[109th Congress Public Law 115]
[From the U.S. Government Printing Office]
[DOCID: f:publ115.109]
[[Page 2395]]
TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006
[[Page 119 STAT. 2396]]
Public Law 109-115
109th Congress
An Act
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes. <<NOTE: Nov. 30, 2005 - [H.R. 3058]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006. Transportation,
Treasury, Housing and Urban Development, the Judiciary, and Independent
Agencies Appropriations Act, 2006. Department of Transportation
Appropriations Act, 2006.>> assembled,
DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE
JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the Judiciary,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $84,900,000,
of which not to exceed $2,198,000 shall be available for the immediate
Office of the Secretary; not to exceed $698,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,183,000
shall be available for the Office of the General Counsel; not to exceed
$11,650,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $8,485,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,293,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $22,031,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,910,000 shall be available for the Office of Public
Affairs; not to exceed $1,442,000 shall be available for the Office of
the Executive Secretariat; not to exceed $697,000 shall be available for
the Board of Contract Appeals; not to exceed $1,265,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,033,000 for the Office of Intelligence and
Security; not to exceed $11,895,000 shall be available for the Office of
the Chief Information Officer; and not to exceed $3,120,000 shall be
available for the Office of Emergency
[[Page 119 STAT. 2397]]
Transportation: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: <<NOTE: Notice.>> Provided further, That notice of any change
in funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
not to exceed $60,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights, $8,550,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $15,000,000.
working capital fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $118,014,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal
administrator: <<NOTE: Notice.>> Provided further, That no assessments
may be levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments and the
basis therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $400,000.
[[Page 119 STAT. 2398]]
minority business outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,000,000, to remain available until September 30, 2007:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $60,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this heading are
insufficient to meet the costs of the essential air service program in
the current fiscal year, the Secretary shall transfer such sums as may
be necessary to carry out the essential air service program from any
available amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
new headquarters building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $50,000,000, to remain
available until expended.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$8,036,000,000, of which $5,541,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,629,000,000
shall be available for air traffic organization activities; not to
exceed $958,542,000 shall be available for aviation regulation and
certification activities; not to exceed $11,759,000 shall be available
for commercial space transportation activities; not to exceed
$50,983,000 shall be available for financial services activities; not to
exceed $69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for region and
center operations and regional coordination activities; not to exceed
$142,000,000 shall be available for staff offices; and not to exceed
$36,112,000 shall be available for information services: Provided, That
not to exceed 2 percent
[[Page 119 STAT. 2399]]
of any budget activity, except for aviation regulation and certification
budget activity, may be transferred to any budget activity under this
heading: Provided further, That no transfer may increase or decrease any
appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 710 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That none of the funds in this
Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $7,500,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant agreement
with a nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further, That none of
the funds in this Act shall be available for new applicants for the
second career training program: Provided further, That none of the funds
in this Act shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay: Provided further, That none of the funds in this Act may be
obligated or expended to operate a manned auxiliary flight service
station in the contiguous United States: Provided further, That none of
the funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate through
use of a Government-issued credit card. In addition, $150,000,000 is for
costs associated with the flight service station transition.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of air navigation and experimental facilities and
equipment, as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease,
[[Page 119 STAT. 2400]]
or transfer of aircraft from funds available under this heading; to be
derived from the Airport and Airway Trust Fund, $2,540,000,000, of which
$2,110,789,500 shall remain available until September 30, 2008, and of
which $429,210,500 shall remain available until September 30, 2006:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That upon initial submission to the Congress of the fiscal year
2007 President's budget, the Secretary of Transportation shall transmit
to the Congress a comprehensive capital investment plan for the Federal
Aviation Administration which includes funding for each budget line item
for fiscal years 2007 through 2011, with total funding for each year of
the plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$138,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2008: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,550,000,000 in fiscal year 2006, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
[[Page 119 STAT. 2401]]
other airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$71,096,000 shall be obligated for administration, not less than
$10,000,000 shall be available for the airport cooperative research
program, and not less than $10,000,000 shall be available to carry out
the Small Community Air Service Development Program, to remain available
until expended: <<NOTE: Deadline. 49 USC 44706 note.>> Provided further,
That not later than December 31, 2015, the owner or operator of an
airport certificated under 49 U.S.C. 44706 shall improve the airport's
runway safety areas to comply with the Federal Aviation Administration
design standards required by 14 CFR part 139: Provided
further, <<NOTE: Reports.>> That the Federal Aviation Administration
shall report annually to the Congress on the agency's progress toward
improving the runway safety areas at 49 U.S.C. 44706 airports.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30,
2006 and prior years under sections 48103 and 48112 of title 49, United
States Code, $1,032,000,000 are rescinded.
administrative provisions--federal aviation administration
Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other
provision of law, airports may transfer without consideration to the
Federal Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual range
equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program,
airport development aid program or airport improvement program grant:
Provided, That the Federal Aviation Administration shall accept such
equipment, which shall thereafter be operated and maintained by FAA in
accordance with agency criteria.
Sec. 102. None of the funds in this Act may be used to compensate in
excess of 375 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2006.
Sec. 103. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 104. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2006, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that
[[Page 119 STAT. 2402]]
fiscal year may be made available to satisfy section 41742(a)(1) for the
subsequent fiscal year.
Sec. 105. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 106. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 107. None of the funds made available in this Act shall be used
for engineering work related to an additional runway at Louis Armstrong
New Orleans International Airport.
Sec. 108. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2005,'' each place it appears and inserting
``2006,''.
(b) Section 44303(b) of such title is amended by striking ``2005,''
and inserting ``2006,''.
Sec. 109. Section 47114(c)(1) of title 49, United States Code, is
amended by adding the following new paragraph at the end:
``(G) Special rule for fiscal year 2006.--
Notwithstanding subparagraph (A) and the absence of
scheduled passenger aircraft service at an airport, the
Secretary may apportion in fiscal year 2006 to the
sponsor of the airport an amount equal to $500,000, if
the Secretary finds that--
``(i) the passenger boardings at the airport
were below 10,000 in calendar year 2004;
``(ii) the airport had at least 10,000
passenger boardings and scheduled passenger
aircraft service in either calendar year 2000 or
2001; and
``(iii) the reason that passenger boardings
described in clause (i) were below 10,000 was the
decrease in passengers following the terrorist
attacks of September 11, 2001.''.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $364,638,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
federal-aid highways
(limitation on obligations)
(highway trust fund)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $36,032,343,903 for Federal-aid
highways and highway safety construction programs for fiscal year 2006:
Provided, That within the $36,032,343,903 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or execution
of programs for transportation research (chapter 5 of
[[Page 119 STAT. 2403]]
title 23, United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109-59) for fiscal year
2006: Provided further, That this limitation on transportation research
programs shall not apply to any authority previously made available for
obligation: Provided further, That the Secretary may, as authorized by
section 605(b) of title 23, United States Code, collect and spend fees
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments and all or a portion of the
costs to the Federal government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$36,032,343,903 or so much thereof as may be available in and derived
from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $1,999,999,000 are rescinded:
Provided, That such rescission shall not apply to the funds distributed
in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as in effect
prior to the date of enactment of Public Law 109-59, the first sentence
of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 U.S.C. 163 as in
effect prior to the enactment of Public Law 109-59.
appalachian development highway system
For necessary expenses for the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240, as
amended, $20,000,000, to remain available until expended.
administrative provisions--federal highway administration
Sec. 110. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2006, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe,
[[Page 119 STAT. 2404]]
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users); the highway use tax evasion program; the
Bureau of Transportation Statistics; the programs, projects, and
activities funded from the takedown authorized by section 112 of
this Act; and the unobligated balances of funds made available
for programs, projects, and activities funded from the takedown
authorized by section 117 of title I of division H of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) for
which no obligation limitation has previously been made
available;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (9) of subsection (b) and sums
authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users) and 144(g) of
title 23, United States Code; and section 14501 of title 40,
United States Code, so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying the ratio determined under paragraph
(3) by the sums authorized to be appropriated for that section
for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by
the Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under
[[Page 119 STAT. 2405]]
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned for
the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
(j) of section 131 of the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987; (6) under
sections 1103 through 1108 of the Intermodal Surface Transportation
Efficiency Act of 1991; (7) under section 157 of title 23, United States
Code, as in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of those
fiscal years; (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation
authority has not lapsed or been used; (10) under section 105 of title
23, United States Code, but only in an amount equal to $639,000,000 for
each of fiscal years 2005 and 2006; and (11) under section 1603 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation.
(c) <<NOTE: Effective date.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the obligation
limitation made available under subsection (a) if the amount distributed
cannot be obligated during that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in addition to those
previously distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned under
sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of
[[Page 119 STAT. 2406]]
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, except that obligation authority made available for
such programs under such limitation shall remain available for a period
of 3 fiscal years and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and highway
safety construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any
obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(1) for programs,
projects, and activities funded from the takedown authorized by section
117 of title I of division H of Public Law 108-447 and under subsection
(a)(4) for the provision specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111
[[Page 119 STAT. 2407]]
may be credited to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That such funds
shall be subject to the obligation limitation for Federal-aid highways
and highway safety construction.
Sec. 112. Notwithstanding any other provision of law, whenever an
allocation is made of the sums authorized to be appropriated for
expenditure on the Federal lands highway program, and whenever an
apportionment is made of the sums authorized to be appropriated for the
surface transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the Interstate
maintenance program, the bridge program, the Appalachian development
highway system, and the equity bonus program, the Secretary of
Transportation shall deduct a sum in such amount not to exceed 2.75
percent of all sums so authorized: Provided, That of the amount so
deducted in accordance with this section, $600,000,000 shall be made
available for surface transportation projects and $25,000,000 shall be
made available for highway priority projects as identified under this
section in the statement of the managers accompanying this Act: Provided
further, That notwithstanding any other provision of law and the
preceding clauses of this provision, the Secretary of Transportation may
use amounts made available by this section to make grants for any
surface transportation project otherwise eligible for funding under
title 23 or title 49, United States Code: Provided further, That funds
made available under this section, at the request of a State, shall be
transferred by the Secretary to another Federal agency: Provided
further, That the Federal share payable on account of any program,
project, or activity carried out with funds made available under this
section shall be 100 percent: Provided further, That the sum deducted in
accordance with this section shall remain available until expended:
Provided further, That all funds made available under this section shall
be subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or any other
Act: Provided further, That the obligation limitation made available for
the programs, projects, and activities for which funds are made
available under this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on obligations
for Federal-aid highway and highway safety construction programs for
future fiscal years.
Sec. 113. Notwithstanding any other provision of law, projects and
activities described in the statement of managers accompanying this Act
under the headings ``Federal-Aid Highways'' and ``Federal Transit
Administration'' shall be eligible for fiscal year 2006 funds made
available for the project for which each project or activity is so
designated: Provided, That the Federal share payable on account of any
such projects and activities subject to this section shall be the same
as the share required by the Federal program under which each project or
activity is designated unless otherwise provided in this Act.
Sec. 114. Bypass Bridge at Hoover Dam. (a) In General.--Subject to
subsection (b), the Secretary of Transportation may expend from any
funds appropriated for expenditure in accordance with title 23, United
States Code, for payment of debt service by the States of Arizona and
Nevada on notes issued for the bypass bridge project at Hoover Dam,
pending appropriation or replenishment for that project.
[[Page 119 STAT. 2408]]
(b) Reimbursement.--Funds expended under subsection (a) shall be
reimbursed from the funds made available to the States of Arizona and
Nevada for payment of debt service on notes issued for the bypass bridge
project at Hoover Dam.
Sec. 115. Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2) State action.--
``(A) <<NOTE: Effective date. Termination
date.>> Weight limitations.--For the period beginning on
the date of enactment of this subparagraph and ending on
September 30, 2009, a covered State, including any
political subdivision of such State, may not enforce a
single axle weight limitation of less than 24,000
pounds, including enforcement tolerances, on any vehicle
referred to in paragraph (1) in any case in which the
vehicle is using the Interstate System.
``(B) Covered state defined.--In this paragraph, the
term `covered State' means a State that has enforced, in
the period beginning on October 6, 1992, and ending on
the date of enactment of this subparagraph, a single
axle weight limitation of 20,000 pounds or greater but
less than 24,000 pounds, including enforcement
tolerances, on any vehicle referred to in paragraph (1)
in any case in which the vehicle is using the Interstate
System.''.
Sec. 116. <<NOTE: Washington.>> Notwithstanding any other provision
of law, access to the I-5 ``Transit Only'' ramps at NE 163rd in
Shoreline, Washington, shall be expanded to include King County Solid
Waste Division transfer vehicles upon the determination of the Federal
Highway Administrator that necessary safety improvements have been
completed.
Sec. 117. <<NOTE: Michigan.>> Designation of Max M. Fisher Memorial
Highway. (a) Designation.--The portion of highway US-24 in the State of
Michigan, beginning at Interstate 96 and extending north to Interstate
75 at exit 93 west of Clarkston, shall be known and designated as the
``Max M. Fisher Memorial Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the highway portion
referred to in subsection (a) shall be deemed to be a reference to the
``Max M. Fisher Memorial Highway''.
Sec. 118. <<NOTE: Pennsylvania.>> Notwithstanding any other
provision of law, funds provided in Public Law 108-7 under the heading
``Federal-aid Highways'' for intelligent transportation system projects
and designated for Gettysburg Borough Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania shall be available for
Gettysburg Borough and Surrounding Municipalities Signal Coordination
and Upgrade-Signalization; Adams County, Pennsylvania.
[[Page 119 STAT. 2409]]
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $213,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$213,000,000, for ``Motor Carrier Safety Operations and Programs'', of
which $10,084,000, to remain available for obligation until September
30, 2008, is for the research and technology program and $1,000,000
shall be available for commercial motor vehicle operator's grants to
carry out section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under this
heading for outreach and education shall be available for transfer.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104, 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $282,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$282,000,000, for ``Motor Carrier Safety Grants''; of which $188,000,000
shall be available for the motor carrier safety assistance program to
carry out sections 31102 and 31104 of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's license
improvements program to carry out section 31313 of title 49, United
States Code; $32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United States
Code; $5,000,000 shall be available for the performance and registration
information system management program to carry out sections 31106 and
31109 of title 49, United States Code; $25,000,000 shall be available
for the commercial vehicle information systems and networks deployment
program to carry out section 4126 of Public Law 109-59; $2,000,000 shall
be available for the safety data
[[Page 119 STAT. 2410]]
improvement program to carry out section 4128 of Public Law 109-59; and
$5,000,000 shall be available for the commercial driver's license
information system modernization program to carry out section 31309 of
title 49, United States Code: Provided further, That of the funds made
available for the motor carrier safety assistance program, $29,000,000
shall be available for audits of new entrant motor carriers.
administrative provision--federal motor carrier safety administration
Sec. 120. <<NOTE: Applicability. Reports.>> Funds appropriated or
limited in this Act shall be subject to the terms and conditions
stipulated in section 350 of Public Law 107-87, including that the
Secretary submit a report to the House and Senate Appropriations
Committees annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
National Highway Traffic Safety Administration
operations and research
(highway trust fund)
(including transfer of funds)
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $122,457,000, to be derived from the sum authorized to be
deducted under section 112 of this Act and transferred to the National
Highway Traffic Safety Administration upon enactment of this Act, of
which $96,301,000 shall remain available until September 30, 2006 and
$26,156,000 shall remain available until September 30, 2008: Provided,
That such funds shall be transferred to and administered by the National
Highway Traffic Safety Administration: Provided further, That none of
the funds appropriated by this Act may be obligated or expended to plan,
finalize, or implement any rulemaking to add to section 575.104 of title
49 of the Code of Federal Regulations any requirement pertaining to a
grading standard that is different from the three grading standards
(treadwear, traction, and temperature resistance) already in effect:
Provided further, That all funds made available under this heading shall
be subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or any other
Act: Provided further, That the obligation limitation made available for
the programs, projects, and activities for which funds are made
available under this heading shall remain available as specified and
shall be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
[[Page 119 STAT. 2411]]
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, to remain available until expended, $110,000,000, to
be derived from the Highway Trust Fund: Provided, That none of the funds
in this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2006, are in excess of
$110,000,000 for programs authorized under 23 U.S.C. 403.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the Highway
Trust Fund and remain available until September 30, 2007: Provided, That
none of the funds in this Act shall be available for the implementation
or execution of programs the obligations for which are in excess of
$4,000,000 for the National Driver Register authorized under chapter 303
of title 49, United States Code.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, to remain available until expended,
$578,176,000 to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2006, are in excess of
$578,176,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109-59, of which $217,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402, $25,000,000 shall be for ``Occupant Protection
Incentive Grants'' under 23 U.S.C. 405, $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406, $34,500,000
shall be for ``State Traffic Safety Information System Improvements''
under 23 U.S.C. 408, $120,000,000 shall be for ``Alcohol-Impaired
Driving Countermeasures Incentive Grant Program'' under 23 U.S.C. 410,
$16,176,000 shall be for ``Administrative Expenses'' under section
2001(a)(11) of Public Law 109-59, $29,000,000 shall
[[Page 119 STAT. 2412]]
be for ``High Visibility Enforcement Program'' under section 2009 of
Public Law 109-59, $6,000,000 shall be for ``Motorcyclist Safety'' under
section 2010 of Public Law 109-59, and $6,000,000 shall be for ``Child
Safety and Child Booster Seat Safety Incentive Grants'' under section
2011 of Public Law 109-59: Provided further, That none of these funds
shall be used for construction, rehabilitation, or remodeling costs, or
for office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed $500,000
of the funds made available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical assistance to
the States: Provided further, That not to exceed $750,000 of the funds
made available for the ``High Visibility Enforcement Program'' shall be
available for the evaluation required under section 2009(f) of Public
Law 109-59.
administrative provision--national highway traffic safety administration
Sec. 125. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23, United
States Code, an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $145,949,000, of which $13,856,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$55,075,000, to remain available until expended, of which $6,500,000
shall be available for positive train control projects and $7,190,000
shall be available for grants for rail corridor planning, development
and improvement and Federal share payable under such grants shall be 50
percent.
railroad rehabilitation and improvement program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2006.
