000 for performance-based contract
administrators. The Senate included a similar provision under
the Housing Certificate Fund.
Language is included designating $2,000,000 for transfer
to the Working Capital Fund. Modified language is included to
broaden the uses of these funds to include other departmental
information technology needs.
The conference agreement assumes that project-based
section 8 contract amendment funding requirements for fiscal
year 2005 will be met through the use of recaptures available
in the Housing Certificate Fund as proposed in the budget
request. Language is included elsewhere in this title making
funds available for such purpose.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriates $2,600,000,000 for the public housing
capital fund, instead of $2,580,000,000 as proposed by the
House and $2,700,000,000 as proposed by the Senate.
Includes $38,700,000 for technical assistance including
up to $12,500,000 for remediation services to certain troubled
PHAs and for rent surveys. The House proposed $37,850,000,
including $12,440,000 for remediation services and rent surveys
and the Senate proposed $50,000,000, including up to
$15,000,000 for such activities. The Department is directed to
use no less than $4,750,000 of these funds for activities
related to fair market rent surveys as proposed by the House.
Does not include language proposed by the Senate making
such funds available for lease adjustments to section 23
projects. The House did not include a similar provision.
Includes $10,150,000 for information technology systems
needs instead of not less than $10,150,000 as proposed by the
House and $4,500,000 as proposed by the Senate. Modified
language is included to broaden the uses of these funds to
include other departmental information technology needs.
Includes up to $30,000,000 for emergency capital needs
resulting from unforeseen emergencies or natural disasters in
fiscal year 2005, instead of $38,000,000 as proposed by the
House and $50,000,000 as proposed by the Senate. Language is
included as proposed by the House to allow funds to be awarded
non-competitively and only for unforeseen activities. The
Senate proposed similar language.
Includes $53,500,000 for the Resident Opportunity Self-
Sufficiency (ROSS) program, instead of $52,300,000 as proposed
by the House and $55,000,000 as proposed by the Senate.
Includes modified language to allow up to $3,000,000 to
support the costs of existing administrative and judicial
receiverships in effect as of the date of enactment of this
Act. The House proposed language allowing such funds to be used
for current and future receiverships while the Senate did not
include funds for such purpose. The Department is directed to
submit a proposed spending plan for the use of these funds
prior to expenditure.
Includes modified language designating $15,000,000 for
Neighborhood Networks grants similar to language proposed by
the Senate. Language is also included allowing up to $1,000,000
to be made available for technical assistance and to allow
centers established under these grants to serve individuals
receiving housing assistance under other programs funded in
this Act. Language is included as proposed by the Senate,
requiring such funds to be competitively awarded. The conferees
remind HUD that these funds, and all other funds provided in
this Act, are to be awarded on a competitive basis in
accordance with the requirements set forth in section 205 under
administrative provisions in this title, except where
explicitly authorized. The House did not include similar
language.
The conference agreement does not designate $30,000,000
for demolition, relocation and site remediation for obsolete
and distressed public housing units as proposed by the Senate.
The House did not address this matter.
PUBLIC HOUSING OPERATING FUND
Appropriates $2,458,000,000 for the public housing
operating fund, instead of $3,425,000,000 as proposed by the
House and $2,610,000,000 as proposed by the Senate.
Modified language is included, similar to language
proposed by the Senate, to synchronize the funding cycles for
all public housing authorities' operating subsidy payments to
the same calendar year. The conferees believe that this
conversion will simplify and improve administration and
oversight of the program. This change results in a one-time
savings to this account. The House did not include similar
language.
Includes modified language designating $8,000,000 for
programs to assist in the investigation, prosecution and
prevention of criminal activities in public housing to be
administered through a cooperative agreement with the
Department of Justice (DOJ) similar to language proposed by the
House. The Senate did not propose a similar provision.
Includes language designating $10,000,000 for a program
to provide bonus funding for PHAs that assist families in
moving away from dependency on housing assistance programs,
instead of $15,000,000 as proposed by the Senate. The House did
not propose a similar provision. The conferees expect the
Department to allocate these funds through a Notice of Funding
Availability that provides clear eligibility criteria for this
program.
Language proposed by the Senate to designate $30,000,000
for transition costs associated with synchronization to a
calendar year funding basis is not included. The House did not
address this matter.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
Appropriates $144,000,000 for the revitalization of
severely distressed public housing program (HOPE VI), instead
of $150,000,000 as proposed by the Senate and $143,000,000 as
proposed by the House.
Language is included making funds available for
obligation until September 30, 2006 as proposed by the House,
instead of making funds available for one year as proposed by
the Senate.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $627,000,000 instead of $622,000,000 as
proposed by the House and $650,241,000 as proposed by the
Senate.
Includes $4,500,000 for inspections, training, and
technical assistance and $2,200,000 for the National American
Indian Housing Council for technical assistance and capacity
building as proposed by the Senate. The House proposed
$4,300,000 and $2,100,000 respectively for these activities.
Includes $2,000,000 for guaranteed loans to subsidize a
total guaranteed loan principal of up to $17,926,000 as
proposed by the Senate instead of $1,914,000 to subsidize a
total loan volume of up to $17,155,000 as proposed by the
House.
Includes $2,600,000 for information technology systems
instead of no less than $2,600,000 as proposed by the House and
$500,000 as proposed by the Senate. Modified language is
included to broaden the uses of these funds to include other
departmental information technology needs.
The conference agreement also includes language elsewhere
in this title rescinding $21,000,000 from prior year
unobligated balances remaining for title VI loan guarantees.
Both the House and Senate proposed this rescission.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $5,000,000 to subsidize a total loan
principal of up to $145,345,000 as proposed by the House
instead of $1,000,000 to subsidize a total loan principal of
$29,069,767 as proposed by the Senate.
The conference agreement also includes language elsewhere
in this title rescinding $33,000,000 from prior year
unobligated balances remaining from this program. Both the
House and Senate proposed this rescission.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,000,000 for guaranteed loans for Native
Hawaiian housing to subsidize a total guaranteed loan principal
of up to $37,403,000 as proposed by the House and Senate.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriates $284,000,000 for housing opportunities for
persons with AIDS (HOPWA) instead of $282,000,000 as proposed
by the House and $294,800,000 as proposed by the Senate.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
Appropriates $24,000,000 for rural housing and economic
development as proposed by the House instead of $25,000,000 as
proposed by the Senate. Language is included requiring funds to
be awarded competitively by September 1, 2005. The Senate had
proposed that funds be awarded by June 1, 2005.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
Appropriates $10,000,000 for grants to the second round
of empowerment zones. The House had proposed $14,250,000 for
this account and the Senate did not include funding for this
activity. The Conferees direct that funding in this account be
distributed equally among the 15 Enterprise Zones and
Enterprise Communities (EZ/ECs) designated in Round II.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $4,709,000,000 for various activities funded
in this account as proposed by the House instead of
$4,950,000,000 as proposed by the Senate. The conferees agree
to the following:
--$4,150,035,000 for formula grants under
the Community Development Block Grant program
(CDBG), instead of $4,304,900,000 as proposed
by the House and $4,547,700,000 as proposed by
the Senate. The amount provided for CDBG
includes grants to Insular areas as proposed by
the House. The Senate had proposed funding
Insular areas as a Section 107 set-aside;
--$69,000,000 for grants to Indian tribes,
including up to $4,000,000 for emergencies as
proposed by the House, instead of $72,000,000
as proposed by the Senate;
--$3,300,000 for the Housing Assistance
Council as proposed by the Senate instead of
$3,200,000 as proposed by the House;
--$2,400,000 for the National American
Indian Housing Council as proposed by the House
instead of $2,500,000 as proposed by the
Senate;
--$43,700,000 for section 107 grants,
instead of $36,700,000 as proposed by the House
and $51,000,000 as proposed by the Senate.
Within the amount provided for section 107
grants, the conference agreement provides the
following:
$10,000,000 for historically black colleges and
universities, of which up to $2,000,000 may be used for
technical assistance;
$2,900,000 for community development work study;
$6,700,000 for Hispanic Serving Institutions;
$6,700,000 for the Community Outreach Partnerships
program;
$3,000,000 for tribal colleges and universities;
$4,000,000 for Alaska Native-Serving Institutions
and Native Hawaiian-Serving Institutions;
$9,000,000 for assistance under the Hawaiian
Homelands Homeownership Act of 2000; and
$1,400,000 for technical assistance.
Does not provide $7,000,000 for insular areas
within section 107 activities. Instead, insular areas
are funded within Community Development Block Grants.
--$4,800,000 for the National Housing
Development Corporation for continuation of its
program of acquisition, rehabilitation, and
preservation of at-risk affordable housing,
including $2,000,000 for operating expenses as
proposed by the House. The Senate did not
propose funding for this program;
--$4,800,000 for the National Council of La
Raza HOPE Fund, of which $500,000 is for
technical assistance and fund management and
$4,300,000 is for investments and financing as
proposed by the House. The Senate did not
propose funding for this program;
--$25,000,000 for grants to eligible
grantees under section 11 of the Self-Help
Housing Opportunity Program (SHOP) as proposed
by the Senate instead of $26,000,000 as
proposed by the House;
--$34,500,000 for capacity building, of
which $30,000,000 is for the Community
Development and Affordable Housing program for
LISC and the Enterprise Foundation for
activities as authorized by section 4 of the
Department of Housing and Urban Development
Demonstration Act, as in effect before June 12,
1997, including $5,000,000 for rural areas; and
of which $4,500,000 is for Habitat for Humanity
International. The House proposed $33,500,000
for capacity building including $28,800,000 for
LISC and the Enterprise Foundation and
$4,700,000 for Habitat for Humanity; and the
Senate proposed $33,500,000 for such activities
including $30,000,000 for LISC and the
Enterprise Foundation and $3,500,000 for
Habitat for Humanity;
--$62,000,000 for Youthbuild as proposed by
the House instead of $65,000,000 as proposed by
the Senate. Within amounts available for
Youthbuild, the agreement provides $9,000,000
for underserved and rural areas;
--$262,000,000 for economic development
initiatives instead of $136,500,000 as proposed
by the House and $126,000,000 as proposed by
the Senate. This amount is 5% below the amounts
appropriated for EDI grants in fiscal year
2004. Language is included prohibiting funds
from being used for program operations as
proposed by both the House and the Senate. The
conferees note that projects receiving funds
must comply with the environmental review
requirements set forth in section 305(c) of the
Multifamily Housing Property Disposition Act of
1994 (42 U.S.C. 3547). The conferees will not
entertain waivers of such requirements. In
addition, funds provided for projects shall not
be used for reimbursement of expenses incurred
prior to the receipt of economic development
initiative funding. Modified language is
included, similar to language proposed by the
House and Senate, to target funds made
available under this program. Targeted grants
shall be made as follows:
1. $1,900,000 for the City of Tuscaloosa, Alabama
for the Urban Renewal Project in Tuscaloosa, Alabama;
2. $300,000 for the City of Livingston, Alabama for
downtown revitalization in Livingston, Alabama;
3. $500,000 to the Crenshaw County Economic/
Industrial Development Authority for industrial site
preparation in Crenshaw County, Alabama;
4. $250,000 to the City of Fairhope, Alabama for
development of the Fairhope Library;
5. $400,000 to the University of South Alabama for
the Mitchell College of Business Library in Mobile,
Alabama;
6. $500,000 for the Selma YMCA for facilities
improvements in Selma, Alabama;
7. $450,000 for the Town of Double Springs, Alabama
for community development;
8. $150,000 for Alaska Botanical Garden in
Anchorage for expansions and renovations;
9. $150,000 for Friends of Eagle River Nature
Center, Inc. in Eagle River, Alaska for costs
associated with the construction of a community/visitor
center;
10. $500,000 for the Kincaid Park for Training
Center, Anchorage, Alaska for costs associated with
construction;
11. $950,000 for the Municipality of Anchorage,
Alaska for costs associated with the construction of a
recreational facility;
12. $300,000 for the North Star Council on Aging in
Fairbanks, Alaska for costs associated with the
construction of the Fairbanks Senior Center;
13. $175,000 for Love Social Services in Fairbanks,
Alaska for expansion;
14. $1,000,000 for the Kenai Peninsula Borough,
Alaska for housing upgrades;
15. $900,000 for the City of Ketchikan, Alaska for
costs associated with the construction of the Tongass
Coast Aquarium;
16. $350,000 for Community Association of Hyder,
Alaska for costs associated with the construction of a
high speed water plant;
17. $300,000 for the Juneau Family Birth Center,
Alaska for the construction of a one-stop family
resources center;
18. $200,000 for Alzheimer Disease Resource Agency
of Alaska in Anchorage, Alaska for capital improvements
to its facility to provide in home care services,
respite care, and training of personal care attendants;
19. $525,000 for the Bering Straits Native
Corporation in Nome, Alaska for Cape Nome Quarry
Upgrade;
20. $500,000 for Shishmaref, Alaska for the
construction of barriers;
21. $500,000 for the Special Olympics, Anchorage,
Alaska for costs associated with the construction of a
training center for disabled children;
22. $275,000 for the National History Museum of the
Adirondacks in Tupper Lake, New York for the design and
construction of museum;
23. $500,000 for the City of Conway, Arkansas for
downtown revitalization;
24. $250,000 for the Old Independence Regional
Museum in Batesville, Arkansas for costs associated
with expansion;
25. $250,000 for Mountain Home, Arkansas for the
construction of the Vada Sheid Community Development
Center;
26. $250,000 for the City of Malvern, Arkansas for
the completion of the Ouachita River Millennium Park
Pavilion;
27. $500,000 for the Sacramento Housing and
Development Agency, California for the construction of
new low income housing;
28. $750,000 for the City of Inglewood, California
for the construction of a senior center;
29. $250,000 for the City of Stockton, California
for costs associated with construction of the Eldorado
Teen Center;
30. $250,000 for the City of San Francisco,
California for the Old Mint Redevelopment Project;
31. $350,000 for the City of Davis, California for
the construction of a senior center;
32. $300,000 for the Los Angeles Harbor/Watts
Economic Development Corporation, California for the
development of a park and recreation site;
33. $200,000 for the City of Riverside, CA for
costs associated with the completion of the Arlanza
Neighborhood Center;
34. $200,000 to California State University at
Fresno for costs associated with the Fresno Regional
Jobs Initiative;
35. $250,000 for the Denver Art Museum, Center for
American Indian Art, Denver, Colorado for expansion;
36. $250,000 for the Weld Food Bank in Greeley,
Colorado for expansion and renovation;
37. $250,000 for the La Gente Youth Sports
Recreation Center in Pueblo, Colorado for the expansion
of facilities;
38. $250,000 for the Town of Mountain Village,
Colorado for construction of the Affordable Housing
Initiative;
39. $250,000 for the Town of Montrose, Colorado for
the Montrose Pavilion/Senior Center renovation;
40. $215,000 for the Town of Ignacio, Colorado for
affordable housing development;
41. $250,000 for Foodshare, Inc., in Hartford
County, Connecticut for the construction of a new
distribution center;
42. $250,000 for the Main Street Development
Corporation in Ansonia, Connecticut for the Lower
Naugatuck Valley Economic Development Initiative;
43. $500,000 for the Mark Twain House and Museum in
Hartford, Connecticut for costs associated with
restoration and development;
44. $250,000 for the Town of Plainfield,
Connecticut for the InterRoyal Facility Remediation
Initiative;
45. $250,000 for the Riverfront Development
Corporation in Wilmington, Delaware for construction of
a pedestrian bridge as part of the efforts to redevelop
the Christina riverfront;
46. $250,000 for Sacred Heart Village, Inc. in
Wilmington, Delaware for costs associated with
renovations;
47. $250,000 for City of Ocilla, Georgia, for the
renovations of the Old Ocilla School;
48. $250,000 for Tubman African American Museum,
Macon, Georgia for costs associated with renovations;
49. $500,000 for the City of Coral Gables, Florida
for the Biltmore Complex Restoration Project;
50. $250,000 for the Washington County, Florida
Chamber of Commerce Economic Development Council for
outreach and technical assistance;
51. $250,000 for the Boys and Girls Club of Hawaii
in Honolulu for costs associated with construction of
the Nanakuli site on Hawaiian Homelands;
52. $250,000 for Poamoho Camp Community Association
in Wahiawa, Hawaii for infrastructure improvements;
53. $350,000 for Binhi At Ani in Wailuku, Hawaii
for the construction of the Maui Filipino Community
Center;
54. $400,000 for Friends of Drug Court in Honolulu,
Hawaii for the acquisition of a building;
55. $250,000 for Kauai Economic Opportunity, Inc.,
in Kauai, Hawaii for improvements and renovations to a
homeless shelter;
56. $250,000 for the Hawaii Island Community
Development Corporation in Hilo for the construction of
low-income elderly housing;
57. $1,000,000 for the Clearwater Economic
Development Association, Idaho, for implementation of
the Lewis and Clark Bicentennial plan;
58. $900,000 for Boise State University in Idaho,
for planning, design, and construction for the Center
for Environmental Science and Economic Development;
59. $900,000 for the University of Idaho, at
Moscow, Idaho, for planning and design for a science
and new technologies laboratory;
60. $350,000 for the Field Museum, Chicago,
Illinois for improvements;
61. $150,000 for the Chicago Botanic Garden,
Glencoe, Illinois for the expansion of the School of
the Botanic Garden;
62. $750,000 for the City of Springfield, Illinois
for the design and construction of a community center
on the city's east side;
63. $250,000 for the Campbell Center for Historic
Preservation in Mount Carroll, Illinois to complete the
planning, feasibility, and design phase of its program
expansion and rehabilitation project;
64. $200,000 for the Northwest Illinois Chapter of
the American Red Cross in Freeport, Illinois for the
acquisition of property and construction of a new
chapter office;
65. $200,000 for the Chicago Food Depository,
Illinois for capacity expansion and related programs;
66. $200,000 for the Chicago House and Social
Service Agency in Illinois to develop and construct a
social services community center and programs on the
West Side of Chicago, in partnership with Vital
Bridges/Open Hand;
67. $250,000 for The Community Foundation of Muncie
and Delaware County, Inc., Anderson, Indiana for
expansion of its food bank facilities;
68. $250,000 for the City of Anderson, Indiana for
the completion of the Anderson Fiber Network;
69. $250,000 for the City of Indianapolis, Indiana
for the construction of the Holmes Court Housing
Development;
70. $250,000 for the City of Jefferson, Indiana for
costs associated with the redevelopment of Spring
Street;
71. $250,000 for the City of Waterloo, Iowa for the
acquisition of the Cedar Valley TechWorks Facility;
72. $200,000 for the City of Fort Dodge, Iowa for
the Lincoln Neighborhood Initiative;
73. $250,000 for the City of Fort Dodge, Iowa for
the Lincoln Neighborhood Redevelopment Project;
74. $250,000 for the City of Storm Lake, Iowa for
costs associated with the construction of the
Destination Park Interpretative Center;
75. $250,000 for the City of Bettendorf, Iowa for
the River's Edge Redevelopment Project;
76. $200,000 for the Mid America Housing
Partnership in Cedar Rapids, Iowa for the housing trust
fund;
77. $200,000 for the Scott County Housing Council,
Davenport, Iowa for the construction and rehabilitation
of housing;
78. $200,000 for the City of Waterloo, Iowa for the
Rath Housing Initiative;
79. $200,000 for Homeward Inc., in Iowa for
construction of low income housing;
80. $250,000 for the Kansas Chapter of National
Korean War Veterans Association, Overland Park, Kansas
for the construction of a Korean War Memorial;
81. $500,000 for the City Vision Ministry, Kansas
City, Kansas for Rosedale neighborhood affordable
housing;
82. $650,000 for the City of Great Bend, Kansas for
construction of an environmental education center;
83. $1,225,000 for Haskell Indian Nations
University in Kansas for the construction of a science
center;
84. $500,000 for the City of Topeka, Kansas for
infrastructure construction at the Center Point
Commerce Park;
85. $300,000 for the Veterans Memorial Park of
Wichita, Kansas for renovation project;
86. $200,000 for TLC for Children and Families,
Inc. in Olathe, Kansas for the construction of
residential, educational, and therapy facilities for
homeless teens, foster care youth and parents, and
teens in the Juvenile Justice System;
87. $275,000 for Sedgwick County, Kansas for the
construction of the Oaklawn Community Center;
88. $1,500,000 for the City of Bowling Green,
Kentucky, for purchasing equipment for the South
Central Kentucky Training and Development Project;
89. $800,000 for the City of Bowling Green,
Kentucky for costs associated with the development of
the Lost River Cave Improvement Project;
90. $250,000 for Paducah Area Community Reuse
Organization in Graves County, Kentucky for costs
associated with the construction of the PACRO
Industrial Park;
91. $300,000 for the Owen County Industrial
Authority, Kentucky for the Owen County Gas Line;
92. $250,000 for the Edmonson County, Kentucky for
costs associated with the construction of the Edmonson
Technology and Economic Development Center;
93. $500,000 for Catholic Charities, Archdiocese of
New Orleans, Louisiana for costs associated with
construction for the West Bank Senior Services
Continuum;
94. $250,000 for the City of Grand Isle, Louisiana
for the construction of a community center;
95. $250,000 for the City of Jean Lafitte,
Louisiana for the construction of a community center
and emergency shelter;
96. $250,000 for Lafourche Parish, Louisiana for
the construction of a Seniors Center and recreation
development;
97. $250,000 for the Audubon Nature Institute in
New Orleans, Louisiana for facility improvements;
98. $300,000 for the City of Baton Rouge, Louisiana
Recreation Commission for downtown recreation
development;
99. $250,000 for the City of Dequincy, Louisiana
for downtown revitalization;
100. $250,000 for St. Tammany Parish, Louisiana for
the construction of a maritime training center;
101. $300,000 for the City of Baltimore, Maryland,
for costs associated with the relocation of the Central
Garage;
102. $250,000 for Associated Catholic Charities,
Inc., in Baltimore, Maryland to build a new facility
and renovate an existing facility for Our Daily Bread
Employment Center and My Sister's Place Women's Center;
103. $300,000 for St. Ambrose Housing, for purchase
and rehabilitation of houses in northeast Baltimore,
Maryland;
104. $400,000 for Baltimore County, Maryland, for
the rehabilitation of the Dundalk Community Center;
105. $400,000 for Baltimore County, Maryland, for
the Randallstown Community Center;
106. $250,000 for the Charles County Economic
Development Commission in Maryland for the design of
the Energetics Technology Center;
107. $200,000 for Montgomery County, Maryland for
pedestrian enhancements and safety improvements in Long
Branch;
108. $200,000 for Montgomery County, Maryland for
Fenton Street Village pedestrian linkages;
109. $200,000 for Easter Seals, in Silver Spring,
Maryland for the construction of the Easter Seal Inter-
Generational Center;
110. $500,000 for Prince Georges' County, Maryland,
for the renovation of the Employment and Training
Center and the Multicultural Academy;
111. $500,000 for St. Mary's County, Maryland, for
the acquisition and redevelopment of Lexington Manor;
112. $1,000,000 for the Mandel Center for Nonprofit
Organizations in Cleveland, Ohio, to capitalize a
scholarship endowment established in memory of Art
Naparstek;
113. $500,000 for the National Council of Negro
Women, in Washington, DC, for the construction and
renovation of 633 Pennsylvania Avenue, in Northwest,
Washington, DC;
114. $250,000 for the City of Brewer, Maine to
acquire and redevelop eight parcels of land on the
Penobscot River;
115. $250,000 for the City of Caribou, Maine to
improve and repair a gymnasium and related facilities
in the Armory building;
116. $250,000 for the City of Auburn, Maine to
construct the Great Falls Parking Garage;
117. $250,000 for the People's Regional Opportunity
Program [PROP] for the construction of affordable
housing units and a neighborhood center in Portland,
Maine;
118. $270,000 for the Attleboro Redevelopment
Authority, Massachusetts for the Attleboro
Redevelopment Authority Manufacturing Site Remediation
and Redevelopment;
119. $310,000 for the Greater Boston Food Bank,
Massachusetts for expansion of its distribution center;
120. $270,000 for the City of Lawrence,
Massachusetts for the demolition and remediation of the
Lawrence In-Town Mall building;
121. $200,000 for the City of Northampton,
Massachusetts for the redevelopment of blighted land;
122. $200,000 for the City of North Adams,
Massachusetts for the redevelopment and renovation of
the Mohawk Theater;
123. $300,000 for the A.E. Seaman Mineral Museum in
Houghton, Michigan for costs associated with the
relocation of the Museum;
124. $300,000 for the Motown Center in Detroit,
Michigan for costs associated with the relocation of
the center;
125. $300,000 for the City of Detroit, Michigan for
costs associated with the restoration of the
riverfront;
126. $350,000 for the State Theatre of Bay City/Bay
County, Michigan for the restoration of the State
Theatre;
127. $350,000 for the City of Port Huron, Michigan
for revitalization;
128. $250,000 to the Minnesota Housing Finance
Agency for supportive housing for homelessness in St.
Paul, Minnesota;
129. $250,000 to the City of St. Paul, Minnesota
for rehabilitation needs at the Ames Lake Neighborhood/
Phalen Place Apartments;
130. $700,000 for Neighborhood House in St. Paul,
Minnesota for construction of the Paul and Sheila
Wellstone Center for Community Building;
131. $250,000 for the Organization of Liberians in
Minnesota in Brooklyn Park for costs associated with
the construction of The Liberian Cultural and Community
Center;
132. $1,000,000 for the Area Development
Partnership in Hattiesburg, Mississippi for costs
associated with the construction of the Hattiesburg
Innovation Commercialization Center;
133. $1,850,000 to Mississippi State University for
renovation of the Lloyd-Ricks building in Starkville,
Mississippi;
134. $750,000 to Lafayette County for restoration
of the Lafayette County Courthouse in Oxford,
Mississippi;
135. $300,000 to the City of Waynesboro for
relocation of the Police Department in Waynesboro,
Mississippi;
136. $300,000 to the City of Brookhaven for
renovation of the Fire House in Brookhaven,
Mississippi;
137. $300,000 to the City of Holly Springs for the
North Memphis Street Redevelopment project in Holly
Springs, Mississippi;
138. $250,000 to Kemper County for infrastructure
improvements in Kemper County, Mississippi;
139. $200,000 for the City of Booneville,
Mississippi for community development;
140. $250,000 to the Martin Luther King Foundation
for the rehabilitation of the community center in
Pickens, Mississippi;
141. $800,000 to the City of Jackson for the
remediation and renovation of historic King Edward
Hotel in Jackson, Mississippi;
142. $250,000 to the City of Pascagoula for public
library repairs in Pascagoula, Mississippi;
143. $250,000 to the City of Ellisville for the
renovation and construction of the public library in
Ellisville, Mississippi;
144. $250,000 for St. Patrick Center for the
Homeless Partnership Center in St. Louis, Missouri for
construction;
145. $250,000 for the Green Hills Regional Planning
Commission for construction of renewable energy and
rural economic development projects in Putnam County,
Missouri;
146. $250,000 for Joplin Area Chamber of Commerce
Foundation in Missouri for the Joseph Newman Business
and Technology Innovation Center;
147. $250,000 for Greene County, Missouri for
developing a natural history museum in Springfield,
Missouri;
148. $1,000,000 to St. Charles County Association
for Retarded Citizens for Family Support Center
construction in St. Charles County, Missouri;
149. $1,000,000 to the City of St. Joseph, Missouri
for construction associated with the St. Joseph
Community Riverfront Redevelopment Project;
150. $1,000,000 to the St. Louis Science Center for
visitor center construction in St. Louis, Missouri;
151. $1,000,000 to the Ozarks Development
Corporation to provide infrastructure improvements to a
development park in West Plains/Pamona, Missouri;
152. $1,000,000 to the City of St. Joseph, Missouri
for demolition of the Heartland Regional Medical
Center;
153. $1,000,000 to the City of St. Louis, Missouri
for construction of a truck entrance at Broadway and
St. Louis Avenue, utility relocation, rail track
relocation and perimeter fencing;
154. $500,000 to the Bartley-Decatur Neighborhood
Center, Inc. to restore/re-construct home for use as
revitalized neighborhood center in Springfield,
Missouri;
155. $500,000 for the Northern Rockies Center for
Senior Health, Billings, Montana, for construction of a
senior citizens facility;
156. $700,000 for the Big Sky Economic Development
Authority, Billings, Montana, for economic development
outreach;
157. $300,000 for the Great Falls Development
Authority, Great Falls, Montana, for economic
development outreach;
158. $350,000 for the Chippewa Cree Tribe, Box
Elder, Montana, for a housing construction project;
159. $300,000 for the Story Mansion, Bozeman,
Montana for historical renovations and improvements;
160. $300,000 for the Rocky Mountain Development
Council/PenKay Eagle Manor Renovation, Helena, Montana,
for renovations and improvements;
161. $300,000 for the Rocky Mountain Elk
Foundation, Missoula, Montana for construction
projects;
162. $300,000 for the City of Billings, Montana
West Side planning and development project;
163. $250,000 for the Billings Child and Family
Intervention Center, Billings, Montana for construction
projects;
164. $250,000 for the Montana Technology Enterprise
Center in Missoula, Montana for a revolving loan fund;
165. $250,000 for the Family Service, Inc. of
Omaha, Nebraska, for construction of the Sarpy County
Family Service Center;
166. $250,000 for Metropolitan Community College of
Omaha, Nebraska, for construction of a Health Careers
Center;
167. $250,000 for the Davey Area Community Center
in Davey, Nebraska for costs associated with
construction;
168. $500,000 for the Penacook Tannery in Concord,
New Hampshire for restoration;
169. $500,000 for the Claremont Mill in Claremont,
New Hampshire for redevelopment;
170. $400,000 for the Tilton Riverfront Park in
Tilton, New Hampshire for development;
171. $250,000 for the Old New Hampshire State House
Planning Project in Concord, New Hampshire for planning
of reconstruction of the first New Hampshire State
House;
172. $450,000 for the New Hampshire Main Street
Center in Concord, New Hampshire for the development of
downtown areas;
173. $350,000 for the Souhegan Boys and Girls Club
in Milford, New Hampshire for the construction of a new
center;
174. $350,000 for the Manchester Historical
Association in Manchester, New Hampshire for the
renovation of the Center for Preserving Manchester's
History;
175. $250,000 for the Northern Community Investment
Corporation, Colebrook, New Hampshire for rural
broadband telecommunications project;
176. $250,000 for the Tri-County Community Action
Program/City of Berlin, New Hampshire, for elimination
of blighted and unsafe buildings;
177. $250,000 for the City of East Orange, New
Jersey for construction of a senior center;
178. $250,000 for the Town of Hammonton, New Jersey
for the construction of a community center complex;
179. $250,000 for La Casa de Don Pedro in Newark,
New Jersey for renovations in relation to the Lower
Broadway Improvement Zone project;
180. $250,000 for the City of Woodbine, New Jersey
for renovations in relation to the Woodbine Community
Center Complex project;
181. $250,000 for the Borough of Carteret, New
Jersey for the construction of an International Trade
and Logistics Center;
182. $250,000 for the South Jersey Economic
Development District for economic revitalization in
Atlantic, Cape May, Cumberland, and Salem counties;
183. $400,000 for the Office of the New Mexico
State Fire Marshal, Santa Fe, New Mexico, to support
improved fire service, training services,
infrastructure, and/or information systems in the State
of New Mexico and at the New Mexico State Fire Academy
in Socorro, New Mexico;
184. $500,000 for Goodwill Industries of New
Mexico, Albuquerque, New Mexico, for renovation of its
headquarters and client training center;
185. $275,000 for the Village of Tijeras, New
Mexico, for purchase of a fire pumper truck to serve
the community and Federal installations in the area;
186. $1,175,000 for Presbyterian Medical Services,
Santa Fe, New Mexico, for the construction of Santa Fe
County Head Start and Early Head Start facilities;
187. $400,000 for the City of Clovis Fire
Department, New Mexico, for purchase of emergency
medical vehicles to serve the community and Federal
installations in the area;
188. $750,000 for the City of Hobbs, New Mexico,
for infrastructure associated with the development of
the Hobbs Industrial Air Park;
189. $500,000 for Eastern New Mexico University,
Portales, New Mexico, for purchase of
telecommunications equipment for its communications
program and public radio station KENW;
190. $250,000 for the Albuquerque Hispano Chamber
of Commerce, New Mexico for the expansion of the
Barelas Job Opportunity Center;
191. $250,000 for the Town of North Hempstead, New
York for the New Cassel Revitalization and
Redevelopment Project;
192. $250,000 for the City of Buffalo, New York for
the renovation of a building to create housing for the
Buffalo Arts Homesteading Program;
193. $250,000 for The Olana Partnership in Hudson,
New York for costs associated with construction;
194. $250,000 for the City of Poughkeepsie, New
York for costs associated with replacing the roof on
the Historic Luckey, Platt Building;
195. $350,000 for Pucho's, Inc., in Buffalo, New
York for the construction of a new recreational and
educational resource room;
196. $350,000 for the United Jewish Organizations
of Williamsburg, Inc. in Brooklyn, New York for the
construction of a new community services building;
197. $300,000 for the Burchfield Penney Art Center
in Buffalo, New York for construction of a new museum;
198. $800,000 for the City of Las Vegas, Nevada for
improvements to a historic building;
199. $250,000 for the City of Reno, Nevada for the
Reno Fourth Street Corridor Enhancements which include
but are not limited to streetscape improvements, safety
upgrades, and the installation of lighting;
200. $250,000 for Nevada Partners, Home of the
Culinary Training Institute in North Las Vegas, Nevada
for the expansion of the Southern Nevada Strategic
Vocational Training Center;
201. $250,000 for the Urban Chamber of Commerce in
Las Vegas, Nevada for costs associated with the
construction of a multi-use and instructional center;
202. $250,000 for the North Las Vegas Library
District, Nevada for costs associated with the
construction of a full service library;
203. $250,000 for East Las Vegas Community
Development Corporation, Nevada for equipment;
204. $200,000 for Ethel-Willia, Incorporated in
Nevada for the Smart Start Child Care Center;
205. $200,000 for the Town of Pahrump, Nevada for
costs associated with the construction of the Pahrump/
Nye County Fairground;
206. $500,000 for the City of Reno/Good Shepherd
Clothes Closet Project, Reno, Nevada;
207. $200,000 for the National Whitewater Center in
Charlotte, North Carolina for costs associated with
construction;
208. $200,000 for the Wake County Library
Foundation in Raleigh, North Carolina for costs
associated with construction;
209. $200,000 for the Blowing Rock Performing Arts
in Blowing Rock, North Carolina for construction;
210. $250,000 for Ashe County, North Carolina to
develop a Business Incubator in the Family Central
Complex;
211. $250,000 for Our Children's Place in Granville
County, North Carolina to construct a facility;
212. $350,000 for the Northwest Ventures
Communities Inc., Minot, North Dakota for the
construction of the Northwest Career and Technology
Center;
213. $350,000 for the Three Affiliated Tribes
Tourism Department, New Town, North Dakota for a
cultural interpretive center;
214. $300,000 for the United Tribes Technical
College in Bismarck, North Dakota for the construction
of family housing;
215. $300,000 for the NDSU Research and Technology
Park Inc., in Fargo, North Dakota for the Advanced
Technology Career Center;
216. $250,000 for the Minot Area Community
Foundation, North Dakota for the Prairie Community
Development Center;
217. $250,000 for the Franklin County Metro Parks,
Franklin County, Ohio for the purchase of land in the
Darby Creek Watershed;
218. $250,000 for the Springfield Center City
Association, Springfield, Ohio for the construction of
a business incubator;
219. $250,000 for Improved Solutions for Urban
Systems, Inc., Dayton, Ohio to create a new model for
economic, community and workforce development;
220. $250,000 for the Toledo-Lucas County Port
Authority for the Northwest Ohio Brownfield Restoration
Initiative;
221. $250,000 for the Youngstown Central Area
Community Improvement Corporation, Youngstown, Ohio for
construction of the Advanced Technology Incubator for
Market Ready Applications;
222. $250,000 for First Frontier, Inc., Xenia, Ohio
for revitalization of the amphitheatre;
223. $550,000 for Cleveland Playhouse Square,
Cleveland, Ohio for IDEA Center;
224. $450,000 for Development Projects, Inc.,
Dayton, Ohio for Downtown Dayton Northeast Quadrant;
225. $300,000 for CAMP, Cleveland, Ohio for
Cleveland Manufacturing Technology Complex;
226. $500,000 for the Standing Bear Native American
Foundation, Ponca City, Oklahoma for creation of the
Standing Bear Museum and Education Center;
227. $250,000 to Washington County, Oregon for
costs associated with the construction of a homeless
shelter;
228. $450,000 to the Portland Development
Commission, Oregon, for the North Macadam affordable
housing project;
229. $250,000 to the City of Gresham, Oregon for
costs associated with the construction of a cultural
arts center;
230. $250,000 to the City of Brookings Harbor,
Oregon for the redevelopment of the boardwalk;
231. $500,000 for the City of Portland, Oregon for
development of the Portland Streetcar;
232. $200,000 for the Bean Foundation, Inc. in
Bend, Oregon for costs associated with the construction
of the Madras Center for Education and Workforce
Training;
233. $200,000 for Brookings Harbor, Oregon for
costs associated with the construction of the Brookings
Harbor Seafood Processing Plant;
234. $300,000 for the Urban Redevelopment Authority
of Pittsburgh, Pennsylvania, for the redevelopment of
South Side Works;
235. $300,000 for the City of Scranton,
Pennsylvania, for the Cedar Avenue Revitalization;
236. $300,000 for Bucknell University, Lewisburg,
Pennsylvania for the Lewisburg Downtown Theater
rehabilitation;
237. $250,000 for the Allegheny West Foundation,
Philadelphia, Pennsylvania, for the Budd Plant
rehabilitation project;
238. $250,000 for the Indiana County Development
Corporation, Indiana, Pennsylvania, for the Indiana
Springs development project;
239. $250,000 for the City of Erie, Pennsylvania,
for site preparation and redevelopment of the vacant
and blighted Koehler Brewery Building;
240. $250,000 for the City of Greensburg,
Pennsylvania, for construction of a Center for the
Arts;
241. $250,000 for Our City Reading, in Reading,
Pennsylvania, for the rehabilitation of abandoned
houses and parks to provide quality home ownership
opportunities to low-income families;
242. $250,000 for the Greater Wilkes-Barre Chamber
of Business and Industry, in Wilkes-Barre,
Pennsylvania, for the acquisition and redevelopment of
the historic Irem Temple;
243. $250,000 for the City of Lancaster,
Pennsylvania, for the rehabilitation and renovation of
the Lancaster Central Market;
244. $250,000 for Eagles Mere Village, Inc., in
Eagles Mere, Pennsylvania, for the acquisition and
rehabilitation of downtown buildings;
245. $250,000 for the Allegheny County Department
of Community and Economic Development, in Pittsburgh,
Pennsylvania, for the planning, design, and
construction of Schenley Plaza;
246. $250,000 for the Greene County Department of
Planning and Development, in Franklin Township,
Pennsylvania, for construction of a multi-tenant
facility at EverGreene Technology Park;
247. $200,000 for Universal Community Homes in
Philadelphia, Pennsylvania, for the conversion of land
into for-sale units to low- and moderate-income
families;
248. $200,000 for the Borough of Lewistown,
Pennsylvania, for the rehabilitation and renovation of
the Lewistown Municipal Building;
249. $200,000 for the Darby Borough Community
Development Corporation, in Darby, Pennsylvania, for a
Main Street revitalization initiative including
acquisition, renovation, and demolition of downtown
buildings;
250. $200,000 for the Chester County Industrial
Development Authority, in East Whiteland and Tredyffrin
Townships, Pennsylvania, for the redevelopment of the
Atwater Brownfields site;
251. $200,000 for the Inglis Foundation, in
Philadelphia, Pennsylvania, for the planning, design,
and construction of housing for individuals with
disabilities;
252. $250,000 to the Pawtucket Armory Association
in Pawtucket, Rhode Island for renovation of the armory
into a performing arts and arts education center;
253. $250,000 to Westbay Community Action in
Warwick, Rhode Island for the purchase and renovation
of a building for use as a child care center;
254. $250,000 to the Providence Neighborhood
Investment Program in Providence, Rhode Island for
economic revitalization projects in distressed
communities;
255. $250,000 for the Meeting Street National
Center of Excellence in Providence, Rhode Island for
the construction of a new facility and recreation
space;
256. $250,000 for Rhode Island College in
Providence, Rhode Island for the renovation of the
former State Home and School;
257. $250,000 to the Old Slater Mill Association in
Pawtucket, Rhode Island for improvements to the
exhibitry and the building;
258. $400,000 for Meeting Street in Providence,
Rhode Island for a recreational facility;
259. $200,000 for the West Warwick Senior Center,
Inc. in Rhode Island for the costs associated with
construction of affordable housing and community
center;
260. $200,000 for Crossroads Rhode Island in
Providence, Rhode Island for building renovations;
261. $200,000 for the United Methodist Elder Care
in East Providence, Rhode Island for fire, life safety,
