[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2862 Enrolled Bill (ENR)]
H.R.2862
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
Making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2006, and for
other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
Salaries and Expenses
For expenses necessary for the administration of the Department of
Justice, $124,456,000, 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 $11,821,000 shall be expended for the Department
Leadership Program exclusive of augmentation that occurred in these
offices in fiscal year 2005: Provided further, That not to exceed 26
permanent positions, 21 full-time equivalent workyears and $3,480,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 17 permanent positions, 22 full-time
equivalent workyears and $2,764,000 shall be expended for the Office of
Public Affairs: Provided further, That the Offices of Legislative
Affairs and Public Affairs may utilize, on a non-reimbursable basis
details of career employees within the ceilings provided for the Office
of Legislative Affairs and the Office of Public Affairs: Provided
further, That not less than $500,000 shall be used to contract with an
independent party to carry out a privacy assessment.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental direction,
$125,000,000, to remain available until expended: Provided, That, of
the funds available $10,000,000 is for the unified financial management
system to be administered by the Unified Financial Management System
Executive Council: Provided further, That of the funds provided,
$20,000,000 is unavailable for obligation until the Department Chief
Information Officer submits the plan described in section 110 of this
title.
narrowband communications/integrated wireless network
For the costs of conversion to narrowband communications, including
the cost for operation and maintenance of Land Mobile Radio legacy
systems, $90,000,000, to remain available until September 30, 2007:
Provided, That the Attorney General shall transfer to this 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, $215,685,000.
Detention Trustee
For necessary expenses of the Federal Detention Trustee,
$1,222,000,000, of which $45,000,000 shall be derived from prior year
unobligated balances from funds previously appropriated, to remain
available until expended: Provided, That the Trustee shall be
responsible for managing the Justice Prisoner and Alien Transportation
System and for overseeing housing related to such detention: Provided
further, That any unobligated balances available in prior years from
the funds appropriated under the heading ``Federal Prisoner Detention''
shall be transferred to and merged with the appropriation under the
heading ``Detention Trustee'' and shall be available until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$68,801,000, 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, $11,000,000.
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, $661,959,000, 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 section 105 of this Act, 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, $144,451,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed $116,000,000
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 2006, so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $28,451,000.
Salaries and Expenses, United States Attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,600,000,000: 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
$20,000,000 shall remain available until expended: Provided further,
That of the funds made available under this heading, $1,500,000 shall
only be available to continue ``Operation Streetsweeper''.
United States Trustee System Fund
For necessary expenses of the United States Trustee Program, as
authorized, $214,402,000, 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, $214,402,000 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 2006, so as to
result in a final fiscal year 2006 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, $1,320,000.
United States Marshals Service
Salaries and Expenses
For necessary expenses of the United States Marshals Service,
$793,031,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; of which $4,000,000 for
information technology systems shall remain available until expended;
and of which not less than $12,000,000 shall be available for the costs
of courthouse security equipment, including furnishings, relocations,
and telephone systems and cabling, and shall remain available until
expended.
CONSTRUCTION
For construction in space controlled, occupied or utilized by the
United States Marshals Service in United States courthouses and Federal
buildings, $8,883,000, 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, such sums as are necessary, to
remain available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of buildings for
protected witness safesites: Provided further, That not to exceed
$1,000,000 may be made available for the purchase and maintenance of
armored vehicles for transportation of protected witnesses: Provided
further, That not to exceed $9,000,000 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,
$9,659,000: Provided, That notwithstanding section 105 of this Act,
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),
$21,468,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
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, $489,440,000, 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 3,868
passenger motor vehicles, of which 3,039 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, $5,728,737,000; of
which not to exceed $150,000,000 shall remain available until expended;
of which $2,288,897,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to our
national security; and of which not to exceed $25,000,000 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
$205,000 shall be available for official reception and representation
expenses.
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; $37,608,000, to remain
available until expended: Provided, That $15,108,000 shall be available
for the planning, design, and construction of the Federal Bureau of
Investigation Center for Integrated Training and Technology Transfer in
Redstone Arsenal: Provided further, That $5,000,000 shall be available
for a chemical and biological evidence handling and storage facility to
be co-located with comparable facilities in existence for sample,
handling and receipt of hazardous material by the Department of the
Army: Provided further, That $10,000,000 shall be available for
equipment and associated costs for a permanent central records complex
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 1,043 passenger motor vehicles, of which 937
will be for replacement only, for police-type use, $1,686,457,000; 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.
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 $40,000 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, $923,613,000, 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 2006: 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, shall be inadmissible in evidence, and
shall not be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based upon such data, in any
civil action pending on or filed after the effective date of this Act
in any State (including the District of Columbia) 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 amount provided
under this heading, $5,000,000, to remain available until expended,
shall be for the expenses necessary for site selection, architectural
design, site preparation and the development of a total cost estimate
for the construction of a permanent site for the National Center for
Explosives Training and Research: Provided further, That any funds
remaining shall be applied to the construction of the Center: Provided
further, That the Director of the ATF, when considering site selection
shall consider a site collocated with other law enforcement and Federal
Government entities that provide similar training and research.
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 768, of
which 701 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$4,892,649,000: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2007: 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,
$90,112,000, 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 $3,365,000 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); $386,502,000,
including amounts for administrative costs, to remain available until
expended: Provided, That except as otherwise provided by law, not to
exceed three percent of funds made available under this heading may be
used for expenses related to evaluation, training and technical
assistance: 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) $2,287,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act;
(3) $986,000 for grants for televised testimony, as authorized
by part N of the 1968 Act;
(4) $187,308,000 for grants to combat violence against women,
as authorized by part T of the 1968 Act, of which--
(A) $5,100,000 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) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking or
sexual assault as authorized by Public Law 108-21;
(5) $63,075,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $39,166,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295(a) of
the 1994 Act;
(7) $4,958,000 for training programs as authorized by section
40152 of the 1994 Act, and for related local demonstration
projects;
(8) $2,962,000 for grants to improve the stalking and domestic
violence databases, as authorized by section 40602 of the 1994 Act;
(9) $9,054,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106-386;
(10) $39,220,000 for legal assistance for victims, as
authorized by section 1201(c) of Public Law 106-386;
(11) $4,540,000 for enhancing protection for older and disabled
women from domestic violence and sexual assault, as authorized by
section 40802 of the 1994 Act;
(12) $13,894,000 for the safe havens for children pilot
program, as authorized by section 1301(a) of Public Law 106-386;
and
(13) $7,155,000 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), the Justice for All Act of 2004 (Public Law 108-405), and the
Victims of Crime Act of 1984, $233,233,000, 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''); and the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386);
and other programs; $1,142,707,000 (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) $416,478,000 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) $10,000,000 is 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
(B) $85,000,000 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);
(2) $405,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act;
(3) $30,000,000 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) $191,704,000 for discretionary grants authorized by subpart
2 of part E, of title I of the 1968 Act, notwithstanding the
provisions of section 511 of said Act;
(5) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386;
(6) $850,000 for the Missing Alzheimer's Disease Patient Alert
Program, as authorized by section 240001(c) of the 1994 Act;
(7) $10,000,000 for Drug Courts, as authorized by part EE of
the 1968 Act;
(8) $7,500,000 for a prescription drug monitoring program;
(9) $18,175,000 for prison rape prevention and prosecution
programs, as authorized by the Prison Rape Elimination Act of 2003
(Public Law 108-79), of which $2,175,000 shall be transferred to
the National Prison Rape Elimination Commission for authorized
activities;
(10) $10,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the 1968
Act;
(11) $10,000,000 for a program to improve State and local law
enforcement intelligence capabilities including antiterrorism
training and training to ensure that constitutional rights, civil
liberties, civil rights, and privacy interests are protected
throughout the intelligence process;
(12) $1,000,000 for a capital litigation improvement grant
program;
(13) $5,000,000 for a cannabis eradication program to be
administered by the Drug Enforcement Administration;
(14) $22,000,000 for assistance to Indian tribes, of which--
(A) $9,000,000 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; and
(15) $5,000,000 for mental health courts and adult and juvenile
collaboration program grants, as authorized by parts V and HH of
title I of the 1968 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, $50,000,000, to remain available until September
30, 2007, 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, not to exceed $2,000,000 shall be
directed for comprehensive community development training and technical
assistance.
