In the Senate of the United States,

September 15, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2862) entitled ‘‘An Act making appropriations for

Science, the Departments of State, Justice, and Commerce,

and related agencies for the fiscal year ending September 30,

2006, and for other purposes.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2006, and for other pur4 poses, namely:
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1 TITLE I—DEPARTMENT OF JUSTICE

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the

5 Department of Justice, $116,936,000, of which not to exceed

6 $3,317,000 is for the Facilities Program 2000, to remain

7 available until expended: Provided, That not to exceed 45

8 permanent positions and 46 full-time equivalent workyears

9 and $11,821,000 shall be expended for the Department

10 Leadership Program exclusive of augmentation that oc11 curred in these offices in fiscal year 2005: Provided further,

12 That not to exceed 24 permanent positions, 19 full-time

13 equivalent workyears and $2,980,000 shall be expended for

14 the Office of Legislative Affairs: Provided further, That not

15 to exceed 17 permanent positions, 22 full-time equivalent

16 workyears and $2,470,000 shall be expended for the Office

17 of Public Affairs: Provided further, That the Offices of Leg18 islative Affairs and Public Affairs may utilize, on a non19 reimbursable basis details of career employees within the

20 ceilings provided for the Office of Legislative Affairs and

21 the Office of Public Affairs: Provided further, That not less

22 than $500,000 shall be used to contract with an inde23 pendent party to carry out a privacy assessment.

24 JUSTICE INFORMATION SHARING TECHNOLOGY

25 For necessary expenses for information sharing tech26 nology, including planning, development, deployment and
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1 Departmental direction, $135,000,000, to remain available

2 until expended: Provided, That, of the funds available

3 $10,000,000 is for the unified financial management system

4 to be administered by the United Financial Management

5 System Executive Council: Provided further, That of the

6 funds provided, $20,000,000 is unavailable for obligation

7 until the Department Chief Information Officer submits the

8 plan described in section 111 of this title.

9 NARROWBAND COMMUNICATIONS

10 For necessary expenses for the costs of conversion to

11 narrowband communications, including the cost for oper12 ations and maintenance of Land Mobile Radio legacy sys13 tems, $90,000,000, to remain available until September 30,

14 2007: Provided, That the Attorney General shall transfer

15 to the ‘‘Narrowband Communications’’ account all funds

16 made available to the Department of Justice for the pur17 chase of portable and mobile radios: Provided further, That

18 any transfer made into or out of this account shall be sub19 ject to section 505 of this Act.

20 ADMINISTRATIVE REVIEW AND APPEALS

21 For expenses necessary for the administration of par22 don and clemency petitions and immigration-related activi23 ties, $216,286,000.

24 DETENTION TRUSTEE

25 For necessary expenses of the Federal Detention Trust26 ee, $1,222,000,000, to remain available until expended: Pro-
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1 vided, That the Trustee shall be responsible for managing

2 the Justice Prisoner and Alien Transportation System and

3 for overseeing housing related to such detention: Provided

4 further, That any unobligated balances available in prior

5 years from the funds appropriated under the heading ‘‘Fed6 eral Prisoner Detention’’ shall be transferred to and merged

7 with the appropriation under the heading ‘‘Detention

8 Trustee’’ and shall be available until expended.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector Gen11 eral, $70,431,000, including not to exceed $10,000 to meet

12 unforeseen emergencies of a confidential character.

13 UNITED STATES PAROLE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Parole

16 Commission as authorized by law, $11,000,000.

17 LEGAL ACTIVITIES

18 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary for the legal activities of the

21 Department of Justice, not otherwise provided for, includ22 ing not to exceed $20,000 for expenses of collecting evidence,

23 to be expended under the direction of, and to be accounted

24 for solely under the certificate of, the Attorney General; and

25 rent of private or Government-owned space in the District

26 of Columbia, $648,245,000, of which not to exceed
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1 $10,000,000 for litigation support contracts shall remain

2 available until expended: Provided, That of the total

3 amount appropriated, not to exceed $1,000 shall be avail4 able to the United States National Central Bureau,

5 INTERPOL, for official reception and representation ex6 penses: Provided further, That notwithstanding any other

7 provision of law, upon a determination by the Attorney

8 General that emergent circumstances require additional

9 funding for litigation activities of the Civil Division, the

10 Attorney General may transfer such amounts to ‘‘Salaries

11 and Expenses, General Legal Activities’’ from available ap12 propriations for the current fiscal year for the Department

13 of Justice, as may be necessary to respond to such cir14 cumstances: Provided further, That any transfer pursuant

15 to the previous proviso shall be treated as a reprogramming

16 under section 505 of this Act and shall not be available for

17 obligation or expenditure except in compliance with the

18 procedures set forth in that section.

19 In addition, for reimbursement of expenses of the De20 partment of Justice associated with processing cases under

21 the National Childhood Vaccine Injury Act of 1986, not to

22 exceed $6,333,000, to be appropriated from the Vaccine In23 jury Compensation Trust Fund.

24 SALARIES AND EXPENSES, ANTITRUST DIVISION

25 For expenses necessary for the enforcement of antitrust

26 and kindred laws, $144,451,000, to remain available until
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1 expended: Provided, That, notwithstanding any other provi2 sion of law, not to exceed $116,000,000 of offsetting collec3 tions derived from fees collected for premerger notification

4 filings under the Hart-Scott-Rodino Antitrust Improve5 ments Act of 1976 (15 U.S.C. 18a), regardless of the year

6 of collection, shall be retained and used for necessary ex7 penses in this appropriation, and shall remain available

8 until expended: Provided further, That the sum herein ap9 propriated from the general fund shall be reduced as such

10 offsetting collections are received during fiscal year 2006,

11 so as to result in a final fiscal year 2006 appropriation

12 from the general fund estimated at not more than

13 $28,451,000.

14 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

15 For necessary expenses of the Offices of the United

16 States Attorneys, including inter-governmental and cooper17 ative agreements, $1,572,654,000; of which not to exceed

18 $2,500,000 shall be available until September 30, 2007, for:

19 (1) training personnel in debt collection; (2) locating debt20 ors and their property; (3) paying the net costs of selling

21 property; and (4) tracking debts owed to the United States

22 Government: Provided, That of the total amount appro23 priated, not to exceed $8,000 shall be available for official

24 reception and representation expenses: Provided further,

25 That not to exceed $20,000,000 shall remain available until

26 expended: Provided further, That not to exceed $2,500,000
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1 for the operation of the National Advocacy Center shall re2 main available until expended: Provided further, That, in

3 addition to reimbursable full-time equivalent workyears

4 available to the Offices of the United States Attorneys, not

5 to exceed 10,465 positions and 10,451 full-time equivalent

6 workyears shall be supported from the funds appropriated

7 in this Act for the United States Attorneys: Provided fur8 ther, That of the funds made available under this heading,

9 $1,500,000 shall only be available to continue ‘‘Operation

10 Streetsweeper’’.

11 UNITED STATES TRUSTEE SYSTEM FUND

12 For necessary expenses of the United States Trustee

13 Program, as authorized, $214,402,000, to remain available

14 until expended and to be derived from the United States

15 Trustee System Fund: Provided, That, notwithstanding any

16 other provision of law, deposits to the Fund shall be avail17 able in such amounts as may be necessary to pay refunds

18 due depositors: Provided further, That, notwithstanding

19 any other provision of law, $214,402,000 of offsetting collec20 tions pursuant to 28 U.S.C. 589a(b) shall be retained and

21 used for necessary expenses in this appropriation and re22 main available until expended: Provided further, That the

23 sum herein appropriated from the Fund shall be reduced

24 as such offsetting collections are received during fiscal year

25 2006, so as to result in a final fiscal year 2006 appropria26 tion from the Fund estimated at $0.
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1 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

2 COMMISSION

3 For expenses necessary to carry out the activities of

4 the Foreign Claims Settlement Commission, including serv5 ices as authorized by 5 U.S.C. 3109, $1,270,000.

6 UNITED STATES MARSHALS SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Marshals

9 Service, $764,199,000; of which not to exceed $6,000 shall

10 be available for official reception and representation ex11 penses; of which $4,000,000 for information technology sys12 tems shall remain available until expended; and of which

13 not less than $13,130,000 shall be available for the costs

14 of courthouse security equipment, including furnishings, re15 locations, and telephone systems and cabling, and shall re16 main available until September 30, 2007: Provided, That

17 beginning in fiscal year 2007 and for each fiscal year there18 after, the Attorney General shall include in the budget jus19 tification materials that the Attorney General submits to

20 Congress in support of the Department of Justice budget

21 (as submitted with the budget of the President under section

22 1105(a) of title 31, 10 United States Code) an estimate for

23 each United States Marshals Service courthouse security

24 project and an estimate of the budgetary requirements for

25 each such project for each of the five subsequent fiscal years:
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1 Provided further, That, in addition to reimbursable full2 time equivalent workyears available to the United States

3 Marshals Service, not to exceed 4,657 positions and 4,515

4 full-time equivalent workyears shall be supported from the

5 funds appropriated in this Act for the United States Mar6 shals Service.

7 CONSTRUCTION

8 For construction in space controlled, occupied or uti9 lized by the United States Marshals Service in United

10 States courthouses and Federal buildings, $12,000,000, to

11 remain available until expended: Provided, That beginning

12 in fiscal year 2007 and for each fiscal year thereafter, the

13 Attorney General shall include in the budget justification

14 materials that the Attorney General submits to Congress in

15 support of the Department of Justice budget (as submitted

16 with the budget of the President under section 1105(a) of

17 title 31, 10 United States Code) an estimate for each con18 struction project of United States Marshals Service in

19 United States courthouses and Federal buildings and an

20 estimate of the budgetary requirements for each such project

21 for each of the five subsequent fiscal years.

22 FEES AND EXPENSES OF WITNESSES

23 For fees and expenses of witnesses, for expenses of con24 tracts for the procurement and supervision of expert wit25 nesses, for private counsel expenses, including advances,

26 $168,000,000, to remain available until expended: Pro-
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1 vided, That not to exceed $8,000,000 may be made available

2 for construction of buildings for protected witness safesites:

3 Provided further, That not to exceed $1,000,000 may be

4 made available for the purchase and maintenance of ar5 mored vehicles for transportation of protected witnesses;

6 and of which not to exceed $7,000,000 may be made avail7 able for the purchase, installation, and maintenance and

8 upgrade of secure telecommunications equipment and a se9 cure automated information network to store and retrieve

10 the identities and locations of protected witnesses.

11 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

12 For the necessary expenses of the Community Rela13 tions Service, $9,659,000: Provided, That notwithstanding

14 any other provision of law, upon a determination by the

15 Attorney General that emergent circumstances require addi16 tional funding for conflict resolution and violence preven17 tion activities of the Community Relations Service, the At18 torney General may transfer such amounts to the Commu19 nity Relations Service, from available appropriations for

20 the current fiscal year for the Department of Justice, as

21 may be necessary to respond to such circumstances: Pro22 vided further, That any transfer pursuant to the previous

23 proviso shall be treated as a reprogramming under section

24 505 of this Act and shall not be available for obligation

25 or expenditure except in compliance with the procedures set

26 forth in that section.
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1 ASSETS FORFEITURE FUND

2 For expenses authorized by 28 U.S.C. 524(c)(1)(B),

3 (F), and (G), $21,468,000, to be derived from the Depart4 ment of Justice Assets Forfeiture Fund.

5 INTERAGENCY LAW ENFORCEMENT

6 INTERAGENCY CRIME AND DRUG ENFORCEMENT

7 For necessary expenses for the identification, inves8 tigation, and prosecution of individuals associated with the

9 most significant drug trafficking and affiliated money

10 laundering organizations not otherwise provided for, to in11 clude intergovernmental agreements with State and local

12 law enforcement agencies engaged in the investigation and

13 prosecution of individuals involved in organized crime drug

14 trafficking, $440,197,000, of which $50,000,000 shall re15 main available until expended: Provided, That all funds

16 appropriated under this heading shall be managed and exe17 cuted by the Administrator of the Drug Enforcement Ad18 ministration and all employees of the Executive Office for

19 the Organized Crime and Drug Enforcement Task Forces

20 shall report directly to said Administrator within 60 days

21 of enactment of this Act: Provided further, That any

22 amounts obligated from appropriations under this heading

23 may be used under authorities available to the organiza24 tions reimbursed from this appropriation: Provided further,

25 That of the funds provided under this heading, $5,000,000
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1 may be expended for hiring officers in the Southwest United

2 States dedicated to the investigation of manufacturers of

3 fraudulent Federal identity documents, Federal travel docu4 ments, or documents allowing access to Federal programs:

5 Provided further, That any unobligated balances remaining

6 available at the end of the fiscal year shall be available to

7 the Administrator of the Drug Enforcement Administration

8 for reallocation among participating organizations in suc9 ceeding fiscal years, subject to the reprogramming proce10 dures set forth in section 505 of this Act.

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of Inves14 tigation for detection, investigation, and prosecution of

15 crimes against the United States; including purchase for

16 police-type use of not to exceed 3,868 passenger motor vehi17 cles, of which 3,039 will be for replacement only; and not

18 to exceed $70,000 to meet unforeseen emergencies of a con19 fidential character pursuant to 28 U.S.C. 530C,

20 $5,295,513,000; of which not to exceed $150,000,000 shall

21 remain available until expended; of which $1,600,000,000

22 shall be for counterterrorism investigations, foreign counter23 intelligence, and other activities related to our national se24 curity; of which $152,546,000 shall be for national security

25 infrastructure; of which not less than $1,200,000 shall be
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1 for the Federal Bureau of Investigation for processing of

2 background checks for petitions and applications pending

3 before U.S. Citizenship and Immigration Services; and of

4 which not to exceed $20,000,000 is authorized to be made

5 available for making advances for expenses arising out of

6 contractual or reimbursable agreements with State and

7 local law enforcement agencies while engaged in cooperative

8 activities related to violent crime, terrorism, organized

9 crime, cybercrime, and drug investigations: Provided, That

10 not to exceed $200,000 shall be available for official recep11 tion and representation expenses.

12 CONSTRUCTION

13 For necessary expenses to construct or acquire build14 ings and sites by purchase, or as otherwise authorized by

15 law (including equipment for such buildings); conversion

16 and extension of federally-owned buildings; and prelimi17 nary planning and design of projects; $25,213,000, to re18 main available until expended: Provided, That $15,108,000

19 shall be available for the planning, design, and construction

20 of a regional analytical training center in Redstone Arse21 nal: Provided further, That $5,000,000 shall be available

22 for a chemical and biological evidence handling and storage

23 facility to be co-located with comparable facilities in exist24 ence for sample, handling and receipt of hazardous material

25 by the Department of the Army.
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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant

6 to 28 U.S.C. 530C; expenses for conducting drug education

7 and training programs, including travel and related ex8 penses for participants in such programs and the distribu9 tion of items of token value that promote the goals of such

10 programs; and purchase of not to exceed 1,043 passenger

11 motor vehicles, of which 937 will be for replacement only,

12 for police-type use, $1,649,142,000; of which not to exceed

13 $75,000,000 shall remain available until expended; and of

14 which not to exceed $100,000 shall be available for official

15 reception and representation expenses: Provided, That, in

16 addition to reimbursable full-time equivalent workyears

17 available to the Drug Enforcement Administration, not to

18 exceed 8,371 positions and 8,270 full-time equivalent

19 workyears shall be supported from the funds appropriated

20 in this Act for the Drug Enforcement Administration.

21 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

22 EXPLOSIVES

23 SALARIES AND EXPENSES

24 For necessary expenses of the Bureau of Alcohol, To25 bacco, Firearms and Explosives, including the purchase of
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1 not to exceed 822 vehicles for police-type use, of which 650

2 shall be for replacement only; not to exceed $40,000 for offi3 cial reception and representation expenses; for training of

4 State and local law enforcement agencies with or without

5 reimbursement, including training in connection with the

6 training and acquisition of canines for explosives and fire

7 accelerants detection; and for provision of laboratory assist8 ance to State and local law enforcement agencies, with or

9 without reimbursement, $923,700,000, of which not to ex10 ceed $1,000,000 shall be available for the payment of attor11 neys’ fees as provided by 18 U.S.C. 924(d)(2); and of which

12 $10,000,000 shall remain available until expended: Pro13 vided, That no funds appropriated herein shall be available

14 for salaries or administrative expenses in connection with

15 consolidating or centralizing, within the Department of

16 Justice, the records, or any portion thereof, of acquisition

17 and disposition of firearms maintained by Federal firearms

18 licensees: Provided further, That no funds appropriated

19 herein shall be used to pay administrative expenses or the

20 compensation of any officer or employee of the United

21 States to implement an amendment or amendments to 27

22 CFR 178.118 or to change the definition of ‘‘Curios or rel23 ics’’ in 27 CFR 178.11 or remove any item from ATF Pub24 lication 5300.11 as it existed on January 1, 1994: Provided

25 further, That none of the funds appropriated herein shall
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1 be available to investigate or act upon applications for relief

2 from Federal firearms disabilities under 18 U.S.C. 925(c):

3 Provided further, That such funds shall be available to in4 vestigate and act upon applications filed by corporations

5 for relief from Federal firearms disabilities under section

6 925(c) of title 18, United States Code: Provided further,

7 That no funds made available by this or any other Act may

8 be used to transfer the functions, missions, or activities of

9 the Bureau of Alcohol, Tobacco, Firearms and Explosives

10 to other agencies or Departments in fiscal year 2006: Pro11 vided further, That no funds appropriated under this or

12 any other Act with respect to any fiscal year may be used

13 to disclose part or all of the contents of the Firearms Trace

14 System database maintained by the National Trace Center

15 of the Bureau of Alcohol, Tobacco, Firearms and Explosives

16 or any information required to be kept by licensees pursu17 ant to section 923(g) of title 18, United States Code, or re18 quired to be reported pursuant to paragraphs (3) and (7)

19 of such section 923(g), to anyone other than a Federal,

20 State, or local law enforcement agency or a prosecutor solely

21 in connection with and for use in a bona fide criminal in22 vestigation or prosecution and then only such information

23 as pertains to the geographic jurisdiction of the law enforce24 ment agency requesting the disclosure and not for use in

25 any civil action or proceeding other than an action or pro-
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1 ceeding commenced by the Bureau of Alcohol, Tobacco, Fire2 arms and Explosives, or a review of such an action or pro3 ceeding, to enforce the provisions of chapter 44 of such title,

4 and all such data shall be immune from legal process and

5 shall not be subject to subpoena or other discovery in any

6 civil action in a State or Federal court or in any adminis7 trative proceeding other than a proceeding commenced by

8 the Bureau of Alcohol, Tobacco, Firearms and Explosives

9 to enforce the provisions of that chapter, or a review of such

10 an action or proceeding; except that this proviso shall not

11 be construed to prevent the disclosure of statistical informa12 tion concerning total production, importation, and expor13 tation by each licensed importer (as defined in section

14 921(a)(9) of such title) and licensed manufacturer (as de15 fined in section 921(a)(10) of such title): Provided further,

16 That no funds made available by this or any other Act shall

17 be expended to promulgate or implement any rule requiring

18 a physical inventory of any business licensed under section

19 923 of title 18, United States Code: Provided further, That

20 no funds under this Act may be used to electronically re21 trieve information gathered pursuant to 18 U.S.C.

22 923(g)(4) by name or any personal identification code: Pro23 vided further, That no funds authorized or made available

24 under this or any other Act may be used to deny any appli25 cation for a license under section 923 of title 18, United
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1 States Code, or renewal of such a license due to a lack of

2 business activity, provided that the applicant is otherwise

3 eligible to receive such a license, and is eligible to report

4 business income or to claim an income tax deduction for

5 business expenses under the Internal Revenue Code of 1986:

6 Provided further, That of the amount provided under this

7 heading, $5,000,000, to remain available until expended,

8 shall be for the expenses necessary for site selection, architec9 tural design, site preparation and the development of a total

10 cost estimate for the construction of a permanent site for

11 the National Center for Explosives Training and Research:

12 Provided further, That any funds remaining shall be ap13 plied to the construction of the Center: Provided further,

14 That the Director of the ATF, when considering site selec15 tion shall consider a site collocated with other law enforce16 ment and Federal government entities that provide similar

17 training and research.

18 FEDERAL PRISON SYSTEM

19 SALARIES AND EXPENSES

20 For expenses necessary of the Federal Prison System

21 for the administration, operation, and maintenance of Fed22 eral penal and correctional institutions, including purchase

23 (not to exceed 768, of which 701 are for replacement only)

24 and hire of law enforcement and passenger motor vehicles,

25 and for the provision of technical assistance and advice on
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1 corrections related issues to foreign governments,

2 $4,889,649,000: Provided, That the Attorney General may

3 transfer to the Health Resources and Services Administra4 tion such amounts as may be necessary for direct expendi5 tures by that Administration for medical relief for inmates

6 of Federal penal and correctional institutions: Provided

7 further, That the Director of the Federal Prison System,

8 where necessary, may enter into contracts with a fiscal

9 agent/fiscal intermediary claims processor to determine the

10 amounts payable to persons who, on behalf of the Federal

11 Prison System, furnish health services to individuals com12 mitted to the custody of the Federal Prison System: Pro13 vided further, That not to exceed $6,000 shall be available

14 for official reception and representation expenses: Provided

15 further, That not to exceed $85,017,000 shall remain avail16 able for prison activations until September 30, 2007: Pro17 vided further, That, of the amounts provided for Contract

18 Confinement, not to exceed $20,000,000 shall remain avail19 able until expended to make payments in advance for

20 grants, contracts and reimbursable agreements, and other

21 expenses authorized by section 501(c) of the Refugee Edu22 cation Assistance Act of 1980, for the care and security in

23 the United States of Cuban and Haitian entrants: Provided

24 further, That the Director of the Federal Prison System

25 may accept donated property and services relating to the
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1 operation of the prison card program from a not-for-profit

2 entity which has operated such program in the past not3 withstanding the fact that such not-for-profit entity fur4 nishes services under contracts to the Federal Prison System

5 relating to the operation of pre-release services, halfway

6 houses or other custodial facilities.