security and communications systems;
262. $250,000 for City of Anderson, South Carolina
for costs associated with the construction of the
Murray/Franklin Street Project;
263. $250,000 for American College of the Building
Arts, Charleston, South Carolina for training and
skills;
264. $400,000 for EngenuitySC in Columbia, South
Carolina for building renovations and purchasing of
technology equipment;
265. $1,400,000 for the Wakpa Sica Historical
Society in Fort Pierre, South Dakota for the Wakpa Sica
Reconciliation Center;
266. $400,000 for the City of Mobridge, South
Dakota for the Missouri River riverfront economic
development project;
267. $250,000 for the Sioux Empire Housing
Partnership in Sioux Falls, South Dakota for
development of low income housing;
268. $250,000 for City of Sioux Falls, South Dakota
for a day care center;
269. $400,000 for the Sioux Falls Family YMCA,
South Dakota for construction of a facility;
270. $250,000 for Tea, South Dakota for costs
associated with construction of a city hall;
271. $250,000 for the Cheyenne River Youth Project,
Eagle Butte, South Dakota for the construction of a
teen center;
272. $400,000 for the Oglala Sioux Tribe in Pine
Ridge, South Dakota for the construction of a veterans
center;
273. $400,000 for the Cheyenne River Sioux Tribe in
Eagle Butte, South Dakota for the construction of a
veterans center;
274. $250,000 for the Central States Fair Inc., in
Rapid City, South Dakota for infrastructure
improvements;
275. $200,000 for the Cobscook Bay Resource Center
in Eastport, Maine to develop a marketing co-operative;
276. $500,000 for City of Brookings, South Dakota
for Growth Partnership Research Park;
277. $250,000 for Rapid City YMCA, South Dakota for
the construction of a teen wellness center;
278. $500,000 for the City of Sturgis, South
Dakota, for the Sturgis Industrial Park;
279. $250,000 for the Rapid City Arts Council,
Rapid City, South Dakota, for the Dahl Arts Center;
280. $1,600,000 for the Memphis Biotech Foundation
in Memphis, Tennessee for planning, design,
construction, and equipment associated with the Memphis
Biotech Foundation;
281. $500,000 for the City of Huntingdon, Tennessee
for land acquisition;
282. $500,000 for the Rolling Mill Hill
Revitalization Project in Nashville, Tennessee for the
revitalization of distressed urban areas;
283. $500,000 for the Big South Fork Visitors
Center, Scott County, Tennessee to develop new visitors
facilities;
284. $250,000 for the Chattanooga Public Housing
Authority to support the Economic Self Sufficiency and
21st Century Work Skills program in Chattanooga,
Tennessee;
285. $250,000 for the Native American Indian
Association of Tennessee, Nashville, Tennessee for
construction of a cultural center;
286. $250,000 for the Lauderdale County Industrial
Park, Lauderdale County, Tennessee for industrial site
development;
287. $250,000 for the Country Music Hall of Fame
and Museum, Nashville, Tennessee to support community
programs;
288. $250,000 for the Chattanooga African American
Chamber of Commerce, Tennessee to construct the Martin
Luther King Business Solutions Center;
289. $250,000 for the Appalachian Service Project,
Johnson City, Tennessee to support the Summer Home
Repair Program;
290. $500,000 for Covenant House Texas in Houston
to evaluate the structural and mechanical systems of
the current emergency shelter and upgrade the agency's
infrastructure;
291. $400,000 for the Acres Home Economic
Development Initiative in Houston, Texas to redevelop
the Acres home-community;
292. $250,000 for the World Congress on Information
Technology in Austin, Texas for renovations to the
Austin Convention Center;
293. $200,000 for the Beaumont Downtown Improvement
Program in Beaumont, Texas for downtown redevelopment;
294. $200,000 for the Texas Theater Renovations in
Dallas, Texas for renovations to the building;
295. $250,000 for Caritas of Austin, Texas for the
Austin Basic Needs Collaboration Economic Development
Initiative;
296. $200,000 for the Fort Worth Urban Villages
Revitalization initiative in Fort Worth, Texas for
downtown improvements;
297. $200,000 for the Houston Freedman's Town
African American Archive in Houston, Texas for
continued renovations to the Gregory School;
298. $200,000 for the San Angelo Home Loan Program
in San Angelo, Texas to continue helping low and
moderate income families with housing needs;
299. $200,000 for the East Austin Improvements
project in Austin, Texas to provide improvements to the
Central East Austin neighborhood;
300. $200,000 for the Denton Downtown Redevelopment
project in Denton, Texas for downtown square
improvements;
301. $200,000 for the Plaza Theater Renovations in
Laredo, Texas to renovate the Plaza Theater;
302. $200,000 for the Corpus Christi Downtown
Redevelopment in Corpus Christi, Texas to provide
streetscape improvements;
303. $100,000 for the St. Phillips Neighborhood
Redevelopment Initiative in Dallas, Texas to provide
improvements to the community;
304. $200,000 for the Vermont Institute of Natural
Science, Woodstock, Vermont for the construction of a
wildlife rehabilitation facility;
305. $200,000 for Vermont Housing and Conservation
Board for the development of affordable housing in
Rutland, Vermont;
306. $750,000 for the Vermont Center on Emerging
Technologies, Burlington, Vermont for development of a
technology incubator;
307. $600,000 for the Preservation Trust of
Vermont, Burlington, Vermont for the Village
Revitalization Initiative;
308. $450,000 for the Vermont Housing and
Conservation Board, Montpelier, Vermont for development
of affordable housing and downtown revitalization in
Burlington, Vermont;
309. $250,000 for the Art Museum of Western
Virginia in Roanoke, Virginia for planning and
construction of a new museum;
310. $250,000 for the George C Marshall Foundation
in Lexington, Virginia for renovation and repair;
311. $700,000 for Christopher Newport University
Real Estate Foundation, Newport News, Virginia for the
Warwick Boulevard Commercial Corridor Redevelopment
project;
312. $500,000 for the Woodrow Wilson Presidential
Library, Staunton, Virginia for planning, construction,
and renovation of the facility;
313. $300,000 for Virginia Economic Bridge, Inc.,
Radford, Virginia for development and operation of
programs to address employment and economic development
in Southwest Virginia;
314. $650,000 for Wayne County, Utah for the Wayne
County Community Center;
315. $250,000 for West Jordan, Utah for the West
Jordan Pioneer Hall Renovation;
316. $900,000 for USF Elizabethan Theater, Cedar
City, Utah for design and construction of an
Elizabethan theater;
317. $1,000,000 for Brigham City, Utah for the
Academy Building Renovation;
318. $500,000 for Salt Lake City, Utah for
renovation of Historic Pioneer Park;
319. $250,000 for the Boys and Girls Club of South
Puget Sound in Tacoma, Washington for costs associated
with construction of new community centers;
320. $250,000 for the SWIFT Cyber Group in
Richland, Washington for the SWIFT Initiative I--
Elimination of Broadband Gaps;
321. $200,000 for the Washington Technology Center
in Seattle for the Washington Nanotechnology
Initiative;
322. $200,000 for the City of Burien, Washington
for the acquisition and redevelopment of the Burien
Highline Senior Center;
323. $500,000 for the Delridge Development
Association in Seattle, Washington for renovations of
the Old Cooper School;
324. $500,000 for Yakima Valley Farmworkers Clinic
in Toppenish, Washington for costs associated with the
construction of Science and Technology Partnership
Center;
325. $300,000 for the Edmonds Public Facilities
District in Washington for costs associated with the
construction of the Edmonds Center for the Arts;
326. $300,000 for St. Anne's Children/Family Center
in Spokane, Washington for costs associated with
construction;
327. $250,000 for the Northwest Maritime Center in
Port Townsend, Washington for construction;
328. $250,000 for the Washington Public Ports
Association in Olympia, Washington for the WPAA
Education Foundation;
329. $1,250,000 for the Raleigh County Commission,
West Virginia for further development at the Raleigh
County Airport Industrial Park;
330. $1,250,000 for West Virginia University for
the development of a facility to house forensic science
research and academic programs;
331. $1,250,000 for the McDowell County Commission,
West Virginia for infrastructure and site development
at the Indian Ridge Industrial Park;
332. $750,000 for the City of Beckley, West
Virginia for downtown revitalization;
333. $300,000 for the Redevelopment Authority of
the City of Milwaukee, Wisconsin for the Riverwest
Neighborhood Housing Initiative;
334. $250,000 for the Redevelopment Authority of
the City of Milwaukee, Wisconsin for the redevelopment
of the Tower Automotive site;
335. $300,000 for the City of Madison, Wisconsin
for the South Madison Redevelopment Project;
336. $300,000 for the Town of Madison, Wisconsin
for the continued work on the Novation Technology
Campus;
337. $300,000 for the City of Kenosha, Wisconsin
for the Brass Redevelopment Project;
338. $250,000 for the Menomonee Valley Partners of
Milwaukee, Wisconsin for the redevelopment of a former
rail yard;
339. $250,000 for the City of Manitowoc, Wisconsin
for economic development activities;
340. $300,000 for the West Central Wisconsin
Regional Planning Commission in Eau Claire for
technology start ups and expansions;
341. $250,000 for Riverfront Inc., in La Crosse,
Wisconsin for the construction of work centers for the
disabled;
342. $750,000 for the University of Wyoming,
Laramie, Wyoming for the construction of the Wyoming
Technology Business Center;
343. $250,000 for the Cottonwood Park Estates,
Gillette, Wyoming for the removal of asbestos for
senior housing construction;
344. $100,000 to the City of Gadsden, Alabama for
construction of the facility for the New Centurions
Substance Abuse Program for Women;
345. $200,000 to the City of Hanceville, Alabama
for construction of the Wallace State Center for
Automotive Manufacturing and Plastics;
346. $200,000 to the City of Rainsville, Alabama
for construction of the Rainsville Agricenter;
347. $150,000 to the City of Guntersville, Alabama
for renovation of the Old Rock School Whole Backstage
Theater;
348. $100,000 to the City of Hokes Bluff, Alabama
for construction of a Senior Center;
349. $60,000 to the City of Arab, Alabama for
construction of the Lola Boyd Outdoor Education and
Wildlife Area facility;
350. $50,000 to the City of Gordo, Alabama for
construction of a public library;
351. $50,000 to the City of Fayette, Alabama for
renovation of the historic old Post Office;
352. $20,000 to Winston County, Alabama for
facilities construction and renovation of the Historic
Houston Jail;
353. $20,000 to Winston County, Alabama for
facilities construction and renovation of the Winston
County Local Government Record Depository;
354. $250,000 for the City of Birmingham, Alabama
for renovations to the Birmingham Zoo;
355. $200,000 to the City of Mobile, Alabama for
renovations to the Saenger Theater;
356. $200,000 to Wallace Community College for
construction for the Southeast Alabama Nursing
Initiative in Dothan, Alabama;
357. $150,000 to the Chris Hammond Youth Foundation
for construction of a youth sports complex in Wedowee,
Alabama;
358. $150,000 to the City of Tuskgee, Alabama for
downtown revitalization;
359. $590,000 for Covenant House in Anchorage,
Alaska for capital improvement needs;
360. $150,000 to North Arkansas College in
Harrison, Arkansas for facilities construction of the
North Arkansas College Health Sciences Education
Center;
361. $150,000 to Monticello-Drew County in Arkansas
for Phase II of the Regional Sports Complex;
362. $150,000 to the City of Phoenix, Arizona for
construction of the Bob Stump Veteran's Museum;
363. $150,000 for the Marc Center in Mesa, Arizona
for construction of the Marc Day Treatment and Training
Center;
364. $250,000 to Patronato Sax Xavier for
facilities renovation at Mission San Xavier del Bac in
Tucson, Arizona;
365. $430,000 to the Fox Tucson Theatre Foundation
for the preservation of the Fox Tucson Theatre in
Tucson, Arizona;
366. $100,000 to the Town of Springerville, Arizona
for renovations to the historic Old Springerville
Elementary School;
367. $250,000 to the Riverside Community College in
Riverside, California for facilities construction and
renovation improvements;
368. $200,000 to the Riverside Community College
for construction of the School of Nursing in Riverside,
California;
369. $330,000 to HomeAid America for the
construction of HomeAid America Temporary homeless
shelters in Costa Mesa, California;
370. $250,000 to the San Diego Food Bank in San
Diego, California for facilities improvements;
371. $850,000 to the City of Lincoln, California
for construction and renovation of a Cultural and
Business Center;
372. $100,000 to the Auburn Peforming Arts Center
for the purchase, demolition and reconstruction of the
city's State Theater in adjoining properties in
downtown Auburn, California;
373. $575,000 to the City of Sierra Madre,
California for the construction of the Sierra Madre
Youth Activity Center;
374. $100,000 to the Lompoc Boys & Girls Club for
facilities renovation of the Lompoc Boys & Girls
Clubhouse;
375. $150,000 to the Thousand Oaks Boys & Girls
Club for construction of a new clubhouse on the campus
of Colina Middle School in Thousand Oaks, California;
376. $200,000 to the City of Redding, California
for industrial park development at the Stillwater
Business Park;
377. $355,000 to the Boys and Girls Club of East
San Diego County for construction of a new clubhouse in
Santee, California;
378. $250,000 to the City of Oceanside, California
for construction of a new Senior Center;
379. $100,000 to the town of Yucca Valley,
California for the Civic Center Park;
380. $150,000 to the City of Twentynine Palms,
California for facilities and land acquisition for the
Joshua Tree National Park Visitors Center;
381. $250,000 for the City of Desert Hot Springs,
California for the development and construction of the
Civic and Community Center;
382. $250,000 to the City of Banning, California
for construction and renovation of the city pool;
383. $280,000 to the National Orange Show in San
Bernardino, California for facilities construction and
renovation of the stadium;
384. $625,000 to the City of Apple Valley,
California for construction of the Civic Center Park
project;
385. $250,000 to the City of Lancaster, California
for land acquisition for the North Downtown Transit
Village Project;
386. $200,000 to the City of Whittier, California
for the expansion and remodeling of the Whittwood
Branch Library;
387. $200,000 to the International Agri-Center in
Tulare, California for facilities construction;
388. $200,000 to the City of Citrus Heights,
California for the Auburn Boulevard Commercial Corridor
Enhancements;
389. $225,000 to the City of Livermore, California
for facilities construction and renovations for the
Tri-Valley Homeownership Clearinghouse;
390. $250,000 to the North Fork Community
Development Council for industrial park development in
North Fork, California;
391. $200,000 to the City of Westminster,
California for construction of the Community Cultural
and Education Center;
392. $200,000 to Kern County, California for
infrastructure improvements of the Imperial Way
Industrial Park;
393. $280,000 to the City of Bakersfield,
California for sidewalks, street furniture and facade
improvements;
394. $475,000 to the University of California for
facilities construction and renovation to the Shafter
Cotton Research and Extension Center in Shafter,
California;
395. $150,000 to the Bowers Museum of Cultural Art
in Santa Ana California for facilities expansion and
renovation;
396. $100,000 to the City of Aurora, Colorado for
facilities construction and renovation of the
Fitzsimmons Redevelopment Authority;
397. $100,000 to Jefferson County, Colorado for
facilities and construction of an early childhood
development center;
398. $150,000 for the City of Arvada, Colorado for
the design phase of the community's arts and humanities
center;
399. $100,000 to the Bent of the River Audubon
Center for facilities renovation of the Visitor's
Center in Connecticut;
400. $150,000 for Trinity-On-Main in New Britain,
Connecticut for the Trinity-On-Main Arts Education and
Community Center for property acquisition and
renovation;
401. $100,000 to Progressive Training Associates in
Bridgeport, Connecticut for facilities construction;
402. $100,000 to the Stamford Center for the Arts
for facilities construction of Little Theater & Arts
Education Center;
403. $200,000 to the Stamford Yerwood Center in
Stamford, Connecticut for facilities renovation;
404. $280,000 to the City of Bridgeport,
Connecticut for facilities construction and renovation
of the Music and Arts Center for Humanity;
405. $100,000 to the Town of Willington,
Connecticut for construction of the Willington Senior
Center;
406. $150,000 to the City of Norwich, Connecticut
for the development of Harbor Park;
407. $100,000 for the Beebe School of Nursing in
Lewes, Delaware for facilities construction and
renovation;
408. $150,000 to the National Children's Museum in
Washington, DC for facilities construction and
relocation costs;
409. $250,000 for the City of Clearwater, Florida
for facilities construction and renovation improvements
for the Clearwater Homeless Intervention Project;
410. $475,000 for Volunteer Jacksonville for the
construction of the Volunteer Jacksonville Facility in
Jacksonville, Florida;
411. $280,000 for the South Florida Goodwill for
facility renovations in Miami, Florida;
412. $475,000 to the Centro Mater Head Start
Facilities for construction of a new facility in
Hialeah, Florida;
413. $100,000 to Orange County, Florida for
expansion of the Marks Street Senior Center;
414. $625,000 to the Office of Farmworker
Ministries in Apopka, Florida for facilities
construction;
415. $150,000 to the Sebring Airport Authority for
industrial park development in Sebring, Florida;
416. $475,000 to the City of Fort Myers, Florida
for the restoration of Edison & Ford Winter Estates;
417. $200,000 to the City of Sarasota, Florida for
the Fredd ``Glossie'' Atkins park expansion;
418. $150,000 to the City of Ocoee, Florida for
facilities construction for a senior citizen veterans
services center;
419. $200,000 to the City of Palatka, Florida for
the Palatka Riverfront improvements;
420. $100,000 to the City of Miami, Florida for the
Elderly Assistance Program for facilities construction;
421. $250,000 to the City of Boca Raton, Florida
for sidewalks, street furniture, and facade
improvements;
422. $150,000 to the City of Gainesville, Florida
for facilities improvements and upgrades of the Depot
Regional Stormwater Park;
423. $150,000 for Alachua County, Florida for
streetscape improvements for the Partners for a
Productive Community Enhancement Initiative;
424. $610,000 to Hubbs/Sea World for facilities
construction of a marine and coastal research center in
Brevard County, Florida;
425. $610,000 to Shands/Jacksonville for facilities
construction and renovation of an emergency room/trauma
center in Jacksonville, Florida;
426. $610,000 to the Orlando Regional Medical
Center for facilities construction and renovation of
the Pediatric Trauma Center in Orlando, Florida;
427. $50,000 to Crosswinds Youth Services for
facilities construction of a youth center in Brevard
County, Florida;
428. $200,000 to the City of Largo, Florida for
Central Park facilities improvements;
429. $850,000 to the City of Clearwater, Florida
for streetscape improvements for the Beachwalk project;
430. $250,000 to Pinellas County, Florida for
facilities construction and renovation of the Urban
League Community Center;
431. $850,000 to the Salvador Dali Museum in St.
Petersburg, Florida for planning, design, and
construction of facilities;
432. $850,000 to the City of Dunedin, Florida for
facilities construction and renovation of the city
community center;
433. $100,000 to the National Armed Services and
Law Enforcement Memorial Museum, in Dunedin, Florida
for facilities construction and renovation;
434. $850,000 to the City of St. Petersburg,
Florida for facilities renovation and expansion of the
Florida Museum of Fine Arts;
435. $375,000 to the City of Palm Harbor, Florida
for the downtown revitalization project;
436. $375,000 to the City of Treasure Island,
Florida for the community development project;
437. $475,000 to the City of St. Petersburg,
Florida for restoration of the Jordan School;
438. $575,000 to the City of St. Petersburg,
Florida for the Tangerine Avenue community development
project;
439. $275,000 for the City of Coral Gables, Florida
for the Biltmore Complex Restoration Project;
440. $280,000 to the City of St. Petersburg,
Florida for Dome Industrial Park facilities renovation
and construction;
441. $280,000 to the City of St. Petersburg,
Florida for facilities construction and improvements at
Bartlett Park;
442. $250,000 to the City of Tampa, Florida for
facilities construction and renovation for the Bay
History Center;
443. $625,000 to Eckerd College in St. Petersburg,
Florida for construction of the Youth Opportunity
Center;
444. $280,000 to the City of St. Petersburg,
Florida for facilities construction and renovation for
the Mid-Pinellas Science Center;
445. $375,000 to the City of St. Petersburg,
Florida for construction and renovation for the
Catholic Charities Mercy House;
446. $75,000 for Antioch Micro-Enterprise Network
in August, Georgia for the Antioch Micro-Enterprise
Network's Entrepreneur Training Program;
447. $100,000 to Cobb County, Georgia for
construction of the Marietta, Georgia Senior Center;
448. $100,000 to the City of Marietta, Georgia for
capitalization of the Marietta Growth Fund;
449. $100,000 to the Local Housing Assistance
Program in the city of Smyrna, Georgia for
construction;
450. $75,000 to the Joint Development Authority of
Ben Hill and Irvin Counties, Georgia for industrial
park development;
451. $475,000 to the Coastal Heritage Society for
construction of the Savannah Battlefield Interpretive
Center in Savannah, Georgia;
452. $250,000 to Cherokee County, Georgia for
construction of the Cherokee County Emergency
Children's Shelter in Canton;
453. $100,00 to the Clearwater Economic Development
Association, Idaho, for an economic planning study for
the Lewis and Clark Bicentennial Project;
454. $475,000 to the City of Blackfoot, Idaho for
land acquisition and improvements at the Jensen Grove
City Park and Jensen Grove Lake;
455. $150,000 to Franklin County, Idaho for the
moving, renovation, restoration of the Oneida Stake
Academy building in Preston, Idaho;
456. $200,000 to Idaho State University for
facilities construction for the L.E. and Thelma E.
Stephens Performing Arts Center;
457. $100,000 to Power County, Idaho for the Fort
Hall Reservation/Power County Joint Economic
Redevelopment Initiative;
458. $200,000 to the City of Crest Hill, Illinois
for facilities construction and renovation of Our
Children's Homestead Foster Home Development;
459. $475,000 to the City of DeKalb, Illinois for
industrial park infrastructure improvements;
460. $330,000 to the Ray Graham Association for
People With Disabilities in Downers Grove, Illinois,
for capital improvements;
461. $100,000 to the World War II Black Navy
Veterans of Great Lakes Memorial Foundation for the
North Chicago Veterans' Memorial in North Chicago,
Illinois;
462. $275,000 to the St. Francis Medical Center in
Peoria, Illinois for improvements, including
consolidation of ambulatory care;
463. $275,000 to the Lakeview Regional Museum in
Peoria, Illinois for facilities construction and
renovation of a new building;
464. $275,000 for PeoriaNEXT in Peoria, Illinois
for facilities construction and renovation of the
Innovation Center business incubator;
465. $250,000 for Illinois College in Jacksonville,
Illinois for facilities construction and renovation of
Whipple Hall;
466. $275,000 for Glen Oak Zoo in Peoria, Illinois
for facilities construction and renovation of a new
Africa exhibit;
467. $100,000 Eureka College, Eureka, IL, for
continued construction of Science and Technology
Center;
468. $100,000 Northfield Park District, IL, for
facilities renovation and rehabilitation;
469. $150,000 to the City of Havana, Illinois for
facilities construction and renovation of the Havana
Rural Center;
470. $100,000 to the Rockford Literary Council for
facilities construction in Rockford, Illinois;
471. $280,000 to the Burpee Museum-Discovery Center
museum campus expansion project in Rockford, Illinois;
472. $375,000 to the City of Joliet, Illinois for
the continued restoration of the Rialto Square Theater;
473. $330,000 to the City of Marion, Indiana for
refurbishing the City of Marion Memorial Coliseum;
474. $100,000 to Madison Township, Indiana for
construction of the Madison Township Community Center;
475. $250,000 to the City of South Bend, Indiana
for industrial park development at the Studebaker
Corridor;
476. $250,000 to the South Bend Heritage Foundation
in South Bend, Indiana for facilities construction and
renovation;
477. $150,000 to the City of Anderson, Indiana for
industrial park development;
478. $100,000 to the City of Fort Wayne, Indiana
for facilities construction for the Hanna-Creighton
Community Enhancement Initiative;
479. $200,000 to the Tri-State University in
Angola, Indiana, for facilities construction for the
Center for Technology and Online Resources;
480. $150,000 to the City of Storm Lake, Iowa for
the construction of the Storm Lake Destination Park;
481. $100,000 to the Housing Trust Fund of Johnson
County in Iowa City, Iowa, for capitalization of loan
funds;
482. $200,000 to the City of Waterloo, Iowa for
industrial park development;
483. $125,000 to the City of Des Moines, Iowa for
land acquisition for a technology park;
484. $250,000 to Historic Abilene, Inc., in Kansas
for the revitalization of New Old Abilene Town;
485. $100,000 to the City of Ottawa, Kansas for
improvements to the Municipal Swimming Pool;
486. $200,000 to the City of Topeka, Kansas for
industrial park development at the Center Point
commerce park;
487. $250,000 to the City of Wichita, Kansas for
the renovations at the Veterans Memorial Park;
488. $330,000 to the City of Wichita, Kansas for
facilities construction for the development of the 21st
Street Community Development Corporation;
489. $100,000 to the City of Radcliff, Kentucky for
streetscape improvements;
490. $150,000 to the Trinity Family Life Center of
Louisville, Kentucky for facilities construction of a
multi-purpose center;
491. $625,000 to the Louisville Metro Government in
Kentucky for the Newburg neighborhood revitalization;
492. $100,000 to Dream Foundation, Inc. in
Louisville, Kentucky for playground construction;
493. $250,000 to Breathitt County Fiscal Court for
the construction of an intergenerational community
entertainment center in Jackson, Kentucky;
494. $250,000 to the Roy F. Collier Community
Center for computer hardware, equipment, and furniture
needs in Inez, Kentucky;
495. $200,000 to Metcalfe County Fiscal Court for
construction of the Metcalfe County Enrichment Center
in Edmonton, Kentucky;
496. $250,000 for the YMCA of Franklin County,
Kentucky for facilities construction;
497. $150,000 to the City of St. Francisville,
Louisiana for facilities construction and renovation;
498. $280,000 to the Biomedical Research Foundation
of NW Louisiana for industrial park development in
Shreveport, Louisiana;
499. $250,000 to St. John the Baptist Parish,
Louisiana for facilities renovations to the Louisiana
War Veterans Home;
500. $330,000 to Boysville of Michigan for
facilities construction and renovations;
501. $150,000 to Global Enterprises for Water
Technology for building acquisition and renovation at
Clearwater Plaza in Grand Rapids, Michigan;
502. $250,000 to the Grand Valley State University
for acquisition of a research facility, training and
education space for the Annis Water Resource Institute
in Muskegon, Michigan;
503. $475,000 to the Michigan Jewish Institute for
facilities construction and renovation at the College
Academic Center in West Bloomfield, Michigan;
504. $100,000 to the Boys and Girls Club of Troy,
Michigan for facilities construction and renovation;
505. $100,000 to the Oakland Livingston Human
Service Agency for facilities construction and
renovation in Pontiac, Michigan;
506. $250,000 for Focus: Hope in Detroit, Michigan
for the renovation of a new workforce development
center;
507. $200,000 to the City of Durand, Michigan for
downtown streetscape improvements;
508. $100,000 to the St. Cloud Housing &
Redevelopment Authority in Minnesota for renovations to
Germain Towers;
509. $150,000 to Scott County, Minnesota for
renovation of affordable housing at the Belle Haven
Apartment Preservation;
510. $100,000 to the Cornerstone Advocacy Service
in Bloomington, Minnesota for facilities construction;
511. $100,000 to Laderdale County, Mississippi for
facilities construction for Mississippi Scrimber Wood
Project;
512. $100,000 to the LeFleur Lakes Development
Foundation in Rankin and Hinds Counties, Mississippi
for an economic planning study;
513. $125,000 to Mississippi State University for
Phase II expansion of its Research, Technology and
Economic Development Park in Mississippi State,
Mississippi;
514. $330,000 to the City of Holly Springs,
Mississippi for the North Memphis Street Redevelopment
Revitalization Project;
515. $150,000 to the Show-Me Aquatics for
facilities construction in Saint Charles, Missouri;
516. $80,000 to Greene County, Missouri for the
development of an industrial park;
517. $250,000 to the City of Springfield, Missouri
for the construction of a community multipurpose
center;
518. $475,000 for the Gillioz-Ronald Reagan Theatre
in Springfield, Missouri for facilities renovation;
519. $200,000 for the Missouri Soybean Association
for construction of the Missouri Soybean Association's
Discovery Research Institute;
520. $200,000 to the Southeast Missouri State
University for construction of the Southeast Missouri
State University River Campus in Cape Girardeau,
Missouri;
521. $150,000 to the Missouri Soybean Association
for renovations to the New Generation Agribusiness
Incubation Center in Kansas City, Missouri;
522. $200,000 to the Brookfield Industrial
Development Authority in Brookfield, Missouri, for
industrial park development;
523. $200,000 to the Montana State University-
Northern for facilities equipment and technology
upgrades in Havre, Montana;
524. $375,000 to the Boys and Girls Home of
Nebraska for Columbus Hospital renovations;
525. $200,000 to Nye County, Nevada for facilities
renovation of the Pahrump/Nye County Fairgrounds;
526. $100,000 to the City of Henderson, Nevada for
downtown revitalization;
527. $200,000 to Boulder City, Nevada for the
Historic Boulder City Hotel Rehabilitation;
528. $100,000 to the City of Concord, New Hampshire
for facilities restoration and improvements to the
Bicentennial Square;
529. $250,000 to the City of Nashua, New Hampshire
for facilities restoration and improvements to
Thoreau's Park;
530. $150,000 to the Currier Art Museum for
facilities construction and renovation of the Currier
Museum Gallery in Manchester, New Hampshire;
531. $250,000 for the Girls and Boys Town USA in
Newark, New Jersey, Jersey City, New Jersey,
Portsmouth, Rhode Island, Las Vegas, Nevada and New
Orleans, Louisiana for construction at the national
priority projects of Girls and Boys Town USA;
532. $100,000 to the Children's Specialized
Hospital for facility renovations in Mountainside, New
Jersey;
533. $100,000 to the City of Bernardsville, New
Jersey for the downtown streetscape project;
534. $100,000 to the Hunterdon County YMCA for
construction of a child care facility in Hunterdon
County, New Jersey;
535. $100,000 to the Town of Dover, New Jersey for
an economic development planning study;
536. $100,000 to the Borough of Somerville in New
Jersey for an economic development planning study;
537. $100,000 to the Borough of Wanaque, New Jersey
for improvements to the Haskell Business District
Redevelopment;
538. $175,000 to the Borough of Washington, New
Jersey for sidewalks, street furniture and facade
improvements;
539. $250,000 to the City of Mount Holly, New
Jersey for facilities construction and renovation to
the Mt. Holly Workforce Development & Economic
Revitalization Center;
540. $250,000 to the City of Greater Trenton, New
Jersey for the construction of the Greater Trenton
YMCA;
541. $150,000 for the Association de Comerciantes
Latinos de Nuevo Mexico in Albuquerque, New Mexico, for
facilities construction;
542. $200,000 to the City of Albuquerque, New
Mexico for construction of the Santa Barbara/
Martineztown Learning Center;
543. $25,000 to the Town of Mentz, New York for
renovations to the Senior Center;
544. $50,000 to the City of Auburn, New York for
facilities construction and renovation of Willard
Chapel;
545. $50,000 to the United Cerebral Palsy in Utica,
New York for development of children's campus in Rome,
New York at the Griffiss Business and Technology Park;
546. $75,000 to the City of Auburn, New York for
renovations of the Merry Go Round Playhouse;
547. $200,000 to the City of Geneva, New York for
facilities construction and renovation of the Cornell
Agriculture and Food Technology Park;
548. $280,000 to the City of Utica, New York for
facilities construction and renovation of the Science
and Technology Center at Utica College;
549. $280,000 to the City of Utica, New York for
facilities construction and renovation of the Stanley
Theater Expansion and Modernization Project;
550. $50,000 to Brooklyn Remembers Inc. for
construction of the Brooklyn Remembers Memorial in
Brooklyn, New York;
551. $150,000 to the Saint Vincent Catholic Medical
Centers for facilities construction and renovation of a
Primary Care Outpatient Center in Stapleton, New York;
552. $150,000 to Yeled V'Yalda for construction of
the Yeled V'Yalda Treatment Center for Children with
Disabilities in Brooklyn, New York;
553. $475,000 to the Roberts Wesleyan College in
Rochester, New York for construction of a new Library
and Information Resource Center;
554. $250,000 to the Town of Monroe, New York for
construction of the Monroe Free Library;
555. $250,000 to the North Shore-Long Island Jewish
Health System for facilities construction and
renovations to expand the Emergency Department in Bay
Shore, New York;
556. $280,000 to Paul Smith's College in Franklin
County, New York for construction of the Joan Weil
Student Center;
557. $50,000 to the Village of Hamilton, New York
for industrial park development at the Hamilton
Industrial Park;
558. $50,000 to the Cheektowaga Senior Center in
Cheektowaga, New York for facilities improvements;
559. $268,000 to the Genesee Country Village and
Museum in Mumford, New York for facilities
improvements;
560. $250,000 to the Catskill Mountain Foundation
for the renovation of the Orpheum Theatre and Sugar
Maples Resort in Hunter, New York;
561. $250,000 to the Warren County Economic
Development Corp. in North Creek, New York for
facilities construction of the North Creek Ski Bowl;
562. $475,000 to the City of Syracuse, New York for
facilities construction and renovations of the Amos
Block Redevelopment Project;
563. $250,000 to the City of Syracuse, New York for
renovations and streetscape improvements to the ARC of
Onondaga facility for developmentally disabled adults;
564. $250,000 to the City of Syracuse, New York for
renovations to P.E.A.C.E. Inc. facilities in Central
New York;
565. $75,000 to Onondaga County, New York for the
Greater Syracuse Sports Hall of Fame for facilities
expansion and renovation;
566. $375,000 to the City of Syracuse, New York for
facilities renovations to Syracuse Stage;
567. $250,000 to the City of Syracuse, New York for
facilities expansion and renovation of Vera House;
568. $100,000 to the City of Rochester, New York
for planning and expansion of the High Falls Film
Festival;
569. $950,000 to St. John Fisher's College in
Rochester, New York for construction of a new School of
Pharmacy;
570. $200,000 to the Town of Penfield, New York for
renovations to the Camp Haccamo facilities for the
disabled;
571. $575,000 to the Metropolitan Development
Association in Syracuse, New York for the Essential New
York Initiative;
572. $100,000 to the Town of Palmyra, New York for
renovations to the Palmyra Community Center;
573. $75,000 to the Wayne County, New York for
planning and marketing of an alternative use strategy
for the Savannah Elementary School Building;
574. $375,000 to the Metropolitan Development
Association in Syracuse, New York for construction and
renovations of the Electronics Park complex;
575. $150,000 to the City of Syracuse, New York for
building renovations and stablization at the Mizpah
Tower facility;
576. $50,000 to the City of Syracuse, New York for
facilities construction and renovation to the North
Area Athletic & Education Center, Inc.;
577. $475,000 to the New York State Olympic
Regional Development Authority for facilities
construction;
578. $250,000 to the Simon Wiesenthal New York
Tolerance Center in New York City for facade
restoration improvements;
579. $475,000 to the Metropolitan Museum of Art in
New York City for facade restoration improvements;
580. $500,000 to the National Center for
Disabilities Services in Albertson, New York for
facilities construction and renovation;
581. $500,000 to Jazz at Lincoln Center in New York
City for facilities construction;
582. $150,000 to the Natural History Museum of the
Adirondacks for construction of a new museum in New
York State;
583. $50,000 to the State University of New York
(SUNY) Canton for facilities construction;
584. $50,000 to the Lewis County General Hospital
in Lewis County, New York for facilities construction
and modernization;
585. $475,000 to Brooklyn Public Library in New
York for restoration of the central plaza;
586. $250,000 to the Rivers and Estuaries Center on
the Hudson in New York for facilities construction;
587. $330,000 to Daemon College in Amherst, New
York for facilities improvement;
588. $250,000 to the State University of New York
(SUNY) for the SUNY Delhi Center of Excellence in
Watershed Applications and Technology-Based Economic
Revitalization for facilities construction and
equipment;
589. $150,000 to the Southeastern Center for
Contemporary Art for facilities construction and
renovation in Winston-Salem, North Carolina;
590. $200,000 to the Blowing Rock Community Arts
Center Foundation in Blowing Rock, North Carolina for
construction of the Blowing Rock Performing Arts
Center;
591. $100,000 to the City of Charlotte, North
Carolina for facilities construction and renovation at
Grier Heights;
592. $150,000 to the City of Raeford, North
Carolina for streetscape improvements;
593. $150,000 to Scotland County, North Carolina
for demolition of the Scotland County Hospital;
594. $100,000 to the Graveyard of the Atlantic
Museum in Hatteras, North Carolina for facilities
construction;
595. $100,000 to Gaston County, North Carolina, for
industrial park development for the Gaston County
Technology Park Expansion;
596. $100,000 to Gaston County, North Carolina to
establish a revolving loan for investment in downtown
Gastonia;
597. $50,000 for the City of Etowah, North Carolina
for the Etowah community park for streetscape
improvements;
598. $475,000 for the Education and Research
Consortium at Brevard College in Brevard, North
Carolina for science building facilities construction
and renovation;
599. $475,000 for the Education and Research
Consortium at Brevard College in Brevard, North
Carolina for dormitory facilities construction and
renovation;
600. $475,000 to Brevard, North Carolina for the
Brevard Public Library for facilities construction and
renovation;
601. $150,000 to the Victory Videos Ministry in the
City of Forest Park, Ohio for the construction of a
youth center;
602. $250,000 to the Westcott House Foundation for
facilities construction and renovations to the Westcott
House in Springfield, Ohio;
603. $275,000 to the Lancaster Campus of Ohio
University for facilities construction of a Community
Event and Conference Center in Lancaster, Ohio;
604. $100,000 to Fairfield County, Ohio for
facilities construction and renovations at the new
location for Fairfield Industries;
605. $50,000 to the Ohio Wesleyan University for
facilities construction and renovations in Delaware,
Ohio;
606. $275,000 for the Springfield--Clark County
Community Improvement Corporation for land acquisition
to expand the Applied Research Technology Park (ARTP);
607. $200,000 to the City of Willowick, Ohio for
site preparation and construction of the Willowick
Lakefront Development;
608. $200,000 to Newbury Township, Ohio for
sidewalks, street furniture and facade;
609. $330,000 to the Hocking Athens Perry Community
Action in Glouster, Ohio for renovations to the
community center;
610. $330,000 for the 14th Street Community Center
in Portsmouth, Ohio for facilities construction and
renovation;
611. $1,430,000 for the Canton Regional Chamber of
Commerce's Foundation in Canton, Ohio for industrial
park development;
612. $257,000 to the City of Columbus, Ohio for
construction of the YWCA Family Center;
613. $250,000 to Development Projects, Inc. for
site preparation for the Downtown Dayton Northeast
Quadrant in Dayton, Ohio;
614. $250,000 to the St. Mary's Development
Corporation for land acquisition for the Multi-Family
Housing Project in Dayton, Ohio;
615. $150,000 to the City of Moore, Oklahoma for
the expansion of Buck Thomas Park;
616. $250,000 to the Harrah Industrial and Economic
Development Authority for industrial park
infrastructure development in Harrah, Oklahoma;
617. $200,000 to the City of Perkins, Oklahoma for
development of the Oklahoma Territorial Plaza;
618. $150,000 to the City of Tulsa, Oklahoma for
facilities construction and renovation of the Tulsa
Hispanic Family Resource Center;
619. $200,000 to the Southern Oregon Rehabilitation
Center for facilities renovations in White City,
Oregon;
620. $150,000 to Gannon University, Erie,
Pennsylvania for construction of the Erie Technology
Incubator;
621. $250,000 to the Montgomery County Community
College for facilities construction of the Small
Business Development & University Transfer Center in
Pottstown, Pennsylvania;
622. $250,000 to ARC of Montgomery County,
Pennsylvania for facilities construction of a MARC
building;
623. $200,000 to the Vietnam Veterans Leadership
Program of Western Pennsylvania for facilities
expansion in Pittsburgh, Pennsylvania;
624. $100,000 for the Westmoreland County
Industrial Development Authority for industrial park
development in Hempfield Township, Pennsylvania;
625. $150,000 to Allegheny County Department of
Economic Development for site preparation and
construction of Clinton Industrial Park in Findlay
Township, Pennsylvania;
626. $100,000 to the Punxsutawney Weather Museum
for improvements in Punxsutawney, Pennsylvania;
627. $100,000 to the Brookville YMCA in Brookville,
Pennsylvania for facilities renovations;
628. $150,000 to Tabor Community Services in
Lancaster, Pennsylvania for property acquisition and
renovation;
629. $150,000 to the York Street Center and
Stillmeadow Child Care Center in York, Pennsylvania for
facilities renovations;
630. $200,000 to Sayre Borough, Pennsylvania for
renovation of the Enterprise Center;
631. $200,000 to Trehab Center in Montrose,
Pennsylvania for facilities construction;
632. $70,000 for the Morrison's Cove Memorial Park
Recreation Center in Blair County, Pennsylvania for
facilities improvements;
633. $100,000 for the Penn's Woods Council, Boy
Scouts of America for camp upgrades in Tyrone,
Pennsylvania;
634. $105,000 for Indiana University of
Pennsylvania for construction of a Regional Development
Complex in Indiana, Pennsylvania;
635. $25,000 for improvements to Nitterhouse
Community Park in Chambersburg, Pennsylvania;
636. $250,000 to the University Technology Park in
Chester, Pennsylvania to develop parking facilities for
its first and second phase buildings;
637. $200,000 to the South Carolina School for the
Deaf and Blind for renovations of a dormitory building
in Spartanburg, South Carolina;
638. $100,000 to the City of Columbia, South
Carolina for capitalization of the Enterprise Revolving
Loan Fund;
639. $100,000 to the City of Columbia, South
Carolina for industrial park development;
640. $100,000 to the City of Williamson County,
Tennessee for the planning and improvements for the
Cool Springs Life Sciences Center;
641. $250,000 to East Tennessee Historical Society
for construction of the East Tennessee History Center
in Knoxville, Tennessee;
642. $475,000 to the East Tennessee Veterans
Memorial Association for construction of an East
Tennessee Veterans Memorial in Knoxville, Tennessee;
643. $100,000 to the Second Harvest Food Bank of
Northeast Tennessee for facilities renovations;
644. $100,000 to the Oak Ridge Center for
Entrepreneurial Growth in Knoxville, Tennessee to
expand successful business counseling programs and to
prepare new technology companies to qualify for
financing at various stages of their development;
645. $250,000 to Hamilton County, Tennessee for
