Appropriations bill FY2005, Commerce, Justice, State

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 - Makes appropriations for FY 2005 for the Departments of Commerce, of Justice and of State, the judiciary and related agencies.

Title I: Department of Justice - Department of Justice Appropriations Act, 2005 - Makes appropriations for the Department of Justice for FY 2005 for: (1) general administration, including for a joint automated booking system, an integrated automated fingerprint identification system, office automation expenses of specified organizations, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, violence against women and prevention and prosecution programs, and the Office of the Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, for antitrust enforcement, the Offices of the U.S. Attorneys, interagency drug enforcement, the U.S. Trustee Program, the Foreign Claims Settlement Commission, fees and expense of witnesses, the Community Relations Service, and for certain uses of the Assets Forfeiture Fund; (4) the U.S. Marshals Service; (5) the Federal Bureau of Investigation (FBI), including the Foreign Terrorist Tracking Task Force, the Terrorist Threat Integration Center, and the Terrorist Screening Center; (5) the Drug Enforcement Administration (DEA); (6) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (7) the Federal Prison System, including for the construction of new buildings and facilities and for the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); and (8) the Office of Justice Programs, including State and local law enforcement assistance, the Weed and Seed Program Fund, community oriented policing services, juvenile justice programs, and public safety officers benefits.

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 102) Prohibits the use of funds appropriated by this title to: (1) 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; or (2) require any person to perform or facilitate an abortion.

(Sec. 104) Declares that nothing in the prohibition against the use of funds for abortions shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside of a Federal facility.

(Sec. 106) Makes funds available for Project Seahawk.

(Sec. 107) Provides additional funds for the Local Law Enforcement Block Grant for the City of San Juan, Puerto Rico.

(Sec. 108) Authorizes the Attorney General to make permanent the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.

(Sec. 109) Authorizes the Bureau of Alcohol, Tobacco, Firearms and Explosives to use confiscated funds during undercover operations necessary for the detection and prosecution of crimes against the United States.

(Sec. 110) Includes the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives within the class of Federal officers and employees eligible for passenger carrier transport between residence and place of employment.

(Sec. 111) Requires the Bureau of Prisons to submit a comprehensive financial plan to the House and Senate Committees on Appropriations. Prohibits the rescission, cancellation, or use for any other purpose, of funds appropriated for the Federal Prison System for the construction of new facilities.

(Sec. 112) Directs the Bureau of Prisons to implement a pilot program in the Southern District of Florida to allow the Federal Public Defender to transfer government computers for the use of an indigent defendant to review electronic discovery.

(Sec. 113) Prohibits the use of funds appropriated by this Act for transporting a maximum or high security prisoner to a prison or other facility that is not appropriately secure for housing such a prisoner.

(Sec. 114) Prohibits the use of funds appropriated by this Act for the purchase by Federal prisons of cable television services or other electronic equipment used primarily for recreational purposes.

(Sec. 115) Prohibits the use of funds appropriated by this Act (or any other Act) to acquire or lease a building for an interim FBI Central Records Complex without approval of a report on site-selection for a permanent facility.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2005 - Makes appropriations for the Department of Commerce for FY 2005 for: (1) the Office of the U.S. Trade Representative (including transfer of funds); (2) the National Intellectual Property Law Enforcement Coordination Council (including transfer of funds); (3) the International Trade Commission; (4) international trade activities; (5) export administration and national security activities; (6) economic development assistance programs; (7) minority business development; (8) economic and statistical analysis programs; (9) the Bureau of the Census, including for the 2010 decennial census; (10) the National Telecommunications and Information Administration; (11) public telecommunications facilities planning and construction grants; (12) information infrastructure grants; (13) the U.S. Patent and Trademark Office (including transfer of funds); (14) the Under Secretary for Technology Office of Technology Policy; (15) the National Institute of Standards and Technology, including amounts for the Manufacturing Extension Partnership, the Advanced Technology Program, and for construction of new research facilities; (16) the National Oceanic and Atmospheric Administration, including for the restoration of Pacific salmon populations, the Coastal Zone Management Fund, the Fishermen's Contingency Fund, the Foreign Fishing Observer Fund, and the Fisheries Finance Program Account; and (17) departmental management, including for the U.S. Travel and Tourism Promotion Advisory Board and the Office of Inspector General.

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 201) Makes Department of Commerce funds available for advanced payments only upon the certification of Department officials that such payments are in the public interest.

(Sec. 205) Specifies amounts available to certain organizations for the promotion and development of fishery products and research pertaining to American fisheries.

(Sec. 206) Authorizes the Secretary of Commerce to operate a marine laboratory in South Carolina in accordance with a specified memorandum of agreement.