7 BUILDINGS AND FACILITIES

8 For planning, acquisition of sites and construction of

9 new facilities; purchase and acquisition of facilities and re10 modeling, and equipping of such facilities for penal and

11 correctional use, including all necessary expenses incident

12 thereto, by contract or force account; and constructing, re13 modeling, and equipping necessary buildings and facilities

14 at existing penal and correctional institutions, including

15 all necessary expenses incident thereto, by contract or force

16 account, $222,112,000, to remain available until expended,

17 of which not to exceed $14,000,000 shall be available to con18 struct areas for inmate work programs, and of which

19 $5,000,000 should be for site planning and development of

20 a Federal Correctional Institution in the Mid-Atlantic re21 gion: Provided, That labor of United States prisoners may

22 be used for work performed under this appropriation.

23 FEDERAL PRISON INDUSTRIES, INCORPORATED

24 The Federal Prison Industries, Incorporated, is hereby

25 authorized to make such expenditures, within the limits of

26 funds and borrowing authority available, and in accord
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1 with the law, and to make such contracts and commitments,

2 without regard to fiscal year limitations as provided by sec3 tion 9104 of title 31, United States Code, as may be nec4 essary in carrying out the program set forth in the budget

5 for the current fiscal year for such corporation, including

6 purchase (not to exceed five for replacement only) and hire

7 of passenger motor vehicles.

8 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

9 PRISON INDUSTRIES, INCORPORATED

10 Not to exceed $3,365,000 of the funds of the corporation

11 shall be available for its administrative expenses, and for

12 services as authorized by 5 U.S.C. 3109, to be computed

13 on an accrual basis to be determined in accordance with

14 the corporation’s current prescribed accounting system, and

15 such amounts shall be exclusive of depreciation, payment

16 of claims, and expenditures which such accounting system

17 requires to be capitalized or charged to cost of commodities

18 acquired or produced, including selling and shipping ex19 penses, and expenses in connection with acquisition, con20 struction, operation, maintenance, improvement, protec21 tion, or disposition of facilities and other property belong22 ing to the corporation or in which it has an interest.
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1 OFFICE ON VIOLENCE AGAINST WOMEN

2 VIOLENCE AGAINST WOMEN PREVENTION AND

3 PROSECUTION PROGRAMS

4 For grants, contracts, cooperative agreements, and

5 other assistance for the prevention and prosecution of vio6 lence against women as authorized by the Omnibus Crime

7 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the

8 Violent Crime Control and Law Enforcement Act of 1994

9 (Public Law 103–322) (‘‘the 1994 Act’’); the Prosecutorial

10 Remedies and Other Tools to End the Exploitation of Chil11 dren Today Act of 2003 (Public Law 108–21); the Juvenile

12 Justice and Delinquency Prevention Act of 1974 (‘‘the 1974

13 Act’’); and the Victims of Trafficking and Violence Protec14 tion Act of 2000 (Public Law 106–386); $371,997,000, to

15 remain available until expended: Provided, That except as

16 otherwise provided by law, not to exceed three percent of

17 funds made available under this heading may be used for

18 expenses related to evaluation, training and technical as19 sistance: Provided further, That of the amounts provided—

20 (1) $187,308,000 for grants to combat violence

21 against women as authorized by part T of the 1968

22 Act, of which:

23 (A) $5,200,000 shall be for the National In24 stitute of Justice for research and evaluation of

25 violence against women;
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1 (B) $10,000,000 shall be for the Office of

2 Juvenile Justice and Delinquency Prevention for

3 the Safe Start Program, as authorized by the Ju4 venile Justice and Delinquency Act of 1974 Act;

5 and

6 (C) $15,000,000 shall be for transitional

7 housing assistance grants for victims of domestic

8 violence, stalking or sexual assault as authorized

9 by Public Law 108–21;

10 (2) $62,660,000 for grants to encourage arrest

11 policies as authorized by part U of the 1968 Act;

12 (3) $39,166,000 for rural domestic violence and

13 child abuse enforcement assistance grants, as author14 ized by section 40295(a) of the 1994 Act;

15 (4) $9,054,000 to reduce violent crimes against

16 women on campus, as authorized by section 1108(a)

17 of Public Law 106–386;

18 (5) $39,220,000 for legal assistance for victims,

19 as authorized by section 1201(c) of Public Law 106–

20 386;

21 (6) $4,540,000 for enhancing protection for older

22 and disabled women from domestic violence and sex23 ual assault, as authorized by section 40802 of the

24 1994 Act;
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1 (7) $13,894,000 for the safe havens for children

2 pilot program, as authorized by section 1301(a) of

3 Public Law 106–386;

4 (8) $7,155,000 for education and training to end

5 violence against and abuse of women with disabilities,

6 as authorized by section 1402(a) of Public Law 106–

7 386;

8 (9) $2,000,000 for the Rape Abuse and Incest

9 National Network (RAINN);

10 (10) $1,000,000 for nonprofit, nongovernmental

11 statewide coalitions serving sexual assault victims;

12 and

13 (11) $6,000,000 to be allocated, in consultation

14 with the Department of Health and Human Services,

15 to nonprofit, nongovernmental statewide domestic vio16 lence coalitions serving domestic violence programs.

17 OFFICE OF JUSTICE PROGRAMS

18 JUSTICE ASSISTANCE

19 For grants, contracts, cooperative agreements, and

20 other assistance authorized by title I of the Omnibus Crime

21 Control and Safe Streets Act of 1968, as amended, the Miss22 ing Children’s Assistance Act, as amended, including sala23 ries and expenses in connection therewith, the Victims of

24 Child Abuse Act of 1990 (‘‘the 1990 Act’’), the Prosecutorial

25 Remedies and Other Tools to end the Exploitation of Chil-
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1 dren Today Act of 2003 (Public Law 108–21), and with

2 the Victims of Crime Act of 1984, as amended,

3 $221,000,000, to remain available until expended: Pro4 vided, That of the amount provided—

5 (1) $4,958,000 for training programs as author6 ized by section 40152 of the 1994 Act, and for related

7 local demonstration projects;

8 (2) $986,000 for grants for televised testimony,

9 as authorized by Part N of the 1968 Act;

10 (3) $2,962,000 for grants to improve the stalking

11 and domestic violence databases, as authorized by sec12 tion 40602(a) of the 1994 Act;

13 (4) $5,287,000 for child abuse training programs

14 for judicial personnel and practitioners, as authorized

15 by section 222 of the 1990 Act;

16 (5) $11,846,000 for the court-appointed special

17 advocate program, as authorized by section 217 of the

18 1990 Act.

19 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

20 For grants, contracts, cooperative agreements, and

21 other assistance authorized by the Violent Crime Control

22 and Law Enforcement Act of 1994 (Public Law 103–322)

23 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe

24 Streets Act of 1968 (‘‘the 1968 Act’’); and the Victims of

25 Trafficking and Violence Protection Act of 2000 (Public

26 Law 106–386); and other programs; $1,353,350,000 of
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1 which in addition to amounts provided by the following

2 table $275,000,000 shall be available for Justice Assistance

3 Grants to be offset by reducing appropriations in this title

4 by a total of $275,000,000 to come from activities as follows:

5 $43,000,000 from travel and transportation of persons;

6 $3,000,000 from transportation of things; $27,000,000 from

7 communications, utilities, and miscellaneous charges;

8 $6,000,000 from printing and reproduction; and

9 $196,000,000 from other services (including amounts for

10 administrative costs which shall be transferred to and

11 merged with the ‘‘Justice Assistance’’ account): Provided,

12 That funding provided under this heading shall remain

13 available until expended: Provided further, That funds pro14 vided under this heading shall be distributed in the manner

15 described in the following table:

Program Amount

Justice Assistance Grants .............................................................. $530,000,000

Boys and Girls Clubs ..................................................................... $85,000,000

National Institute of Justice .......................................................... $10,000,000

Indian Assistance Programs .......................................................... $15,000,000

State Criminal Alien Assistance Programs .................................. $170,000,000

SW Border Prosecutors .................................................................. $30,000,000

Byrne Grants (discretionary) ........................................................ $177,000,000

Drug Courts .................................................................................... $25,000,000

Marketing Scams Against Senior Citizens ................................... $1,000,000

Missing Alzheimer’s Disease Patient Alert Program ................... $850,000

Assistance for Victims of Trafficking ............................................ $2,000,000

Prison Rape Prevention ................................................................. $1,500,000

State Prison Drug Treatment ....................................................... $15,000,000

National Criminal Intelligence Sharing Plan ............................. $6,000,000

Capital Litigation .......................................................................... $1,000,000

Justice For All ................................................................................ $4,000,000

State and Local Anti-Terrorism Training ................................... $5,000,000:

16 Provided further, That, if a unit of local government uses

17 any of the funds made available under this title to increase
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1 the number of law enforcement officers, the unit of local gov2 ernment will achieve a net gain in the number of law en3 forcement officers who perform nonadministrative public

4 safety service.

5 WEED AND SEED PROGRAM FUND

6 For necessary expenses, including salaries and related

7 expenses of the Executive Office for Weed and Seed, to im8 plement ‘‘Weed and Seed’’ program activities, $50,280,000,

9 to remain available until September 30, 2007, for inter10 governmental agreements, including grants, cooperative

11 agreements, and contracts, with State and local law enforce12 ment agencies, non-profit organizations, and agencies of

13 local government engaged in the investigation and prosecu14 tion of violent crimes and drug offenses in ‘‘Weed and Seed’’

15 designated communities, and for either reimbursements or

16 transfers to appropriation accounts of the Department of

17 Justice and other Federal agencies which shall be specified

18 by the Attorney General to execute the ‘‘Weed and Seed’’

19 program strategy: Provided, That funds designated by Con20 gress through language for other Department of Justice ap21 propriation accounts for ‘‘Weed and Seed’’ program activi22 ties shall be managed and executed by the Attorney General

23 through the Executive Office for Weed and Seed: Provided

24 further, That the Attorney General may direct the use of

25 other Department of Justice funds and personnel in support

26 of ‘‘Weed and Seed’’ program activities only after the Attor-
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1 ney General notifies the Committees on Appropriations of

2 the House of Representatives and the Senate in accordance

3 with section 505 of this Act: Provided further, That of the

4 funds appropriated for the Executive Office for Weed and

5 Seed, $2,000,000 shall be directed for comprehensive com6 munity development training and technical assistance.

7 COMMUNITY ORIENTED POLICING SERVICES

8 For activities authorized by the Violent Crime Control

9 and Law Enforcement Act of 1994 (Public Law 103–322)

10 (including administrative costs), $534,987,000, of which

11 $19,900,000 shall be offset by reducing appropriations in

12 this title for Department of Justice supplies and materials

13 by a total of $19,900,000, to remain available until ex14 pended: Provided, That funds that become available as a

15 result of deobligations from prior year balances may not

16 be obligated except in accordance with section 505 of this

17 Act: Provided further, That of the funds under this heading,

18 not to exceed $2,575,000 shall be available for the Office

19 of Justice Programs for reimbursable services associated

20 with programs administered by the Community Oriented

21 Policing Services Office: Provided further, That section

22 1703(b) and (c) of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply to non24 hiring grants made pursuant to part Q of title I thereof

25 (42 U.S.C. 3796dd et seq.): Provided further, That funds
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1 provided under this heading shall be distributed in the

2 manner described in the following table:

Program Amount

Hiring ............................................................................................. $2,000,000

Training and Technical Assistance .............................................. $14,000,000

Bullet Proof Vests ........................................................................... $27,000,000

Tribal Law Enforcement ............................................................... $20,000,000

Methamphetamine Hot Spots ........................................................ $80,000,000

Police Corps .................................................................................... $10,000,000

Law Enforce Technologies (projects) ............................................. $137,000,000

Interoperable Communications ...................................................... $37,500,000

Criminal Records Upgrade ............................................................ $20,000,000

DNA Initiative ................................................................................ $89,500,000

Coverdell Forensics Science Improvements ................................... $22,000,000

Crime Identification Technology ................................................... $30,000,000

Offender Reentry ............................................................................. $3,000,000

Safe Schools Initiative ................................................................... $5,000,000

Police Integrity ............................................................................... $7,500,000

Management and Administration ................................................. $30,487,000.

3 JUVENILE JUSTICE PROGRAMS

4 For grants, contracts, cooperative agreements, and

5 other assistance authorized by the Juvenile Justice and De6 linquency Prevention Act of 1974 (‘‘the Act’’) and other ju7 venile justice programs, including salaries and expenses in

8 connection therewith to be transferred to and merged with

9 the appropriations for Justice Assistance, $352,000,000 of

10 which $2,000,000 shall be for grants for methamphetamine

11 prevention education programs in elementary and sec12 ondary schools to be offset by a reduction of $2,000,000 in

13 the Drug Enforcement Agency salaries and expenses in this

14 Act, to remain available until expended: Provided, That

15 funds provided under this heading shall be distributed in

16 the manner described in the following table:

Program Amount

Part A, Concentration of Federal Efforts ..................................... $1,000,000

Part B, Formula Grants ................................................................ $82,000,000
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Program Amount

Part C, Discretionary Grants ....................................................... $5,000,000

Part D, Research, Evaluation, TA and Training ....................... $8,000,000

Part E, Developing New Initiatives ............................................. $75,000,000

Part G, Juvenile Mentoring Program (JUMP) ........................... $15,000,000

Title V, At Risk Children Programs ............................................. $20,000,000

Title V, Tribal Youth ...................................................................... $10,000,000

Title V, Gang Prevention ............................................................... $25,000,000

Title V, Prevention of Underage Drinking ................................... $25,000,000

Secure Our Schools Act .................................................................. $15,000,000

Project Childsafe ............................................................................. $5,000,000

Juvenile Accountability Block Grants .......................................... $49,000,000

Victims of Child Abuse Act ............................................................ $15,000,000.

1 PUBLIC SAFETY OFFICERS BENEFITS

2 To remain available until expended, for payments au3 thorized by part L of title I of the Omnibus Crime Control

4 and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended,

5 such sums as are necessary, as authorized by section 6093

6 of Public Law 100–690 (102 Stat. 4339–4340); and

7 $4,884,000, to remain available until expended for pay8 ments as authorized by section 1201(b) of said Act; and

9 $4,064,000 for educational assistance, as authorized by sec10 tion 1212 of the 1968 Act.

11 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

12 SEC. 101. In addition to amounts otherwise made

13 available in this title for official reception and representa14 tion expenses, a total of not to exceed $60,000 from funds

15 appropriated to the Department of Justice in this title shall

16 be available to the Attorney General for official reception

17 and representation expenses.

18 SEC. 102. None of the funds appropriated by this title

19 shall be available to pay for an abortion, except where the
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1 life of the mother would be endangered if the fetus were car2 ried to term, or in the case of rape: Provided, That should

3 this prohibition be declared unconstitutional by a court of

4 competent jurisdiction, this section shall be null and void.

5 SEC. 103. None of the funds appropriated under this

6 title shall be used to require any person to perform, or fa7 cilitate in any way the performance of, any abortion.

8 SEC. 104. Nothing in the preceding section shall re9 move the obligation of the Director of the Bureau of Prisons

10 to provide escort services necessary for a female inmate to

11 receive such service outside the Federal facility: Provided,

12 That nothing in this section in any way diminishes the

13 effect of section 103 intended to address the philosophical

14 beliefs of individual employees of the Bureau of Prisons.

15 SEC. 105. Not to exceed 5 percent of any appropriation

16 made available for the current fiscal year for the Depart17 ment of Justice in this Act may be transferred between such

18 appropriations, but no such appropriation, except as other19 wise specifically provided, shall be increased by more than

20 10 percent by any such transfers: Provided, That any trans21 fer pursuant to this section shall be treated as a reprogram22 ming of funds under section 505 of this Act and shall not

23 be available for obligation except in compliance with the

24 procedures set forth in that section: Provided further, That

25 none of the funds appropriated to ‘‘Buildings and Facili-
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1 ties, Federal Prison System’’ in this or any other Act may

2 be transferred to ‘‘Salaries and Expenses, Federal Prison

3 System’’, or any other Department of Justice account, un4 less the President certifies that such a transfer is necessary

5 to the national security interests of the United States, and

6 such authority shall not be delegated, and shall be subject

7 to section 505 of this Act.

8 SEC. 106. The Attorney General is authorized to make

9 permanent the Personnel Management Demonstration

10 Project transferred to the Attorney General pursuant to sec11 tion 1115 of the Homeland Security Act of 2002, Public

12 Law 107–296 (6 U.S.C. 533) without limitation on the

13 number of employees or the positions covered.

14 SEC. 107. Notwithstanding any other provision of law,

15 Public Law 102–395 section 102(b) shall extend to the Bu16 reau of Alcohol, Tobacco, Firearms and Explosives in the

17 conduct of undercover investigative operations and shall

18 apply without fiscal year limitation with respect to any

19 undercover investigative operation initiated by the Bureau

20 of Alcohol, Tobacco, Firearms and Explosives that is nec21 essary for the detection and prosecution of crimes against

22 the United States.

23 SEC. 108. Funds appropriated by this Act for the Fed24 eral Prisons System shall be in the amounts and accounts

25 specified in the report accompanying this Act: Provided,
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HR 2862 EAS

1 That within 30 days of enactment of this Act, the Bureau

2 of Prisons will submit a comprehensive financial plan for

3 the Federal Prison System to the Committees on Appropria4 tions: Provided further, That no funds appropriated for the

5 Federal Prison System in this or any other Appropriations

6 Act for the construction of new facilities may be rescinded,

7 cancelled, or used for any other purpose.

8 SEC. 109. None of the funds made available to the De9 partment of Justice in this Act may be used for the purpose

10 of transporting an individual who is a prisoner pursuant

11 to conviction for crime under State or Federal law and is

12 classified as a maximum or high security prisoner, other

13 than to a prison or other facility certified by the Federal

14 Bureau of Prisons as appropriately secure for housing such

15 a prisoner.

16 SEC. 110. (a) None of the funds appropriated by this

17 Act may be used by Federal prisons to purchase cable tele18 vision services, to rent or purchase videocassettes, video19 cassette recorders, or other audiovisual or electronic equip20 ment used primarily for recreational purposes.

21 (b) The preceding sentence does not preclude the rent22 ing, maintenance, or purchase of audiovisual or electronic

23 equipment for inmate training, religious, or educational

24 programs.
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1 SEC. 111. Within the funds provided under ‘‘Justice

2 Information Sharing Technology’’, the Attorney General

3 shall establish an investment review board, which the Dep4 uty Attorney General shall head: Provided, That within 90

5 days of enactment of this Act, the Department shall submit

6 a plan that outlines the governance structure and member7 ship of the board: Provided further, That the Department

8 shall submit to the Committee on Appropriations of the

9 Senate and the Committee on Appropriations of the House

10 of Representatives, within 90 days of enactment of this Act,

11 the project criteria that will trigger the board’s oversight,

12 to include a listing of all projects to be reviewed during

13 fiscal year 2006.

14 SEC. 112. Section 3151(b) of title 5, United States

15 Code, is amended by—

16 (1) striking paragraph (2)(A) and (B);

17 (2) in paragraph (1) by striking ‘‘(1)’’; and

18 (3) redesignating subparagraphs (A) and (B) as

19 paragraphs (1) and (2), respectively.

20 SEC. 113. Within the funds provided for the Drug En21 forcement Agency, the Attorney General shall establish a

22 Methamphetamine Task Force within the Drug Enforce23 ment Agency which shall be responsible for improving and

24 targeting the Federal Government’s policies with respect to

25 the production and trafficking of methamphetamine: Pro-
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HR 2862 EAS

1 vided, That within 90 days of enactment of this Act, the

2 Drug Enforcement Agency shall submit a plan that outlines

3 the governance structure and membership of the task force:

4 Provided further, That within 120 days the Drug Enforce5 ment Agency shall establish the task force and submit to

6 the Committee on Appropriations of the Senate and the

7 Committee on Appropriations of the House of Representa8 tives the membership of the task force and powers estab9 lished for the task force.

10 SEC. 114. Section 7(d)(3)(A) of the Prison Rape

11 Elimination Act of 2003 (42 U.S.C. 15606) is amended by

12 striking ‘‘2 years’’ and inserting ‘‘3 years’’.