facilities construction for a Center for
Entrepreneurial Growth Incubator;
646. $250,000 to the City of Arlington, Texas for
facilities construction and land acquisition and
including up to $100,000 for an economic development
planning study;
647. $250,000 to the City of Arlington, Texas for
facilities construction and renovation of the Central
Arlington Housing Development Corporation;
648. $950,000 for Texas A&M International
University for facility improvements in the City of
Laredo, Texas;
649. $200,000 to the City of Houston, Texas for the
Super Block renovations;
650. $725,000 to the City of Fort Worth, Texas for
construction of the Trinity River Vision project;
651. $150,000 to the City of Leonard, Texas for
streetscape infrastructure including sidewalks
projects;
652. $200,000 to the Audie Murphy/American Cotton
Museum in Greenville, Texas for facilities construction
and renovation;
653. $100,000 to Breedlove Dehydrated Foods in
Lubbock, Texas for facilities expansion;
654. $100,000 to the South Plains Food Bank in
Lubbock, Texas for facilities upgrades;
655. $100,000 to the Science Spectrum Museum in
Lubbock, Texas for facilities upgrades;
656. $250,000 to the City of Dallas, Texas for
renovation to the Texas Theatre;
657. $100,000 for the World Congress on Information
Technology in Austin, Texas for facilities construction
and renovation of the International Center;
658. $150,000 to Brigham City, Utah for facilities
construction and renovation of the Box Elder Dance
Academy;
659. $150,000 for the Virginia Holocaust Museum in
Richmond, Virginia for facilities renovation;
660. $475,000 to the Virginia Performing Arts
Foundation for construction of the Virginia Performing
Arts Foundation Education Center in Richmond, Virginia;
661. $150,000 to the Mary Washington College
Foundation for facilities construction and renovation
of the Maury Center Project;
662. $200,000 to the City of Fairfax, Virginia for
the City of Fairfax Downtown Redevelopment Project;
663. $250,000 to the Lutheran Housing Services,
Inc. in Burke, Virginia for facilities construction;
664. $100,000 to the Town of Smithfield, Virginia
for the Smithfield Downtown Revitalization Project;
665. $100,000 for the Franklin County Library in
Rocky Mount, Virginia for facilities renovation and
equipment replacement;
666. $100,000 for Piedmont Arts Association for
technology improvements in Martinsville, Virginia;
667. $150,000 to the Town of Appomattox, Virginia
for facilities construction of an African-American
cultural and heritage museum at the Carver-Price
building;
668. $100,000 for the Town of South Boston,
Virginia for renovations and creation of a community
arts center at the Prizery;
669. $125,000 for the City of Moneta, Virginia for
facilities construction and renovation of an art,
education and community outreach center;
670. $150,000 to Kenbridge, Virginia for facilities
and construction at the Kenbridge Town Center;
671. $75,000 to the Town of Boydton, Virginia for
revitalization efforts of the central business
district;
672. $99,000 for Patrick Henry Community College in
Henry County, Virginia for equipment to train students
in the motorsports industry;
673. $51,000 for the Robert E. Lee Community Center
in Chase City, Virginia to assist with renovations to
the Robert E. Lee Auditorium;
674. $75,000 to the City of Big Island, Virginia
for the Sedalia Center restoration;
675. $475,000 to the Total Action Against Poverty
to restore and revitalize the Dumas Center for Artistic
and Cultural Development in downtown Roanoke, Virginia;
676. $75,000 to the Transitional Housing Program,
Inc. in the city of Front Royal, Virginia for
construction for a transitional housing program;
677. $100,000 to Loudon Cares in Leesburg, Virginia
for facilities construction and renovation;
678. $250,000 for the Good Shephard Alliance in
Leesburg, Virginia to build a homeless and poverty
center;
679. $250,000 to Dodona Manor in Leesburg, Virginia
for construction and renovation;
680. $475,000 to the Museum of Shenandoah Valley in
Winchester, Virginia for facilities construction;
681. $200,000 for facilities expansion and
renovation of the Virginia Historical Society;
682. $280,000 to the Walter Clore Wine and Culinary
Center in Prosser, Washington for facilities
construction;
683. $100,000 for the Spokane Symphony for
renovations to the Fox Theater in Spokane, Washington;
684. $100,000 to the Business and Industrial
Development Corporation for economic development
planning study related to the DOW Technology Park;
685. $50,000 to the Business and Industrial
Development Corporation for laboratory and office
renovations;
686. $130,000 to the Fremont County Association of
Governments for improvements to the Fremont County War
Memorial;
687. $70,000 to the Paper Industry International
Hall of Fame in Appleton, Wisconsin for facilities
construction and renovation;
688. $100,000 to the City of Green Bay, Wisconsin
for the National Railway Museum for exhibits;
689. $250,000 to the City of Cedarburg, Wisconsin
for the Cedarburg Site revitalization project;
690. $48,500 to the City of Decatur, Alabama for
improvements to Delano Park;
691. $48,500 to the Muscle Shoals Regional Center
at the University of North Alabama for a feasibility
study;
692. $48,500 to the Morgan County Child Advocacy
Center in Decatur, Alabama for facilities construction
and renovation;
693. $48,500 to the Bankhead Educational
Foundation, Inc. for facilities planning and
construction in Lawrence County, Alabama;
694. $72,750 to Parents and Children Together in
Decatur, Alabama for facilities construction,
renovation, and upgrades to its center;
695. $72,750 to the Princess Theatre Center for
Performing Arts in Decatur, Alabama for facilities
renovations;
696. $97,000 to the Madison County Commission in
Alabama for countywide planning;
697. $97,000 to Athens State University for
facilities renovation of McCandless Hall;
698. $97,000 to the 1856 Memphis and Charleston
Railroad Freight Depot in Huntsville, Alabama, for
repairs and renovations;
699. $97,000 to the Huntsville Museum of Art in
Alabama for facilities upgrades;
700. $97,000 to the Northwest Alabama Children's
Advocacy Center for facilities improvements,
expansions, and upgrades;
701. $121,250 to the Huntsville-Madison County
Botanical Gardens in Alabama for improvements to
facilities;
702. $121,250 to the Helen Keller Birthplace
Foundation for restoration of Ivy Green in Tuscumbia,
Alabama;
703. $72,750 to the City of Hueytown, Alabama for
construction of the Hueytown Community Center;
704. $97,000 to the Old Independence Regional
Museum in Arkansas for facilities renovation;
705. $194,000 to the Arkansas State University for
facilities construction and renovation of the Vada
Sheid Community Development Center in Mountain Home,
Arkansas;
706. $72,750 to the City of Prescott, Arkansas for
construction of a public swimming pool;
707. $121,250 to the City of Conway, Arkansas for
sidewalks, street furniture, and facade improvements
the Conway Redevelopment project;
708. $72,750 to the Dunbar Coalition for the Dunbar
Project in Tucson, Arizona for playground equipment,
restoration of the school ramada, and renovation of the
auditorium;
709. $72,750 to the Buillion Plaza Museum
Association in Miami, Arizona for renovation of the
museum building;
710. $97,000 to the Boys and Girls Clubs of Metro
Phoenix for a new facility for the Glendale Boys &
Girls Club in Phoenix, Arizona;
711. $242,500 to Chicanos Por La Causa for land
acquisition at the Buckeye Road Site Development in
Phoenix, Arizona;
712. $72,750 to the City of San Bernardino,
California for expansion of its senior center;
713. $48,500 to the Optimist Youth Homes and Family
Services in Highland Park, Los Angeles, California for
facilities construction;
714. $121,250 to the City of Los Angeles,
California for rehabilitation of the Echo Park
Boathouse;
715. $97,000 to the Sylmar Recreation and Park
Center in Sylmar, California for facilities
construction and renovation;
716. $97,000 to the Valley Economic Development
Center in Pacoima, California for facilities
construction of the Pacoima Community Development
Federal Credit Union;
717. $121,250 to the City of Santa Barbara,
California for construction and restoration associated
with the Arroyo Burro Beach Park;
718. $72,750 to the City of Stockton, California
for renovation of the El Dorado Teen Center;
719. $72,750 to the Vietnam Veterans of San Diego
for the construction of a new homeless shelter in San
Diego, California;
720. $72,750 to the City of Fresno, California for
improvements in the Southern Fresno Industrial Park;
721. $169,750 to the City of Palo Alto, California
for restoration of the Palo Alto Children's Library;
722. $291,000 to the Second Harvest Food Bank in
Santa Cruz and San Benito Counties, California for
facilities construction and renovations;
723. $97,000 to the County of Imperial, California
for project planning of the Imperial County Eco Park;
724. $72,750 to the City of Los Angeles, California
for land acquisition and development of the East
Wilmington Park;
725. $72,750 to the City of San Jose, California
for renovations and upgrades to a shopping district;
726. $121,250 to the County of Alameda Public Works
Agency for sidewalks improvements in Cherryland and
Ashland, California;
727. $97,000 to the City of San Jose, California
for construction of a multipurpose community center;
728. $291,000 to the Sacramento Area Regional
Technology Alliance for an economic development
planning study and facility construction and
renovation;
729. $121,250 to the City of Long Beach, California
for renovation and expansion of the Museum of Latin
American Art;
730. $72,750 to the South Montebello Irrigation
District in Montebello, California for construction of
a community center;
731. $291,000 to the International Museum of Women
in San Francisco, California for rehabilitation and
buildout;
732. $388,000 to the Filipino Cultural Center in
San Francisco, California for construction and
buildout;
733. $72,750 to the El Proyecto Pastoral for
construction of a pre-school center in Los Angeles,
California;
734. $121,250 to the East Los Angeles Community
Corporation for renovation of office space in Boyle
Heights, Los Angeles, California;
735. $121,250 to the El Pueblo de Los Angeles
Historic Park for restoration of a mural in Los
Angeles, California;
736. $97,000 to the City of Anaheim, California for
the reconstruction and lighting of the Magnolia High
School athletic fields;
737. $72,750 to the City of Burbank, California for
construction of the Ovrom Recreation Center and
Community Day School;
738. $72,750 to the City of Porter Ranch,
California for facility expansion of the North Valley
YMCA;
739. $97,000 to the City of Azusa, California for
construction of a health care clinic;
740. $97,000 to the City of Duarte, California for
construction of a new library;
741. $97,000 to the City of Fremont, California for
facilities renovations to the Kidango Rix Child Care
Center;
742. $97,000 to the City of San Leandro, California
for the construction of the San Leandro Senior Citizens
Center;
743. $121,250 to the City of Lafayette, California
for the construction of a veterans memorial building;
744. $72,750 to the City of American Canyon,
California for construction of the Veterans Memorial
Park;
745. $72,750 to the City of Windsor, California for
the rehabilitation of Keiser Park;
746. $97,000 to the City of Lawndale, California
for construction of the Lawndale Senior Center;
747. $169,750 to the City of Inglewood, California
for construction of the Inglewood Senior Center;
748. $72,750 to the City of Los Angeles, California
for renovation of the Barnsdall House and Park;
749. $266,750 to the City of Santa Monica,
California for facilities construction and renovation
of the Santa Monica National Mountains Gateway Visitors
Center;
750. $97,000 to the Valley of the Moon Children's
Home for construction in Santa Rosa, California;
751. $97,000 to Center Point, Inc. in Marin County,
California for renovation of a treatment facility for
youth;
752. $72,750 to the Denver Department of Human
Services for renovations and buildout of a homeless
shelter in Denver, Colorado;
753. $121,250 to the Greater Dwight Development
Corporation for construction of the Dwight Community
Child Care Center in New Haven, Connecticut;
754. $145,500 to the City of Derby, Connecticut for
the Sterling Opera House renovation;
755. $194,000 to the Main Street Development
Corporation for land acquisition, planning and
facilities construction associated with the Naugatuck
Valley Economic Growth Initiative in Naugatuck Valley,
Connecticut;
756. $121,250 to the University of Hartford,
Connecticut for renovations to the Hartt Performing
Arts Center;
757. $97,000 to Gonzaga High School in Washington,
District of Columbia for facilities renovation and
construction;
758. $145,500 to the Tri-County Ag Complex in
Altha, Florida for construction of a multipurpose
center;
759. $145,500 to the City of Carrabelle, Florida
for construction of a recreation park;
760. $194,000 to the City of Orlando, Florida for
land acquisition in the Parramore Neighborhood;
761. $72,750 to the City of St. Petersburg, Florida
to rehabilitate the Jordan School;
762. $72,750 to the Urban League of Broward County,
Florida for construction of a community building
resource center;
763. $72,750 to Hendry County, Florida for
sidewalks, street furniture, and facade improvements at
Hendry LaBelle Community Civic Park;
764. $72,750 to the Miami-Dade County Empowerment
Zone Trust for facility construction of the Poinciana
Biopharmaceutical Park;
765. $145,500 to the Office of Farmworker Ministry
in Apopka, Florida for facilities construction;
766. $72,750 to the SOWEGA Council on Aging for
construction of senior center in Albany, Georgia;
767. $72,750 to America's Second Harvest of Georgia
for facility buildout in centers;
768. $72,750 to Lowndes Association Ministries to
People (LAMP) for renovation of a multipurpose center
in Valdosta, Georgia;
769. $72,750 to the East Baker Historical Society/
21st Century Community Corporation in Georgia for
facility repairs;
770. $97,000 to the City of Plains, Georgia for
construction and facilities buildout of the Plains
Rural History Resource Center;
771. $97,000 to Phoebe Putney Memorial Hospital in
Dougherty County, Georgia for building renovation;
772. $97,000 to the National Infantry Foundation in
Columbus, Georgia for construction of New National
Infantry Museum and Heritage Park;
773. $97,000 to Morris Brown College in Atlanta,
Georgia for renovation of a building;
774. $97,000 to the Flint River Auditorium Alliance
for renovation of an auditorium in Flint River,
Georgia;
775. $97,000 to the Albany Theater in Albany,
Georgia for facilities renovations;
776. $194,000 to the Miller County Development
Authority for construction of a sound stage in
Colquitt, Georgia;
777. $145,500 to the Covenant House of Atlanta,
Georgia to purchase and construct a new crisis shelter
for homeless youth;
778. $145,500 to Spelman College in Atlanta,
Georgia for renovations to Rockefeller Hall;
779. $121,250 to the Tubman Museum in Macon,
Georgia for construction;
780. $97,000 to the City and County of Honolulu,
Hawaii for expansion and renovation of the Makiki
Library;
781. $121,250 to the City of Des Moines, Iowa for
land acquisition for a technology park;
782. $169,750 to the City of Benton, Illinois for
construction of a new library;
783. $242,500 to the Night of Ministry in Chicago,
Illinois for rehabilitation and construction of the
Night of Ministry Homeless Youth Housing Shelter;
784. $970,000 to the Rush-Presbyterian-St. Luke's
Medical Center in Chicago, Illinois for facilities
construction;
785. $72,750 to the Academy for Urban School
Leadership for construction of a gymnasium and playing
fields in Chicago, Illinois;
786. $194,000 to the City of Grafton, Illinois for
development of the marina and harbor, including
construction of sidewalks;
787. $194,000 to the Western Illinois University
for construction of the Quad City Campus in Moline,
Illinois;
788. $194,000 to the Chicago Park District for the
Davis Square Park reconstruction in Chicago, Illinois;
789. $121,250 to The Inner Voice/A Little Bit of
Heaven for facility upgrades to homeless shelters on
the South Side of Chicago, Illinois;
790. $169,750 to the Calumet Area Redevelopment
Initiative for land acquisition and restoration of the
Lake Calumet area;
791. $339,500 to the Greater Chicago Food
Depository for construction of a new foodbank and
training facility
792. $388,000 to the Village of Western Springs,
Illinois for land acquisition and construction of a
parking lot;
793. $72,750 to the Chicago Board of Education for
construction and renovations for a high school in
Chicago, Illinois;
794. $72,750 to the City of Des Plaines, Illinois
for expansion of the Des Plaines Community Senior
Center;
795. $145,500 to the University of Indianapolis for
facility expansion in Indianapolis, Indiana;
796. $266,750 to the City of Whiting, Indiana for
renovation of the Whiting Social Center Facility;
797. $485,000 to the Town of Schererville, Indiana
for construction of a recreational facility;
798. $72,750 to El Centro, Inc. for facilities
construction and renovation in a business park;
799. $121,250 to the Kansas Chapter, National
Korean War Veterans' Association for construction of
the Korean War Memorial of Overland Park, Kansas;
800. $121,250 to Morehead State University for
construction and expansion of classrooms in Mt.
Sterling, Kentucky;
801. $121,250 to the St. Mary's Women and Infants
Center for renovations to its facilities for homeless
women and children in Boston, Massachusetts;
802. $97,000 to the Town of Barnstable,
Massachusetts for site preparation, design, sidewalks,
street furniture, and facade improvements;
803. $72,750 to the Town of Dedham, Massachusetts
for parks improvements;
804. $220,500 to the Mystic Valley Development
Corporation in Medford, Massachusetts for the
development of a technology and research center;
805. $145,500 to the Malden Immigrant Center in
Malden, Massachusetts for facilities construction,
upgrades and buildout;
806. $97,000 to the City of Worcester,
Massachusetts for facilities construction and
renovation of the Worcester Center for the Performing
Arts;
807. $121,250 to the Lowell, Massachusetts Boys and
Girls Club for facility improvements;
808. $145,500 to the City of Springfield,
Massachusetts for construction of the Springfield
Public Market;
809. $169,750 to the American International College
in Springfield, Massachusetts for increased classroom
space at the Reed Mansion and Breck Hall;
810. $194,000 to the New England Log Homes
Redevelopment for demolition in Great Barrington,
Massachusetts;
811. $485,000 to the Food Bank of Western
Massachusetts in Hatfield, Massachusetts for facilities
expansion;
812. $145,500 to Salem State College in Salem,
Massachusetts for construction and renovation of its
Art Glass Works Facility;
813. $72,750 to the Enterprise Foundation for a
feasibility study in Annapolis, Maryland;
814. $145,500 to the Baltimore School for the Arts
for building upgrades in Baltimore, Maryland;
815. $60,000 to the Ministers Alliance of Charles
County and Vicinity in Waldorf, Maryland for facilities
renovation and buildout for a minority business center;
816. $194,000 to the Town of North Beach, Maryland
for construction of a gym and multipurpose room at the
Bayside Boys and Girls Club;
817. $194,000 to the Girl Scout Council of the
Nation's Capital for the Girl Scout Camp construction,
in Charles and Prince Georges Counties, Maryland;
818. $242,500 to St. Mary's County for land
acquisition and demolishment at the Lexington Manor
Northern Parcel in Leonardtown, Maryland;
819. $72,750 to the Cal Ripken Senior Foundation
for construction of a stadium in Aberdeen, Maryland;
820. $72,750 to Prince Georges County, Maryland for
facilities construction and renovation of the Permanent
Employment & Training Center and Multicultural Academy;
821. $121,250 to the Anacostia Watershed Society
for facilities renovation of the George Washington
House in Prince George's County;
822. $121,250 to the Gulf of Maine Research
Institute for facilities construction and renovation in
Portland, Maine;
823. $97,000 to the City of Lewiston, Maine for
renovation of a public theatre;
824. 97,000 to the City of Lewiston, Maine for
renovation of the Franco-American Heritage Center;
825. $121,250 to the City of Greenville, Maine for
rehabilitation of the Junction Wharf;
826. $121,250 to the City of Detroit, Michigan for
demolition;
827. $169,750 to the Arab Community Center for
Economic and Social Services in Dearborn, Michigan for
construction of a museum;
828. $72,750 to Genesee County, Michigan for
demolition, rehabilitation, and site preparation;
829. $72,750 to the Tuscola Human Development
Commission for construction of an intergenerational day
care facility in Caro, Michigan;
830. $315,250 to the City of Detroit, Michigan for
sidewalks, street furniture, and facade improvements to
the Detroit RiverWalk, East River Front;
831. $48,500 to the Cities of Manistique and
Charlevoix, Michigan for the Northern Michigan Senior
Centers Renovation Project;
832. $145,500 to Marquette General Hospital in
Marquette, Michigan for construction of a trauma and
emergency center;
833. $72,750 to the City of South St. Paul,
Minnesota for site preparation at Port Crosby Park;
834. $97,000 to Leech Lake Tribal College for
facilities construction and renovation in Cass Lake,
Minnesota;
835. $145,500 to the City of Royalton, Minnesota
for the renovation of a multi-purpose community
facility;
836. $145,500 to the City of Park Rapids, Minnesota
for Teamworks for a new industrial park;
837. $97,000 to the City of Willmar, Minnesota for
redevelopment of a closed airport into the City of
Willmar Industrial Park;
838. $97,000 to the City of Canby, Minnesota for
construction of the Prairie Farm Preservation Education
and Exhibit Center;
839. $218,250 to the Neighborhood Involvement
Program in Minneapolis, Minnesota for rehabilitation of
a multipurpose community center;
840. $339,500 to the Ritz Theater Foundation in
Minneapolis, Minnesota for renovations to the Ritz
Theater;
841. $72,750 to the City of St. Louis, Missouri for
construction of the Northside Recreation Center;
842. $97,000 to the City of St. Louis, Missouri for
streetscape improvements, facade improvements, and
street furniture in the commercial district;
843. $97,000 to the Lemay Development Corporation
in St. Louis, Missouri for land and site acquisition,
demolition, streetscape improvements and renovation of
St. Louis neighborhoods;
844. $194,000 to the Missouri Sheriff's Association
for construction of an indoor firing range in Jefferson
City, Missouri;
845. $97,000 to Clarke County, Mississippi for
development of an industrial park;
846. $121,250 to Wayne County, Mississippi for
development of an industrial park;
847. $72,750 to the Mississippi Valley State
University for a feasibility study of the recreation
areas at the Boys and Girls Club facilities in Itta
Benna, Mississippi;
848. $97,000 to the Mississippi Valley State
University in Itta Benna, Mississippi for the
renovation and expansion of current facilities for the
Center for Rural and Small Town Development;
849. $72,750 to the City of Henderson, North
Carolina for facilities construction associated with
downtown revitalization;
850. $97,000 to the Raleigh Area Development
Authority in Raleigh, North Carolina for capitalization
of a loan fund;
851. $145,500 to Duplin County, North Carolina for
retrofitting and upgrades to the West Park Business
Technology Center;
852. $72,750 to the Wake County Library Foundation
for construction of a downtown library in Raleigh,
North Carolina;
853. $72,750 to the Music Maker Relief Foundation
Inc. for acquisition, renovation, and buildout of a
facility in Orange County, North Carolina.;
854. $97,000 to the North Carolina Community
Development Initiative, Inc. for construction and
buildout of a community center in Apex, North Carolina;
855. $97,000 to Durham County, North Carolina for
renovation and buildout of a community health center;
856. $97,000 to the Center for Community Self-Help
in Durham, North Carolina for construction and buildout
of a farmer's market facility;
857. $97,000 to the Summit House, Inc. for
construction and buildout of a residential facility for
incarcerated mothers and their children in North
Carolina;
858. $145,500 to Triangle Residential Options for
Substance Abusers, Inc. for expansion and buildout of
substance abuse treatment facilities in Durham, North
Carolina;
859. $145,500 to the Town of Holly Springs, North
Carolina for construction and buildout of a performing
and cultural arts center;
860. $145,500 to the Town of Fuquay-Varina, North
Carolina for renovation, expansion, and buildout of a
community center;
861. $145,500 to the Town of Apex, North Carolina
for renovation, expansion, and buildout of a performing
and cultural arts center;
862. $97,000 to the East Market Street Development
Corporation for facility renovations to the old post
office site in Greensboro, North Carolina;
863. $121,250 to the Bennett College Science Center
for facilities construction and renovation in
Greensboro, North Carolina;
864. $121,250 to the Three Affiliated Tribes at
Fort Berthold, North Dakota for construction of a
cultural interpretive center;
865. $194,000 to the LEAP Academy University
Charter High School for facilities construction and
renovation in Camden City, New Jersey;
866. $121,250 to the Township of Franklin in
Somerset County, New Jersey for acquisition of a
building to be renovated into a museum;
867. $97,000 to Hudson County Community College for
construction of Union City Campus in Union City, New
Jersey;
868. $97,000 to the Jersey City Medical Center in
New Jersey for facilities construction and expansion of
a heart institute;
869. $169,750 to the City of Perth Amboy, New
Jersey for rehabilitation and construction of the
Jewish Renaissance Medical Center;
870. $145,500 to Monmouth University in West Long
Beach, New Jersey for renovation of the Guggenheim
Memorial Library;
871. $97,000 to the County of Essex, New Jersey for
expansion of the Essex County Environmental Center in
Roseland, New Jersey;
872. $145,500 to the City of Newark, New Jersey for
land acquisition for the University Heights Science
Park;
873. $145,500 to the Newark Museum in Newark, New
Jersey for renovation and expansion of an existing
facility;
874. $72,750 to the Fort Lee Senior Center in Fort
Lee, New Jersey for expansion;
875. $72,750 to the Town of Hackensack, New Jersey
for streetscape renovation;
876. $72,750 to Rowan University in Mantua, New
Jersey for construction of a technology park;
877. $97,000 to the Saint Peter's College Campus
Community Center in Jersey City, New Jersey for a
feasibility study;
878. $72,750 to Mora County, New Mexico for
construction of the David Cargo Public Library;
879. $97,000 to the Nevada Partners, Inc. for
facilities construction and expansion of a training
facility in North Las Vegas, Nevada;
880. $72,750 to the North Shore Child and Family
Guidance Center for expansion of a building in Long
Island, New York;
881. $121,250 to the City of Holtsville, New York
for facilities construction of the Brookhaven/Patchogue
Family YMCA;
882. $48,500 to Truman High School in the Bronx,
New York for facilities renovation;
883. $72,750 to Elmcor Youth and Adult Activities
for construction of an economic development center in
Queens, New York;
884. $145,500 to the City of Mt. Vernon, New York
for restoration of an abandoned building into a job
training and cultural center;
885. $72,750 to Johnson City, New York for
facilities construction and renovations to the Goodwill
Theater;
886. $121,250 to the City of Kingston, New York for
the Ulster Performing Arts Center for renovations,
upgrades, and repairs;
887. $121,250 to the Rural Ulster Preservation
Company in Kingston, New York for renovations to the
Kirkland Hotel;
888. $72,750 to the City of Northport, New York for
construction of the Northport American Legion facility;
889. $72,750 to the Village of Dobbs Ferry, New
York for streetscape improvements;
890. $97,000 to the Volunteer Counseling Services
of Rockland County, New York for renovations to its
building;
891. $97,000 to the City of Greenburgh, New York
for upgrades and renovations to make facilities in Webb
Park;
892. $97,000 to the Village of West Haverstraw, New
York for sidewalk improvements;
893. $145,500 to the Village of Port Chester, New
York for construction of a senior center;
894. $72,750 to the Queens Borough Public Library
System for construction of a library in Queens, New
York;
895. $121,250 to the Lower East Side Tenement
Museum for facilities construction, renovation and
buildout;
896. $121,250 to the Town of North Hempstead, New
York for renovation of blighted properties in New
Castle, New York;
897. $97,000 to the City of Albany, New York for
the South End Demolition Project;
898. $97,000 to the City of Albany, New York for
expansion of the Palace Theater stage;
899. $97,000 to the City of Albany, New York for
the Corning Preserve Albany Waterfront Development;
900. $121,250 to Jamaica Hospital in New York, New
York for land acquisition;
901. $72,750 to the Federation of Italian-American
Organizations for expansion and renovation of its
community center in Brooklyn, New York;
902. $97,000 to the City of Brooklyn, New York for
construction of a computer lab;
903. $121,250 to the Brooklyn Public Library for
renovation and development of the library's Central
Plaza in Brooklyn, New York;
904. $97,000 to the Aaron Davis Hall, Inc. for
restoration and renovation of the hall into a
performing arts building in Harlem, New York;
905. $145,500 to The Armory Foundation for
facilities renovation in New York;
906. $145,500 to the Amigos del Museo del Barrio,
Inc. in New York, New York for capital improvements to
the Heckscher Building;
907. $121,250 to the Pregones Theater in Bronx, New
York for interior structural renovation work;
908. $344,000 to the City of New York Department of
Parks & Recreation for renovations to the Bath House at
Crotona Park;
909. $585,000 to the Mary Mitchell Family & Youth
Center for construction of a multipurpose center in
Bronx, New York;
910. $72,750 to the Town of Tonawanda, New York for
repairs to a training facility;
911. $72,750 to Group 14621 Community Association
for renovations to the Pulaski Library in Rochester,
New York;
912. $97,000 to the City of Buffalo, New York for
renovations to the Broadway Market;
913. $194,000 to the Brooklyn Academy of Music
Local Development Corporation for design, construction,
and streetscape improvements to the District's South
Site in Brooklyn, New York;
914. $169,750 to the Brooklyn Economic Development
Corporation to rehabilitate a building for business and
economic development activities in Brooklyn, New York;
915. $72,750 to the Education Center for Russian
Jewry in Rego Park, Queens, New York for facilities
construction;
916. $121,250 to the City of Broadview Heights,
Ohio for demolition;
917. $72,750 to Stella Maris, Inc. in Cleveland,
Ohio for construction of a community recovery center;
918. $97,000 to the City of Toledo, Ohio for
economic development planning for the Reynolds Road
Green Corridor project;
919. $97,000 to the Lagrange Development
Corporation in Toledo, Ohio for construction of a
community center;
920. $242,500 to the City of Toledo, Ohio for
building construction and streetscape improvements
along Detroit Avenue;
921. $630,500 to the City of Toledo, Ohio for the
Erie Street Market for Facilities reconstruction;
922. $72,750 to the Board of County Commissioners
in Portage County, Ohio for construction of a veteran
memorial in Ravenna, Ohio;
923. $97,000 to Washington State Community College
in Marietta, Ohio for construction of a conference
center;
924. $72,750 to the City of Portland, Oregon for
the Central City Eastside Streetcar project;
925. $72,750 to the Oregon Museum of Science and
Industry for land acquisition in East Portland, Oregon;
926. $218,250 to the Port of Brookings Harbor,
Oregon for construction of a seafood processing plant;
927. $72,750 to the City of Salem, Oregon for
facility improvements to the Salem Conference Center;
928. $121,250 to the City of Salem, Oregon for
industrial park development at the Mill Creek
Industrial and Employment Center;
929. $121,250 to the City of Philadelphia,
Pennsylvania for renovations to the Rock School;
930. $72,750 to the Bloomfield Preservation and
Heritage Society for construction of its Education,
Research, and Development Center in Pittsburgh,
Pennsylvania;
931. $72,750 to the Breachmenders Mentoring Grants
Program in Pittsburgh, Pennsylvania for facility
renovations and upgrades;
932. $72,750 to the Neighborhood Centers
Association's Childcare/Early Childhood Education
Center for facilities construction of a childhood
education center in Pittsburgh, Pennsylvania;
933. $72,750 to the Homeless Children Education
Fund/Learning Centers' homeless shelters for facility
revitalization and renovations in Allegheny County,
Pennsylvania;
934. $72,750 to North Hills Community Outreach in
the Borough of Millvale, Pennsylvania for facilities
construction and renovation;
935. $97,000 to the C.C. Mellor Memorial Library in
Pittsburgh, Pennsylvania for infrastructure repairs;
936. $48,500 to the American Theater Arts for
Youth, Inc. in Philadelphia, Pennsylvania for facility
enhancements;
937. $48,500 to the Potters House Mission in West
Philadelphia, Pennsylvania for land acquisition;
938. $48,500 to The Inglis Foundation for facility
upgrades in Philadelphia, Pennsylvania for enhanced
services;
939. $97,000 to the Pinn Business Development
Center in Philadelphia, Pennsylvania for building
renovations;
940. $97,000 to the Mann Center for Performing Arts
in Philadelphia, Pennsylvania for rehabilitation and
expansion of the performance hall;
941. $97,000 to the Greater St. Matthew Community
Development Center in Philadelphia, Pennsylvania for
construction of child development center;
942. $97,000 to the United Way of Philadelphia,
Pennsylvania for facility upgrades of the People's
Emergency Center West Philadelphia Digital Community
Inclusion Project;
943. $194,000 to the Center in the Park in
Philadelphia, Pennsylvania for facility enhancements
for a senior housing facility;
944. $416,750 to the Educational Advancement
Alliance in Philadelphia, Pennsylvania for acquisition
or facilities construction of a multipurpose facility;
945. $97,000 to the Borough of Tremont,
Pennsylvania for sidewalks and streetscape lighting;
946. $218,250 to the City of Harrisburg for capital
costs associated with the CorridorOne Regional Rail
Program of the Modern Transit Partnership in downtown
Harrisburg, Pennsylvania;
947. $72,750 to the City of Scranton, Pennsylvania
for land acquisition, facilities renovation, and
demolition;
948. $145,500 to the City of Wilkes-Barre,
Pennsylvania for land acquisition, facilities
renovation, and demolition;
949. $97,000 to Washington County, Pennsylvania for
engineering and design of improvements at the Alta
Vista Business Park;
950. $97,000 to Westmoreland County, Pennsylvania
for design, engineering and construction of the
Rostraver Veterans Memorial Park;
951. $121,250 to Armstrong County, Pennsylvania for
planning and renovation of buildings for reuse
associated with the IUP Kittening Campus Reuse Project;
952. $121,250 to Westmoreland County, Pennsylvania
for acquisition and reuse of a facility in the Lenox
Building Rehabilitation project;
953. $145,500 to the Cambria County, Pennsylvania
War Memorial Authority for construction of a stage and
sports floor;
954. $194,000 to the Greene County Community Center
for construction of a new community center in Greene
County, Pennsylvania;
955. $242,500 to Armstrong County, Pennsylvania for
construction of replacement facilities at the Belmont
Complex;
956. $242,500 to the Waynesburg College Center for
Economic Development in Greene County, Pennsylvania for
facilities construction and renovations;
957. $291,000 to Fayette County, Pennsylvania for
development of a business park;
958. $388,000 to Cambria County, Pennsylvania for
facility construction and improvements to the Johnstown
Regional Technology Complex;
959. $485,000 to the Winnie Palmer Nature Reserve
in Westmoreland County, Pennsylvania for facilities
construction and development;
960. $485,000 to Fayette County, Pennsylvania for
renovation, revitalization, and improvement associated
with the Downtown Uniontown Revitalization Project;
961. $72,750 to the Please Touch Museum in
Philadelphia, Pennsylvania for facilities construction;
962. $48,500 to the World War II Memorial
Commission of Rhode Island for the construction of the
Rhode Island World War II Memorial;
963. $121,250 to the Cornerstone Adult Services/
Bristol Center for renovation of a mill building in
Bristol, Rhode Island;
964. $145,500 to the City of East Providence, Rhode
Island for facilities construction and renovation of
the East Providence Senior Center;
965. $72,750 to the City of West Warwick, Rhode
Island for construction of the West Warwick Senior
Center;
966. $242,500 to Salve Regina University in
Newport, Rhode Island for facilities renovations;
967. $145,500 to the Five Rivers Community
Development Corporation for the acquisition of land for
a community training site in Georgetown County, South
Carolina;
968. $145,500 to the South Sumter Resource Center
for facilities construction and renovation in Sumter,
South Carolina;
969. $97,000 to the Lee County Public Library in
Lee County, South Carolina for facilities expansion and
relocation;
970. $291,000 to Clinton Junior College in Rock
Hill, South Carolina for construction of a new library/
classroom facility;
971. $121,250 to the Cheyenne River Youth Project
for construction of a teen center in Eagle Butte, South
Dakota;
972. $72,750 to Fisk University in Nashville,
Tennessee for development of a physical facilities
master plan;
973. $121,250 to the Arts Center of Cannon County
in Woodbury, Tennessee for construction and renovation
of the Cannon County Cultural Tourism Complex;
974. $72,750 to the Southwest Tennessee Community
College for expansion of a biotechnology building in
Memphis, Tennessee;
975. $169,750 to the Arts Center of Cannon County
for expansion and construction of the Cannon County
Cultural Tourism Complex in Woodbury, Tennessee;
976. $145,500 to the Lauderdale County Economic
Development Board in Ripley, Tennessee for industrial
park development at the North Industrial Park;
977. $97,000 to the NABA International Park for the
construction and renovations of its visitor center;
978. $97,000 to Southwest Key in Austin, Texas for
facilities construction;
979. $97,000 to the City of Killeen, Texas for
construction of a senior citizens center;
980. $436,500 to Quinn Campus, Inc. for
construction, renovation and upgrades at Paul Quinn
College in Waco, Texas;
981. $145,500 to Harris County, Texas Precinct 2
for the Harris County Unincorporated Area
Revitalization Program in Harris County, Texas to
enhance economic development in the area;
982. $145,500 to the City of Houston, Texas for
construction and buildout of the Mason Park Family
Center;
983. $72,750 to Texas A&M University in Kingsville,
Texas for facility expansion of the Center for Young
Children;
984. $72,750 to the City of Houston, Texas for the
renovation of a school building to house an African-
American archive and cultural center;
985. $121,250 to the City of Houston, Texas for
capital improvements to the Guadalupe Plaza Park;
986. $72,750 to the City of Dallas, Texas for
facilities construction and buildout of the Joppa
Rodeo;
987. $121,250 to the City of Dallas, Texas for
rehabilitation of the Black Dance Theater;
988. $169,750 to the Corpus Christi Regional
Transportation Authority for the sidewalk improvements
in Corpus Christi, Texas;
989. $121,250 to the Canutillo, Texas Independent
School District for construction of a Science and
research center;
990. $97,000 to Salt Lake County, Utah for
construction of the East Side Senior Center;
991. $121,250 to the Utah Shakespearean Festival
for architectural and engineering design and
construction of a performance facility;
992. $194,000 to the Dabney S. Lancaster Community
College for construction of the Virginia Packaging
Applications Center;
993. $97,000 to the Boys and Girls Club of
Alexandria, Virginia for renovation and expansion of
its facility;
994. $97,000 to the Shirlington Incubation Center
in Arlington, Virginia for construction of an
incubator;
995. $97,000 to the Arlington Housing Corporation
in Arlington County, Virginia for property acquisition,
building demolition, and facilities renovation;
996. $169,750 to the Northern Virginia Urban League
for rehabilitation of the Freedom House in Alexandria,
Virginia;
997. $145,500 to the National Park Foundation for
site preparation and construction of a New Market
Heights memorial and visitor's center in Henrico
County, Virginia;
998. $291,000 to Edgehill Recovery Retreat Center
in Winchester, Virginia for facilities construction;
999. $72,750 to the Central Vermont Council on
Aging in Barre, Vermont for construction and
rehabilitation of senior centers;
1000. $72,750 to the Vermont Network Against
Domestic Violence and Sexual Assault in Montpelier,
Vermont for construction and rehabilitation of domestic
violence shelters;
1001. $97,000 to the Vermont Employee Ownership
Center in Burlington, Vermont for capitalization of a
loan fund;
1002. $72,750 to the Fire Mountain Arts Council for
renovation of the Morton Theater in Morton, Washington;
1003. $72,750 to the City of Hoquiam, Washington
for renovation of the Senior Nutrition Center;
1004. $194,000 to the Port of Bremerton, Washington
for expansion of a marina;
1005. $388,000 to the Town of Port Townsend,
Washington for construction on the Northwest Maritime
Center;
1006. $72,750 to the Edmonds Public Facilities
District for renovations at the Edmonds Center for the
Arts in Edmonds, Washington;
1007. $121,250 to the City of Bellingham,
Washington for renovations to the Mount Baker Theater;
1008. $72,750 to the Boys and Girls Club of King
County, Washington for renovation of the Greenbridge
Community Center in White Center;
1009. $72,750 to the Asian Counseling and Referral
Service for construction of a new building in Seattle,
Washington;
1010. $72,750 to the City of Federal Way,
Washington for the West Hylebos Wetlands Boardwalk
Replacement;
1011. $169,750 to the City of Beloit, Wisconsin for
sidewalks, street furniture, and facade improvements;
1012. $97,000 to Dakota County Technical College
and Chippewa Valley Technical College for construction
of the Center of Technology Innovation and Learn Lab in
Eau Claire, Wisconsin and Rosemount, Minnesota;
1013. $242,500 to the Wisconsin Rapids Heart of
Wisconsin Chamber of Commerce for a loan fund;
1014. $940,000 to the Ashwabay Outdoor Education
Foundation in Washburn, Wisconsin for acquisition of
land;
1015. $1,000,000 to the Marshfield Clinic for
construction of the Melvin R. Laird Center for Applied
Sciences;
1016. $97,000 to Forward Southern West Virginia in
Beckley, West Virginia for land acquisition, planning,
design and construction;
1017. $657,000 to the Greenbrier Valley Economic
Development Corporation in Lewisburg, West Virginia for
facilities construction and buildout;
1018. $970,000 to the 4-County Economic Development
Corporation in Oak Hill, West Virginia for facilities
construction;
1019. $72,750 to the Mountaineer Area Council in
Fairmont, West Virginia for facilities construction;
1020. $72,750 to the Wetzel County 4-H Camp in New
Martinsville, West Virginia for facilities renovation
and buildout;
1021. $72,750 to the Grant County Library
Commission in Grant County, West Virginia for
facilities construction and renovation;
1022. $97,000 to Alderson-Broaddus College in
Philippi, West Virginia for facilities construction,
upgrades and buildout;
1023. $97,000 to the Tyler County Commission in
Tyler County, West Virginia for facilities construction
and renovations;
1024. $97,000 to the Monongalia County Schools
Foundation, Inc. in West Virginia for construction of
recreational facilities;
1025. $97,000 to the Marion County Commission in
Marion County, West Virginia for planning, renovation
and construction;
1026. $97,000 to West Liberty State College in West
Liberty, West Virginia for planning and construction;
1027. $97,000 to Glenville State College in
Glenville, West Virginia for planning and design of a
science center;
1028. $97,000 to the Strand Theatre Preservation
Society in Moundsville, West Virginia for theatre
renovations;
1029. $242,500 to Wheeling Hospital in Wheeling,
West Virginia for facilities upgrades and buildout;
1030. $1,386,600 to Vandalia Heritage Foundation,
Inc. for land acquisition;
1031. $1,090,900 to the West Virginia High
Technology Consortium Foundation, Inc. for facilities
construction; and
1032. $1,940,000 to Glenville State College in
Glenville, West Virginia for the construction of a new
campus community education center.