(Sec. 207) Provides that funds made available to administer the Emergency Steel Loan Guarantee Program shall remain available until expended.

(Sec. 208) Directs the Secretary to consider fish harvested during a survey for the sablefish fisheries in the Bering Sea/Aleutian Islands and Gulf of Alaska between 1985 and 1990 to count toward a vessel's catch history under the Sablefish Individual Fishing Quota Program.

(Sec. 209) Provides for the financing of a fishing capacity reduction program for the Alaska Purse Seine Fishery.

(Sec. 210) Establishes the position of Coordinator for International Intellectual Property Enforcement within the International Intellectual Property Law Enforcement Coordination Council.

(Sec. 211) Specifies funding levels for certain projects within the National Institute of Standards and Technology.

(Sec. 212) Extends through FY 2007 funding for the environmental cleanup of the Pribilof Islands.

(Sec. 213) Authorizes the State of Hawaii to enforce its own laws (to the extent that they are no less restrictive than Federal law) for the operation in State waters of recreational and commercial vessels, for purposes of conservation and management of humpback whales.

(Sec. 214) Directs the Administrator of the National Oceanic and Atmospheric Administration to establish and administer the Ernest F. Hollings Scholarship Program to award scholarships in oceanic and atmospheric science, research, technology, and education, to be known as Ernest F. Hollings Scholarships. Sets forth purposes of and eligibility and repayment requirements for such scholarships.

Title III: The Judiciary - Judiciary Appropriations Act, 2005 - Makes appropriations for FY 2005 for: (1) the Supreme Court, including care of the court building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the court of appeals, district courts, and other judicial services, including for defender services, fees of jurors and commissioners, and court security; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judicial retirement funds; and (8) the U.S. Sentencing Commission.

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 304) Increases maximum compensation levels for court-appointed criminal defense attorneys and allowances for investigators, experts, and other services under the Criminal Justice Act.

(Sec. 305) Requires the Administrative Office of the U.S. Courts to submit to: (1) the House and Senate Appropriations Committees a comprehensive financial plan for the Judiciary; and (2) the Senate Appropriations Committee a report on the financial status of the Edwin L. Nelson Local Initiatives Program.

(Sec. 307) Authorizes a salary adjustment for U.S. Justices and judges.

Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2005 - Makes appropriations for the Department of State for FY 2005 for: (1) the administration of foreign affairs, diplomatic and consular programs; (2) the Capital Investment Fund; (3) modernization of information technology systems and networks; (4) the Office of the Inspector General; (5) educational and cultural exchange programs; (6) representation allowances; (7) protection of foreign missions and officials; (8) U.S. embassy security, construction, and maintenance; (9) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) plan preparation and construction of authorized projects; (15) the International Joint Commission and the International Boundary Commission; (16) international fisheries commissions; (17) the Center for Middle Eastern-Western Dialogue Trust Fund; (18) the Eisenhower Exchange Fellowships, Incorporated; (19) the Israeli Arab Scholarship Program; (20) the Center for Cultural and Technical Interchange Between East and West; and (21) the National Endowment for Democracy.

Makes appropriations for the Broadcasting Board of Governors for international broadcasting operations and capital improvements.

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 402) Bars the use of funds under this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.

(Sec. 403) Bars the use of funds under this Act for the operation of a U.S. consulate or diplomatic facility in Jerusalem unless under the supervision of the U.S. Ambassador to Israel, or for the publication of any official government document which lists countries and their capital cities unless the publication identifies Jerusalem as the capital of Israel.

(Sec. 405) Directs the Secretary of State to record the place of birth of a U.S. citizen who is born in Jerusalem as Israel.

(Sec. 406) Requires the Secretary of State to provide to a Member of the House or Senate Committee on Appropriations a copy of each cable sent to a State Department employee pertaining to any topic specified by the requesting Member within 15 days after the Member's written or verbal request, regardless of the level of classification of the cable.

(Sec. 407) Establishes the Office of the Coordinator for Reconstruction and Stabilization within the Department of State. Sets forth the functions of such Office, including its monitoring functions for the purpose of addressing crises in countries in conflict or civil strife.

(Sec. 409) Enables individuals who were held hostage during 1979 and 1981 by a foreign state to bring a claim for money damages against such state for personal injury caused by an act of torture or hostage taking. Abrogates any provision of the Algiers Accords or other international agreement that would bar any such claim.

(Sec. 410) Amends the Secure Embassy Construction and Counterterrorism Act of 1999 to require all agencies with personnel overseas to participate and provide funding in advance for their share of the costs for providing new, safe, and secure diplomatic facilities.