13 SEC. 115. The Attorney General may waive the match14 ing requirement for the purchase of bulletproof vests of the

15 Bulletproof Vest Partnership Grant Act of 1998 for any law

16 enforcement agency that purchased defective Zylon-based

17 body armor with Federal funds pursuant to such Act be18 tween October 1, 1998, and September 30, 2005, and seeks

19 to replace that Zylon-based body armor, provided that the

20 law enforcement agency can present documentation to prove

21 the purchase of Zylon-based body armor with funds award22 ed to it under such Act.

23 This title may be cited as the ‘‘Department of Justice

24 Appropriations Act, 2006’’.
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1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the United

8 States Trade Representative, including the hire of passenger

9 motor vehicles and the employment of experts and consult10 ants as authorized by 5 U.S.C. 3109, $40,997,000, of which

11 $1,000,000 shall remain available until expended: Provided,

12 That not to exceed $124,000 shall be available for official

13 reception and representation expenses: Provided further,

14 That not less than $2,000,000 provided under this heading

15 shall be for expenses authorized by 19 U.S.C. 2451 and

16 1677b(c): Provided further, That negotiations shall be con17 ducted within the World Trade Organization to recognize

18 the right of members to distribute monies collected from

19 antidumping and countervailing duties: Provided further,

20 That negotiations shall be conducted within the World

21 Trade Organization consistent with the negotiating objec22 tives contained in the Trade Act of 2002, Public Law 107–

23 210.
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HR 2862 EAS

1 INTERNATIONAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the International Trade

4 Commission, including hire of passenger motor vehicles,

5 and services as authorized by 5 U.S.C. 3109, and not to

6 exceed $2,500 for official reception and representation ex7 penses, $62,752,000, to remain available until expended.

8 DEPARTMENT OF COMMERCE

9 INTERNATIONAL TRADE ADMINISTRATION

10 OPERATIONS AND ADMINISTRATION

11 For necessary expenses for international trade activi12 ties of the Department of Commerce provided for by law,

13 and for engaging in trade promotional activities abroad,

14 including expenses of grants and cooperative agreements for

15 the purpose of promoting exports of United States firms,

16 without regard to 44 U.S.C. 3702 and 3703; full medical

17 coverage for dependent members of immediate families of

18 employees stationed overseas and employees temporarily

19 posted overseas; travel and transportation of employees of

20 the United States and Foreign Commercial Service between

21 two points abroad, without regard to 49 U.S.C. 40118; em22 ployment of Americans and aliens by contract for services;

23 rental of space abroad for periods not exceeding 10 years,

24 and expenses of alteration, repair, or improvement; pur25 chase or construction of temporary demountable exhibition
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HR 2862 EAS

1 structures for use abroad; payment of tort claims, in the

2 manner authorized in the first paragraph of 28 U.S.C. 2672

3 when such claims arise in foreign countries; not to exceed

4 $327,000 for official representation expenses abroad; pur5 chase of passenger motor vehicles for official use abroad, not

6 to exceed $45,000 per vehicle; obtaining insurance on offi7 cial motor vehicles; and rental of tie lines, $404,625,000,

8 to remain available until expended, of which $8,000,000 is

9 to be derived from fees to be retained and used by the Inter10 national Trade Administration, notwithstanding 31 U.S.C.

11 3302: Provided, That $48,134,000 shall be for Manufac12 turing and Services; $39,815,000 shall be for Market Access

13 and Compliance; $64,134,000 shall be for the Import Ad14 ministration; $231,722,000 shall be for Trade Promotion

15 and the United States and Foreign Commercial Service;

16 and $25,820,000 shall be for Executive Direction and Ad17 ministration: Provided further, That negotiations shall be

18 conducted within the World Trade Organization to recog19 nize the right of members to distribute monies collected from

20 antidumping and countervailing duties: Provided further,

21 That the provisions of the first sentence of section 105(f)

22 and all of section 108(c) of the Mutual Educational and

23 Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and

24 2458(c)) shall apply in carrying out these activities without

25 regard to section 5412 of the Omnibus Trade and Competi-
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HR 2862 EAS

1 tiveness Act of 1988 (15 U.S.C. 4912); and that for the pur2 pose of this Act, contributions under the provisions of the

3 Mutual Educational and Cultural Exchange Act of 1961

4 shall include payment for assessments for services provided

5 as part of these activities: Provided further, That the Inter6 national Trade Administration shall be exempt from the re7 quirements of Circular A–25 (or any successor administra8 tive regulation or policy) issued by the Office of Manage9 ment and Budget: Provided further, That negotiations shall

10 be conducted within the World Trade Organization con11 sistent with the negotiating objectives contained in the

12 Trade Act of 2002, Public Law 107–210.

13 BUREAU OF INDUSTRY AND SECURITY

14 OPERATIONS AND ADMINISTRATION

15 For necessary expenses for export administration and

16 national security activities of the Department of Commerce,

17 including costs associated with the performance of export

18 administration field activities both domestically and

19 abroad; full medical coverage for dependent members of im20 mediate families of employees stationed overseas; employ21 ment of Americans and aliens by contract for services

22 abroad; payment of tort claims, in the manner authorized

23 in the first paragraph of 28 U.S.C. 2672 when such claims

24 arise in foreign countries; not to exceed $15,000 for official

25 representation expenses abroad; awards of compensation to
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1 informers under the Export Administration Act of 1979,

2 and as authorized by 22 U.S.C. 401(b); and purchase of

3 passenger motor vehicles for official use and motor vehicles

4 for law enforcement use with special requirement vehicles

5 eligible for purchase without regard to any price limitation

6 otherwise established by law, $77,000,000, to remain avail7 able until expended, of which $7,200,000 shall be for inspec8 tions and other activities related to national security: Pro9 vided, That the provisions of the first sentence of section

10 105(f) and all of section 108(c) of the Mutual Educational

11 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and

12 2458(c)) shall apply in carrying out these activities: Pro13 vided further, That payments and contributions collected

14 and accepted for materials or services provided as part of

15 such activities may be retained for use in covering the cost

16 of such activities, and for providing information to the pub17 lic with respect to the export administration and national

18 security activities of the Department of Commerce and other

19 export control programs of the United States and other gov20 ernments.

21 ECONOMIC DEVELOPMENT ADMINISTRATION

22 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

23 For grants for economic development assistance as pro24 vided by the Public Works and Economic Development Act

25 of 1965, and for trade adjustment assistance, $483,985,000,
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HR 2862 EAS

1 to remain available until expended: Provided, That

2 $200,000,000 shall be for assistance described in section

3 209(c)(2) of that Act (42 U.S.C. 3149(c)(2)) and is des4 ignated as an emergency requirement pursuant to section

5 402 of H. Con. Res. 95 (109th Congress).

6 SALARIES AND EXPENSES

7 For necessary expenses of administering the economic

8 development assistance programs as provided for by law,

9 $40,939,000: Provided, That $10,000,000 shall be for sala10 ries and expenses of carrying out section 209(c)(2) of the

11 Public Works and Economic Development Act of 1965 (42

12 U.S.C. 3149(c)(2)) and is designated as an emergency re13 quirement pursuant to section 402 of H. Con. Res. 95

14 (109th Congress): Provided further, That these funds may

15 be used to monitor projects approved pursuant to title I

16 of the Public Works Employment Act of 1976, title II of

17 the Trade Act of 1974, and the Community Emergency

18 Drought Relief Act of 1977.

19 MINORITY BUSINESS DEVELOPMENT AGENCY

20 MINORITY BUSINESS DEVELOPMENT

21 For necessary expenses of the Department of Commerce

22 in fostering, promoting, and developing minority business

23 enterprise, including expenses of grants, contracts, and

24 other agreements with public or private organizations,

25 $30,727,000.
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HR 2862 EAS

1 ECONOMIC AND INFORMATION INFRASTRUCTURE

2 ECONOMIC AND STATISTICAL ANALYSIS

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, of eco5 nomic and statistical analysis programs of the Department

6 of Commerce, $81,283,000, to remain available until Sep7 tember 30, 2006.

8 BUREAU OF THE CENSUS

9 SALARIES AND EXPENSES

10 For expenses necessary for collecting, compiling, ana11 lyzing, preparing, and publishing statistics, provided for by

12 law, $183,029,000.

13 PERIODIC CENSUSES AND PROGRAMS

14 For necessary expenses related to the 2010 decennial

15 census, $390,000,000, to remain available until September

16 30, 2006.

17 In addition, for expenses to collect and publish statis18 tics for other periodic censuses and programs provided for

19 by law, $154,356,000, to remain available until September

20 30, 2006.

21 NATIONAL TELECOMMUNICATIONS AND INFORMATION

22 ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses, as provided for by law, of the

25 National Telecommunications and Information Adminis26 tration (NTIA), $20,255,000, to remain available until
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1 September 30, 2007: Provided, That, notwithstanding 31

2 U.S.C. 1535(d), the Secretary of Commerce shall charge

3 Federal agencies for costs incurred in spectrum manage4 ment, analysis, and operations, and related services and

5 such fees shall be retained and used as offsetting collections

6 for costs of such spectrum services, to remain available until

7 expended: Provided further, That the Secretary of Com8 merce is authorized to retain and use as offsetting collec9 tions all funds transferred, or previously transferred, from

10 other Government agencies for all costs incurred in tele11 communications research, engineering, and related activi12 ties by the Institute for Telecommunication Sciences of

13 NTIA, in furtherance of its assigned functions under this

14 paragraph, and such funds received from other Government

15 agencies shall remain available until expended.

16 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

17 CONSTRUCTION

18 For the administration of grants authorized by section

19 392 of the Communications Act of 1934, $22,000,000, to

20 remain available until expended as authorized by section

21 391 of the Act: Provided, That not to exceed $2,000,000 shall

22 be available for program administration as authorized by

23 section 391 of the Act: Provided further, That, notwith24 standing the provisions of section 391 of the Act, the prior

25 year unobligated balances may be made available for grants
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HR 2862 EAS

1 for projects for which applications have been submitted and

2 approved during any fiscal year.

3 INFORMATION INFRASTRUCTURE GRANTS

4 For grants authorized by section 392 of the Commu5 nications Act of 1934, $15,000,000, to remain available

6 until expended as authorized by section 391 of the Act: Pro7 vided, That not to exceed $3,000,000 shall be available for

8 program administration and other support activities as au9 thorized by section 391: Provided further, That, of the funds

10 appropriated herein, not to exceed 5 percent may be avail11 able for telecommunications research activities for projects

12 related directly to the development of a national informa13 tion infrastructure: Provided further, That, notwith14 standing the requirements of sections 392(a) and 392(c) of

15 the Act, these funds may be used for the planning and con16 struction of telecommunications networks for the provision

17 of educational, health care, or public information: Provided

18 further, That, notwithstanding any other provision of law,

19 no entity that receives telecommunications services at pref20 erential rates under section 254(h) of the Act (47 U.S.C.

21 254(h)) or receives assistance under the regional informa22 tion sharing systems grant program of the Department of

23 Justice under part M of title I of the Omnibus Crime Con24 trol and Safe Streets Act of 1968 (42 U.S.C. 3796h) may

25 use funds under a grant under this heading to cover any
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1 costs of the entity that would otherwise be covered by such

2 preferential rates or such assistance, as the case may be.

3 UNITED STATES PATENT AND TRADEMARK OFFICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Patent and

6 Trademark Office provided for by law, including defense

7 of suits instituted against the Under Secretary of Commerce

8 for Intellectual Property and Director of the United States

9 Patent and Trademark Office, $1,703,300,000, to remain

10 available until expended: Provided, That the sum herein ap11 propriated from the general fund shall be reduced as offset12 ting collections assessed and collected pursuant to 15 U.S.C.

13 1113 and 35 U.S.C. 41 and 376 are received during fiscal

14 year 2006, so as to result in a fiscal year 2006 appropria15 tion from the general fund estimated at $0: Provided fur16 ther, That during fiscal year 2006, should the total amount

17 of offsetting fee collections be less than $1,703,300,000, this

18 amount shall be reduced accordingly: Provided further,

19 That from amounts provided herein, not to exceed $1,000

20 shall be made available in fiscal year 2006 for official recep21 tion and representation expenses: Provided further, That of

22 amounts made available under this heading, $500,000 is

23 only for the National Intellectual Property Law Enforce24 ment Coordinating Council: Provided further, That in fiscal

25 year 2006 and hereafter, from the amounts made available
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1 for ‘‘Salaries and Expenses’’ for the United States Patent

2 and Trademark Office (PTO), the amounts necessary to

3 pay: (1) the difference between the percentage of basic pay

4 contributed by the PTO and employees under section

5 8334(a) of title 5, United States Code, and the normal cost

6 percentage (as defined by section 8331(17) of that title) of

7 basic pay, of employees subject to subchapter III of chapter

8 83 of that title; and (2) the present value of the otherwise

9 unfunded accruing costs, as determined by the Office of Per10 sonnel Management, of post-retirement life insurance and

11 postretirement health benefits coverage for all PTO employ12 ees, shall be transferred to the Civil Service Retirement and

13 Disability Fund, the Employees Life Insurance Fund, and

14 the Employees Health Benefits Fund, as appropriate, and

15 shall be available for the authorized purposes of those ac16 counts.

17 OTHER

18 DEPARTMENTAL MANAGEMENT

19 SALARIES AND EXPENSES

20 For expenses necessary for the departmental manage21 ment of the Department of Commerce and the Technology

22 Administration provided for by law, including not to exceed

23 $5,000 for official entertainment, $49,605,000: Provided,

24 That not to exceed 9 full-time equivalents and $1,181,000
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1 shall be expended for the legislative affairs function of the

2 Department.

3 UNITED STATES TRAVEL AND TOURISM PROMOTION

4 For necessary expenses of the United States Travel and

5 Tourism Promotion Program, as authorized by section 210

6 of Public Law 108–7, for programs promoting travel to the

7 United States including grants, contracts, cooperative

8 agreements and related costs, $5,000,000, to remain avail9 able until September 30, 2007.

10 OFFICE OF THE INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the provisions of the Inspector General

13 Act of 1978 (5 U.S.C. App.), $22,758,000.

14 GENERAL PROVISIONS, DEPARTMENT OF COMMERCE

15 SEC. 201. During the current fiscal year, applicable

16 appropriations and funds made available to the Depart17 ment of Commerce by this Act shall be available for the

18 activities specified in the Act of October 26, 1949 (15 U.S.C.

19 1514), to the extent and in the manner prescribed by the

20 Act, and, notwithstanding 31 U.S.C. 3324, may be used for

21 advanced payments not otherwise authorized only upon the

22 certification of officials designated by the Secretary of Com23 merce that such payments are in the public interest.

24 SEC. 202. During the current fiscal year, appropria25 tions made available to the Department of Commerce by

26 this Act for salaries and expenses shall be available for hire
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1 of passenger motor vehicles as authorized by 31 U.S.C. 1343

2 and 1344; services as authorized by 5 U.S.C. 3109; and uni3 forms or allowances therefore, as authorized by law (5

4 U.S.C. 5901–5902).

5 SEC. 203. Any costs incurred by a department or agen6 cy funded under this title resulting from personnel actions

7 taken in response to funding reductions included in this

8 title or from actions taken for the care and protection of

9 loan collateral or grant property shall be absorbed within

10 the total budgetary resources available to such department

11 or agency: Provided, That the authority to transfer funds

12 between appropriations accounts as may be necessary to

13 carry out this section is provided in addition to authorities

14 included elsewhere in this Act: Provided further, That use

15 of funds to carry out this section shall be treated as a re16 programming of funds under section 505 of this Act and

17 shall not be available for obligation or expenditure except

18 in compliance with the procedures set forth in that section.

19 SEC. 204. Funds made available for salaries and ad20 ministrative expenses to administer the Emergency Steel

21 Loan Guarantee Program in section 211(b) of Public Law

22 108–199 shall remain available until expended: Provided,

23 That section 101(k) of the Emergency Steel Loan Guarantee

24 Act of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is

25 amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
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1 SEC. 205. Not to exceed 5 percent of any appropriation

2 made available for the current fiscal year for the Depart3 ment of Commerce in this Act may be transferred between

4 such appropriations, but no such appropriation shall be in5 creased by more than 10 percent by any such transfers: Pro6 vided, That any transfer pursuant to this section shall be

7 treated as a reprogramming of funds under section 505 of

8 this Act and shall not be available for obligation or expendi9 ture except in compliance with the procedures set forth in

10 that section: Provided further, That the Secretary of Com11 merce shall notify the Committees on Appropriations at

12 least 15 days in advance of the acquisition or disposal of

13 any capital asset (including land, structures, and equip14 ment) not specifically provided for in this or any Depart15 ments of Commerce, Justice, and State, the Judiciary, and

16 Related Agencies Appropriations Act: Provided further,

17 That for the National Oceanic and Atmospheric Adminis18 tration this section shall provide for transfers among appro19 priations made only to the National Oceanic and Atmos20 pheric Administration and such appropriations may not

21 be transferred and reprogrammed to other Department of

22 Commerce bureaus and appropriation accounts.

23 SEC. 206. Notwithstanding any other provision of this

24 Act, no funds appropriated under this Act shall be used to
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1 register, issue, transfer, or enforce any trademark of the

2 phrase ‘‘Last Best Place’’.

3 SEC. 207. TECHNOLOGY AND OPPORTUNITIES PRO4 GRAM. (a) Of the total amount appropriated in this Act

5 for the Technology and Opportunities Program, that

6 amount shall be increased by $5,000,000, which shall be

7 made available for the grants authorized under title I of

8 the ENHANCE 911 Act of 2004 (Public Law 108–494; 118

9 Stat. 3986).

10 (b) Amounts appropriated under this Act for the De11 partmental Management of the Department of Commerce

12 are reduced by $5,000,000.

13 This title may be cited as the ‘‘Department of Com14 merce and Related Agencies Appropriations Act, 2006’’.

15 TITLE III—SCIENCE

16 DEPARTMENT OF COMMERCE

17 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

18 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

19 For necessary expenses of the National Institute of

20 Standards and Technology, $399,869,000, to remain avail21 able until expended, of which not to exceed $3,000,000 may

22 be transferred to the ‘‘Working Capital Fund’’: Provided,

23 That from amounts provided herein, not to exceed $5,000

24 shall be made available in fiscal year 2006 for official recep25 tion and representation expenses.
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1 INDUSTRIAL TECHNOLOGY SERVICES

2 For necessary expenses of the Hollings Manufacturing

3 Extension Partnership of the National Institute of Stand4 ards and Technology, $106,000,000, to remain available

5 until expended.

6 In addition, for necessary expenses of the Advanced

7 Technology Program of the National Institute of Standards

8 and Technology, $140,000,000, to remain available until

9 expended, of which $60,000,000 shall be expended for the

10 award of new grants before September 30, 2006.

11 CONSTRUCTION OF RESEARCH FACILITIES

12 For construction of new research facilities, including

13 architectural and engineering design, and for renovation

14 and maintenance of existing facilities, not otherwise pro15 vided for the National Institute of Standards and Tech16 nology, as authorized by 15 U.S.C. 278c–278e,

17 $198,631,000, to remain available until expended: Pro18 vided, That beginning in fiscal year 2007 and for each fis19 cal year thereafter, the Secretary of Commerce shall include

20 in the budget justification materials that the Secretary sub21 mits to Congress in support of the Department of Commerce

22 budget (as submitted with the budget of the President under

23 section 1105(a) of title 31, 10 United States Code) an esti24 mate for each National Institute of Standards and Tech25 nology construction project having a total multiyear pro26 gram cost of more than $5,000,000 and simultaneously the
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1 budget justification materials shall include an estimate of

2 the budgetary requirements for each such project for each

3 of the five subsequent fiscal years.

4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of activities authorized by law

8 for the National Oceanic and Atmospheric Administration,

9 including maintenance, operation, and hire of aircraft and

10 vessels; grants, contracts, or other payments to nonprofit

11 organizations for the purposes of conducting activities pur12 suant to cooperative agreements; relocation of facilities,

13 $3,199,983,000, to remain available until September 30,

14 2007, except for funds provided for cooperative enforcement

15 which shall remain available until September 30, 2008:

16 Provided, That in addition, $3,000,000 shall be derived by

17 transfer from the fund entitled ‘‘Coastal Zone Management’’

18 and in addition $62,000,000 shall be derived by transfer

19 from the fund entitled ‘‘Promote and Develop Fishery Prod20 ucts and Research Pertaining to American Fisheries’’: Pro21 vided further, That fees and donations received for the man22 agement of the national marine sanctuaries may be re23 tained and used for the salaries and expenses associated

24 with those activities, notwithstanding 31 U.S.C. 3302: Pro25 vided further, That grants to States pursuant to sections

26 306 and 306A of the Coastal Zone Management Act of 1972,
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1 as amended, shall not exceed $2,000,000, unless funds pro2 vided for ‘‘Coastal Zone Management Grants’’ exceed funds

3 provided in the previous fiscal year: Provided further, That

4 if funds provided for ‘‘Coastal Zone Management Grants’’

5 exceed funds provided in the previous fiscal year, then no

6 State shall receive more than 5 percent or less than 1 per7 cent of the additional funds: Provided further, That, of the

8 $3,264,983,000 provided for in direct obligations under this

9 heading, $610,462,000 shall be for the National Ocean Serv10 ice, $763,783,000 shall be for the National Marine Fisheries

11 Service, $470,109,000 shall be for Oceanic and Atmospheric

12 Research, $772,762,000 shall be for the National Weather

13 Service, $180,412,000 shall be for the National Environ14 mental Satellite, Data, and Information Service, and

15 $402,455,000 shall be for Program Support: Provided fur16 ther, That payments of funds made available under this

17 heading to the Department of Commerce Working Capital

18 Fund including Department of Commerce General Counsel

19 legal services shall not exceed $40,693,000: Provided further,

20 That the personnel management demonstration project es21 tablished at the National Oceanic and Atmospheric Admin22 istration pursuant to 5 U.S.C. 4703 may be expanded by

23 3,500 full-time positions to include up to 6,925 full time

24 positions and may be extended indefinitely: Provided fur25 ther, That none of the funds in this Act may be used for
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1 the National Oceanic and Atmospheric Administration to

2 implement the Department of Commerce’s E-Government

3 initiatives: Provided further, That, notwithstanding any

4 other provision of law, the authorities provided to National

5 Aeronautics and Space Administration pursuant to 42

6 U.S.C. 2473 shall be available to the National Oceanic and

7 Atmospheric Administration in the furtherance of its oce8 anic, atmospheric and space mission and programs: Pro9 vided further, That the obligated balance of such sums shall

10 remain available through September 30, 2012 for liqui11 dating obligations made in fiscal years 2004 and 2005.