[[Page 119 STAT. 2413]]
alaska railroad rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $10,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain available
until expended.
operating subsidy grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $495,000,000, to remain available until
expended: Provided, That the Secretary of Transportation shall approve
funding to cover operating losses for the National Railroad Passenger
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That the
Secretary of Transportation shall reserve $60,000,000 of the funds
provided under this heading and is authorized to transfer such sums to
the Surface Transportation Board, upon request from said Board, to carry
out directed service orders issued pursuant to section 11123 of title
49, United States Code, to respond to the cessation of commuter rail
operations by the National Railroad Passenger Corporation: Provided
further, That the Secretary of Transportation shall make the reserved
funds available to the National Railroad Passenger Corporation through
an appropriate grant instrument not earlier than September 1, 2006 to
the extent that no directed service orders have been issued by the
Surface Transportation Board as of the date of transfer or there is a
balance of reserved funds not needed by the Board to pay for any
directed service order issued through September 30, 2006: Provided
further, That the Corporation is directed to achieve savings through
operating efficiencies including, but not limited to, modifications to
food and beverage service and first class
service: <<NOTE: Reports. Deadlines.>> Provided further, That the
Inspector General of the Department of Transportation shall report to
the House and Senate Committees on Appropriations beginning on January
3, 2006 and quarterly thereafter with estimates of the savings accrued
as a result of all operational reforms instituted by the National
Railroad Passenger Corporation: Provided further, That if the Inspector
General cannot certify that the Corporation has achieved operational
savings by July 1, 2006, none of the funds in this Act may be used after
July 1, 2006, to subsidize the net losses of food and beverage service
and sleeper car service on any Amtrak route: Provided further, That of
the funds provided under this section, not less than $5,000,000 shall be
expended for the development and implementation of a managerial cost
accounting system, which includes average and marginal unit cost
capability: <<NOTE: Deadline.>> Provided further, That within 30 days of
development of the managerial cost accounting system, the Department of
Transportation Inspector General shall review and comment to the
Secretary of Transportation and the House and Senate Committees on
Appropriations upon the strengths and weaknesses of the system and how
it best can be implemented to improve decision making by the Board of
Directors and management of the
Corporation: <<NOTE: Deadline.>> Provided further,
[[Page 119 STAT. 2414]]
That not later than 60 days after enactment of this Act, Amtrak shall
transmit, in electronic format, to the Secretary of Transportation, the
House and Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2006 under section 24104(a) of
title 49, United States Code: Provided further, That the business plan
shall include, as applicable, targets for ridership, revenues, and
capital and operating expenses: Provided further, That the plan shall
also include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and
commercial activities including contract operations: Provided further,
That the business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business
plan: <<NOTE: Reports. Contracts.>> Provided further, That the
Corporation shall continue to provide monthly reports in electronic
format regarding the pending business plan, which shall describe the
work completed to date, any changes to the business plan, and the
reasons for such changes, and shall identify all sole source contract
awards which shall be accompanied by a justification as to why said
contract was awarded on a sole source basis: Provided further, That none
of the funds in this Act may be used for operating expenses, including
advance purchase orders, not approved by the Secretary of Transportation
or on the National Railroad Passenger Corporation's fiscal year 2006
business plan: <<NOTE: Internet. Public information.>> Provided further,
That Amtrak shall display the business plan and all subsequent
supplemental plans on the Corporation's website within a reasonable
timeframe following their submission to the appropriate entities:
Provided further, That none of the funds under this heading may be
obligated or expended until the National Railroad Passenger Corporation
agrees to continue abiding by the provisions of paragraphs 1, 2, 3, 5,
9, and 11 of the summary of conditions for the direct loan agreement of
June 28, 2002, in the same manner as in effect on the date of enactment
of this Act: Provided further, That none of the funds provided in this
Act may be used after March 1, 2006, to support any route on which
Amtrak offers a discounted fare of more than 50 percent off the normal,
peak fare.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the National Railroad
Passenger Corporation, including railroad equipment, rolling stock,
legal mandates and other services, $780,000,000, to remain available
until expended, of which not to exceed $280,000,000 shall be for debt
service obligations: Provided, That the Secretary of Transportation
shall approve funding for capital expenditures, including advance
purchase orders, for the National Railroad Passenger Corporation only
after receiving and reviewing a grant request for each specific capital
grant justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the National Railroad Passenger
[[Page 119 STAT. 2415]]
Corporation: Provided further, That none of the funds under this heading
may be used for capital projects not approved by the Secretary of
Transportation or on the National Railroad Passenger Corporation's
fiscal year 2006 business plan: Provided further, That the Secretary
shall determine the cost to the Corporation for the annual Northeast
Corridor capital and maintenance costs attributable to commuter rail
operations over said Corridor: Provided further, That these costs shall
be calculated by the Secretary based on the train mile usage of each
commuter rail authority as a percentage of the total number of annual
train miles used by all users of the Northeast Corridor or by whatever
measure the Secretary believes to be most appropriate: Provided
further, <<NOTE: Fees.>> That, notwithstanding any other provision of
law, the Secretary shall assess fees to each commuter rail authority for
any direct capital or maintenance costs associated with that rail
authority's usage of the corridor: Provided further, That such
assessments shall account fully for whatever direct annual contributions
are already being made by each commuter authority for such Northeast
Corridor capital and maintenance expenses in that fiscal year: Provided
further, That the revenues from such fees shall be merged with this
appropriation and be available for obligation and expenditure consistent
with the terms and conditions of this
paragraph: <<NOTE: Records.>> Provided further, That the Secretary shall
transmit to Congress a monthly accounting of charges levied in
accordance with the preceding proviso.
efficiency incentive grants to the national railroad passenger
corporation
For an additional amount to be made available to the Secretary for
efficiency incentive grants to the National Railroad Passenger
Corporation, $40,000,000, to remain available until expended: Provided,
That the Secretary may make grants to the National Railroad Passenger
Corporation for an additional sum for operating subsidies at any time
during the fiscal year for the purpose of maintaining the operation of
existing Amtrak routes: Provided further, That nothing in the previous
proviso should be interpreted either to encourage or discourage the
Corporation with respect to adjusting existing routes or frequencies:
Provided further, That the Secretary may make grants for operating
subsidies at any time during the fiscal year in order to avert the
Corporation's entry into bankruptcy
proceedings: <<NOTE: Certification.>> Provided further, That prior to
awarding additional operating grants for the purpose of the preceding
proviso, the Secretary and the Inspector General of the Department of
Transportation shall certify to the Committees on Appropriations of the
House of Representatives and the Senate that such grants are necessary
to prevent the Corporation from entering bankruptcy: Provided further,
That if the Secretary and the Inspector General deem that sufficient
operating funds are available to continue operations through the end of
fiscal year 2006, then, as of September 1, 2006, the Secretary may make
grants to the National Railroad Passenger Corporation at such times and
in such amounts for capital improvements that have a direct and
measurable short-term impact on reducing operating losses of the
National Railroad Passenger Corporation.
[[Page 119 STAT. 2416]]
administrative provisions--federal railroad administration
Sec. 130. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: <<NOTE: Guidelines.>> Provided, That the Secretary
shall prescribe guidelines for the administration of such purchases and
use.
Sec. 131. <<NOTE: Grants. Maine.>> Notwithstanding any other
provision of law, from funds made available to the Federal Railroad
Administration under the heading ``Next Generation High-Speed Rail'' in
the Consolidated Appropriations Act of 2005 (Public Law 108-447), the
Secretary of Transportation shall award a grant in the amount of
$500,000 to the Maine Department of Transportation for Safety and
Mitigation Rail Relocation in Auburn, Maine.
Sec. 132. <<NOTE: Illinois.>> Notwithstanding any other provision of
law, funds made available to the Federal Railroad Administration for the
Illinois statewide highway-rail crossing safety program on page 1420 of
the Joint Explanatory Statement of the Committee of Conference for
Public Law 108-447 (House Report 108-792) shall be made available to the
Illinois Commerce Commission for the Public Education and Enforcement
Research (PEERS) program to improve rail-grade crossing safety through
education and enforcement initiatives.
Sec. 133. Notwithstanding any existing Federal legislation, from
funds available to the Federal Railroad Administration under the heading
of ``Next Generation High-Speed Rail'' in the Consolidated
Appropriations Act of 2004, Public Law 108-199; the Secretary of
Transportation may award a grant of $1,000,000 to the New Orleans
Regional Planning Commission, New Orleans, Louisiana for site planning
and an update of the Master Plan for the Union Passenger Terminal,
located at New Orleans, Louisiana.
Sec. 134. <<NOTE: Washington.>> Notwithstanding any other provision
of law, funds made available to the Federal Railroad Administration for
the Spokane Region High Speed Rail Corridor Study on page 1420 of the
Joint Explanatory Statement of the Committee of Conference for Public
Law 108-447 (House Report 108-792) shall be made available to the
Washington State Department of Transportation for grade crossing and
related improvements under the Bridging the Valley project between
Spokane County, Washington and Kootenai County, Idaho.
Sec. 135. Of the $40,000,000 provided under the heading ``Efficiency
Incentive Grants to the National Railroad Passenger Corporation'', and
notwithstanding limitation language contained therein, $8,300,000 shall
be made available immediately upon enactment of this Act only for a
revenue service demonstration of not less than 5,500 carload shipments
of premium temperature-controlled express.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $80,000,000: Provided, That of the funds available under
this heading, not to exceed $925,000 shall be available for the Office
of the Administrator; not to exceed $7,325,000 shall be available for
the Office of Administration; not to exceed
[[Page 119 STAT. 2417]]
$4,058,200 shall be available for the Office of the Chief Counsel; not
to exceed $1,359,300 shall be available for the Office of Communication
and Congressional Affairs; not to exceed $7,985,900 shall be available
for the Office of Program Management; not to exceed $8,732,500 shall be
available for the Office of Budget and Policy; not to exceed $4,763,900
shall be available for the Office of Demonstration and Innovation; not
to exceed $3,153,100 shall be available for the Office of Civil Rights;
not to exceed $4,127,300 shall be available for the Office of Planning;
not to exceed $20,754,000 shall be available for regional offices; and
not to exceed $16,815,800 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be increased
or decreased by more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in funding greater
than 5 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That any funding
transferred from the central account shall be submitted for approval to
the House and Senate Committees on Appropriations: Provided further,
That none of the funds provided or limited in this Act may be used to
create a permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for the
execution of contracts under section 5327(c) of title 49, United States
Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: <<NOTE: Reports.>> Provided further, That
upon submission to the Congress of the fiscal year 2007 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations of funds for
fiscal year 2007.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(including transfer of funds)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339,
and 5340 and section 3038 of Public Law 105-178, as amended,
$1,500,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, shall not exceed total obligations of $6,979,931,000 in fiscal
year 2006: Provided further, That of the funds made available to carry
out capital projects to modernize fixed guideway systems authorized
under 49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the
Capital Investment Grants account and made available to carry out new
fixed guideway capital projects identified in this Act and in accordance
with the applicable provisions of 49 U.S.C. 5309: Provided further, That
except as provided in section 3044(b)(1) of Public
[[Page 119 STAT. 2418]]
Law 109-59, funds made available to carry out 49 U.S.C. 5308 shall
instead be available to carry out 49 U.S.C. 5309(b)(3).
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
and 5506, $75,200,000, to remain available until expended: Provided,
That $9,000,000 is available to carry out the transit cooperative
research program under section 5313 of title 49, United States Code,
$4,300,000 is available for the National Transit Institute under section
5315 of title 49, United States Code, $7,000,000 is available for
university transportation centers program under section 5506 of title
49, United States Code: Provided further, That $54,200,000 is available
to carry out national research programs under sections 5312, 5313, 5314,
and 5322 of title 49, United States Code.
capital investment grants
For necessary expenses to carry out section 5309 of title 49, United
States Code, $1,455,234,000, to remain available until expended as
follows:
ACE Gap Closure San Joaquin County, California, $5,000,000.
Alaska and Hawaii ferry projects, $15,000,000.
Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.
Atlanta Beltline/C-Loop, Georgia, $1,000,000.
Baltimore Central Light Rail Double Track Project, Maryland,
$12,420,000.
Baltimore Red Line and Green Line, Maryland, $2,000,000.
Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.
Central Corridor/St. Paul--Minneapolis, Minnesota,
$2,000,000.
Central Florida Commuter Rail, $11,000,000.
Central Phoenix/East Valley LRT, Arizona, $90,000,000.
Charlotte South Corridor Light Rail Project, North Carolina,
$55,000,000.
City of Miami Streetcar, Florida, $2,000,000.
City of Rock Hill Trolley Study, South Carolina, $400,000.
Commuter Rail, Albuquerque to Santa Fe, New Mexico,
$500,000.
Commuter Rail, Utah, $9,000,000.
CORRIDORone Regional Rail Project, Pennsylvania, $1,500,000.
CTA Douglas Blue Line, Illinois, $45,150,000.
CTA Ravenswood Brown Line, Illinois, $40,000,000.
CTA Yellow Line, Illinois, $1,000,000.
Dallas Northwest/Southeast Light Rail MOS, Texas,
$12,000,000.
Denali Commission, Alaska, $5,000,000.
Detroit Center City Loop, Michigan, $4,000,000.
Dulles Corridor Rapid Transit Project, Virginia,
$26,000,000.
East Corridor Commuter Rail, Nashville, Tennessee,
$6,000,000.
East Side Access Project, New York, $340,000,000.
Euclid Corridor Transportation Project, Ohio, $24,774,513.
Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.
[[Page 119 STAT. 2419]]
Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000.
Hartford-New Britain Busway, Connecticut, $6,000,000.
Houston METRO, Texas, $12,000,000.
Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000.
Kansas City, Missouri, Southtown BRT, $12,300,000.
Metra, Illinois, $42,180,000.
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000.
Miami Dade County Metrorail Extension, Florida, $10,000,000.
Mid-Coast Light Rail Transit Extension, California,
$7,160,000.
Mid-Jordan Light Rail Transit Line, Utah, $500,000.
Mission Valley East, California, $7,700,000.
N. Indiana Commuter Transit District Recapitalization,
$5,000,000.
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$12,315,000.;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000.
North Shore Connector, Pennsylvania, $55,000,000.
North Shore Corridor and Blue Line Extension, Massachusetts,
$2,000,000.
Northeast Corridor Commuter Rail Project, Delaware,
$1,425,000.
Northern Branch Bergen County, New Jersey, $2,500,000.
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000.
Northwest New Jersey--Northeast Pennsylvania Passenger Rail,
$10,000,000.
Oceanside Escondido Rail Project, California, $12,210,000.
Odgen Avenue Transit Corridor/Circle Line, Illinois,
$1,000,000.
Regional Fixed Guideway Project, Nevada, $3,000,000.
Rhode Island Integrated Commuter Rail Project, Rhode Island,
$6,000,000.
San Francisco BART Extension to San Francisco International
Airport, California, $81,860,000.
San Francisco Muni Third Street Light Rail Project,
California, $25,000,000.
San Juan Tren Urbano, Puerto Rico, $8,045,487.
Santa Barbara Coast Rail Track Improvement Project,
California, $1,000,000.
Schuylkill Valley Metro, Pennsylvania, $4,000,000.
Seattle Sound Transit, Washington, $80,000,000.
Second Avenue Subway, New York, $25,000,000.
Silicon Valley Rapid Transit Corridor Project, Santa Clara
County, California, $6,500,000.
Silver Line Phase III, Massachusetts, $4,000,000.
Sounder Commuter Rail, Washington, $5,000,000.
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000.
Stamford Urban Transitway, Connecticut, $10,000,000.
Triangle Transit Authority Regional Rail System (Raleigh-
Durham), North Carolina, $20,000,000.
[[Page 119 STAT. 2420]]
Washington County Commuter Rail Project, Oregon,
$15,000,000.
West Corridor Light Rail, Colorado, $5,000,000.
administrative provisions--federal transit administration
Sec. 140. <<NOTE: 49 USC 5338 note.>> The limitations on obligations
for the programs of the Federal Transit Administration shall not apply
to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.
Sec. 141. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made available by this Act
under ``Federal Transit Administration, Capital investment grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2008, and other recoveries,
shall be made available for other projects under 49 U.S.C. 5309.
Sec. 142. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2005, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 143. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under the
heading ``Federal Transit Administration, Capital Investment Grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 144. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made available
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii
to initiate and operate a passenger ferryboat services demonstration
project to test the viability of different intra-island and inter-island
ferry boat routes and technology: Provided further, That notwithstanding
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry
boats may be used to acquire passenger ferry boats and to provide
passenger ferry transportation services within areas of the State of
Hawaii under the control or use of the National Park Service.
Sec. 145. Amounts made available from the bus category of the
Capital Investment Grants Account or Discretionary Grants Account in
this or any other previous Appropriations Act that remain unobligated or
unexpended in a grant for a multimodal transportation facility in
Burlington, Vermont, may be used for site-preparation and design
purposes of a multimodal transportation facility in a different location
within Burlington, Vermont, than originally intended notwithstanding
previous expenditures incurred such purposes at the original location.
Sec. 146. <<NOTE: Washington.>> Notwithstanding any other provision
of law, funds designated in the conference report accompanying Public
Law 108-447 and Public Law 108-199 for the King County Metro Park and
Ride on First Hill, Seattle, Washington, shall be available
[[Page 119 STAT. 2421]]
to the Swedish Hospital parking garage, Seattle, Washington, subject to
the same conditions and requirements of section 125 of division H of
Public Law 108-447.
Sec. 147. Funds in this Act that are apportioned to the Charleston
Area Regional Transportation Authority to carry out section 5307 of
title 49, United States Code, may be used to acquire land, equipment, or
facilities used in public transportation from another governmental
authority in the same geographic area: Provided, That the non-Federal
share under section 5307 may include revenues from the sale of
advertising and concessions.
Sec. 148. Notwithstanding any other provision of law, any
unobligated funds designated to the Jacksonville Transportation
Authority, Community Transportation Coordinator Program under the
heading ``Job Access and Reverse Commute Grants'' in the statement of
the managers accompanying Public Law 108-199 may be made available to
the Jacksonville Transportation Authority for any purpose authorized
under the Job Access and Reverse Commute program.
Sec. 149. Notwithstanding any other provision of law, any funds made
available to the South Shore Commuter Rail, Indiana, project under the
Federal Transit Administration Capital Investment Grants Account in
division H of Public Law 108-447 that remain available may be used for
remodernization of the South Shore Commuter Rail system.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $16,284,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$156,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $122,249,000 of which $23,750,000 shall remain
available until September 30, 2006, for salaries and benefits of
[[Page 119 STAT. 2422]]
employees of the United States Merchant Marine Academy; of which
$15,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$8,211,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$21,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,126,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
ship construction
(rescission)
Of the unobligated balances available under this heading, $2,071,280
are rescinded.
administrative provisions--maritime administration
Sec. 150. <<NOTE: Contracts.>> Notwithstanding any other provision
of this Act, the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property under
control of the Maritime Administration, and payments received therefore
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
Sec. 151. No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess of the
appropriations and limitations contained in this Act or in any prior
appropriations Act.
