[109th Congress Public Law 108]
[From the U.S. Government Printing Office]
[DOCID: f:publ108.109]
[[Page 2289]]
SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2006
[[Page 119 STAT. 2290]]
Public Law 109-108
109th Congress
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. <<NOTE: Nov. 22, 2005 - [H.R.
2862]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Science, State,
Justice, Commerce, and Related Agencies Appropriations Act, 2006.>> 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 <<NOTE: Department of Justice Appropriations Act, 2006.>> 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.
[[Page 119 STAT. 2291]]
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
[[Page 119 STAT. 2292]]
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.
[[Page 119 STAT. 2293]]
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.
[[Page 119 STAT. 2294]]
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
[[Page 119 STAT. 2295]]
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, <<NOTE: 18 USC 923 note.>> That no funds
appropriated under this or any other Act
[[Page 119 STAT. 2296]]
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, <<NOTE: Applicability.>> 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.
[[Page 119 STAT. 2297]]
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, <<NOTE: 42 USC 250a.>> 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
[[Page 119 STAT. 2298]]
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;
[[Page 119 STAT. 2299]]
(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--
[[Page 119 STAT. 2300]]
(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
[[Page 119 STAT. 2301]]
(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 <<NOTE: Notification.>> 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
[[Page 119 STAT. 2302]]
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--
[[Page 119 STAT. 2303]]
(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 <<NOTE: Applicability. Grants.>> 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 <<NOTE: Abortion.>> 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.
[[Page 119 STAT. 2304]]
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. <<NOTE: 5 USC 3104 note.>> 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. <<NOTE: Applicability. 28 USC 533 note.>> 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. <<NOTE: Establishment.>> 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 <<NOTE: Deadline.>> within 90 days of
enactment of this Act, the Department shall submit a plan that outlines
the governance
[[Page 119 STAT. 2305]]
structure and membership of the <<NOTE: Deadline.>> 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. <<NOTE: Establishment.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Bulletproof vests.>> 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''.
[[Page 119 STAT. 2306]]
TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 2006.>> 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
[[Page 119 STAT. 2307]]
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, <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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
[[Page 119 STAT. 2308]]
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, <<NOTE: 13 USC 5
note.>> That none of the funds provided in this or any other Act
[[Page 119 STAT. 2309]]
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
[[Page 119 STAT. 2310]]
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''.
[[Page 119 STAT. 2311]]
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, <<NOTE: 15
USC 1513b.>> 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
[[Page 119 STAT. 2312]]
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, <<NOTE: 15 USC
1513a.>> That beginning in
[[Page 119 STAT. 2313]]
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, <<NOTE: Contracts. California.>> 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
[[Page 119 STAT. 2314]]
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, <<NOTE: Notification. Deadline.>> 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
[[Page 119 STAT. 2315]]
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''.
[[Page 119 STAT. 2316]]
TITLE <<NOTE: Science Appropriations Act, 2006.>> 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-
[[Page 119 STAT. 2317]]
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.
[[Page 119 STAT. 2318]]
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.
[[Page 119 STAT. 2319]]
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 <<NOTE: Department of State and Related Agency Appropriations Act,
2006.>> 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
[[Page 119 STAT. 2320]]
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 <<NOTE: Deadline. Notification.>> 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
[[Page 119 STAT. 2321]]
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.
[[Page 119 STAT. 2322]]
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, <<NOTE: 22 USC 269a note.>> 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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Deadline. Notification.>> 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
[[Page 119 STAT. 2323]]
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, <<NOTE: Certification.>> 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 <<NOTE: 22 USC 269a note.>> 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
[[Page 119 STAT. 2324]]
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
[[Page 119 STAT. 2325]]
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:
[[Page 119 STAT. 2326]]
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. <<NOTE: Palestinian Broadcasting Corporation.>> 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. <<NOTE: Records. Israel.>> 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''.
[[Page 119 STAT. 2327]]
(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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: United Nations.>> 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, <<NOTE: Notification.>> 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. <<NOTE: United Nations.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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
[[Page 119 STAT. 2328]]
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.
[[Page 119 STAT. 2329]]
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 <<NOTE: Notification.>> 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
[[Page 119 STAT. 2330]]
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.
[[Page 119 STAT. 2331]]
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
[[Page 119 STAT. 2332]]
$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
[[Page 119 STAT. 2333]]
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
[[Page 119 STAT. 2334]]
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. <<NOTE: Contracts. Public information.>> 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) <<NOTE: Notification. Deadline.>> 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.
[[Page 119 STAT. 2335]]
(b) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Religious harrasment.>> 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. <<NOTE: Records.>> 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.
[[Page 119 STAT. 2336]]
Sec. 610. <<NOTE: Tobacco and tobacco products.>> 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. <<NOTE: Firearms.>> 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. <<NOTE: 42 USC 10601 note.>> 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,
[[Page 119 STAT. 2337]]
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
[[Page 119 STAT. 2338]]
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
[[Page 119 STAT. 2339]]
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
[[Page 119 STAT. 2340]]
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. <<NOTE: Discrimination.>> 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. <<NOTE: Loans. Alaska. North Dakota.>> 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. <<NOTE: Deadline. Certification. Telecommuting. 5 USC 6120
note.>> 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
[[Page 119 STAT. 2341]]
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, <<NOTE: Reports.>> 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, <<NOTE: Designation.>> 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. <<NOTE: Deadline. Certification. Telecommuting.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Designation.>> 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) <<NOTE: Firearms.>> 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.
[[Page 119 STAT. 2342]]
(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. <<NOTE: Torture.>> 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. <<NOTE: Certification.>> 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 <<NOTE: President. Guidelines. 42
USC 2451 note.>> 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
[[Page 119 STAT. 2343]]
(4) the budget assumptions on which the national aeronautics
policy is based.
(c) Considerations.--In <<NOTE: President.>> 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
[[Page 119 STAT. 2344]]
(C) articles for export from Canada to another
foreign destination.
(c) <<NOTE: Canada.>> 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) <<NOTE: President. Federal Register, publication.>> 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. <<NOTE: President.>> 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. <<NOTE: Gasoline and petroleum.>> 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
[[Page 119 STAT. 2345]]
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, <<NOTE: Notification.>> 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 <<NOTE: Reports. Deadlines.>> 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 <<NOTE: 118 Stat. 3998.>> 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.
[[Page 119 STAT. 2346]]
Sec. 635. (a) Modification <<NOTE: Reports. 22 USC 7002 note.>> 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.
[[Page 119 STAT. 2347]]
(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 <<NOTE: 22 USC 7002.>> 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. <<NOTE: 118 Stat. 2922.>> 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.
[[Page 119 STAT. 2348]]
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.
[[Page 119 STAT. 2349]]
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''.
Approved November 22, 2005.
LEGISLATIVE HISTORY--H.R. 2862:
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HOUSE REPORTS: Nos. 109-118 (Comm. on Appropriations) and 109-272
(Comm. of Conference).
SENATE REPORTS: No. 109-88 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 14-16, considered and passed House.
Sept. 8, 9, 12-15, considered and passed Senate, amended.
Nov. 9, House agreed to conference report.
Nov. 16, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 22, Presidential statement.
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