(Sec. 411) Directs the Secretary of State to require each chief of mission to review, at least once every five years, every staff element of chief of mission authority, and to report to Congress, the heads of all affected agencies, and the State Department Inspector General on such reviews.

(Sec. 412) Bars the use of funds under this Act: (1) for the Organization for Economic Co-operation and Development unless the Secretary of State certifies to the House and Senate Appropriations Committees that such Organization has not taken action against any country that encourages foreign investment by offering tax incentives; and (2) for international efforts to track or report on the investment income of foreigners in the United States.

(Sec. 413) Allows the Department of State and the Broadcasting Board of Governors to obligate and expend funds notwithstanding provisions requiring an authorization of appropriations.

(Sec. 414) Adjusts the percentage limitations on the U.S. share of assessments for United Nation peacekeeping activities for 2004 and 2005.

(Sec. 415) Revises the Senior Foreign Service pay system.

(Sec. 416) Extends until September 30, 2007, the termination date for the Advisory Committee on Cultural Diplomacy.

(Sec. 417) Increases or eliminates limits applicable to post differentials and danger pay allowances.

(Sec. 418) Modifies personnel review procedures to provide for the separation of members of the Foreign Service who rank in the bottom two percent (currently five percent) of their class at least twice in any five-year period (currently for two or more of a five year period).

(Sec. 419) Authorizes the Department of State to settle employee salary claims and other personnel grievances.

(Sec. 420) Sets forth a specific date for the issuance by the Office of Personnel Management of regulations relating to retirement credit for overseas service.

Title V: Related Agencies - Makes appropriations for FY 2005 for: (1) the Commission for the Preservation of America's Heritage Abroad; (2) the Commission on Civil Rights; (3) the Commission on Security and Cooperation in Europe; (4) the Congressional-Executive Commission on the People's Republic of China; (5) the Equal Employment Opportunity Commission; (6) the Federal Communications Commission (FCC); (7) the Federal Trade Commission; (8) the Legal Services Corporation with certain specified restrictions; (9) the Marine Mammal Commission; (10) the National Veterans Business Development Corporation; (11) the Securities and Exchange Commission; (12) the Small Business Administration, including the Office of Inspector General, the Surety Bond Guarantees Revolving Fund, the Business Loans Program Account, and the Disaster Loans Program Account; (13) the State Justice Institute; (14) the United States-China Economic and Security Review Commission; and (15) the United States Senate-China Interparliamentary Group.

Title VI: General Provisions - Specifies certain uses and limits on or prohibitions against the uses of funds appropriated by this Act.

(Sec. 601) Requires the Departments of Commerce, Justice, and State, the Judiciary, and the Small Business Administration to provide the House and Senate Committees on Appropriations with a quarterly accounting of the cumulative balances of any unobligated funds made available to such agencies in any previous appropriations Act.

(Sec. 605) Prohibits the availability of funds, without advance notice to the House and Senate Appropriations Committees, for obligation or expenditure in FY 2005, 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.

Prohibits, without prior notification to Congress, the availability of funds for obligation or expenditure in FY 2005, for activities, programs, and projects through a reprogramming of funds in excess of $1 million or ten percent, whichever is less, that: (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by ten percent funding for any existing program, project, or activity, or numbers of personnel by ten 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.

(Sec. 606) Prohibits the use of funds for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards outside the United States.

(Sec. 607) Disqualifies any person from receiving a contract funded by this Act who intentionally affixes a fraudulent "Made in America" label to any product sold in or shipped to the United States.

(Sec. 608) Prohibits the use of funds to: (1) implement a certain Memorandum of Agreement between the Federal Trade Commission and the Antitrust Division of the Department of Justice; (2) fund a United Nation peacekeeping mission involving U.S. Armed Forces under the command of a foreign national unless sanctioned by the President; or (3) open, operate, or expand any U.S. diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995 or increase the number of personnel assigned in that country, unless Vietnam has cooperated in good faith with the United States in resolving certain POW/MIA issues.

(Sec. 612) Limits to 90 percent the funding of the Local Law Enforcement Block Grant to an entity employing a public safety officer who retires or is separated because of injury suffered in the line of duty in an emergency situation or hot pursuit, if that entity fails to provide such officer health insurance benefits at the same level as received while on active duty, or better.

(Sec. 613) Prohibits the use of funds to: (1) promote the sale or export of tobacco or tobacco products, or seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except those not applied equally to all tobacco or tobacco products of the same type; or (2) issue visas to any individuals named or implicated in certain killings or murders in Haiti.

(Sec. 615) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $625 million shall not be available for obligation until the following fiscal year.