Pipeline and Hazardous Materials Safety Administration
administrative expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $16,877,000, of which $645,000 shall be
derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$26,138,000, of which $1,847,000 shall remain available until September
30, 2008: Provided, That up to $1,200,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided
[[Page 119 STAT. 2423]]
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $73,010,000,
of which $15,000,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2008; of which
$58,010,000 shall be derived from the Pipeline Safety Fund, of which
$24,000,000 shall remain available until September 30, 2008: Provided,
That not less than $1,000,000 of the funds provided under this heading
shall be for the one-call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2007: Provided, That not more than $14,300,000 shall
be made available for obligation in fiscal year 2006 from amounts made
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none
of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d)
shall be made available for obligation by individuals other than the
Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $5,774,000, of which $1,121,000 shall remain available
until September 30, 2008: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$62,499,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements
[[Page 119 STAT. 2424]]
to the government (18 U.S.C. 1001), by any person or entity that is
subject to regulation by the Department: Provided further, <<NOTE: Air
carriers. Ticket agents.>> That the funds made available under this
heading shall be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,450,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2006, to
result in a final appropriation from the general fund estimated at no
more than $25,200,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)
Sec. 160. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 161. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 162. None of the funds in this Act shall be available for
salaries and expenses of more than 108 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 163. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 164. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 165. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad
[[Page 119 STAT. 2425]]
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training may
be credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit Administration's
``Transit Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 166. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 167. <<NOTE: Notification. Deadline.>> None of the funds in
this Act to the Department of Transportation may be used to make a grant
unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days before
any discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs:
Provided, That no notification shall involve funds that are not
available for obligation.
Sec. 168. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 169. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, <<NOTE: Notification.>> That prior
to the transfer of any such recovery to an
appropriations account, the Secretary shall notify the
House and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided further,
[[Page 119 STAT. 2426]]
That for purposes of this section, the term ``improper
payments'', has the same meaning as that provided in
section 2(d)(2) of Public Law 107-300.
Sec. 170. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 171. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 172. None of the funds made available under this Act may be
obligated or expended to establish or implement a pilot program under
which not more than 10 designated essential air service communities
located in proximity to hub airports are required to assume 10 percent
of their essential air subsidy costs for a 4-year period commonly
referred to as the EAS local participation program.
Sec. 173. (a) Section 14710(a) of title 49, United States Code, is
amended--
(1) by striking ``a State authority may'' and inserting ``a
State authority other than the attorney general of the state
may, as parens patriae,''; and
(2) by inserting the following after the first sentence:
``Any civil action for injunctive relief to enjoin such delivery or
transportation or to compel a person to pay a fine or penalty assessed
under chapter 149 shall be brought in an appropriate district court of
the United States.''.
(b) Section 14710(b) of title 49, United States Code, is amended to
read as follows:
``(b) Exercise of Enforcement Authority.--The authority of this
section shall be exercised subject to the requirements of sections
14711(b)-(f) of this title.''.
(c) Section 14711(b)(1) of title 49, United States Code, is amended
by inserting the following at the end:
``The State may initiate a civil action under subsection (a) if it is
reviewable under subsection (b)(2).''.
(d) Section 14711(b)(4) of title 49, United States Code, is amended
by inserting ``that is subject to review under subsection (b)(2)''
before ``if the Secretary''.
(e) <<NOTE: Termination date. 49 USC 14710 note.>> The amendments
made by this section shall cease to be in effect after September 30,
2006.
Sec. 174. Section 112(b)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``title 40'' and all
that follows through the period and inserting ``title 40.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively;
(4) in subparagraph (E) (as redesignated by paragraph (3)),
in the first sentence, by striking ``subparagraph (E)'' and
inserting ``subparagraph (D)''; and
[[Page 119 STAT. 2427]]
(5) in subparagraph (F) (as redesignated by paragraph (3)),
by striking ``State Option'' and all that follows through the
period and inserting ``(F) Subparagraphs (B), (C), (D) and (E)
herein shall not apply to the States of West Virginia or
Minnesota.''.
Sec. 175. Notwithstanding any provision of law, the Secretary of
Transportation is authorized and directed to make project grants under
chapter 471 of title 49, United States Code, from funds available for
fiscal year 2006 and thereafter under 49 U.S.C. 48103, for the cost of
acquisition of land, or reimbursement of the cost of land if purchased
prior to enactment of this provision and prior to a grant agreement, for
non-exclusive use aeronautical purposes on an airport layout plan that
has been approved by the Secretary on January 23, 2004, pursuant to
section 49 U.S.C. 47107(a)(16), for any small hub airport as defined in
49 U.S.C. 47102, and had scheduled or chartered direct international
flights totaling at least 200 million pounds gross aircraft landed
weight for calendar year 2002.
Sec. 176. (a) Section 47108 of title 49, United States Code, is
amended in subsection (e) by adding the following new paragraph at the
end:
``(3) Changes to nonhub primary status.--If the status of a
nonhub primary airport changes to a small hub primary airport at
a time when the airport has received discretionary funds under
this chapter for a terminal development project in accordance
with section 47110(d)(2), and the project is not yet completed,
the project shall remain eligible for funding from the
discretionary fund and the small airport fund to pay costs
allowable under section 47110(d). Such project shall remain
eligible for such funds for three fiscal years after the start
of construction of the project, or if the Secretary determines
that a further extension of eligibility is justified, until the
project is completed.''.
(b) Conforming Amendment.--Section 47110(d)(2)(A) <<NOTE: 49 USC
47110.>> is amended by striking ``(A) the'' and inserting ``(A) except
as provided in section 47108(e)(3), the''.
Sec. 177. Section 40128(e) of title 49, United States Code, is
amended by adding at the end the following: ``For purposes of this
subsection, an air tour operator flying over the Hoover Dam in the Lake
Mead National Recreation Area en route to the Grand Canyon National Park
shall be deemed to be flying solely as a transportation
route.''. <<NOTE: 49 USC 40128 note.>> Nothing in this provision shall
allow exemption from overflight rules for the Grand Canyon.
Sec. 178. Section 145(c) of the Aviation and Transportation Security
Act (49 U.S.C. 40101 note) is amended by striking ``November 19, 2005.''
and inserting ``November 30, 2006.''.
Sec. 179. <<NOTE: Applicability.>> (a)(1) This section shall apply
to a former employee of the Federal Aviation Administration, who--
(A) was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the
outsourcing of flight service duties to a contractor;
(B) was not eligible by October 3, 2005 for an immediate
annuity under a Federal retirement system; and
(C) assuming continued Federal employment, would attain
eligibility for an immediate annuity under section 8336(d) or
8414(b) of title 5, United States Code, not later than October
4, 2007.
[[Page 119 STAT. 2428]]
(2) <<NOTE: Effective date. Termination date.>> Notwithstanding any
other provision of law, during the period beginning on the date of
enactment of this Act and ending October 4, 2007, an employee described
under paragraph (1) may, with the approval of the Administrator of the
Federal Aviation Administration or the designee of the Administrator,
accept an assignment to such contractor within 14 days after the date of
enactment of this section.
(3) Except as provided in subsection (c), an employee appointed
under paragraph (1)--
(A) shall be a temporary Federal employee for the duration
of the assignment;
(B) notwithstanding such temporary status, shall retain
previous enrollment or participation in Federal employee
benefits programs under chapters 83, 84, 87, and 89 of title 5,
United States Code; and
(C) shall be considered to have not had a break in service
for purposes of chapters 83, 84, and sections 8706(b) and
8905(b) of title 5, United States Code, except no service credit
or benefits shall be extended retroactively.
(4) <<NOTE: Termination date.>> An assignment and temporary
appointment under this section shall terminate on the earlier of--
(A) October 4, 2007; or
(B) the date on which the employee first becomes eligible
for an immediate annuity under section 8336(d) or 8414(b) of
title 5, United States Code.
(5) Such funds as may be necessary are authorized for the Federal
Aviation Administration to pay the salary and benefits of an employee
assigned under this section, but no funds are authorized to reimburse
the employing contractor for the salary and benefits of an employee so
assigned.
(b) An employee who was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the outsourcing of
flight service duties to a contractor, and was eligible to use annual
leave under the conditions of section 6302(g) of title 5, United States
Code, may use such leave to--
(1) qualify for an immediate annuity or to meet the age or
service requirements for an enhanced annuity that the employee
could qualify for under sections 8336, 8412, or 8414; or
(2) to meet the requirements under section 8905(b) of title
5, United States Code, to qualify to continue health benefits
coverage after retirement from service.
(c)(1) Nothing in this section shall--
(A) affect the validity or legality of the reduction-in-
force actions of the Federal Aviation Administration effective
October 3, 2005; or
(B) create any individual rights of actions regarding such
reduction-in-force or any other actions related to or arising
under the competitive sourcing of flight services.
(2) An employee subject to this section shall not be--
(A) covered by chapter 71 of title 5, United States Code,
while on the assignment authorized by this section; or
(B) subject to section 208 of title 18, United States Code.
(3) Temporary employees assigned under this section shall not be
Federal employees for purposes of chapter 171 of title 28, United States
Code (commonly referred to as the Federal Tort Claims Act). Chapter 171
of title 28, United States Code (commonly referred
[[Page 119 STAT. 2429]]
to as the Federal Tort Claims Act) and any other Federal tort liability
statute shall not apply to an employee who is assigned to a contractor
under subsection (a).
Sec. 180. (a) In this section:
(1) The term ``Conservation Area'' means the Sloan Canyon
National Conservation Area established by section 604(a) of the
Clark County Conservation of Public Land and Natural Resources
Act of 2002 (116 Stat. 2010).
(2) The term ``County'' means Clark County, Nevada.
(3)(A) The term ``helicopter tour'' means a commercial
helicopter tour operated for profit.
(B) The term ``helicopter tour'' does not include a
helicopter tour that is carried out to assist a Federal, State,
or local agency.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Wilderness'' means the North McCullough
Mountains Wilderness established by section 202(a)(13) of the
Clark County Conservation of Public Land and Natural Resources
Act of 2002 (116 Stat. 2000).
(b) As soon as practicable after the date of enactment of this Act,
the Secretary shall convey to the County, subject to valid existing
rights, for no consideration, all right, title, and interest of the
United States in and to the parcel of land described in subsection (c).
(c) The parcel of land to be conveyed under subsection (b) is the
parcel of approximately 229 acres of land depicted as tract A on the map
entitled ``Clark County Public Heliport Facility'' and dated May 3,
2004.
(d)(1) The parcel of land conveyed under subsection (b)--
(A) shall be used by the County for the operation of a
heliport facility under the conditions stated in paragraphs (2),
(3), and (4); and
(B) shall not be disposed of by the County.
(2)(A) Any operator of a helicopter tour originating from or
concluding at the parcel of land described in subsection (c) shall pay
to the Clark County Department of Aviation a $3 conservation fee for
each passenger on the helicopter tour if any portion of the helicopter
tour occurs over the Conservation Area.
(B)(i) <<NOTE: Deadlines. Fees.>> Not earlier than 10 years after
the date of enactment of this Act and every 10 years thereafter, the
Secretary shall conduct a review to determine whether to raise the
amount of the conservation fee.
(ii) <<NOTE: Public comment.>> After conducting a review under
clause (i) and providing an opportunity for public comment, the
Secretary may raise the amount of the conservation fee in an amount
determined to be appropriate by the Secretary, but by not more than 50
percent of the amount of the conservation fee in effect on the day
before the date of the increase.
(3)(A) The amounts collected under paragraph (2) shall be deposited
in a special account in the Treasury of the United States.
(B) Of the amounts deposited under subparagraph (A)--
(i) \2/3\ of the amounts shall be available to the
Secretary, without further appropriation, for the management of
cultural, wildlife, and wilderness resources on public land in
the State of Nevada; and
[[Page 119 STAT. 2430]]
(ii) \1/3\ of the amounts shall be available to the Director
of the Bureau of Land Management, without further appropriation,
for the conduct of Bureau of Land Management operations for the
Conservation Area and the Red Rock Canyon National Conservation
Area.
(4)(A) Except for safety reasons, any helicopter tour originating or
concluding at the parcel of land described in subsection (c) that flies
over the Conservation Area shall not fly--
(i) over any area in the Conservation Area except the area
that is between 3 and 5 miles north of the latitude of the
southernmost boundary of the Conservation Area;
(ii) lower than 1,000 feet over the eastern segments of the
boundary of the Conservation Area; or
(iii) lower than 500 feet over the western segments of the
boundary of the Conservation Area.
(B) <<NOTE: Regulations.>> The Administrator of the Federal Aviation
Administration shall establish a special flight rules area and any
operating procedures that the Administrator determines to be necessary
to implement subparagraph (A).
(5) If the County ceases to use any of the land described in
subsection (c) for the purpose described in paragraph (1)(A) and under
the conditions stated in paragraph (2)--
(A) title to the parcel shall revert to the United
States, at the option of the United States; and
(B) the County shall be responsible for any
reclamation necessary to revert the parcel to the United
States.
(e) The Secretary shall require, as a condition of the conveyance
under subsection (b), that the County pay the administrative costs of
the conveyance, including survey costs and any other costs associated
with the transfer of title.
Sec. 181. The first sentence of section 29(c) of the International
Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat.
48) is amended by inserting ``Missouri,'' before ``and Texas''.
Sec. 182. Notwithstanding any other provision of law, none of the
funds provided in or limited by this Act may be obligated or expended to
provide a budget justification for fiscal year 2007 concurrently with
the President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, to any congressional committee
other than the House and Senate Committees on Appropriations prior to
May 31, 2006.
Sec. 183. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming action
that requires notice to be provided to the House and Senate Committees
on Appropriations, said reprogramming action shall be approved or denied
solely by the Committees on Appropriations: Provided, That the Secretary
may provide notice to other congressional committees of the action of
the Committees on Appropriations on such reprogramming but not sooner
than 30 days following the date on which the reprogramming action has
been approved or denied by the House and Senate Committees on
Appropriations.
Sec. 184. Notwithstanding any other provision of law, the projects
numbered 5094 and 5096 in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144) shall be subject to
section 120(c) of title 23, United States Code.
[[Page 119 STAT. 2431]]
Sec. 185. For necessary expenses, including an independent
verification regime, to reimburse fixed-based general aviation operators
and the providers of general aviation ground support services at Ronald
Reagan Washington National Airport; College Park Airport in College
Park, Maryland; Potomac Airpark in Fort Washington, Maryland; Washington
Executive/Hyde Field in Clinton, Maryland; and Washington South Capitol
Street Heliport in Washington, DC; for direct and incremental financial
losses incurred while such airports were closed to general aviation
operations, or as of the date of enactment of this provision in the case
of airports that have not reopened to such operations, by these
operators and service providers solely due to the actions of the Federal
Government following the terrorist attacks on the United States that
occurred on September 11, 2001, not to exceed $17,000,000, to be
available until expended: Provided, That of this amount not to exceed
$5,000,000 shall be available on a pro-rata basis, if necessary, to
fixed-based general aviation operators and the providers of general
aviation ground support services located at College Park Airport in
College Park, Maryland; Potomac Airpark in Fort Washington, Maryland;
and Washington Executive/Hyde Field in Clinton, Maryland: Provided
further, That no funds shall be obligated or distributed to fixed-based
general aviation operators and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Sec. 186. Notwithstanding any other provision of law, any amounts
made available pursuant to Public Law 109-59 for the Gravina Island
bridge and the Knik Arm bridge shall be made available to the Alaska
Department of Transportation and Public Facilities for any purpose
eligible under section 133(b) of title 23, United States Code: Provided,
That in allocating funds for the equity bonus program under section 105
of such title, the Secretary shall make the calculations required under
that section as if this section had not been enacted: Provided further,
That the descriptions for High Priority Projects #406, the Gravina
Island bridge, and #2465, the Knik Arm bridge, in section 1702 of Public
Law 109-59 <<NOTE: Ante, p. 1256.>> are hereby deleted and in their
place is inserted ``the Alaska Department of Transportation and Public
Facilities''.
Sec. 187. (a) In addition to amounts available to carry out section
10204 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59) as of the date of
enactment of this Act, of the amounts made available by section 112 of
this Act, $1,000,000 shall be used by the Secretary of Transportation
and the Secretary of Homeland Security to jointly--
(1) complete the review and assessment of catastrophic
hurricane evacuation plans under that section; and
(2) <<NOTE: Deadline. Reports.>> submit to Congress, not
later than June 1, 2006, the report described in subsection (d)
of that section.
(b) Section 10204 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-
59) <<NOTE: Ante, p. 1934.>> is amended--
[[Page 119 STAT. 2432]]
(1) in subsection (a)--
(A) by inserting after ``evacuation plans'' the
following: ``(including the costs of the plans)''; and
(B) by inserting ``and other catastrophic events''
before ``impacting'';
(2) in subsection (b), by striking ``and local'' and
inserting ``parish, county, and municipal''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``safe and''
before ``practical'';
(B) in paragraph (2), by inserting after ``States''
the following: ``and adjoining jurisdictions'';
(C) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(D) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
``(5) the availability of food, water, restrooms, fueling
stations, and shelter opportunities along the evacuation routes;
``(6) the time required to evacuate under the plan; and
``(7) the physical and mental strains associated with the
evacuation.''.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2006''.
TITLE <<NOTE: Department of the Treasury Appropriations Act, 2006.>> II
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
not to exceed $3,000,000 for official travel expenses; $196,592,000, of
which not to exceed $8,642,000 is for executive direction program
activities; not to exceed $7,852,000 is for general counsel program
activities; not to exceed $32,011,000 is for economic policies and
programs activities; not to exceed $26,574,000 is for financial policies
and programs activities; pursuant to section 3004(b) of the Exchange
Rates and International Economic Policy Coordination Act of 1988 (22
U.S.C. 5304(b)), not to exceed $1,000,000, to remain available until
expended, is for the Secretary of the Treasury, in conjunction with the
President, to implement said subsection as it pertains to governments
and trade violations involving currency manipulation and other trade
violations; not to exceed $39,939,000 is for financial crimes policies
and programs activities; not to exceed $16,843,000 is for Treasury-wide
management policies and programs activities; and not to exceed
$63,731,000 is for administration programs activities: Provided, That of
the amount appropriated for financial crimes policies and programs
activities, $22,032,016 is for the Office of
[[Page 119 STAT. 2433]]
Foreign Assets Control and shall support no less than 125 full time
equivalent positions: <<NOTE: Notification.>> Provided further, That the
Secretary of the Treasury is authorized to transfer funds appropriated
for any program activity of the Departmental Offices to any other
program activity of the Departmental Offices upon notification to the
House and Senate Committees on Appropriations: Provided further, That no
appropriation for any program activity shall be increased or decreased
by more than two percent by all such transfers: Provided further, That
any change in funding greater than two percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That of the amount appropriated under this heading, not to
exceed $3,000,000, to remain available until September 30, 2007, for
information technology modernization requirements; not to exceed
$100,000 for official reception and representation expenses; and not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate: Provided
further, That of the amount appropriated under this heading, $5,173,000,
to remain available until September 30, 2007, is for the Treasury-wide
Financial Statement Audit Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$24,412,000, to remain available until September 30, 2008: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated shall
be used to support or supplement ``Internal Revenue Service, Information
Systems'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury,
$17,000,000, of which not to exceed $2,500 shall be available for
official reception and representation expenses.