community oriented policing services
(including transfers of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (including administrative
costs), $478,300,000, to remain available until expended: Provided,
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.): Provided further, That
up to $34,000,000 of balances made available as a result of prior year
deobligations may be obligated for program management and
administration, of which $5,000,000 shall be available for transfer to
the National Institute of Standards and Technology: Provided further,
That any balances made available as a result of prior year
deobligations in excess of $34,000,000 shall only be obligated in
accordance with section 605 of this Act. Of the amounts provided--
(1) $30,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part Y of
the 1968 Act, of which not to exceed $3,000,000 may be for the
National Institute of Justice to test and evaluate vests;
(2) $63,590,000 is for policing initiatives to combat
methamphetamine production and trafficking and to enhance policing
initiatives in ``drug hot spots'';
(3) $139,904,000 is for a law enforcement technologies and
interoperable communications program;
(4) $10,000,000 is for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of 1998
(42 U.S.C. 14601);
(5) $5,000,000 is for an offender re-entry program;
(6) $108,531,000 is for a DNA analysis and capacity enhancement
program, and for other State, local and Federal forensic
activities, of which $4,000,000 shall be for grant programs as
authorized by sections 412 and 413 of Public Law 108-405;
(7) $15,000,000 is for law enforcement assistance to Indian
tribes;
(8) $40,000,000 for a national program to reduce gang violence;
(9) $4,000,000 is for training and technical assistance;
(10) $18,500,000 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.);
(11) $28,775,000 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); and
(12) $15,000,000 is for Project Safe Neighborhoods, of which
$4,500,000 is for the National District Attorneys Association to
conduct prosecutorial training by the National Advocacy Center.
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, $342,739,000, to
remain available until expended, as follows--
(1) $712,000 for concentration of Federal efforts, as
authorized by section 204 of the Act;
(2) $80,000,000 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) $106,027,000 for demonstration projects, as authorized by
sections 261 and 262 of the Act;
(4) $10,000,000 for juvenile mentoring programs;
(5) $65,000,000 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; 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;
(6) $1,000,000 for Project Childsafe;
(7) $15,000,000 for the Secure Our Schools Act as authorized by
Public Law 106-386;
(8) $15,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990; and
(9) $50,000,000 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: Provided further, That the previous two provisos shall not
apply to demonstration projects, as authorized by sections 261 and 262
of the Act: Provided further, That section 702(a) of Public Law 88-352
shall apply to any grants for World Vision, described in House Report
No. 108-792 and the statement of managers accompanying this Act, and
awarded by the Attorney General.
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 $4,884,000, to
remain available until expended for payments as authorized by section
1201(b) of said Act; and $4,064,000 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. 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. 106. The Attorney General is authorized to extend through
September 30, 2007, 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. 107. 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. 108. 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. 109. (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. 110. Within the funds provided under ``Justice Information
Sharing Technology'', the Attorney General shall establish an
investment review board, which the Deputy Attorney General shall head:
Provided, That within 90 days of enactment of this Act, the Department
shall submit a plan that outlines the governance structure and
membership of the board: Provided further, That the Department shall
submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives, within 90
days of enactment of this Act, the project criteria that will initiate
the board's oversight, to include a listing of all projects to be
reviewed during fiscal year 2006.
Sec. 111. Section 3151(b) of title 5, United States Code, is
amended by--
(1) striking paragraph (2)(A) and (B);
(2) in paragraph (1) by striking ``(1)''; and
(3) redesignating subparagraphs (A) and (B) as paragraphs (1)
and (2), respectively.
Sec. 112. Within the funds provided for the Drug Enforcement
Administration, the Attorney General shall establish a Methamphetamine
Task Force within the Drug Enforcement Administration which shall be
responsible for improving and targeting the Federal Government's
policies with respect to the production and trafficking of
methamphetamine: Provided, That within 90 days of enactment of this
Act, the Drug Enforcement Administration shall submit a plan that
outlines the governance structure and membership of the task force:
Provided further, That within 120 days the Drug Enforcement
Administration shall submit to the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives the membership of the task force and powers established
for the task force.
Sec. 113. (a) Section 4(a) of the Prison Rape Elimination Act of
2003 (42 U.S.C. 15603(a)) is amended--
(1) in paragraph (5), by inserting ``, except as authorized in
paragraph (7)'' before the period at the end; and
(2) by adding at the end the following new paragraph:
``(7) Reporting on child abuse and neglect.--Nothing in section
304 or 812 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3735, 3789g) or any other provision of law,
including paragraph (5), shall prevent the Bureau (including its
agents), in carrying out the review and analysis under paragraph
(1), from reporting to the designated public officials such
information (and only such information) regarding child abuse or
child neglect with respect to which the statutes or regulations of
a State (or a political subdivision thereof) require prompt
reporting.''.
(b) Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003
(42 U.S.C. 15606(d)(3)(A)) is amended by striking ``2 years'' and
inserting ``3 years''.
Sec. 114. The Attorney General shall waive the matching requirement
for the purchase of bulletproof vests of the Bulletproof Vest
Partnership Grant Act of 1998 for any law enforcement agency that
purchased defective Zylon-based body armor with Federal funds pursuant
to such Act between October 1, 1998, and September 30, 2005, and seeks
to replace that Zylon-based body armor, provided that the law
enforcement agency can present documentation to prove the purchase of
Zylon-based body armor with funds awarded to it under such Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 2006''.