12 In addition, for necessary retired pay expenses under

13 the Retired Serviceman’s Family Protection and Survivor

14 Benefits Plan, and for payments for medical care of retired

15 personnel and their dependents under the Dependents Med16 ical Care Act (10 U.S.C. ch. 55), such sums as may be nec17 essary.

18 PROCUREMENT, ACQUISITION AND CONSTRUCTION

19 For procurement, acquisition and construction of cap20 ital assets, including alteration and modification costs, of

21 the National Oceanic and Atmospheric Administration,

22 $1,195,017,000, to remain available until September 30,

23 2008, except funds provided for construction of facilities

24 which shall remain available until expended: Provided,

25 That funds provided under this heading for the National

26 Polar-orbiting Operational Environmental Satellite System
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1 shall only be made available on a dollar for dollar matching

2 basis with funds provided for the same purpose by the De3 partment of Defense: Provided further, That except to the

4 extent expressly prohibited by any other law, the Depart5 ment of Defense may delegate procurement functions related

6 to the National Polar-orbiting Operational Environmental

7 Satellite System to officials of the Department of Commerce

8 pursuant to section 2311 of title 10, United States Code:

9 Provided further, That beginning in fiscal year 2006 and

10 for each fiscal year thereafter, the Secretary of Commerce

11 shall include in the budget justification materials that the

12 Secretary submits to Congress in support of the Department

13 of Commerce budget (as submitted with the budget of the

14 President under section 1105(a) of title 31, 10 United

15 States Code) an estimate for each National Oceanic and

16 Atmospheric Administration procurement, acquisition and

17 construction program having a total multiyear program

18 cost of more than $5,000,000 and an estimate of the budg19 etary requirements for each such program for each of the

20 five subsequent fiscal years.

21 PACIFIC COASTAL SALMON RECOVERY

22 For necessary expenses associated with the restoration

23 of Pacific salmon populations, $90,000,000 to remain

24 available under September 30, 2007.
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1 COASTAL ZONE MANAGEMENT FUND

2 Of amounts collected pursuant to section 308 of the

3 Coastal Zone Management Act of 1972 (16 U.S.C. 1456a),

4 not to exceed $3,000,000 shall be transferred to the ‘‘Oper5 ations, Research and Facilities’’ account to offset the costs

6 of implementing such Act.

7 FISHERIES FINANCE PROGRAM ACCOUNT

8 For the costs of direct loans, $287,000, as authorized

9 by the Merchant Marine Act of 1936: Provided, That such

10 costs, including the cost of modifying such loans, shall be

11 as defined in the Federal Credit Reform Act of 1990: Pro12 vided further, That these funds are only available to sub13 sidize gross obligations for the principal amount of direct

14 loans not to exceed $5,000,000 for Individual Fishing Quota

15 loans, and not to exceed $59,000,000 for traditional direct

16 loans, of which $19,000,000 may be used for direct loans

17 to the United States menhaden fishery: Provided further,

18 That none of the funds made available under this heading

19 may be used for direct loans for any new fishing vessel that

20 will increase the harvesting capacity in any United States

21 fishery.

22 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

23 SCIENCE, AERONAUTICS, AND EXPLORATION

24 (INCLUDING TRANSFERS OF FUNDS)

25 For necessary expenses, not otherwise provided for, in

26 the conduct and support of science, aeronautics and explo-
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1 ration research and development activities, including re2 search, development, operations, support and services;

3 maintenance; construction of facilities including repair, re4 habilitation, revitalization, and modification of facilities,

5 construction of new facilities and additions to existing fa6 cilities, facility planning and design, and restoration, and

7 acquisition or condemnation of real property, as authorized

8 by law; environmental compliance and restoration; space

9 flight, spacecraft control and communications activities in10 cluding operations, production, and services; program man11 agement; personnel and related costs, including uniforms

12 or allowances therefor, as authorized by 5 U.S.C. 5901–

13 5902; travel expenses; purchase and hire of passenger motor

14 vehicles; not to exceed $35,000 for official reception and rep15 resentation expenses; and purchase, lease, charter, mainte16 nance and operation of mission and administrative air17 craft, $9,761,000,000, to remain available until September

18 30, 2007, of which amounts as determined by the Adminis19 trator for salaries and benefits; training, travel and

20 awards; facility and related costs; information technology

21 services; science, engineering, fabricating and testing serv22 ices; and other administrative services may be transferred

23 to ‘‘Exploration Capabilities’’ in accordance with section

24 312(b) of the National Aeronautics and Space Act of 1958,

25 as amended by Public Law 106–377: Provided, That within
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1 the amounts provided under this heading, $250,000,000

2 shall be for a Hubble servicing mission, $371,600,000 for

3 the Webb Space Telescope to be launched no later than 2013,

4 $1,120,100,000 shall be for Constellation systems, and

5 $132,930,000 shall be for other related exploration, science,

6 and aeronautics activities.

7 EXPLORATION CAPABILITIES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses, not otherwise provided for, in

10 the conduct and support of exploration capabilities research

11 and development activities, including research, develop12 ment, operations, support and services; maintenance; con13 struction of facilities including repair, rehabilitation, revi14 talization and modification of facilities, construction of new

15 facilities and additions to existing facilities, facility plan16 ning and design, and acquisition or condemnation of real

17 property, as authorized by law; environmental compliance

18 and restoration; space flight, spacecraft control and commu19 nications activities including operations, production, and

20 services; program management; personnel and related costs,

21 including uniforms or allowances therefor, as authorized by

22 5 U.S.C. 5901–5902; travel expenses; purchase and hire of

23 passenger motor vehicles; not to exceed $35,000 for official

24 reception and representation expenses; and purchase, lease,

25 charter, maintenance and operation of mission and admin26 istrative aircraft, $6,603,000,000, to remain available until
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1 September 30, 2007, of which amounts as determined by

2 the Administrator for salaries and benefits; training, travel

3 and awards; facility and related costs; information tech4 nology services; science, engineering, fabricating and testing

5 services; and other administrative services may be trans6 ferred to ‘‘Science, Aeronautics, and Exploration’’ in ac7 cordance with section 312(b) of the National Aeronautics

8 and Space Act of 1958, as amended by Public Law 106–

9 377.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the Inspector General Act of 1978, as

13 amended, $32,400,000, to remain available until September

14 30, 2007.

15 ADMINISTRATIVE PROVISIONS

16 Notwithstanding the limitation on the availability of

17 funds appropriated for ‘‘Science, aeronautics, and explo18 ration’’, or ‘‘Exploration capabilities’’ by this appropria19 tions Act, when any activity has been initiated by the in20 currence of obligations for construction of facilities or envi21 ronmental compliance and restoration activities as author22 ized by law, such amount available for such activity shall

23 remain available until expended. This provision does not

24 apply to the amounts appropriated for minor institutional

25 revitalization and construction of facilities, and institu26 tional facility planning and design.
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1 Notwithstanding the limitation on the availability of

2 funds appropriated for ‘‘Science, Aeronautics, and Explo3 ration’’, or ‘‘Exploration capabilities’’ by this appropria4 tions Act, the amounts appropriated for construction of fa5 cilities shall remain available until September 30, 2008.

6 Funds for announced prizes otherwise authorized shall

7 remain available, without fiscal year limitation, until the

8 prize is claimed or the offer is withdrawn. Funding shall

9 not be made available for Centennial Challenges unless au10 thorized.

11 The unexpired balances of prior appropriations to Na12 tional Aeronautics and Space Administration for activities

13 for which funds are provided under this Act may be trans14 ferred to the new account established for the appropriation

15 that provides such activity under this Act. Balances so

16 transferred may be merged with funds in the newly estab17 lished account and thereafter may be accounted for as one

18 fund under the same terms and conditions.

19 NATIONAL SCIENCE FOUNDATION

20 RESEARCH AND RELATED ACTIVITIES

21 For necessary expenses in carrying out the National

22 Science Foundation Act of 1950, as amended (42 U.S.C.

23 1861–1875), and the Act to establish a National Medal of

24 Science (42 U.S.C. 1880–1881); services as authorized by

25 5 U.S.C. 3109; maintenance and operation of aircraft and
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HR 2862 EAS

1 purchase of flight services for research support; acquisition

2 of aircraft; and authorized travel; $4,345,213,000, of which

3 at least $386,930,000 shall remain available until expended

4 for Polar research and operations support, of which up to

5 $58,000,000 shall be used for the procurement of polar ice

6 breaking services from the U.S. Coast Guard, and that in

7 the event that the U.S. Coast Guard is unable to provide

8 said ice breaking services, then the National Science Foun9 dation shall procure such services from alternative sources,

10 and for reimbursement to other Federal agencies for oper11 ational and science support and logistical and other related

12 activities for the United States Antarctic program; the bal13 ance to remain available until September 30, 2006: Pro14 vided, That receipts for scientific support services and ma15 terials furnished by the National Research Centers and

16 other National Science Foundation supported research fa17 cilities may be credited to this appropriation: Provided fur18 ther, That to the extent that the amount appropriated is

19 less than the total amount authorized to be appropriated

20 for included program activities, all amounts, including

21 floors and ceilings, specified in the authorizing Act for those

22 program activities or their subactivities shall be reduced

23 proportionally.
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HR 2862 EAS

1 MAJOR RESEARCH EQUIPMENT AND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research

5 equipment, facilities, and other such capital assets pursuant

6 to the National Science Foundation Act of 1950, as amend7 ed, including authorized travel, $193,350,000, to remain

8 available until expended.

9 EDUCATION AND HUMAN RESOURCES

10 For necessary expenses in carrying out science and en11 gineering education and human resources programs and ac12 tivities pursuant to the National Science Foundation Act

13 of 1950, as amended (42 U.S.C. 1861–1875), including

14 services as authorized by 5 U.S.C. 3109, authorized travel,

15 and rental of conference rooms in the District of Columbia,

16 $747,000,000, to remain available until September 30,

17 2006: Provided, That to the extent that the amount of this

18 appropriation is less than the total amount authorized to

19 be appropriated for included program activities, all

20 amounts, including floors and ceilings, specified in the au21 thorizing Act for those program activities or their subactivi22 ties shall be reduced proportionally.

23 SALARIES AND EXPENSES

24 For salaries and expenses necessary in carrying out

25 the National Science Foundation Act of 1950, as amended

26 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C.
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1 3109; hire of passenger motor vehicles; not to exceed $9,000

2 for official reception and representation expenses; uniforms

3 or allowances therefor, as authorized by 5 U.S.C. 5901–

4 5902; rental of conference rooms in the District of Colum5 bia; and reimbursement of the General Services Adminis6 tration for security guard services; $229,896,000: Provided,

7 That contracts may be entered into under ‘‘Salaries and

8 expenses’’ in fiscal year 2006 for maintenance and oper9 ation of facilities, and for other services, to be provided dur10 ing the next fiscal year.

11 OFFICE OF THE NATIONAL SCIENCE BOARD

12 For necessary expenses (including payment of salaries,

13 authorized travel, hire of passenger motor vehicles, the rent14 al of conference rooms in the District of Columbia, and the

15 employment of experts and consultants under section 3109

16 of title 5, United States Code) involved in carrying out sec17 tion 4 of the National Science Foundation Act of 1950 (42

18 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et

19 seq.), $4,000,000: Provided, That not more than $9,000

20 shall be available for official reception and representation

21 expenses.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral as authorized by the Inspector General Act of 1978,

25 as amended, $11,500,000, to remain available until Sep26 tember 30, 2006.
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1 EXECUTIVE OFFICE OF THE PRESIDENT

2 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

3 For necessary expenses of the Office of Science and

4 Technology Policy, in carrying out the purposes of the Na5 tional Science and Technology Policy, Organization, and

6 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of

7 passenger motor vehicles, and services as authorized by 5

8 U.S.C. 3109, not to exceed $2,500 for official reception and

9 representation expenses, and rental of conference rooms in

10 the District of Columbia, $5,564,000.

11 GENERAL PROVISIONS—SCIENCE

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 301. Notwithstanding any other provision of law,

14 of the amounts made available elsewhere in this title to the

15 ‘‘National Institute of Standards and Technology, Con16 struction of Research Facilities’’, $8,000,000 is for a cooper17 ative agreement with the Medical University of South Caro18 lina; $20,000,000 is for the National Formulation Science

19 Laboratory at the University of Southern Mississippi;

20 $20,000,000 is for the University of Mississippi Research

21 Park; $5,000,000 is for the Alabama State University

22 Science and Education Building; $8,000,000 is for Tusca23 loosa, Alabama, revitalization; $20,000,000 is for the Bio24 medical Research Center at the University of Alabama at

25 Birmingham; and $30,000,000 is for the University of Ala-
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1 bama for the design and construction of the Science and

2 Engineering Center.

3 SEC. 302. Of the amount available from the fund enti4 tled ‘‘Promote and Develop Fishery Products and Research

5 Pertaining to American Fisheries’’, $10,000,000 shall be

6 provided to the Alaska Fisheries Marketing Board,

7 $5,000,000 shall be available to the Southern Shrimp Alli8 ance for its ‘‘Wild American Shrimp Marketing Program’’.

9 SEC. 303. Of the amounts made available under the

10 heading ‘‘Procurement, Acquisition and Construction, Na11 tional Oceanic and Atmospheric Administration’’,

12 $12,000,000 shall be transferred to the National Aeronautics

13 and Space Administration for the planning, design, and

14 construction of Building 3203, and for the planning and

15 design of Buildings 3205 and 3216.

16 SEC. 304. Notwithstanding any other provision of this

17 Act, of the amounts made available in this title under the

18 heading ‘‘NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS19 TRATION’’ and under the subheading ‘‘OPERATIONS, RE20 SEARCH, AND FACILITIES’’, not less than $5,800,000 shall

21 be made available for the National Hurricane Center and

22 that such amount may be used to employ individuals in

23 43 full-time equivalent positions at the National Hurricane

24 Center.
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1 SEC. 305. Of the amounts made available under the

2 heading ‘‘NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS3 TRATION’’ and the subheading ‘‘OPERATIONS, RESEARCH,

4 AND FACILITIES’’, sufficient funds may be provided to im5 plement the Harmful Algal Bloom and Hypoxia Amend6 ments Act of 2004 (title I of Public Law 108–456; 16 U.S.C.

7 1451 note).

8 SEC. 306. It is the sense of Congress that the U.S.

9 Coral Reef Task Force should join with its Federal and

10 State partners to provide an appropriate level of financial

11 and technical support to make the 11th International Coral

12 Reef Symposium a successful event.

13 SEC. 307. Of the amounts appropriated or otherwise

14 made available by this title under the heading ‘‘NATIONAL

15 AERONAUTICS AND SPACE ADMINISTRATION’’, $859,300,000

16 shall be available for aeronautics research and development

17 programs of the National Aeronautics and Space Adminis18 tration. Of the amount available under this section in excess

19 of $852,300,000, not more than 50 percent of such excess

20 amount may be derived from any particular account of the

21 National Aeronautics and Space Administration.

22 This title may be cited as the ‘‘Science Appropriations

23 Act, 2006’’.
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1 TITLE IV—RELATED AGENCIES

2 COMMISSION ON CIVIL RIGHTS

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Civil

5 Rights, including hire of passenger motor vehicles,

6 $9,000,000: Provided, That not to exceed $50,000 may be

7 used to employ consultants: Provided further, That none of

8 the funds appropriated in this paragraph shall be used to

9 employ in excess of four full-time individuals under Sched10 ule C of the Excepted Service exclusive of one special assist11 ant for each Commissioner: Provided further, That none of

12 the funds appropriated in this paragraph shall be used to

13 reimburse Commissioners for more than 75 billable days,

14 with the exception of the chairperson, who is permitted 125

15 billable days.

16 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Equal Employment Op19 portunity Commission as authorized by title VII of the

20 Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621–634),

21 the Americans with Disabilities Act of 1990, and the Civil

22 Rights Act of 1991, including services as authorized by 5

23 U.S.C. 3109; hire of passenger motor vehicles as authorized

24 by 31 U.S.C. 1343(b); non-monetary awards to private citi25 zens; and not to exceed $33,000,000 for payments to State
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1 and local enforcement agencies for services to the Commis2 sion pursuant to title VII of the Civil Rights Act of 1964,

3 sections 6 and 14 of the Age Discrimination in Employ4 ment Act, the Americans with Disabilities Act of 1990, and

5 the Civil Rights Act of 1991, $331,228,000: Provided, That

6 the Commission is authorized to make available for official

7 reception and representation expenses not to exceed $2,500

8 from available funds: Provided further, That the Commis9 sion may take no action to implement any workforce repo10 sitioning, restructuring, or reorganization until such time

11 as the Committees on Appropriations have been notified of

12 such proposals, in accordance with the reprogramming pro13 visions of section 505 of this Act.

14 FEDERAL COMMUNICATIONS COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Federal Communications

17 Commission, as authorized by law, including uniforms and

18 allowances therefor, as authorized by 5 U.S.C. 5901–5902;

19 not to exceed $9,900,000 for land and structure; not to ex20 ceed $500,000 for improvement and care of grounds and

21 repair to buildings; not to exceed $4,000 for official recep22 tion and representation expenses; purchase and hire of

23 motor vehicles; special counsel fees; and services as author24 ized by 5 U.S.C. 3109, $297,370,000: Provided, That

25 $296,370,000 of offsetting collections shall be assessed and
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1 collected pursuant to section 9 of title I of the Communica2 tions Act of 1934, shall be retained and used for necessary

3 expenses in this appropriation, and shall remain available

4 until expended: Provided further, That the sum herein ap5 propriated shall be reduced as such offsetting collections are

6 received during fiscal year 2006 so as to result in a final

7 fiscal year 2006 appropriation estimated at $1,000,000:

8 Provided further, That any offsetting collections received in

9 excess of $296,370,000 in fiscal year 2006 shall remain

10 available until expended, but shall not be available for obli11 gation until October 1, 2006: Provided further, That not12 withstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use

13 of a competitive bidding system that may be retained and

14 made available for obligation shall not exceed $85,000,000

15 for fiscal year 2006.

16 FEDERAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Trade Commis19 sion, including uniforms or allowances therefor, as author20 ized by 5 U.S.C. 5901–5902; services as authorized by 5

21 U.S.C. 3109; hire of passenger motor vehicles; and not to

22 exceed $2,000 for official reception and representation ex23 penses, $211,000,000, to remain available until expended:

24 Provided, That not to exceed $300,000 shall be available

25 for use to contract with a person or persons for collection
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1 services in accordance with the terms of 31 U.S.C. 3718:

2 Provided further, That, notwithstanding any other provi3 sion of law, not to exceed $116,000,000 of offsetting collec4 tions derived from fees collected for premerger notification

5 filings under the Hart-Scott-Rodino Antitrust Improve6 ments Act of 1976 (15 U.S.C. 18a), regardless of the year

7 of collection, shall be retained and used for necessary ex8 penses in this appropriation: Provided further, That, not9 withstanding any other provision of law, $23,000,000 in

10 offsetting collections derived from fees sufficient to imple11 ment and enforce the Telemarketing Sales Rule, promul12 gated under the Telephone Consumer Fraud and Abuse Pre13 vention Act (15 U.S.C. 6101 et seq.), shall be credited to

14 this account, and be retained and used for necessary ex15 penses in this appropriation: Provided further, That the

16 sum herein appropriated from the general fund shall be re17 duced as such offsetting collections are received during fiscal

18 year 2006, so as to result in a final fiscal year 2006 appro19 priation from the general fund estimated at not more than

20 $72,000,000: Provided further, That none of the funds made

21 available to the Federal Trade Commission may be used

22 to enforce subsection (e) of section 43 of the Federal Deposit

23 Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the

24 Federal Deposit Insurance Corporation Improvement Act

25 of 1991 (12 U.S.C. 1831t note): Provided further, That here-
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1 after no funds appropriated in this or any other Act shall

2 be expended to remove the Federal Trade Commission from

3 its headquarters building, the Federal Trade Commission

4 Building, located at 600 Pennsylvania Avenue, Northwest,

5 Washington, DC; to render such building appropriate for

6 occupation by another Federal agency or other organization

7 or division thereof; or to locate any such agency, organiza8 tion, or division in said building.