[[Page 119 STAT. 2434]]
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $133,286,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
air transportation stabilization program account
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air Transportation
Safety and System Stabilization Act (Public Law 107-42), $2,750,000, to
remain available until expended.
treasury building and annex repair and restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $10,000,000, to remain available until September 30, 2008.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $73,630,000 of which not to
exceed $6,944,000 shall remain available until September 30, 2008; and
of which $8,521,000 shall remain available until September 30, 2007:
Provided, That funds appropriated in this account may be used to procure
personal services contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2008, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
[[Page 119 STAT. 2435]]
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$91,126,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2006 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $26,768,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $179,923,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended for
systems modernization: Provided, That the sum appropriated herein from
the general fund for fiscal year 2006 shall be reduced by not more than
$3,000,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2006 appropriation from the general fund estimated at
$176,923,000. In addition, $70,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund
community development financial institutions fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $55,000,000, to
remain available until September 30, 2007, of which $4,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender
[[Page 119 STAT. 2436]]
organizations with experience and expertise in community development
banking and lending in Indian country, Native American organizations,
tribes and tribal organizations and other suitable providers, and up to
$13,500,000 may be used for administrative expenses, including
administration of the New Markets Tax Credit, up to $6,000,000 may be
used for the cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program: Provided,
That the cost of direct loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $11,000,000.
Internal Revenue Service
processing, assistance, and management
(including rescission of funds)
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,136,578,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, of which $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be for
official reception and representation expenses: Provided, That of
unobligated amounts available under this heading from previous
appropriations Acts, $20,000,000 shall be rescinded.
tax law enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer service and
public outreach programs, strengthened enforcement activities, and
enhanced research efforts to reduce erroneous filings associated with
the earned income tax credit; compiling statistics of income and
conducting compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,725,756,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2008, for
research; and of which $55,584,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the IRS Processing,
Assistance, and Management appropriation
[[Page 119 STAT. 2437]]
or the IRS Information Systems appropriation solely for the purposes of
management of the Interagency Crime and Drug Enforcement Program:
Provided further, That up to $10,000,000 may be transferred as necessary
from this account to the IRS Processing, Assistance, and Management
appropriation or the IRS Information Systems appropriation solely for
the purposes of management of the Earned Income Tax Credit compliance
program and to reimburse the Social Security Administration for the cost
of implementing section 1090 of the Taxpayer Relief Act of 1997 (Public
Law 105-33): Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act.
information systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,598,967,000, of which $75,000,000 shall remain
available until September 30, 2007.
business systems modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by 5 U.S.C.
3109: Provided, That none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise architecture,
including the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is approved by
the Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
health insurance tax credit administration
(including rescission of funds)
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $20,210,000:
Provided, That of unobligated amounts available under this heading from
previous appropriations acts, $9,000,000 shall be rescinded.
[[Page 119 STAT. 2438]]
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Tax Law Enforcement'' may
be transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service
shall maintain a training program to ensure that Internal Revenue
Service employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 203. <<NOTE: Procedures. 26 USC 6103 note.>> The Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 205. None of the funds appropriated or otherwise made available
in this or any other Act or source to the Internal Revenue Service may
be used to reduce taxpayer services as proposed in fiscal year 2006
until the Treasury Inspector General for Tax Administration completes a
study detailing the impact of such proposed reductions on taxpayer
compliance and taxpayer services, and the Internal Revenue Service's
plans for providing adequate alternative services, and submits such
study and plans to the Committees on Appropriations of the House of
Representatives and the Senate for approval: Provided, That no funds
shall be obligated by the Internal Revenue Service for such purposes for
60 days after receipt of such study: Provided further, That the Internal
Revenue Service shall consult with stakeholder organizations, including
but not limited to, the National Taxpayer Advocate, the Internal Revenue
Service Oversight Board, the Treasury Inspector General for Tax
Administration, and Internal Revenue Service employees with respect to
any proposed or planned efforts by the Internal Revenue Service to
terminate or reduce significantly any taxpayer service activity.
Sec. 206. Of the funds made available by this Act to the Internal
Revenue Service, not less than $6,447,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $446,000,000 shall be available for enhanced tax
enforcement.
Sec. 207. Of the funds made available by this Act to the Internal
Revenue Service, not less than $166,249,000 shall be available for
operating expenses of the Taxpayer Advocate Service, of which not less
than $141,311,650 shall be made available from the ``Tax Law
Enforcement'' account.
Sec. 208. The Internal Revenue Service shall submit its fiscal year
2007 congressional budget justifications to the Committees on
Appropriations of the House of Representatives and the Senate
[[Page 119 STAT. 2439]]
using the identical structure provided under this Act and only in
accordance with the direction specified in the report accompanying this
Act.
Sec. 209. Section 3 under the heading ``Administrative Provisions--
Internal Revenue Service'' of title I of Public Law 103-329 <<NOTE: 26
USC 7801 note.>> is amended by striking the last proviso.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 213. <<NOTE: Certification.>> Of the funds available for the
purchase of law enforcement vehicles, no funds may be obligated until
the Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental vehicle
management principles: Provided, That the Secretary may delegate this
authority to the Assistant Secretary for Management.
Sec. 214. <<NOTE: Currency.>> None of the funds appropriated in this
Act or otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds from
Financial Management Services, Salaries and Expenses to Debt Collection
Fund as necessary to cover the costs of debt collection: Provided, That
such amounts shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``7 years'' and inserting ``8
years''.
Sec. 217. None of the funds appropriated or otherwise made available
by this or any other Act may be used by the United
[[Page 119 STAT. 2440]]
States Mint to construct or operate any museum without the explicit
approval of the House Committee on Financial Services and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 218. None of the funds appropriated or otherwise made available
by this or any other Act or source to the Department of the Treasury,
the Bureau of Engraving and Printing, and the United States Mint,
individually or collectively, may be used to consolidate any or all
functions of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on Financial
Services; the Senate Committee on Banking, Housing, and Urban Affairs;
the House Committee on Appropriations; and the Senate Committee on
Appropriations.
Sec. 219. None of the funds appropriated or otherwise made available
by this or any other Act or source to the Secretary of the Treasury may
be expended to develop, study, or implement any plan to reallocate the
resources of, or merge the Financial Crimes Enforcement Network into the
Departmental Offices--Salaries and Expenses, or any other office within
the Department of the Treasury.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2006''.
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2006.>> III
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,573,655,725, to remain available until
expended, of which $11,373,656,000 shall be available on October 1,
2005, and $4,200,000,000 shall be available on October 1, 2006:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,089,755,725 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2006 funding cycle shall provide renewal funding for each
public housing agency based on each public housing agency's 2005
annual budget for renewal funding as calculated by HUD, prior to
prorations, and by applying the 2006 Annual Adjustment Factor as
established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time renewal
of tenant protection or HOPE VI vouchers or vouchers that were
not in use during the 12-month period in order to be available
to meet a commitment pursuant to section 8(o)(13) of the Act:
Provided further, That the Secretary
[[Page 119 STAT. 2441]]
shall, to the extent necessary to stay within the amount
provided under this paragraph, pro rate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
following proviso, the entire amount provided under this
paragraph shall be obligated to the public housing agencies
based on the allocation and pro rata method described above:
Provided further, That public housing agencies participating in
the Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the same
pro rata adjustments under the previous proviso: Provided
further, That up to $45,000,000 shall be available only: (1) to
adjust the allocations for public housing agencies, after
application for an adjustment by a public housing agency and
verification by HUD, whose allocations under this heading for
contract renewals for the calendar year 2005 funding cycle were
based on verified VMS leasing and cost data averaged for the
months of May, June, and July of 2004 and solely because of
temporarily low leasing levels during such 3-month period did
not accurately reflect leasing levels and costs for the 2004
fiscal year of the agencies; and (2) for adjustments for public
housing agencies that experienced a significant increase, as
determined by the Secretary, in renewal costs resulting from
unforeseen circumstances or from the portability under section
8(r) of the United States Housing Act of 1937 of tenant-based
rental assistance: Provided further, That none of the funds
provided in this paragraph may be used to support a total number
of unit months under lease which exceeds a public housing
agency's authorized level of units under contract;
(2) $180,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, HOPE VI vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance: Provided, That no more
than $12,000,000 can be used for section 8 assistance to cover
the cost of judgments and settlement agreements;
(3) $48,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,250,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $10,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs: Provided, That $1,240,000,000 of the amount
provided in this paragraph shall be allocated for the calendar
year 2006 funding cycle on a pro rata basis to public housing
[[Page 119 STAT. 2442]]
agencies based on the amount public housing agencies were
eligible to receive in calendar year 2005: Provided further,
That all amounts provided under this paragraph shall be only for
activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual contributions for
assisted housing'', the heading ``Tenant-based rental assistance'', and
the heading ``Project-based rental assistance'', for fiscal year 2005
and prior years, $2,050,000,000 is rescinded, to be effected by the
Secretary no later than September 30, 2006: Provided, That, if
insufficient funds exist under these headings, the remaining balance may
be derived from any other heading under this
title: <<NOTE: Notification. Deadline.>> Provided further, That the
Secretary shall notify the Committees on Appropriations 30 days in
advance of the rescission of any funds derived from the headings
specified above: Provided further, That any such balances governed by
reallocation provisions under the statute authorizing the program for
which the funds were originally appropriated shall be available for the
rescission: Provided further, That any obligated balances of contract
authority from fiscal year 1974 and prior that have been terminated
shall be cancelled: Provided further, That no amounts recaptured from
amounts appropriated in prior years under this heading or the heading
``Annual contributions for assisted housing'' and no carryover of such
appropriated amounts for project-based assistance shall be available for
the calendar year 2006 funding cycle for activities provided for under
the heading ``Tenant-based rental assistance''.
project-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,088,300,000, to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $4,939,700,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990, and
for administrative and other expenses associated with project-
based activities and assistance funded under this paragraph.
[[Page 119 STAT. 2443]]
(2) $147,200,000 for performance-based contract
administrators for section 8 project-based assistance: Provided,
That the Secretary may also use such amounts for performance-
based contract administrators for: interest reduction payments
pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z-1(a)); rent supplement payments pursuant to section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12 U.S.C.
1715z-1(f)(2)); project rental assistance contracts for the
elderly under section 202(c)(2) of the Housing Act of 1959, as
amended (12 U.S.C. 1701q, 1701q-1); project rental assistance
contracts for supportive housing for persons with disabilities
under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act; project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667).
(3) $1,400,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', for
project-based section 8 activities may be used for renewals of
or amendments to section 8 project-based subsidy contracts or
for performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
(4) amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts, notwithstanding
the purposes for which such amounts were appropriated.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g) (the ``Act'') $2,463,600,000, to remain available until
September 30, 2009: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2006, the Secretary may not
delegate to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the time
periods under such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That of the
total amount provided under this heading, up to $11,000,000 shall be for
carrying out activities under section 9(h) of such Act: Provided
further, That $11,000,000 shall be transferred to the Working Capital
Fund: Provided further, That no funds may be used under this heading for
the purposes specified in section 9(k) of the United States Housing Act
of 1937, as amended: Provided further, That of the total amount provided
under this heading,
[[Page 119 STAT. 2444]]
up to $17,000,000 shall be available for the Secretary of Housing and
Urban Development to make grants, notwithstanding section 305 of this
Act, to public housing agencies for emergency capital needs resulting
from unforeseen or unpreventable emergencies and natural disasters
occurring in fiscal year 2006: Provided further, That of the total
amount provided under this heading, $38,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That of the total
amount provided under this heading up to $8,820,000 is to support the
costs of administrative and judicial receiverships: Provided further,
That of the total amount provided under this heading, $7,500,000 shall
be for Neighborhood Networks grants for activities authorized in section
9(d)(1)(E) of the United States Housing Act of 1937, as amended:
Provided further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be awarded to
public housing agencies on a competitive basis: Provided further, That
notwithstanding section 9(d)(1)(E) of the United States Housing Act of
1937, any Neighborhood Networks computer center established with funding
made available under this heading in this or any other Act, shall be
available for use by residents of public housing and residents of other
housing assisted with funding made available under this title in this
Act or any other Act.
public housing operating fund
For 2006 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,600,000,000: Provided, <<NOTE: 42 USC 1437g note.>> That, in fiscal
year 2006 and all fiscal years hereafter, no amounts under this heading
in any appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public housing for
any year prior to the current year of such Act: Provided further, That
no funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937, as amended, $100,000,000, to remain available until September
30, 2007, of which the Secretary may use up to $2,000,000 for technical
assistance and contract expertise, to be provided directly or indirectly
by grants, contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training, by or to
officials and employees of the department and of public housing agencies
and to residents: Provided, That none of such funds shall be used
directly or indirectly by granting competitive advantage in awards to
settle litigation or pay judgments, unless expressly permitted herein.
[[Page 119 STAT. 2445]]
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$630,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this heading,
$1,000,000 shall be contracted through the Secretary as technical
assistance and capacity building to be used by the National American
Indian Housing Council in support of the implementation of NAHASDA;
$4,500,000 shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based assistance,
including up to $300,000 for related travel; up to $4,000,000 may be
used for emergencies that constitute imminent threats to health and
safety, notwithstanding any other provision of law (including section
305 of this Act): Provided further, That of the amount provided under
this heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,926,000: Provided further, That
for administrative expenses to carry out the guaranteed loan program, up
to $150,000 from amounts in the third proviso, which shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses''.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to
remain available until expended, of which $352,606 shall be for training
and technical assistance activities.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$4,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are
[[Page 119 STAT. 2446]]
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $116,276,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $250,000 from amounts in the first paragraph which
shall be transferred to and merged with the appropriation for ``Salaries
and Expenses''.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
$900,000, to remain available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$35,714,290.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $35,000 from amounts in the first paragraph which
shall be transferred to and merged with the appropriation for ``Salaries
and Expenses''.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $289,000,000, to remain available until September 30,
2007, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30,
2008: <<NOTE: Contracts.>> Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section: Provided further, That the Secretary may use up to
$1,500,000 of the funds under this heading for training, oversight, and
technical assistance activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $17,000,000, to remain
available until expended, which amount shall be competitively awarded by
September 1, 2006, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
[[Page 119 STAT. 2447]]
community development fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,220,000,000, to remain available until September 30,
2008, unless otherwise specified: Provided, That of the amount provided,
$3,748,400,000 is for carrying out the community development block grant
program under title I of the Housing and Community Development Act of
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided
further, That unless explicitly provided for under this heading (except
for planning grants provided in the second paragraph and amounts made
available under the third paragraph), not to exceed 20 percent of any
grant made with funds appropriated under this heading shall be expended
for planning and management development and administration: Provided
further, That $1,600,000 shall be transferred to the Working Capital
Fund: Provided further, That $60,000,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 305 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety; $50,000,000 shall be available
for YouthBuild program activities authorized by subtitle D of title IV
of the Cranston-Gonzalez National Affordable Housing Act, as amended,
and such activities shall be an eligible activity with respect to any
funds made available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding: Provided
further, That no more than eight percent of any grant award under the
YouthBuild program may be used for administrative costs: Provided
further, That of the amount made available for YouthBuild not less than
$4,000,000 is for grants to establish YouthBuild programs in underserved
and rural areas and $1,000,000 is to be made available for a grant to
YouthBuild USA for capacity building for community development and
affordable housing activities as specified in section 4 of the HUD
Demonstration Act of 1993, as amended.
Of the amount made available under this heading, $310,000,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2004, 2005 and 2006, no unobligated funds for EDI
grants may be used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $50,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms
[[Page 119 STAT. 2448]]
and conditions specified in the statement of managers accompanying this
Act.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 181 striking
``Volusia County'' and inserting ``Lively Arts Center in Volusia
County''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 216 by
striking ``for construction'' and inserting ``for planning, design, and
engineering''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
369 by striking ``for the construction of HomeAid America temporary
homeless shelters in Costa Mesa, California'' and inserting ``for the
construction of shelters for the temporarily homeless in New York City,
New York''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
502 by striking ``for acquisition of'' and inserting ``for renovations
of''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
405 by striking ``Willington Senior Center'' and inserting ``buildings
and facilities associated with the Willington Senior Housing Center''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
674 by striking ``City of Big Island, Virginia for the Sedalia Center
restoration'' and inserting ``to restore the Sedalia Center in Bedford
County, Virginia''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
469 by striking ``to the City of Havana, Illinois'' and inserting
``Havana, Illinois, Rural Fire District''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
554 by striking ``$250,000 to the Town of Monroe, New York for
construction of the Monroe Free Library'' and inserting ``$150,000 for
the Town of Lewisboro, New York for infrastructure improvements for the
Onatru Farm Community Center and $100,000 for the Town of Poughkeepsie,
New York for streetscape and related improvements in the Arlington
Business District''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
445 by striking ``City of St. Petersburg, Florida'' and inserting
``Catholic Charities, Diocese of St. Petersburg, Florida''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
103 for the Mission Preservation Foundation in San Juan Capistrano,
California by striking ``for the Great Stone Church restoration
project'' and inserting ``to construct and install environment controls
and security measures''.
[[Page 119 STAT. 2449]]
The referenced statement of the managers under this heading in
division A of the Emergency Appropriations Act for Defense, Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13) is amended--
(1) in section 6070 (119 Stat. 299), by striking paragraph
(1); and
(2) in section 6071 (119 Stat. 299), by striking paragraph
(1).
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item number 83 by
striking ``construction'' and inserting ``planning, design, engineering,
and construction''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 216 by
striking ``for construction'' and inserting ``for planning, design, and
engineering''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item 9 by striking ``for
costs associated with the construction'' and inserting ``to be used for
the planning and design''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item 260 by adding
before the period ``including $120,000 for property renovation at 754
Broad Street for the Family Center emergency shelter for families and
children''.