--$42,000,000 for the Neighborhood
Initiatives program instead of $21,735,000 as
proposed by the House and $22,000,000 as
proposed by the Senate. Modified language is
included, similar to language proposed by the
House and Senate, to target funds made
available under this program. Targeted grants
shall be provided as follows:
1. $250,000 for the reconstruction of Newell Hall
at the University of Florida;
2. $300,000 for Lokahi Pacific in Wailuku, Hawaii
for costs associated with the construction of the Blue
Hawaii Building Projects and the Wailuku Small Business
Center;
3. $200,000 for the Patriot's Gateway Center in
Rockford, Illinois for continuation of programs and
neighborhood revitalization in Rockford;
4. $500,000 for the City of Terre Haute, Indiana
for the Terre Haute Business Incubator;
5. $500,000 for the Iowa Department of Economic
Development for the enhancement of regional economic
development capabilities;
6. $300,000 for the City of Council Bluffs, Iowa
for downtown revitalization;
7. $500,000 for Catholic Housing of Wyandotte
County, Kansas, Inc. for construction of low-cost
housing and economic development activities as part of
the Bethany Redevelopment Project in Wyandotte County,
Kansas;
8. $1,000,000 for the Casey County Fiscal Court,
Kentucky for the Central Kentucky Agriculture and
Exposition Center in Casey County, Kentucky;
9. $1,000,000 for East Baltimore Development Inc.,
in Baltimore, Maryland for redevelopment activities in
East Baltimore;
10. $1,300,000 for the Denali Commission for
economic development in remote Native and rural
villages in Alaska;
11. $300,000 for the Cambridge Redevelopment
Authority, Massachusetts for the Kendall Square Renewal
Area Project;
12. $300,000 for the Detroit Riverfront
Conservancy, Michigan for costs associated with the
restoration of Detroit riverfront west;
13. $1,000,000 to the B.B. King Museum Foundation
for the B.B King Museum in Indianola, Mississippi;
14. $300,000 to Mississippi State University for
the Capacity Development Initiative in Starkville,
Mississippi;
15. $250,000 to Jackson State University for the
Lynch Street Development Corridor Redevelopment in
Jackson, Mississippi;
16. $250,000 to the City of Grenada for the Taylor
Hall renovation in Grenada, Mississippi;
17. $350,000 for the LeFleur Lakes Development
Foundation for an Economic Development Plan in Rankin
and Hinds County, Mississippi;
18. $350,000 to Lincoln County for the restoration
of the Boys & Girls Club in Lincoln County,
Mississippi;
19. $5,000,000 for the Grace Hill Neighborhood
Health Centers, Inc. shall be spent on primary
prevention activities with no less than $4,000,000
spent on remediation and abatement activities of
housing in St. Louis, Missouri;
20. $500,000 to the Urban League of Kansas City,
Missouri for programs to support at-risk youth in the
urban core of Kansas City;
21. $260,000 to the Central Missouri Food Bank in
Columbia, Missouri for capital campaign project;
22. $90,000 to the Special Learning Center in
Jefferson City, Missouri for staffing, training,
equipment, supplies and renovations;
23. $50,000 to the Children's Therapy and Early
Education School in Mexico, Missouri for an indoor
exercise and gym area and to provide location for
occupational and physical therapy for children with
developmental delays and special needs;
24. $250,000 for the Urban Institute in Washington,
DC for HOPE VI related research activities;
25. $1,000,000 for the Georgia Museum of Art in
Athens, Georgia for completion of phase II;
26. $250,000 for the City of North Las Vegas,
Nevada for a neighborhood beautification project;
27. $500,000 for the City of Rugby, North Dakota to
continue work on information technology and energy
projects;
28. $400,000 for Charleston Housing Trust
Incorporated in South Carolina for the development of
affordable housing;
29. $300,000 for Mercy Housing, Inc. for
improvements to rural housing in Yakima, Washington;
and
30. $1,000,000 for the Girl Scouts of the USA for
youth development initiatives in public housing;
31. $1,000,000 for Shepherd University in
Shepherdstown, West Virginia for construction, related
activities, and programs at the Scarborough Library;
32. $500,000 for the Boys and Girls Clubs of
America to establish programs for youth living in
Public and Indian housing communities;
33. $800,000 to Swope Community Builders in Kansas
City, Missouri for the redevelopment of the Brush Creek
Neighborhood;
34. $100,000 to Tri-State University in Angola,
Indiana for facilities construction and renovation of
the Center for Technology and Online Resources;
35. $250,000 to Bradley University in Peoria,
Illinois for facilities construction and renovation of
Bradley Hall;
36. $250,000 to Pathway Services in Jacksonville,
Illinois for facilities construction and renovation of
a respite care facility;
37. $100,000 to Teen Challenge in Decatur, Illinois
for facilities construction and renovation;
38. $100,000 to Quincy University in Quincy,
Illinois for design and construction of a science
building;
39. $100,000 to Tazewell/Woodford Head Start in
East Peoria, Illinois for facilities construction and
renovation of a new facility;
40. $100,000 to the City of Peoria, Illinois for
Southern Gateway revitalization project;
41. $275,000 to the First Gethsemane Center for
Family Development in Louisville, Kentucky for the
purchase of a multi-purpose facility;
42. $600,000 to Maryhurst, Inc. in Louisville,
Kentucky for facilities construction and renovation of
a multi-purpose youth activities center;
43. $675,000 to the YMCA of Greater Louisville,
Kentucky for renovations to the Chestnut Street
facility;
44. $200,000 to the Visually Impaired Preschool
Services in Louisville, Kentucky for facilities
renovation;
45. $735,000 to the Monroe County Heritage
Christian Home for costs associated with construction
of the Springdale Farm Demonstration Project located in
Ogden, Monroe County, New York;
46. $500,000 to NYSERNET for optical networking
infrastructure;
47. $550,000 to the Central New York Regional
Planning and Development Board for Finger Lakes Open
Lands Conservation Project;
48. $475,000 to the Genesse/Finger Lakes Regional
Planning Council for the Finger Lakes Open Lands
Conservation Project;
49. $5,540,000 to the City of Syracuse, New York
for the Neighborhood Initiative Program;
50. $1,000,000 for The Ohio State University in
Columbus, Ohio for facilities construction and
renovation in the Community Properties of Ohio
Initiative.
51. $2,910,000 to the Institute for Scientific
Research for construction related to a high-technology
diversification initiative
52. $2,660,000 to the West Virginia High Technology
Consortium Foundation, Inc. for mission purposes and
economic development initiatives;
53. $2,910,000 to the Vandalia Heritage Foundation,
Inc. for community and neighborhood revitalization and
economic diversification initiatives; and
54. $970,000 to the City and County of San
Francisco for capital; and improvements, upgrades and
buildout for a senior homeless facility.
Includes modified language making technical corrections
to certain targeted economic development initiative grants
funded under this heading in prior appropriations Acts, similar
to language proposed by the House and the Senate.
Includes language proposed by the House transferring up
to $3,465,000 to the Working Capital Fund for development of
and modifications to information technology systems. Modified
language is included to broaden the uses of these funds to
include other Departmental information technology needs. The
Senate had proposed $500,000 for this transfer.
Includes language limiting the use of funds provided
under this heading for planning, management and administration
to not more than 20 percent of the funds provided except for
amounts provided for certain activities as proposed by the
House and the Senate.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $7,000,000 for costs associated with section
108 loan guarantees, including administrative costs, to
subsidize a total loan principal of up to $275,000,000 as
proposed by the House. The Senate had proposed $7,325,000 for
this account.
BROWNFIELDS REDEVELOPMENT
Appropriates $24,000,000 for brownfields redevelopment as
proposed by the House. The Senate had proposed $25,000,000 for
this account.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriates a total of $1,915,000,000 for this account,
instead of $1,920,000,000 as proposed by the House and
$2,050,000,000 as proposed by the Senate.
The conference agreement includes $1,865,000,000 for the
HOME Investment Partnerships program, instead of $1,835,000,000
as proposed by the House and $2,000,000,000 as proposed by the
Senate. Within this account, funds are allocated as follows:
$42,000,000 is for housing counseling. The House
had proposed $38,000,000 for housing counseling and the
Senate had proposed $45,000,000;
$18,000,000 is for technical assistance as
proposed by the Senate. The House had proposed
$17,400,000 for technical assistance. Of amounts made
available for technical assistance, $7,500,000 is for
qualified non-profit intermediaries to provide
technical assistance to Community Housing and
Development Organizations (CHDOs) instead of $7,000,000
as proposed by the House and $8,000,000 as proposed by
the Senate; and
$2,000,000 as a transfer to the Working Capital
Fund as proposed by the House instead of $500,000 as
proposed by the Senate. Modified language is included
to broaden the uses of these funds to include other
Departmental information technology needs.
In addition, the conference agreement includes
$50,000,000 to provide down-payment assistance to low-income
families to help them achieve homeownership as proposed by the
Senate, instead of $85,000,000 as proposed by the House.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,250,515,000 for homeless assistance
grants, instead of $1,206,000,000 as proposed by the House and
$1,260,000,000 as proposed by the Senate. Language is included
designating up to $11,500,000 for the national homeless data
analysis project and for technical assistance as proposed by
the House. The Senate had proposed $12,000,000 for these
activities. Includes modified language proposed by the House
transferring $2,500,000 to the Working Capital Fund. Modified
language is included to broaden the uses of these funds to
include other Departmental information technology needs. The
Senate had proposed $500,000 for this transfer.
The conferees reiterate language proposed by the Senate
directing HUD to provide flexibility in the types of activities
that qualify in meeting the match requirement under the
Supportive Housing Program. The conferees also reiterate the
direction in the Senate report that HUD is to include 5-year
projections for the cost of renewing the permanent housing
component of the Supportive Housing Program and Shelter Plus
Care grants in its fiscal year 2006 budget justification.
Housing Programs
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
Appropriates $747,000,000 for this account instead of
$741,000,000 as proposed by the House and $773,800,000 as
proposed by the Senate.
The conference allocates funds as follows:
--$650,550,000 for new capital and PRAC
contracts;
--$3,000,000 for one-year renewals of
expiring PRAC payments;
--$50,000,000 for service coordinators and
the continuation of congregate services grants.
The House had proposed $48,000,000 for service
coordinators and congregate services and the
Senate had proposed $53,000,000;
--up to $25,000,000 for assisted living
conversion grants and emergency capital
repairs. The House proposed $20,000,000 for
assisted living conversion grants and emergency
repairs, and the Senate proposed $30,000,000
for assisted living conversion grants,
emergency capital repairs, and substantial
rehabilitation;
--$18,000,000 for competitive grants for
planning, design and development activities for
section 202 projects. The House had proposed
$15,000,000 for these activities and the Senate
had proposed $20,000,000. These funds are to be
allocated for project planning, preliminary
design, site control activities and other
development costs, including gap financing if
appropriate, directly related to section 202
projects in order to facilitate timely
completion of such projects. The conferees do
not intend for these funds to be used for
technical assistance but instead expect such
funds to be used for start-up costs associated
with such projects; and
--$450,000 for transfer to the Working
Capital Fund for information technology
activities as proposed by the House instead of
$75,000 as proposed by the Senate. Modified
language is included to broaden the uses of
these funds to include other Departmental
information technology needs.
Bill language is included to clarify language included in
the fiscal year 2004 bill which provided for the transfer and
merger of all unexpended balances previously appropriated for
the section 202 program into the new Housing for the Elderly
account.
The conferees reiterate language proposed by the Senate
directing the Department to work with the Department of Health
and Human Services' Office of Aging to coordinate expertise and
resources to strengthen naturally occurring retirement
communities, known as ``NORCs.''
The conferees direct the Department to submit the report
required in the statement of managers accompanying H.R. 2673 on
the long-term conditions and needs of the section 202 and 236
stock by December 15, 2004. This report was due on August 15,
2004, but to date has not been submitted. The conferees are
very concerned about the state of this housing stock and are
disappointed that the Department has not only failed to
prioritize those repair needs, but has also failed to meet the
reporting requirement.
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement recommends a total program level
of $240,000,000 for the section 811 program instead of
$238,000,000 proposed by the House and $250,000,000 proposed by
the Senate.
Includes bill language proposed by the Senate to ensure
that housing assistance made available under this account
remain available to persons with disabilities upon turnover.
The conference agreement allocates funds as follows:
--$148,311,000 for new capital grants and
PRAC;
--$50,000,000 for one-year renewal costs of
section 811 rental assistance;
--$2,349,000 for PRAC renewals;
--$10,000,000 for incremental tenant-based
assistance as proposed by the House. The Senate
had provided up to 25% of amounts provided,
other than amounts for renewal of expiring
project-based assistance, for tenant-based
rental assistance;
--$28,890,000 for amendments to tenant-
based contracts entered into prior to fiscal
year 2004, as proposed by the House; and
--$450,000 for transfer to the Working
Capital Fund as proposed by the House. The
Senate had proposed $75,000 for transfer to the
Working Capital Fund. Modified language is
included to broaden the uses of these funds to
include other Departmental information
technology needs.
Bill language proposed by the House is included to
clarify authority provided in fiscal year 2004 transferring and
merging all unexpended balances previously appropriated for the
section 811 program to this account.
The conferees reiterate language included in the House
report directing HUD to issue program guidance for the Section
811 mainstream program by March 15, 2005, including guidance on
(1) targeting rental assistance eligibility criteria; (2)
maintaining vouchers exclusively for eligible persons; and (3)
retaining a meaningful role for non-profit disability
organizations. The Senate report had also included language to
ensure that all tenant-based assistance made available under
this account is to remain available to persons with
disabilities upon turnover.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
Includes language permanently transferring excess rental
charges to this fund as proposed by the Senate. The House
included similar language.
MANUFACTURED HOUSING FEES TRUST FUND
Appropriates up to $13,000,000 for authorized activities
from fees collected in the Fund as proposed by the House and
Senate.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes an $185,000,000,000 limitation on commitments
to guarantee single-family loans during fiscal year 2005 as
proposed by the House and the Senate. Retains language applying
this limitation to commitments to guarantee loans as proposed
by the House. The Senate applied this limitation to loan
guarantees.
Establishes a $50,000,000 limitation on direct loans to
nonprofits and governmental entities in connection with the
sale of HUD-owned single-family properties as proposed by the
House and the Senate.
Appropriates $356,906,000 for administrative expenses, of
which $352,906,000 is for transfer to the salaries and expenses
account and not to exceed $4,000,000 is for transfer to the
Office of Inspector General. The House proposed $356,882,000
including transfers of $352,906,000 and $3,976,000, and the
Senate proposed $366,000,000 including transfers of
$362,000,000 and $4,000,000.
Appropriates $78,000,000 for administrative contract
expenses, of which $15,000,000 is for information technology
systems. The House proposed $78,000,000 including no less than
$15,000,000 for information technology systems and the Senate
proposed $70,002,000 including no less than $7,002,000 for such
systems. Modified language is included to broaden the uses of
these funds to include other departmental information
technology needs.
Language is also included allowing up to an additional
$30,000,000 to be made available for such expenses in certain
circumstances as proposed by both the House and Senate.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes a $35,000,000,000 limitation on multifamily
and specialized loan guarantees during fiscal year 2005 as
proposed by the House and the Senate.
Appropriates $10,000,000 for subsidy costs to support
certain multifamily and special purpose loan guarantee programs
as proposed by both the House and Senate.
Appropriates $227,767,000 for administrative expenses, of
which $207,767,000 is for transfer to the salaries and expenses
account and not to exceed $20,000,000 is for transfer to the
Office of Inspector General. The House proposed $227,649,000
including transfers of $207,767,000 and $19,882,000, and the
Senate proposed $234,000,000 including transfers of
$214,000,000 and $20,000,000.
Appropriates $86,000,000 for administrative contract
expenses, of which $9,600,000 is for information technology
systems. The House proposed $86,000,000 including no less than
$9,600,000 for information technology systems and the Senate
proposed $81,600,000 including no less than $5,200,000 for such
systems. Modified language is included to broaden the uses of
these funds to include other departmental information
technology needs.
Language is also included allowing up to an additional
$14,400,000 to be made available for such expenses in certain
circumstances as proposed by both the House and Senate.
Language is also included elsewhere in this title
rescinding $30,000,000 from prior year unobligated balances of
credit subsidy appropriations. Both the House and Senate
proposed this rescission.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $10,695,000 for administrative expenses to
be transferred to the salaries and expenses account as proposed
by the House instead of $10,986,000 as proposed by the Senate.
Policy Development and Research
RESEARCH AND TECHNOLOGY
Appropriates $45,500,000 for research and technology
instead of $45,000,000 as proposed by the House and $46,700,000
as proposed by the Senate.
The agreement includes $7,000,000 for the Partnership for
Advancing Technology in Housing (PATH) initiative as proposed
by the House, instead of $7,500,000 as proposed by the Senate.
The conferees have included language which exempts $3,500,000
of the funds available in the PATH program from the competitive
requirements included in the Administrative Provisions under
this title. The Senate had proposed to exempt the entire PATH
program from this requirement. The conferees expect HUD to
undertake an evaluation of the PATH program, including an
assessment of the benefits or drawbacks of competitive
requirements in this program.
The conferees reiterate the direction included in the
Senate report denying demonstration authority without prior
congressional approval.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriates $46,500,000 for this account instead of
$46,000,000 as proposed by the House and $47,700,000 as
proposed by the Senate.
Of this amount, $26,500,000 is for the Fair Housing
Assistance Program (FHAP) and $20,000,000 is for the Fair
Housing Initiatives Program (FHIP). The House proposed
$26,500,000 for FHAP and $19,500,000 for FHIP. The Senate
proposed $27,000,000 for FHAP and $20,700,000 for FHIP.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
Appropriates $168,000,000 for the lead hazard reduction
program instead of $167,000,000 as proposed by the House and
$175,000,000 as proposed by the Senate.
The conferees agree to allocate funds as follows:
--$92,600,000 for the lead-based paint
hazard control grant program to provide
assistance to State and local governments and
Native American tribes for lead-based paint
abatement in private low-income housing;
--$8,000,000 for Operation LEAP;
--$9,500,000 for technical assistance and
support to State and local agencies and private
property owners;
--$9,900,000 for the Healthy Homes
Initiative for competitive grants for research,
standards development, and education and
outreach activities to address lead-based paint
poisoning and other housing-related diseases
and hazards; and
--$47,000,000 for an initiative to target
lead abatement funds to areas with the highest
lead paint abatement needs.
The agreement includes bill language proposed by the
House delegating authority and responsibility for performing
environmental reviews for lead programs to governmental
entities familiar with local environmental conditions.
The agreement includes modified language proposed by the
Senate making available $47,000,000 on a competitive basis to
those areas with the highest lead paint abatement needs. The
conferees reiterate concerns noted by the Senate regarding the
problem of lead risks in housing and direct the Department to
carry out the lead demonstration program according to terms
specified in the Senate report and in the same manner as fiscal
year 2004.
The conferees agree with Senate direction to the
Department to continue mold and moisture initiatives within the
Healthy Homes program and direct the Department to report to
the Committees on Appropriations by March 1, 2005 on lessons
learned and strategies for disseminating best practices on
controlling and preventing household mold and moisture. The
report should include a discussion of the unique needs in
Native American housing.
Management and Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes language requiring
funds provided under this heading to be allocated in the manner
specified in the joint explanatory statement of the managers
accompanying this Act unless the Committees on Appropriations
are notified and approve of any changes in the operating plan
or through a reprogramming. The object classification
distribution, which shall also serve as the basis for operating
plan and reprogramming changes, is as follows:
Personal Services....................................... $912,409,000
Travel and Transportation of Persons.................... 17,031,000
Transportation of Things................................ 548,000
Rent, Communications and Utilities...................... 131,791,000
Printing and Reproduction............................... 2,740,000
Other Services.......................................... 48,058,000
Supplies and Materials.................................. 4,687,000
Furniture and Equipment................................. 2,511,000
Indemnities............................................. 225,000
The conference agreement does not include a specific
allocation of funding and staffing among offices as was
proposed in the House report. The conferees understand that
adjustments to these allocations will be necessary to remain
within the funds appropriated in the account and to reflect the
latest Resource Allocation and Estimation Process (REAP)
studies. The conferees direct the Department to include in its
operating plan a proposal to distribute the funds and FTE among
offices based on these adjustments. Until the operating plan is
approved by the Committees, the Department is to manage its
staffing ceilings in accordance with the Corrective Action Plan
completed in September, 2004.
Public and Indian Housing Division of Quality
Assurance.--The conferees direct that the Department provide no
less than 75 FTE to the Section 8 Quality Assurance Division
within the Office of Public and Indian Housing.
Operating Plans/Reprogramming Requirements.--The
conferees appreciate the need for management flexibility to
allocate management and administrative resources or reorganize
offices and programs to address changing requirements at the
departments and agencies funded in the bill, including HUD. To
provide such flexibility, while ensuring appropriate
consultation and oversight, all Departments within the
Subcommittee's jurisdiction are required to submit operating
plans and reprogramming letters and reorganization proposals
for Committee approval. The conferees reiterate that HUD is
directed to follow the Committees' requirements regarding
operating plans, reprogrammings and reorganizations as outlined
in the House report. Unless otherwise specified in this Act or
the accompanying report, the approved level for any program,
project, or activity is that amount detailed for that program,
project, or activity in the Department's annual detailed budget
justification document. These requirements apply to all funds
provided to the Department.
Includes language as proposed by the Senate placing a
limitation on the number of GS-14 and GS-15 positions at the
Department. The House did not propose similar language.
In lieu of the direction included in the Senate report
requiring the Department to submit quarterly travel reports,
the conferees direct HUD to report on all travel by Senate-
confirmed Presidential Appointees (PAS) and non-career senior
executive service personnel located at HUD headquarters
beginning from October 1, 2004 through September 1, 2005,
including all names, locations and costs. This report shall be
submitted to the Senate and House Committees on Appropriations
no later than September 15, 2005.
The conferees appreciate the Department's cooperation to
make its fiscal year 2005 budget justification submission more
useful and informative. The conferees reiterate the direction
included in the House report regarding the fiscal year 2006
submission. Language is included again this year under
Administrative Provisions requiring the fiscal year 2006
justification materials to be submitted in the traditional
structure with sufficient detailed information to satisfy the
Committees' needs.
WORKING CAPITAL FUND
Appropriates $270,000,000 for the Working Capital Fund
instead of $234,000,000 as proposed by the Senate and
$100,000,000 as proposed by the House.
In addition, the conference agreement includes
$51,725,000 in transfers from the following accounts to the
Working Capital Fund as proposed by the House instead of
$23,762,000 as proposed by the Senate:
FHA, Mutual mortgage insurance fund..................... $15,000,000
FHA, General and special risk insurance fund............ 9,600,000
Community development fund.............................. 3,465,000
HOME investment partnerships program.................... 2,000,000
Homeless assistance..................................... 2,500,000
Public housing capital fund............................. 10,150,000
Native American Indian block grants..................... $2,600,000
Tenant-based rental assistance.......................... 2,904,000
Project-based rental assistance......................... 2,000,000
Housing for the elderly................................. 450,000
Housing for the disabled................................ 450,000
Interagency Services.................................... 306,000
Office of Inspector General............................. 300,000
Modified language is included elsewhere in the Act to
broaden the uses of these transferred funds to include
departmental information technology needs as well as program
specific needs. Language is also included, similar to language
proposed by the Senate, to broaden the uses of previously
appropriated program transfers to meet departmental information
technology requirements. The House did not include similar
language. Language is also included under the salaries and
expenses account to allow the transfer of up to $20,000,000 to
the Working Capital Fund.
The conferees are concerned that delays in the successful
award of a new contract for HUD's department-wide information
technology infrastructure has resulted in the Department
significantly overspending for outdated technology in fiscal
year 2004, has created a potentially significant funding
shortfall for fiscal year 2005, and has prohibited the
Department from needed modernization to its infrastructure. The
conference agreement includes additional funds above the levels
proposed in the House and Senate and the budget request to
cover a portion of the potential shortfall. The conferees
expect the Department to use the funds provided to address its
need for a modernized information technology infrastructure in
a manner that is fiscally responsible and in the best interest
of the Department, the Federal government and the taxpayer. The
conferees expect the Department and the Office of Management
and Budget to request sufficient funds in their fiscal year
2006 budget request to meet their information technology
requirements.
The conferees reiterate the direction included in the
House report on continued development and definition of a five-
year information technology plan consistent with the format
previously provided to the Department and direct such updated
plan be submitted no later than February 1, 2005.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriates $104,000,000 for the Office of Inspector
General instead of $100,858,000 as proposed by the House and
$107,500,000 as proposed by the Senate. Of this amount,
$24,000,000 is provided by transfer from the various funds of
the Federal Housing Administration as proposed by the House and
the Senate.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $59,209,000 for the Office of Federal
Housing Enterprise Oversight (OFHEO) to be derived from
collections available in the Federal Housing Enterprise
Oversight Fund as proposed by the House and the Senate.
Language proposed by the Senate is included requiring not
less than 80 percent of the total amount made available under
this heading shall be used only for examination, supervision
and capital oversight to ensure that the enterprises are
operating in a financially sound manner and comply with
statutory capital requirements.
The conferees have not included a Senate provision that
holds back $10,000,000 until the Director is replaced through
Senate confirmation. This deletion is not a vote of support;
instead, the conferees believe that hiring decisions at this
level belong to the President. Nevertheless, the conferees urge
the President to take swift action in replacing the Director
and his Deputy, both in consideration of the very poor decision
making of these individuals over the last few years as well the
serious issues raised by the HUD IG's Report of Investigation
(Case# SID-04-0034-I).
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
Includes a rescission of $1,557,000,000 from unobligated
balances and recaptures from prior-year appropriations provided
under this account or any other account in this title to be
effected no later than September 30, 2005 as proposed by the
House and in the budget request. The Senate proposed a
rescission of $2,588,172,000 to be effected no later than June
30, 2005.
Includes language proposed by the House making any
balances governed by statutory reallocation provisions
available for this rescission. The Senate did not include
similar language.
Modified language is included, similar to language
proposed by the House, to prohibit any recaptures from tenant-
based and project-based rental assistance and any project-based
rental assistance carryover from being used to augment calendar
year 2005 funding for Section 8 vouchers. The Senate proposed
language to allow recaptures and carryover to be used to
augment 2005 tenant-based rental assistance funding.
Modified language is included, similar to language
proposed in the House, allowing recaptures from amounts
previously provided for project-based rental assistance to be
used for amendments to project-based rental assistance
contracts and for contract administrators. The Senate did not
include similar language.
The conferees direct that a portion of this rescission be
met by reducing public housing agencies' program reserves to no
more than one week as assumed in the budget request.
The conference agreement does not include language
proposed by the Senate to require that, to the extent funds are
not available from unobligated balances and recaptures in the
Housing Certificate Fund, all other accounts, programs,
projects and activities in this Act are to be reduced on a
proportionate basis except the Department of Veterans Affairs
Medical Services account. The conference agreement does not
include language proposed by the Senate to require that the
Government Accountability Office (GAO) to audit of the
availability of funds for recapture. The House did not include
similar language.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
(RESCISSION)
Includes a rescission of $5,000,000 from prior year
unobligated balances remaining in this account as proposed by
both the House and Senate.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(RESCISSION)
Includes a rescission of $21,000,000 from prior year
balances of credit subsidy appropriations for the title VI loan
guarantee program as proposed by both the House and Senate.
INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT
(RESCISSION)
Includes a rescission of $33,000,000 from prior year
balances of credit subsidy appropriations for the section 184
loan guarantee program as proposed by both the House and
Senate.
Housing Programs
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Includes a rescission of up to $675,000,000 from
unobligated balances previously provided to fund amendment
requirements for current State-aided, non-insured rental
housing contracts as proposed by the House and Senate and
included in the budget request.
Federal Housing Administration
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(RESCISSION)
Includes a rescission of $30,000,000 from unobligated
balances of prior year credit subsidy appropriations for the
FHA multifamily and specialized programs as proposed by the
House and Senate.
Administrative Provisions
Includes modified language regarding the distribution of
certain HOPWA funds, similar to language proposed by the House
and the Senate.
Includes language requiring all funds to be awarded
competitively except as explicitly provided for otherwise in
statute as proposed by the House. The Senate proposed similar
language.
Includes language proposed by the House to require the
Secretary to continue to provide project-based rental
assistance for units in properties that are managed, owned, or
disposed of by the Department if such properties are primarily
occupied by elderly or disabled families, or contract for new
project-based rental assistance with other owners if such
properties are not preserved. The Senate proposed language to
expand this to require that project-based rental assistance be
continued for units in all properties or contract for new
project-based rental assistance with other owners if such
properties are not preserved.
Includes language as proposed by the Senate to
permanently allow the Secretary to maintain and dispose of
certain elderly and disabled projects upon foreclosure. The
House included similar language.
Includes language proposed by the House setting forth
requirements regarding the fiscal year 2006 budget
justification submission to the Committees on Appropriations.
The Senate did not include similar language.
Includes language proposed by the House requiring that,
to the extent practicable, incremental section 8 vouchers
previously provided for non-elderly disabled families should
continue to be provided to other non-elderly disabled families
upon turnover. The Senate included similar language elsewhere
in this title.
Includes language as proposed by the House clarifying an
equitable title issue in the section 202 program. The Senate
did not include similar language.
Includes language proposed by the Senate requiring the
Secretary to submit an annual report to the Committees on
Appropriations regarding the number of Federally-assisted units
under lease and the per unit costs to the Federal government of
such units. The House did not include similar language.
Does not include language proposed by the Senate to
expand the FHA hospital insurance program to include the
purchase of existing facilities. The House did not include
similar language. The Government Accountability Office (GAO) is
directed to conduct a review of the HUD FHA Hospital and
Nursing Home Mortgage Insurance programs by August 15, 2005.
The review is to be designed to assess the financial risk of
the program to the insurance fund as well as to review the
management and design of the program, including the nature of
the relationship between HUD and HHS in approving insurance for
hospital mortgages.
Does not include language proposed by the Senate to amend
section 683(2) of the Housing and Community Development Act of
1972 to authorize service coordinators in section 811 projects.
The House did not include similar language.
Includes language proposed by the Senate to amend the
National Housing Act to make certain changes related to
submission of mortgagors financial statements and the criteria
and penalties for violations of certain requirements. The House
did not include similar language.
Includes language proposed by the Senate to amend the
Housing and Community Development Act of 1987 to expand the
applicability of certain damages and remedies to include FHA-
insured health care facilities. The House did not include
similar language.
Includes language as proposed by the Senate to amend the
National Housing Act to make certain changes to the Asset
Control Area program. The House did not include similar
language.
Includes language proposed by the Senate to amend the
National Housing Act to make a technical correction to premium
requirements for rehabilitation loans. The House did not
include similar language.
Includes language proposed by the Senate to limit
repayment of certain upfront premiums. The House did not
include similar language.
Does not include language under Administrative Provisions
as proposed by the Senate related to allocation of funds under
the Partnership for Advancing Technology in Housing (PATH) but
instead has addressed this matter under the Policy Development
and Research account elsewhere in this title. The House did not
include similar language.
Does not include language under Administrative Provisions
as proposed by the Senate making technical corrections
regarding the transfer of funds from the old Housing for
Special Populations account, but instead has addressed this
matter within the Housing for the Elderly and Housing for
Persons with Disabilities accounts as proposed by the House.
Does not include bill language proposed by the Senate to
limit the expenditure of housing funds on partisan election
activities. The House did not include similar language. The
conferees agree that no funds provided to the Department can be
used by public housing authorities for partisan political
activities.
Includes modified language, similar to language proposed
by the Senate, regarding the treatment of athletic scholarships
for purposes of determining eligibility for college students to
receive subsidized rental assistance. The House did not include
similar language.
Includes language as proposed by the Senate regarding the
allocation of Native American Housing Block Grant funding among
Native Alaskan recipients. The House did not include similar
language.
Does not include language proposed by the Senate to allow
public housing authorities to convert up to 50 percent of their
section 8 voucher funding to project-based assistance. The
House did not include similar language.
Does not include language proposed by the Senate to
authorize the Secretary to transfer project-based assistance,
debt, and income restrictions, notwithstanding current
statutory prohibitions on such transfers. The House did not
include similar language.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
Appropriates $41,100,000 for salaries and expenses as
proposed by the House instead of $46,100,000 as proposed by the
Senate.
In addition, the conference agreement includes a separate
appropriation of $12,000,000 for the Commission's foreign
currency fluctuations account to address declines in exchange
rates instead of $9,000,000 as proposed by the House. The
Senate proposed to address these changes within the salaries
and expenses account.
The conferees concur with the concerns expressed in the
Senate report regarding the failure of the Office of Management
and Budget (OMB) to address adequately foreign currency rate
fluctuations for the Commission in its original budget
submission or through a budget amendment. The conferees are
concerned that the current OMB methodology for addressing
fluctuations does not adequately address the impact of the
volatility of such changes to smaller agencies such as the
Commission. Therefore the conferees request that the Government
Accountability Office review the past and current methodology
used by OMB and the Commission and recommend changes if
warranted to improve such estimates.
While the conference agreement has not included bill
language proposed by the Senate, the conference agreement
includes $9,100,000 for the Normandy Interpretive Center. The
conferees understand that exchange rate fluctuations may impact
construction costs for the Center and expect the Commission's
fiscal year 2006 budget request to include the necessary funds
to accommodate such changes.
Language is included as proposed by the House allowing
not to exceed $7,500 for official reception and representation
expenses. The Senate did not include similar language.
The conferees reiterate the direction in the House report
regarding an annual report on the financial position of the
World War II Memorial Fund.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
Appropriates $12,000,000 to re-capitalize the
Commission's foreign currency fluctuations account, instead of
$9,000,000 as proposed by the House. The Senate addressed this
matter under the salaries and expenses account. The conference
agreement reflects the latest estimate necessary to maintain
Commission operations and activities based on current exchange
rates.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
Appropriates $9,100,000 instead of $9,451,000 as proposed
by the House and $9,000,000 as proposed by the Senate. The
amount proposed by the Senate had included $400,000 for
emergency funds. The conference agreement provides emergency
funds as a separate account as proposed by the House, which is
consistent with the fiscal year 2004 bill.
EMERGENCY FUND
Provides $400,000 for an Emergency Fund as proposed by
the House. The Senate had proposed a set-aside of $400,000 as
emergency funds in the salaries and expenses account.
Department of the Treasury
Community Development Financial Institutions
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
Appropriates $55,522,000 for the community development
financial institutions fund program account, instead of
$55,000,000 as proposed by the Senate and $60,640,000 as
proposed by the House.
Includes $4,000,000 for technical assistance designed to
benefit Native American communities as proposed by both the
House and Senate.
Provides that up to $14,900,000 to be used for
administrative expenses as proposed by the Senate instead of
$15,321,000 as proposed by the House.
Provides for a cost limitation on direct loans of
$6,000,000 with $250,000 for administrative expenses as
proposed by both the House and Senate.
Provides for a limitation on the amount of direct loans
of $11,000,000 as proposed by both the House and Senate.
The conferees are in agreement that the Bank Enterprise
Award program should be continued at not less than $10,000,000
in fiscal year 2005.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriates $62,650,000 as proposed by the House and the
Senate. The conferees urge the CPSC to expand its relationship
with the Home Safety Council and its Great Safety Adventure
Program.
Corporation for National and Community Service
The conference agreement appropriates $577,884,000 for
the Corporation for National and Community Service. The House
had proposed $572,000,000 and the Senate had proposed
$590,061,000.
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $545,884,000 for the Corporation
for National and Community Service operating expenses,
including the Trust. The House proposed $541,000,000 for
operating expenses and the Senate proposed $558,311,000. The
agreement provides $290,000,000 for AmeriCorps State and
National grants (authorized under subtitle C) and education
awards only grants (authorized under subtitle H), plus an
additional $144,000,000 for the Trust, as proposed by the
House. The Senate had proposed $291,933,000 for AmeriCorps
grants and $150,500,000 for the Trust. Within amounts provided
for the Trust, $3,900,000 is for President's Freedom
Scholarships and $13,000,000 is to be held in reserve. Within
the amount provided for AmeriCorps State and National grants,
the conferees have provided up to $55,000,000 for national
direct grants, as proposed by the Senate. The total funding
level for AmeriCorps grants and the Trust will support 70,000
new volunteers.
The agreement includes language proposed by the Senate
which prohibits funds provided for quality and innovation
activities to be used for salaries and related expenses
attributable to Corporation employees. The conferees include
bill language proposed by the House allowing up to one percent
of grant funds to be used to defray the cost of conducting
grant reviews. The conferees direct the Corporation to provide
an estimate of the funds that would be used for this purpose in
its fiscal year 2005 operating plan. The agreement also
includes language proposed by the Senate regarding matching
funds and in-kind contributions.
The conference agreement includes the following program
levels:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Learn and Serve................................................. $40,000,000 $43,000,000 $43,000,000
National Civilian Community Corps............................... 25,500,000 26,000,000 25,500,000
Innovation and Demonstration.................................... 12,000,000 16,328,000 13,334,000
Evaluation...................................................... 3,000,000 3,550,000 3,550,000
State Commissions............................................... 12,000,000 12,000,000 12,000,000
Points of Light Foundation...................................... 9,700,000 10,000,000 10,000,000
America's Promise............................................... 4,800,000 5,000,000 4,500,000
----------------------------------------------------------------------------------------------------------------
The conferees direct that the increase provided for
National Civilian Community Corps (NCCC) be used to address its
most critical capital improvement needs at NCCC facilities.
The agreement reiterates the direction by the Senate that
the Corporation report to the Committees on the impact of the
two-term limitation on service. This report is to be submitted
to the Committees no later than February 4, 2005.
The conferees provide $13,334,000 for subtitle H grants,
innovation, demonstration and assistance activities, with the
funding distribution as follows: $4,000,000 for challenge
grants; $1,500,000 for next generation grants; $600,000 for MLK
day grants; $725,000 for the Service Learning Clearinghouse and
Exchange; $2,000,000 for TA; and $4,509,000 for disability
programs. The House proposed $12,000,000 for subtitle H
activities and the Senate proposed $16,328,000.
The agreement modifies language proposed by the Senate
directing the Corporation to comply with challenge grant
requirements in the FY 2003 conference report by directing the
Corporation also to allow past grant recipients to compete for
challenge grants in FY 2005.
The conference agreement provides $3,550,000 for audits
and evaluations, as proposed by the Senate. The House had
proposed $3,000,000 for these activities. Audit and evaluation
funds are to be distributed as follows (identical to the
distribution proposed by the Senate): $1,200,000 for
performance measures; $1,000,000 for a longitudinal study of
volunteers; $100,000 for national partners; $150,000 for data
archives; $150,000 for indicator archives; $450,000 for a
capacity study; and $500,000 to continue a National Academy of
Public Administration study on the Corporation's leadership,
operations and management.
The conferees have included bill language, identical to
language that has been included in previous conference reports
and proposed by the Senate, regarding Federal costs per
participant and certain requirements for funds provided under
subtitle C.
The agreement includes Senate language directing the
Corporation to list in its budget justification recipients that
have received more than $500,000 and the amount and source of
other Federal and non-federal funds received by each recipient.
SALARIES AND EXPENSES
Appropriates $26,000,000 for salaries and expenses
associated with the administrative activities of the
Corporation. The House had proposed $25,000,000 for this
account, and the Senate had proposed $25,500,000. The funding
increase provided in this account is to be directed to ongoing
personnel compensation and benefits needs and should not
augment the current level of marketing and outreach activities.
OFFICE OF INSPECTOR GENERAL
Appropriates $6,000,000 for Office of Inspector General,
as proposed by the House instead of $6,250,000 as proposed by
the Senate. The conferees direct the Inspector General to
continue to review the Corporation's management of the National
Service Trust.
ADMINISTRATIVE PROVISIONS
The conference agreement continues a number of
administrative provisions carried in the fiscal year 2004
appropriations Act and proposed by both the House and the
Senate, including: (1) language regarding qualified student
loans eligible for education awards; (2) language regarding the
availability of funds for the placement of volunteers with
disabilities; and (3) language directing the Inspector General
to levy sanctions in accordance with standard Inspector General
audit resolution procedures, which include, but are not limited
to, debarment of any grantee found to be in violation of
AmeriCorps' program requirements, including using grant or
program funds to lobby the Congress. In addition, the
conference agreement continues an administrative provision
proposed by the Senate and carried in the fiscal year 2004
appropriations Act, which requires the Corporation to ensure
that significant changes to program requirements or policy are
made only through public notice and comment rulemaking. The
agreement also includes a provision carried in the fiscal year
2004 appropriations Act and proposed by the Senate prohibiting
an officer or employee of the Corporation from disclosing any
grant selection information to any person not authorized to
receive such information.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
Appropriates $17,250,000 for salaries and expenses
instead of $17,623,000 as proposed by the Senate and
$16,725,000 as proposed by the House. Both the House and the
Senate provided $1,100,000 for the pro bono program.
The conferees are in agreement that the Court shall work
with the General Services Administration (GSA) on a feasibility
study to evaluate the Court's space needs and the options to
meet those needs. The results of this feasibility study shall
be provided to the Committees on Appropriations of the House
and Senate. The Court is authorized only to enter into
agreement with GSA for a feasibility study and is specifically
prohibited from undertaking a Program Development Study or any
other action beyond the feasibility study at this time. The
Committees on Appropriations will address the need for follow-
on studies and possible construction milestones in future
legislation and reports.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
Appropriates $29,600,000 for salaries and expenses as
proposed by the House and Senate. The conferees reiterate the
direction included in the House report regarding the Cemetery's
automation project with the report due no later than December
15, 2004, and request that such plan be updated in the fiscal
year 2006 budget submission.
Department of Health and Human Services
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
Appropriates $80,486,000 as proposed by the House and the
Senate.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
Appropriates $76,654,000 for toxic substances and
environmental public health as proposed by both the House and
Senate.
Environmental Protection Agency
The conference agreement includes $8,088,189,000 for
programs administered by the Environmental Protection Agency.
This is an increase of $335,120,000 above the amount provided
in the House bill and $412,219,000 below the level in the
Senate bill.
The conferees direct EPA to round all programs to the
nearest thousand dollar in the budget submission for fiscal
year 2006.
SCIENCE AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriates $750,061,000 for science and technology
instead of $729,029,000 as proposed by the House and
$758,179,000 as proposed by the Senate. Additional resources of
$36,097,000 are transferred to this account from the Hazardous
Substance Superfund for a total resource level of $786,158,000
for Science and Technology.