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,
$44,779,000, 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
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act
of 2002, Public Law 107-210.
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, $62,752,000, 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 $45,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines, $406,925,000, to remain
available until September 30, 2007, of which $8,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$47,434,000 shall be for Manufacturing and Services; $39,815,000 shall
be for Market Access and Compliance; $62,134,000 shall be for the
Import Administration of which not less than $3,000,000 is for the
Office of China Compliance; $231,722,000 shall be for the United States
and Foreign Commercial Service; and $25,820,000 shall be for Executive
Direction and Administration: Provided further, That negotiations shall
be conducted within the World Trade Organization to recognize the right
of members to distribute monies collected from antidumping and
countervailing duties: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities: Provided further, That
the International Trade Administration shall be exempt from the
requirements of Circular A-25 (or any successor administrative
regulation or policy) issued by the Office of Management and Budget:
Provided further, That negotiations shall be conducted within the World
Trade Organization consistent with the negotiating objectives contained
in the Trade Act of 2002, Public Law 107-210.
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, $76,000,000, to remain available until expended, of
which $14,767,000 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, $253,985,000, to remain available until
expended.
Salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,075,000: 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, $30,024,000.
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,
$80,304,000, to remain available until September 30, 2007.
Bureau of the Census
Salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$198,029,000.
Periodic censuses and programs
For necessary expenses related to the 2010 decennial census,
$453,596,000, to remain available until September 30, 2007.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $160,612,000,
to remain available until September 30, 2007: Provided, 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 category.
National Telecommunications and Information Administration
Salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $18,068,000,
to remain available until September 30, 2007: 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, $22,000,000, 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.
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,
$1,683,086,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2006, so
as to result in a fiscal year 2006 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2006, should
the total amount of offsetting fee collections be less than
$1,683,086,000, this amount shall be reduced accordingly: Provided
further, That not less than 657 full-time equivalents, 690 positions
and $85,017,000 shall be for the examination of trademark applications;
and not less than 5,810 full-time equivalents, 6,241 positions and
$906,142,000 shall be for the examination and searching of patent
applications: Provided further, That not more than 265 full-time
equivalents, 272 positions and $37,490,000 shall be for the Office of
the General Counsel: Provided further, That not more than 82 full-time
equivalents, 83 positions and $25,393,000 shall be for the Office of
the Administrator for External Affairs: Provided further, That any
deviation from the full-time equivalent, position, and funding
designations set forth in the preceding four provisos shall be subject
to the procedures set forth in section 605 of this Act: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2006 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: Provided further, That in fiscal year 2006, 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, $6,000,000.
National Institute of Standards and Technology
Scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $399,869,000, to remain available until expended, of which
not to exceed $1,300,000 may be transferred to the ``Working Capital
Fund''.
Industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$106,000,000, to remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$80,000,000, to remain available until expended.
Construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $175,898,000, to remain available until expended:
Provided, That beginning in fiscal year 2007 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, United
States Code) an estimate for each National Institute of Standards and
Technology construction project 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 project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
Operations, research, and facilities
(INCLUDING TRANSFERS 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, $2,763,222,000, to remain available until
September 30, 2007, except for funds provided for cooperative
enforcement which shall remain available until September 30, 2008:
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 $67,000,000 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 $2,833,222,000 provided for in direct
obligations under this heading $2,763,222,000 is appropriated from the
general fund and $70,000,000 is provided by transfer: Provided further,
That no general administrative charge shall be applied against an
assigned activity included in this Act or the report accompanying this
Act: Provided further, That the total amount available for the National
Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $179,036,000: 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 $34,000,000:
Provided further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 605 of
this Act: 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 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:
Provided further, That, in accordance with the Federal Credit Reform
Act of 1990 (2 U.S.C. 611 et seq.), within funds appropriated under
this heading, $2,000,000 shall remain available until expended, for the
cost of loans under section 211(e) of title II of division C of Public
Law 105-277, such loans to have terms of up to 30 years and to be
available for use in any of the Bering Sea and Aleutian Islands
fisheries.
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, $1,124,278,000, to remain available
until September 30, 2008, except funds provided for construction of
facilities 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, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 605 of this Act: Provided further, That beginning in
fiscal year 2007 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, 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 an estimate of the budgetary requirements for each such
program for each of the five subsequent fiscal years: Provided further,
That subject to amounts provided in advance in appropriations Acts, the
Secretary of Commerce is authorized to enter into a lease with The
Regents of the University of California for land at the San Diego
Campus in La Jolla for a term not less than 55 years: Provided further,
That funds appropriated for the construction of the National Oceanic
and Atmospheric Administration Pacific Regional Center are an
additional increment in the incremental funding planned for the Center,
and may be expended incrementally, through multi-year contracts for
construction and related activities, provided that obligations under
any such multi-year contract shall be subject to the availability of
appropriations.
Pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $67,500,000.
Coastal zone management fund
(including transfer of funds)
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.
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 $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, $47,466,000: Provided, That not to
exceed 11 full-time equivalents and $1,490,000 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, $4,000,000, to
remain available until September 30, 2007.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $22,758,000.
General Provisions--Department of Commerce
(including transfer of funds)
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 therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this or any other
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act: Provided further, That for the National
Oceanic and Atmospheric Administration this section shall provide for
transfers among appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not be
transferred and reprogrammed to other Department of Commerce bureaus
and appropriation accounts.
Sec. 204. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 205. 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: Provided, That section 101(k) of the Emergency Steel Loan
Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is
amended by striking ``2005'' and inserting ``2007''.
Sec. 206. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to register, issue, transfer,
or enforce any trademark of the phrase ``Last Best Place''.
Sec. 207. 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'', $8,000,000 is for a cooperative agreement with the
Medical University of South Carolina; $20,000,000 is for the National
Formulation Science Laboratory at the University of Southern
Mississippi; $20,000,000 is for the University of Mississippi Research
Park; $5,000,000 is for the Alabama State University Science and
Education Building; $8,000,000 is for Tuscaloosa, Alabama,
revitalization; $20,000,000 is for the Biomedical Research Center at
the University of Alabama at Birmingham; $3,000,000 is for the
Institute for Security Technology Studies; $1,000,000 is for the Thayer
School of Engineering; $12,000,000 is for the WVHTCF Research Facility;
and $30,000,000 is for the University of Alabama for the design and
construction of the Science and Engineering Center.
Sec. 208. Of the amount available from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to American
Fisheries'', $7,000,000 shall be provided to the Alaska Fisheries
Marketing Board, $5,000,000 shall be available to the Southern Shrimp
Alliance for its ``Wild American Shrimp Marketing Program''.