The referenced statement of the managers accompanying Public Law
106-74 is deemed to be amended by inserting on page 113 ``, of which
$47,500 may be used for physical improvements at the South Providence
Development Corporation business incubator facility or CleanScape,
including associated project management costs'' after ``$100,000 for the
South Providence Development Corporation in Providence, Rhode Island for
a child care facility''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item number 30 by
striking ``City of San Francisco'' and inserting ``San Francisco Museum
and Historical Society''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 122 by
striking ``City of San Francisco'' and inserting ``San Francisco Museum
and Historical Society''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
855 by striking ``the Skagit County Children's Museum in Mount Vernon,
Washington for facilities improvements and renovation'' and inserting
``the Children's Museum of Skagit County in Mount Vernon, Washington to
purchase and renovate a building''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
1027 by striking ``planning and design'' and inserting ``planning,
design, construction and buildout''.
[[Page 119 STAT. 2450]]
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
946 by striking ``capital'' and inserting ``planning, design,
engineering, and construction''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
731 by striking ``rehabilitation and buildout'' and inserting
``planning, evaluation, design, engineering and construction''.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $3,000,000, to remain available
until September 30, 2007, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$137,500,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the guaranteed
loan program, $750,000 shall be transferred to and merged with the
appropriation for ``Salaries and expenses''.
brownfields redevelopment
(including rescission of funds)
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $10,000,000, to remain
available until September 30, 2007: Provided, That $10,000,000 shall be
rescinded from unobligated balances from prior years appropriations
under this heading and, to the extent there are insufficient balances,
any additional rescission amounts shall be rescinded from funds
appropriated under this heading for fiscal year 2006.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,750,000,000, to remain available until September 30, 2008:
Provided, That of the total amount provided in this paragraph, up to
$42,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and $1,000,000 shall
be transferred to the Working Capital Fund.
In addition to amounts otherwise made available under this heading,
$25,000,000, to remain available until September 30, 2008, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
[[Page 119 STAT. 2451]]
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
$61,000,000, to remain available until September 30, 2008: Provided,
That of the total amount provided in this heading $20,000,000 shall be
made available to the Self Help Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $30,000,000 shall be
made available for capacity building, of which $26,500,000 shall be for
capacity building for Community Development and affordable Housing for
LISC and the Enterprise Foundation for activities authorized by section
4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in
effect immediately before June 12, 1997, and $3,500,000 shall be made
available for capacity building activities administered by Habitat for
Humanity International: Provided further, That $3,000,000 shall be made
available to the Housing Assistance Council; $1,000,000 shall be made
available to the National American Indian Housing Council; $4,000,000
shall be available as a grant to the Raza Development Fund of La Raza
for the HOPE Fund, of which $500,000 is for technical assistance and
fund management, and $3,500,000 is for investments in the HOPE Fund and
financing to affiliated organizations; $2,000,000 shall be available as
a grant to the National Housing Development Corporation for operating
expenses and a program of affordable housing acquisition and
rehabilitation; and $1,000,000 shall be made available to the Special
Olympics National Organizing Committee for planning, equipment and
operational expenses associated with the 2006 games in Ames, Iowa.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,340,000,000, of which $1,320,000,000 shall remain available until
September 30, 2008, and of which $20,000,000 shall remain available
until expended: Provided, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the shelter
plus care program, shall be used for permanent housing: Provided
further, That all funds awarded for services shall be matched by 25
percent in funding by each grantee: <<NOTE: Contracts.>> Provided
further, That the Secretary shall renew on an annual basis expiring
contracts or amendments to contracts funded under the shelter plus care
program if the program is determined to be needed under the applicable
continuum of care and meets appropriate program requirements and
financial standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other mainstream health,
social services, and
[[Page 119 STAT. 2452]]
employment programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance Program, Temporary
Assistance for Needy Families, Food Stamps, and services funding through
the Mental Health and Substance Abuse Block Grant, Workforce Investment
Act, and the Welfare-to-Work grant program: Provided further, That up to
$11,674,000 of the funds appropriated under this heading shall be
available for the national homeless data analysis project and technical
assistance: Provided further, That $1,000,000 of the funds appropriated
under this heading shall be transferred to the Working Capital Fund:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if recaptured, for
Shelter Plus Care renewals in fiscal year 2006.
Housing Programs
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $742,000,000, to remain
available until September 30, 2009, of which amount $51,600,000 shall be
for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects, and of which
amount up to $24,800,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible
projects under such section to assisted living or related use and for
emergency capital repairs as determined by the Secretary: Provided, That
of the amount made available under this heading, $4,000,000 shall be
made available to carry out section 203 of Public Law 108-186: Provided
further, That of the amount made available under this heading,
$20,000,000 shall be available to the Secretary of Housing and Urban
Development only for making competitive grants to private nonprofit
organizations and consumer cooperatives for covering costs of
architectural and engineering work, site control, and other planning
relating to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q): Provided further, That amounts under this heading
shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202 capital
advance projects: Provided further, That $400,000 of the total amount
made available under this heading shall be transferred to the Working
Capital Fund: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration.
[[Page 119 STAT. 2453]]
housing for persons with disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act, and for
tenant-based rental assistance contracts entered into pursuant to
section 811 of such Act, $239,000,000 to remain available until
September 30, 2009: Provided, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That, of the amount provided
under this heading $78,300,000 shall be for amendments or renewal of
tenant-based assistance contracts entered into prior to fiscal year 2005
(only one amendment authorized for any such contract): Provided further,
That of the amount provided under this heading, the Secretary may make
available up to $5,000,000 for incremental tenant-based rental
assistance, as authorized by section 811 of such Act (which assistance
is 5 years in duration): Provided further, That all tenant-based
assistance made available under this heading shall continue to remain
available only to persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That amounts made
available under this heading shall be available for Real Estate
Assessment Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $26,400,000, to remain available until
expended: Provided, <<NOTE: 12 USC 1701s note.>> That amendments to such
contracts hereafter may be for a period less than the term of the
respective contracts.
flexible subsidy fund
(transfer of funds)
From <<NOTE: 12 USC 1715z-1 note.>> the Rental Housing Assistance
Fund, all uncommitted balances of excess rental charges as of September
30, 2005, and any collections made during fiscal year 2006 and all
subsequent fiscal years, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act, as
amended.
[[Page 119 STAT. 2454]]
manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $13,000,000, to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading from
the general fund shall be reduced as such collections are received
during fiscal year 2006 so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2006 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2006, commitments to guarantee loans to carry out
the purposes of section 203(b) of the National Housing Act, as amended,
shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2006, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $355,000,000, of which not to exceed
$351,000,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,000,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $62,600,000, of which $18,281,000
shall be transferred to the Working Capital Fund: Provided, That to the
extent guaranteed loan commitments exceed $65,500,000,000 on or before
April 1, 2006, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$8,800,000, to remain available until expended: Provided, That
commitments to guarantee loans shall
[[Page 119 STAT. 2455]]
not exceed $35,000,000,000 in total loan principal, any part of which is
to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale of
multifamily real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and formerly
insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $231,400,000, of which $211,400,000
shall be transferred to the appropriation for ``Salaries and Expenses'';
and of which $20,000,000 shall be transferred to the appropriation for
``Office of Inspector General''.
In addition, for administrative contract expenses necessary to carry
out the guaranteed and direct loan programs, $71,900,000, of which
$10,800,000 shall be transferred to the Working Capital Fund: Provided,
That to the extent guaranteed loan commitments exceed $8,426,000,000 on
or before April 1, 2006, an additional $1,980 for administrative
contract expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a pro rata
amount for any increment below $1,000,000), but in no case shall funds
made available by this proviso exceed $14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $200,000,000,000, to remain available until September
30, 2007.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,700,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,700,000, shall be transferred to the
appropriation for ``Salaries and Expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $56,350,000, to remain
available until September 30, 2007: Provided, That of the total amount
provided under this heading, $5,000,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative: Provided further,
That of the amounts
[[Page 119 STAT. 2456]]
made available for PATH under this heading, $2,500,000 shall not be
subject to the requirements of section 305 of this title: Provided
further, That the Office of Housing shall administer PATH: Provided
further, That of funds made available under this heading, $750,000 shall
be transferred to the National Research Council for a study in
accordance with the statement of the managers accompanying this Act:
Provided further, That of the funds made available under this heading,
$20,600,000 is for grants pursuant to section 107 of the Housing and
Community Development Act of 1974, as amended, as follows: $3,000,000 to
support Alaska Native serving institutions and Native Hawaiian serving
institutions as defined under the Higher Education Act, as amended;
$2,600,000 for tribal colleges and universities to build, expand,
renovate, and equip their facilities and to expand the role of the
colleges into the community through the provision of needed services
such as health programs, job training and economic development
activities; $9,000,000 for the Historically Black Colleges and
Universities program, of which up to $2,000,000 may be used for
technical assistance; and $6,000,000 for the Hispanic Serving
Institutions Program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$46,000,000, to remain available until September 30, 2007, of which
$20,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$152,000,000, to remain available until September 30, 2007, of which
$9,500,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided, That
for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
[[Page 119 STAT. 2457]]
under this heading, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs, as
identified by the Secretary as having: (1) the highest number of
occupied pre-1940 units of rental housing; and (2) a disproportionately
high number of documented cases of lead-poisoned children: Provided
further, That each grantee receiving funds under the previous proviso
shall target those privately owned units and multifamily buildings that
are occupied by low-income families as defined under section 3(b)(2) of
the United States Housing Act of 1937: Provided further, That not less
than 90 percent of the funds made available under this paragraph shall
be used exclusively for abatement, inspections, risk assessments,
temporary relocations and interim control of lead-based hazards as
defined by 42 U.S.C. 4851: Provided further, That each recipient of
funds provided under the first proviso shall make a matching
contribution in an amount not less than 25 percent: Provided further,
That each applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a Notice of Funding
Availability.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefore, as authorized
by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official
reception and representation expenses, $1,153,285,000, of which
$562,400,000 shall be provided from the various funds of the Federal
Housing Administration, $10,700,000 shall be provided from funds of the
Government National Mortgage Association, $750,000 shall be from the
``community development loan guarantee program'' account, $150,000 shall
be provided by transfer from the ``Native American housing block
grants'' account, $250,000 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and $35,000 shall
be transferred from the ``Native Hawaiian housing loan guarantee fund''
account: Provided, That funds made available under this heading shall
only be allocated in the manner specified in the statement of the
managers accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That no
official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer (OCFO)
has determined that such allotment holder has implemented an adequate
system of funds control and has received training in funds control
procedures and directives: Provided further, <<NOTE: Records. 42 USC
3549 note.>> That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31 U.S.C. 1514:
Provided further, That for purposes of funds control and determining
whether a violation exists under
[[Page 119 STAT. 2458]]
the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except with
respect to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized under
an executed agreement or contract, and shall be designated in the
approved funds control
plan: <<NOTE: Requirements. Guidelines. Procedures.>> Provided further,
That the Chief Financial Officer shall: (1) appoint qualified personnel
to conduct investigations of potential or actual violations; (2)
establish minimum training requirements and other qualifications for
personnel that may be appointed to conduct investigations; (3) establish
guidelines and timeframes for the conduct and completion of
investigations; (4) prescribe the content, format and other requirements
for the submission of final reports on violations; and (5) prescribe
such additional policies and procedures as may be required for
conducting investigations of, and administering, processing, and
reporting on, potential and actual violations of the Anti-Deficiency Act
and all other statutes and regulations governing the obligation and
expenditure of funds made available in this or any other Act: Provided
further, That up to $15,000,000 may be transferred to the Working
Capital Fund: <<NOTE: Government organization. Employment.>> Provided
further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
14 and GS-15 levels until the total number of GS-14 and GS-15 positions
in the Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by 2\1/2\
percent.
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation of both Department-wide and program-specific information
systems, and for program-related development activities, $197,000,000,
to remain available until September 30, 2007: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or
from within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts were
appropriated.
office of inspector general
(including transfers of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$106,000,000, of which $24,000,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office.
[[Page 119 STAT. 2459]]
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $60,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: <<NOTE: Deadline.>> Provided, That the Director shall
submit a spending plan for the amounts provided under this heading no
later than January 15, 2006: Provided further, That not less than 80
percent of the total amount made available under this heading shall be
used only for examination, supervision, and capital oversight of the
enterprises (as such term is defined in section 1303 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502)) to ensure that the enterprises are operating in a
financially safe and sound manner and complying with the capital
requirements under Subtitle B of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the general
fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund:
Provided further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to result in a
final appropriation from the general fund estimated at not more than $0.
Administrative Provisions
Sec. 301. <<NOTE: Recission.>> Fifty percent of the amounts of
budget authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be
rescinded, or in the case of cash, shall be remitted to the Treasury,
and such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies with
projects approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance with such
section. Notwithstanding the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest rate.
Sec. 302. None of the amounts made available under this Act may be
used during fiscal year 2006 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 303. <<NOTE: HIV/AIDS. Grants.>> (a) Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under this title for
fiscal year 2006 that are allocated under such section, the Secretary of
Housing and
[[Page 119 STAT. 2460]]
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2006 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2006, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) <<NOTE: New Jersey.>> Notwithstanding any other provision of
law, the amount allocated for fiscal year 2006 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White Plains, New
York-New Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and
Urban Development by: (1) allocating to the City of Jersey City, New
Jersey, the proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount allocated
for fiscal year 2006 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average
per capita incidence of AIDS, shall be adjusted by the Secretary on the
basis of area incidence reported over a three year period.
Sec. 304. (a) During fiscal year 2006, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted
[[Page 119 STAT. 2461]]
living facility in any such county, on behalf of which a public housing
agency provides assistance pursuant to section 8(o)(18) of such Act, may
be required, at the time the family initially receives such assistance,
to pay rent in an amount exceeding 40 percent of the monthly adjusted
income of the family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title III of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
Sec. 307. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with law,
and to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be necessary
in carrying out the programs set forth in the budget for 2006 for such
corporation or agency except as hereinafter provided: Provided, That
collections of these corporations and agencies may be used for new loan
or mortgage purchase commitments only to the extent expressly provided
for in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 309. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2006, HUD
shall transmit this information to the Committees by March 15, 2006 for
30 days of review.
Sec. 310. <<NOTE: Reports.>> The Secretary of Housing and Urban
Development shall provide quarterly reports to the House and Senate
Committees
[[Page 119 STAT. 2462]]
on Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in fiscal year
2006, in managing and disposing of any multifamily property that is
owned or held by the Secretary of Housing and Urban Development, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 that are attached to any
dwelling units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8,
based on consideration of the costs of maintaining such payments for
that property or other factors, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance.
Sec. 312. <<NOTE: HIV/AIDS. New Jersey.>> (a) Notwithstanding any
other provision of law, the amount allocated for fiscal year 2006 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
to the City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary of
Housing and Urban Development by allocating to the State of New Jersey
the proportion of the metropolitan division's amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the proportion
of the metropolitan division's high incidence bonus if this area in New
Jersey also has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) <<NOTE: North Carolina.>> Notwithstanding any other provision of
law, the Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would be
allocated for fiscal year 2006 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
Statistical Area. Any amounts allocated to Wake County shall be used to
carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2006 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan statistical area,
to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the
case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the
number of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated to a State
under this section shall
[[Page 119 STAT. 2463]]
be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.
Sec. 313. <<NOTE: 12 USC 1701q-3.>> Notwithstanding any other
provision of law, for this fiscal year and every fiscal year thereafter,
funds appropriated for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, shall be available
for the cost of maintaining and disposing of such properties that are
acquired or otherwise become the responsibility of the Department.
Sec. 314. <<NOTE: Reports. Deadlines. 42 USC 1437 note.>> The
Secretary of Housing and Urban Development shall submit an annual report
no later than August 30, 2006 and annually thereafter to the House and
Senate Committees on Appropriations regarding the number of Federally
assisted units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 315. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2007 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 316. That incremental vouchers previously made available under
the heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly disabled families
shall, to the extent practicable, continue to be provided to non-elderly
disabled families upon turnover.
Sec. 317. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska, Iowa,
and Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under section
(2)(b) of such Act. <<NOTE: Establishment. State listing.>> Each public
housing agency or other entity that administers Federal housing
assistance under section 8 in the States of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6 residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity on
issues related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 318. (a) Notwithstanding any other provision of law, subject to
the conditions listed in subsection (b), for fiscal years 2006 and 2007,
the Secretary may authorize the transfer of project-based assistance,
debt and statutorily required low-income and very low-income use
restrictions, associated with one multifamily housing project to another
multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
[[Page 119 STAT. 2464]]
(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) <<NOTE: Notification. Certification.>> the owner or
mortgagor of the transferring project shall notify and consult
with the tenants residing in the transferring project and
provide a certification of approval by all appropriate local
governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
shall not be required to vacate their units in the transferring
project until new units in the receiving project are available
for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving
project meets the condition specified in subsection (c)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project
by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be reduced
as a result of a transfer completed under this section; and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section
[[Page 119 STAT. 2465]]
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) additional assistance payments under section
236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ``receiving project'' means the multifamily
housing project to which the project-based assistance, debt, and
statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 319. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 320. (a) Extension.--The Secretary of Housing and Urban
Development shall extend the term of the Moving to Work Demonstration
Agreement entered into between a public housing agency and the Secretary
under section 204, title V, of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134, April 26, 1996) if--
(1) the public housing agency requests such extension in
writing;
(2) the public housing agency is not at the time of such
request for extension in default under its Moving to Work
Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be
extended would otherwise expire on or before September 30, 2006.
(b) Terms.--Unless the Secretary of Housing and Urban Development
and the public housing agency otherwise agree, the extension under
subsection (a) shall be upon the identical terms and conditions set
forth in the extending agency's existing Moving to Work Demonstration
Agreement, except that for each public housing agency that has been or
will be granted an extension to its original Moving to Work Agreement,
the Secretary shall require that data be collected so that the effect of
Moving to Work policy changes on residents can be measured.
(c) Extension Period.--The extension under subsection (a) shall be
for such period as is requested by the public housing agency, not to
exceed 3 years from the date of expiration of the extending agency's
existing Moving to Work Demonstration Agreement.
(d) Breach of Agreement.--Nothing contained in this section shall
limit the authority of the Secretary of Housing and Urban Development to
terminate any Moving to Work Demonstration Agreement of a public housing
agency if the public housing agency is in breach of the provisions of
such agreement.