9 LEGAL SERVICES CORPORATION

10 PAYMENT TO THE LEGAL SERVICES CORPORATION

11 For payment to the Legal Services Corporation to

12 carry out the purposes of the Legal Services Corporation

13 Act of 1974, $358,527,000, of which $346,251,000 is for

14 basic field programs and required independent audits (of

15 which $8,000,000 is for basic field programs providing legal

16 assistance to victims of Hurricane Katrina).

17 Notwithstanding any other provisions in the Act, the

18 sums appropriated for the Department of Justice are re19 duced by $37,000,000. This reduction is to be taken by the

20 Attorney General from accounts receiving an increase in

21 travel and transportation of persons as specified in the

22 President’s Fiscal Year 2006 Budget Submittal to Congress

23 pursuant to 31 U.S.C. section 1105 and which are in excess

24 of the fiscal year 2005 level; $2,600,000 is for the Office

25 of Inspector General, of which such amounts as may be nec-
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1 essary may be used to conduct additional audits of recipi2 ents; $13,900,000 is for management and administration;

3 $3,400,000 is for client self-help and information tech4 nology; and $2,849,000 is for grants to offset losses due to

5 census adjustments.

6 ADMINISTRATIVE PROVISION—LEGAL SERVICES

7 CORPORATION

8 None of the funds appropriated in this Act to the Legal

9 Services Corporation shall be expended for any purpose pro10 hibited or limited by, or contrary to any of the provisions

11 of, sections 501, 502, 503, 504, 505, and 506 of Public Law

12 105–119, and all funds appropriated in this Act to the

13 Legal Services Corporation shall be subject to the same

14 terms and conditions set forth in such sections, except that

15 all references in sections 502 and 503 to 1997 and 1998

16 shall be deemed to refer instead to 2005 and 2006, respec17 tively, and except that section 501(a)(1) of Public Law 104–

18 134 (110 Stat. 1321–51, et seq.) shall not apply to the use

19 of the $1,775,000 to address loss of funding due to Census20 based reallocations.

21 MARINE MAMMAL COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Marine Mammal Com24 mission as authorized by title II of Public Law 92–522,

25 $2,000,000.
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1 NATIONAL VETERANS BUSINESS DEVELOPMENT

2 CORPORATION

3 For necessary expenses of the National Veterans Busi4 ness Development Corporation as authorized under section

5 33(a) of the Small Business Act, $2,000,000, to remain

6 available until expended.

7 SECURITIES AND EXCHANGE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Securities and Exchange

10 Commission, including services as authorized by 5 U.S.C.

11 3109, the rental of space (to include multiple year leases)

12 in the District of Columbia and elsewhere, and not to exceed

13 $3,000 for official reception and representation expenses,

14 $888,117,000; of which not to exceed $13,000 may be used

15 toward funding a permanent secretariat for the Inter16 national Organization of Securities Commissions; and of

17 which not to exceed $100,000 shall be available for expenses

18 for consultations and meetings hosted by the Commission

19 with foreign governmental and other regulatory officials,

20 members of their delegations, appropriate representatives

21 and staff to exchange views concerning developments relat22 ing to securities matters, development and implementation

23 of cooperation agreements concerning securities matters and

24 provision of technical assistance for the development of for25 eign securities markets, such expenses to include necessary
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1 logistic and administrative expenses and the expenses of

2 Commission staff and foreign invitees in attendance at such

3 consultations and meetings including: (1) such incidental

4 expenses as meals taken in the course of such attendance;

5 (2) any travel and transportation to or from such meetings;

6 and (3) any other related lodging or subsistence: Provided,

7 That fees and charges authorized by sections 6(b) of the Se8 curities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e),

9 14(g) and 31 of the Securities Exchange Act of 1934 (15

10 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this

11 account as offsetting collections: Provided further, That not

12 to exceed $863,117,000 of such offsetting collections shall be

13 available until expended for necessary expenses of this ac14 count: Provided further, That $25,000,000 shall be derived

15 from prior year unobligated balances from funds previously

16 appropriated to the Securities and Exchange Commission:

17 Provided further, That the total amount appropriated

18 under this heading from the general fund for fiscal year

19 2006 shall be reduced as such offsetting fees are received

20 so as to result in a final total fiscal year 2006 appropria21 tion from the general fund estimated at not more than $0.

22 SMALL BUSINESS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for, of

25 the Small Business Administration as authorized by Public
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1 Law 106–554, including hire of passenger motor vehicles

2 as authorized by 31 U.S.C. 1343 and 1344, and not to ex3 ceed $3,500 for official reception and representation ex4 penses, $336,084,000: Provided, That the Administrator is

5 authorized to charge fees to cover the cost of publications

6 developed by the Small Business Administration, and cer7 tain loan servicing activities: Provided further, That, not8 withstanding 31 U.S.C. 3302, revenues received from all

9 such activities shall be credited to this account, to be avail10 able for carrying out these purposes without further appro11 priations: Provided further, That $89,000,000 shall be

12 available to fund grants for performance in fiscal year 2006

13 or fiscal year 2007 as authorized: Provided further, That

14 the Small Business Administration is authorized to award

15 grants under the Women’s Business Center Sustainability

16 Pilot Program established by section 4(a) of Public Law

17 106–165 (15 U.S.C. 656(l)): Provided further, That, of the

18 amounts provided for Women’s Business Centers, not less

19 than 48 percent shall be available to continue Women’s

20 Business Centers in sustainability status.

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector Gen23 eral in carrying out the provisions of the Inspector General

24 Act of 1978, $14,500,000.
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1 SURETY BOND GUARANTEES REVOLVING FUND

2 For additional capital for the Surety Bond Guarantees

3 Revolving Fund, authorized by the Small Business Invest4 ment Act, as amended, $3,000,000, to remain available

5 until expended.

6 BUSINESS LOANS PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 For the cost of guaranteed loans, $2,000,000, as au9 thorized by 15 U.S.C. 631 note, to remain available until

10 September 30, 2006: Provided, That such costs, including

11 the cost of modifying such loans, shall be as defined in sec12 tion 502 of the Congressional Budget Act of 1974: Provided

13 further, That subject to section 502 of the Congressional

14 Budget Act of 1974, during fiscal year 2006 commitments

15 to guarantee loans under section 503 of the Small Business

16 Investment Act of 1958, shall not exceed the levels estab17 lished under 20(e)(1)(B)(ii) of the Small Business Act: Pro18 vided further, That during fiscal year 2006 commitments

19 for general business loans authorized under section 7(a) of

20 the Small Business Act, shall not exceed the levels estab21 lished under 20(e)(1)(B)(i) of the Small Business Act: Pro22 vided further, That during fiscal year 2006 commitments

23 to guarantee loans for debentures and participating securi24 ties under section 303(b) of the Small Business Investment

25 Act of 1958, shall not exceed the levels established by section

26 20(i)(1)(C) of the Small Business Act.
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1 In addition, for administrative expenses to carry out

2 the direct and guaranteed loan programs, $126,653,000,

3 which may be transferred to and merged with the appro4 priations for Salaries and Expenses.

5 DISASTER LOANS PROGRAM ACCOUNT

6 For the cost of direct loans authorized by section 7(b)

7 of the Small Business Act, $83,335,000, to remain available

8 until expended: Provided, That such costs, including the

9 cost of modifying such loans, shall be as defined in section

10 502 of the Congressional Budget Act of 1974.

11 In addition, for administrative expenses to carry out

12 the direct loan program, $56,000,000, which may be trans13 ferred to and merged with appropriations for Salaries and

14 Expenses, of which $1,500,000 is for the Office of Inspector

15 General of the Small Business Administration for audits

16 and reviews of disaster loans and the disaster loan program

17 and shall be transferred to and merged with appropriations

18 for the Office of Inspector General; of which $46,100,000

19 is for direct administrative expenses of loan making and

20 servicing to carry out the direct loan program; and of which

21 $9,000,000 is for indirect administrative expenses and may

22 be transferred to and merged with funds in the Salaries

23 and Expenses appropriations account: Provided, That any

24 amount to be transferred to and merged with appropria25 tions for Salaries and Expenses for any purpose shall be

26 treated as a reprogramming of funds under section 505 of
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1 this Act and shall not be available for obligation or expendi2 ture except in compliance with the procedures set forth in

3 that section.

4 ADMINISTRATIVE PROVISION—SMALL BUSINESS

5 ADMINISTRATION

6 Not to exceed 5 percent of any appropriation made

7 available for the current fiscal year for the Small Business

8 Administration in this Act may be transferred between such

9 appropriations, but no such appropriation shall be in10 creased by more than 10 percent by any such transfers: Pro11 vided, That any transfer pursuant to this paragraph shall

12 be treated as a reprogramming of funds under section 505

13 of this Act and shall not be available for obligation or ex14 penditure except in compliance with the procedures set forth

15 in that section.

16 STATE JUSTICE INSTITUTE

17 SALARIES AND EXPENSES

18 For necessary expenses of the State Justice Institute,

19 as authorized by the State Justice Institute Authorization

20 Act of 1992 (Public Law 102–572), $5,000,000: Provided,

21 That not to exceed $2,500 shall be available for official re22 ception and representation expenses.

23 TITLE V—GENERAL PROVISIONS

24 SEC. 501. The Departments of Commerce and Justice,

25 the National Aeronautics and Space Administration, the

26 Federal Communications Commission, the Securities and
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1 Exchange Commission, and the Small Business Adminis2 tration shall provide to the Committees on Appropriations

3 of the Senate and of the House of Representatives a quar4 terly accounting of the cumulative balances of any unobli5 gated funds that were made available to any such agency

6 in any previous appropriations Act.

7 SEC. 502. No part of any appropriation contained in

8 this Act shall remain available for obligation beyond the

9 current fiscal year unless expressly so provided herein.

10 SEC. 503. The expenditure of any appropriation under

11 this Act for any consulting service through procurement

12 contract, pursuant to 5 U.S.C. 3109, shall be limited to

13 those contracts where such expenditures are a matter of pub14 lic record and available for public inspection, except where

15 otherwise provided under existing law, or under existing

16 Executive order issued pursuant to existing law.

17 SEC. 504. If any provision of this Act or the applica18 tion of such provision to any person or circumstances shall

19 be held invalid, the remainder of the Act and the applica20 tion of each provision to persons or circumstances other

21 than those as to which it is held invalid shall not be affected

22 thereby.

23 SEC. 505. (a) None of the funds provided under this

24 Act, or provided under previous appropriations Acts to the

25 agencies funded by this Act that remain available for obli-
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1 gation or expenditure in fiscal year 2006, or provided from

2 any accounts in the Treasury of the United States derived

3 by the collection of fees available to the agencies funded by

4 this Act, shall be available for obligation or expenditure

5 through a reprogramming of funds that: (1) creates new

6 programs; (2) eliminates a program, project, or activity;

7 (3) increases funds or personnel by any means for any

8 project or activity for which funds have been denied or re9 stricted; (4) relocates an office or employees; (5) reorganizes

10 or renames offices; (6) reorganizes programs or activities;

11 or (7) contracts out or privatizes any functions or activities

12 presently performed by Federal employees; unless the Ap13 propriations Committees of both Houses of Congress are no14 tified 15 days in advance of such reprogramming of funds.

15 (b) None of the funds provided under this Act, or pro16 vided under previous appropriations Acts to the agencies

17 funded by this Act that remain available for obligation or

18 expenditure in fiscal year 2006, or provided from any ac19 counts in the Treasury of the United States derived by the

20 collection of fees available to the agencies funded by this

21 Act, shall be available for obligation or expenditure for ac22 tivities, programs, or projects through a reprogramming of

23 funds in excess of $1,000,000 or 10 percent, whichever is

24 less, that: (1) augments existing programs, projects (includ25 ing construction projects), or activities; (2) reduces by 10
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1 percent funding for any existing program, project, or activ2 ity, or numbers of personnel by 10 percent as approved by

3 Congress; or (3) results from any general savings from a

4 reduction in personnel which would result in a change in

5 existing programs, activities, or projects as approved by

6 Congress; unless the Appropriations Committees of both

7 Houses of Congress are notified 15 days in advance of such

8 reprogramming of funds: Provided, That transfers may not

9 be made from ‘‘Buildings and Facilities, Federal Prison

10 System’’ to any other Department of Justice account.

11 SEC. 506. Hereafter, none of the funds made available

12 in this Act or any other Act may be used for the construc13 tion, repair (other than emergency repair), overhaul, con14 version, or modernization of vessels for the National Oce15 anic and Atmospheric Administration in shipyards located

16 outside of the United States.

17 SEC. 507. If it has been finally determined by a court

18 or Federal agency that any person intentionally affixed a

19 label bearing a ‘‘Made in America’’ inscription, or any in20 scription with the same meaning, to any product sold in

21 or shipped to the United States that is not made in the

22 United States, the person shall be ineligible to receive any

23 contract or subcontract made with funds made available in

24 this Act, pursuant to the debarment, suspension, and ineli-
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1 gibility procedures described in sections 9.400 through

2 9.409 of title 48, Code of Federal Regulations.

3 SEC. 508. None of the funds appropriated or otherwise

4 made available by this Act or any other Act may be used

5 to implement, enforce, or otherwise abide by the Memo6 randum of Agreement signed by the Federal Trade Commis7 sion and the Antitrust Division of the Department of Jus8 tice on March 5, 2002.

9 SEC. 509. Section 704 of the Public Works and Eco10 nomic Development Act of 1965 (42 U.S.C. 3234) shall not

11 apply to any funds made available by this Act or an

12 amendment made by this Act.

13 SEC. 510. Any costs incurred by a department or agen14 cy funded under this Act resulting from personnel actions

15 taken in response to funding reductions included in this

16 Act shall be absorbed within the total budgetary resources

17 available to such department or agency: Provided, That the

18 authority to transfer funds between appropriations ac19 counts as may be necessary to carry out this section is pro20 vided in addition to authorities included elsewhere in this

21 Act: Provided further, That use of funds to carry out this

22 section shall be treated as a reprogramming of funds under

23 section 505 of this Act and shall not be available for obliga24 tion or expenditure except in compliance with the proce25 dures set forth in that section.
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1 SEC. 511. Of the funds appropriated in this Act under

2 the heading ‘‘Office of Justice Programs—State and Local

3 Law Enforcement Assistance’’, not more than 90 percent

4 of the amount to be awarded to an entity under the Local

5 Law Enforcement Block Grant shall be made available to

6 such an entity when it is made known to the Federal official

7 having authority to obligate or expend such funds that the

8 entity that employs a public safety officer (as such term

9 is defined in section 1204 of title I of the Omnibus Crime

10 Control and Safe Streets Act of 1968) does not provide such

11 a public safety officer who retires or is separated from serv12 ice due to injury suffered as the direct and proximate result

13 of a personal injury sustained in the line of duty while re14 sponding to an emergency situation or a hot pursuit (as

15 such terms are defined by State law) with the same or better

16 level of health insurance benefits at the time of retirement

17 or separation as they received while on duty.

18 SEC. 512. None of the funds provided by this Act shall

19 be available to promote the sale or export of tobacco or to20 bacco products, or to seek the reduction or removal by any

21 foreign country of restrictions on the marketing of tobacco

22 or tobacco products, except for restrictions which are not

23 applied equally to all tobacco or tobacco products of the

24 same type.
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1 SEC. 513. Notwithstanding any other provision of law,

2 amounts deposited or available in the Fund established

3 under 42 U.S.C. 10601 in any fiscal year in excess of

4 $625,000,000 shall not be available for obligation until the

5 following fiscal year.

6 SEC. 514. Of the amounts made available under the

7 heading ‘‘Small Business Administration, Salaries and Ex8 penses’’, $50,000,000 shall be available for programs de9 scribed in the statement accompanying this Act.

10 SEC. 515. None of the funds appropriated pursuant

11 to this Act or any other provision of law may be used for—

12 (1) the implementation of any tax or fee in con13 nection with the implementation of subsection 922(t)

14 of title 18, United States Code; and

15 (2) any system to implement subsection 922(t) of

16 title 18, United States Code, that does not require and

17 result in the destruction of any identifying informa18 tion submitted by or on behalf of any person who has

19 been determined not to be prohibited from possessing

20 or receiving a firearm no more than 24 hours after

21 the system advises a Federal firearms licensee that

22 possession or receipt of a firearm by the prospective

23 transferee would not violate subsection (g) or (n) of

24 section 922 of title 18, United States Code, or State

25 law.
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1 SEC. 516. All disaster loans issued in Alaska or North

2 Dakota shall be administered by the Small Business Ad3 ministration and shall not be sold during fiscal year 2006.

4 SEC. 517. None of the funds made available in this

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except pur7 suant to a transfer made by, or transfer authority provided

8 in, this Act or any other appropriations Act.

9 SEC. 518. The Secretary of Commerce shall represent

10 the United States Government in negotiating and moni11 toring international agreements regarding fisheries, marine

12 mammals, or sea turtles: Provided, That the Secretary of

13 Commerce shall be responsible for the development and

14 interdepartmental coordination of the policies of the United

15 States with respect to the international negotiations and

16 agreements referred to in this section.

17 SEC. 519. Any funds provided in this Act used to im18 plement E-Government Initiatives shall be subject to the

19 procedures set forth in section 505 of this Act.

20 SEC. 520. UNIVERSAL SERVICE SUPPORT. None of the

21 funds appropriated by this Act may be used by the Federal

22 Communications Commission to modify, amend, or change

23 its rules or regulations for universal service support pay24 ments to implement the February 27, 2004 recommenda25 tions of the Federal-State Joint Board on Universal Service
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1 regarding single connection or primary line restrictions on

2 universal service support payments.

3 SEC. 521. (a) Tracing studies conducted by the Bureau

4 of Alcohol, Tobacco, Firearms and Explosives are released

5 without adequate disclaimers regarding the limitations of

6 the data.

7 (b) The Bureau of Alcohol, Tobacco, Firearms and Ex8 plosives shall include in all such data releases, language

9 similar to the following that would make clear that trace

10 data cannot be used to draw broad conclusions about fire11 arms-related crime:

12 (1) Firearm traces are designed to assist law en13 forcement authorities in conducting investigations by

14 tracking the sale and possession of specific firearms.

15 Law enforcement agencies may request firearms traces

16 for any reason, and those reasons are not necessarily

17 reported to the Federal Government. Not all firearms

18 used in crime are traced and not all firearms traced

19 are used in crime.

20 (2) Firearms selected for tracing are not chosen

21 for purposes of determining which types, makes or

22 models of firearms are used for illicit purposes. The

23 firearms selected do not constitute a random sample

24 and should not be considered representative of the

25 larger universe of all firearms used by criminals, or
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1 any subset of that universe. Firearms are normally

2 traced to the first retail seller, and sources reported

3 for firearms traced do not necessarily represent the

4 sources or methods by which firearms in general are

5 acquired for use in crime.

6 SEC. 522. (a) For the period beginning on October 1,

7 2005, and ending on April 1, 2006, none of the funds made

8 available by this or any other Act may be used to pay the

9 salaries or expenses of any employee of any agency or office

10 to implement any change to part 302, 303, 306, or 318 of

11 title 13, Code of Federal Regulations (as in effect on Decem12 ber 14, 1999), pursuant to the interim final rule published

13 August 11, 2005 (70 Fed. Reg. 47002; relating to the imple14 mentation of, and regulatory revision under, the Economic

15 Development Reauthorization Act (Public Law 108–373;

16 118 Stat. 1756)).

17 (b) Notwithstanding the interim final rule described

18 in subsection (a), the public comment period with respect

19 to parts 302, 303, 306, and 318 of title 13, Code of Federal

20 Regulations, shall be not less than 30 days.

21 SEC. 523. SENSE OF THE SENATE.—(a) FINDINGS.—

22 The Senate finds the following:

23 (1) In a time of national catastrophe, it is the

24 responsibility of Congress and the Executive Branch
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1 to take quick and decisive action to help those in

2 need.

3 (2) The size, scope, and complexity of Hurricane

4 Katrina are unprecedented, and the emergency re5 sponse and long-term recovery efforts will be extensive

6 and require significant resources.

7 (3) It is the responsibility of Congress and the

8 Executive Branch to ensure the financial stability of

9 the nation by being good stewards of Americans’

10 hard-earned tax dollars.

11 (b) SENSE OF THE SENATE.—It is the sense of the Sen12 ate that any funding directive contained in this Act, or its

13 accompanying report, that is not specifically authorized in

14 any Federal law as of the date of enactment of this section,

15 or Act or resolution passed by the Senate during the 1st

16 Session of the 109th Congress prior to such date, or pro17 posed in pursuance to an estimate submitted in accordance

18 with law, that is for the benefit of an identifiable program,

19 project, activity, entity, or jurisdiction and is not directly

20 related to the impact of Hurricane Katrina, may be redi21 rected to recovery efforts if the appropriate head of an agen22 cy or department determines, after consultation with appro23 priate Congressional Committees, that the funding directive

24 is not of national significance or is not in the public inter25 est.
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1 SEC. 524. (a) It is the sense of Congress that all au2 thorities with jurisdiction, including the Federal Bureau of

3 Investigation and other entities within the Department of

4 Justice, should—

5 (1) expeditiously investigate unsolved civil rights

6 murders, due to the amount of time that has passed

7 since the murders and the age of potential witnesses;

8 and

9 (2) provide all the resources necessary to ensure

10 timely and thorough investigations in the cases in11 volved.