(Sec. 616) Prohibits the use of funds to grant visas to citizens of countries that deny or unreasonably delay accepting the return of their citizens under the Immigration and Nationality Act.

(Sec. 618) Prohibits the use of funds to implement any tax or fee for the implementation of the national instant criminal background check system for firearms or any background check system that does not require the destruction of identifying information of any person who has been determined not to be prohibited from owning a firearm.

(Sec. 619) Requires the Small Business Administration to administer all disaster loans issued in Alaska, and prohibits the sale of such loans.

(Sec. 621) Directs the Secretary of Commerce to represent the United States in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles.

(Sec. 622) Prohibits the use of funds to violate provisions of the Immigration and Nationality Act denying admissibility to aliens engaged in international child abduction.

(Sec. 624) Directs the FBI, the Department of Homeland Security, and the Department of State to study and report to specified congressional committees on all matters relating to interagency review of applications for nonimmigrant visas.

(Sec. 625) Prohibits the use of funds for a U.S. contribution to an entity of the United Nations that is chaired or presided over by a country that has provided support for acts of international terrorism, or for the support or use of torture by any official or contract employee of the United States.

(Sec. 627) Rescinds specified unobligated balances available to the Department of Justice for the Working Capital Fund and the Asset Forfeiture Fund.

(Sec. 629) Rescinds certain unobligated balances of the Department of Justice, excluding balances for the Office of Justice Programs or for community oriented policing services.

(Sec. 630) Modifies certain requirements relating to the diversion control program of the DEA.

Declares that reimbursements to DEA from the Diversion Control Fee Account for expenses of the diversion control program shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities.

Defines diversion control program as DEA controlled substance and chemical diversion control activities (related to registration and control of the manufacture, distribution, and dispensing of controlled substances and listed chemicals) carried out by the Office of Diversion Control and DEA field diversion elements.

(Sec. 631) Prohibits the use of funds under this Act by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.

(Sec. 632) Allows the unobligated balance under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 for the necessary expenses of the United States-Canada Alaska Rail Commission to be transferred as a direct lump-sum payment to the University of Alaska.

Title VII: Patent and Trademark Fees - (Sec. 701) Establishes patent and trademark fees for FY 2005, including specified: (1) general patent fees; (2) patent maintenance fees; (3) patent search fees; and (4) fees for small entities.

(Sec. 702) Prescribes fees under the Trademark Act of 1946 for electronic and paper applications for trademark registration.

(Sec. 703) Sets forth effective dates, applicability and transitional provisions for the revisions in patent and trademark fees under this title.

Title VIII: Koby Mandell Act of 2003 - Koby Mandell Act of 2003 - (Sec. 802) Makes certain finding with respect to the murder of U.S. citizens abroad, particularly in areas administered by the Palestinian Authority.

(Sec. 803) Establishes within the Department of Justice an Office of Justice for Victims of Overseas Terrorism (Office). Assigns responsibility for the Rewards for Justice program to the Office.

Directs the Office to: (1) establish and administer a program for notification of crime victims of efforts to capture terrorists; (2) work with other Federal agencies to expand legal restrictions on the ability of terrorists to profit from their crimes through book sales or movies; (3) investigate foreign police or security forces for terrorist infiltration; (4) undertake a comprehensive assessment of the pattern of U.S. indictments and prosecutions of terrorists who have harmed American citizens overseas; (5) monitor public actions by foreign governments pertaining to terrorists; (6) obtain compensation for American citizens or their families harmed by organizations supporting terrorism. (7) monitor the incarceration abroad of terrorists who have harmed Americans overseas and seek the extradition of terrorists to the United States for prosecution; and (8) identify all terrorists who have harmed U.S. citizens overseas as persona non grata and seek sanctions against such individuals.

(Sec. 804) Authorizes appropriations.

Title IX: Anabolic Steroid Control Act of 2004 - Anabolic Steroid Control Act of 2004 - (Sec. 902) Amends the Controlled Substances Act to redefine anabolic steroid to mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone). Sets forth a list of substances included as anabolic steroids.

Repeals the authority of the Attorney General to exempt certain substances containing anabolic steroids which have been determined to have no significant potential for abuse from the application of the Controlled Substances Act.

(Sec. 903) Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines for offenses involving anabolic steroids and to consider amending such guidelines to increases penalties for such offenses.

(Sec. 904) Directs the Secretary of Health and Human Services to award grants for science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids. Directs the Secretary, in awarding such grants, to give preference to programs helping athletes to avoid steroid use. Authorizes appropriations.

(Sec. 905) Directs the Secretary to ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. Authorizes appropriations.