The conferees have agreed to specific Agency program
levels as follows:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Arsenic Removal Research........................................ $4,274,000 $10,000,000 $8,274,000
Building Decon. Research........................................ 4,000,000 0 0
Clean Air Allowance Trading Prog................................ 4,750,000 9,000,000 9,000,000
Fed. Vehicle and Fuels Standards................................ 58,000,000 63,000,000 58,000,000
Indoor Air: Radon Program....................................... 399,000 0 399,000
Indoor Air: Schools and Workplace............................... 906,000 0 850,000
Pesticides: Registration of New Pest............................ 2,403,000 2,265,000 2,403,000
Pesticides: Review/Reregistration............................... 2,417,000 2,370,000 2,417,000
Research: Air Toxics............................................ 17,639,000 17,000,000 17,000,000
Research: Computational Toxicology.............................. 13,029,000 11,805,000 11,805,000
Research: Drinking Water........................................ 44,500,000 46,118,000 44,500,000
Research: Endocrine Disruptor................................... 10,887,000 10,000,000 10,000,000
Research: Global Change......................................... 20,690,000 20,000,000 20,000,000
Research: Human Health and Eco.................................. 177,408,000 170,000,000 177,408,000
Research: Land Protection and Restoration....................... 8,842,000 9,000,000 9,000,000
Research: Particulate Matter.................................... 59,000,000 62,000,000 61,000,000
Research: Troposphere Ozone..................................... 4,901,000 4,000,000 4,000,000
Research: Water Quality......................................... 45,000,000 46,810,000 45,000,000
----------------------------------------------------------------------------------------------------------------
The conferees have agreed to the following increases
above the budget request:
1. $2,450,000 for EPSCoR;
2. $3,900,000 for the Water Environmental Research
Foundation;
3. $4,900,000 for the American Water Works
Association Research Foundation;
4. $1,950,000 for the National Decentralized Water
Resource Capacity Development Project, in coordination
with EPA, for continued training and research and
development program;
5. $1,000,000 to the Florida Department of Citrus
to provide for the manufacture of an adequate amount of
abscission chemical compound for testing and to provide
for any comprehensive environmental and toxicological
studies and other relevant research required by the
Federal Government in order to register this product
for use as an abscission chemical agent for citrus;
6. $1,500,000 for the Mickey Leland National Urban
Air Toxics Research Center in Houston, Texas;
7. $1,500,000 for the clean automotive technology
program for advanced diesel, hybrid, and high
efficiency, low emission vehicle development;
8. $500,000 for the Consortium for Plant
Biotechnology Research;
9. $500,000 for the New England Green Chemistry
Consortium;
10. $200,000 to the Arkansas State University in
Jonesboro, Arkansas for the Delta Center for water
quality;
11. $150,000 to the University of Arkansas for
environmental resource management to develop watershed
technologies and management tools;
12. $350,000 to the University of California
Riverside for the Center for Environmental Research and
Technology in Riverside, California.
13. $200,000 to Florida International University
for Research activities in the greater Everglades in
Miami, Florida;
14. $250,000 for the Florida Gulf Coast University
for the Novel Early Detection and Detoxification
Technologies for Toxic Red Tide in Fort Myers, Florida;
15. $200,000 for New College, Florida for
ecotoxicology training;
16. $750,000 for the University of South Florida
Study, Protection and Amelioration of Coastal
Environments;
17. $200,000 for the management of waste from
navigating vessels in U.S. tidal waters;
18. $250,000 for the Iowa Foundation for Education
Administration for the Bus Emissions Education Program;
19. $100,000 to the Metropolitan Mayors Caucus for
the Clean Air Counts Campaign in Chicago land
Metropolitan Area, Illinois;
20. $1,000,000 for the Karmanos Cancer Institute to
create a National Center for Vermiculite-Related
Cancers in the Detroit metropolitan area;
21. $400,000 to the Lawerence Technology University
for sustainable alternative energy technologies Green
Building in Southfield, Michigan;
22. $750,000 to the National Center for
Manufacturing Sciences for Life Cycle Analysis in Ann
Arbor, Michigan;
23. $1,250,000 to the National Center for
Manufacturing Sciences for the sustainable produce
initiative in Ann Arbor, Michigan;
24. $200,000 to Green Hills Regional Planning in
Princeton, Missouri for the Biomass Processing System;
25. $150,000 for the University of Nebraska for the
Nebraska Water Resources Model in Lincoln, Nebraska;
26. $250,000 to Ramapo College in Mahwah, New
Jersey for a new Sustainability Education Center;
27. $150,000 to the State University of New York at
Brockport for the Center of Excellence for Great Lakes
Research;
28. $450,000 to the State University of New York
Environmental School of Forestry for research and
demonstration of contaminant mitigation strategies for
rural/suburban run-off affecting water quality along
the rural-urban interface in Central New York
watersheds;
29. $500,000 to the Center for Environmental
Information in Rochester, New York for continued
research, planning and environmental remediation for
the Lake Ontario Coastal Initiative;
30. $7,000,000 for the Environmental Systems Center
of Excellence at Syracuse University for research and
technology transfer in the fields of indoor
environmental quality and urban ecosystems
sustainability;
31. $750,000 to the Syracuse Research Corporation
in Syracuse, New York for a Microbial Risk Assessment
Center;
32. $1,500,000 to Onondaga County's Metropolitan
Water Board for a demonstration project to determine
the feasibility of bringing naturally chilled water
from Lake Ontario to Onondaga and Oswego County;
33. $300,000 to the State University of New York
Environmental School of Forestry for training,
education and research related to the Summer Eco-
Science Camp Initiative;
34. $500,000 to Alfred University, New York for the
Center for Environmental and Energy Research;
35. $575,000 to Orbital Research Inc., Fuel
Efficient Diesel Sensor for Advanced Vehicle Emission
Reduction (FED-SAVER), for research that may reduce
fuel consumption and will help diesel engines meet EPA
standards, Ohio;
36. $600,000 to the Ohio Air Quality Development
Authority/Ohio Coal Development Office for research and
development of the Jupiter Oxy-Fuel Technology, Ohio;
37. $650,000 to the University of Toledo for the
Lake Erie Center in Toledo, Ohio;
38. $250,000 to the University of Tulsa, University
of Oklahoma, University of Arkansas, and Oklahoma State
University for the Integrated Petroleum Environmental
Consortium;
39. $100,000 for the Oregon Department of Human
Services for the View Master Water Contamination Study
in Washington County, Oregon;
40. $225,000 for California University of
Pennsylvania for the Monongahela Valley River Research
Project in California, Pennsylvania;
41. $200,000 to the Middle Tennessee State
University for research in Development and Transmission
of Emerging Diseases;
42. $500,000 for the University of Houston, Texas
for the GulfStar Grid Program in Houston, Texas;
43. $1,700,000 for the Canaan Valley Institute to
continue to develop a regional sustainability support
center and coordinated information system in the Mid-
Atlantic Highlands;
44. $1,000,000 for the Canaan Valley Institute in
close coordination with the ORD Restoration Plus
program to demonstrate, validate and report on critical
ecological hubs and corridors within the Mid-Atlantic
Highlands and approaches to Highlands ecological
prioritization, restoration and conservation Research
and educational tools are to be developed using
integrative technologies to predict future
environmental risks and supportinformed, proactive
decision-making to be undertaken in conjunction with the Highlands
Action Program;
45. $650,000 to the Polymer Alliance Zone's MARCEE
Initiative with oversight provided by the Office of
Solid Waste;
46. $250,000 for Carnegie Mellon University's
Sustainable Oxidation Chemistry Clean Water Project;
47. $500,000 for Utah State University to continue
monitoring and assessment activities related to
freshwater ecosystems;
48. $2,100,000 for the Mine Waste Technology
program at the National Environmental Waste Technology,
Testing, and Evaluation Center;
49. $400,000 to enhance and improve EPA's Tribal
Portal program, and to implement this program on a
nationwide basis;
50. $750,000 for the Environmental Lung Disease
Center at the National Jewish Medical Center;
51. $500,000 for the University of Maine-Orono to
develop Source Water Warning and Analysis Technology;
52. $1,500,000 for Boise State University to
continue research on multi-purpose sensors to detect
and analyze contaminants and time-lapse imaging of
shallow subsurface fluid flow;
53. $500,000 for the North Carolina State
University Turfgrass Research Center;
54. $2,000,000 for the National Environmental
Respiratory Center at the Lovelace Respiratory Research
Institute in New Mexico;
55. $1,000,000 for the Desert Research Institute
for western Nevada regionally-based clean water
activities;
56. $1,000,000 for the University of Tennessee at
Knoxville Natural Resources Policy Center;
57. $1,000,000 for the University of Louisville/
Illinois Waste Management and Research Center;
58. $750,000 for the Integrated Petroleum
Environmental Consortium [IPEC];
59. $1,000,000 for the water and wastewater
training program at the Alabama Department of
Environmental Management;
60. $1,000,000 for the Center for Estuarine
Research at the University of South Alabama;
61. $425,000 for the Connecticut River Airshed-
Watershed Consortium;
62. $425,000 for the Center for the Study of Metals
in the Environment;
63. $900,000 for the Center for Air Toxic Metals at
the Energy and Environmental Research Center;
64. $700,000 for Clean Air Counts of Northeastern
Illinois to develop an innovative and cost effective
method to reduce smog-causing emissions in the Chicago
metropolitan region--the funding will provide support
for an ongoing partnership involving EPA, the
Metropolitan Mayors Caucus, Illinois EPA, and the Delta
Institute;
65. $200,000 for acid rain research at the
University of Vermont;
66. $200,000 for the University of Vermont's
Proctor Maple Research Center to continue mercury
deposition monitoring effects;
67. $500,000 for the University of Vermont's Aiken
Center Greening Initiative;
68. $700,000 for Families in Search of the Truth to
investigate the incidence of cancer in Fallon, Nevada;
69. $500,000 for the demonstration of an integrated
approach to perchlorate remediation and treatment in
the City of Rialto, California;
70. $200,000 for the Central California Ozone
Study;
71. $700,000 for Southeastern Louisiana University
for the Turtle Cove research station;
72. $200,000 for the State of New Jersey's Smart
Growth Initiative;
73. $200,000 for ecology research at Fordham
University;
74. $200,000 for expansion of the Roots and Shoots
program headquartered at Western Connecticut State
University;
75. $200,000 for water resource modeling at the
University of Nebraska-Lincoln;
76. $1,500,000 for the Healy Zero Air Emission
Technology;
77. $1,000,000 for the Donald Danforth Plant
Science Center in St. Louis, Missouri for a Parasitic
Nematodes Controls research project designed to reduce
pesticide use; and
78. $1,000,000 to the Missouri Pork Producers
Federation for development of technology and creation
of Innoventor process to decrease environmental impacts
of animal waste by conversion into energy sources.
The conferees have included bill language to authorize
$1,000,000 to be transferred from EPA to the Council on
Environmental Quality for an environmental study.
The conferees direct EPA to fund the fellowship programs
including the STAR fellowships at as close as possible to the
fiscal year 2004 level.
The conferees direct EPA to continue its technology
transfer activities initially funded in fiscal year 2000 at not
less than the current level of support and that those
activities be carried out through the West Virginia High
Technology Consortium Foundation.
The conferees agree that funding provided under this
heading in H. Report 108-401 for project #57 should be
redirected to the Montana Physical Sciences Foundation to
research pilot scale enzyme catalyzed processes.
There is no general reduction to this account.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
Appropriates $2,313,409,000 for environmental programs
and management instead of $2,241,476,000 as proposed by the
House and $2,310,263,000 as proposed by the Senate.
The conference agreement does not include the language
proposed by the House to make funds available for Public Law
108-199 to carry out paragraph (c)(12) of section 118 of the
Federal Water Pollution Control Act, to remain available until
September 30, 2007.
The conferees have agreed to specific Agency program
levels as follows:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Alternative Dispute Resolution.................................. $1,015,000 $937,000 $937,000
Brownfields..................................................... 23,000,000 25,000,000 25,000,000
Climate Protection Program...................................... 91,961,000 90,849,000 90,849,000
Commission for Environmental Coop............................... 3,949,000 3,881,000 3,881,000
Compliance Assistance and Centers............................... 27,759,000 37,000,000 27,759,000
Compliance Incentives........................................... 9,195,000 9,035,000 9,035,000
Congressional, Intergovernmental................................ 48,366,000 46,415,000 46,415,000
Criminal Enforcement............................................ 31,370,000 54,450,000 39,370,000
Drinking Water Programs......................................... 94,000,000 95,000,000 94,000,000
Enforcement Training............................................ 3,302,000 6,000,000 3,302,000
Environment and Trade........................................... 1,723,000 1,616,000 1,616,000
Environmental Education......................................... 9,200,000 5,000,000 9,000,000
Environmental Justice........................................... 5,900,000 4,231,000 5,900,000
Exchange Network................................................ 22,000,000 23,000,000 22,000,000
Facilities Infrastructure and Ops............................... 308,000,000 309,000,000 317,955,000
Fed. Support for Air Quality Manage............................. 87,000,000 90,000,000 87,000,000
Federal Stationary Source Regs.................................. 24,302,000 21,944,000 21,944,000
Financial Assistance Grants/IAG................................. 20,000,000 20,329,000 20,000,000
Geographic Program: Chesapeake B................................ 20,817,000 22,817,000 22,817,000
Geographic Program: Great Lakes................................. 19,000,000 19,500,000 21,195,000
Geographic Program: Long Island S............................... 2,300,000 2,300,000 2,300,000
Geographic Program: Other....................................... 6,790,000 6,069,000 6,790,000
Great Lakes Legacy Act.......................................... 10,000,000 25,000,000 22,500,000
Human Resources Management...................................... 40,000,000 39,109,000 39,109,000
Indoor Air: Asthma Program...................................... 11,197,000 9,999,000 11,197,000
Indoor Air: Environment Tobacco................................. 3,695,000 3,030,000 3,030,000
Indoor Air: Radon Program....................................... 5,667,000 5,073,000 5,073,000
Indoor Air: Schools and Workplace............................... 10,352,000 9,425,000 9,425,000
International Capacity Building................................. 6,854,000 5,500,000 5,500,000
IT/Data Management.............................................. 103,000,000 105,000,000 105,000,000
Legal Advice: Environmental Program............................. 34,679,000 34,404,000 34,404,000
Legal Advice: Support Program................................... 12,522,000 12,370,000 12,370,000
Marine Pollution................................................ 12,296,000 11,779,000 11,779,000
National Estuary Program/Coastal................................ 25,000,000 20,000,000 25,000,000
NEPA Implementation............................................. 12,654,000 12,136,000 12,136,000
Pesticides: Field Programs...................................... 27,186,000 25,217,000 25,217,000
Pesticides: Registration for New Pesticides..................... 42,907,000 40,773,000 40,773,000
Pesticides: Review/Reregistration............................... 52,000,000 51,714,000 51,714,000
Pollution Prevention Program.................................... 17,000,000 16,822,000 16,822,000
POPS Implementation............................................. 2,235,000 2,147,000 2,235,000
Radiation: Protection........................................... 11,812,000 11,285,000 11,812,000
Radiation: Response Preparedness................................ 2,611,000 2,188,000 2,611,000
RCRA: Corrective Action......................................... 40,976,000 40,000,000 39,100,000
RCRA: Waste Management.......................................... 67,422,000 67,000,000 67,000,000
RCRA: Waste Minimization and Rec................................ 11,000,000 12,000,000 11,000,000
Regional Geographic Initiatives................................. 8,800,000 7,500,000 7,500,000
Regional Science and Technology................................. 3,626,000 3,368,000 3,368,000
Regulatory Innovation........................................... 18,000,000 17,338,000 17,338,000
Regulatory/Economic-Management.................................. 18,552,000 17,934,000 17,934,000
Science Advisory Board.......................................... 4,757,000 4,396,000 4,396,000
Science Policy and Biotechnology................................ 1,707,000 1,651,000 1,651,000
Small Business Ombudsman........................................ 3,839,000 3,742,000 3,742,000
Stratospheric Ozone: Domestic Prog.............................. 5,840,000 5,000,000 5,000,000
Stratospheric Ozone: Multilateral............................... 11,000,000 10,000,000 10,000,000
Surface Water Protection........................................ 188,000,000 185,000,000 188,000,000
Toxic Substances: Chemical Risk Management...................... 9,514,000 9,252,000 9,252,000
Toxic Substances: Chemical Risk Reduction....................... 45,879,000 44,454,000 44,454,000
Toxic Substances: Lead Risk Reduc............................... 14,800,000 11,083,000 11,083,000
TRI/Right to Know............................................... 15,941,000 14,670,000 14,670,000
----------------------------------------------------------------------------------------------------------------
There is no general reduction to this account.
The conferees have agreed to the following increases to
the budget request:
1. 8,000,000 for the criminal enforcement;
2. 2,000,000 for EPA Region 10 for environmental
compliance;
3. $18,375,000 for rural water technical assistance
activities and groundwater protection with distribution
as follows: $9,800,000 for the National Rural Water
Association; $3,900,000 for Rural Community Assistance
program, to be divided equally between assistance for
water programs and assistance for wastewater programs;
$735,000 for Ground Water Protection Council;
$1,960,000 for Small Flows Clearinghouse; $980,000 for
the National Environmental Training Center; and
$1,000,000 for the Water Systems Council Wellcare
Program.
4. $980,000 for the National Biosolids Partnership
Program;
5. $2,000,000 for source water protection programs;
6. $2,940,000 for EPA's National Computing Center
to provide for the remote mirroring of all critical
information and related systems to achieve a Continuity
of Operations (COOP)/Disaster Recovery capability.
7. $5,000,000 for America's Clean Water Foundation
for implementation of on-farm environmental assessments
for livestock operations;
8. $5,000,000 to support a demonstration project
for deployment of idle reduction technology including
advanced truck stop electrification, as part of the
Agency's Smartway Transport Program.
9. $1,000,000 for the Lake Pontchartrain Basin
Restoration Program for a total of $2,000,000;
10. $200,000 for the Northeast States for
Coordinated Air Use Management [NESCAUM];
11. $200,000 for the Northeast Waste Management
Officials Association [NEWMOA];
12. $1,540,000 for the Lake Champlain Basin
program, for a total of $2,500,000;
13. $1,823,000 for the Long Island Sound program,
for a total of $2,300,000;
14. $2,000,000 for Chesapeake Bay small watershed
grants. The Committee expects that the funds provided
for this program, managed by the Fish and Wildlife
Foundation, shall be used for community-based projects
including those that design and implement on the ground
and in the water environmental restoration or
protection activities to help meet Chesapeake Bay
program goals and objectives. This will result in a
total of $22,817,000 available in fiscal year 2005 for
the Chesapeake Bay program.
15. $1,000,000 to the Environmental Monitoring and
Assessment Program within the State of Alaska;
16. $100,000 to the Salton Sea Authority in Salton
Sea, California for air quality mitigation projects;
17. $250,000 to Calleguas Municipal Water for the
Calleguas Creek Watershed Management Plan
Implementation in Ventura County, California;
18. $100,000 to the University of Redlands in
California for the Salton Sea Database;
19. $300,000 for the City of Highland, California
for developing and implementing displays and exhibits
for the City of Highland Environmental Learning Center;
20. $200,000 for the Operation Clean Air Advocates,
Inc. in San Joaquin Valley, California for Operation
Clean Air;
21. $100,000 for the California State University-
Fullerton, California for the National Center for Water
Hazard Mitigation;
22. $175,000 to the Central California Ozone Study;
23. $100,000 to the University of Connecticut
Health Center to implement a model asthma intervention
program for the State of Connecticut;
24. $250,000 to the University of North Florida for
the Real-Time Regional Environmental Modeling in
Jacksonville, Florida;
25. $900,000 to Osceola County, Florida for
abatement and prevention of hydrilla and hygophila;
26. $150,000 to the Spokane Region Chamber of
Commerce for the Rathdrum Prairie/Spokane Valley
Aquifer Study in Spokane County, Idaho;
27. $1,700,000 to Boise State University for
research projects aimed at developing and demonstrating
multi-purpose sensors to detect and analyze
contaminants and time-lapse imaging of shallow
subsurface fluid flow;
28. $300,000 for the Selenium Information System
Project at the Idaho National Engineering and
Environmental Laboratory;
29. $100,000 to the City of Rexburg, Idaho for the
Teton River Mill Site Redevelopment and Learning
Project;
30. $150,000 to the City of Chicago, Illinois for
the Beach Contamination Identification/Elimination
Study;
31. $100,000 for PRIDE in the 2nd District of
Kentucky for PRIDE in the Heartland of Kentucky;
32. $500,000 to the Olmsted Parks Conservancy in
Louisville, Kentucky to remove invasive species and
correct erosion in Cherokee and Seneca Parks;
33. $1,000,000 to the Olmsted Parks Conservancy in
Louisville, Kentucky to correct riverbank erosion in
Chickasaw Park;
34. $550,000 to the Olmsted Parks Conservancy in
Louisville, Kentucky to correct erosion in Iroquois
Park;
35. $850,000 to the Louisville Waterfront
Development Corporation, Kentucky for anti-erosion
strategies;
36. $200,000 to the Louisiana State University in
Shreveport, Louisiana for the Red River Watershed
Management Institute;
37. $100,000 to Prince George's County, Maryland
for the Low Impact Development demonstration project in
the Anacostia River Watershed;
38. $100,000 to Wayne County, Michigan for the Lead
Prevention Initiative;
39. $100,000 to Wayne County, Michigan for the lead
prevention initiative;
40. $200,000 for the Michigan Biotechnology
Institute in East Lansing, Michigan for the Michigan
Biotechnology Institute International's Nanocomposite
Surfaces;
41. $100,000 to the New Hampshire Department of
Environmental Services to develop a statewide water
resources management plan;
42. $250,000 to the Ten Towns Great Swamp Watershed
Management Committee in New Jersey for a water quality
monitoring program in the Great Swamp National Refuge;
43. $100,000 to Monmouth University for the Coastal
Watershed Program in West Long Branch, New Jersey;
44. $150,000 for Monmouth University for the Center
for Coastal Watershed Management in West Long Beach,
New Jersey;
45. $200,000 to Madison County, New York for the
Landfill Gas to Electricity Project;
46. $250,000 for the New York University in Bronx,
New York for health disparity studies;
47. $1,500,000 for continued work on water
management plans for the Central New York Watersheds in
Onondaga and Cayuga counties;
48. $750,000 to Cortland County, New York for
continued work on the aquifer protection plan, of which
$350,000 is for continued implementation of the
comprehensive water quality management program in the
Upper Susquehanna Watershed;
49. $250,000 to Wayne County, New York for
continued work on a county-wide lakeshore embankments
resource preservation and watershed enhancement plan;
50. $300,000 for the NADO (National Association of
Development Organizations) Research Foundation for
environmental training and information dissemination
related to rural brownfields, air quality standards and
water infrastructure;
51. $200,000 to the Ohio River Valley Water
Sanitation Commission for the Ohio River Watershed
Pollutant Reduction Program;
52. $250,000 to Lake Erie Coastal Ohio for
planning, research, and analysis of coastal Lake Erie
community, environmental, and educational efforts;
53. $200,000 to the Oklahoma State University, the
University of Oklahoma, the University of Tulsa, and
the University of Arkansas for the Integrated Petroleum
Environmental Consortium in Tulsa, Oklahoma;
54. $1,500,000 to the American Cities Foundation
(ACF) for the Neighborhood Environmental Action Team
program and other community environmental efforts;
55. $700,000 to Caribbean American Mission for
Education Research and Action, Inc. (CAMERA), to
support a youth environmental stewardship program in
Bala Cynwyd, Pennsylvania;
56. $700,000 to the Environment and Sports Inc., of
Philadelphia to continue support of an environmental
awareness program in Philadelphia, Pennsylvania;
57. $350,000 for the Concurrent Technologies Corp
for the Small Partner Environmental Information
Exchange Network;
58. $100,000 to Cabrini College in Radnor,
Pennsylvania for the Center for Science Education and
Technology;
59. $100,000 to the University of Memphis for
Environmental Programs Hazard Management in Memphis,
Tennessee;
60. $250,000 to the Tarrant County Watershed
District in Tarrant County, Texas to develop and
implement an integrated watershed protection plan;
61. $750,000 to the University of Texas at Austin
for environmental resource management and technical
assistance activities for the Rio Bravo-Rio Grande
Physical Assessment Program;
62. $250,000 to the University of North Texas for
the Texas Institute for Environmental Assessment and
Management;
63. $200,000 to the City of Lubbock, Texas for a
comprehensive study to address regional water and
wastewater concerns;
64. $75,000 to the Brazos River Authority for the
Brazos/Navasota Watershed Management Project in Texas;
65. $200,000 to the Puget Sound Action Team of Hood
Canal, Washington for the Hood Canal Depleted Oxygen
Study;
66. $100,000 for the Spokane Regional Chamber of
Commerce for the Spokane Valley/Rathdrum Prairie
Aquifer Study;
67. $200,000 to the Upper Kanawha Valley Enterprise
Community for the Shrewsbury Riverbank Erosion Project
in Shewsbury, West Virginia;
68. $2,000,000 for on-going activities at the
Canaan Valley Institute, including activities relating
to community sustainability;
69. $1,500,000 to support and implement the
Highlands Action Program (HAP) of the Agency,
including, but not limited to, federal personnel and
related costs;
70. $150,000 for Marshall University, Center for
Environmental, Geotechnical and Applied Sciences for
Environmental Management Incubator in Huntington, West
Virginia;
71. $200,000 to the City of Cedarburg, Wisconsin
for ongoing surface water treatment and general
environmental remediation of Cedar Creek;
72. $4,000,000 for the Small Public Water System
Technology Centers at Western Kentucky University, the
University of New Hampshire, the University of Alaska-
Sitka, Pennsylvania State University, the University of
Missouri-Columbia, Montana State University, the
University of Illinois, and Mississippi State
University;
73. $500,000 for the City of Boulder's
Sustainability Center;
74. $300,000 for the State Review of Oil and
Natural Gas Environmental Regulations [STRONGER]
program;
75. $200,000 for the Utah Watershed Coordinator's
Council;
76. $250,000 for the City of Covington Riverfront
Planning Project in Covington, Kentucky;
77. $600,000 for the University of Southern
Mississippi's Gulf of Mexico program to evaluate
bacterial source tracking in three Gulf Coast
watersheds;
78. $350,000 for the Greater Houston Partnership/
Houston Advanced Research Center for an air quality
study;
79. $400,000 to the Baylor University for a Lake
Whitney comprehensive assessment;
80. $1,500,000 for the Rathdrum Prairie/Spokane
Valley Aquifer study with matching funds to be provided
by the State of Idaho and Washington;
81. $300,000 for the Selenium Information System
project at the Idaho National Engineering and
Environmental Laboratory;
82. $2,500,000 for the Southwest Center for
Environmental Research and Policy;
83. $500,000 for the Lake Tahoe Environmental
Improvement program;
84. $1,000,000 for the City of Maryville, Tennessee
to implement an environmental protection and education
project;
85. $250,000 for the Center for Environmental
Citizenship at Luther College in Decorah, Iowa;
86. $250,000 for a comprehensive storm and
irrigation-water management initiative for Orem, Utah;
87. $5,000,000 for the Oklahoma Department of
Environmental Quality for ongoing surface water
treatment and general environmental remediation in
collaboration with other involved state and Federal
entities of the effects of mine-waste tailings in the
Tar Creek and Spring Creek watersheds and area in
Ottawa County, Oklahoma;
88. $500,000 for the U.S.-Mexico Border
Environmental Protection program at the University of
Arizona;
89. $600,000 for the Western Kentucky University
Center for Wastewater Research;
90. $400,000 for the Green River Biological
Diversity Monitoring project at Western Kentucky
University;
91. $300,000 for Auburn University to develop a
Mobile Delta Initiative;
92. $750,000 for the City of Wilsonville, Oregon to
develop an innovative rainwater management system;
93. $500,000 for the Ozarks Environmental and Water
Resources Institute at Southwest Missouri State
University;
94. $750,000 for the Lake Pontchartrain Basin
Foundation for Lake Pontchartrain water quality
improvement;
95. $250,000 for the Maryland Bureau of Mines for
an acid mine drainage remediation project;
96. $1,000,000 for projects demonstrating the
benefits of Low Impact Development along the Anacostia
Watershed in Prince Georges County, Maryland, including
97. $500,000 for storm drains and trash traps;
98. $750,000 for the City of Waukesha, Wisconsin,
for a radium removal research and study project;
99. $250,000 for the Northwest Straits Commission
for Washington State University's beach watchers
program;
100. $500,000 for the Columbia Basin Groundwater
Management Area;
101. $300,000 for the Walker Lake Working Group in
Nevada for scientific, analytical, and other technical
assistance to evaluate solutions for the restoration of
Walker Lake;
102. $250,000 for the Friends of Old Maui School
and Community Work Day in Hawaii for environmental
assessments;
103. $350,000 for the County of Hawaii for the
Honomolino Irrigation Cooperative surface and ground
water project;
104. $250,000 for the Hawaii Nature Center East
Kauai watershed improvement initiative;
105. $500,000 for the Metropolitan Water District
of Southern California for a study of the effectiveness
of biological treatment for the removal of perchlorate
from groundwater;
106. $250,000 for the Fresno County Council of
Governments in California for a non-point source water
quality management program;
107. $500,000 for the Storm Lake, Iowa, water
quality project;
108. $250,000 for the Iowa Stormwater Runoff
Council for the development and implementation of
improved urban stormwater control practices;
109. $300,000 for the Vermont Department of
Agriculture Steven's Brook watershed project;
110. $250,000 for the City of Warwick, Rhode
Island, for design and engineering of the Potowomut
wastewater collection system;
111. $400,000 for the City of Las Vegas, New
Mexico, for a mechanical biological treatment
initiative;
112. $750,000 for the University of West Florida's
PERCH program;
113. $400,000 for the County of Ventura,
California, Calleguas Creek Watershed Management Plan;
114. $400,000 for a storm water research initiative
at the University of Vermont;
115. $700,000 for Plimoth Plantation in Plymouth,
Massachusetts, for environmental education initiatives;
116. $400,000 for the City of Norwalk, Connecticut,
for the FILTER project to prevent runoff into the Long
Island Sound;
117. $500,000 for the State of Nevada to replace or
retrofit school buses to lower emissions;
118. $250,000 for Chautauqua County, New York, for
a sewerage mapping project;
119. $400,000 for the Right Place in Grand Rapids,
Michigan, for the West Michigan Regional Sustainable
Manufacturing Initiative;
120. $400,000 for Deschutes County, Oregon, for the
Upper Deschutes River water quality and monitoring
program;
121. $200,000 for pollution prevention of Wreck
Pond and nearby beaches in Spring Lake, New Jersey;
122. $200,000 for the City of Vineland, New Jersey,
for the demonstration of an environmentally sound
disabled vehicle removal pilot project;
123. $400,000 for the King County, Washington,
molten fuel cell demonstration project;
124. $200,000 for the North Carolina Rural Economic
Development Center for a statewide water and wastewater
assessment;
125. $750,000 for continued research and watershed
activities at the Kenai River Center in Kenai, Alaska;
126. $375,000 for regional haze monitoring in the
State of Alaska;
127. $1,500,000 to the Environmental Resources
Coalition for the Southwest Missouri Water Resources
Assessment Project; and
128. $1,000,000 for the Missouri Department of
Natural Resources for the Low Sulfur Coal Emissions
Reduction Pilot Project.
The Conference has included $8,000,000 more than the
budget request for EPA Criminal Enforcement for a total of
$39,370,000 for FY05, an increase of a little more than
$8,000,000 above the 2004 level. The Conference believes that a
strong criminal enforcement program is essential to reducing
pollution and protecting public health. The Conference believes
that the EPA does not devote adequate resources to the program,
which has led to staffing declines and case backlogs. The
Conference directs EPA to submit to the House and Senate
Committees on Appropriations a plan to reduce case backlogs and
ensure adequate resources and staffing levels by March 15,
2005. In addition to this increase, the conference agreement
includes sufficient funds to maintain the level of staffing at
other enforcement activities throughout the agency at not less
than the fiscal year 2004 level.
The Conferees consider that a strong relationship between
EPA and the Department of Homeland Security (DHS) is critical
if the Nation is going to have a comprehensive and effective
plan for protecting our homeland. The conferees understand that
the EPA has negotiated two memorandums of understandings (MOUs)
with DHS. The first, between DHS and EPA's Office of Research
and Development, provides for joint research projects. The
second, between DHS and EPA's Office of Air and Radiation, is
designed to provide coordination and funding for field
operations of the biowatch monitoring network. Nevertheless,
the Conferees remain concerned that the Agency's
responsibilities as to homeland security are not well
articulated. Therefore, the Conferees direct EPA to enter into
a comprehensive MOU with DHS no later than August 1, 2005 that
will define the relationship and responsibilities of these
entities with regard to the protection and security of our
Nation. The Conferees expect the MOU to specifically identify
areas of responsibilities and the potential costs (including
which entity pays, in whole or part) for fully meeting such
responsibilities. EPA shall submit to the House and Senate
Committees on Appropriations a plan no later than September 15,
2005 that details how the agency will meet its responsibilities
under the MOU, including a staffing plan and budget.
The conference agreement provides the budget request of
$2,000,000 for the Water Information Sharing and Analysis
Center (Water ISAC) to gather, analyze, and disseminate
sensitive security information to water and wastewater systems.
The conferees direct that the Water ISAC shall be implemented
through a grant to the Association of Metropolitan Water
Agencies.
The conferees have, within available funds, provided
$2,000,000 for nine Environmental Finance Centers, the same as
for fiscal year 2004.
The conferees have provided the full budget request for
the Endocrine Disruptor Screening Program. The High Production
Volume (HPV) Chemical Challenge Program and the Voluntary
Children's Chemical Evaluation Program have been funded at the
fiscal year 2004 level and the conferees urge that no
reductions be proposed in the operating plan submission for
these important programs.
The conferees support EPA's promotion of environmental
management systems (EMSs), codes established by a variety of
industry sectors to ensure superior environmental performance,
and urge the agency to examine additional regulatory incentives
to be provided to organizations that have implemented an EMS.
The conferees have also provided the fiscal year 2004
appropriation level for activities and programs of the Office
of Pesticide Programs (OPP).
The conferees direct EPA to provide for the Pesticide
Applicator Training program the same amount as available in
fiscal year 2004.
The conferees support the Agency's electronics recycling
initiative, and encourage the Agency to support pilot projects
through the Polymer Alliance Zone's MARCEE Initiative to
develop a market-based sustainable electronics recycling
infrastructure.
OFFICE OF INSPECTOR GENERAL
Appropriates $38,000,000 for the Office of Inspector
General, an increase of $1,000,000 over the amount proposed by
the House, and the same amount proposed by the Senate. In
addition to amounts appropriated directly to the OIG,
$13,000,000 is also available by transfer from funds
appropriated for Hazardous Substance Superfund. Of the total
funding, $750,000 shall be used to carry out the duties of
Inspector General for the Chemical Safety and Hazard
Investigation Board.
BUILDINGS AND FACILITIES
Appropriates $39,000,000 for buildings and facilities,
instead of $40,000,000 as proposed by the Senate and the same
as proposed by the House.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $1,257,537,000 for Hazardous Substance
Superfund as proposed by the House instead of $1,381,416,000 as
proposed by the Senate. Bill language provides that such sums
as are available from the Superfund trust fund upon the date of
enactment are available for this activity, with the remainder
to be derived from general revenues of the Treasury. Additional
language provides for the transfer of $13,000,000 to the Office
of Inspector General, and for the transfer of $36,097,000 to
the Science and Technology account.
The conferees direct EPA to develop a standard test
method for naturally occurring asbestos that will provide
reproducible results and provide a risk analysis using the
existing EPA Airborne Asbestos Health Assessment Update.
The conferees remain concerned about the effective
implementation of the Superfund program. The EPA IG is
conducting an ongoing evaluation of Superfund expenditures at
the request of the House and Senate Committees on
Appropriations. It is clear, however, that there is little
coordination of best practices at Superfund sites and the
conferees urge EPA to develop a best practices approach which
will ensure that there will be better coordination in managing
sites and that those Superfund procedures that work best for
the least cost will be implemented.
The conferees have agreed to the following fiscal year
2005 funding levels:
1. $879,100,000 for Superfund response and cleanup
activities;
2. $146,514,000 for enforcement activities;
3. $145,000,000 for management and support;
4. $13,000,000 for transfer to the Office of Inspector
General;
5. $36,097,000 for research and development activities,
to be transferred to the Science and Technology account; and
6. $37,826,000 for reimbursable interagency activities,
including $27,150,000 for the Department of Justice and
$10,676,000 for OSHA, FEMA, NOAA, the United States Coast
Guard, and for the Department of the Interior.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Appropriates $70,000,000 for the leaking underground
storage tank program as proposed by the Senate, instead of
$74,000,000 as proposed by the House.
OIL SPILL RESPONSE
Appropriates $16,000,000 for oil spill response as
proposed by the House and the Senate.
STATE AND TRIBAL ASSISTANCE GRANTS
Appropriates $3,604,182,000 for state and tribal
assistance grants instead of $3,359,027,000 as proposed by the
House and $3,886,550,000 as proposed by the Senate. Bill
language specifically provides $1,100,000,000 for Clean Water
State Revolving Fund (SRF) capitalization grants, of which up
to $50,000,000 is to be made available for use by States that
choose to make loans, including interest-free loans, that
increase non-point and non-structural, decentralized
alternatives, expanding the choices available to communities in
their fight for clean water. The conferees again strongly
encourage States that can do so to pursue innovative
technologies in this regard, but emphasize that this program is
voluntary and that States not participating in the program will
nevertheless continue to receive their normal level of funding
through the established SRF formulas.
Additional bill language provides $850,000,000 for Safe
Drinking Water SRF capitalization grants; $50,000,000 for the
United States-Mexico Border program; $45,000,000 for grants to
address drinking water and wastewater infrastructure needs in
rural and native Alaska communities; $4,000,000 for remediation
of above ground leaking fuel tanks in Alaska pursuant to Public
Law 106-554; $90,000,000 for Brownfields infrastructure grants;
$1,145,757,000 for categorical grants to the states and tribes,
including $50,000,000 for Brownfields categorical grants and
$19,500,000 for the Environmental Information Exchange program;
$7,500,000 for Clean School Bus grants; and $309,925,000 for
cost-shared grants for construction of water and wastewater
treatment facilities and infrastructure and for groundwater
protection infrastructure.
The conferees have included bill language which: (1) for
fiscal year 2005, authorizes the Administrator of the EPA to
use funds appropriated pursuant to the Federal Water Pollution
Control Act (FWPCA) to make grants to Indian tribes pursuant to
section 319(h) and 518(e) of FWPCA; (2) will permit the states
to include as principal amounts considered to be the cost of
administering SRF loans to eligible borrowers, with certain
limitations; (3) for fiscal year 2005, authorizes the states to
transfer funds between the Clean Water and Safe Drinking Water
SRF programs; and (4) stipulates that no funds provided in the
Act to address water infrastructure needs of colonias within
the United States along the United States-Mexico border shall
be made available to a county or municipal government unless
that governmental entity has established an enforceable
ordinance or rule which prevents the development or
construction of any additional colonia areas, or the
development within an existing colonia of any new home,
business, or other structure which lacks water, wastewater, or
other necessary infrastructure.
As in previous years, the conferees have included bill
language that stipulates that none of the funds provided in
this or any previous years' Act for the Safe Drinking Water SRF
may be reserved by the Administrator for health effects studies
on drinking water contaminants. The conferees have instead
provided significant resources for such studies within EPA's
Science and Technology account.
The conferees have included, as proposed by the Senate,
bill language which sets certain requirements for Alaska Native
Village grants, including: (1) a 25% cost share from the State
of Alaska; (2) a limitation on administrative expenses; and (3)
the establishment of a statewide priority list and a set-aside
for regional hub communities.
The conferees have not included language proposed in the
Senate bill that created a new $3,000,000 construction program
that was designed to begin building the needed infrastructure
to reduce the risk of arsenic in drinking water as required by
the arsenic in drinking water rule (66 FR 6979). In 2006, both
community water systems and non-transient, non-community water
systems are expected to be in compliance with these new arsenic
in drinking water requirements. The conferees are concerned
that many communities, especially rural communities in the
West, will be unable to meet these new requirements which could
become a huge financial hardship on these communities. This may
mean that clean water systems could be abandoned in favor of
untreated well water or that communities may be forced to spend
very tight resources on new water infrastructure while
abandoning other critical priorities such as maintaining local
school systems. The conferees direct EPA to submit a study no
later than August 15, 2005 on the extent to which the
communities will be impacted by the arsenic in drinking water
rule, the likely cost to these communities for meeting the
requirements of the rule, alternatives to meeting the
requirements of the rule and recommendations for, but not
limited to, ways to minimize the cost.
The conferees have included bill language that makes
technical corrections and changes to grants approved in
previous fiscal years.
Of the funds provided for the United States-Mexico Border
program, $5,000,000 is for continuation of the El Paso, Texas
desalination and water supply project, and $2,000,000 is for
the Brownsville, Texas water supply project.
The conferees provide $18,000,000 for making competitive
Targeted Watershed grants; within these funds, $8,000,000 is
for a regional pilot program for the Chesapeake Bay that shall
demonstrate effective non-point source nutrient reduction
approaches that target small watersheds and accelerate nutrient
reduction in innovative, sustainable, and cost-effective ways.
Partners in the effort to protect the Bay include Maryland;
Pennsylvania; Virginia; the District of Columbia; the
Chesapeake Bay Commission, a tri-state legislative body; EPA,
which represents the Federal Government; and, participating
citizen advisory groups.
The conferees direct EPA under the ``school bus'' program
to treat all school districts equally, regardless of whether
the buses are owned by the district or owned by a contractor.
In either case, the grantee is a school district. In cases
where the school district contracts with an outside entity for
the provision of school buses, the school district is expected
to contract with its contractor to ensure the buses are as
environmentally sound as possible at the least possible cost.
Any use of funds must be consistent with the program
requirements. School districts can apply jointly for a grant
where the contractor provides student busing services to more
than one district.