Sec. 209. Of the amounts made available under the heading
``Procurement, Acquisition and Construction, National Oceanic and
Atmospheric Administration'', $27,000,000 shall be transferred to the
National Aeronautics and Space Administration for the planning, design,
and construction of Building 3203, for the planning and design of
Buildings 3205 and 3216, and for certain infrastructure improvements.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2006''.
TITLE III--SCIENCE
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.
6601-6671), 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, $5,564,000.
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, $9,761,400,000, to remain available until
September 30, 2007, 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, $6,663,000,000, to remain available until
September 30, 2007, 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,
$32,400,000, to remain available until September 30, 2007.
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, 2008.
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 accompanying the conference report for this Act.
The unexpired balances of prior appropriations to National
Aeronautics and Space Administration 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.
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; and authorized travel; $4,387,520,000, to
remain available until September 30, 2007, of which not to exceed
$425,000,000 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: Provided, That from
funds specified in the fiscal year 2006 budget request for icebreaking
services, such sums shall be available for the procurement of polar
icebreaking services: Provided further, That the National Science
Foundation shall reimburse the Coast Guard according to the existing
memorandum of agreement: Provided further, 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 funds under
this heading may be available for innovation inducement prizes.
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,
$193,350,000, 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, authorized
travel, and rental of conference rooms in the District of Columbia,
$807,000,000, to remain available until September 30, 2007: 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.
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; $250,000,000: Provided, That contracts may be entered into
under ``Salaries and Expenses'' in fiscal year 2006 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,
$11,500,000, to remain available until September 30, 2007.
This title may be cited as the ``Science Appropriations Act,
2006''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
(Including Transfer of Funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,680,019,000: Provided, That not
to exceed 71 permanent positions and $9,804,000 shall be for the Bureau
of Legislative Affairs: Provided further, That of the amount made
available under this heading, not to exceed $4,000,000 may be
transferred to, and merged with, funds in the ``Emergencies in the
Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards:
Provided further, That of the amount made available under this heading,
not less than $334,000,000 shall be available only for public diplomacy
international information programs: Provided further, That of the
amount made available under this heading, not less than $2,000,000
shall be for a contribution to the Scholar Rescue Fund endowment:
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 funds appropriated under this heading are
available, pursuant to 31 U.S.C. 1108(g), for the field examination of
programs and activities in the United States funded from any account
contained in this title.
In addition, not to exceed $1,469,000 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,
$689,523,000, to remain available until expended.
Capital Investment Fund
For necessary expenses of the Capital Investment Fund, $58,895,000,
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,
$69,368,000, to remain available until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$30,029,000, 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, $431,790,000, 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, $8,281,000.
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,
$9,390,000, to remain available until September 30, 2007.
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, $598,800,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $910,200,000, to remain
available until expended.
Emergencies in the Diplomatic and Consular Service
(Including Transfer of Funds)
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$10,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to and merged with the
``Repatriation Loans Program Account'', subject to the same terms and
conditions.
Repatriation Loans Program Account
(Including Transfer of Funds)
For the cost of direct loans, $712,000, 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 funds in the ``Diplomatic and Consular Programs'' account.
Payment to the American Institute in Taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $19,751,000.
Payment to the Foreign Service Retirement and Disability Fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $131,700,000.
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, $1,166,212,000:
Provided, 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 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 budget for the biennium 2006-2007 to exceed the
revised United Nations budget level for the biennium 2004-2005 of
$3,695,480,000: 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.
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, $1,035,500,000, of
which 15 percent shall remain available until September 30, 2007:
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 and other appropriate committees of the
Congress are notified of the estimated cost and length of the mission,
the national interest that will be served, and the planned exit
strategy; (2) the Committees on Appropriations and other appropriate
committees of the Congress are notified that the United Nations has
taken appropriate measures to prevent United Nations employees,
contractor personnel, and peacekeeping forces serving in any United
Nations peacekeeping mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of illegal sexual
exploitation, and to hold accountable individuals who engage in such
acts while participating in the peacekeeping mission; and (3) 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, $28,000,000.
Construction
For detailed plan preparation and construction of authorized
projects, $5,300,000, to remain available until expended, as
authorized.
American Sections, International Commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$10,039,000, 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, $24,000,000: 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), $14,000,000, to remain available until
expended, as authorized.
Center for Middle Eastern-Western Dialogue Trust Fund
For a grant to the Center for Middle Eastern-Western Dialogue Trust
Fund (22 U.S.C. 2078), $5,000,000 for operation of the Center for
Middle Eastern-Western Dialogue in Istanbul, Turkey.
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 on or before September 30, 2006, 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, 2006, 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, 2006, 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,
$19,240,000: 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, $75,000,000, 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, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make and
supervise grants for radio and television broadcasting to the Middle
East, $641,450,000: 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 and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized, $10,893,000, 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 title 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
title 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 title 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. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
Sec. 406. Notwithstanding any other provision of law, of the funds
appropriated by this Act under the heading ``Diplomatic and Consular
Programs'': $5,000,000 shall be made available for an endowment for the
Center for Asian Democracy; $100,000 shall be made available for a
grant to the Center for the Study of the Presidency for a public
diplomacy initiative; $300,000 shall be made available for a grant to
Operation Smile for a public diplomacy program; and $350,000 shall be
made available for a grant to MiraMed for programs to combat human
trafficking.
Sec. 407. Funds appropriated under this title 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. 408. (a) Funds provided in this title for the following
accounts shall be made available for programs in the amounts contained
in the respective tables included in the report accompanying this Act:
``Educational and Cultural Exchange Programs''.
``National Endowment for Democracy''.
``International Broadcasting Operations''.
``Broadcasting Capital Improvements''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the accompanying report shall be subject to the regular
notification procedures in section 605 of this Act.
(c) The Secretary of State shall notify the Committees on
Appropriations 15 days in advance of recommending the issuance of any
license subject to Executive Order No. 13067.
Sec. 409. Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available in this title, not more than
$1,035,500,000 shall be available for payment to the United Nations for
assessed and other expenses of international peacekeeping activities.
Sec. 410. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking
``October 1, 2005'' and inserting ``October 1, 2006''.
Sec. 411. None of the funds appropriated under this title may be
made available to pay any contribution of the United States to the
United Nations if the United Nations implements or imposes any taxation
on any United States persons.
Sec. 412. It is the sense of the Congress that the amount of any
loan for the renovation of the United Nations headquarters building
located in New York, New York, should not exceed $600,000,000:
Provided, That if any loan exceeds $600,000,000, the Secretary of State
shall notify the Congress of the current cost of the renovation and
cost containment measures.
Sec. 413. None of the funds made available by this title 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. 414. (a) None of the funds appropriated or otherwise made
available under this title 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 2006.
Sec. 415. (a) None of the funds appropriated or otherwise made
available under this title 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 2006.
