Consolidated Appropriations Act, 2005/Division B/Title VI

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 of 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 Age, 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 be available for obligation or expenditure except as 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 Department 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 to 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 to 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 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, New York, 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 by 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 redesigned, 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).