Within the State and Tribal Categorical Grant program,
the conference agreement includes:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
State and Local Air Quality Assistance.......................... 225,000,000 228,550,000 225,000,000
Tribal Air Quality Assistance................................... 10,830,000 11,000,000 10,830,000
Radon........................................................... 8,000,000 7,000,000 7,000,000
Pollution Control (Section 106)................................. 200,000,000 210,000,000 210,000,000
Beaches Protection.............................................. 10,000,000 10,000,000 10,000,000
Nonpoint Source (Section 319)................................... 235,250,000 215,000,000 209,000,000
Wetlands Program Development.................................... 14,500,000 15,000,000 15,000,000
Wastewater Operator Training.................................... 1,500,000 1,500,000 1,500,000
Water Quality Cooperative Agreements (Sec. 104(3)(b))........... 18,620,000 17,000,000 17,000,000
Targeted Watersheds............................................. 14,500,000 20,000,000 18,000,000
Public Water System Supervision (PWSS).......................... 100,550,000 102,500,000 100,550,000
Underground Injection Control (UIC)............................. 10,780,000 9,000,000 10,780,000
Drinking Water Homeland Security................................ 5,000,000 5,000,000 5,000,000
RCRA Financial Assistance....................................... 104,300,000 106,400,000 104,300,000
Brownfields..................................................... 50,000,000 50,000,000 50,000,000
Underground Storage Tanks....................................... 12,000,000 13,000,000 12,000,000
Pesticides Program Implementation............................... 13,000,000 13,100,000 13,000,000
Lead Risk Reduction............................................. 13,500,000 13,700,000 13,500,000
Toxic Substances Compliance..................................... 5,047,000 5,150,000 5,047,000
Pesticides Enforcement.......................................... 19,500,000 19,900,000 19,500,000
Environmental Information....................................... 19,500,000 20,000,000 19,500,000
Pollution Prevention............................................ 6,000,000 5,000,000 5,000,000
Sector Program (Enforcement & Comp Assurance)................... 2,250,000 2,250,000 2,250,000
Tribal General Assistance Program............................... 62,000,000 62,500,000 62,000,000
----------------------------------------------------------------------------------------------------------------
The conferees have not included language that directed
EPA to deduct from grants to state associations for a state
that does not wish to participate in the association, as
proposed by the Senate. The conferees believe that current
recipients of such grants have administratively addressed this
issue.
The conferees have provided $309,925,000 for a targeted
program making grants to communities for the construction of
drinking water, wastewater and storm water infrastructure and
for water quality protection. As in past years, these grants
shall be accompanied by a cost-share requirement whereby 45
percent of a project's cost is the responsibility of the
community or entity receiving the grant. In those few cases
where such cost-share requirement poses a particular financial
burden on the recipient community or entity, the conferees
support the Agency's use of its long-standing guidance for
financial capability assessments to determine reductions or
waivers from this match requirement.
With the exception of the limited instances in which an
applicant meets the criteria for a waiver, the conferees have
provided no more than 55% of an individual project's cost,
regardless of the amount appropriated below. The phrase `terms
and conditions' referenced in the bill language includes the
maximum 55% federal share, as well as the intended recipients
and the specific project descriptions, as listed below. The
distribution of funds under this program is as follows:
1. $400,000 to the City of Falkville, Alabama for
sewer infrastructure improvements;
2. $750,000 to the City of Albertville, Alabama for
sewer infrastructure improvements;
3. $180,000 to the City of Boldo, Alabama for water
infrastructure improvements;
4. $200,000 to the City of Addison, Alabama for
sewer infrastructure improvements;
5. $220,000 to Lamar County, Alabama for
infrastructure improvements to the Lamar County
Reservoir;
6. $350,000 to the City of Arley, Alabama for water
infrastructure improvements;
7. $200,000 to the City of Eva, Alabama for sewer
infrastructure improvements;
8. $200,000 to the City of Guin, Alabama for water
infrastructure improvements;
9. $250,000 to the City of Phil Campbell, Alabama
for water infrastructure improvements;
10. $500,000 to Blount County, Alabama for water
infrastructure improvements;
11. $500,000 to the DeKalb-Jackson Water Supply
District in Ider, Alabama for construction of a water
treatment plant;
12. $150,000 to Fort Payne, Alabama for a pump
station at Wills Valley Industrial Park;
13. $250,000 to the Helena Utility Board in Helena,
Alabama for sewer infrastructure improvements;
14. $250,000 to the City of Jackson, Alabama for
water and wastewater infrastructure improvements;
15. $200,000 to the City of Athens, Alabama for
wastewater infrastructure improvements;
16. $500,000 to Lawrence County, Alabama for the
Bankhead Forest Water Project;
17. $250,000 to the City of Huntsville, Alabama for
water infrastructure improvements;
18. $400,000 to Hartselle Utilities for wastewater
infrastructure improvements in Hartselle, Alabama;
19. $100,000 to Harvest-Monrovia Water, Sewer, and
Fire Protection in Alabama for a master plan to
accomplish the establishment of a sewer system within
the service area;
20. $300,000 to the Limestone County Water and
Sewer Authority in Alabama for water infrastructure
improvements;
21. $400,000 to the Waterworks Boards of the Towns
of Section and Dutton, Alabama for water infrastructure
improvements;
22. $500,000 to the Scottsboro Waterworks, Sewer,
and Gas Board in Scottsboro, Alabama for construction
and rehabilitation of a sanitary sewer collection
system;
23. $600,000 to the City of Sheffield, Alabama for
water and wastewater infrastructure improvements;
24. $200,000 to the West Morgan-East Lawrence Water
and Sewer Authority for water and wastewater system
infrastructure improvements;
25. $50,000 to Jackson County, Alabama for water
and wastewater infrastructure improvements;
26. $400,000 to the City of Muscle Shoals, Alabama
for water and wastewater infrastructure improvements;
27. $100,000 to the community of Overlook Hills in
Dallas County, Alabama for wastewater infrastructure
improvements;
28. $100,000 to the Town of Fulton, Alabama to
construct a wastewater treatment facility;
29. $150,000 to the Town of Red Level, Alabama for
Phase II water infrastructure improvements;
30. $150,000 to the City of Valley, Alabama to
purchase Langdale Mill and Fairfax Utilization Plant;
31. $100,000 for the Millerville Water Authority
(Clay County Commission) for water infrastructure
improvements in Millerville, Alabama;
32. $200,000 for the Smiths Station Water Authority
in Alabama for water infrastructure improvements;
33. $30,000 for City of Piedmont Water and
Utilities Board to extend water lines to the Terrapin
Cove/Borden Springs area in Cleburne County, Alabama;
34. $250,000 to the City of Fayetteville, Arkansas
for water infrastructure improvements;
35. $250,000 for the Faulkner County Public
Facilities Board for Lake Conway Sewer Improvements in
Faulkner County, Arkansas;
36. $200,000 for the City of Goodyear, Arizona for
water infrastructure improvements;
37. $250,000 to the City of Avondale, Arizona for
wastewater infrastructure improvements;
38. $150,000 to the City of Chandler, Arizona for
the Chandler Arsenic Mitigation Program;
39. $1,000,000 to the University of Arizona,
College of Pharmacy for the US-Mexico Border
Environmental Protection Program;
40. $250,000 to the City of Stafford, Arizona for
construction of a wastewater treatment plant;
41. $500,000 to the City of St. Johns, Arizona for
new water transmission pipeline construction;
42. $150,000 to the City of Rialto, California for
water infrastructure improvements;
43. $250,000 to the Box Springs Mutual Water
Company of the City of Moreno Valley, California for
installation of a sewer system;
44. $200,000 to the City of Oxnard, California for
the Headworks Expansion Project and Redwood Trunk
Project;
45. $150,000 to the City of Modesto, California for
the neighborhood storm water, sewer, and water
infrastructure project (Ninth Street Corridor Storm
Drain Project);
46. $600,000 to the Orange County Sanitation
District for wastewater infrastructure improvements in
Fountain Valley, California;
47. $500,000 to the City of Laguna Beach,
California for emergency sewer repairs;
48. $1,000,000 to the City of Solana Beach,
California for wastewater treatment improvements in the
municipal sewer system;
49. $250,000 to the City of Roseville, California
for water infrastructure improvements;
50. $400,000 to the City of Monrovia, California
for water and wastewater infrastructure improvement;
51. $1,000,000 to the Cities of Arcadia and Sierra
Madre, California for the Joint Water Infrastructure
Restoration Program;
52. $200,000 to the City of East Palo Alto,
California for the storm water infrastructure
improvements;
53. $350,000 to the Monterey County Water Resource
Agency for the Salinas Valley Water Project in Monterey
County, California;
54. $100,000 to the Sweetwater Authority for the
water quality monitoring in Chula Vista, California;
55. $250,000 to the City of El Segundo, California
for wastewater infrastructure improvements for Smoky
Hollow;
56. $350,000 for the City of Redding, California
for water infrastructure improvements;
57. $750,000 to the San Diego County Water
Authority for the San Diego County Water Authority
Regional Seawater Desalination Initiative in San Diego,
California;
58. $350,000 to the City of Brisbane, California
for water and wastewater infrastructure improvements;
59. $100,000 for the Bighorn Desert Water Agency
for water infrastructure improvements in Yucca Valley,
California;
60. $450,000 to the City of San Bernardino,
California for Lakes and Stream Project;
61. $250,000 to the City of Hesperia, California
for water infrastructure improvements;
62. $200,000 to the City of Lake Arrowhead,
California for the Community Services District;
63. $500,000 for Mission Springs Water District for
the Groundwater Protection, Supply Enhancement/Reuse
Program in Desert Hot Springs, California;
64. $450,000 to the City of Banning, California for
the Brinton Reservoir;
65. $300,000 for the Hi-Desert Water District in
Yucca Valley, California for the Warren Valley Recharge
Facility;
66. $300,000 for the Santa Ana Watershed Project
Authority in California for the Santa Ana Regional
Interceptor (SARI) Enhancement;
67. $200,000 for the City of San Jose, California
for water and wastewater infrastructure improvements;
68. $500,000 to the City of Sacramento, California
for combined sewer system improvement rehabilitation
project;
69. $250,000 for the Castaic Lake Water Agency in
California for wastewater infrastructure improvements;
70. $250,000 to the City of Barstow, California for
a sewer master plan implementation project;
71. $250,000 to the City of Victorville, California
for water infrastructure improvements;
72. $200,000 for the California State University,
Dominguez Hills for the Center for Urban Environmental
Research in Carson, California;
73. $200,000 to the City of Brea, California for
sewer infrastructure improvements;
74. $200,000 to the City of Mission Viejo,
California for the Oso Creek Barrier Project;
75. $300,000 to the City of Vallejo, California for
the Mare Island Sanitary Sewer and Storm Drain
Improvement Project;
76. $250,000 to the City of Norwalk, California for
the Balancing Facility Project;
77. $150,000 to the Strathmore Public Utility
District for a wastewater treatment plant;
78. $250,000 to the City of Folsom, California for
the sewer rehabilitation project;
79. $1,000,000 to the City of San Francisco,
California for water and wastewater infrastructure
improvements;
80. $800,000 for the Santa Clara Valley Water
District in Santa Clara County, California for
Perchlorate Cleanup;
81. $200,000 to the City of Westminster, California
for the Westminster Water Quality Pilot Project;
82. $300,000 to the City of Huntington Beach,
California for the Wintersberg Channel Urban Run-Off
Treatment;
83. $250,000 to the City of Downey, California for
storm water infrastructure improvements;
84. $150,000 for the Municipal Water District of
Orange County, California for an Orange County water
reliability study;
85. $200,000 for the Orange County Sanitation
District for a new secondary treatment facility in
Fountain Valley, California;
86. $250,000 to the City of Eurka, California for
the Martin Slough Interceptor;
87. $250,000 to the City of Gardena, California for
water and wastewater infrastructure improvements;
88. $250,000 to the City of Santa Monica,
California for water infrastructure improvements;
89. $200,000 for Sonoma County, California for the
Monte Rio sanitation project in Monte Rio, California;
90. $250,000 to Jefferson County, Colorado to
implement a new storm water improvement program;
91. $250,000 to the City of Ouray, Colorado for
water infrastructure improvements;
92. $150,000 to the City of Meriden, Connecticut
for the City Center Initiative Flood Control and
Demolition;
93. $300,000 to the City of New Britain,
Connecticut for water infrastructure improvements;
94. $500,000 to the City of Southington,
Connecticut for the Southington Water Supply
Improvement Project;
95. $200,000 to the City of Stamford, Connecticut
for storm water infrastructure improvements;
96. $350,000 to the City of Groton, Connecticut for
water and sewer line extension;
97. $500,000 to the District of Columbia Government
for drinking water infrastructure improvements to
address lead problems;
98. $400,000 for the City of Wilmington, Delaware
for wastewater infrastructure improvements;
99. $250,000 to the City of Tarpon Springs, Florida
for water and wastewater infrastructure improvements;
100. $200,000 to the City of Gainesville, Florida
for the depot regional storm water park;
101. $250,000 to Citrus County, Florida for the
Chassahowitzka Area Wastewater Collection and Drinking
Water Distribution System;
102. $200,000 to Hillsborough County, Florida for
the Hillsborough County Alternative Water Supplies--
Phase III;
103. $750,000 to the City of Miami Beach, Florida
for storm water infrastructure improvements;
104. $250,000 to the City of Key West, Florida for
storm water infrastructure improvements
105. $200,000 to the City of Pemroke Pines, Florida
for water treatment expansion;
106. $250,000 to the City of Homestead, Florida for
water and wastewater infrastructure improvements;
107. $150,000 for the South Seminole & North Orange
County Wastewater Transmission Authority for the
replacement of wastewater pipes and mechanical
equipment;
108. $200,000 to the Southwest Florida Water
Management District for the Peace River & Myakka River
Water Initiative in Polk County, Florida;
109. $300,000 to the Village of Wellington, Florida
for the reconfiguration of storm water system project;
110. $350,000 for the County of Sarasota, Florida
for wastewater infrastructure improvements;
111. $200,000 to the City of Rivera Beach, Florida
for the storm water management plan;
112. $200,000 to the Town of Windermere, Florida
for storm water management improvements;
113. $250,000 to the City of Miami Gardens, Florida
for water, wastewater, storm water, and sewer
infrastructure improvements;
114. $200,000 to the City of Bunnell, Florida for
the Wastewater Collection, Treatment and Disposal
System Rehabilitation Project;
115. $500,000 for St. Johns County, Florida for the
College Park Drainage Improvement Project in West
Augustine, Florida;
116. $250,000 for the Escambia County Utility
Authority for Wastewater Treatment/water Reclamation
Partnership in Escambia County, Florida;
117. $350,000 to the City of Davenport, Florida for
wastewater infrastructure improvements;
118. $200,000 to the City of Lakeworth, Florida for
water infrastructure improvements;
119. $200,000 to the City of Davie, Florida for
water main replacement;
120. $300,000 for the South Central Regional
Wastewater Treatment and Disposal Board for the 100%
Wastewater Reuse Project in the Cities of Delray Beach
and Boynton Beach, Florida;
121. $300,000 to the City of Starke, Florida for
the Water Quality Improvement Program;
122. $500,000 to Osceola County, Florida for
drainage basin improvements;
123. $2,500,000 to the St. Johns River Water
Management District for water infrastructure
improvements in Central and East Florida;
124. $4,000,000 to the Southwest Florida Water
Management District for continuation of the Tampa Bay
Reservoir Project;
125. $1,200,000 to the Southwest Florida Water
Management District for Tampa Bay Reclaimed Water and
Downstream Augmentation Project;
126. $300,000 to the Southwest Florida Water
Management District for the Peace River and Myakka
River Watershed Restoration Initiative;
127. $500,000 to the City of Clearwater, Florida
for the Wastewater and Reclaimed Water Infrastructure
Project;
128. $1,300,000 to the City of Tampa, Florida for
sediment removal from estuaries of the headwaters at
the canals;
129. $500,000 to the City of Treasure Island,
Florida for wastewater and sewer system upgrades;
130. $900,000 to the City of Albany, Georgia storm
water infrastructure improvements;
131. $400,000 to the City of Americus, Georgia for
sewer service expansion;
132. $1,000,000 to the City of Atlanta, Georgia for
the McDaniel Basin Combined Sewer Overflow Separation
project;
133. $1,000,000 for Columbus Water Works, Columbus,
Georgia for its Biosolids Flow-Through Thermophilic
Treatment Demonstration Project;
134. $250,000 to the City of Plains, Georgia for
water infrastructure improvements;
135. $100,000 to the City of Social Circle, Georgia
for water and wastewater infrastructure improvements;
136. $100,000 to the City of Thomasville, Georgia
for extension of sewer lines;
137. $150,000 to the City of Moultrie, Georgia for
wastewater infrastructure improvements;
138. $150,000 to the City of Summerville, Georgia
for water and wastewater infrastructure improvements;
139. $200,000 to Polk County, Georgia for the Polk
County Wastewater Collection System;
140. $250,000 to the City of Roswell, Georgia for
the Big Creek Watershed Project;
141. $750,000 to the City of Atlanta, Georgia for
wastewater infrastructure improvements;
142. $750,000 to the City of Moultrie, Georgia for
wastewater infrastructure improvements;
143. $700,000 for the Metropolitan North Georgia
Planning District for water infrastructure improvements
in North Atlanta Metropolitan Area, Georgia;
144. $150,000 to the City of Byron, Georgia for
water and wastewater infrastructure improvements;
145. $250,000 to the City of Social Circle, Georgia
for water and wastewater infrastructure improvements;
146. $250,000 to the Guam Waterworks Authority for
water and wastewater infrastructure improvements in the
Territory of Guam;
147. $150,000 to the Maui County Department of
Water Supply for the lead reduction in Upcountry Maui
in Upcountry Maui, Hawaii;
148. $200,000 to the City of Castleford, Idaho for
water infrastructure improvements;
149. $450,000 to the City of Castleford, Idaho for
water infrastructure improvements;
150. $600,000 to the City of Twin Falls, Idaho for
wastewater infrastructure improvements;
151. $750,000 to the City of Pocatello, Idaho for
water infrastructure improvements;
152. $150,000 to the City of Lockport, Illinois for
water and wastewater infrastructure improvements;
153. $450,000 to the Village of Johnsburg, Illinois
for wastewater infrastructure improvements;
154. $300,000 to the Lake County Storm water
Management Community for the Lake County Watershed Plan
in Lake County, Illinois;
155. $200,000 to the City of Silvis, Illinois for
water infrastructure improvements;
156. $200,000 to the Village of Newark, Illinois
for wastewater infrastructure improvements;
157. $200,000 to the Village of Paw Paw, Illinois
for construction of an elevated water storage tower;
158. $200,000 to the Village of Annawan, Illinois
for water and wastewater infrastructure improvements;
159. $650,000 to the Salt Creek Sanitary District
in Villa Park, Illinois for water and wastewater
infrastructure improvements;
160. $300,000 to the Village of East Hazel Crest,
Illinois for water infrastructure improvements;
161. $200,000 to the City of Lexington, Illinois
for wastewater infrastructure improvements;
162. $400,000 to Lake County, Illinois for
wastewater infrastructure improvements on the Des
Plaines River;
163. $500,000 to the City of Peoria, Illinois for
stormwater management;
164. $542,500 to the Village of Bartonville,
Illinois for storm sewer improvements in Broadmoor
Heights;
165. $500,000 to the Village of Arenzville,
Illinois for water infrastructure improvements;
166. $500,000 to the Village of Argenta, Illinois
for water infrastructure improvements;
167. $500,000 to the Village of North Pekin,
Illinois for water infrastructure improvements;
168. $357,500 to the City of Spring Valley,
Illinois for water infrastructure improvements;
169. $250,000 to the City of Virginia, Illinois for
water infrastructure improvements;
170. $500,000 to the City of Pekin, Illinois
wastewater infrastructure improvements;
171. $250,000 to the City of Lincoln, Illinois to
repair and slip line Pulaski Street sewer line;
172. $350,000 to the Village of La Grange, Illinois
for water infrastructure improvements;
173. $550,000 to the Village of Fox River Grove,
Illinois for Phase II sewer plant infrastructure
improvements;
174. $250,000 to the City of Shelbyville, Illinois
for wastewater infrastructure improvements;
175. $250,000 to the City of Breese, Illinois for
construction of the Breese Water Plant;
176. $100,000 to the Village of Mazon, Illinois for
water infrastructure improvements;
177. $200,000 for Will County, Illinois for the
feasibility study for sanitary district expansion;
178. $300,000 to the City of Marion, Indiana for
water infrastructure improvements associated with the
Water Loop Project in Grant County, Indiana;
179. $200,000 to the City of Crawford, Indiana for
the design and construction phases of the
Crawfordsville Eastside Sanitary Sewer Project;
180. $500,000 to the City of Frankfort, Indiana for
construction of the Eastside Drainage/Detention
Facility;
181. $150,000 to the City of Indianapolis, Indiana
for sewer rehabilitation in northeast Indianapolis;
182. $300,000 to the City of Evansville, Indiana
for the Pigeon Creek Enhancement Project;
183. $200,000 to the City of New Castle, Indiana
for the sanitary sewer and sanitary forcemain project;
184. $330,000 to the City of Lowell, Indiana for
construction of additional water lines;
185. $400,000 to the City of Hebron, Indiana for
water infrastructure improvements;
186. $150,000 to the City of Des Moines, Iowa for
storm water infrastructure improvements to the Closes
Creek Watershed;
187. $250,000 to the City of Storm Lake, Iowa for
water infrastructure improvements;
188. $250,000 to the City of Postville, Iowa for
the completion of the Postville wastewater facility;
189. $500,000 to the City of Mason City, Iowa for
completion of the Mason City water treatment plant;
190. $450,000 to the City of Ft. Madison, Iowa for
water and wastewater infrastructure improvements;
191. $450,000 to the City of Ottumwa, Iowa for the
South Ottumwa Sewer Separation project;
192. $500,000 to the City of Davenport, Iowa for
the Westside Diversion Tunnel;
193. $250,000 to the City of Mission, Kansas for
construction and expansion of a storm water flow
management system;
194. $350,000 to the City of Harper, Kansas for
water infrastructure improvements;
195. $150,000 to the Town of North Middletown,
Kentucky for North Middletown water and sewer
improvements;
196. $100,000 to the City of Shepherdsville,
Kentucky for storm water compliance;
197. $100,000 to the City of Hillview, Kentucky for
the Hillview Storm water Compliance;
198. $550,000 to the Louisville/Jefferson County
Metropolitan Sewer District, Kentucky to construct a
gravity interceptor sewer in Shively;
199. $225,000 Louisville/Jefferson County
Metropolitan Sewer District, Kentucky for wastewater
infrastructure improvements in Beechwood Village;
200. $225,000 Louisville/Jefferson County
Metropolitan Sewer District, Kentucky for wastewater
infrastructure improvements at Canoe Lane;
201. $700,000 to the City of Whitesburg, Kentucky
for construction of a wastewater treatment plant;
202. $1,200,000 for the Perry County Fiscal Court
in Hazard, Kentucky for the construction of a
wastewater treatment plant;
203. $100,000 to the City of Morehead, Kentucky for
the renovation and expansion of a wastewater treatment
plant;
204. $150,000 to the City of Jamestown, Kentucky
for the water treatment plant;
205. $150,000 to the City of Monroe for the Monroe
Wastewater Improvement Program in Monroe, Louisiana;
206. $200,000 to the Village of Slaughter,
Louisiana for wastewater infrastructure improvements;
207. $200,000 to the West Baton Rouge Parish,
Louisiana for wastewater infrastructure improvements;
208. $250,000 to the City of Shreveport, Louisiana
for the Municipal Water Distribution System--Backflow
Prevention;
209. $200,000 to the City of Shreveport, Louisiana
for watershed protection;
210. $500,000 for the South Central Planning &
Development Commission for water and wastewater
infrastructure improvements in New Iberia, St. Charles,
Morgan City, St. Bernard and St. James, Louisiana;
211. $250,000 to the City of Slidell, Louisiana for
storm water infrastructure improvements;
212. $200,000 to the Town of Windham, Maine for
wastewater infrastructure improvements;
213. $500,000 to the City of Brewer, Maine for the
sewer improvements project;
214. $250,000 to the City of Salisbury, Maryland
for wastewater infrastructure improvements;
215. $250,000 to the City of Cambridge, Maryland
for wastewater infrastructure improvements;
216. $250,000 to the City of Elkton, Maryland for
wastewater infrastructure improvements;
217. $100,000 to Prince George's County, Maryland
for the Livable Community Initiative in Brentwood,
North Brentwood, Edmonston and Cottage City, Maryland;
218. $250,000 for Prince George's County, Maryland
for the Anacostia Trash Reduction Program and Removal
of Floatable Trash for the Cities of Brentwood and
Edmonston, Maryland;
219. $500,000 to the YMCA Camp Letts in Edgewater,
Maryland for water infrastructure improvements;
220. $200,000 to the City of Boston, Massachusetts
to continue efforts to address deteriorating
groundwater levels in the Greater Boston area;
221. $200,000 for the Towns of Braintree, Holbrook
and Randolph in Massachusetts for water and wastewater
infrastructure improvements;
222. $950,000 to the Cities of Fall River and New
Bedford, Massachusetts for combined sewer overflow
projects;
223. $200,000 to the City of Lawrence,
Massachusetts for combined sewer overflow mitigation;
224. $400,000 to the City of Leomister,
Massachusetts for the Rockwell Village revitalization
initiative for water infrastructure improvements;
225. $250,000 for wastewater projects for
communities in Essex County, Massachusetts
226. $500,000 to the Pioneer Valley Planning
Commission in West Springfield, Massachusetts for the
Connecticut River combined sewer overflow;
227. $900,000 to Wayne County, Michigan for the
Rouge River National Wet Weather Demonstration Project;
228. $500,000 to the City of Grand Rapids, Michigan
for combined sewer overflows;
229. $250,000 to the Genesee County Drain
Commission for the Northeast Relief Sewer/Kearsley
Creek Interceptor project in Genesee County, Michigan;
230. $350,000 to the City of Detroit, Michigan for
the Woodmere Sewage Pump Station Rehabilitation;
231. $1,000,000 to the Oakland County Drain
Commission for Evergreen-Farmington Sanitary Sewer
Overflow control project in Farmington Hills, Michigan;
232. $500,000 to the Oakland County Drain
Commission for Footing Drain/Sewer Lead Excess Flow
Prevention demonstration project in Waterford,
Michigan;
233. $200,000 for Oakland County, Michigan to
identify and eliminate sewage contributions from older
urban areas in the Clinton River;
234. $200,000 to the City of Westland, Michigan for
water infrastructure improvements;
235. $650,000 for Macomb County and St. Clair
County, Michigan to implement a comprehensive water
quality monitoring program;
236. $300,000 to Brighton Township, Michigan for a
waterline construction;
237. $300,000 for the Livingston County Drain
Commission for drain construction in Livingston County,
Michigan;
238. $250,000 to L'Anse Township, Michigan for
water and sewer infrastructure improvements;
239. $250,000 to the City of Roseau, Minnesota for
storm water infrastructure improvements;
240. $600,000 to the City of Minneapolis, Minnesota
for the combined sewer overflow;
241. $200,000 to the Mississippi Band of Choctaw
Indians for an Academic Wetlands and Wetlands
Mitigation Project in Neshoba County, Mississippi;
242. $300,000 for Lamar County, Mississippi for
water and sewer infrastructure improvements;
243. $500,000 to the City of Belmont, Mississippi
for wastewater infrastructure improvements;
244. $500,000 to the City of Pontotoc, Mississippi
for wastewater infrastructure improvements;
245. $350,000 to the City of Joplin, Missouri for
the Crossroads Parallel Sewer Phase 4 upgrades;
246. $200,000 to the City of St. Louis, Department
of Public Utilities for the Columbia Bottoms Wellfield
Development water project in St. Louis, Missouri;
247. $250,000 to the Clarence Cannon Wholesale
Water Commission for water infrastructure improvements
in Monroe County, Missouri;
248. $250,000 to the Duckett Creek Sanitary
District in Missouri for wastewater infrastructure
improvements;
249. $150,000 for the Rosodyn Corporation in Butte,
Montana for a waste recovery from municipal waste
treatment plant;
250. $300,000 to the City of Lincoln, Nebraska for
water and wastewater infrastructure improvements;
251. $550,000 to the City of Omaha, Nebraska for
the Combined Sewerage Overflow Project;
252. $400,000 to the City of Fallon, Nevada for
wastewater infrastructure improvements;
253. $400,000 to the City of Henderson, Nevada for
wastewater infrastructure improvements;
254. $150,000 to the City of Nashua, New Hampshire
for wastewater infrastructure improvements;
255. $200,000 to the New Hampshire Department of
Environmental Services for sewer system expansion in
Franklin, New Hampshire;
256. $200,000 to the City of Somerworth, New
Hampshire for wastewater infrastructure improvements;
257. $1,000,000 to the Township of Parsippany, New
Jersey for water infrastructure improvements;
258. $250,000 to the City of Wildwood, New Jersey
for storm sewer outflow reconstruction;
259. $250,000 to the New Jersey Municipal Utilities
Authority for the Peninsula at Bayonne Harbor Water
Infrastructure Improvement Project in Bayonne, New
Jersey;
260. $400,000 for the Passaic Valley Sewerage
Commission in New Jersey for the Combined Sewage
Overflow Program;
261. $100,000 for the Bergen County Utilities
Authority for wastewater infrastructure improvements in
Englewood, New Jersey;
262. $300,000 for the New Jersey Meadowlands
Commission for the Hackensack Meadowlands Ecosystem
Restoration;
263. $100,000 to the City of Lordsburg, New Mexico
for water infrastructure improvements;
264. $100,000 to the City of Bayard, New Mexico for
the Ft. Bayard Effluent Reuse System;
265. $150,000 to the City of Ruidoso Downs, New
Mexico for wastewater infrastructure improvements;
266. $150,000 to the City of Elephant Butte, New
Mexico for wastewater infrastructure improvements;
267. $150,000 to the City of Los Lunas, New Mexico
to build a sewer interceptor line;
268. $150,000 to the City of Espanola, New Mexico
for wastewater infrastructure improvements;
269. $200,000 to the City of Tijeras, New Mexico
for water infrastructure improvements;
270. $200,000 for Bernalillo County, New Mexico for
the South and North water and wastewater infrastructure
improvements;
271. $200,000 to the City of Brookhaven, New York
for storm water infrastructure improvements;
272. $100,000 to the Chenango County Agricultural
Society of Chenango County, New York for upgrades to
the water and septic systems at the Chenango County
Fair Grounds and for a study;
273. $125,000 to the Town of Schulyer, New York for
water system improvements;
274. $200,000 to the Village of Bridgewater, New
York for water infrastructure improvements;
275. $200,000 to the Towns of Springport and
Fleming, New York for water and wastewater
infrastructure improvements;
276. $300,000 to Rockland County, New York for the
Western Ramapo sewer extension and water reuse project;
277. $250,000 to the Village of Deposit, New York
for wastewater infrastructure improvements;
278. $250,000 to the Town of Blooming Grove, New
York for wastewater infrastructure improvements;
279. $300,000 to the Village of Sea Cliff, New York
for the Sanitary Sewer System Infrastructure
Development and Management project;
280. $110,000 for the Village of Mamaroneck, New
York for sewer system improvements;
281. $150,000 to the Town of New Castle, New York
for the Phase II Storm Water Compliance Program;
282. $250,000 to the City of Oswego, New York for
sewer overflow system improvements;
283. $275,000 for the Warnerville Water District in
Warnerville, New York for a water and sewer project;
284. $250,000 to the Town of Cheektowaga, New York
for the Plant No. 3 overflow retention facility;
285. $650,000 to the Erie Water Authority for water
infrastructure improvements for the Town of Newstead
and Village of Williamsville, New York;
286. $200,000 to the Town/Village of East
Rochester, New York for sewer infrastructure
improvements;
287. $1,000,000 for Dutchess County Water and
Wastewater Authority in Hyde Park, New York for
wastewater infrastructure improvements;
288. $12,000,000 for continued clean water
improvements for Onondaga Lake, New York;
289. $4,000,000 to Monroe County Water Authority in
New York State for the Eastside Water Treatment
Project;
290. $900,000 to Wayne County, New York for
construction of a waterline along North Geneva Road;
291. $600,000 to the Wayne County Water and Sewer
Authority for water infrastructure improvements in the
Town of Huron, New York;
292. $4,000,000 for drinking water infrastructure
needs in the New York City Watershed;
293. $4,000,000 for water quality infrastructure
improvements for Long Island Sound, New York;
294. $1,000,000 for water quality infrastructure
improvements for the Jamesville, New York sewer
project;
295. $350,000 to the Town of Elbridge, New York for
the construction of a waterline;
296. $500,000 to the County of Onondaga, Department
of Community Development in New York for water and
wastewater infrastructure improvements;
297. $500,000 to Cayuga County in Victory, New York
for water infrastructure improvements;
298. $250,000 to the Town of Landis, North Carolina
for water and wastewater infrastructure improvements;
299. $200,000 to Harnett County, North Carolina to
install pump stations and a forcemain as part of a
central wastewater treatment rehabilitation project;
300. $200,000 to the Towns of Biscoe, Star, and
Troy, North Carolina for the Montgomery County, North
Carolina Sewer Project;
301. $200,000 to the Towns of Hamlet-Rockingham,
North Carolina for wastewater infrastructure
improvements;
302. $200,000 to the Town of Farmville, North
Carolina for wastewater infrastructure improvements;
303. $150,000 to the Cities of East Arcadia, Bolton
and Sandyfield, North Carolina for a regional water
system;
304. $200,000 to the Town of Wendell, North
Carolina for the Buffalo Creek Interceptor project;
305. $250,000 to the City of Charlotte, North
Carolina for the wastewater plant expansion;
306. $200,000 to the Town of Apex, North Carolina
for wastewater infrastructure improvements;
307. $1,500,000 to Wake County, North Carolina for
water infrastructure improvements in cooperation with
the Town of Cary, North Carolina and Durham County,
North Carolina;
308. $500,000 to Orange County, North Carolina for
water and wastewater infrastructure improvements;
309. $650,000 to the Orange Water and Sewer
Authority (OWASA) in North Carolina for a water reuse
project;
310. $200,000 to the Town of Hillsborough, North
Carolina for water and wastewater infrastructure
improvements;
311. $880,000 for the Eastern Band of Cherokee
Indians for water infrastructure improvements in
Cherokee, North Carolina;
312. $1,000,000 for McDowell County, North Carolina
for water infrastructure improvements;
313. $100,000 to the Town of East Spencer, North
Carolina for water and sewer rehabilitation project;
314. $150,000 to the City of Devils Lake, North
Dakota for the Devils Lake water line;
315. $150,000 to the City of Lorain, Ohio for
wastewater infrastructure improvements;
316. $150,000 to Butler County, Ohio for the Butler
County Waterline;
317. $300,000 to the Village of North Baltimore,
Ohio for the Water Street Combined Sewer Separation
Project;
318. $300,000 to the Village of Hicksville, Ohio
for the Hicksville Wastewater Treatment Plant Project;
319. $300,000 to the City of Defiance, Ohio for the
Sewer Separation Project;
320. $750,000 to the City of Circleville, Ohio for
sewer infrastructure improvements;
321. $1,000,000 to the Burr Oak Regional Water
District for water infrastructure improvements in Perry
County, Ohio;
322. $550,000 to Greene County, Ohio for water and
wastewater infrastructure improvements;
323. $50,000 to the Logan Elm School District for
water infrastructure improvements in Circleville, Ohio;
324. $220,000 to the Lancaster Campus of Ohio
University for water infrastructure improvements in
Lancaster, Ohio;
325. $155,000 to Fairfield County, Ohio for water
and wastewater infrastructure improvements;
326. $350,000 to the Northeast Ohio Regional Sewer
District for the Easterly/Doan Brook Watershed
Pollution Abatement Project;
327. $1,000,000 to the City of Toledo, Ohio for wet
weather flow and wastewater infrastructure
improvements;
328. $1,000,000 to Ottawa County, Ohio for water
infrastructure improvements;
329. $1,000,000 to the City of Sandusky, Ohio for
wastewater infrastructure improvements;
330. $350,000 to Ashtabula County, Ohio for the
Rock Creek Village Waterline Extension;
331. $50,000 to Jackson County, Ohio for water
infrastructure improvements;
332. $550,000 to Guernsey County, Ohio for a water
line extension;
333. $500,000 for the St. Mary's Municipal
Government for wastewater infrastructure improvements
in St. Mary's, Ohio;
334. $625,000 for Urbana University in Urbana, Ohio
for storm drainage and water and sewer line
construction;
335. $500,000 for the Delphos Municipal Government
for the Tri-County regional water system in Delphos,
Ohio;
336. $550,000 to the Metropolitan Sewer District of
Greater Cincinnati for the sanitary sewer overflow
demonstration project in Cincinnati, Ohio;
337. $500,000 to the City of Wooster, Ohio for
storm water infrastructure improvements along Beall
Ave;
338. $500,000 to the Village of Hayesville, Ohio
for water and wastewater infrastructure improvements;
339. $500,000 to the City of Canton, Ohio for water
infrastructure improvements;
340. $150,000 for the Trumbull County Sanitary
Engineer for installation of the Maplewood Park sewer
system in Hubbard Township, Ohio;
341. $250,000 for Columbiana County, Ohio for water
infrastructure improvements to the Buckeye Water
District;
342. $100,000 to the City of Marlow, Oklahoma for
water and wastewater infrastructure improvements;
343. $200,000 to the City of Sulpher, Oklahoma for
wastewater infrastructure improvements;
344. $1,000,000 to the City of Seminole, Oklahoma
for water infrastructure improvements;
345. $80,000 to the City of Meeker, Oklahoma to
refurbish the water tower;
346. $100,000 to Skiatook, Oklahoma for water and
sewer infrastructure improvements;
347. $150,000 to the City of Portland, Oregon for
water and wastewater infrastructure improvements;
348. $150,000 to the City of Sweet Home, Oregon for
wastewater infrastructure improvements;
349. $150,000 to the City of Salem, Oregon for the
Peak Excess Flow Treatment Facility for Sanitary Sewer
Overflows;
350. $200,000 to the City of Klamath Falls, Oregon
for wastewater infrastructure improvements;
351. $150,000 to the City of Rainier, Oregon for
wastewater infrastructure improvements;
352. $1,000,000 to Allegheny County, Pennsylvania
for the 3 Rivers Wet Weather Demonstration Project;
353. $100,000 to the City of Sharon, Pennsylvania
for the Budd Street sewer line replacement;
354. $500,000 to the City of Philadelphia to
continue the planning, design, and construction of
innovative storm-water management solutions in
Philadelphia, Pennsylvania;
355. $500,000 to Cheltenham Township, Pennsylvania
to continue the planning, design, and construction of
innovative storm-water management solutions;
356. $250,000 to Beaver Falls Municipal Authority
for wastewater infrastructure improvements to the Big
Beaver Treatment Facility in Big Beaver, Pennsylvania;
357. $250,000 to the City of Harrisburg,
Pennsylvania for the Harrisburg Advanced Wastewater
Treatment Facility;
358. $350,000 to the Wyoming Valley Sanitary
Authority in Wyoming Valley, Pennsylvania for the
Wyoming Valley Combined Sewer Overflow Project;
359. $200,000 to Ligonier Township, Pennsylvania
for the Ligonier Township sewage project;
360. $250,000 for the South Hills Area Council of
Governments for the South Hills Area Storm Sewer
Project in Allegheny County, Pennsylvania;
361. $250,000 for the Clarion Area Authority for
the Fifth Avenue sewer line replacement project in
Clarion, Pennsylvania;
362. $500,000 to the Nelson Township Authority for
water infrastructure improvements in Nelson,
Pennsylvania;
363. $250,000 to the City of Lancaster,
Pennsylvania for the water treatment membrane project;
364. $200,000 for York City Sewer Authority for the
Clean Water Demonstration Project in York,
Pennsylvania;
365. $500,000 for the Kulpmont-Marion Heights Joint
Municipal Authority in Kulpmont, Pennsylvania for sewer
infrastructure improvements;
366. $4,000,000 for a grant to Puerto Rico for
drinking water infrastructure improvements to the
Metropolitano community water system in San Juan;
367. $200,000 to the Town of North Smithfield,
Rhode Island for water and wastewater infrastructure
improvements;
368. $200,000 to the City of Newport, Rhode Island
for water and wastewater infrastructure improvements;
369. $200,000 to the Narragansett Bay Commission in
Providence, Rhode Island for combined sewer overflow
control and wastewater improvement project;
370. $250,000 to the City of Lake Greenwood, South
Carolina for water and wastewater infrastructure
improvements;
371. $150,000 to Mount Pleasant Waterworks for the
Mount Pleasant Waterworks Rural Roads Gravity
Wastewater Extension Project in Mount Pleasant, South
Carolina;
372. $500,000 to the Myrtle Beach Downtown
Redevelopment Corporation for a new storm water
drainage system in Myrtle Beach, South Carolina;
373. $750,000 to the Towns of Olar and Govan, South
Carolina for water infrastructure improvements;
374. $300,000 to the City of Wellford, South
Carolina for sewer/wastewater infrastructure
improvements;
375. $400,000 for the Chester County Sewer District
for wastewater infrastructure improvements in Lando,
South Carolina;
376. $200,000 to the Town of Ridgeland, South
Carolina for the Wagon Branch Water Project;
377. $125,000 to the City of Franklin, Tennessee
for water system improvements to the Watson Branch
Watershed;
378. $150,000 to the City of Pikeville, Tennessee
for the Pikeville/Bledsoe County Water Improvements
Project;
379. $125,000 to the Hampton Utility District in
Little Milligan/Fish Springs Community, Carter County,
Tennessee for water infrastructure improvements;
380. $125,000 to the City of Tusculum, Tennessee
for first construction phase of a wastewater treatment
plant;
381. $50,000 to the City of Bean Station, Tennessee
for wastewater infrastructure improvements;
382. $100,000 for Roane County, Tennessee for water
infrastructure improvements;
383. $200,000 to the Spring City, Tennessee for
water and sewer line replacement;
384. $250,000 for Anderson County, Tennessee for
water infrastructure improvements;
385. $400,000 to the City of Dayton, Tennessee for
flocculation and settling basins;
386. $150,000 for the City of Houston, Texas for
water infrastructure improvements;
387. $250,000 to the City of Liberty Hill, Texas
for the Liberty Hill Central City Sewer System Project;
388. $75,000 to the Brazos River Authority for the
Brazos/Navasota Watershed Management Project in Fort
Bend County, Texas;
389. $100,000 for the Brazos River Authority for
the West Fort Bend County Regional Water Treatment
Facility in Fort Bend County, Texas;
390. $500,000 for the Fort Bend County, Texas for
water infrastructure improvements;
391. $350,000 to Bosque County, Texas for water
infrastructure improvements;
392. $250,000 to the City of Weatherford, Texas for
water infrastructure improvements;
393. $250,000 to the City of Pharr, Texas for
wastewater infrastructure improvements;
394. $150,000 to the City of Alvin, Texas for water
infrastructure improvements;
395. $250,000 for the El Paso Water Utilities for
water infrastructure expansion in El Paso, Texas;
396. $150,000 to the San Antonio Water System for
the Espada Road Sewer Project in San Antonio, Texas;