Sec. 416. (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 amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(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. 417. Ceilings and earmarks contained in this title 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 title.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2006''.
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, $1,172,000, 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, $9,048,000: Provided, 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),
$3,300,000, to remain available until September 30, 2007.
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, $2,030,000,
to remain available until September 30, 2007.
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 September 30, 2007.
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.
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 $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, $289,771,000: Provided, That $288,771,000 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 2006 so as to result in a final fiscal year
2006 appropriation estimated at $1,000,000: Provided further, That any
offsetting collections received in excess of $288,771,000 in fiscal
year 2006 shall remain available until expended, but shall not be
available for obligation until October 1, 2006: 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 2006.
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, $211,000,000, 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 $116,000,000
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, notwithstanding any other
provision of law, $23,000,000 in offsetting collections derived from
fees sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telephone Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and be
retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are received
during fiscal year 2006, so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more than
$72,000,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to enforce subsection (e) of
section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or
section 151(b)(2) of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (12 U.S.C. 1831t note).
Legal Services Corporation
Payment to the Legal Services Corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $330,803,000,
of which $312,375,000 is for basic field programs and required
independent audits; $2,539,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $12,825,000 is for management and
administration; $1,255,000 is for client self-help and information
technology; and $1,809,000 is for grants to offset losses due to census
adjustments.
Administrative Provision--Legal Services Corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2005 and 2006, 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 $1,809,000 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, $2,920,000, of which
$920,000 shall remain available until September 30, 2007.
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, $1,500,000, 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, $888,117,000, 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 $863,117,000 of such offsetting collections
shall be available until expended for necessary expenses of this
account: Provided further, That $25,000,000 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 2006 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2006 appropriation from the
general fund estimated at not more than $0.
Small Business Administration
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, 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, $313,029,000: 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 2006 or fiscal
year 2007 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 41 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,
$13,900,000.
Surety Bond Guarantees Revolving Fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act, as amended,
$2,861,000, to remain available until expended.
Business Loans Program Account
(including transfers of funds)
For the cost of direct loans, $1,300,000, 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 2006
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958, shall not exceed the levels established under
20(e)(1)(B)(ii) of the Small Business Act: Provided further, That
during fiscal year 2006 commitments for general business loans
authorized under section 7(a) of the Small Business Act, shall not
exceed the levels established under 20(e)(1)(B)(i) of the Small
Business Act: Provided further, That during fiscal year 2006
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958, shall not exceed
$3,000,000,000: Provided further, That during fiscal year 2006
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $125,307,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses: Provided,
That, of the funds previously made available under Public Law 105-135,
section 507(g), for the Delta Loan program, up to $500,000 may be
transferred to and merged with the appropriation for Salaries and
Expenses.
Disaster Loans Program Account
(including transfers of funds)
From unobligated balances under this heading, in fiscal year 2006,
not to exceed $9,000,000 may be transferred to and merged with
appropriations for Salaries and Expenses for indirect administrative
expenses, of which $1,500,000 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.
Administrative Provision--Small Business Administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572), $3,500,000: 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
September 30, 2007.
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, $22,350,000, to
remain available until September 30, 2007.
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-
99; 118 Stat. 448), $150,000, to remain available until September 30,
2007.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2006, 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 2006, 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 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. 607. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made
in America'' inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 608. The Departments of Commerce, Justice, and State, the
Broadcasting Board of Governors, the National Science Foundation, the
National Aeronautics and Space Administration, 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. 609. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 610. 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. 611. 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. 612. 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. 613. For additional amounts under the heading ``Small Business
Administration, Salaries and Expenses'', $1,000,000 shall be available
for the Adelante Development Center, Inc., NM; $850,000 shall be
available for the Alabama Department of Archives and History,
Montgomery, AL; $500,000 shall be available for the Alabama Humanities
Foundation for a Statewide Initiative; $1,500,000 shall be available
for Alabama State Docks Economic Development; $200,000 shall be
available for the Alaska Small Business Development Center; $1,000,000
shall be available for the Alcorn State University Judicial Threat
Analysis Center; $775,000 shall be available for Ben Franklin
Technology Partners Translational Action Research Boards, Philadelphia,
PA; $1,000,000 shall be available for the Bring Back Broad Street
Initiative, Mobile, AL; $450,000 shall be available for the City of
Guin, AL, Industrial Development Initiative; $250,000 shall be
available for the City of Monroeville, AL, Community Enrichment
Project; $300,000 shall be available for the City of Oneonta, AL, for
industrial development; $500,000 shall be available for the City of
Richland Revitalization Project; $100,000 shall be available for
community development in Randolph County, AL; $275,000 shall be
available for the Community Development Project, Huntsville, AL;
$500,000 shall be available for economic development in Lamar County,
AL; $100,000 shall be available for the Great Lakes Business Growth and
Development Center at Lorain County Community College; $200,000 shall
be available for the Greenville Waterfront Industrial Enhancement
Project; $50,000 shall be available for the Houston Community College
Multi-Cultural Business Center; $75,000 shall be available for the
Idaho Virtual Incubator at Lewis-Clark State College; $500,000 shall be
available for Industrial Infrastructure in Hartselle, AL; $5,000,000
shall be available for the Industrial Outreach Service at Mississippi
State University; $450,000 shall be available for infrastructure
development in Chambers County, AL; $200,000 shall be available for the
Investnet/Technology Venture Center partnership for Alaska and Montana;
$200,000 shall be available for the Knoxville College Small Business