12 (b) In this section:

13 (1) The term ‘‘Chief’’ means the Chief of the Sec14 tion.

15 (2) The term ‘‘criminal civil rights statutes’’

16 means—

17 (A) section 241 of title 18, United States

18 Code (relating to conspiracy against rights);

19 (B) section 242 of title 18, United States

20 Code (relating to deprivation of rights under

21 color of law);

22 (C) section 245 of title 18, United States

23 Code (relating to federally protected activities);
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1 (D) sections 1581 and 1584 of title 18,

2 United States Code (relating to involuntary ser3 vitude and peonage);

4 (E) section 901 of the Fair Housing Act (42

5 U.S.C. 3631); and

6 (F) any other Federal law that—

7 (i) was in effect on or before December

8 31, 1969; and

9 (ii) the Criminal Section of the Civil

10 Rights Division of the Department of Jus11 tice enforced, prior to the date of enactment

12 of this Act.

13 (3) The term ‘‘Section’’ (except when used as

14 part of the term ‘‘Criminal Section’’) means the Un15 solved Crimes Section established under subsection

16 (c).

17 (c)(1) There is established in the Civil Rights Division

18 of the Department of Justice an Unsolved Crimes Section.

19 The Section shall be headed by a Chief of the Section.

20 (2)(A) Notwithstanding any other provision of Federal

21 law, the Chief shall be responsible for investigating and

22 prosecuting violations of criminal civil rights statutes, in

23 each case in which a complaint alleges that such a

24 violation—
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1 (i) occurred not later than December 31, 1969;

2 and

3 (ii) resulted in a death.

4 (B) After investigating a complaint under subpara5 graph (A), if the Chief determines that an alleged practice

6 that is a violation of a criminal civil rights statute occurred

7 in a State, or political subdivision of a State, that has a

8 State or local law prohibiting the practice alleged and es9 tablishing or authorizing a State or local official to grant

10 or seek relief from such practice or to institute criminal

11 proceedings with respect to the practice on receiving notice

12 of the practice, the Chief shall consult with the State or

13 local official regarding the appropriate venue for the case

14 involved.

15 (C) After investigating a complaint under subpara16 graph (A), the Chief shall refer the complaint to the Crimi17 nal Section of the Civil Rights Division, if the Chief deter18 mines that the subject of the complaint has violated a crimi19 nal civil rights statute in the case involved but the violation

20 does not meet the requirements of clause (i) or (ii) of sub21 paragraph (A).

22 (3)(A) The Chief shall annually conduct a study of the

23 cases under the jurisdiction of the Chief and, in conducting

24 the study, shall determine the cases—
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1 (i) for which the Chief has sufficient evidence to

2 prosecute violations of criminal civil rights statutes;

3 and

4 (ii) for which the Chief has insufficient evidence

5 to prosecute those violations.

6 (B) Not later than September 30 of 2006 and of each

7 subsequent year, the Chief shall prepare and submit to Con8 gress a report containing the results of the study conducted

9 under subparagraph (A), including a description of the

10 cases described in subparagraph (A)(ii).

11 (4)(A) There is authorized to be appropriated to carry

12 out this subsection $5,000,000 for fiscal year 2006 and each

13 subsequent fiscal year.

14 (B) Any funds appropriated under this paragraph

15 shall consist of additional appropriations for the activities

16 described in this subsection, rather than funds made avail17 able through reductions in the appropriations authorized

18 for other enforcement activities of the Department of Jus19 tice.

20 SEC. 525. Of the funds appropriated to the Federal

21 Trade Commission by this Act, not less than $1,000,000

22 shall be used by the Commission to conduct an immediate

23 investigation into nationwide gasoline prices in the after24 math of Hurricane Katrina; Provided, That the investiga25 tion shall include (1) any evidence of price-gouging by com-
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1 panies with total United States wholesale sales of gasoline

2 and petroleum distillates for calendar 2004 in excess of

3 $500,000,000 and by any retail distributor of gasoline and

4 petroleum distillates against which multiple formal com5 plaints (that identify the location of a particular retail dis6 tributor and provide contact information for the complain7 ant) of price-gouging were filed in August or September,

8 2005, with a Federal or State consumer protection agency,

9 (2) a comparison of, and an explanation of the reasons for

10 changes in, profit levels of such companies during the 12-

11 month period ending on August 31, 2005, and their profit

12 levels for the month of September, 2005, including informa13 tion for particular companies on a basis that does not per14 mit the identification of any company to which the infor15 mation relates, (3) a summary of tax expenditures (as de16 fined in section 3(3) of the Congressional Budget and Im17 poundment Control Act of 1974 (2 U.S.C. 622(3)) for such

18 companies, (4) the effects of increased gasoline prices and

19 gasoline price-gouging on economic activity in the United

20 States, and (5) the overall cost of increased gasoline prices

21 and gasoline price-gouging to the economy, including the

22 impact on consumers’ purchasing power in both declared

23 State and National disaster areas and elsewhere; Provided

24 further, That, in conducting its investigation, the Commis25 sion shall treat as evidence of price-gouging any finding
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1 that the average price of gasoline available for sale to the

2 public in September, 2005, or thereafter in a market area

3 located in an area designated as a State or National dis4 aster area because of Hurricane Katrina, or in any other

5 area where price-gouging complaints have been filed because

6 of Hurricane Katrina with a Federal or State consumer

7 protection agency, exceeded the average price of such gaso8 line in that area for the month of August, 2005, unless the

9 Commission finds substantial evidence that the increase is

10 substantially attributable to additional costs in connection

11 with the production, transportation, delivery, and sale of

12 gasoline in that area or to national or international market

13 trends; Provided further, That in any areas of markets in

14 which the Commission determines price increases are due

15 to factors other than the additional costs, it shall also notify

16 the appropriate State agency of its findings; Provided fur17 ther, That the Commission shall provide information on the

18 progress of the investigation to the Senate and House Ap19 propriations Committees, the Senate Committee on Com20 merce, Science, and Transportation, and the House of Rep21 resentatives Committee on Energy and Commerce every 30

22 days after the date of enactment of this Act, shall provide

23 those Committees a written interim report 90 days after

24 such date, and shall transmit a final report to those Com25 mittees, together with its findings and recommendations, no
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1 later than 180 days after the date of enactment of this Act;

2 Provided further, That the Commission shall transmit rec3 ommendations, based on its findings, to the Congress for

4 any legislation necessary to protect consumers from gasoline

5 price-gouging in both State and National disaster areas

6 and elsewhere; Provided further, That chapter 35 of title

7 44, United States Code, does not apply to the collection of

8 information for the investigation required by this section;

9 Provided further, That if, during the investigation, the

10 Commission obtains evidence that a person may have vio11 lated a criminal law, the Commission may transmit that

12 evidence to appropriate Federal or State authorities; and

13 Provided further, That nothing in this section affects any

14 other authority of the Commission to disclose information.

15 HURRICANE KATRINA ASSISTANCE VOUCHERS

16 SEC. 526. HURRICANE KATRINA EMERGENCY ASSIST17 ANCE VOUCHERS.—(a) SHORT TITLE.—This section may

18 be cited as the ‘‘Helping to House the Victims of Hurricane

19 Katrina Act of 2005’’.

20 (b) HURRICANE KATRINA EMERGENCY ASSISTANCE

21 VOUCHERS.—Section 8(o) of the United States Housing Act

22 of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the

23 end the following:

24 ‘‘(20) HURRICANE KATRINA EMERGENCY ASSIST25 ANCE VOUCHERS.—
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1 ‘‘(A) IN GENERAL.—During the 6-month pe2 riod beginning on the date of enactment of the

3 Helping to House the Victims of Hurricane

4 Katrina Act of 2005, the Secretary shall provide

5 temporary rental assistance to any individual or

6 family, if—

7 ‘‘(i) the individual or family resides,

8 or resided on August 29, 2005, in any area

9 that is subject to a declaration by the Presi10 dent of a major disaster or emergency under

11 the Robert T. Stafford Disaster Relief and

12 Emergency Assistance Act (42 U.S.C. 5121

13 et seq.) in connection with Hurricane

14 Katrina; and

15 ‘‘(ii) the residence of the individual or

16 family became uninhabitable or inaccessible

17 as result of that major disaster or emer18 gency.

19 ‘‘(B) REGULATIONS.—Not later than 30

20 days after the date of enactment of the Helping

21 to House the Victims of Hurricane Katrina Act

22 of 2005, the Secretary shall issue final rules to

23 establish the procedures applicable to the

24 issuance of assistance under subparagraph (A).
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1 ‘‘(C) NOTICE.—The Secretary, in consulta2 tion with the Director of the Federal Emergency

3 Management Agency and such other agencies as

4 the Secretary determines appropriate, shall es5 tablish procedures for providing notice of the

6 availability of assistance under this paragraph

7 to individuals or families that may be eligible

8 for such assistance.

9 ‘‘(D) AUTHORITY TO CONTRACT WITH PHA’S

10 AND OTHERS.—The Secretary may contract with

11 any State or local government agency or public

12 housing agency, or in consultation with any

13 State or local government agency, with any other

14 entity, to ensure that assistance payments under

15 this paragraph are provided in an efficient and

16 expeditious manner.

17 ‘‘(E) WAIVER OF ELIGIBILITY REQUIRE18 MENTS.—In providing assistance under this

19 paragraph, the Secretary shall waive the require20 ments under—

21 ‘‘(i) paragraph (2), relating to tenant

22 contributions towards rent, except that any

23 such waiver shall expire on an individual’s

24 return to work;
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1 ‘‘(ii) paragraph (4), relating to the eli2 gibility of individuals to receive assistance;

3 ‘‘(iii) subsection (k) and paragraph (5)

4 of this subsection, relating to verification of

5 income;

6 ‘‘(iv) paragraph (7)(A), relating to the

7 requirement that leases shall be for a term

8 of 1 year;

9 ‘‘(v) paragraph (8), relating to initial

10 inspection of housing units by a public

11 housing agency; and

12 ‘‘(vi) subsection (r)(1)(B), relating to

13 restrictions on portability.

14 ‘‘(F) USE OF FUNDS.—Notwithstanding any

15 other provision of law, funds available for assist16 ance under this paragraph—

17 ‘‘(i) shall be made available by the Sec18 retary to individuals to cover the cost of—

19 ‘‘(I) rent;

20 ‘‘(II) security and utility deposits;

21 ‘‘(III) relocation expenses, includ22 ing expenses incurred in relocating

23 back to the major disaster area when

24 such relocation is permitted; and
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1 ‘‘(IV) such additional expenses as

2 the Secretary determines necessary;

3 and

4 ‘‘(ii) shall be used by the Secretary—

5 ‘‘(I) for payments to public hous6 ing agencies, State or local government

7 agencies, or other voucher administra8 tors for vouchers used to assist individ9 uals or families affected by the major

10 disaster or emergency described in this

11 paragraph up to their authorized level

12 of vouchers, if any such vouchers are

13 not otherwise funded; and

14 ‘‘(II) to provide operating sub15 sidies to public housing agencies for

16 public housing units provided to indi17 viduals or families affected by the

18 major disaster or emergency described

19 in this paragraph, if such a subsidy

20 was not previously provided for those

21 units.

22 ‘‘(G) PAYMENT STANDARD.—For purposes

23 of this paragraph, the payment standard for

24 each size of dwelling unit in a market area may

25 not exceed 150 percent, or higher if the Secretary
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1 approves of such increase, of the fair market

2 rental established under subsection (c) for the

3 same size dwelling unit in the same market area,

4 and shall be not less than 90 percent of that fair

5 market rental.

6 ‘‘(H) NONDISCRIMINATION.—In selecting in7 dividuals or families for tenancy, a landlord or

8 owner may not exclude or penalize an individual

9 or family solely because any portion of the rental

10 payment of that individual or family is provided

11 under this paragraph.

12 ‘‘(I) TERMINATION OF ASSISTANCE.—Assist13 ance provided under this paragraph shall—

14 ‘‘(i) terminate 6 months after the date

15 on which such assistance was received; and

16 ‘‘(ii) extend for an additional 6

17 months unless at that time the Secretary

18 makes a determination that assistance

19 under this paragraph is no longer needed.

20 ‘‘(21) ASSISTANCE FOR CURRENT VOUCHER RE21 CIPIENTS AFFECTED BY HURRICANE KATRINA.—

22 ‘‘(A) IN GENERAL.—The Secretary shall

23 waive any of the requirements described in

24 clauses (i) through (vi) of paragraph (20)(E) for
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1 any individual or family receiving assistance

2 under this section on August 29, 2005, if—

3 ‘‘(i) the individual or family resides,

4 or resided on August 29, 2005, in any area

5 that is subject to a declaration by the Presi6 dent of a major disaster or emergency under

7 the Robert T. Stafford Disaster Relief and

8 Emergency Assistance Act (42 U.S.C. 5121

9 et seq.) in connection with Hurricane

10 Katrina; and

11 ‘‘(ii) the residence of the individual or

12 family became uninhabitable or inaccessible

13 as result of that major disaster or emer14 gency.

15 ‘‘(B) ADDITIONAL USES OF FUNDS.—Not16 withstanding any other provision of law, the

17 Secretary shall provide, as the Secretary deter18 mines appropriate, supplemental assistance to

19 an individual or family receiving assistance

20 under this section on August 29, 2005, and meet21 ing the requirements described in subparagraph

22 (A), to assist the individual or family with the

23 additional costs of relocating to new housing, in24 cluding to cover—
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1 ‘‘(i) the additional cost of rent and

2 utilities;

3 ‘‘(ii) security and utility deposits;

4 ‘‘(iii) relocation expenses, including ex5 penses incurred in relocating back to the

6 major disaster area when such relocation is

7 permitted; and

8 ‘‘(iv) such additional expenses as the

9 Secretary determines necessary.

10 ‘‘(C) PAYMENT STANDARD.—For purposes of

11 this paragraph, the payment standard for each

12 size of dwelling unit in a market area may not

13 exceed 150 percent, or higher if the Secretary ap14 proves of such increase, of the fair market rental

15 established under subsection (c) for the same size

16 dwelling unit in the same market area, and shall

17 be not less than 90 percent of that fair market

18 rental.

19 ‘‘(D) NONDISCRIMINATION.—A landlord or

20 owner may not exclude or penalize an individual

21 or family solely because that individual or fam22 ily is eligible for any waivers or benefits pro23 vided under this paragraph.
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1 ‘‘(E) TERMINATION OF AUTHORITY.—The

2 authority of the Secretary to provide assistance

3 under this paragraph shall—

4 ‘‘(i) apply during the 6-month period

5 beginning on the date of enactment of the

6 Helping to House the Victims of Hurricane

7 Katrina Act of 2005; and

8 ‘‘(ii) extend for an additional 6

9 months after that period, unless if at that

10 time the Secretary makes a determination

11 that assistance under this paragraph is no

12 longer needed.

13 ‘‘(22) AUTHORITY OF THE SECRETARY TO DI14 RECTLY ADMINISTER VOUCHERS WHEN PHA’S ARE UN15 ABLE TO DO SO.—If the Secretary determines that a

16 public housing agency is unable to implement the

17 provisions of this subsection due to the effects of Hur18 ricane Katrina, the Secretary may—

19 ‘‘(A) directly administer any voucher pro20 gram described in paragraphs (1) through (20);

21 and

22 ‘‘(B) perform the functions assigned to a

23 public housing agency by this subsection.’’.

24 (c) REPORT ON INVENTORY OF AVAILABILITY OF TEM25 PORARY HOUSING.—Not later than 10 days after the date
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1 of enactment of this Act, the Secretary of Defense, the Ad2 ministrator of the General Services Administration, the

3 Secretary of Agriculture, and such other agency heads as

4 the Secretary determines appropriate, shall compile and re5 port to the Secretary an inventory of Federal civilian and

6 defense facilities that can be used—

7 (1) to provide emergency housing; or

8 (2) as locations for the construction or deploy9 ment of temporary housing units.

10 (d) APPROPRIATION OF FUNDING.—

11 (1) IN GENERAL.—There are authorized to be ap12 propriated and are appropriated $3,500,000,000 to

13 provide assistance under this Act.

14 (2) EMERGENCY DESIGNATION.—The amount ap15 propriated under paragraph (1) is designated as an

16 emergency requirement pursuant to section 402 of H.

17 Con. Res. 95 (109th Congress).

18 TRADE REMEDY LAWS

19 SEC. 527. None of the funds appropriated or otherwise

20 made available by this Act may be used in a manner that

21 is inconsistent with the principle negotiating objective of

22 the United States with respect to trade remedy laws to pre23 serve the ability of the United States—

24 ‘‘(1) to enforce vigorously its trade laws, includ25 ing the antidumping, countervailing duty, and safe26 guard laws;
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1 ‘‘(2) to avoid agreements that—

2 ‘‘(A) lessen the effectiveness of domestic and

3 international disciplines on unfair trade, espe4 cially dumping and subsidies; or

5 ‘‘(B) lessen the effectiveness of domestic and

6 international safeguard provisions, in order to

7 ensure that United States workers, agricultural

8 producers, and firms can compete fully on fair

9 terms and enjoy the benefits of reciprocal trade

10 concessions; and

11 ‘‘(3) to address and remedy market distortions

12 that lead to dumping and subsidization, including

13 overcapacity, cartelization, and market-access bar14 riers.’’.

15 WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS

16 SEC. 528. WAIVER OF LICENSING AND CERTIFICATION

17 REQUIREMENTS APPLICABLE TO CERTAIN HEALTH PRO18 FESSIONALS.—(a) IN GENERAL.—Notwithstanding any

19 other provision of law, an eligible health professional may

20 provide health-related services under the medicare, med21 icaid, or SCHIP program under title XVIII, XIX, or XXI

22 of the Social Security Act (42 U.S.C. 1395 et seq., 1396

23 et seq., and 1397 et seq.) and under Indian Health Service

24 programs, regardless of the licensing or certification laws

25 of the State in which such services are being provided, dur26 ing the 90-day period that begins on the date on which eligi-
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1 bility is determined by the State licensing board of the State

2 in which such professional will provide health-related serv3 ices under this subsection.

4 (b) ELIGIBLE HEALTH PROFESSIONAL.—To be eligible

5 to provide health-related services in a State during the pe6 riod referred to in subsection (a) without State licensure

7 or certification, a health professional shall—

8 (1) be a physician, nurse, dentist, pharmacist,

9 mental health professional, or allied health profession,

10 or any other professional determined appropriate by

11 the Secretary of Health and Human Services;

12 (2) have a valid license from, or be certified in,

13 at least one of the States affected by Hurricane

14 Katrina, as described in subsection (d), and not be af15 firmatively barred from practicing in that State;

16 (3) have been evacuated from Louisiana or Mis17 sissippi as a result of Hurricane Katrina; and

18 (4) have applied, prior to March 31, 2006, for a

19 license or certification in the State in which such pro20 fessional will provide the health-related services under

21 subsection (a) without State licensure or certification.

22 (c) EVIDENCE OF LICENSURE.—

23 (1) IN GENERAL.—A State may develop a proc24 ess to verify the licensing credentials of a health pro25 fessional to which this section applies if the profes-
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1 sional has no official evidence of licensure in his or

2 her possession.

3 (2) FRAUD.—An individual who wilfully pro4 vides any false or misleading information to a Fed5 eral, State, or local official for purposes of being cov6 ered under the provisions of this section shall, in ad7 dition to any State penalties that may apply, be sub8 ject to a fine, as determined appropriate by the Attor9 ney General in accordance with title 18, United

10 States Code.

11 (d) STATES DESCRIBED.—The States described in this

12 subsection are Louisiana and Mississippi.

13 (e) LIMITATION.—A health professional may only elect

14 to utilize the provisions of this section for a single 90-day

15 period.

16 (f) RULE OF CONSTRUCTION.—Nothing in this section

17 shall be construed as altering or affecting any procedures

18 adopted by State health professional licensing or certifi19 cation boards relating to waivers of licensing and certifi20 cation requirements for health professionals affected by

21 Hurricane Katrina.

22 (g) DEFINITION.—In this section, the term ‘‘health-re23 lated services’’, as such term is applied to health profes24 sional under this section, means services provided by a

25 health professional that are consistent with the scope of
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1 practice of the professional in the State in which such pro2 fessional is seeking licensure or certification.