397. $500,000 to the City of Austin, Texas for the
non-structural sanitary sewer overflow prevention
project;
398. $150,000 to Logan City, Utah for water and
wastewater infrastructure improvements for Phase I and
II of the Northwest Park Project;
399. $250,000 to Smyth County, Virginia for
wastewater infrastructure improvements;
400. $300,000 to Hanover County, Virginia for
wastewater infrastructure improvements;
401. $150,000 to Fauquier County, Virginia for a
sewage treatment plant in the Catlett/Calverton area;
402. $750,000 to Dale Service Corporation in Dale
City, Virginia for wastewater infrastructure
improvements;
403. $100,000 to the Isle of Wight County, Virginia
for water infrastructure improvements;
404. $500,000 to the Town of Halifax, Virginia for
water infrastructure improvements;
405. $1,000,000 to Franklin County, Virginia for
water infrastructure improvements;
406. $500,000 to Fluvanna County, Virginia for
water infrastructure improvements;
407. $1,000,000 to the Town of Brookneal, Virginia
for water infrastructure improvements;
408. $218,000 to Nelson County, Virginia for water
and wastewater infrastructure improvements;
409. $682,000 to Pittsylvania County, Virginia for
water infrastructure improvements;
410. $200,000 to the Eastern Shore of Virginia
Public Service Authority in Northhampton County,
Virginia for wastewater infrastructure improvements;
411. $250,000 to the Government of the Virgin
Islands for wastewater infrastructure system
improvements in St. Croix, Virgin Islands;
412. $1,000,000 to the City of Alexandria, Virginia
and Arlington County for water infrastructure
improvements in the Four Mile Run watershed;
413. $150,000 to the City of Chehalis, Washington
for water infrastructure improvements;
414. $1,000,000 to the City of Tacoma, Washington
for an integrated storm water system for Salishan
housing development;
415. $200,000 to the City of Carson, Washington for
water infrastructure improvements;
416. $200,000 to the City of Oak Harbor, Washington
for water infrastructure improvements;
417. $150,000 to the Town of Uniontown, Washington
for wastewater infrastructure improvements;
418. $250,000 to the Town of Ione, Washington for
water infrastructure improvements;
419. $150,000 to the City of Lakewood, Washington
for the American Lake Gardens Industrial Sewer
Extension;
420. $150,000 to the City of Sun Prairie, Wisconsin
for wastewater infrastructure improvements;
421. $1,850,000 to the City of Antigo, Wisconsin
for water and wastewater infrastructure improvements;
422. $862,000 to the City of Vesper, Wisconsin for
water and wastewater infrastructure improvements;
423. $1,500,000 to the City of Boyd, Wisconsin for
water and wastewater infrastructure improvements;
424. $100,000 to the Town of Scott, Wisconsin for
wastewater infrastructure improvements;
425. $200,000 to the City of Racine, Wisconsin for
water infrastructure improvements;
426. $500,000 to the City of Waukesha, Wisconsin
for systems planning and water infrastructure
improvements;
427. $200,000 to the Kanawha County Commission in
Kanawha County, West Virginia for the Upper Fishers
Branch/Guthrie Water Project;
428. $200,000 to the Braxton County Development
Authority for the Curry Ridge Water Line Extension in
Curry Ridge, West Virginia;
429. $1,000,000 to the Marshall County Public
Service District #4 in West Virginia for water and
wastewater infrastructure improvements;
430. $100,000 to the Jane Lew Public Service
District in Harrison County, West Virginia for water
and wastewater infrastructure improvements;
431. $1,500,000 to the Pleasants County Public
Service District in West Virginia for water and
wastewater infrastructure improvements;
432. $480,000 to the Grant County Commission in
West Virginia to extend water service to the Deep
Spring area;
433. $900,000 to the City of Shinnston in West
Virginia for water and wastewater infrastructure
improvements;
434. $750,000 to the Town of Pine Grove in West
Virginia for water and wastewater infrastructure
improvements;
435. $1,000,000 to City of Fairmont Sanitary Sewer
Board in West Virginia for water and wastewater
infrastructure improvements;
436. $2,374,000 to the City of Petersburg in West
Virginia for water and wastewater infrastructure
improvements;
437. $101,000 to the River Road Public Service
District in West Virginia to extend water service on
National Church Hollow Road;
438. $935,000 to the Taylor County Public Service
District in West Virginia for water and wastewater
infrastructure improvements;
439. $833,000 to the Taylor County Commission in
West Virginia for water and wastewater infrastructure
improvements;
440. $1,000,000 to the City of Cameron in West
Virginia for water and wastewater infrastructure
improvements;
441. $55,000 to the Hammond Public Service District
in West Virginia for the Lazear's Lane water project;
442. $1,840,000 to the Canaan Valley Institute to
work in conjunction with the Highlands Action Program
for an innovative wastewater demonstration program in
Canaan Valley in Tucker County, West Virginia;
443. $350,000 to the City of Cheyenne, Wyoming for
wastewater infrastructure improvements;
444. $800,000 to the Coosa Valley Water Supply
District for development of a surface water supply in
St. Clair County, Alabama;
445. $750,000 to the Utilities Board of the City of
Helena for water and sewer upgrades and construction in
Helena, Alabama;
446. $600,000 to the Cleburne County Commission in
Heflin, Alabama for county water expansion in Cleburne,
County, Alabama;
447. $600,000 to the Randolph County Commission in
Wedowee, Alabama for county water expansion in Randolph
County, Alabama;
448. $450,000 to the Blount County Water Authority
in Oneonta, Alabama for development of a county water
supply line;
449. $750,000 to the City of Fort Payne for water
and sewer improvements in Fort Payne, Alabama;
450. $250,000 to the West Morgan/East Lawrence
Water and Sewer Authority in Decatur, Alabama for water
and sewer improvements;
451. $300,000 to the Lamar County Commission in
Vernon, Alabama for the Lamar County Water Supply
Project;
452. $1,000,000 to Girdwood, Inc. for water and
sewer expansion in Girdwood, Alaska;
453. $1,300,000 to the Municipality of Anchorage,
Alaska for Sand Lake Water Extension;
454. $300,000 for Matanuska-Susitna Borough, Alaska
for water wells for Gorsuch Lake;
455. $1,100,000 for the City of Wasilla, Alaska for
sewer expansion;
456. $750,000 for the City of Valdez, Alaska to
replace septic systems with sewers and wells with city
water;
457. $400,000 for the City of Ketchikan, Alaska for
Mountain Point Sewer System;
458. $250,000 for the City of Skagway, Alaska for
water system upgrades;
459. $425,000 for the City of Wrangell, Alaska for
water and sewer upgrades;
460. $800,000 for the City of Nome, Alaska for
water and sewer upgrades for Old Federal Building;
461. $600,000 for the City of Seldovia, Alaska for
water and sewer upgrades;
462. $600,000 for the Fort Chafee Redevelopment
Authority in Barling/Fort Smith, Arkansas for water
infrastructure improvements;
463. $250,000 for City of Fayetteville, Arkansas
for wastewater infrastructure improvements;
464. $300,000 for the Santa Clara Valley Water
District, California for perchlorate groundwater clean-
up;
465. $300,000 for the Inland Empire Perchlorate
Task Force in California for the Wellhead Treatment of
Perchlorate Contaminated Wells;
466. $400,000 for the City of Santa Ana, California
for East and West Reservoir Upgrades;
467. $500,000 for the City of San Jose, California
for North San Pedro water and sewer infrastructure
improvements;
468. $500,000 for the City of Eureka, California
for the Martin Slough Interceptor Project;
469. $200,000 for the Metropolitan Water District
of Southern California for the City of Ontario Final
Design for Wellhead Treatment for Perchlorate and
Nitrate;
470. $400,000 for the City of Laguna Beach,
California for wastewater infrastructure improvements;
471. $300,000 for the City of Trinidad, Colorado
for the Trinidad Wastewater Improvement Project;
472. $250,000 for the Town of Bayfield, Colorado
for the construction of a water storage tank;
473. $250,000 for the Mancos Water Conservancy
District, Mancos, Colorado for water supply facility
renovation;
474. $250,000 for the Town of Idaho Springs,
Colorado for water distribution facility renovation;
475. $250,000 for the Town of Eldorado Springs,
Colorado for improving wastewater treatment;
476. $950,000 for Ouray, Colorado for water
infrastructure improvements;
477. $250,000 for Jefferson County, Colorado for
stormwater collection system improvements;
478. $300,000 for the City of Bristol, Connecticut
for water infrastructure improvements;
479. $300,000 for the Town of East Hampton,
Connecticut for drinking water infrastructure
improvements;
480. $250,000 for Stamford, Connecticut for a
waste-to-energy project;
481. $250,000 for the City of Wilmington, Delaware
for wastewater infrastructure improvements;
482. $250,000 for the Town of Ocean View, Delaware
for wastewater infrastructure improvements;
483. $300,000 for Key West, Florida for stormwater
infrastructure improvements;
484. $300,000 for the South Florida Water
Management District Lake Region Water Treatment Plant
for water infrastructure improvements;
485. $250,000 for the Southwest Florida Water
Management District in Tampa, Florida for the Tampa Bay
Regional Reclaimed Water project;
486. $250,000 to City of Atlanta, Georgia for the
west area combined sewer project;
487. $250,000 to City of Eatonton, Georgia for
wastewater infrastructure improvements;
488. $250,000 to City of Forsyth, Georgia for
wastewater infrastructure improvements;
489. $250,000 for the State of Hawaii for upgrade
and expansion of the Sand Island Wastewater Treatment
Plant;
490. $1,000,000 for wastewater infrastructure
improvements in Hawaii, to be distributed: $500,000 to
the County of Hawaii and $500,000 to the Housing and
Community Development Corporation of Hawaii;
491. $2,000,000 for the City of Burley, Idaho, to
continue work on a Wastewater Treatment System Project;
492. $1,000,000 for the City of Pocatello, Idaho,
for Day Street Division Water System Improvements;
493. $500,000 for the City of Effingham, Illinois
for drinking water infrastructure improvements;
494. $500,000 for the City of Monmouth, Illinois
for wastewater infrastructure improvements;
495. $500,000 for the Village of Olympia Fields,
Illinois for wastewater infrastructure improvements;
496. $500,000 for the Village of Franklin Park,
Illinois for water and wastewater infrastructure
improvements;
497. $1,000,000 for the City of Marion, Indiana for
the Marion Water Loop and Deer Creek Project;
498. $100,000 for the City of Southport, Southport/
Marion County, Indiana for downtown infrastructure and
drainage improvements;
499. $500,000 for the City of Fort Madison, Iowa
for the Water Treatment Plant Improvements;
500. $500,000 for the City of West Burlington for
the Iowa Army Ammunition Plant Improvements;
501. $1,500,000 for the City of Ottumwa, Iowa for
the separation of combined sewers;
502. $500,000 for the City of Davenport, Iowa for
water infrastructure improvements;
503. $1,000,000 for the City of Abilene, Kansas for
construction of a wastewater treatment plant;
504. $1,500,000 for the City of Hutchinson, Kansas
for groundwater remediation and treatment projects;
505. $2,000,000 for the City of Bowling Green,
Kentucky, for the South Central Kentucky Water
Infrastructure Project;
506. $750,000 for the Hardin County Water District
No. 2 in Hardin County, Kentucky for a Water Quality
Assurance Plan and System Improvements Projects;
507. $500,000 for the City of Elkton, Kentucky, for
the City of Elkton Sewer Plant Expansion and Sewer Line
Extension Project;
508. $250,000 for Breckinridge County, Kentucky for
water infrastructure improvements;
509. $250,000 for Bullitt County, Kentucky for
wastewater infrastructure improvements;
510. $250,000 for Calloway County, Kentucky for the
City of Hazel Wastewater System;
511. $250,000 for Cadiz-Trigg County, Kentucky for
water infrastructure improvements;
512. $250,000 for Marshall County, Kentucky for
drinking water infrastructure improvements;
513. $600,000 for Rapides Parish, Louisiana for
wastewater infrastructure improvements;
514. $400,000 for St. Charles Parish, Louisiana for
wastewater infrastructure improvements;
515. $400,000 for Jefferson Parish, Louisiana for
water and wastewater infrastructure improvements;
516. $400,000 for the City of Bastrop, Louisiana
for wastewater infrastructure improvements;
517. $400,000 for the City of Hammond, Louisiana
for wastewater infrastructure improvements;
518. $400,000 for the City of Grand Isle, Louisiana
for drinking water infrastructure improvements;
519. $450,000 for the Greater Limestone Wastewater
Treatment Facilities in Maine to consolidate and
replace antiquated wastewater collection and treatment
facilities at the Loring Development Authority [LDA]
and Caribou Utilities District [CUD];
520. $250,000 for the Indian Township Tribal
Government in Maine for the first phase for expansion
of current lagoon system to provide adequate capacity;
521. $300,000 for the Town of Machias, Maine for
replacement of sewers and completion of deficiencies at
existing aging wastewater treatment plant;
522. $250,000 for Chesapeake Beach, Maryland, for
wastewater infrastructure improvements;
523. $250,000 for Indian Head, Maryland, for
wastewater infrastructure improvements;
524. $500,000 for Elkton, Maryland, for wastewater
infrastructure improvements;
525. $250,000 for Hurlock, Maryland, for wastewater
infrastructure improvements;
526. $750,000 for Kent Island, Maryland, for
wastewater infrastructure improvements;
527. $250,000 for Easton, Maryland, for wastewater
infrastructure improvements;
528. $750,000 for Cumberland, Maryland, for
wastewater infrastructure improvements;
529. $500,000 for Frostburg, Maryland, for
wastewater infrastructure improvements;
530. $250,000 for Brunswick, Maryland, for
wastewater infrastructure improvements;
531. $250,000 for Bristol County, Massachusetts for
the Bristol County Combined Sewer Overflow Abatement
Project;
532. $250,000 for the Pioneer Valley Planning
Commission in Massachusetts for combined sewer overflow
abatement in the Connecticut River;
533. $1,000,000 for the City of Benton Harbor,
Michigan for water infrastructure improvements;
534. $500,000 for Seney Township, Michigan for
sewer infrastructure improvements;
535. $500,000 for the City of Saginaw, Michigan for
sewer infrastructure improvements;
536. $1,000,000 for the Macomb County Department of
Public Works, Michigan for sewer infrastructure
improvements;
537. $150,000 to Minnesota State University in
Moorhead for water infrastructure improvements;
538. $300,000 to the City of Duluth, Minnesota for
wastewater infrastructure improvements;
539. $300,000 to the City of Minneapolis, Minnesota
for combined sewer overflow improvements;
540. $250,000 for the City of Duluth and Western
Lake Superior Sanitary District in Duluth, Minnesota
for wastewater infrastructure improvements;
541. $500,000 for Tchula, Mississippi for water and
sewer infrastructure improvements;
542. $500,000 for the City of Brookhaven,
Mississippi for wastewater infrastructure improvements;
543. $500,000 to the City of Sherman, Mississippi
for water and sewer infrastructure improvements;
544. $1,300,000 to the City of Oxford, Mississippi
for water and sewer infrastructure improvements;
545. $750,000 to City of Forest, Mississippi for
water and sewer infrastructure improvements;
546. $250,000 to the Town of French Camp,
Mississippi for water and sewer infrastructure
improvements;
547. $1,500,000 to Kansas City, Missouri for water
and wastewater infrastructure;
548. $687,500 to the City of Joplin, Missouri for
the final phase of the Crossroads Parallel Sewer
project;
549. $1,312,500 to the City of Milan, Missouri for
the Milan Water Quality Treatment Project;
550. $1,000,000 to the Clarence Cannon Wholesale
Water Commission to expand the existing water treatment
capacity from 5 million gallons to 7.5 million gallons
per day and to include connecting the Macon County PWSD
#1 and the City of Wellsville, Missouri to the CCWWC
transmission system;
551. $1,000,000 to the Environmental Resources
Coalition in Missouri to mitigate point source
pollution issues in distressed communities that border
Table Rock Lake;
552. $1,000,000 to the City of Springfield,
Missouri for wastewater treatment plant improvements
including the design and construction of infrastructure
for removal of nitrogen from the treated wastewater
effluent and improved anaerobic digester facilities
that treat solids from the wastewater;
553. $1,000,000 for the City of Bozeman, Montana,
for water infrastructure improvements;
554. $1,000,000 for the Missouri River Water
Project, Helena, Montana for a water treatment project;
555. $500,000 for the City of Glasgow, Montana for
water infrastructure improvements;
556. $750,000 for the Seeley Lake Sewer District,
Montana for wastewater infrastructure improvements;
557. $900,000 for the City of Omaha, Nebraska for
the construction of combined sewer separation systems;
558. $350,000 for the City of Lincoln, Nebraska to
upgrade the Theresa Street and Northeast Wastewater
Treatment plants;
559. $400,000 for Las Vegas Valley Water District/
Searchlight, Nevada for water infrastructure
improvements;
560. $400,000 for Clark County Reclamation
District/Searchlight, Nevada for wastewater
infrastructure improvements;
561. $250,000 for the City of Reno, Nevada for
sewer infrastructure improvements;
562. $300,000 for the Spanish Springs Nitrate
Removal Project in Nevada;
563. $200,000 for the North Valley Lemmon
Artificial Recharge Project in North Lemmon Valley,
Nevada for water infrastructure improvements;
564. $250,000 for the Virgin Valley Water District,
Nevada for water infrastructure improvements;
565. $200,000 for Carson City, Nevada for reservoir
lining;
566. $600,000 for the Berlin Waterworks in Berlin,
New Hampshire for drinking water distribution system
improvements;
567. $400,000 for the Nashua Combined Sewer
Overflow project in Nashua, New Hampshire for CSO
treatment and abatement;
568. $400,000 for the New Hampshire Department of
Environmental Services to develop a septage treatment
facility based at the wastewater treatment facility in
Franklin, New Hampshire;
569. $200,000 for Troy, New Hampshire for a
wastewater and water improvement program;
570. $400,000 for the Manchester Combined Sewer
Overflow project in Manchester, New Hampshire;
571. $200,000 for the Rochester, New Hampshire
Route 108 sewer line extension;
572. $150,000 for Somersworth, New Hampshire for
the sewerage improvement program to provide upgrades to
the wastewater treatment plant;
573. $200,000 for Bristol, New Hampshire for
wastewater system improvements;
574. $150,000 for Milton, New Hampshire for a water
storage tank replacement project;
575. $600,000 for Town of Exeter, New Hampshire for
water treatment plant replacement;
576. $500,000 for the Township of Parsippany-Troy
Hills in New Jersey for water infrastructure
improvements;
577. $1,250,000 for the City of Bayonne, New Jersey
for water and wastewater infrastructure improvements;
578. $1,600,000 for the City of Albuquerque and
County of Bernalillo, New Mexico, for the Valley
Utilities Project;
579. $1,000,000 for the City of Espanola, New
Mexico, for water and wastewater treatment
infrastructure;
580. $900,000 for the City of Kirtland, New Mexico,
for Phase 1 of a sewer system project;
581. $500,000 for the Village of Los Lunas, New
Mexico, for the interceptor sewer line project;
582. $250,000 for the City of Clovis, New Mexico
for wastewater infrastructure improvements;
583. $400,000 for the Town of Babylon, New York for
the Oak Beach Park Stormwater Management Project;
584. $300,000 for Orange County Water Authority,
Goshen, New York for wastewater infrastructure
improvements;
585. $300,000 for the Town of Plattsburg, New York
for wastewater infrastructure improvements;
586. $500,000 for Washington County, North Carolina
sewer improvements;
587. $600,000 for the City of Mooresville, North
Carolina for water infrastructure improvements;
588. $1,000,000 for the City of Grafton, North
Dakota for the Grafton Water Treatment Plant;
589. $500,000 for the City of Devils Lake, North
Dakota for water infrastructure improvements;
590. $250,000 for the City of Riverdale, North
Dakota for the Riverdale Regional Water Treatment
Facility;
591. $250,000 for Dickey Rural Water Users
Association in Southeast, North Dakota for the
Southeast Regional Expansion Project;
592. $250,000 for the City of Mandan, North Dakota
for drinking water infrastructure improvements;
593. $300,000 for the Muskingum Watershed
Conservancy District, Carroll County, Ohio for the
Atwood Conference Center Water Treatment Plant
Improvements;
594. $500,000 for the Village of Racine, Meigs
County, Ohio for water treatment plant improvements;
595. $750,000 for the City of Celina, Ohio for the
Water Treatment Plant Project;
596. $400,000 for City of Akron, Ohio for Combined
Sewer Overflow Improvements Project;
597. $300,000 for City of Parma, Ohio for City
Sewer Replacement Project;
598. $200,000 for Defiance County Commissioners,
Defiance and Paulding Counties, Ohio for Auglaize River
Sewer Project;
599. $175,000 for Jefferson County Water and Sewer
District, Jefferson County, Ohio for Crestview/
Belvedere Sewer Project;
600. $175,000 for Tri-County Rural Water and Sewer
District, Washington, Morgan and Noble Counties, Ohio
for Tri-County/Noble County Water Interconnect Project;
601. $100,000 for City of Delphos, Allen, Putnam
and Van Wert Counties, Ohio for Tri-County Regional
Water System Project;
602. $100,000 for Village of Corning, Ohio for
Wastewater System Improvements Project;
603. $250,000 for City of Warrenton, Oregon for
continued work on the municipal water outfall;
604. $250,000 for City of Rainier, Oregon for a
wastewater treatment plant;
605. $250,000 for City of Coquille, Oregon for a
wastewater treatment plant;
606. $250,000 for Klamath Falls, Oregon for
preliminary work on wastewater treatment improvements;
607. $300,000 for the City of Coburg, Oregon for
wastewater infrastructure improvements;
608. $300,000 for the City of Rainier, Oregon for
wastewater infrastructure improvements;
609. $200,000 for the Municipality of Penn Hills,
Pennsylvania, for the Madison Avenue Storm Sewer
Project;
610. $200,000 for the Nesquehoning Borough
Authority, Carbon County, Pennsylvania, for a water
main replacement;
611. $200,000 for the Mercer County Regional
Council of Governments, Pennsylvania, for the Shenango
Valley Sewer/Water Improvement Project;
612. $200,000 for the Berwick Industrial
Development Association, Berwick, Pennsylvania, for the
sanitary storm water system;
613. $200,000 for the City of Johnstown,
Pennsylvania for water and sewer improvements at the
Point Stadium multi-use facility;
614. $1,500,000 for the Three Rivers Wet Weather
Demonstration program in Allegheny County, Pennsylvania
to develop innovative, cost-effective solutions to
assist municipalities to eliminate sewer overflows;
615. $250,000 for the Derry Township Municipal
Authority in Hershey, Pennsylvania for wastewater
treatment plant upgrades;
616. $250,000 for the Mercer County Sanitary Sewer
and Water Treatment project in the City of Hermitage,
City of Sharon, and Borough of Sharpsville,
Pennsylvania;
617. $250,000 for the City of Lancaster,
Pennsylvania for water infrastructure improvements;
618. $250,000 for the Newport Borough Sewer
Authority in Newport, Pennsylvania for storm and sewer
water separation;
619. $250,000 for the York City Sewer Authority in
York, Pennsylvania for wastewater collection system
improvements;
620. $250,000 for Pocono Township in Tannersville,
Pennsylvania for the Route 611 Corridor sewer line
construction;
621. $250,000 to the Shannock Water District, Rhode
Island for water infrastructure improvements;
622. $250,000 to the Lincoln Water Commission,
Rhode Island for water infrastructure improvements;
623. $250,000 to the Pawtucket Water Supply Board,
Rhode Island for water infrastructure improvements;
624. $250,000 to the Town of North Kingstown, Rhode
Island for water infrastructure improvements;
625. $1,000,000 for the Narragansett Bay
Commission, Rhode Island for combined sewer overflow
infrastructure improvements;
626. $500,000 for the City of Newport, Rhode Island
for water infrastructure improvements;
627. $500,000 for the Town of Warren, Rhode Island
for sewer infrastructure improvements;
628. $250,000 for Charleston CPW, Charleston, South
Carolina for a Wastewater Tunnel Replacement Project;
629. $250,000 for Kershaw County, Kershaw, South
Carolina for the I-20 Corridor Infrastructure Project-
Waste Water Treatment Plant Expansion;
630. $800,000 for the Chester Sewer District, South
Carolina for water and wastewater infrastructure
improvements;
631. $1,000,000 for Kershaw County, South Carolina
for wastewater infrastructure improvements;
632. $1,500,000 for the City of Huron, South Dakota
for water infrastructure improvements;
633. $600,000 for the Green Valley Sanitary
District, South Dakota for water infrastructure
improvements;
634. $400,000 for the City of Tyndal, South Dakota
for water infrastructure improvements;
635. $300,000 for Milbank, South Dakota, for
wastewater infrastructure improvements;
636. $300,000 for Sisseton, South Dakota, for
stormwater improvements;
637. $750,000 for the City of Pikeville and Bledsoe
County, Pikeville, Tennessee for water infrastructure
improvements;
638. $500,000 for the Watauga River Regional Water
Authority, Carter County, Tennessee for planning and
construction of regional water infrastructure
facilities;
639. $750,000 for the Walden's Ridge Water System,
Hamilton County, Tennessee for water infrastructure
improvements;
640. $500,000 for the San Antonio Water System,
Texas for water infrastructure improvements at
KellyUSA;
641. $650,000 for the Lower Rio Grande Morillo
Drain Rehabilitation project in the Lower Rio Grande
Valley of Texas;
642. $800,000 for the Canyon Lakes Water Reuse
Project in Lubbock, Texas for construction related
costs to the water system infrastructure;
643. $350,000 for the Abilene Brekenridge Reservoir
project in Abilene, Texas for drinking water
infrastructure;
644. $400,000 for the Pharr Wastewater Collection
System in Pharr, Texas to update the wastewater system
infrastructure;
645. $300,000 for the City of Brekenridge, Texas
wastewater and sewer infrastructure project;
646. $500,000 for the City of Hillsboro, Texas
wastewater and sewer infrastructure project;
647. $1,250,000 for the Town of Colchester, Vermont
for wastewater infrastructure improvements;
648. $1,000,000 for the Town of Waitsfield, Vermont
for wastewater infrastructure improvements;
649. $400,000 for the Fairfax County Water
Authority, Virginia for the drinking water
infrastructure improvements associated with the
Electric Reliability project;
650. $300,000 for Caroline County, Virginia for the
Dawn Wastewater Treatment project;
651. $400,000 for the City of Norfolk, Virginia for
the Norfolk Sewer and Water Infrastructure Replacement;
652. $300,000 for the City of Holladay, Utah, for
water infrastructure improvements associated with the
Wayman Storm Drain Project;
653. $500,000 for the Magna Water Company an
Improvement District, Magna, Utah, for water
infrastructure improvements associated with the
perchlorate & arsenic treatment plant;
654. $400,000 for the City of Logan, Utah for water
infrastructure improvements;
655. $400,000 for Park City, Utah for water
infrastructure improvements associated with the Judge
and Spiro Tunnel treatment plant;
656. $400,000 for the City of Riverton, Utah for
water infrastructure improvements;
657. $400,000 for the City of Orem, Utah for water
infrastructure improvements;
658. $100,000 for the Jordan Valley Water
Conservancy District, Utah for the Groundwater
Extraction and Treatment Remedial Project;
659. $1,000,000 for Sandy City, Utah for drinking
water and storm water infrastructure improvements;
660. $400,000 for the City of Battle Ground,
Washington for sewer infrastructure improvements;
661. $750,000 for the Port of Walla Walla,
Washington for the Burbank Water System improvements;
662. $500,000 for the City of Kennewick, Washington
for drinking water infrastructure improvements;
663. $500,000 for Skamania County Public Utilities
District in Carson, Washington for water infrastructure
improvements;
664. $250,000 for Squaxin Island Tribe in Shelton,
Washington for water and wastewater infrastructure
improvements;
665. $1,000,000 for the Milwaukee Metropolitan
Sewerage District in Wisconsin for sewer infrastructure
improvements;
666. $1,000,000 for the City of Racine, Wisconsin
for water infrastructure improvements; and
667. $600,000 for the City of Sun Prairie,
Wisconsin for water and wastewater infrastructure
improvements.
ADMINISTRATIVE PROVISIONS
The conferees have again this year included an
administrative provision giving the Administrator specific
authority to, in the absence of an acceptable tribal program,
award cooperative agreements to federally recognized Indian
Tribes or Intertribal consortia so as to properly carry out
EPA's environmental programs.
The conference agreement includes a provision that allows
EPA to collect certain pesticides fees authorized last year.
The conferees have rejected the President's proposal to
reinstate fees prohibited by the same Act and are concerned
that EPA is needlessly spending time proposing fees and
promulgating rules when other more productive pesticide work
could be completed.
The conferees have again this year, included a provision
that for fiscal year 2005 extends the eligibility of brownfield
grant recipients to those who purchased properties prior to the
enactment of the Small Business Liability Relief and Brownfield
Revitalization Act of 2001. The conferees have not included a
provision that would permit the use of certain brownfield grant
funds for administrative costs, as the Senate had proposed.
In addition the conferees included a provision, as
proposed by the House, which authorizes the agency to collect
and use the non-federal share of the cost of the Great Lakes
Legacy Act projects.
The conferees did not include a provision proposed by the
Senate to provide special personnel authority for the Office of
Research and Development.
Finally, the conference agreement does not include the
provision proposed by the Senate to require EPA to reformat its
budget justification; however, the conferees urge EPA to
continue its current budget justification reformatting process.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Appropriates $6,379,000, which is $702,000 below the
House and the Senate. The reduction reflects a cost decrease,
at OSTP's request, for security related expenses that are no
longer necessary.
The conferees direct OSTP to assess the cost and manner
in which all federally funded agencies and entities award and
pay science grants and stipends. The conferees understand that
OSTP is currently conducting a similar review. To the extent
there are differences between OSTP's review and the
requirements in this report language, the conferees direct OSTP
to incorporate the additional requirements as part of OSTP's
review. OSTP is directed to consult with the House and Senate
Committees on Appropriations on this assessment.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
Appropriates $3,284,000 as proposed by the House and the
Senate. The conference agreement also includes a transfer of
$1,000,000 to the Office of Environmental Quality Management
Fund, with which the conferees direct CEQ, in coordination with
the U.S. Fish and Wildlife Service and other agencies as
appropriate, to contract with the National Academy of Sciences
within 60 days of enactment to conduct a study of the
environmental, including landscape/viewshed, impacts of wind
energy projects in the Mid-Atlantic Highlands. This study is to
conclude with appropriate recommendations, such as viewshed and
other criteria, regarding the siting of wind turbines in the
Mid-Atlantic Highlands and should be submitted to the
Committees no later than December 2005.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
Appropriates $30,125,000 for the Office of Inspector
General, as proposed by the House instead of $30,625,000 as
proposed by the Senate. Funds for this account are derived from
the Bank Insurance Fund, the Savings and Loan Insurance Fund,
and the FSLIC Resolution Fund and are therefore not reflected
in either the budget authority or budget outlay totals.
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
Appropriates $14,907,000 as proposed by the House and the
Senate.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriates $1,500,000 for the United States Interagency
Council on Homelessness as proposed by the House and the
Senate.
National Aeronautics and Space Administration
The joint explanatory statement of the managers herein
reflects the agreement of the conferees on NASA programs and
activities. The operative funding levels for programs and
activities are those funding levels specified in this joint
explanatory statement of the managers. Where no funding level
is specified, NASA is directed to make a final determination of
funding level for fiscal year 2005 and is required to notify
the Congress under the established operating plan procedures of
the Committees on Appropriations of the House and Senate. The
conferees direct NASA not to charge any administrative expenses
to congressionally directed spending on specific projects.
These costs should be absorbed within the funding provided.
The conferees note that the House had requested a report
from NASA documenting the reconciliation and correction of
discrepancies between NASA's fund balance and the U.S.
Treasury's reported balances as of September 30, 2003. NASA has
not yet satisfied the reporting requirement specified in the
House report, even though the report was due on September 30,
2004, over 45 days ago. NASA is directed to expeditiously
complete the requested report and formally submit it to the
Committees on Appropriations of the House and Senate. Included
in the report should be an explanation of any outstanding
discrepancies and potential remedies.
As part of the proposed exploration vision, NASA will
begin to phase-out existing programs in order to accommodate
the vision. These plans must be clearly identified in order for
NASA to smoothly transition older programs to make way for
missions associated with the vision. As part of this process,
the conferees direct NASA to include in all future budget
justifications the phase-out schedules and any out-year
termination dates of its programs.
The conferees direct the National Academy's Space Studies
Board to conduct a thorough review of the science that NASA is
proposing to undertake under the spaceexploration initiative
and to develop a strategy by which all of NASA's science disciplines,
including Earth science, space science, and life and microgravity
science, as well as the science conducted aboard the International
Space Station, can make adequate progress towards their established
goals, as well as providing balanced scientific research in addition to
support of the new initiative. This study should be completed no later
than March 15th, 2005.
The conferees have included substantial funding for the
space exploration initiative, but to date there has been no
substantive Congressional action endorsing the initiative. The
conferees note that the initiative is a very long-term endeavor
and will require tens of billions of dollars over the next two
decades. As such, the initiative deserves and requires the
deliberative benefit of the Congress. To this end, the
conferees call upon the appropriate Committees of jurisdiction
of the House and Senate for action to specifically endorse the
initiative and provide authorization and guidance. NASA is
directed to forward a comprehensive package of authorization
legislation for consideration by the 109th Congress.
The conferees are concerned that the current
implementation plans for the new vision do not properly address
the requirements for the heavy lift capability that may be
necessary to carry out the space exploration initiative. A
complete review of such plans must be conducted prior to
embarking fully upon the implementation of the initiative. In
order to assess heavy lift capability needs, NASA shall report
to the Committees on Appropriations of the House and Senate, no
later than 180 days from the date of enactment of this Act,
regarding NASA's heavy lift capability needs and plans to meet
those needs immediately and in the future. NASA is encouraged
to look at concepts currently being developed in the Falcon
program with DARPA that could have an impact on future heavy
lift program development.
The conferees are concerned about the implications of
full cost accounting procedures on the operation of NASA's wind
tunnels. Rates charged to U.S. airframe, engine and component
manufacturers are significantly higher than facilities in
Europe. The conferees are concerned that the impact of such
high fees will drive U.S. companies and jobs overseas and
result in the closing of NASA's wind tunnels. Therefore, the
conferees direct NASA to restructure the fees charged for use
of the agency's wind tunnels to make them competitive with
rates charged overseas and report back to the Committees on
Appropriations of the House and Senate by March 1, 2005 on
their plan to restructure the fee system. Furthermore, the
conferees prohibit NASA from closing any wind tunnels during
fiscal year 2005.
The conferees agree with the direction in the Senate
report that NASA is to include the out-year budget impacts on
all operating plan proposals. The operating plan and all
resubmissions also shall include a separate accounting of all
program/mission reserves.
The conferees agree with the Senate direction that NASA
shall provide appropriate funds for the completion of the
current NAPA review of NASA's organizational, programmatic, and
personnel structures, including funds to review the recently
announced NASA organization transformation and the
recommendation contained in the Aldridge report for NASA to
consider conversion of some NASA centers to Federally Funded
Research and Development Centers.
The conferees are concerned that that sole source
contracting can stifle competition and discourage new
investment in space-related activities and should be avoided as
much as practicable. The conferees direct NASA to submit to the
Committees on Appropriations of the House and Senate, each
intention by NASA to enter into a sole source contract no later
than 10 days before a contract is awarded; this requirement
shall apply to all new contracts and contract modifications of
more than $500,000 where a new contractor is involved or a new
activity is added to an existing contract.
The conferees agree that from within the funding
provided, $291,000,000 is to be used for a servicing mission to
the Hubble Space Telescope. The conferees believe a successful
servicing mission to Hubble should be one of NASA's highest
priorities and have provided a substantial increase in funding
to accomplish this goal. The conferees direct NASA to report to
the Committees on Appropriations of the House and Senate on the
status of their plan to service Hubble and the recommendations
of the National Academy of Sciences within 90 days of enactment
of this Act.
Finally, the conferees note that NASA has requested and
the conferees have provided unrestrained transfer authority
between the Exploration Capabilities account and the Science,
Aeronautics, and Exploration account. The conferees have taken
this action because NASA needs flexibility as it completes its
transition to full cost accounting. While this transfer
authority can be used for purposes other than addressing full
cost accounting issues, NASA is cautioned to do so with
restraint.
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
Appropriates $7,742,550,000 for science, aeronautics and
exploration, instead of $7,621,169,000 as proposed by the House
and $7,936,500,000 as proposed by the Senate. The Senate
proposal included $200,000,000 in emergency funding.
The Federal investments in aeronautics research and
development have delivered countless economic and societal
benefits to the nation over the years. Challenges in dealing
with the projected growth in air traffic as well as the need to
reduce significantly the adverse environmental impacts of
future aircraft will require that NASA remain deeply engaged in
aeronautics research and development. The conferees direct NASA
to develop a prioritized set of aeronautics goals through 2020,
along with the annual funding requirements associated with
achieving each goal. The plan should be provided to the
Committees within 120 days. As part of NASA's investments in
this area, the conferees direct NASA to provide $25,000,000 for
Intelligent Propulsion System Foundation Technologies
(Propulsion 21) to continue research by the existing coalition
of NASA, state government, industry, and academia.
The conferees have included $28,200,000 for the National
Space Grant College and Fellowship program. This amount is an
increase of $9,100,000 to the fiscal year 2005 budget request.
The amount provided will fund 40 states at $575,000 each and 12
states at $350,000 each as well as $1,000,000 for
administrative expenses.
The conferees have included $12,000,000 for the
Experimental Program to Stimulate Competitive Research
(EPSCoR). The amount provided is $7,400,000 above the budget
request of $4,600,000 and will fund the fourth year of current
five-year research grants.
The conferees note the overall success of the Science,
Engineering, Mathematics and Aerospace Academies program and
direct NASA to fund the core program at no less than $4,800,000
in fiscal year 2005.
The conferees have provided $10,000,000 for the Lunar
Reconnaissance Orbiter [LRO], a reduction of $60,000,000 from
the budget request. NASA should continue with its announcement
of opportunity for scientific instruments with these funds.
However, in establishing the criteria for instrument selection,
not less than 25 percent of the LRO's scientific
instrumentation funding should be explicitly dedicated to
building instruments focused solely on answering basic science
questions. The conferees are concerned that the lunar
measurement investigations to be carried out by the LRO
mission, intended to characterize future robotic and human
lunar landing sites, will forgo the opportunity for research
and focus only on applied engineering assessments. The current
proposed announcement of opportunity focuses solely on the
human exploration objectives of the potential mission. Since
the LRO is allocated against NASA's space science budget, the
conferees believe that fundamental lunar science questions
should be addressed in a significant fashion through
instruments on this spacecraft. The conferees encourage NASA,
as part of the LRO development, to consider the research
instrumentation opportunities as well as technology
qualification, navigation and communications capabilities, and
resource identification technologies to maximize the
opportunities of this first lunar mission.
The conferees share the concern of the Senate with regard
to the proposed reductions to the Living With a Star [LWS]
program and provide $681,100,000 for the program. To meet the
original goals of the LWS program, which the Congress has
endorsed, the conferees are providing an additional $35,000,000
for the LWS theme in 2005 to be allocated as follows:
$5,000,000 for the solar probe mission; $15,000,000 to begin
implementation of Geospace and $5,000,000 for preliminary
studies of solar sentinels; and $10,000,000 for Solar
Terrestrial Probes for continued development of the
Magnetospheric Multiscale (MMS) mission. Furthermore, the
conferees agree with the Senate direction that NASA is to
develop a plan to guarantee launch of Geospace and Solar
Dynamic Observatory within one year of each other with solar
sentinels to follow in a reasonable time thereafter.
The conferees agree to provide $2,000,000 for
establishment of a NASA program office at the Applied Physics
Laboratory [APL] for the purpose of administering all existing
contracts between NASA and APL, including those under the LWS
Program. The APL program office will report directly to the
Associate Administrator for Science.
The conferees agree with the Senate direction that NASA
is directed to undertake a detailed study of the feasibility
for a New Horizons II mission, to be launched within the near-
term, if the study results can justify the scientific return
for such a follow-on mission, at a price considerably less than
the original New Horizons mission. Such a study should have its
results submitted to the Committee on Appropriations by April
15, 2005.
The conferees do not agree with the direction in the
Senate report calling for the transfer of 10 FTE from the
Office of the Associate Administrator for Science to the NASA
field centers responsible for management of the Discovery and
New Frontiers programs. NASA is directed to expeditiously
address the concerns raised in the Senate report.
The conferees direct NASA to select competitively some of
the scientific instruments for the Terrestrial Planet Finder
mission as directed by the Senate. The conferees provide
$15,000,000 for this effort.
The conferees agree to an increase of $15,000,000 above
the President's request for fiscal year 2005 for the NASA Earth
Science Applications Program. This funding increase will be
used to support competitively-selected applications projects.