Incubator Program; $350,000 shall be available for the LeFleur Lakes
Flood Control/Pearl River Watershed project; $750,000 shall be
available for the Manufacturing Technology Initiative at Mississippi
State University; $500,000 shall be available for the Mississippi
Children's Museum; $1,000,000 shall be available for the Mississippi
Film Enterprise Zone; $1,250,000 shall be available for the Mississippi
Technology Alliance Economic Development Plan; $500,000 shall be
available for the Mitchell Memorial Library for the digitization of
special collections; $500,000 shall be available for the Montgomery,
AL, Downtown Revitalization Project; $650,000 shall be available for
the New Product Development and Commercialization Center for Rural
Manufacturers; $2,100,000 shall be available for the Oak Ridge National
Laboratory for the Southeastern fiber optic project (Lambda Rail);
$500,000 shall be available for the Old Fort McClellan Economic
Development Initiative, Anniston, AL; $75,000 shall be available for
the Pro-Tech Program at the College of Southern Idaho; $500,000 shall
be available for the Shelby County, AL, Environmental Education Center;
$2,000,000 shall be available for Small Business Development Centers in
Mississippi; $100,000 shall be available for the South Carolina
International Center for Automotive Research Park Innovation Center;
$250,000 shall be available for the Technology Venture Center, MT;
$25,000 shall be available for the Town of Millry, AL, for community
development; $1,000,000 shall be available for the Toxin Alert
Development Project at the University of Southern Mississippi; $500,000
shall be available for the Troy University Center for International
Business and Economic Development; $900,000 shall be available for the
Tuck School of Business/MBDA Partnership; $150,000 shall be available
for the University of Alabama Community Development project; $350,000
shall be available for the University of West Alabama Regional Center
for Community and Economic Development; $1,000,000 shall be available
for the Women's Entrepreneurship Initiative at the Mississippi
University for Women; $500,000 shall be available for the Montana
Department of Administration for spatial data to enable economic
development; $500,000 shall be available for the City of Fort Wayne,
Indiana for the Institute for Orthopedic Biomaterials Research;
$1,000,000 shall be available for the New Mexico State University
Arrowhead Center; $1,000,000 shall be available for the New Mexico
Community Development Loan Fund/WESSTCorp. Cooperative; $1,500,000
shall be available for the Inland Northwest Regional GigaPop Network
Connectivity project; $300,000 shall be available for the Brooklyn, NY
Chamber of Commerce for the Brooklyn Goes Global program; $500,000
shall be available for the Institute for Technology and Business
Development at Central Connecticut State University; $500,000 shall be
available for the Iowa Department of Economic Development for the
Entrepreneurial Venture Assistance Project; $400,000 shall be available
for the New Ventures Center in Davenport in Iowa; $400,000 shall be
available for the Pappajohn Higher Education Center in Des Moines,
Iowa; $250,000 shall be available for the University of Vermont Small
Enterprise Research Initiative; $200,000 shall be available for the
Genesis of Innovation in Rapid City, South Dakota; $500,000 shall be
available for the Wisconsin Security Research Consortium, a
collaboration between the University of Wisconsin System and the
Wisconsin Technology Council; $500,000 shall be available for the Rowan
University Technology Center and Business Incubator; $1,500,000 shall
be available for the Vermont Center for Emerging Technologies; $500,000
shall be available for the Vermont Employee Ownership Center; $820,000
shall be available for the Central Michigan University Center for
Applied Research and Technology; $500,000 shall be available for the
Nanotechnology Economic Development Program at the University of
Arkansas at Little Rock; $1,100,000 shall be available for the
University of Arkansas' Research and Technology Park; $600,000 shall be
available for the Maryland Technology Development Corporation for the
Minority R&D Initiative; $1,000,000 shall be available for the
University of West Florida's Statewide Small Business Development
Center Network; $200,000 shall be available for the Nevada's Commission
on Economic Development; $1,000,000 shall be available for the Clark
County Department of Aviation, Las Vegas, Nevada to study and operate
the international air trade show; $250,000 shall be available for the
Corona-Elmhurst Center for Economic Development, New York; $180,000
shall be available for the Sephardic Angel Fund, New York City;
$500,000 shall be available for the Detroit Economic Growth Business
Attraction Program; $250,000 shall be available for the Oregon
Department of Consumer and Business Services' One-Stop Permitting
Portal; $250,000 shall be available for the Fossil Bed Park and Ancient
Lands Field House; $100,000 shall be for a grant to Cedar Creek
Battlefield Foundation; $100,000 shall be for a grant to Belle Grove
Plantation; $250,000 shall be for a grant to Shenandoah University for
a facility; $100,000 shall be for a grant to Winchester-Frederick
Convention and Visitor Bureau; $2,000,000 shall be for a grant to
Virginia Community College System for a web portal; $200,000 shall be
for a grant to Americans at War; $500,000 shall be for a grant to
Warren County, Virginia, for a community enhancement project;
$2,000,000 shall be available for the United States-China Economic and
Security Review Commission for projects to study Chinese policies and
practices and their impacts on American interests, the American
economy, and small businesses; $200,000 shall be for a grant to the
Myrtle Beach International Trade and Convention Center; $575,000 shall
be for a grant to the Innovation and Outreach Center at the University
of Mississippi; $500,000 shall be for a grant to Competitive
Manufacturing through Innovation Management at the University of
Wisconsin Oshkosh; $200,000 shall be for a grant to Business and
Industrial Incubator in Cushing, Oklahoma; $500,000 shall be for a
grant to Patrick Henry Community College for a workforce development
program; $500,000 shall be for a grant to Danville Community College
for a workforce development program; $500,000 shall be for a grant to
Advanced and Applied Polymer Processing Institute; $1,000,000 shall be
for a grant to the Industrial Development Authority of Halifax, VA;
$1,000,000 shall be for a grant to the University of Illinois for the
Information Trust Initiative; $1,000,000 shall be for a grant to
Aurora, IL, for construction and other activities related to community
development; $200,000 shall be for a grant to Carnegie Mellon
University for a Community-Based Demonstration Project; $500,000 shall
be for a grant to REI Rural Business and Resource Center in Seminole,
Oklahoma; $1,000,000 shall be for a grant to Appalachian State
University; $1,000,000 shall be for a grant to Western Carolina
University for a computer engineering program; $1,000,000 shall be for
a grant to International Small Business and Trade Institute; $500,000
shall be for a grant to the Illinois Institute for Technology to
examine and assess advancements in biotechnologies; $3,000,000 shall be
for a grant to the Southern and Eastern Kentucky Tourism Development
Association; $2,500,000 shall be for a grant to the Southern and
Eastern Kentucky Economic Development Corporation; $1,000,000 shall be
for a grant to the National Center for Community Renewal; $250,000
shall be for a grant to Advanced Business Technology Incubator at
College of the Canyons; $250,000 shall be for a grant to the Applied
Competitive Technologies Program of the California Community Colleges;
$250,000 shall be for a grant to Adirondack Champlain Fiber Network;
$100,000 shall be for a grant to Amoskeag Business Incubator; $500,000
shall be for a grant to the Montana World Trade Center; $1,000,000
shall be for a grant to the Fairplex Trade and Conference Center;
$220,000 shall be for a grant to Virtual Business Incubator in
Southeast Pennsylvania; $250,000 shall be for a grant to the Rochester
Tooling and Machining Association; $600,000 shall be for a grant to
Wittenberg University to expand business education; $500,000 shall be
for a grant to Experience Works to expand opportunities for older
workers; $1,000,000 shall be for a grant to Innovation Center in
Peoria, Illinois; $1,250,000 shall be for a grant to North Iowa Area
Community College business incubator; $1,000,000 shall be for a grant
to University of Redlands for development of a center to assist small
business; $500,000 shall be for a grant to McHenry County Economic
Development Corporation; $300,000 shall be for a grant to Rockford Area
Ventures in Rockford, Illinois; $1,100,000 shall be for a grant to Ohio