Sec. 321. No funds provided under this title may be used for an
audit of the Government National Mortgage Association
[[Page 119 STAT. 2466]]
that makes applicable requirements under the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
Sec. 322. Incremental vouchers previously made available under the
heading, ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance'', for family unification shall, to the
extent practicable, continue to be provided for family unification.
Sec. 323. Section 223(f)(1) of the National Housing Act <<NOTE: 12
USC 1715n.>> is amended by inserting ``purchase or'' immediately before
``refinancing of existing debt''.
Sec. 324. Section 421 of the Housing and Community Development Act
of 1987 (12 U.S.C. Sec. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after ``is'' the
following: ``or, at the time of the violations, was''; and
(2) in subsection (a)(1)(C), by inserting after ``held'' the
following: ``or, at the time of the violations, was insured or
held''.
Sec. 325. <<NOTE: Records. 12 USC 1715z-1 note.>> Notwithstanding
any other provision of law, for fiscal year 2006 and thereafter, all
mortgagees receiving interest reduction payments under section 236 of
the National Housing Act (12 U.S.C. 1715z-1) shall submit only
electronic invoices to the Department of Housing and Development in
order to receive such payments. <<NOTE: Deadline.>> The mortgagees shall
comply with this requirement no later than 90 days from the date of
enactment of this provision.
Sec. 326. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202b(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may
lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.
Sec. 327. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
[[Page 119 STAT. 2467]]
(c) <<NOTE: Deadline. Regulations.>> Not later than 30 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall issue final regulations to carry out the provisions of
this section.
Sec. 328. <<NOTE: California.>> The Secretary of Housing and Urban
Development shall give priority consideration to applications from the
housing authorities of the Counties of San Bernardino and Santa Clara
and the City of San Jose, California to participate in the Moving to
Work Demonstration Agreement under section 204, title V, of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-
134, April 26, 1996): Provided, That upon turnover, existing
requirements on the re-issuance of Section 8 vouchers shall be
maintained to ensure that not less than 75 percent of all vouchers shall
be made available to extremely low-income families.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2006''.
TITLE <<NOTE: Judiciary Appropriations Act, 2006.>> IV
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $60,730,000,
of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by the
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $5,624,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $24,000,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $15,480,000.
[[Page 119 STAT. 2468]]
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,348,780,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$3,833,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under the Criminal Justice Act of 1964, as amended (18
U.S.C. 3006A); the compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the Criminal
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to represent jurors
in civil actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d); and for necessary training and general
administrative expenses, $717,000,000, to remain available until
expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $61,318,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
[[Page 119 STAT. 2469]]
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$372,000,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General, and of which not to
exceed $65,500,000 shall remain available until expended, to be expended
directly or transferred to the United States Federal Protective Service
for costs associated with building security.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $70,262,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses and of which up to
$1,000,000 shall be made available to the National Academy of Public
Administration for a review of the financial and management procedures
of the Federal Judiciary.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $22,350,000; of which $1,800,000 shall remain
available through September 30, 2007, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $600,000;
[[Page 119 STAT. 2470]]
and to the United States Court of Federal Claims Judges' Retirement
Fund, as authorized by 28 U.S.C. 178(l), $3,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $14,400,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 705 and 710 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. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 404. <<NOTE: Deadline.>> Within 90 days of enactment of this
Act, the Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan for the
Judiciary allocating all sources of available funds including
appropriations, fee collections, and carryover balances, to include a
separate and detailed plan for the Judiciary Information Technology
fund.
Sec. 405. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
Public Law 97-92, and from funds appropriated in this Act, Justices and
judges of the United States are authorized during fiscal year 2006, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 406. <<NOTE: Missouri. Extension. 28 USC 133 note.>> The
existing judgeship for the eastern district of Missouri authorized by
section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-
650, 104 Stat. 5089) as amended by Public Law 105-53, as of the
effective date of this Act, shall be extended. The first vacancy in the
office of district judge in this district occurring 20 years or more
after the confirmation date of the judge named to fill the temporary
judgeship created by section 203(c) shall not be filled.
Sec. 407. (a) Section 604 of title 28, United States Code, is
amended by adding section (4) at the end of section ``(g)'':
``(4) <<NOTE: Contracts.>> The Director is hereby
authorized:
[[Page 119 STAT. 2471]]
``(A) to enter into contracts for the acquisition of
severable services for a period that begins in one
fiscal year and ends in the next fiscal year to the same
extent as the head of an executive agency under the
authority of section 253l of title 41, United States
Code;
``(B) to enter into contracts for multiple years for
the acquisition of property and services to the same
extent as executive agencies under the authority of
section 254c of title 41, United States Code; and
``(C) to make advance, partial, progress or other
payments under contracts for property or services to the
same extent as executive agencies under the authority of
section 255 of title 41, United States Code.''.
(b) Section 612 of title 28, United States Code, is amended by
striking the current language in section (e)(2)(B) and inserting ``such
contract is in accordance with the Director's authority in section
604(g) of 28 U.S.C.; and,''.
(c) <<NOTE: Expiration date. 26 USC 604 note.>> The authorities
granted in this section shall expire on September 30, 2010.
Sec. 408. <<NOTE: Deadline. Public information. Reports. Henry
Cisneros.>> (a) The division of the court shall release to the Congress
and to the public not later than 60 days after the date of enactment of
this Act all portions of the final report of the independent counsel of
the investigation of Henry Cisneros made under section 594(h) of title
28, United States Code. The division of the court shall make such orders
as are appropriate to protect the rights of any individual named in such
report and to prevent undue interference with any pending
prosecution. <<NOTE: Publication.>> Upon the release of the final
report, the final report shall be published pursuant to section
594(h)(3) of title 28, United States Code.
(b)(1) After the release and publication of the final report
referred to in subsection (a), the independent counsel shall continue
his office only to the extent necessary and appropriate to perform the
noninvestigative and nonprosecutorial tasks remaining of his statutory
duties as required to conclude the functions of his office.
(2) The duties referred to in paragraph (1) shall specifically
include--
(A) the evaluation of claims for attorney fees, pursuant to
section 593(l) of title 28, United States Code;
(B) the transfer of records to the Archivist of the United
States pursuant to section 594(k) of title 28, United States
Code;
(C) compliance with oversight obligations pursuant to
section 595(a) of title 28, United States Code; and
(D) preparation of statements of expenditures pursuant to
section 595(c) of title 28, United States Code.
(c)(1) <<NOTE: Deadline.>> The independent counsel shall have not
more than 90 days after the release and publication of the final report
referred to in subsection (a) to complete his remaining statutory duties
unless the division of the court determines that it is necessary for the
independent counsel to have additional time to complete his remaining
statutory duties.
(2) <<NOTE: Reports. Public information.>> If the division of the
court finds that the independent counsel needs additional time under
paragraph (1), the division of the court shall issue a public report
stating the grounds for the extension and a proposed date for completion
of all aspects of the investigation of Henry Cisneros and termination of
the office of the independent counsel.
[[Page 119 STAT. 2472]]
This title may be cited as the ``Judiciary Appropriations Act,
2006''.
TITLE <<NOTE: Executive Office of the President Appropriations Act,
2006.>> V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made
available for official expenses shall be expended for any other purpose
and any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $53,830,000:
Provided, That of the funds appropriated under this heading, $1,500,000
shall be for the Privacy and Civil Liberties Oversight Board.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,436,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until
[[Page 119 STAT. 2473]]
expended: Provided further, That the Executive Residence shall require
the national committee of the political party of the President to
maintain on deposit $25,000, to be separately accounted for and
available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal
year: <<NOTE: Notice. Deadlines.>> Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed for a
reimbursable operating expense under this paragraph is submitted to the
person owing such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the submission of
such notice: Provided further, <<NOTE: Deadline.>> That the Executive
Residence shall charge interest and assess penalties and other charges
on any such amount that is not reimbursed within such 30 days, in
accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges, shall be
deposited in the Treasury as
miscellaneous <<NOTE: Deadline. Reports.>> receipts: Provided further,
That the Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: <<NOTE: Records.>> Provided further, That the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,700,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,040,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,500,000.
[[Page 119 STAT. 2474]]
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,705,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $89,322,000, of which $11,768,000 shall remain
available until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $76,930,000, of which not to exceed $3,000 shall be
available for official representation
expenses: <<NOTE: Applicability.>> Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the objects for
which appropriations were made and shall be allocated in accordance with
the terms and conditions set forth in the accompanying statement of the
managers except as otherwise provided by law: Provided further, That
none of the funds appropriated in this Act for the Office of Management
and Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That the preceding shall not apply to printed hearings released
by the Committees on Appropriations: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning
process: <<NOTE: Deadlines.>> Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported. <<NOTE: Notification.>> The Director of
the Office of Management and Budget shall notify the appropriate
authorizing and Appropriations Committees when the 60-day review is
initiated. <<NOTE: Deadline.>> If water resource reports have not been
transmitted to the appropriate authorizing and appropriating committees
within
[[Page 119 STAT. 2475]]
15 days of the end of the OMB review period based on the notification
from the Director, Congress shall assume OMB concurrence with the report
and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $26,908,000;
of which $1,316,000 shall remain available until expended for policy
research and evaluation: Provided, <<NOTE: 21 USC 1702 note.>> That the
Office is authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$30,000,000, which shall remain available until expended, consisting of
$14,000,000 for counternarcotics research and development projects, of
which up to $1,000,000 is to be directed to supply reduction activities,
and $16,000,000 for the continued operation of the technology transfer
program: Provided, That the $14,000,000 for counternarcotics research
and development projects shall be available for transfer to other
Federal departments or agencies.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of National
Drug Control Policy's High Intensity Drug Trafficking Areas Program,
$227,000,000 for drug control activities consistent with the approved
strategy for each of the designated High Intensity Drug Trafficking
Areas, of which no less than 51 percent shall be transferred to State
and local entities for drug control activities, which shall be obligated
within 120 days of the date of the enactment of this Act: Provided, That
up to 49 percent, to remain available until September 30, 2007, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,000,000 shall be
used for auditing services and associated activities, and at least
$500,000 of the $2,000,000 shall be used to develop and implement a data
collection system to measure the performance of the High Intensity Drug
Trafficking
[[Page 119 STAT. 2476]]
Areas Program: Provided further, That High Intensity Drug Trafficking
Areas programs designated as of September 30, 2005, shall be funded at
no less than the fiscal year 2005 initial allocation levels unless the
Director submits to the Committees on Appropriations, and the Committees
approve, justification for changes in those levels based on clearly
articulated priorities for the High Intensity Drug Trafficking Areas
programs, as well as published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That a request
shall be submitted in compliance with the reprogramming guidelines to
the Committees on Appropriations for approval prior to the obligation of
funds of an amount in excess of the fiscal year 2005 budget request:
Provided further, That none of the funds made available under this
heading shall be available for the Consolidated Priority Organization
Target program.
other federal drug control programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$194,900,000, to remain available until expended, of which the amounts
are available as follows: $100,000,000 to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act of 1998:
Provided, That the Office of National Drug Control Policy shall maintain
funding for non-advertising services for the media campaign at no less
than the fiscal year 2003 ratio of service funding to total funds and
shall continue the corporate outreach program as it operated prior to
its cancellation; $80,000,000 to continue a program of matching grants
to drug-free communities, of which $2,000,000 shall be a directed grant
to the Community Anti-Drug Coalitions of America for the National
Community Anti-Drug Coalition Institute, as authorized in chapter 2 of
the National Narcotics Leadership Act of 1988, as amended; $1,000,000
for the National Drug Court Institute; $1,000,000 for the National
Alliance for Model State Drug Laws; $8,500,000 for the United States
Anti-Doping Agency for anti-doping activities; $2,900,000 for the United
States membership dues to the World Anti-Doping Agency; and $1,500,000
for evaluations and research related to National Drug Control Program
performance measures: Provided further, That such funds may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 10 percent shall be for
administration, advertising production, research and testing, labor and
related costs of the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000.
[[Page 119 STAT. 2477]]
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,455,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $325,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2006''.
TITLE VI
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
salaries and expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $5,941,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $63,000,000 of which up
to $500,000 shall be used to coordinate with the Administrator of the
Environmental Protection Agency in the Agency's study pursuant to H.R.
2361, as passed by the
[[Page 119 STAT. 2478]]
Senate in the first session of the 109th Congress, to assess safety
risks to both persons and the environment with regard to small engines,
as required in Public Law 108-199, including real-world scenarios
involving, among other things, operator burn, fire due to contact with
flammable items, and refueling.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $14,200,000, of which $2,800,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,000,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $54,700,000, of which no less
than $4,700,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be available
for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $25,468,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
[[Page 119 STAT. 2479]]
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $20,499,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 592), the revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally owned
and leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $7,752,745,000, of which: (1) $792,056,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Tuscaloosa, Federal Building, $34,500,000.
California:
San Diego, United States Courthouse,
$230,803,000.
Colorado:
Lakewood, Denver Federal Center
Infrastructure, $4,658,000.
[[Page 119 STAT. 2480]]
District of Columbia:
Coast Guard Consolidation, $24,900,000.
St. Elizabeths West Campus Infrastructure,
$13,095,000.
Southeast Federal Center Site Remediation,
$15,000,000.
Illinois:
Rockford Federal Courthouse, $34,500,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $127,600,000.
Mississippi:
Jackson, United States Courthouse, $8,750,000.
Missouri:
Jefferson City, United States Courthouse,
$5,200,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station,
$46,534,000.
Material Price Increases for the following existing
projects: U.S. Mission to the United Nations, New York City, New
York; FBI Office, Houston, Texas; Border Station, Del Rio,
Texas; United States Courthouse, Cape Girardeau, Missouri;
United States Courthouse, El Paso, Texas; Border Station, El
Paso, Texas; and United States Courthouse, Las Cruces, New
Mexico, $66,789,000.
Non-prospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: <<NOTE: Expiration date.>> Provided further, That all funds for
direct construction projects shall expire on September 30, 2007 and
remain in the Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date; (2) $861,376,000 shall remain available until
expended for repairs and alterations, which includes associated design
and construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh United States
Courthouse, $16,136,000.
District of Columbia:
For transfer to the Navy for certain permanent
relocation expenses pursuant to section 1(e) of
Public Law 108-268, $2,000,000.
Eisenhower Executive Office Building,
$33,417,000.
Federal Office Building 8, $47,769,000.
[[Page 119 STAT. 2481]]
Heating, Operation, and Transmission District
Repair, $18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Federal Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr., Federal
Building, $30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse,
$96,924,000.
New York City, James Watson Federal Building
and United States Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $28,000,000.
Glass Fragmentation Program, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: <<NOTE: Expiration
date.>> Provided further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2007 and remain in the
Federal Buildings Fund except funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay claims
against the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases in
prospectus projects; (3) $168,180,000 for installment acquisition
payments including payments on purchase contracts which shall remain
available until expended; (4) $4,046,031,000 for rental of space which
shall remain available until expended; and (5) $1,885,102,000 for
building operations which shall remain available until expended:
Provided further, That funds available to the General Services
Administration shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for each project
for required expenses
[[Page 119 STAT. 2482]]
for the development of a proposed prospectus: Provided further, That
funds available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the Committees
on Appropriations: <<NOTE: Missouri.>> Provided further, That,
notwithstanding any other provision of law, the Administrator of the
General Services Administration is authorized and directed to proceed
with site, design, acquisition, and construction for a new courthouse in
Jefferson City, Missouri, of which planning and design funding is
provided in this Act: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2006, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
in excess of the aggregate new obligational authority authorized for
Real Property Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109, $52,796,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing Internet
access to Federal information and services; agency-wide policy direction
and management, and Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $99,890,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That
[[Page 119 STAT. 2483]]
not to exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: <<NOTE: Deadline.>> Provided further, That such transfers may not
be made until 10 days after a proposed spending plan and justification
for each project to be undertaken has been submitted to the Committees
on Appropriations.
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,952,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $15,000,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$32,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2006 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 601. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 602. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 603. Funds in the Federal Buildings Fund made available for
fiscal year 2006 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary
[[Page 119 STAT. 2484]]
to meet program requirements: Provided, That any proposed transfers
shall be approved in advance by the Committees on Appropriations.
Sec. 604. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2007
request for United States Courthouse construction that: (1) does not
meet the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; and (2)
does not reflect the priorities of the Judicial Conference of the United
States as set out in its approved 5-year construction plan: Provided,
That the fiscal year 2007 request must be accompanied by a standardized
courtroom utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 605. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 606. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 607. The General Services Administration shall conduct a
program to promote the use of stairs in all Federal buildings.
Sec. 608. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations through an
operating plan change.
Sec. 609. In the case of any General Services Administration (GSA)
project subject to its published design criteria or specifications of
any solicitations for offers issued for construction of a Federal
building or courthouse and to the extent GSA utilizes, references or
relies on any sustainable building rating systems that award credit for
certified wood products, GSA shall ensure credit under its procedures
and requirements to any project that uses wood or wood products
certified by a credible third party sustainable forest certification
program, including the Sustainable Forestry Initiative and the Forest
Stewardship Council: <<NOTE: Deadline. Reports.>> Provided, That not
later than 60 days after enactment of this Act, the Administrator shall
report to the relevant congressional committees of jurisdiction on the
progress and next steps toward recognition of other credible sustainable
building rating systems within the GSA sustainable building procurement
process.
Sec. 610. For purposes of the eTravel system, no less than 23
percent of all subcontracted dollars shall be allocated to small
businesses.
[[Page 119 STAT. 2485]]
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), as amended, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for official
reception and representation expenses, $35,600,000 together with not to
exceed $2,605,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000,
to remain available until expended, of which up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation for the necessary expenses of
the Native Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $1,900,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents, and for the hire of passenger
motor vehicles, $283,045,000: Provided, That the Archivist of the United
States is authorized to use any
[[Page 119 STAT. 2486]]
excess funds available from the amount borrowed for construction of the
National Archives facility, for expenses necessary to provide adequate
storage for holdings: Provided further, That of the funds provided in
this paragraph, $2,000,000 shall be for initial move of records,
staffing, and operations of the Nixon Library.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $37,914,000, of which $22,000,000 shall remain available
until September 30, 2008: Provided, That none of the multi-year funds
may be obligated until the National Archives and Records Administration
submits to the Committees on Appropriations, and such Committees
approve, a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget, including Circular A-11; (2) complies with the
National Archives and Records Administration's enterprise architecture;
(3) conforms with the National Archives and Records Administration's
enterprise life cycle methodology; (4) is approved by the National
Archives and Records Administration and the Office of Management and
Budget; (5) has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal Government.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $9,682,000, to remain
available until expended, of which $1,500,000 is to construct a new
regional archives and records facility in Anchorage, Alaska, and of
which $1,000,000 is for the repair and restoration of the plaza that
surrounds the Lyndon Baines Johnson Presidential Library that is under
the joint control and custody of the University of Texas: Provided, That
such funds may be transferred directly to the University and used,
together with University funds, for repair and restoration of the plaza
and remain available until expended for this purpose: Provided further,
That such funds shall be spent in accordance with the construction plan
submitted to the Committees on Appropriations on March 14, 2005:
Provided further, That the Archivist shall be prohibited from entering
into any agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Government.
national historical publications and records commission
grants program
(including transfer of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$7,500,000, to remain available until expended: Provided, That of the
funds provided in this paragraph, $2,000,000 shall be transferred to the
operating expenses account for operating
[[Page 119 STAT. 2487]]
expenses of the National Historical Publications and Records
Administration.