3 DISASTER RELIEF

4 SEC. 529. SMALL BUSINESS, HOMEOWNERS, AND

5 RENTERS DISASTER RELIEF.—(a) DISASTER LOANS.—

6 Section 7(b) of the Small Business Act (15 U.S.C. 636(b))

7 is amended by inserting immediately after paragraph (3)

8 the following:

9 ‘‘(4) DISASTER LOANS AFTER HURRICANE

10 KATRINA.—

11 ‘‘(A) ADDITIONAL LOAN AUTHORITY.—

12 ‘‘(i) LOANS TO SMALL BUSINESSES.—

13 In addition to any other loan authorized by

14 this subsection, the Administrator may

15 make such loans under this subsection (ei16 ther directly or in cooperation with banks

17 or other lending institutions through agree18 ments to participate on an immediate or

19 deferred basis) as the Administrator deter20 mines appropriate to a small business con21 cern or small agricultural cooperative that

22 demonstrates a direct adverse economic im23 pact caused by Hurricane Katrina, based

24 on such criteria as the Administrator may

25 set by rule, regulation, or order.
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1 ‘‘(ii) LOANS TO NONPROFITS.—In ad2 dition to any other loan authorized by this

3 subsection, the Administrator may make

4 such loans under this subsection (either di5 rectly or in cooperation with banks or other

6 lending institutions through agreements to

7 participate on an immediate or deferred

8 basis) as the Administrator determines ap9 propriate to a non-profit organization for

10 purposes of repairing damage caused by

11 Hurricane Katrina or performing other

12 hurricane relief services in a damaged area.

13 ‘‘(B) INCREASED LOAN CAPS.—

14 ‘‘(i) AGGREGATE LOAN AMOUNTS.—Ex15 cept as provided in clause (ii), the aggregate

16 loan amount outstanding and committed to

17 a qualified borrower in a damaged area

18 under this paragraph may not exceed

19 $10,000,000.

20 ‘‘(ii) WAIVER AUTHORITY.—The Ad21 ministrator may, at the discretion of the

22 Administrator, waive the aggregate loan

23 amount established under clause (i).

24 ‘‘(C) DEFERMENT OF DISASTER LOAN PAY25 MENTS.—
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1 ‘‘(i) IN GENERAL.—Notwithstanding

2 any other provision of law, payments of

3 principal and interest on a loan to a quali4 fied borrower located in a damaged area

5 made under this subsection before, on, or

6 after the date of enactment of this para7 graph shall be deferred, and no interest

8 shall accrue with respect to such loan, dur9 ing the time period described in clause (ii).

10 ‘‘(ii) TIME PERIOD.—The time period

11 for purposes of clause (i) shall be 1 year

12 from the later of the date of enactment of

13 this paragraph or the date of issuance of a

14 loan described in clause (i), but may be ex15 tended to 2 years from such date, at the dis16 cretion of the Administrator.

17 ‘‘(iii) RESUMPTION OF PAYMENTS.—At

18 the end of the time period described in

19 clause (ii), the payment of periodic install20 ments of principal and interest shall be re21 quired with respect to such loan, in the

22 same manner and subject to the same terms

23 and conditions as would otherwise be appli24 cable to any other loan made under this

25 subsection.
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1 ‘‘(D) DEFINITIONS.—In this paragraph, the

2 following definitions shall apply:

3 ‘‘(i) DAMAGED AREA.—The term ‘dam4 aged area’ means an area which the Presi5 dent has designated as a disaster area as a

6 result of Hurricane Katrina of August

7 2005.

8 ‘‘(ii) QUALIFIED BORROWER.—The

9 term ‘qualified borrower’ means a small

10 business concern or non-profit

11 organization—

12 ‘‘(I) located in a damaged area;

13 or

14 ‘‘(II) located in a State contig15 uous to a damaged area that is using,

16 or intends to use, a loan made under

17 this subsection for purposes of rebuild18 ing or conducting operations in a

19 damaged area.’’.

20 (b) DEVELOPMENT COMPANY DEBENTURES.—Section

21 503 of the Small Business Investment Act of 1958 (15

22 U.S.C. 697) is amended by adding at the end the following:

23 ‘‘(j) DEBENTURES AFTER HURRICANE KATRINA.—

24 ‘‘(1) AUTHORITY.—
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1 ‘‘(A) IN GENERAL.—In addition to any

2 other guarantee authorized by this section, the

3 Administrator may guarantee the timely pay4 ment of all principal and interest as scheduled

5 on any debenture issued for purposes of rebuild6 ing or resuming operations in a damaged area,

7 as the Administrator determines appropriate.

8 ‘‘(B) TERMS.—The Administrator shall es9 tablish a fee for a guarantee issued under sub10 paragraph (A) that is lower than that for other

11 guarantees under this section.

12 ‘‘(2) EXISTING GUARANTEES.—

13 ‘‘(A) IN GENERAL.—Notwithstanding any

14 other provision of law, the Administrator may

15 temporarily defer payments of principal and in16 terest on a guarantee made under this section be17 fore the date of enactment of this subsection to a

18 small business concern in a damaged area, in

19 any case in which the payments are owed to the

20 Administration.

21 ‘‘(B) PAYMENTS TO OTHER PARTIES.—Not22 withstanding any other provision of law, the Ad23 ministrator may temporarily make payments of

24 principal and interest on a loan made under

25 this section before the date of enactment of this
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1 subsection to a small business concern in a dam2 aged area, in any case in which the payments

3 are owed to a person other than the Administra4 tion.

5 ‘‘(C) TERMINATION OF AUTHORITY.—The

6 authority to defer, or make, payments under this

7 paragraph shall terminate 1 year after the date

8 of enactment of this subsection.

9 ‘‘(3) DEFINITIONS.—In this subsection, the fol10 lowing definitions shall apply:

11 ‘‘(A) DAMAGED AREA.—The term ‘damaged

12 area’ means an area which the President has

13 designated as a disaster area as a result of Hur14 ricane Katrina of August 2005.

15 ‘‘(B) QUALIFIED BORROWER.—The term

16 ‘qualified borrower’ means a small business

17 concern—

18 ‘‘(i) located in a damaged area; or

19 ‘‘(ii) that demonstrates a direct adverse

20 economic impact caused by Hurricane

21 Katrina, based on such criteria as the Ad22 ministrator may set by rule, regulation, or

23 order.’’.

24 (c) SMALL BUSINESS EMERGENCY RELIEF.—

25 (1) DEFINITIONS.—As used in this subsection—
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1 (A) the term ‘‘small business concern’’ has

2 the same meaning as in section 3 of the Small

3 Business Act; and

4 (B) the terms ‘‘Administration’’ and ‘‘Ad5 ministrator’’ mean the Small Business Adminis6 tration and the Administrator thereof, respec7 tively.

8 (2) BUSINESS LOAN PROGRAMS.—Section 20(e)

9 of the Small Business Act (15 U.S.C. 631 note) is

10 amended—

11 (A) by striking ‘‘$25,050,000,000’’ and in12 serting ‘‘$30,550,000,000’’; and

13 (B) in paragraph (1)(B)—

14 (i) by striking ‘‘$17,000,000,000’’ and

15 inserting ‘‘$20,000,000,000’’;

16 (ii) by striking ‘‘$7,500,000,000’’ and

17 inserting ‘‘$10,000,000,000’’; and

18 (C) by striking ‘‘25,050,000,000’’ and in19 serting ‘‘30,550,000,000’’.

20 (3) GRANTS TO STATES DAMAGED BY HURRICANE

21 KATRINA.—There is authorized to be appropriated,

22 and there is appropriated, to the Department of Com23 merce $400,000,000 to provide, through appropriate

24 government agencies in Louisiana, Alabama, Mis25 sissippi, Texas, and Florida, to provide bridge grants
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1 and loans to small business concerns located in the

2 area which the President has designated as a disaster

3 area as a result of Hurricane Katrina, to assist in

4 covering costs of such concerns until they are able to

5 obtain loans through Administration assistance pro6 grams or other sources.

7 (4) DISASTER LOAN ADDITIONAL AMOUNTS.—In

8 addition to any other amounts otherwise appro9 priated for such purpose, there is authorized to be ap10 propriated, and there is appropriated, to the Admin11 istration $86,000,000, to make loans under section

12 7(b) of the Small Business Act.

13 (5) OTHER DISASTER LOANS FOLLOWING HURRI14 CANE KATRINA.—

15 (A) IN GENERAL.—Paragraph (4) of section

16 7(b) of the Small Business Act (15 U.S.C.

17 636(b)), as added by this Act, is amended by

18 adding at the end the following:

19 ‘‘(E) REFINANCING DISASTER LOANS AFTER

20 HURRICANE KATRINA.—

21 ‘‘(i) IN GENERAL.—Any loan made

22 under this subsection that was outstanding

23 as to principal or interest on August 24,

24 2005, may be refinanced by a small busi25 ness concern that is located in an area des-
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1 ignated by the President as a disaster area

2 as a result of Hurricane Katrina of 2005

3 (in this paragraph referred to as the ‘dis4 aster area’), and the refinanced amount

5 shall be considered to be part of the new

6 loan for purposes of this subparagraph.

7 ‘‘(ii) NO EFFECT ON ELIGIBILITY.—A

8 refinancing under clause (i) by a small

9 business concern shall be in addition to any

10 other loan eligibility for that small business

11 concern under this Act.

12 ‘‘(F) REFINANCING BUSINESS DEBT.—

13 ‘‘(i) IN GENERAL.—Any business debt

14 of a small business concern that was out15 standing as to principal or interest on Au16 gust 24, 2005, may be refinanced by the

17 small business concern if it is located in the

18 disaster area. With respect to a refinancing

19 under this clause, payments of principal

20 shall be deferred, and interest may accrue,

21 during the 1-year period following the date

22 of refinancing, and the refinanced amount

23 shall be considered to be part of a new loan

24 for purposes of this subparagraph.
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1 ‘‘(ii) RESUMPTION OF PAYMENTS.—At

2 the end of the 1-year period described in

3 clause (i), the payment of periodic install4 ments of principal and interest shall be re5 quired with respect to such loan, in the

6 same manner and subject to the same terms

7 and conditions as would otherwise be appli8 cable to any other loan made under this

9 subsection.

10 ‘‘(G) TERMS.—A loan under subparagraph

11 (E) or (F) shall be made at the same interest

12 rate as economic injury loans under paragraph

13 (2).

14 ‘‘(H) EXTENDED APPLICATION PERIOD.—

15 Notwithstanding any other provision of law, the

16 Administrator shall accept applications for as17 sistance under paragraphs (1) and (4) until one

18 year after the date on which the President des19 ignated the area as a disaster area as a result

20 of Hurricane Katrina.

21 ‘‘(I) NO SALE.—No loan under this sub22 section made as a result of Hurricane Katrina

23 may be sold.’’.

24 (B) CLERICAL AMENDMENTS.—Section 7(b)

25 of the Small Business Act (15 U.S.C. 636(b)) is
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1 amended in the undesignated matter at the

2 end—

3 (i) by striking ‘‘, (2), and (4)’’ and in4 serting ‘‘and (2)’’; and

5 (ii) by striking ‘‘, (2), or (4)’’ and in6 serting ‘‘(2)’’.

7 (d) ENTREPRENEURIAL DEVELOPMENT.—In addition

8 to any other amounts authorized for any fiscal year, there

9 are authorized to be appropriated, and there is appro10 priated, to the Administration, to remain available until

11 expended, for fiscal year 2006—

12 (1) $21,000,000, to be used for activities of small

13 business development centers pursuant to section 21 of

14 the Small Business Act, $15,000,000 of which shall be

15 non-matching funds and used to aid and assist small

16 business concerns affected by Hurricane Katrina;

17 (2) $2,000,000, to be used for the SCORE pro18 gram authorized by section 8(b)(1) of the Small Busi19 ness Act, for the activities described in section

20 8(b)(1)(B)(ii) of that Act, $1,000,000 of which shall

21 be used to aid and assist small business concerns af22 fected by Hurricane Katrina;

23 (3) $4,500,000, to be used for activities of wom24 en’s business centers authorized by section 29(b) of the

25 Small Business Act and for recipients of a grant
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1 under section 29(l) of that Act, $2,500,000 of which

2 shall be non-matching funds used to aid and assist

3 small business concerns affected by Hurricane

4 Katrina, which may also be made available to a

5 women’s business center whose 5-year project ended in

6 fiscal year 2004;

7 (4) $1,250,000, to be used for activities of the of8 fice of veteran’s business development pursuant to sec9 tion 32 of the Small Business Act, $750,000 of which

10 shall be used to aid and assist small business concerns

11 affected by Hurricane Katrina; and

12 (5) $5,000,000, to be used for activities of the

13 microloan program authorized by clauses (ii) and

14 (iii) of section 7(m)(1)(G) of the Small Business Act

15 to aid and assist small business concerns adversely af16 fected by Hurricane Katrina.

17 (e) SMALL BUSINESS DEVELOPMENT CENTERS.—Sec18 tion 21(a)(4) of the Small Business Act (15 U.S.C.

19 648(a)(4)) is amended by adding at the end the following:

20 ‘‘(D) FISCAL YEARS 2005 AND 2006.—For fis21 cal years 2005 and 2006, the Administrator has

22 the authority to waive the maximum amount of

23 $100,000 for grants under paragraph (C)(viii)

24 for small business development centers assisting
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1 small business concerns adversely affected by

2 Hurricane Katrina.’’.

3 (f) HUBZONES.—Section 3(p)(1) of the Small Busi4 ness Act (15 U.S.C. 632(p)(1)) is amended—

5 (1) in subparagraph (D), by striking ‘‘or’’;

6 (2) in subparagraph (E), by striking the period

7 and inserting ‘‘; or’’; and

8 (3) by adding at the end the following:

9 ‘‘(F) the Hurricane Katrina disaster area,

10 as designated by the Administrator.’’.

11 (g) OUTREACH PROGRAMS.—

12 (1) IN GENERAL.—Not later than 90 days after

13 the date of enactment of this Act, the Administrator

14 of the Small Business Administration shall establish

15 a contracting outreach and technical assistance pro16 gram for small business concerns which have had a

17 primary place of business in, or other significant

18 presence in the Hurricane Katrina disaster area at

19 any time following the 60 days prior to the designa20 tion of such area by the Administrator.

21 (2) ADMINISTRATOR ACTION.—The Adminis22 trator may fulfill the requirement of paragraph (1)

23 by acting through—

24 (A) the Small Business Administration;
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1 (B) the Federal agency small business offi2 cials designated under Section 15(k)(1) of the

3 Small Business Act (15 U.S.C. 644(k)(1)); and

4 (C) any Federal, State, or local government

5 entity, higher education institution, or private

6 nonprofit organization that the Administrator

7 may deem proper, upon conclusion of a memo8 randum of understanding or assistance agree9 ment, as appropriate, with the Administrator.

10 (h) SMALL BUSINESS BONDING THRESHOLD.—Not11 withstanding any other provision of law, for all procure12 ments related to Hurricane Katrina, the Administrator

13 may, upon such terms and conditions as it may prescribe,

14 guarantee and enter into commitments to guarantee any

15 surety against loss resulting from a breach of the terms of

16 a bid bond, payment bond, performance bond, or bonds an17 cillary thereto, by a principal on any total work order or

18 contract amount at the time of bond execution that does

19 not exceed $10,000,000.

20 (i) SUPPLEMENTAL EMERGENCY LOANS.—

21 (1) IN GENERAL.—Section 7(a) of the Small

22 Business Act (15 U.S.C. 636(a)) is amended by add23 ing at the end the following:

24 ‘‘(32) SUPPLEMENTAL EMERGENCY LOANS AFTER

25 HURRICANE KATRINA.—
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1 ‘‘(A) LOAN AUTHORITY.—In addition to

2 any other loan authorized by this subsection, the

3 Administrator shall make such loans under this

4 subsection (either directly or in cooperation with

5 banks or other lending institutions through

6 agreements to participate on an immediate or

7 deferred basis) as the Administrator determines

8 appropriate to a small business concern ad9 versely affected by Hurricane Katrina, subject to

10 subparagraph (B).

11 ‘‘(B) OVERSIGHT PROTECTIONS.—In mak12 ing any loan under subparagraph (A)—

13 ‘‘(i) the borrower shall be made aware

14 that such loans are for those adversely af15 fected by Hurricane Katrina; and

16 ‘‘(ii) for loans made in cooperation

17 with a bank or other lending institution—

18 ‘‘(I) lenders shall document for the

19 Administrator how the borrower was

20 adversely affected by Hurricane

21 Katrina, whether directly, or indi22 rectly; and

23 ‘‘(II) not later than 6 months

24 after the date of enactment of this

25 paragraph, and every 6 months there-
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1 after until the date that is 18 months

2 after the date of enactment of this

3 paragraph, the Comptroller General

4 shall make a report regarding such

5 loans to the Committee on Small Busi6 ness and Entrepreneurship of the Sen7 ate and the Committee on Small Busi8 ness of the House of Representatives,

9 including verification that such loans

10 are being used for purposes authorized

11 by this paragraph.

12 ‘‘(C) FEES.—

13 ‘‘(i) IN GENERAL.—Notwithstanding

14 any other provision of law, the Adminis15 trator shall, in lieu of the fee established

16 under paragraph (23)(A), collect an annual

17 fee of 0.25 percent of the outstanding bal18 ance of deferred participation loans made

19 under this subsection to qualified borrowers

20 for a period of 1 year after the date of en21 actment of this paragraph.

22 ‘‘(ii) GUARANTEE FEES.—Notwith23 standing any other provision of law, the

24 guarantee fee under paragraph (18)(A) for

25 a period of 1 year after the date of enact-
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1 ment of this subparagraph shall be as fol2 lows:

3 ‘‘(I) A guarantee fee equal to 1

4 percent of the deferred participation

5 share of a total loan amount that is

6 not more than $150,000.

7 ‘‘(II) A guarantee fee equal to 2.5

8 percent of the deferred participation

9 share of a total loan amount that is

10 more than $150,000, but not more than

11 $700,000.

12 ‘‘(III) A guarantee fee equal to 3.5

13 percent of the deferred participation

14 share of a total loan amount that is

15 more than $700,000.’’.

16 (2) APPROPRIATION.—There is authorized to be

17 appropriated, and there is appropriated, $75,000,000

18 to carry out the amendment made by paragraph (1).

19 (j) SMALL BUSINESS PARTICIPATION.—In order to fa20 cilitate the maximum practicable participation of small

21 business concerns in activities related to relief and recovery

22 from Hurricane Katrina, the Administrator and the head

23 of any Federal agency making procurements related to the

24 aftermath of Hurricane Katrina, shall set a goal, to be met

25 within a reasonable time, of awarding to small business
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1 concerns not less than 30 percent of amounts expended for

2 prime contracts and not less than 40 percent of amounts

3 expended for subcontracts on procurements such agency re4 lated to the aftermath of Hurricane Katrina.

5 (k) ENERGY EMERGENCY RELIEF.—

6 (1) SMALL BUSINESS AND FARM ENERGY EMER7 GENCY DISASTER LOAN PROGRAM.—

8 (A) SMALL BUSINESS DISASTER LOAN AU9 THORITY.—Section 7(b) of the Small Business

10 Act (15 U.S.C. 636(b)) is amended by inserting

11 after paragraph (4), as added by this Act, the

12 following:

13 ‘‘(5)(A) For purposes of this paragraph—

14 ‘‘(i) the term ‘base price index’ means the

15 moving average of the closing unit price on the

16 New York Mercantile Exchange for heating oil,

17 natural gas, gasoline, or propane for the 10

18 days, in each of the most recent 2 preceding

19 years, which correspond to the trading days de20 scribed in clause (ii);

21 ‘‘(ii) the term ‘current price index’ means

22 the moving average of the closing unit price on

23 the New York Mercantile Exchange, for the 10

24 most recent trading days, for contracts to pur25 chase heating oil, natural gas, gasoline, or pro-
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1 pane during the subsequent calendar month,

2 commonly known as the ‘front month’;

3 ‘‘(iii) the term ‘significant increase’

4 means—

5 ‘‘(I) with respect to the price of heating

6 oil, natural gas, gasoline, or propane, any

7 time the current price index exceeds the base

8 price index by not less than 40 percent; and

9 ‘‘(II) with respect to the price of ker10 osene, any increase which the Adminis11 trator, in consultation with the Secretary of

12 Energy, determines to be significant; and

13 ‘‘(iv) a small business concern engaged in

14 the heating oil business is eligible for a loan, if

15 the small business concern sells not more than

16 10,000,000 gallons of heating oil per year.

17 ‘‘(B) The Administration may make such loans,

18 either directly or in cooperation with banks or other

19 lending institutions through agreements to participate

20 on an immediate or deferred basis, to assist a small

21 business concern that has suffered or that is likely to

22 suffer substantial economic injury on or after Janu23 ary 1, 2005, as the result of a significant increase in

24 the price of heating oil, natural gas, gasoline, pro-
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1 pane, or kerosene occurring on or after January 1,

2 2005.

3 ‘‘(C) Any loan or guarantee extended pursuant

4 to this paragraph shall be made at the same interest

5 rate as economic injury loans under paragraph (2).

6 ‘‘(D) No loan may be made under this para7 graph, either directly or in cooperation with banks or

8 other lending institutions through agreements to par9 ticipate on an immediate or deferred basis, if the

10 total amount outstanding and committed to the bor11 rower under this subsection would exceed $1,500,000,

12 unless such borrower constitutes a major source of em13 ployment in its surrounding area, as determined by

14 the Administration, in which case the Administra15 tion, in its discretion, may waive the $1,500,000 lim16 itation.