Ready to Work program; $530,000 shall be for a grant to Michigan State
University for the Institute for Trade in the Americas; $500,000 shall
be for a grant to Bridgeport Regional Business Council for an economic
integration initiative; $100,000 shall be for a grant to Cedarbridge
Development Corporation for a redevelopment initiative; $100,000 shall
be for a grant to the Heart of Florida Regional Coalition; $150,000
shall be for a grant to Syracuse, NY, for a small business community
support program; $500,000 shall be for a grant to the Connect the
Valley initiative; $500,000 shall be for a grant to the Chattanooga
Enterprise Center for a demonstration project; $150,000 shall be
available for a grant to St. Jerome Church for their community center
project and programs in the Bronx, New York; $50,000 shall be available
for a grant to establish the Tito Puente Legacy Project at Hostos
Community College in New York; $150,000 shall be available for a grant
to the Bronx Council on the Arts for its Arts Cultural Corridor Project
to promote local arts initiatives; $50,000 shall be available for a
grant to the South Bronx Action Group to provide housing related
services to the community; $100,000 shall be available for a grant to
Pro Co Technology, Inc. for their programs in the Bronx, New York;
$150,000 shall be available for a grant to Bronx Shepherds for
community programs; $200,000 shall be available for a grant to HOGAR,
Inc. in the Bronx, New York; $50,000 shall be available for a grant to
the Promesa Foundation to provide financial assistance to New York area
families under a youth sports and recreational initiative; $100,000
shall be available for a grant to Promesa Enterprises in New York for
infrastructure program support; $100,000 shall be available for a grant
to Presbyterian Senior Services for capital costs for their Grandparent
Family Apartments project in the Bronx, New York; $50,000 shall be
available for a grant to World Vision's Bronx Storehouse for services
in the community; $50,000 shall be available for a grant to the Bronx
River Alliance for its services in the Bronx, New York; $600,000 shall
be available to the Downtown Huntsville Small Business Enhancement
Initiative; $150,000 shall be available for the Rhode Island College
for the Project FLIP (Financial and Functional Literacy Incentive
Program); $750,000 shall be available for the Rhode Island School of
Design in Providence, Rhode Island; $100,000 shall be available for the
Newport County Chamber of Commerce for the Aquidneck Island Corporate
Park Capital Program; $700,000 shall be available for the American
Cities Foundation (ACF) Economic Development Initiative; $300,000 shall
be available for CAP Services in Stevens Point, WI; $500,000 shall be
available for the Northwest Regional Planning Commission; $400,000
shall be available for the Wisconsin Procurement Institute; $250,000
shall be for the JARI Workforce Development Program; $250,000 shall be
for the JARI Small Business Technology Center; $400,000 shall be for
the Economic Growth Connection Procurement Assistance Program; $300,000
shall be for the Franklin County, Massachusetts Community Development
Corporation for a rural economic growth program; $1,870,000 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 the INNOVA small business incubator; $30,000 shall be
available for the Town of Hambleton for upgrades and renovations to the
town hall; $100,000 shall be available for the Parsons Revitalization
Organization for planning purposes; $100,000 shall be available for
Rowlesburg Revitalization Committee for neighborhood revitalization;
$500,000 shall be available for the Institute for Entrepreneurship,
Small Business Development and Global Logistics at California State
University at Dominguez Hills, California; $300,000 shall be available
for Brooklyn Economic Development Corporation in Brooklyn, New York to
support and expand the Initiative for a Competitive Brooklyn; and
$200,000 shall be available for the Local Development Corporation of
East New York for the Brooklyn Enterprise Center.
Sec. 614. 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. 615. All disaster loans issued in Alaska or North Dakota shall
be administered by the Small Business Administration and shall not be
sold during fiscal year 2006.
Sec. 616. 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. 617. The Departments of Commerce, Justice, and State, 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 have
increased over levels certified to the Committees on Appropriations for
fiscal year 2005: Provided, That, of the total amounts appropriated to
the Departments of Commerce, Justice, and State, the Securities and
Exchange Commission and the Small Business Administration, $5,000,000
shall be available to each 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 and percentage of Federal employees
eligible for, and participating in, such programs: Provided further,
That each Department or agency shall maintain 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. 618. 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. 619. The National Aeronautics and Space Administration and the
National Science Foundation 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
National Aeronautics and Space Administration and the National Science
Foundation, $5,000,000 shall be available to each agency only upon such
certification: Provided further, That both agencies 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 both agencies 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. 620. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
Sec. 621. (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. 622. 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. 623. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 624. None of the funds made available in this Act 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. 625. Of the amounts made available in this Act, $393,616,321
from ``Department of State''; $27,938,072 from ``Department of
Justice''; $14,107,754 from ``Department of Commerce''; $426,314 from
``United States Trade Representative''; $575,116 from ``Broadcasting
Board of Governors''; $291,855 from ``National Aeronautics and Space
Administration''; and $79,754 from ``National Science Foundation''
shall be available for the purposes of implementing the Capital
Security Cost Sharing program.
Sec. 626. 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. 627. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of the National Aeronautics and Space Administration may
sell the National Aeronautics and Space Administration-owned property
on the Camp Parks Military Reservation, Alameda County, California.
Sec. 628. (a) In General.--The President of the United States
through his designee the Administrator of the National Aeronautics and
Space Administration and in consultation with other Federal agencies
shall develop a national aeronautics policy to guide the aeronautics
programs of the Administration through 2020.
(b) Content.--At a minimum, the national aeronautics policy shall
describe--
(1) the priority areas of research for aeronautics through
fiscal year 2011;
(2) the basis on which and the process by which priorities for
ensuing fiscal years will be selected;
(3) the facilities and personnel needed to carry out the
program through fiscal year 2011; and
(4) the budget assumptions on which the national aeronautics
policy is based.
(c) Considerations.--In developing the national aeronautics policy,
the President shall consider the following questions, which shall be
discussed in the policy statement--
(1) the extent to which NASA should focus on long-term, high-
risk research or more incremental research or both and the expected
impact on the U.S. aircraft and airline industries of those
decisions;
(2) the extent to which NASA should address military and
commercial needs;
(3) how NASA will coordinate its aeronautics program with other
Federal agencies; and
(4) the extent to which NASA will fund university research and
the expected impact of that funding on the supply of U.S. workers
for the aeronautics industry.
(d) Consultation.--In developing the national aeronautics policy,
the Administrator shall consult widely with academic and industry
experts and with other Federal agencies. The Administrator may enter
into an arrangement with the National Academy of Sciences to help
develop the national aeronautics policy.
(e) Schedule.--The Administrator shall submit the new national
aeronautics policy to the House and Senate Committees on Appropriations
and to the House Committee on Science and the Senate Committee on
Commerce, Science, and Transportation within one year of enactment of
this Act. The Administrator shall make available to the Congress any
study done by a non-governmental entity that was used in the
development of the national aeronautics policy.