These projects will integrate the results of NASA's earth
observing systems and earth system models (using observations
and predictions) into decision support tools to serve
applications of national priority including, but not limited
to, Homeland Security, Coastal Management, Agriculture
Efficiency, Water Management and Disaster Management.
The conferees are supportive of continuation of the ECS/
EMD Synergy Program, reflecting the success of NASA's EOS Data
Information System [EOSDIS] and its core system [ECS]. The
conferees are providing $15,000,000 for Synergy in fiscal year
2005 with $1,500,000 for the Battelle Pacific Northwest
Laboratory's Infomart; not more than $1,500,000 to support the
transition of Synergy Infomart activities to the ESE
Application Division to be administered through a Cooperative
Agreement [CAN] that will focus these funds toward meeting the
needs of State, local and tribal governments; and $12,000,000
through the EOSDIS Maintenance and Development Contract to
support an extension of the Synergy Data Pools to improve data
distribution to climate change models, expansion of data
distribution to the user community and development of a pilot
project using grid computing technology.
The conferees remain supportive of NASA's Columbia
Project to upgrade its supercomputing capacity, but insists
that NASA's total supercomputing capability should not reside
at one location to protect the Agency from a potential single
point of failure for mission critical and safety of flight
analyses. Therefore, the conferees have provided $5,000,000
from within funds projected for the Columbia project to upgrade
the Goddard Space Flight Center's Center for Computational
Science [NCCS] to guarantee that it serves as NASA's backup
supercomputing center with tier 1 system backup and disaster
recovery functions, including full transfer capability in the
event of a failure of the principal supercomputer facility.
Based on the success of the X-43 program, the conferees
are providing $25,000,000 to continue design work being
conducted for the X-43c as a follow-on to the X-43a program.
The conferees encourage joint NASA and Air Force cooperation
and collaboration in advancement of aeronautics technologies in
the National interest.
The conferees agree to the following specific funding
increases in addition to any increases mentioned above:
Space Science
An increase of $250,000 for the Detroit Science Center;
An increase of $150,000 for the Coca-Cola Space Science
Center in Columbus, Georgia to support the Space Science
Center;
An increase of $2,100,000 for continued development of a
lightweight carrier pallet to increase NASA's payload capacity
for space shuttle servicing missions;
An increase of $500,000 for the Sacramento Space Science
Center at California State University;
An increase of $1,000,000 for telescope construction at
the Pisgah Astronomical Research Center;
An increase of $1,000,000 for University of Idaho for
RTULP Electronics for Space Applications;
An increase of $1,000,000 for Utah State University in
Logan, Utah for the Calibration Center;
An increase of $300,000 to the University of Missouri at
Rolla for the Advanced Millimeter Wave Inspection System
program;
An increase of $3,000,000 to New Mexico State University
for the ultra-long balloon program to augment planned flights
and technology development;
An increase of $1,500,000 to Montana State University to
purchase clean room systems and basic process equipment related
to the microdevice fabrication facility;
An increase of $1,000,000 for Texas Tech University
Experimental Sciences Initiative, Lubbock, Texas to promote
advanced and interdisciplinary research;
An increase of $1,000,000 to the Southern Methodist
University Multifab Facility in Dallas, Texas to develop
multifabrication manufacturing technology;
An increase of $1,000,000 to the University of Arkansas,
Fayetteville, Arkansas for the Arkansas-Oklahoma Center for
Space and Planetary Sciences;
An increase of $1,500,000 to Montana State University-
Bozeman for the Center for Studying Life in Extreme
Environments;
An increase of $2,500,000 to Marshall University in
Bridgeport, West Virginia for the continuation of NASA related
composites workforce development training at the Composites
Technology Institute; and
An increase of $1,750,000 to the University of Maryland,
Baltimore County for photonics research.
Earth Science
An increase of $500,000 to the Friends of the Museum of
Natural Sciences in Raleigh, North Carolina for NASA Earth
Science integration planning;
An increase of $500,000 for continuation of emerging
research that applies remote sensing technologies to forest
management practices at the State University of New York,
College of Environmental Sciences and Forestry;
An increase of $1,000,000 for the Advanced Interactive
Discovery Environment engineering research program at Syracuse
University;
An increase of $3,000,000 for the Regional Application
Center for the Northeast;
An increase of $15,900,000 for the Institute for
Scientific Research, Inc. for development and construction of
research facilities;
An increase of $1,500,000 for on-going activities of the
Goddard Institute for Systems, Software, and Technology
Research, including mission design tools, Earth Science
analysis, and remote sensing instrumentation development;
An increase of $1,000,000 for the Goddard Space Flight
Center's Clustering and Advanced Visual Environments
Initiative;
An increase of $1,000,000 for the University of San
Francisco Center for Science and the Environment;
An increase of $500,000 for hyper spectral remote sensing
research and development at the Desert Research Institute;
An increase of $400,000 for Space Place;
An increase of $4,500,000 for the implementation of a
remote data storage capability at the NASA IV&V Facility.
Appropriated funds are for augmenting available data storage
capacities; expanding remote data storage capabilities to the
Goddard Space Flight Center and a second DAAC; and
communications, facility and integration services at the IV&V
Facility to support data backup, recovery, and on-line access
capabilities for the Goddard Space Flight Center (GSFC) ECS
program;
An increase of $3,000,000 to be transferred to the Air
Force Research Laboratory to begin development of miniature
synthetic radar technology;
An increase of $1,500,000 for Integrated Sensing Systems
at the Rochester Institute of Technology;
An increase of $3,500,000 for Little River Canyon Field
School;
An increase of $390,000 for Pearl River Community College
in Mississippi for remote sensing, geographic information
system and GPS training;
An increase of $1,000,000 for Idaho State University for
the Temporal Landscape Change Research program;
An increase of $3,000,000 for the University of Alaska
for weather and ocean research;
An increase of $1,000,000 to Utah State University in
Logan, Utah for the Intermountain region Digital Image Archive
and Processing Center;
An increase of $750,000 for the University of Northern
Iowa for the GeoTREE project;
An increase of $1,000,000 for the University of Texas
Mid-American Geospatial Information Center at the UT Center for
Space Research in Austin, Texas to continue information
collection through satellite imaging;
An increase of $500,000 to the Liberty Science Center,
Jersey City, New Jersey for the Hudson Harbor and Estuary
Ecological Learning Center;
An increase of $750,000 to the University of Connecticut
for the Center for Land Use and Education Research;
An increase of $750,000 to the University of Vermont,
Burlington for the Center for Advanced Computing;
An increase of $5,400,000 for the Wallops Island Flight
Facility to be used for developing a standard small launch
vehicle, universal FTS, doppler radar and launch modeling
laboratory;
An increase of $2,000,000 to the University of North
Dakota in Grand Forks for the Northern Great Plains Space
Sciences and Technology Center; and
An increase of $2,000,000 to upgrade the High End
Production Capability at the Goddard Space Flight Center to
improve climate and weather research capabilities.
Biological and Physical Research
An increase of $3,000,000 for space radiation research at
the Loma Linda University Medical Center;
An increase of $500,000 for the Northwestern University
Institute for Proteomics and Nanobiotechnology;
An increase of $400,000 for Musculoskeletal Simulator for
Injuries at the Cleveland Clinic;
An increase of $1,250,000 for the Michigan Research
Institute;
An increase of $600,000 to the MCNC-Research and
Development Institute (RDI) for continued funding for a
Laboratory for Distributed Chemical and Biological Sensors;
An increase of $500,000 for gravitational space biology
research at North Carolina State University;
An increase of $3,000,000 for the National Center of
Excellence in Bioinfomatics in Buffalo, New York;
An increase of $1,000,000 for the Central New York
Biotechnology Research Center in Syracuse, New York;
An increase of $900,000 for the State University of New
York Downtown Medical Center in Brooklyn, New York for the
Advanced Biotechnology Incubator project;
An increase of $1,500,000 to the University of Missouri
at Columbia for the National Center for Gender Physiology
studies on basic biomedical knowledge for the improvement of
life on earth and solution of problems in human space flight;
An increase of $5,000,000 to the Marshall Space Flight
Center for propulsion materials microgravity research;
An increase of $2,000,000 for the Alliance for
Nanohealth, Houston, Texas to purchase equipment and conduct
research on Nanotechnology and medicine;
An increase of $2,000,000 for the University of
Louisville Space Flight Exploration: The Impact on Perception,
Cognition, Sleep and Brain Physiology Project at the University
of Louisville in Louisville, Kentucky;
An increase of $1,000,000 to the National Technology
Transfer Center at Wheeling Jesuit University to transfer and
adapt the Walter Reed Army Medical Center's HealthForces
program, into medically underserved rural areas;
An increase of $1,000,000 to the State University of
Buffalo Center for Bioinformatics, Erie, New York;
An increase of $3,000,000 to the Inland Northwest Space
Alliance in Montana for the FreeFlyer program; and
An increase of $750,000 to the University of Montana in
Missoula, Montana for the National Space Privatization Program.
Aeronautics
An increase of $350,000 for Validated Probabilistic
Lifting Tools;
An increase of $500,000 for the Michigan Small Aircraft
Transportation System;
An increase of $3,000,000 for the Virginia Institute for
Performing Engineering and Research;
An increase of $700,000 to the Virtual Systems Laboratory
of the National Aviation Technology Center, School of Aviation,
Dowling College, New York;
An increase of $1,700,000 for the University of Toledo
Turbine Institute;
An increase of $600,000 to the Research Triangle
Institute, International for Synthetic Vision Systems/Combined
Vision Systems;
An increase of $2,100,000 for Research on Advanced
Wireless Communications for Airport Applications;
An increase of $2,700,000 to research Secure Automatic
Dependent Surveillance Broadcast (ADS-B) Surveillance data link
technology for enhanced aviation security and general aviation
airspace access;
An increase of $5,000,000 for Project SOCRATES;
An increase of $1,000,000 for the National Aviation
Technology Center at Dowling College, New York;
An increase of $500,000 for the development of an
Aircraft Radio Guidance System (ARGUS) utilizing a new radio
frequency interferometer that will provide two or three
dimensional navigation guidance for airborne, space or surface
vehicles;
An increase of $1,000,000 for the development of a
Research Flight Computing System in support of the NASA Dryden
Flight Research Center's Altair/Predator B UAV Technology
Demonstrator Project;
An increase of $7,500,000 for the Hydrogen Research
Initiative;
An increase of $1,000,000 to the Applied Polymer
Technology Extension Consortium for research on polymers;
An increase of $850,000 for the Florida Institute of
Technology in Melbourne, Florida for its Hydrogen, Fuel Cell &
Sensor Technology Initiative;
An increase of $2,300,000 to the University of Missouri
at Rolla for Aerospace Propulsion Particulate Emissions
Reduction Program;
An increase of $1,000,000 for the National Institute of
Aviation Research in Kansas for icing research;
An increase of $2,000,000 to Wichita State University in
Wichita, Kansas for the National Center for Advanced Materials
Performance for composite materials research;
An increase of $1,000,000 for the Glenn Research Center
for the National Center for Communications, Navigation and
Surveillance;
An increase of $4,000,000 for the Glenn Research Center
for the commercial technology program;
An increase of $1,000,000 to Iowa State University for
the Center for Nondestructive Evaluation; and
An increase of $3,000,000 to Chesapeake Information Based
Aeronautics Consortium.
Education
An increase of $500,000 to the State of Alabama for the
Alabama Math, Science, and Technology Initiative;
An increase of $250,000 for the Education Training Center
at the U.S. Space and Rocket Center;
An increase of $2,000,000 to the Educational Advancement
Alliance, to support the Alliance's K-12 math, science, and
technology education enrichment program;
An increase of $400,000 for Albany State University/
Darton College in Albany, Georgia for the Science, Engineering,
Math and Aerospace Academy program;
An increase of $250,000 for South Georgia Technical
College in Americus, Georgia for the Science, Engineering, Math
and Aerospace Academy program;
An increase of $250,000 for Albany State University in
Albany, Georgia for project `JumpStart' for a Math, Science
Education Enhancement program for pre-college students;
An increase of $250,000 for the Georgia Project/ABAC
College, Tifton, Georgia to implement a K-12 program for
Hispanic students in science, engineering, math and aerospace
in SW Georgia who struggle with English as a Second Language;
An increase of $400,000 for the University System of
Georgia--Board of Regents, Atlanta, Georgia for purchase and
implementation of a pre-testing software for math and science
educational and career-related standardized test;
An increase of $100,000 for Georgia Southwestern College
in Americus, Georgia for grants and scholarships in math and
science for students implemented through the Multicultural
Affairs Program;
An increase of $4,000,000 for a new Science Center at St.
Bonaventure's University in New York State;
An increase of $2,000,000 for the JASON Foundation;
An increase of $300,000 for a Science, Technology,
Engineering, and Mathematics Center at Tennessee Tech
University, Cookeville, Tennessee;
An increase of $250,000 for Hollins University for
upgrades to its science infrastructure;
An increase of $250,000 for the University of New England
Marine Science Center;
An increase of $500,000 for the Liberty Science Center;
An increase of $350,000 for Aerospace Education Center in
Cleveland, Ohio;
An increase of $200,000 for Morehouse College in Atlanta,
Georgia to support the technology center;
An increase of $1,000,000 for National Center for Air and
Space Law at the University of Mississippi;
An increase of $1,000,000 for Tennessee Technological
Institute for the development of a Challenger Learning Center;
An increase of $500,000 for the Christa McAuliffe
Planetarium in New Hampshire for the construction of the Alan
Shepard Discovery Center;
An increase of $500,000 to Southeast Missouri State
University for the NASA-ERC Initiative;
An increase of $1,000,000 to the Texas A&M Space
Engineering Institute in College Station, Texas to continue
minority engineering outreach in conjunction with NASA;
An increase of $1,000,000 to Northern Kentucky
University/University of Louisville for the Taking Astronomy to
the Schools Project at Northern Kentucky University in Campbell
County, Kentucky;
An increase of $750,000 for the US Space and Rocket
Center in Huntsville, Alabama for education training equipment
and the museum exhibit improvement program.
An increase of $250,000 for Sci-Quest, Northern Alabama
Science Center for the interactive immersive-reality science
laboratory;
An increase of $750,000 to the Delaware Aerospace
Education Foundation in Kent County, Delaware;
An increase of $500,000 to the Chabot Space and Science
Center in Oakland, California for The Future for Humans in
Space Education Program;
An increase of $250,000 for Dominican University, San
Rafael, California for the Center for Science and Technology
for science teacher training and education;
An increase of $250,000 to Rowan University, Pomona, New
Jersey for the Engineering and Technology Satellite Campus;
An increase of $250,000 to the Museum of Science and
Industry in Chicago, Illinois for the Henry Crown Space Center;
An increase of $250,000 to Glendale Community College,
California for the Cimmarusti Science Center's Teacher Training
and Science Education Outreach Program;
An increase of $500,000 to the Science Center of Iowa in
Des Moines, Iowa;
An increase of $2,000,000 for improvements to the Cooper
Library at the University of South Carolina, Columbia, South
Carolina;
An increase of $2,000,000 to the College of Charleston,
South Carolina for the School of Science and Mathematics;
An increase of $1,000,000 to the Boston Museum of
Science, Massachusetts for the National Center for Technology
Literacy;
An increase of $750,000 to Space Education Initiative,
Wisconsin for the Wisconsin Aerospace Education Initiative;
An increase of $1,750,000 to the Mitchell Institute,
Portland, Maine for educational purposes;
An increase of $1,000,000 to the Virginia Air and Space
Museum, Norfolk, Virginia;
An increase of $750,000 for the Griffith Observatory, Los
Angeles, California; and
An increase of $4,000,000 to the University of Hawaii,
Hilo for the Mauna Kea Astronomy Education Center;
EXPLORATION CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $8,425,850,000 for exploration capabilities,
instead of $7,496,800,000 as proposed by the House and
$8,411,100,000 as proposed by the Senate. The Senate proposal
included $600,000,000 in emergency funding.
The conferees agree that the space shuttle remains the
cornerstone of our Nation's heavy launch capability and is
critical to the future of the International Space Station and
scientific research. Therefore, the conferees have provided
$4,319,200,000 for the space shuttle program, the same as the
level within the request of the administration. Should
additional resource needs associated with return-to-flight
activities arise during this fiscal year, the regular order of
the budget process allows for the Administration to submit a
supplemental request for funding, which would be given full and
fair consideration by Congress. Alternatively, NASA has
flexibility under established operating plan procedures with
the Committees on Appropriations of the House and Senate to
propose funding adjustments to augment the budget for the space
shuttle as necessary, contingent on Congressional approval of
the proposed changes. The conferees believe that returning the
shuttle fleet to flight, the first step in the Space
Exploration Initiative, should be NASA's highest priority.
Within the funds provided, the conferees direct
$10,000,000 for the Propulsion Research Laboratory at Marshall
Space Flight Center to perform non-nuclear research on
spacecraft engine systems that support nuclear thermal
propulsion development. The conferees direct NASA to ensure
that NASA facilities are utilized to the greatest extent
possible by the Department of Energy in its role as a
contractor for NASA under the Project Prometheus program.
The conferees do not agree with the termination of the
commercial programs within the Innovative Technology Transfer
Partnerships (ITTP) program as proposed in the budget
submission, and have therefore provided an increase of
$30,000,000 to this appropriation for the express purpose of
continuing the commercial programs, including the activities of
both NASA and associated personnel, as they existed in fiscal
year 2003 and prior fiscal years. The conferees notes that the
National Academy of Public Administration (NAPA) has completed
the first phase of an analysis of the ITTP program, which
highlights a number of weaknesses that reduce the program's
effectiveness at spin-in and spin-out of technology. The
conferees direct NASA to fully address the recommendations of
phases I and II of the NAPA study in the context of future
budget submissions. The conferees support maintaining a
vigorous ITTP program at NASA and strongly support maintaining
the spin-out of NASA technology to the commercial world as an
integral part of the program.
The conferees agree with direction contained in the
Senate report that as soon as the Shuttle is available to
provide access to the ISS, NASA is to provide the Committees on
Appropriations of the House and Senate with a plan detailing
the steps necessary to complete construction of the ISS. This
plan may include completion of the ISS by only using the
shuttle, or a combination of shuttle and unmanned flights for
delivering components to the ISS. The cost implications
associated with the revised schedule must be included in the
plan that is submitted to the Committees within 30 days after
the successful return-to-flight of the shuttle program. The
report should also contain a timeline, in conjunction with the
construction timetable for the ISS, for the eventual transition
to a new manned launch vehicle.
The conferees are prepared to commit funds for
development of a Crew Exploration Vehicle [CEV], but remain
concerned that there has not been enough initial planning to
determine what specific capabilities the CEV should have. The
determination of the right capabilities should naturally come
from a carefully thought-out plan and goals, which have yet to
emerge from the implementation of the space exploration
initiative. The current plan offered by NASA resembles a work-
in-progress, rather than a firm definition of what is necessary
to accomplish missions to the ISS, as well as future manned
missions. The conferees expect NASA to provide a report to the
Committees on Appropriations of the House and Senate that
details the criteria and developmental goals the CEV must meet
to accomplish the missions envisioned by NASA within 60 days of
enactment of this Act. The report shall also include the
internal and independent procedures that will be in place to
ensure that the CEV will stay within its budget throughout its
development.
As NASA begins to consider another manned vehicle
program, the conferees do not want a repeat of the mistakes of
the International Space Station, where poor management and lack
of independent oversight resulted in major cost overruns. At
this early stage in the development of the CEV, it is essential
that these mistakes be avoided. Therefore, the conferees direct
the Administrator of NASA to identify an independent oversight
committee capable of examining the design, technology
readiness, and most importantly the cost estimates for the CEV.
The Administrator shall use available funds within the
Exploration Capabilities account to provide sufficient
resources for this independent committee. The chosen oversight
committee shall report to the Administrator and the Committees
on Appropriations of the House and Senate annually on their
findings and recommendations.
The conferees have agreed to provide $10,000,000 for the
Centennial Challenges program, subject to passage of
authorizing legislation. NASA is to directed to submit a
detailed implementation plan for this program to the Committees
on Appropriations of the House and Senate as soon as
practicable.
The conferees recognize that modeling and simulation will
have an important role in assessing the overall system
development and performance in the Space Exploration Initiative
and provide $3,000,000 for this purpose. The conferees believe
that simulated integrated systems, including testing and
evaluation, will substantially reduce the total development
costs of future space transportation systems by formulating and
validating program requirements and by identifying and
mitigating program risks as early as possible in the
development process. The conferees direct the Office of
Exploration Systems to develop and implement an integrated
system simulation strategy to take full advantage of modeling,
simulation, and evaluation tools.
The conferees direct NASA to keep the Committees on
Appropriations of the House and Senate informed, in writing, of
any movement of funds related to the shuttle program, as well
as including the out-year impacts on all activities involved in
the funding shifts. Finally, the conferees expect regular
consultations by NASA on all proposedchanges to investments in
the Shuttle program. These consultations should occur before program
decisions are finalized.
The conferees agree to the following specific funding
increases in addition to any increases mentioned above:
An increase of $400,000 for the Glennan Microsystems
Commercialization Initiative;
An increase of $300,000 for Garrett Morgan Commercial;
An increase of $900,000 for Simulation based acquisition
for manned space flight vehicle, design and testing, MSFC;
An increase of $150,000 to the Technology Research &
Development Authority of Central Florida for continuing
investment in IT, and security technologies;
An increase of $2,000,000 for the Idaho National
Engineering and Environmental Laboratory for development of
performance, safety, and mission success tools for NASA
programs;
An increase of $250,000 to the Alabama A&M University for
Advanced Propulsion Materials Research;
An increase of $500,000 for the Nano and Micro Devices
Laboratory at the University of Alabama in Huntsville;
An increase of $6,000,000 for the continuation of the
Space Alliance Technology Outreach Program for business
incubators in Florida and New York;
An increase of $1,000,000 for the National Center of
Excellence in Wireless and Information Technology Programs at
Stony Brook University, New York;
An increase of $1,000,000 for the National Center of
Excellence in Small Scale Systems Packaging at the State
University of New York at Binghamton;
An increase of $2,500,000 for NASA's Independent
Verification and Validation Facility, of which $800,000 is
available for continuation of the Code Level Metrics Data
Program; $400,000 is available for continuation of IV & V of
Neural Nets; and $400,000 is available for Software Legacy
Research;
An increase of $600,000 to the MCNC-Research and
Development Institute (RDI) for continued funding for a
Laboratory for Distributed Chemical and Biological Sensors;
An increase of $1,000,000 for Cryogenic Power Electronics
Development at the State University of New York at Albany;
An increase of $200,000 for the National Center for
Communication Navigation, and Surveillance at Glenn Research
Center;
An increase of $400,000 for COM Simulation Architecture;
An increase of $300,000 for the Bowling Green State
University Hybrid Engine project;
An increase of $500,000 to the University of Alabama in
Huntsville for a Space Flight Guidance, Navigation, and Control
Test Bed;
An increase of $3,000,000 for the National Center of
Excellence in Infotonics in Rochester, New York;
An increase of $3,000,000 for the Computing, Information
and Communications Technology Program (CICT) for High
Information Density Approaches to Mobile Broadband Internet
Communications;
An increase of $3,000,000 to the Mobile Broadband Network
project, a joint effort between NASA and the Air Force Research
Laboratory;
An increase of $3,000,000 to be transferred to the Air
Force Research Laboratory to continue joint research between
NASA and the Air Force on emerging areas of computing including
grid computing, quantum and biomolecular information processing
technology;
An increase of $4,000,000 for the Stennis Space Center
for the commercial technology program;
An increase of $4,000,000 for the Marshall Space Flight
Center for the commercial technology program;
An increase of $750,000 to Purdue University in West
Lafayette, Indiana for the Advanced Manufacturing Institute;
An increase of $2,000,000 to Wheeling Jesuit University,
West Virginia for continued operation of the National
Technology Transfer Center;
An increase of $1,000,000 to the University of New
Orleans, Louisiana for the Composites Research Center of
Excellence and for the development of advanced metallic joining
technologies at Michoud Space Center;
An increase of $1,750,000 to the University of Maryland,
College Park for the nanotechnology institute; and
An increase of $2,000,000 to the SSME program office at
Marshall for development of a knowledge management integrated
data environment.
OFFICE OF INSPECTOR GENERAL
Appropriates $31,600,000 for the Office of Inspector
General as proposed by the Senate, instead of $31,400,000 as
proposed by the House. The amount provided includes $3,800,000
to conduct NASA's annual audit of NASA's financial statements.
The conferees remain concerned that NASA needs to reform
its contracting process to ensure timely delivery of both
services and hardware. The conferees direct the NASA Inspector
General to issue a list of contracting `trouble' areas with
recommendations to address these areas. The conferees
understand that this is no easy project, but expects NASA and
the NASA IG to respond to these concerns with a package of
proposed contracting reforms that can begin to be implemented
in fiscal year 2005.
ADMINISTRATIVE PROVISIONS
The conferees have included three administrative
provisions included in both the House and Senate bills. In
addition, the conferees agree to language proposed by the
Senate allowing the use of funds for prizes and language
allowing for the transfer of funds between the exploration
capabilities account and the science, aeronautics, and
exploration account subject to established operating plan
procedure. The conferees further agree to language proposed by
the Senate as a General Provision, with some modifications,
which will have the effect of incorporating projects and
activities into the text of the bill by reference.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
Provides limitation of $1,500,000,000 on CLF lending
activities from borrowed funds as proposed by the House and
Senate.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriates $1,000,000 as proposed by the House and the
Senate. Within this amount, $800,000 is provided for technical
assistance to low-income and community development credit
unions. Funds are available for two years as proposed by the
House. The Senate had proposed that funds be available until
expended. The conferees reiterate language proposed by the
Senate encouraging NCUA to continue to develop technical
assistance in rural areas.
National Science Foundation
The conferees agree that the language included in House
Report 108-674 and Senate Report 108-353 is to be complied with
unless specifically addressed to the contrary in this
conference report and the statement of the managers.
The conferees agree that the National Science Foundation
is to abide by the reprogramming requirements set forth in the
House report requiring prior Committee approval for any
transfers in excess of $500,000 or any change that could be
construed as policy or a change in policy, instead of $250,000
as proposed in the Senate report.
The conferees agree that the National Science Foundation
is to present its fiscal year 2006 budget justification
submission in the traditional appropriations account structure
with detailed information on program, project and activity
funding levels and all proposed changes. The Foundation is
directed not to format or integrate its strategic themes of
``People,'' ``Tools,'' and ``Ideas'' into the detailed
appropriations justifications but instead may provide them as
supplementary information. The conferees direct the Foundation
to submit a template for its fiscal year 2006 budget
justification to the Committees on Appropriations of the House
and Senate that complies with this direction no later than
December 15, 2004.
RESEARCH AND RELATED ACTIVITIES
Appropriates $4,254,593,000 for research and related
activities instead of $4,151,745,000 as proposed by the House
and $4,402,320,000 as proposed by the Senate.
The conferees agree to continue funding for the costs of
Foundation employees hired under the Intergovernmental
Personnel Agreements (IPA) Act under this account instead of
consolidating funding for such costs under the Salaries and
Expenses account as proposed by the House. New language is
included to limit the amount available for such purposes to the
amount requested in the Foundation's budget for fiscal year
2005.
The conferees have included bill language that provides
up to $350,000,000 for polar research and operations support,
as proposed by the House and $95,000,000 for a comprehensive
research initiative on plant genomes for economically
significant crops, as proposed by the Senate. Language is also
included as proposed by the Senate and carried in previous
years regarding distribution of funding against statutory
minimum and maximum levels. The House did not include similar
language. Language proposed by the Senate is not included
authorizing the payment of travel expenses from this account.
The House did not include similar language as requested in the
budget. The conferees understand that deletion of this language
will not impact travel costs associated with Foundation staff
hired under the IPA Act since such costs are eligible to be
funded under this account.
Notwithstanding the language in the House and Senate
reports designating the allocation of funds, the conferees have
agreed that the allocation among programs and directorates is
to be determined by the Director of the Foundation, unless
specifically noted herein. The Foundation is to submit its
proposed operating plan to the Committees on Appropriations of
the House and the Senate within sixty days of enactment of this
Act that addresses the Foundation's highest research
priorities. In developing this plan, the Foundation is urged to
maintain the proper balance between interdisciplinary research
and single-issue research in core disciplines.
The conference agreement provides $95,000,000 for plant
genome research on economically significant crops as proposed
by the Senate. The House did not address this matter.
The conferees do not object to the allocation of not to
exceed $6,000,000 for continued planning and design for the
National Ecological Observatory Network if the Director of the
Foundation determines such funding is warranted. The conferees
reiterate the language in the House report regarding the
National Research Council's recommendations regarding this
project. The conferees concur that funding provided may be used
for a new class of Science and Technology Centers if the
Director of the Foundation determines such funding is warranted
when measured against other priorities within the agreed upon
total for this account.
The conferees do not object to the allocation of not to
exceed $5,000,000 for completion of a design and development
study for the Giant Segmented Mirror Telescopeif the Director
of the Foundation determines such funding is warranted based upon
private sector interest and commitment, other astronomical science
needs, and subject to approval by the National Science Board.
The conference agreement does not provide any funding for
the new Workforce for the 21st Century program. The Foundation
is encouraged to work with the Committees to develop a more
refined and descriptive proposal for future consideration.
The conference agreement does not provide any funding for
a new Innovation Fund.
The conferees understand that discussions between the
National Science Foundation and the Smithsonian Institution are
ongoing and have been productive. With respect to Smithsonian
researchers' access to NSF funding, the Committees expect the
Foundation to treat any proposal submitted by non-Federal
employees of the Smithsonian whose salaries are not part of
appropriated accounts in the same manner as any academic
proposal.
The conferees reiterate the direction in the Senate
report requiring NSF to include multi-year budget estimates and
future budget impacts for multi-disciplinary and mid-level
activities in the annual operating plan and in future budget
requests.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriates $175,050,000 for major research equipment
and facilities construction instead of $208,200,000 as proposed
by the House and $130,420,000 as proposed by the Senate.
Included within the appropriated amount is $49,700,000 for
construction of the Atacama Large Millimeter Array aperture-
synthesis radio telescope; $47,350,000 for EarthScope;
$48,000,000 for continued research and development of the
IceCube Neutrino Detector Observatory in Antarctica;
$15,000,000 for the Integrated Ocean Drilling Program (IODP);
and $15,000,000 for the Rare Symmetry Violating Processes
Program.
Funding for the NEON program is addressed under the
Research and Related Activities account.
EDUCATION AND HUMAN RESOURCES
Appropriates $848,207,000 for education and human
resources instead of $842,985,000 as proposed by the House and
$929,150,000 as proposed by the Senate.
The conferees agree to continue funding for the costs of
Foundation employees hired under the Intergovernmental
Personnel Agreements (IPA) Act under this account instead of
consolidating funding for such costs under the Salaries and
Expenses account as proposed by the House. New language is
included to limit the amount available for such purposes to the
amount requested in the Foundation's fiscal year 2005 budget.
Language is also included as proposed by the Senate and carried
in previous years regarding distribution of funding against
statutory minimum and maximum levels. The House did not include
similar language.
The conferees agree to the following funding levels and
directives within this account:
----------------------------------------------------------------------------------------------------------------
FY 2005 Conference
Program request House Senate agreement
----------------------------------------------------------------------------------------------------------------
Math & Science Partnership...................... $80,000,000 $82,500,000 $110,000,000 $80,000,000
EPSCoR.......................................... 84,000,000 94,440,000 95,000,000 94,440,000
Elementary, Secondary & Informal Education...... 172,750,000 175,457,000 187,750,000 183,412,000
Undergraduate Education......................... 158,850,000 160,301,000 162,430,000 154,905,000
Graduate Education.............................. 173,880,000 155,950,000 173,880,000 155,950,000
Human Resources Development..................... 107,940,000 115,343,000 126,060,000 119,500,000
Research, Evaluation & Communication............ 73,940,000 64,494,000 73,940,000 60,000,000
----------------------------------------------------------------------------------------------------------------
Within this level of funding for Elementary, Secondary
and Informal Education, $63,565,000 has been provided for the
Informal Science program.
Of the amount appropriated for Undergraduate Education,
$45,500,000 is for the Advanced Technological Education
program; $25,485,000 is for the STEM Talent Expansion Program
(STEP); and $7,950,000 is for the Robert Noyce Scholarship
Program. No funds are provided for the Workforce for the 21st
Century program.
Within the funding level for Human Resource Development,
$35,300,000 is provided for the Louis Stokes Alliances for
Minority Participation program; $25,420,000 is provided for the
Historically Black Colleges and Universities Undergraduates
(HBCU) Program; $14,910,000 is provided for the Alliance for
Graduate Education and the Professoriate; $16,000,000 is
provided for the Centers of Research Excellence in Science and
Technology (CREST) program and HBCU Research University Science
and Technology (THRUST) initiative within CREST; $2,510,000 is
provided for Model Institutions for Excellence; and $9,920,000
is provided for Tribal Colleges. While the conferees agree that
eligibility for THRUST should not exclude CREST recipients, NSF
is directed to first use fiscal year 2005 program funds to
fully fund multi-year awards to recipients of THRUST.
SALARIES AND EXPENSES
Appropriates $225,000,000 for salaries and expenses
instead of $249,970,000 as proposed by the House and
$269,000,000 as proposed by the Senate.
At the request of the Foundation, the conferees have
agreed to continue funding the costs of personnel employed by
the Foundation under the Intergovernmental Personnel Act
(IPA's) under the ``Research and Related Activities'' and the
``Education and Human Resources'' appropriations accounts.
These costs have been set within each account at $25,954,000
and $5,500,000, respectively. No funding has been included in
the ``Salaries and Expenses'' account for this purpose. The
conferees note that the $31,454,000 provided for the IPA
program in fiscal year 2005 is approximately a 10 percent
increase over the fiscal year 2004 level for the program. The
conferees are pleased that the Director has assured the
Committees that the cost of the IPA program will be shown in a
more transparent way in future budget submissions. As a part of
this process the conferees expect the fiscal year 2006 budget
justification materials to include a single consolidated
schedule showing all personnel costs for the Foundation.
The conference agreement provides sufficient resources to
maintain existing staffing levels at the Foundation. Within the
total amount provided for this account, the Director may, at
his discretion, devote additional resources to address
permanent staffing at the agency and address computer system
needs, particularly for the FastLane system.
The conferees reiterate the direction in the Senate
report regarding staffing support to the Deputy Director of
Large Facilities and expect the fiscal year 2005 operating plan
to identify the actions taken regarding this matter.
Office of the National Science Board
Appropriates $4,000,000 for the National Science Board as
proposed by the Senate, instead of $3,950,000 as proposed by
the House.
Office of Inspector General
Appropriates $10,110,000 for the Office of Inspector
General as proposed by both the House and the Senate.
The conferees request that the IG conduct a review of the
portion of the Foundation's total budget devoted to
administrative and other overhead expenses and how these costs
compare to similar costs at other large research agencies.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriates $115,000,000 for the Neighborhood
Reinvestment Corporation as proposed by both the House and
Senate.
Language is included in the bill which designates
$5,000,000 to support the Corporation's multi-family rental
housing program, as proposed by the Senate.
Selective Service System
SALARIES AND EXPENSES
Appropriates $26,300,000 for salaries and expenses as
proposed by both the House and Senate. The conferees are in
agreement that the Selective Service System should not use any
of its funds to support the Corporation for National and
Community Service.
White House Commission on the National Moment of Remembrance
Appropriates $250,000 for this account as proposed by the
House. The Senate did not include a similar provision but
instead included funding in another bill.
TITLE IV--GENERAL PROVISIONS
The conference agreement includes the following
dispositions of General Provisions:
Retains sixteen general provisions proposed by both the
House and the Senate, all of which were included in the fiscal
year 2004 Act.
Includes modified language, similar to language proposed
by the House and the Senate, amending Section 313 of the
National Space Act of 1958 to implement new appropriations
accounts.
Retains language proposed by the House and the Senate
regarding outreach and marketing efforts to enroll veterans in
the Veterans Health Administration.
Retains language proposed by the Senate expressing a
Sense of the Congress that no veteran should wait more than
thirty days for a doctor's appointment. The House did not
include similar language.
Retains language proposed by the Senate prohibiting the
use of any NASA funds to be used for voluntary separation
incentive payments if those incentives result in the loss of
skills related to the safety of the Space Shuttle or the
International Space Station. The House did not include similar
language.
Retains language proposed by the Senate recognizing the
six Pioneer Homes in Alaska as eligible for per diem payments
under the Department of Veterans Affairs state home program.
The House did not include similar language.
Retains language proposed by the House and the Senate
related to benefits to families of astronauts of the Space
Shuttle Columbia.
Retains language proposed by the Senate to amend a
provision included in the fiscal year 2004 Act regarding the
regulation of engines under 50 horsepower. The House did not
include similar language.
Deletes language proposed by the House providing for
expansion of the NASA enhanced use lease demonstration program.
The Senate did not include similar language.
Deletes language under this title proposed by the Senate
regarding NASA expenditure of funds and instead includes the
provision under NASA Administrative Provisions. The House did
not include similar language.
Deletes language proposed by the Senate prohibiting the
use of funds in this or any other Act to implement section 338
of the Department of the Interior appropriations bill. The
House did not include similar language.
Deletes language proposed by the Senate amending section
1502 of the Farm Security and Rural Investment Act of 2002. The
House did not include similar language.
Adds a provision appropriating funds for the
reconstruction of Pier 86 in New York City.
Adds a provision providing compensation funds to the
Department of Veterans Affairs.
Adds a provision exempting the Village of Chickasaw, Ohio
from section 102(g)(2) of the Housing and Community Development
Act of 1974.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $127,683,430
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 131,436,824
House bill, fiscal year 2005............................ 132,238,084
Senate bill, fiscal year 2005........................... 134,238,029
Conference agreement, fiscal year 2005.................. 132,869,084
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. +5,185,654
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. +1,432,260
House bill, fiscal year 2005........................ +631,000
Senate bill, fiscal year 2005....................... -1,368,945
DIVISION J--OTHER MATTERS
TITLE I--MISCELLANEOUS PROVISIONS AND OFFSETS
Sec. 101. The conference agreement provides $230,000,000
for the weatherization assistance program of the Department of
Energy.
Sec. 102. The conferees have included a new general
provision which amends section 1201(a) of Public Law 108-375.
Sec. 103. The conference agreement includes language in
section 103 amending Public Law 108-335 the District of
Columbia Appropriations Act, 2005 to allow the following: (1)
Permits the District of Columbia Department of Transportation
to allocate funds from the rights-of-way fund for road,
sidewalk, and alley repairs; (2) makes technical corrections to
section 340(a) dealing with charter school lease guarantees;
(3) repeals section 342(a) and (b) dealing with charter school
conversions; (4) modifies section 342(c) dealing with the
leasing and acquisition of surplus property by charter schools;
and (5) makes technical corrections to section 347 dealing with
charter school contracting.
Sec. 104. The conferees include a new provision requiring
the Coast Guard to transfer up to $40,000,000 from the Rescue
21 project to the HH-65 re-engining project. The Rescue 21
project is experiencing significant delays due to software and
technical difficulties. The HH-65 re-engining project is a
critical safety issue. The Coast Guard has indicated that
additional funding is required to accelerate the re-engining
project and complete the work by the end of calendar year 2006.
Bill language requires the Coast Guard to notify the House and
Senate Committees on Appropriations 15 days prior to the
transfer occurring.
Sec. 105. The conferees include a new provision extending
the authorization of the National Pre-Disaster Mitigation
program to December 31, 2005.
Sec. 106. The conferees include a new provision
clarifying how funding shall be spent by the Transportation
Security Administration's maritime and land security program in
fiscal year 2005.
Sec. 107. The conference agreement includes the following
technical correction to the Military Construction
Appropriations Act, 2005:
Mississippi
Navy: Gulfport, Vehicle Maintenance Facility............ -$4,350,000
Naval Reserve: Gulfport, Vehicle Maintenance Facility... +4,350,000
Sec. 108. The conferees agree to include a new general
provision, section 108, which provides the Department of the
Navy with $2,000,000 to acquire an historic vessel, with Coast
Guard registration number 225115.
Sec. 122. The conference agreement includes a 0.83
percent across-the-board rescission to discretionary budgetary
resources provided in fiscal year 2005 regular appropriations
Act (except Defense, Military Construction, and Homeland
Security), as well as to any previously enacted fiscal year
2005 advance appropriation and to any contract authority
subject to limitation.
TAPS Quality Bank
Congress has concerns regarding the Federal Energy
Regulatory Commission Administrative Law Judge's decision dated
August 31, 2004 in Docket No. OR89-2-017; Docket No. OR96-14-
006; Docket No. OR98-24-002; Docket No. ISO3-137-001; Docket
No. ISO3-141-001; Docket No. ISO3-142-001; Docket No. ISO3-143-
001; Docket No. ISO3-144-001. Considering the specific equities
of this case, the general importance of continued domestic
refinery activity in order to protect national fuel supplies
and the need to limit business uncertainty associated with the
use of the Trans Alaska Pipeline System, Congress expects the
Federal Energy Regulatory Commission to evaluate carefully the
disputed Resid valuation and related retroactive Resid refund
matter affecting the TAPS Quality Bank Adjustments. Except
where the parties have otherwise stipulated, Congress is
particularly concerned about the equity of assigning
retroactive refunds beyond a term of 15 months.
The term ``TAPS Quality Bank Adjustments'' means monetary
adjustments paid by or to shippers of oil on the Trans Alaska
Pipeline System through the operation of a quality bank to
compensation for the value of the shippers' oil commingled in
the pipeline.
Jim Kolbe,
Joe Knollenberg,
Jerry Lewis,
Roger F. Wicker,
Henry Bonilla,
David Vitter,
Mark Steven Kirk,
Ander Crenshaw,
Bill Young,
Ralph Regula,
David L. Hobson,
Steven R. Rothman,
Managers on the Part of the House.
Mitch McConnell,
Thad Cochran,
Judd Gregg,
Richard C. Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Christopher S. Bond,
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.