National Credit Union Administration
central liquidity facility
During fiscal year 2006, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2006 shall not exceed $323,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000 shall be available
until September 30, 2007 for technical assistance to low-income
designated credit unions, and amounts of principal and interest on loans
repaid shall be available until expended for low-income designated
credit unions.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
(rescission)
Of the available unobligated balances made available under Public
Law 106-246, $1,000,000 are rescinded.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $118,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended, and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor
[[Page 119 STAT. 2488]]
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $11,148,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $122,521,000, of which
$6,983,000 shall remain available until expended for the Enterprise
Human Resources Integration project; $1,450,000 shall remain available
until expended for the Human Resources Line of Business project;
$500,000 shall remain available until expended for the E-Training
project; and $1,412,000 shall remain available until expended until
September 30, 2007 for the E-Payroll project; and in addition
$100,017,000 for administrative expenses, to be transferred from the
appropriate trust funds of the Office of Personnel Management without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That no
part of this appropriation shall be available for salaries and expenses
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2006, accept donations
of money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire
[[Page 119 STAT. 2489]]
of passenger motor vehicles, $2,071,000, and in addition, not to exceed
$16,329,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
Public Law 107-304, and the Uniformed Services Employment and
Reemployment Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $15,325,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C.
[[Page 119 STAT. 2490]]
5901-5902; hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $750 for official reception and
representation expenses; $25,000,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from the
provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended for or
in connection with the induction of any person into the Armed Forces of
the United States.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $1,800,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 <<NOTE: 42 USC 11319.>> by striking ``2005''
and inserting ``2006''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $116,350,000, of which $73,000,000
shall not be available for obligation until October 1, 2006:
Provided, <<NOTE: 39 USC 403 note.>> That mail for overseas voting and
mail for the blind shall continue to be free: Provided further, That 6-
day delivery and rural delivery of mail shall continue at not less than
the 1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of any State
or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices in fiscal year 2006.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $47,998,000: Provided,
That <<NOTE: 26 USC 7443 note.>> travel expenses of the judges shall be
paid upon the written certificate of the judge.
[[Page 119 STAT. 2491]]
TITLE VII
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 701. Such sums as may be necessary for fiscal year 2006 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 702. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 703. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 704. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 705. 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. 706. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 707. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 708. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 709. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 710. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain
[[Page 119 STAT. 2492]]
available for obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever
is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to the
Committees on Appropriations or the table accompanying the statement of
the managers accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate Committees on
Appropriations: <<NOTE: Deadline. Reports.>> Provided, That not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted to the
Congress.
Sec. 711. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2006 from appropriations made available for salaries and
expenses for fiscal year 2006 in this Act, shall remain available
through September 30, 2007, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 712. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
[[Page 119 STAT. 2493]]
Sec. 713. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
Sec. 714. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 715. <<NOTE: Abortions.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 716. The provision of section 715 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 717. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
Sec. 718. None of the funds made available in the Act may be used to
finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 719. <<NOTE: Reports. Deadline. Contracts.>> All Federal
agencies and departments that are funded under this Act shall issue a
report to the House and Senate Committees on Appropriations on all sole
source contracts by no later than July 31, 2006. Such report shall
include the contractor, the amount of the contract and the rationale for
using a sole source contract.
Sec. 720. The Secretary of the Treasury may transfer funds from
amounts appropriated under title II of this Act for any costs necessary
to pay for both career and non-career senior Treasury officials and
support staff in locations of economic strategic interest throughout the
world. Such positions would be used to advocate positions of interest to
the United States Government, including open and fair financial markets,
consistent with the Secretary's obligation under the Gold Reserve Act of
1934 (48 Stat. 337) to promote orderly exchange arrangements and an
orderly system of exchange rates. Any transfer shall not be made
available until approved in an operating plan request by the House and
Senate Committees on Appropriations.
Sec. 721. Section 640(c) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note), as
amended by section 642 of the Treasury and General Government
Appropriations Act, 2002 (Public Law 107-67) and by section 639 of the
Transportation, Treasury, and Independent
[[Page 119 STAT. 2494]]
Agencies Appropriations Act, 2004 (Public Law 108-199), <<NOTE: 2 USC
437g note.>> is amended by striking ``December 31, 2005'' and inserting
``December 31, 2008''.
Sec. 722. The Secretary of the Treasury may make payments from the
Treasury Forfeiture Fund to reimburse the United States Secret Service
for costs of protecting the Secretary of the Treasury:
Provided, <<NOTE: Records.>> That the United States Secret Service shall
provide the Department of the Treasury with a detailed, itemized list of
expenses associated with such protection: Provided further, That the
Comptroller General shall review all expenditures related to such
protection and shall determine if each expense is a reasonable and
unavoidable cost of this protection: Provided
further, <<NOTE: Memorandum.>> That all such reimbursable expenses shall
be subject to a memorandum of understanding between the Department of
the Treasury and the United States Secret Service.
Sec. 723. Section 101 of the Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the Consequences
of Hurricane Katrina, 2005 (Public Law 109-62; 119 Stat. 1992) is
repealed.
Sec. 724. (a) In General.--None of the funds appropriated or
otherwise made available by this Act may be used for any Federal
Government contract with any foreign incorporated entity which is
treated as an inverted domestic corporation under section 835(b) of the
Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 725. From funds made available in this Act under the headings
``White House Office'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of Administration'',
``Office of Policy Development'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, fifteen days after
giving notice to the House and Senate Committees on Appropriations,
transfer not to exceed 10 percent of any such appropriation to any other
such appropriation, to be merged with and available for the same time
and for the same purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the approval of the
Vice President.
Sec. 726. <<NOTE: Eminent domain.>> No funds in this Act may be used
to support any Federal, State, or local projects that seek to use the
power of eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
[[Page 119 STAT. 2495]]
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain: <<NOTE: Deadline.>> Provided further, That the
Government Accountability Office, in consultation with the National
Academy of Public Administration, organizations representing State and
local governments, and property rights organizations, shall conduct a
study to be submitted to the Congress within 12 months of the enactment
of this Act on the nationwide use of eminent domain, including the
procedures used and the results accomplished on a state-by-state basis
as well as the impact on individual property owners and on the affected
communities.
TITLE VIII
GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 802. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2006 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 803. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000 for special
heavy-duty vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
[[Page 119 STAT. 2496]]
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 804. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 805. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of the
enactment of this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is a
person who owes allegiance to the United States; (4) is an alien from
Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
or the Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian
refugee paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992 (Public
Law 102-404): Provided, That for the purpose of this section, an
affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: <<NOTE: Penalty.>> Provided further,
That any person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or imprisoned
for not more than 1 year, or both: Provided further, That the above
penal clause shall be in addition to, and not in substitution for, any
other provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government. This
section shall not apply to citizens of Ireland, Israel, or the Republic
of the Philippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information Agency, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies.
Sec. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 807. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds
[[Page 119 STAT. 2497]]
resulting from the sale of materials, including Federal records disposed
of pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 808. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 809. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 810. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 811. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards, with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. 812. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 813. <<NOTE: 5 USC 5343 note.>> (a) Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2006, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
[[Page 119 STAT. 2498]]
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2006, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2006, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2006 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2006 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) <<NOTE: Regulations.>> For the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 2005, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2005, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) <<NOTE: Applicability.>> This section shall apply with respect
to pay for service performed after September 30, 2005.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 814. During the period in which the head of any department or
agency, or any other officer or civilian employee of the
[[Page 119 STAT. 2499]]
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on Appropriations.
For the purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as any other
space used primarily by the individual or the use of which is directly
controlled by the individual.
Sec. 815. Notwithstanding section 1346 of title 31, United States
Code, or section 809 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 816. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 817. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), as amended,
the Age Discrimination in Employment Act of 1967 (Public Law 90-202, 81
Stat.
[[Page 119 STAT. 2500]]
602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.
355).
Sec. 818. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 819. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 820. No funds appropriated in this or any other Act may be used
to implement or enforce the agreements in Standard Forms 312 and 4414 of
the Government or any other nondisclosure policy, form, or agreement if
such policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order No. 12958; section
7211 of title 5, United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection
[[Page 119 STAT. 2501]]
Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 821. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 822. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 823. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 824. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 825. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency
[[Page 119 STAT. 2502]]
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 827. Notwithstanding 31 U.S.C. 1346 and section 910 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not exceed
$10,000,000. Such transfers or reimbursements may only be made 15 days
following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 828. <<NOTE: Breastfeeding.>> Notwithstanding any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 829. Nothwithstanding section 1346 of title 31, United States
Code, or section 810 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 830. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
[[Page 119 STAT. 2503]]
as applicable, and the amount
provided: <<NOTE: Applicability.>> Provided, That this provision shall
apply to direct payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 831. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is further amended by striking ``October
1, 2005'' and inserting ``October 1, 2006'': Provided, That <<NOTE: 31
USC 501 note.>> this provision shall not apply to the Department of
Homeland Security.
Sec. 832. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 833. (a) <<NOTE: Contracts. Prescription drugs.>> None of the
funds appropriated by this Act may be used to enter into or renew a
contract which includes a provision providing prescription drug
coverage, except where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such
[[Page 119 STAT. 2504]]
activities would be contrary to the individual's religious beliefs or
moral convictions.
(d) <<NOTE: Abortions.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 834. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 835. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 836. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 837. <<NOTE: Deadline. Reports.>> (a) Not later than 180 days
after the end of the fiscal year, the head of each Federal agency shall
submit a report to Congress on the amount of the acquisitions made by
the agency from entities that manufacture the articles, materials, or
supplies outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American Act
(41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) <<NOTE: Public information.>> The head of each Federal agency
submitting a report under subsection (a) shall make the report publicly
available to the maximum extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community
as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
Sec. 838. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 839. Notwithstanding section 1346 of title 31, United States
Code, and section 809 of this Act and any other provision
[[Page 119 STAT. 2505]]
of law, the head of each appropriate executive department and agency
shall transfer to or reimburse the Federal Aviation Administration, upon
the direction of the Director of the Office of Management and Budget,
funds made available by this or any other Act for the purposes described
below, and shall submit budget requests for such
purposes. <<NOTE: Midway Atoll Airfield. Contracts.>> These funds shall
be administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2006 and any period thereafter that precedes the
enactment of the Transportation, Treasury, the Judiciary, Housing and
Urban Development, and Related Agencies Appropriations Act, 2007. The
Director of the Office of Management and Budget shall mandate the
necessary transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the responsibility
for funding the continuous operation of the Midway Atoll Airfield based
on, but not limited to, potential use, interest in maintaining aviation
safety, and applicability to governmental operations and agency mission.
The total funds transferred or reimbursed shall not exceed $6,000,000
for any twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period cited above.
Funds shall be available for operation of the airfield or airfield-
related capital upgrades. <<NOTE: Notification. Deadline.>> The Director
of the Office of Management and Budget shall notify the Committees on
Appropriations of such transfers or reimbursements within 15 days of
this Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.
Sec. 840. Section 4(b) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270) <<NOTE: 31 USC 501 note.>> is amended
by adding at the end the following new paragraph:
``(5) Executive agencies with fewer than 100 full-time
employees as of the first day of the fiscal year. However, such
an agency shall be subject to section 2 to the extent it plans
to conduct a public-private competition for the performance of
an activity that is not inherently governmental.''.
Sec. 841. <<NOTE: Reports.>> (a) No funds shall be available for
transfers or reimbursements to the E-Government Initiatives sponsored by
the Office of Management and Budget (OMB) prior to 15 days following
submission of a report to the Committees on Appropriations by the
Director of the Office of Management and Budget and receipt of approval
to transfer funds by the House and Senate Committees on Appropriations.
(b) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds;
and
(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
[[Page 119 STAT. 2506]]
Sec. 842. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available
to convert to contractor performance an activity or function of
an executive agency, that on or after the date of enactment of
this Act, is performed by more than 10 Federal employees
unless--
(A) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan developed
by such activity or function; and
(B) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
executive agency by an amount that equals or exceeds the
lesser of--
(i) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list
established pursuant to section 2 of the Javits-
Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to performance
by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely
handicapped individuals in accordance with that
Act;
(D) depot contracts or contracts for depot
maintenance as provided in sections 2469 and 2474 of
title 10, United States Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the
date of enactment of this Act.
(b) <<NOTE: Contracts. Procedures.>> Use of Public-Private
Competition.--Nothing in Office of Management and Budget Circular A-76
shall prevent the head of an executive agency from conducting a public-
private competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in appropriate
instances. The Circular shall provide procedures and policies for these
competitions that are similar to those applied to competitions that may
result in the conversion of work from performance by Federal employees
to performance by a contractor.
Sec. 843. <<NOTE: Pay increase. Effective date. 5 USC 5303
note.>> (a) The adjustment in rates of basic pay for employees under the
statutory pay systems that takes effect in fiscal year 2006 under
sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 3.1 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2006.
[[Page 119 STAT. 2507]]
(b) Notwithstanding section 813 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2006 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2006.
Sec. 844. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 845. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) or of section 552.224 of title 48
of the Code of Federal Regulations.
Sec. 846. <<NOTE: 5 USC 5701 note.>> Each executive department and
agency shall evaluate the creditworthiness of an individual before
issuing the individual a government travel charge card. The department
or agency may not issue a government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided, That this
restriction shall not preclude issuance of a restricted-use charge,
debit, or stored value card made in accordance with agency procedures
to: (1) an individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines there is
no suitable alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit
history. <<NOTE: Guidelines. Procedures.>> Each executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
Sec. 847. <<NOTE: 1 USC 1 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in this division
shall be treated as referring only to the provisions of this division.
This division may be cited as the ``Transportation, Treasury,
Housing and Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006''.
[[Page 119 STAT. 2508]]
DIVISION <<NOTE: District of Columbia Appropriations Act, 2006.>> B--
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia and
related agencies for the fiscal year ending September 30, 2006, and for
other purposes, namely:
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$33,200,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support
Program: <<NOTE: Reports.>> Provided further, That the Office of the
Chief Financial Officer shall provide a quarterly financial report to
the Committees on Appropriations of the House of Representatives and
Senate for these funds showing, by object class, the expenditures made
and the purpose therefor: Provided further, That not more than
$1,200,000 of the total amount appropriated for this program may be used
for administrative expenses.
federal payment for emergency planning and security costs in the
district of columbia
For necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $13,500,000, to remain available
until expended, to reimburse the District of Columbia for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions:
Provided, That any amount provided under this heading shall be available
only after such amount has been apportioned pursuant to chapter 15 of
title 31, United States Code.
[[Page 119 STAT. 2509]]
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$218,912,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $9,198,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $41,643,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $80,729,000, to
remain available until September 30, 2007, for capital improvements for
District of Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract or related
contracts for development and construction of facilities may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided further,
That funds made available for capital improvements shall be expended
consistent with the General Services Administration master plan study
and building evaluation report: <<NOTE: Contracts. Reports.>> Provided
further, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies,
with payroll and financial services to be provided on a contractual
basis with the General Services Administration (GSA), and such services
shall include the preparation of monthly financial reports, copies of
which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and Senate,
the Committee on Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the
Senate: <<NOTE: Deadline. Notification.>> Provided further, That 30 days
after providing written notice to the Committees on Appropriations of
the House of Representatives and Senate, the District of Columbia Courts
may reallocate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under this heading for
operations, and not more than 4 percent of the funds provided under this
heading for facilities.
defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$44,000,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
[[Page 119 STAT. 2510]]
District of Columbia Courts'' (other than the $80,729,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia may use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$80,729,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: <<NOTE: Contracts. Reports.>> Provided further,
That notwithstanding any other provision of law, this appropriation
shall be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on Governmental
Affairs of the Senate.
federal payment to the court services and offender supervision agency
for the district of columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia and the Public Defender Service for the District of
Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $201,388,000, of which not to exceed
$2,000 is for official receptions and representation expenses related to
Community Supervision and Pretrial Services Agency programs; of which
not to exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision Agency
Interstate Supervision Act of 2002; of which $129,360,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or related
to such persons; of which $42,195,000 shall be available to the Pretrial
Services Agency; and of which $29,833,000 shall be transferred to the
Public Defender Service for the District of Columbia: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That the Director is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants:
Provided further, <<NOTE: Records. Public information.>> That
[[Page 119 STAT. 2511]]
the Director shall keep accurate and detailed records of the acceptance
and use of any gift or donation under the previous proviso, and shall
make such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the D.C.