Sec. 629. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 630. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR Sec. 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 631. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 632. Of the funds appropriated to the Federal Trade Commission
by this Act, not less than $1,000,000 shall be used by the Commission
to conduct an immediate investigation into nationwide gasoline prices
in the aftermath of Hurricane Katrina: Provided, That the investigation
shall include: (1) any evidence of price-gouging by companies with
total United States wholesale sales of gasoline and petroleum
distillates for calendar 2004 in excess of $500,000,000 and by any
retail distributor of gasoline and petroleum distillates against which
multiple formal complaints (that identify the location of a particular
retail distributor and provide contact information for the complainant)
of price-gouging were filed in August or September, 2005, with a
Federal or State consumer protection agency; (2) a comparison of, and
an explanation of the reasons for changes in, profit levels of such
companies during the 12-month period ending on August 31, 2005, and
their profit levels for the month of September, 2005, including
information for particular companies on a basis that does not permit
the identification of any company to which the information relates; (3)
a summary of tax expenditures (as defined in section 3(3) of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(3)) for such companies; (4) the effects of increased gasoline
prices and gasoline price-gouging on economic activity in the United
States; and (5) the overall cost of increased gasoline prices and
gasoline price-gouging to the economy, including the impact on
consumers' purchasing power in both declared State and National
disaster areas and elsewhere: Provided further, That, in conducting its
investigation, the Commission shall treat as evidence of price-gouging
any finding that the average price of gasoline available for sale to
the public in September, 2005, or thereafter in a market area located
in an area designated as a State or National disaster area because of
Hurricane Katrina, or in any other area where price-gouging complaints
have been filed because of Hurricane Katrina with a Federal or State
consumer protection agency, exceeded the average price of such gasoline
in that area for the month of August, 2005, unless the Commission finds
substantial evidence that the increase is substantially attributable to
additional costs in connection with the production, transportation,
delivery, and sale of gasoline in that area or to national or
international market trends: Provided further, That in any areas of
markets in which the Commission determines price increases are due to
factors other than the additional costs, it shall also notify the
appropriate State agency of its findings: Provided further, That the
Commission shall provide information on the progress of the
investigation to the Senate and House Appropriations Committees, the
Senate Committee on Commerce, Science, and Transportation, and the
House of Representatives Committee on Energy and Commerce every 30 days
after the date of enactment of this Act, shall provide those Committees
a written interim report 90 days after such date, and shall transmit a
final report to those Committees, together with its findings and
recommendations, no later than 180 days after the date of enactment of
this Act: Provided further, That the Commission shall transmit
recommendations, based on its findings, to the Congress for any
legislation necessary to protect consumers from gasoline price-gouging
in both State and National disaster areas and elsewhere: Provided
further, That chapter 35 of title 44, United States Code, does not
apply to the collection of information for the investigation required
by this section: Provided further, That if, during the investigation,
the Commission obtains evidence that a person may have violated a
criminal law, the Commission may transmit that evidence to appropriate
Federal or State authorities: Provided further, That nothing in this
section affects any other authority of the Commission to disclose
information.
Sec. 633. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2005,''
each place it appears and inserting ``December 31, 2006,''.
Sec. 634. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
determines that such attendance is in the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United
States Government and representatives of foreign governments,
international organizations, or nongovernmental organizations.
Sec. 635. (a) Modification of Responsibilities.--Notwithstanding
any provision of section 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), or any other
provision of law, the United States-China Economic and Security Review
Commission established by subsection (b) of that section shall
investigate and report exclusively on each of the following areas:
(1) Proliferation practices.--The role of the People's Republic
of China in the proliferation of weapons of mass destruction and
other weapons (including dual use technologies), including actions
the United States might take to encourage the People's Republic of
China to cease such practices.
(2) Economic transfers.--The qualitative and quantitative
nature of the transfer of United States production activities to
the People's Republic of China, including the relocation of high
technology, manufacturing, and research and development facilities,
the impact of such transfers on United States national security,
the adequacy of United States export control laws, and the effect
of such transfers on United States economic security and
employment.
(3) Energy.--The effect of the large and growing economy of the
People's Republic of China on world energy supplies and the role
the United States can play (including through joint research and
development efforts and technological assistance) in influencing
the energy policy of the People's Republic of China.
(4) Access to united states capital markets.--The extent of
access to and use of United States capital markets by the People's
Republic of China, including whether or not existing disclosure and
transparency rules are adequate to identify People's Republic of
China companies engaged in harmful activities.
(5) Regional economic and security impacts.--The triangular
economic and security relationship among the United States, Taipei,
and the People's Republic of China (including the military
modernization and force deployments of the People's Republic of
China aimed at Taipei), the national budget of the People's
Republic of China, and the fiscal strength of the People's Republic
of China in relation to internal instability in the People's
Republic of China and the likelihood of the externalization of
problems arising from such internal instability.
(6) United states-china bilateral programs.--Science and
technology programs, the degree of non-compliance by the People's
Republic of China with agreements between the United States and the
People's Republic of China on prison labor imports and intellectual
property rights, and United States enforcement policies with
respect to such agreements.
(7) World trade organization compliance.--The compliance of the
People's Republic of China with its accession agreement to the
World Trade Organization (WTO).
(8) Freedom of expression.--The implications of restrictions on
speech and access to information in the People's Republic of China
for its relations with the United States in the areas of economic
and security policy.
(b) Applicability of Federal Advisory Committee Act.--Subsection
(g) of section 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 is amended to read as follows:
``(g) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of
the Commission.''.
Sec. 636. Section 635 of division B of Public Law 108-447 is
amended by striking ``balance'' and inserting ``and unexpended
balances''.
Sec. 637. 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.
(rescission)
Sec. 638. (a) There is hereby rescinded an amount equal to 0.28
percent of the budget authority provided for in fiscal year 2006 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,
$2,500,000 are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$102,000,000 are rescinded.
Federal Bureau of Investigation
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$25,000,000 are rescinded.
Office of Justice Programs
(rescission)
Of the unobligated balances available under this heading,
$110,500,000 are rescinded.
community oriented policing services
(rescission)
Of the unobligated balances available under this heading,
$86,500,000 are rescinded.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
(rescission)
Of the unobligated balances available in accounts under this
heading from prior year appropriations, $25,000,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
Salaries and Expenses
(rescission)
Of the unobligated balances available under this heading,
$25,300,000 are rescinded.
Federal Trade Commission
Salaries and Expenses
(rescission)
Of the unobligated balances available under this heading,
$12,000,000 are rescinded.
Marine Mammal Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading, $920,000
are rescinded.
Small Business Administration
Salaries and Expenses
(Rescission)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
Business Loans Program Account
(Rescission)
Of the unobligated balances available under this heading,
$4,000,000 are rescinded.
This Act may be cited as the ``Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.