Government for space and services provided on a cost reimbursable basis:
Provided further, That for this fiscal year and subsequent fiscal years,
the Public Defender Service is authorized to charge fees to cover costs
of materials distributed and training provided to attendees of
educational events, including conferences, sponsored by the Public
Defender Service, and notwithstanding section 3302 of title 31, United
States Code, said fees shall be credited to the Public Defender Service
account to be available for use without further appropriation.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $7,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment for the anacostia waterfront initiative
For a Federal payment to the District of Columbia Department of
Transportation, $3,000,000, to remain available until September 30,
2007, for design and construction of a continuous pedestrian and bicycle
trail system from the Potomac River to the District's border with
Maryland.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for transportation assistance
For a Federal payment to the District of Columbia Department of
Transportation, $1,000,000, to operate a downtown circulator transit
system.
federal payment for foster care improvements in the district of columbia
For the Federal payment to the District of Columbia for foster care
improvements, $2,000,000 to remain available until expended: Provided,
That $1,750,000 shall be for the Child and Family Services Agency, of
which $1,000,000 shall be for a loan repayment program for social
workers; of which $750,000 shall be for post-adoption services: Provided
further, That $250,000 shall be for the Washington Metropolitan Council
of Governments, to continue a program in conjunction with the Foster and
Adoptive Parents Advocacy Center, to provide respite care for and
recruitment of foster parents: Provided further, That these Federal
funds shall
[[Page 119 STAT. 2512]]
supplement and not supplant local funds for the purposes described under
this heading.
federal payment to the office of the chief financial officer of the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $29,200,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
Statement of the Managers on the conference report accompanying this
Act: <<NOTE: Reports. Deadlines.>> Provided further, That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer of the District of Columbia (CFO) a report
on the activities to be carried out with such funds no later than March
15, 2006, and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate no later than June 1, 2006.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $40,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30, 2007; for
the Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments.
federal payment for bioterrorism and forensics laboratory
For a Federal payment to the District of Columbia, $5,000,000, to
remain available until September 30, 2007, for costs associated with the
construction of a bioterrorism and forensics laboratory: Provided, That
the District of Columbia shall provide an additional $1,500,000 with
local funds as a condition of receiving this payment.
federal payment for the national guard youth challenge program
For a Federal payment for the District of Columbia National Guard
Youth Challenge program, $500,000: Provided, That the amount
appropriated by this heading shall be transferred to the Secretary of
Defense and made available to the Commanding General of the District of
Columbia National Guard for activities under the National Guard Youth
Challenge Program under section 509 of title 32, United States Code, and
shall be in addition to any matching funds otherwise required of the
District of Columbia for that Program in fiscal year 2006 under
subsection (d)(4) of such section.
federal payment for marriage development and improvement
For a Federal payment for marriage development and improvement in
the District of Columbia, $3,000,000, to remain available
[[Page 119 STAT. 2513]]
until expended: Provided, That $1,500,000 shall be for the Capital Area
Asset Building Corporation for the establishment of marriage development
accounts in accordance with the requirements in the accompanying report,
of which $400,000 shall be for program planning, marketing, evaluation,
and account administration: Provided further, That $1,500,000 shall be
for mentoring, counseling, community outreach, and training and
technical assistance, of which $850,000 shall be for the National Center
for Fathering and $650,000 shall be for the East Capitol Center for
Change to carry out these
activities: <<NOTE: Deadline. Reports.>> Provided further, That within
30 days of enactment of this Act, the entities receiving funds under
this title shall submit to the Committees on Appropriations of the House
and Senate, a detailed expenditure plan and program requirements that
comport with the guidance in the accompanying report.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (D.C. Official
Code, section 1-204.50a) and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2006 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $8,700,158,000 (of which $5,007,344,000 shall be
from local funds, $1,921,287,000 shall be from Federal grant funds,
$1,754,399,000 shall be from other funds, and $17,129,000 shall be from
private funds), in addition, $163,116,000 from funds previously
appropriated in this Act as Federal payments: Provided further, That of
the local funds, $466,894,000 shall be derived from the District's
general fund balance: Provided further, That of these funds the
District's intradistrict authority shall be $468,486,000: in addition
for capital construction projects there is appropriated an increase of
$2,820,637,000, of which $1,072,671,000 shall be from local funds,
$49,551,000 from Highway Trust funds, $172,183,000 from the Local Street
Maintenance fund, $378,000,000 from securitization of future revenue
streams, $400,000,000 from Certificates of Participation financing,
$534,800,000 from financing for construction of a baseball stadium,
$213,432,000 from Federal grant funds, and a rescission of $295,032,000
from local funds appropriated under this heading in prior fiscal years,
for a net amount of $2,525,605,000, to remain available until expended:
Provided further, That the amounts provided under this heading are to be
allocated and expended as proposed under ``Title II--District of
Columbia Funds'' of the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to the Congress of the United States by the District of
Columbia on June 6, 2005: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local District law
and shall comply with all reserve requirements contained in the District
of Columbia Home Rule Act as amended by this Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that
[[Page 119 STAT. 2514]]
the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2006, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
General Provisions
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor, or, in the case of the Council of the District of Columbia, funds
may be expended with the authorization of the Chairman of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 104. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) <<NOTE: Statehood.>> statehood for the District of
Columbia or voting representation in Congress for the District
of Columbia.
(c) Nothing in this section may be construed to prohibit any elected
official from advocating with respect to any of the issues referred to
in subsection (b).
Sec. 105. (a) None of the funds provided under this title to the
agencies funded by this title, both Federal and District government
agencies, 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 title, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
[[Page 119 STAT. 2515]]
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Notification. Deadline.>> increases by 20
percent or more personnel assigned to a specific program,
project or responsibility center,
unless the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the
reprogramming.
(b) None the local funds contained in this Act may be available for
obligation or expenditure for an agency through a transfer of any local
funds in excess of $3,000,000 from one appropriation heading to another
unless the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the transfer,
except that in no event may the amount of any funds transferred exceed 4
percent of the local funds in the appropriations.
Sec. 106. <<NOTE: Applicability.>> Consistent with the provisions of
section 1301(a) of title 31, United States Code, appropriations under
this Act shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 107. <<NOTE: Applicability.>> Notwithstanding any other
provisions of law, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official
Code, section 1-601.01 et seq.), enacted pursuant to section 422(3) of
the District of Columbia Home Rule Act (D.C. Official Code, section 1-
204l.22(3)), shall apply with respect to the compensation of District of
Columbia employees. For pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of title 5,
United States Code.
Sec. 108. <<NOTE: Deadline. Estimates.>> No later than 30 days after
the end of the first quarter of fiscal year 2006, the Mayor of the
District of Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2006 revenue estimates as
of the end of such quarter. These estimates shall be used in the budget
request for fiscal year 2007. The officially revised estimates at
midyear shall be used for the midyear report.
Sec. 109. <<NOTE: Contracts. Certification.>> No sole source
contract with the District of Columbia government or any agency thereof
may be renewed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, section 2-303.03), except that the District of Columbia
government or any agency thereof may renew or extend sole source
contracts for which competition is not feasible or practical, but only
if the determination as to whether to invoke the competitive bidding
process has been made in accordance with duly promulgated rules and
procedures and has been reviewed and certified by the Chief Financial
Officer of the District of Columbia.
Sec. 110. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, section 1-123).
Sec. 111. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits
[[Page 119 STAT. 2516]]
Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, section 32-
701 et seq.) or to otherwise implement or enforce any system of
registration of unmarried, cohabiting couples, including but not limited
to registration for the purpose of extending employment, health, or
governmental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
Sec. 112. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and other
grants received by the District government that are not reflected in the
amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated, or
expended pursuant to subsection (a) until--
(A) <<NOTE: Reports.>> the Chief Financial Officer of the
District of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) <<NOTE: Notices. Deadlines.>> For purposes of paragraph (1)(B),
the Council shall be deemed to have reviewed and approved the
obligation, and expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia may
adjust the budget for Federal, private, and other grants received by the
District government reflected in the amounts appropriated in this title,
or approved and received under subsection (b)(2) to reflect a change in
the actual amount of the grant.
(e) <<NOTE: Reports.>> The Chief Financial Officer of the District
of Columbia shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants subject to
this section. <<NOTE: Deadline.>> Each such report shall be submitted to
the Council of the District of Columbia and to the Committees on
Appropriations of the House of Representatives and Senate not later than
15 days after the end of the quarter covered by the report.
Sec. 113. (a) Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace, except in the case of--
[[Page 119 STAT. 2517]]
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the
District of Columbia shall submit by March 1, 2006, an inventory, as of
September 30, 2005, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the year
and make of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and maintenance costs;
current mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or employee's
title and resident location.
Sec. 114. <<NOTE: Audits.>> None of the funds contained in this Act
may be used for purposes of the annual independent audit of the District
of Columbia government for fiscal year 2006 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Official Code, section 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making the
appropriations for the year and its legislative history.
Sec. 115. <<NOTE: Voting rights.>> (a) None of the funds contained
in this Act may be used by the District of Columbia Corporation Counsel
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to require
Congress to provide for voting representation in Congress for the
District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 116. <<NOTE: Hypodermic needle exchange.>> (a) None of the
funds contained in this Act may be used for any program of distributing
sterile needles or syringes for the hypodermic injection of any illegal
drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 117. <<NOTE: Expiration date.>> None of the funds contained in
this Act may be used after the expiration of the 60-day period that
begins on the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of Columbia
government (including any independent agency of the District of
Columbia) who has not filed a certification with the Mayor and the Chief
[[Page 119 STAT. 2518]]
Financial Officer of the District of Columbia that the officer
understands the duties and restrictions applicable to the officer and
the officer's agency as a result of this Act (and the amendments made by
this Act), including any duty to prepare a report requested either in
the Act or in any of the reports accompanying the Act and the deadline
by which each report must be
submitted: <<NOTE: Deadlines. Records.>> Provided, That the Chief
Financial Officer of the District of Columbia shall provide to the
Committees on Appropriations of the House of Representatives and Senate
by April 1, 2006 and October 1, 2006, a summary list showing each
report, the due date, and the date submitted to the Committees.
Sec. 118. <<NOTE: Contraceptives.>> Nothing in this Act may be
construed to prevent the Council or Mayor of the District of Columbia
from addressing the issue of the provision of contraceptive coverage by
health insurance plans, but it is the intent of Congress that any
legislation enacted on such issue should include a ``conscience clause''
which provides exceptions for religious beliefs and moral convictions.
Sec. 119. <<NOTE: Reports.>> The Mayor of the District of Columbia
shall submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of
the Senate quarterly reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house residents
to reduce the number of escapes to be provided in consultation
with the Court Services and Offender Supervision Agency for the
District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District failed
to spend the amounts received; and
(7) indicators of child well-being.
Sec. 120. <<NOTE: Deadline.>> (a) No later than 30 calendar days
after the date of the enactment of this Act, the Chief Financial Officer
of the District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code,
section 1-204.42), for all agencies of the District of Columbia
government for fiscal year 2006 that is in the total amount of the
approved appropriation and that realigns
[[Page 119 STAT. 2519]]
all budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
(b) <<NOTE: Applicability. Certification.>> This section shall apply
only to an agency where the Chief Financial Officer of the District of
Columbia certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 121. Notwithstanding any other law, in fiscal year 2006 and in
each subsequent fiscal year, the District of Columbia Courts shall
transfer to the general treasury of the District of Columbia all fines
levied and collected by the Courts under section 10(b)(1) and (2) of the
District of Columbia Traffic Act (D.C. Official Code, section 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby
made available and shall remain available until expended and shall be
used by the Office of the Attorney General of the District of Columbia
for enforcement and prosecution of District traffic alcohol laws in
accordance with section 10(b)(3) of the District of Columbia Traffic Act
(D.C. Official Code, section 50-2201.05(b)(3)).
Sec. 122. (a) None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against the
District of Columbia Public Schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of
$4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a
pecuniary interest, either through an attorney, officer, or
employee of the firm, in any special education diagnostic
services, schools, or other special education service providers.
(b) In this section, the term ``action'' includes an administrative
proceeding and any ensuing or related proceedings before a court of
competent jurisdiction.
Sec. 123. <<NOTE: Certification.>> The Chief Financial Officer of
the District of Columbia shall require attorneys in special education
cases brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that the
attorney or representative rendered any and all services for which they
receive awards, including those received under a settlement agreement or
as part of an administrative proceeding, under the IDEA from the
District of Columbia. As part of the certification, the Chief Financial
Officer of the District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal, memberships on boards
of directors, or other relationships with any special education
diagnostic services, schools, or other special education service
providers to which the attorneys have referred any clients as part of
this certification. <<NOTE: Reports.>> The Chief Financial Officer shall
prepare and submit quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the certification of and
the amount paid by the government of the District of Columbia, including
the District of Columbia Public Schools, to attorneys in cases brought
under IDEA. The Inspector General of the District of Columbia may
conduct investigations to determine the accuracy of the certifications.
Sec. 124. The amount appropriated by this Act may be increased by no
more than $42,000,000 from funds identified in the comprehensive annual
financial report as the District's fiscal
[[Page 119 STAT. 2520]]
year 2005 unexpended general fund surplus. The District may obligate and
expend these amounts only in accordance with the following conditions:
(1) <<NOTE: Certification.>> The Chief Financial Officer of
the District of Columbia shall certify that the use of any such
amounts is not anticipated to have a negative impact on the
District's long-term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) <<NOTE: Notification. Deadline.>> The amounts may not be
obligated or expended unless the Mayor notifies the Committees
on Appropriations of the House of Representatives and Senate not
fewer than 30 days in advance of the obligation or expenditure.
Sec. 125. (a) The fourth proviso in the item relating to ``Federal
Payment for School Improvement'' in the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is
amended--
(1) by striking ``$4,000,000'' and inserting ``$4,000,000,
to remain available until expended,''; and
(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
(b) <<NOTE: Effective date.>> The amendments made by subsection (a)
shall take effect as if included in the enactment of the District of
Columbia Appropriations Act, 2005.
Sec. 126. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia on June
6, 2005; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase in
the amount of funds authorized under this section only in accordance
with the following conditions:
(1) <<NOTE: Certification.>> The Chief Financial Officer of
the District of Columbia shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial,
fiscal, or economic health of the District.
[[Page 119 STAT. 2521]]
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) <<NOTE: Notification. Deadline.>> The amounts may not be
obligated or expended unless the Mayor has notified the
Committees on Appropriations of the House of Representatives and
Senate not fewer than 30 days in advance of the obligation or
expenditure.
Sec. 127. The Chief Financial Officer for the District of Columbia
may, for the purpose of cash flow management, conduct short-term
borrowing from the emergency reserve fund and from the contingency
reserve fund established under section 450A of the District of Columbia
Home Rule Act (Public Law 98-198): Provided, That the amount borrowed
shall not exceed 50 percent of the total amount of funds contained in
both the emergency and contingency reserve funds at the time of
borrowing: Provided further, That the borrowing shall not deplete either
fund by more than 50 percent: Provided further, That 100 percent of the
funds borrowed shall be replenished within 9 months of the time of the
borrowing or by the end of the fiscal year, whichever occurs earlier:
Provided further, That in the event that short-term borrowing has been
conducted and the emergency or the contingency funds are later depleted
below 50 percent as a result of an emergency or contingency, an amount
equal to the amount necessary to restore reserve levels to 50 percent of
the total amount of funds contained in both the emergency and
contingency reserve fund must be replenished from the amount borrowed
within 60 days.
Sec. 128. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
contained in this Act may be used to enact or carry out any law, rule,
or regulation to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I substance under
the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) <<NOTE: Marijuana.>> The Legalization of Marijuana for Medical
Treatment Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998, shall not
take effect.
Sec. 129. <<NOTE: Abortions.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 130. Section 7 of the District of Columbia Stadium Act of 1957
(Public Law 85-300, 71 Stat. 619), as amended, is further amended by
inserting after paragraph (d)(4) the following:
``(e)(1) Upon receipt of a written description from the District of
Columbia of not more than 15 contiguous acres (hereinafter referred to
as `the 15 acres'), within the area designated `D' on the revised map
entitled `Map to Designate Transfer of Stadium and Lease of Parking Lots
to the District' and bound by 21st Street, NE, Oklahoma Avenue, NE,
Benning Road, NE, the Metro line, and C Street, NE, and execution of a
long-term lease by the Mayor of the District of Columbia that is
contingent upon the Secretary's conveyance of the 15 acres and for the
purpose consistent with this paragraph, the Secretary shall convey the
15
[[Page 119 STAT. 2522]]
acres described land to the District of Columbia for the purpose of
siting, developing, and operating an educational institution for the
public welfare, with first preference given to a pre-collegiate public
boarding school.
``(2) Upon conveyance, the portion of the stadium lease that affects
the 15 acres on the property and all the conditions associated therewith
shall terminate, and the 15 acres property shall be removed from the
`Map to Designate Transfer of Stadium and Lease of Parking Lots to the
District', and the long-term lease described in paragraph (1) shall take
effect immediately. The Mayor of the District of Columbia shall execute
and deliver a quitclaim deed to effectuate the District's
responsibilities under this section.''.
Sec. 131. <<NOTE: Termination date.>> The authority that the Chief
Financial Officer of the District of Columbia exercised with respect to
personnel and the preparation of fiscal impact statements during a
control period (as defined in Public Law 104-8) shall remain in effect
until September 30, 2006.
Sec. 132. <<NOTE: Contracts.>> The entire process used by the Chief
Financial Officer to acquire any and all kinds of goods, works and
services by any contractual means, including but not limited to
purchase, lease or rental, shall be exempt from all of the provisions of
the District of Columbia's Procurement Practices Act: <<NOTE: Effective
date. Termination date.>> Provided, That provisions made by this
subsection shall take effect as if enacted in D.C. Law 11-259 and shall
remain in effect until September 30, 2006.
Sec. 133. <<NOTE: Enactment.>> Section 4013 of the Uniform Per
Student Funding Formula for Public Schools and Public Charter Schools
Amendment Act of 2005, passed on first reading on May 10, 2005
(engrossed version of Bill 16-200), is hereby enacted into law.
Sec. 134. The Chief Financial Officer of the District is hereby
authorized to transfer $5,000,000 from the local funds appropriated for
the Deputy Mayor for Economic Development to the Anacostia Waterfront
Corporation and to reallocate the appropriation authority for such funds
to a heading to be entitled ``Anacostia Waterfront Corporation'' in
addition, an amount of $3,200,000 is hereby appropriated from the local
funds made available to the Anacostia Waterfront Corporation in fiscal
year 2005. Provided, That all of the funds made available herein to the
Anacostia Waterfront Corporation shall remain available until expended.
Sec. 135. Amounts appropriated in the Act for the Department of
Health may be increased by $250,000 in local funds to remain available
until expended to conduct a health study in Spring Valley.
Sec. 136. <<NOTE: Effective date.>> Notwithstanding section
602(c)(1) of the District of Columbia Home Rule Act, amendments to the
Ballpark Technical Amendments Act of 2005 and the Ballpark Fee Rebate
Act of 2005 shall take effect on the date of the enactment by the
District of Columbia.
Sec. 137. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
This division may be cited as the ``District of Columbia
Appropriations Act, 2006''.
[[Page 119 STAT. 2523]]
This Act (including divisions A and B) may be cited as the
``Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006''.
Approved November 30, 2005.
LEGISLATIVE HISTORY--H.R. 3058 (S. 1446):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 109-153 (Comm. on Appropriations) and 109-307
(Comm. of Conference).
SENATE REPORTS: Nos. 109-106 accompanying S. 1446 and 109-109 (both from
Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 29, 30, considered and passed House.
Oct. 17-20, considered and passed Senate, amended.
Nov. 18, House agreed to conference report.
Nov. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 30, Presidential statement.
<all>