17 ‘‘(E) For purposes of assistance under this

18 paragraph—

19 ‘‘(i) a declaration of a disaster area based

20 on conditions specified in this paragraph shall

21 be required, and shall be made by the President

22 or the Administrator; or

23 ‘‘(ii) if no declaration has been made pursu24 ant to clause (i), the Governor of a State in

25 which a significant increase in the price of heat-
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1 ing oil, natural gas, gasoline, propane, or ker2 osene has occurred may certify to the Adminis3 tration that small business concerns have suf4 fered economic injury as a result of such increase

5 and are in need of financial assistance which is

6 not otherwise available on reasonable terms in

7 that State, and upon receipt of such certifi8 cation, the Administration may make such loans

9 as would have been available under this para10 graph if a disaster declaration had been issued.

11 ‘‘(F) Notwithstanding any other provision of

12 law, loans made under this paragraph may be used

13 by a small business concern described in subpara14 graph (B) to convert from the use of heating oil, nat15 ural gas, gasoline, propane, or kerosene to a renew16 able or alternative energy source, including agri17 culture and urban waste, geothermal energy, cogen18 eration, solar energy, wind energy, or fuel cells.’’.

19 (B) CONFORMING AMENDMENTS.—Section

20 3(k) of the Small Business Act (15 U.S.C.

21 632(k)) is amended—

22 (i) by inserting ‘‘, significant increase

23 in the price of heating oil, natural gas, gas24 oline, propane, or kerosene’’ after ‘‘civil dis25 orders’’; and
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1 (ii) by inserting ‘‘other’’ before ‘‘eco2 nomic’’.

3 (C) REPORT.—Not later than 12 months

4 after the date on which the Administrator of the

5 Small Business Administration issues guidelines

6 under paragraph (3)(A), and annually there7 after, the Administrator shall submit to the Com8 mittee on Small Business and Entrepreneurship

9 of the Senate and the Committee on Small Busi10 ness of the House of Representatives, a report on

11 the effectiveness of the assistance made available

12 under section 7(b)(5) of the Small Business Act,

13 as added by this subsection, including—

14 (i) the number of small business con15 cerns that applied for a loan under that sec16 tion 7(b)(5) and the number of those that

17 received such loans;

18 (ii) the dollar value of those loans;

19 (iii) the States in which the small

20 business concerns that received such loans

21 are located;

22 (iv) the type of energy that caused the

23 significant increase in the cost for the par24 ticipating small business concerns; and
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1 (v) recommendations for ways to im2 prove the assistance provided under that

3 section 7(b)(5), if any.

4 (D) EFFECTIVE DATE.—The amendments

5 made by this paragraph shall apply during the

6 4-year period beginning on the earlier of the date

7 on which guidelines are published by the Admin8 istrator of the Small Business Administration

9 under paragraph (3), or 30 days after the date

10 of enactment of this Act, with respect to assist11 ance under section 7(b)(5) of the Small Business

12 Act, as added by this paragraph.

13 (2) FARM ENERGY EMERGENCY RELIEF.—

14 (A) IN GENERAL.—Section 321(a) of the

15 Consolidated Farm and Rural Development Act

16 (7 U.S.C. 1961(a)) is amended—

17 (i) in the first sentence—

18 (I) by striking ‘‘operations have’’

19 and inserting ‘‘operations (i) have’’;

20 and

21 (II) by inserting before ‘‘: Pro22 vided,’’ the following: ‘‘, or (ii)(I) are

23 owned or operated by such an appli24 cant that is also a small business con25 cern (as defined in section 3 of the
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1 Small Business Act (15 U.S.C. 632)),

2 and (II) have suffered or are likely to

3 suffer substantial economic injury on

4 or after January 1, 2005, as the result

5 of a significant increase in energy costs

6 or input costs from energy sources oc7 curring on or after January 1, 2005,

8 in connection with an energy emer9 gency declared by the President or the

10 Secretary’’;

11 (ii) in the third sentence, by inserting

12 before the period at the end the following:

13 ‘‘or by an energy emergency declared by the

14 President or the Secretary’’; and

15 (iii) in the fourth sentence—

16 (I) by inserting ‘‘or energy emer17 gency’’ after ‘‘natural disaster’’ each

18 place that term appears; and

19 (II) by inserting ‘‘or declaration’’

20 after ‘‘emergency designation’’.

21 (B) FUNDING.—Funds available on the date

22 of enactment of this Act for emergency loans

23 under subtitle C of the Consolidated Farm and

24 Rural Development Act (7 U.S.C. 1961 et seq.)

25 shall be available to carry out the amendments
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1 made by subparagraph (A) to meet the needs re2 sulting from natural disasters.

3 (C) REPORT.—Not later than 12 months

4 after the date on which the Secretary of Agri5 culture issues guidelines under paragraph

6 (3)(A), and annually thereafter, the Secretary

7 shall submit to the Committee on Small Business

8 and Entrepreneurship and the Committee on Ag9 riculture, Nutrition, and Forestry of the Senate

10 and to the Committee on Small Business and the

11 Committee on Agriculture of the House of Rep12 resentatives, a report that—

13 (i) describes the effectiveness of the as14 sistance made available under section

15 321(a) of the Consolidated Farm and Rural

16 Development Act (7 U.S.C. 1961(a)), as

17 amended by this section; and

18 (ii) contains recommendations for

19 ways to improve the assistance provided

20 under such section 321(a).

21 (D) EFFECTIVE DATE.—The amendments

22 made by this paragraph shall apply during the

23 4-year period beginning on the earlier of the date

24 on which guidelines are published by the Sec25 retary of Agriculture under paragraph (3), or 30
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1 days after the date of enactment of this Act, with

2 respect to assistance under section 321(a) of the

3 Consolidated Farm and Rural Development Act

4 (7 U.S.C. 1961(a)), as amended by this para5 graph.

6 (3) GUIDELINES AND RULEMAKING.—

7 (A) GUIDELINES.—Not later than 30 days

8 after the date of enactment of this Act, the Ad9 ministrator of the Small Business Administra10 tion and the Secretary of Agriculture shall each

11 issue guidelines to carry out paragraphs (1) and

12 (2), respectively, and the amendments made

13 thereby, which guidelines shall become effective

14 on the date of their issuance.

15 (B) RULEMAKING.—Not later than 30 days

16 after the date of enactment of this Act, the Ad17 ministrator of the Small Business Administra18 tion, after consultation with the Secretary of En19 ergy, shall promulgate regulations specifying the

20 method for determining a significant increase in

21 the price of kerosene under section

22 7(b)(5)(A)(iii)(II) of the Small Business Act, as

23 added by this Act.

24 (l) BUDGETARY TREATMENT OF LOANS AND

25 FINANCINGS.—
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1 (1) IN GENERAL.—Assistance made available

2 under any loan made or approved by the Administra3 tion under this section, subsections (a) or (b) of sec4 tion 7 of the Small Business Act (15 U.S.C. 636(a)),

5 as amended by this section, except for subsection

6 7(a)(23)(C), or financings made under title V of the

7 Small Business Investment Act of 1958 (15 U.S.C.

8 695 et seq.), as amended by this section, on and after

9 the date of enactment of this Act, shall be treated as

10 separate programs of the Small Business Administra11 tion for purposes of the Federal Credit Reform Act of

12 1990 only.

13 (2) USE OF FUNDS.—Assistance under this sec14 tion and the amendments made by this section shall

15 be available effective only to the extent that funds are

16 made available under appropriations Acts, which

17 funds shall be utilized to offset the cost (as such term

18 is defined in section 502 of the Federal Credit Reform

19 Act of 1990) of such assistance.

20 (m) EMERGENCY SPENDING.—Appropriations under

21 this section are designated as emergency spending, as pro22 vided under section 402 of H. Con. Res. 95 (109th Con23 gress).

24 ANTIDEFICIENCY ACT

25 SEC. 530. EXTENSION OF UNIVERSAL SERVICE FUND

26 EXEMPTION FROM THE ANTIDEFICIENCY ACT.
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1 Section 302 of the Universal Service Antideficiency

2 Temporary Suspension Act is amended by striking ‘‘Decem3 ber 31, 2005,’’ each place it appears and inserting ‘‘Decem4 ber 31, 2006,’’.

5 SMALL BUSINESS FEES

6 SEC. 531. SMALL BUSINESS FEES.

7 (a) FEES.—Section 7(a)(23) of the Small Business Act

8 (15 U.S.C. 636(a)(23)) is amended by striking subpara9 graph (C) and inserting the following:

10 ‘‘(C) LOWERING OF FEES.—

11 ‘‘(i) IN GENERAL.—Subject to clauses

12 (ii) and (iii)—

13 ‘‘(I) the Administrator may re14 duce fees paid by small business bor15 rowers and lenders under clauses (i)

16 through (iv) of paragraph (18)(A) and

17 subparagraph (A) of this paragraph;

18 and

19 ‘‘(II) fees paid by small business

20 borrowers and lenders shall not be in21 creased above the levels in effect on the

22 date of enactment of the Consolidated

23 Appropriations Act, 2005.

24 ‘‘(ii) DETERMINATIONS.—A reduction

25 in fees under clause (i) shall occur in any

26 case in which the fees paid by all small
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1 business borrowers and by lenders for guar2 antees under this subsection, or the sum of

3 such fees plus any amount appropriated to

4 carry out this subsection, as applicable, is

5 more than the amount necessary to equal

6 the cost to the Administration of making

7 such guarantees.’’

8 SEC. 532. None of the funds made available in this

9 Act may be used to include in any new bilateral or multi10 lateral trade agreement the text of—

11 (1) paragraph 2 of article 16.7 of the United

12 States-Singapore Free Trade Agreement;

13 (2) paragraph 4 of article 17.9 of the United

14 States-Australia Free Trade Agreement; or

15 (3) paragraph 4 of article 15.9 of the United

16 States-Morocco Free Trade Agreement.

17 TITLE VI—RESCISSIONS

18 DEPARTMENT OF JUSTICE

19 GENERAL ADMINISTRATION

20 COUNTERTERRORISM FUND

21 (RESCISSION)

22 Of the unobligated balances available under this head23 ing, $11,000,000 are rescinded.
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1 LEGAL ACTIVITIES

2 ASSETS FORFEITURE FUND

3 (RESCISSION)

4 Of the unobligated balances available under this head5 ing, $82,000,000 are rescinded.

6 FEDERAL BUREAU OF INVESTIGATION

7 SALARIES AND EXPENSES

8 (RESCISSION)

9 Of the unobligated balances available under this head10 ing, $103,502,000 are rescinded; of which $30,000,000 shall

11 be from funding for J. Edgar Hoover Federal Bureau of

12 Investigation Building tours; and of which $73,502,000

13 shall be from funding for the Federal Bureau of Investiga14 tion’s failed computer modernization program.

15 TITLE VII—

16 METHAMPHETAMINES

17 SECTION 701. SHORT TITLE.

18 This title may be cited as the ‘‘Combat Meth Act of

19 2005’’.

20 Subtitle A—Amendments to

21 Controlled Substances Act

22 SEC. 710. PSEUDOEPHEDRINE AND EPHEDRINE AMEND23 MENTS TO CONTROLLED SUBSTANCES ACT.

24 (a) ADDITION OF PSEUDOEPHEDRINE AND EPHED25 RINE TO SCHEDULE V.—The matter under schedule V in
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1 section 202(c) of the Controlled Substances Act (21 U.S.C.

2 812(c)) is amended by adding at the end the following:

3 ‘‘(6) Any detectable quantity of pseudoephedrine

4 or ephedrine, their salts or optical isomers, or salts of

5 optical isomers.’’.

6 (b) PRESCRIPTIONS.—Section 309(c) of the Controlled

7 Substances Act (21 U.S.C. 829(c)) is amended—

8 (1) by striking ‘‘No controlled substance’’ and in9 serting the following:

10 ‘‘(1) IN GENERAL.—No controlled substance’’;

11 and

12 (2) by adding at the end the following:

13 ‘‘(2) RETAIL DISTRIBUTORS AND PHARMACIES.—

14 If a controlled substance described in paragraph (6)

15 of schedule V is dispensed or sold at retail by a retail

16 distributor or a pharmacy, the retail distributor or

17 pharmacy shall ensure the following:

18 ‘‘(A) QUALIFICATIONS OF DISPENSER.—The

19 substance shall be dispensed or sold at retail only

20 by practitioner, pharmacist, or an individual

21 under the supervision of a pharmacist as per22 mitted by the State.

23 ‘‘(B) REQUIREMENTS FOR PURCHASER.—

24 Any person purchasing, receiving, or otherwise
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1 acquiring any such substance shall, prior to tak2 ing possession—

3 ‘‘(i) provide an approved Federal or

4 State-issued photo identification or an al5 ternative form of identification authorized

6 by the Attorney General; and

7 ‘‘(ii) sign or make an entry in a writ8 ten or electronic log that conforms with the

9 regulations under paragraph (4)

10 documenting—

11 ‘‘(I) the date of the transaction;

12 ‘‘(II) the name of the person; and

13 ‘‘(III) the name and the amount

14 of the controlled substance described in

15 paragraph (6) of schedule V purchased,

16 received, or otherwise acquired.

17 ‘‘(C) LIMITATION ON AMOUNT OF PUR18 CHASE.—No person shall purchase, receive, or

19 otherwise acquire more than 7.5 grams of a con20 trolled substance described in paragraph (6) of

21 schedule V within any 30-day period.

22 ‘‘(3) EXEMPTIONS.—

23 ‘‘(A) IN GENERAL.—The Attorney General,

24 by rule, may exempt a product from paragraph

25 (6) of schedule V if the Attorney General deter-
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1 mines that the product cannot be used in the ille2 gal manufacture of methamphetamine or any

3 other controlled dangerous substance.

4 ‘‘(B) DIFFERENT FORMULATION.—

5 ‘‘(i) IN GENERAL.—The Attorney Gen6 eral, upon the application of a manufac7 turer of a drug product, may exempt a

8 product from paragraph (6) of schedule V if

9 the Attorney General determines that the

10 product has been formulated in such a way

11 as to effectively prevent the conversion of the

12 active ingredient into methamphetamine.

13 ‘‘(ii) SENSE OF CONGRESS.—It is the

14 sense of Congress that the Secretary of

15 Health and Human Services should con16 sider a product under clause (i) to be sub17 ject to the performance goals established by

18 the Commissioner of Food and Drugs for

19 priority drugs.

20 ‘‘(C) SPECIAL EXCEPTIONS.—The Attorney

21 General, by rule, may authorize the sale of a

22 controlled substance described in paragraph (6)

23 of schedule V by persons other than a practi24 tioner, and at a location other than a pharmacy

25 if—
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1 ‘‘(i) the Attorney General—

2 ‘‘(I) determines that the retail fa3 cility is located within a commercial

4 service airport, and sells the substance

5 packaged in liquid and liquid filled

6 gelcaps only, each single sales package

7 containing not more than 360 mg, per

8 person, in a 24 hour period; or

9 ‘‘(II) has issued an alternate place

10 of sale license to the retail location and

11 has issued an alternate dispenser li12 cense to the person authorized to make

13 the sale under subsections (i) and (j) of

14 section 303, respectively;

15 ‘‘(ii) the person dispensing the con16 trolled substance described in paragraph (6)

17 of schedule V follows the procedures set forth

18 in this Act; and

19 ‘‘(iii) the person authorized under sec20 tion 303(i) dispensing the controlled sub21 stance described in paragraph (6) of sched22 ule V provides notification, in writing, of

23 the intention to dispense such substance

24 pursuant to a special exception under this

25 subparagraph to each State and local law
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1 enforcement authority with jurisdiction to

2 investigate crimes involving controlled sub3 stances at such location.

4 ‘‘(D) PRESCRIPTIONS.—The limit described

5 in paragraph (2)(C) shall not apply to any

6 quantity of such substance dispensed under a

7 valid prescription.

8 ‘‘(4) REGULATIONS.—

9 ‘‘(A) RULES FOR LOGS.—

10 ‘‘(i) IN GENERAL.—The Attorney Gen11 eral shall promulgate rules and

12 regulations—

13 ‘‘(I) prescribing the content and

14 format of the log required in para15 graph (2)(B)(ii);

16 ‘‘(II) establishing the manner in

17 which the information in the log re18 quired in paragraph (2)(B)(ii) shall be

19 reported to law enforcement authori20 ties; and

21 ‘‘(III) prohibiting accessing,

22 using, or sharing the information in

23 the log for any purpose other than to

24 ensure compliance with this Act or to
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1 facilitate a product recall necessary to

2 protect public health and safety.

3 ‘‘(ii) MISREPRESENTATION WARN4 ING.—The rules and regulations under

5 clause (i) shall require that the log explain

6 the potential consequences of false state7 ments or misrepresentations, including re8 quiring that the following statement is

9 prominently presented: ‘NOTE: PENALTY

10 FOR MISREPRESENTATION – Any mis11 representation (by omission or concealment,

12 or by misleading, false, or partial answers

13 may result in prosecution pursuant to sec14 tion 1001 of title 18, United States Code,

15 which makes it a criminal offense, punish16 able by a maximum of 5 years imprison17 ment, $10,000 fine, or both, knowingly and

18 willfully to make a false statement or rep19 resentation to any Department or Agency of

20 the United States as to any matter within

21 the jurisdiction of any Department or Agen22 cy of the United States.’

23 ‘‘(B) ALTERNATE IDENTIFICATION.—The

24 Attorney General shall promulgate rules and reg25 ulations authorizing the acceptance of an alter-
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1 nate form of identification under paragraph

2 (2)(B)(i) to be used electronically.

3 ‘‘(5) GOOD FAITH PROTECTION.—A retailer who

4 in good faith releases information maintained under

5 this subsection for purposes of compliance with this

6 Act to a law enforcement or regulatory authority es7 tablished pursuant to Federal or State law is immune

8 from civil liability unless the release constitutes gross

9 negligence or intentional, wanton, or willful mis10 conduct.’’.

11 (c) ALTERNATE PLACE OF SALES AND DISPENSERS.—

12 Section 303 of the Controlled Substances Act (21 U.S.C.

13 823) is amended by adding at the end the following:

14 ‘‘(i) ALTERNATE PLACE OF SALES LICENSES.—

15 ‘‘(1) IN GENERAL.—The Attorney General shall

16 register an applicant to dispense a controlled sub17 stance described in paragraph (6) of schedule V at a

18 location other than a pharmacy if the Attorney Gen19 eral determines that such registration is consistent

20 with the public interest.

21 ‘‘(2) CONSIDERATIONS.—In determining the pub22 lic interest, the Attorney General shall consider—

23 ‘‘(A) the applicant’s maintenance of effec24 tive controls against diversion of the controlled

25 substance described in paragraph (6) of schedule
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1 V into other than legitimate channels equivalent

2 to that of a pharmacy;

3 ‘‘(B) the applicant’s compliance with appli4 cable State and local law, including holding a

5 valid license issued by an appropriate State au6 thority evidencing compliance with subpara7 graph (A);

8 ‘‘(C) the applicant’s prior conviction record

9 under Federal and State laws; and

10 ‘‘(D) such other factors as may be relevant

11 to and consistent with the public health and safe12 ty, including accessibility to rural consumers.

13 ‘‘(3) STATE LICENSES.—If an applicant under

14 paragraph (1) does not have a valid State license as

15 described in paragraph (2)(B), the Attorney General

16 shall not register the applicant for a license under

17 this subsection.

18 ‘‘(j) ALTERNATE DISPENSER LICENSES.—

19 ‘‘(1) IN GENERAL.—The Attorney General shall

20 register an applicant, other than a practitioner, to

21 dispense a controlled substance described in para22 graph (6) of schedule V at a location other than a

23 pharmacy if the Attorney General determines that

24 such registration is consistent with the public interest.
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1 ‘‘(2) CONSIDERATIONS.—In determining the pub2 lic interest, the Attorney General shall consider—

3 ‘‘(A) the applicant’s compliance with appli4 cable State and local law, including holding a li5 cense issued by an appropriate State authority

6 evidencing a degree of suitability to dispense the

7 controlled substance described in paragraph (6)

8 of schedule V equivalent to that of a practitioner;

9 ‘‘(B) the applicant’s prior conviction record

10 under Federal and State laws; and

11 ‘‘(C) such other factors as may be relevant

12 to and consistent with the public health and safe13 ty, including accessibility to rural consumers.

14 ‘‘(3) STATE LICENSES.—If an applicant under

15 paragraph (1) does not have a valid State license as

16 described in paragraph (2)(B), the Attorney General

17 shall not register the applicant for a license under

18 this subsection.’’.

19 (d) THEFT PREVENTION.—Notwithstanding para20 graph (6) of schedule V of section 202 of the Controlled Sub21 stances Act (21 U.S.C. 812), as added by subsection (a),

22 persons registered with the Drug Enforcement Administra23 tion to manufacture or distribute controlled substances shall

24 maintain adequate security and provide effective controls

25 and procedures to guard against theft and diversion, but
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1 shall not otherwise be required to meet the meet the storage,

2 reporting, recordkeeping, or physical security control re3 quirements (such as a cage or vault) for controlled sub4 stances in schedule V containing pseudoephedrine or ephed5 rine.

6 (e) STATE PENALTIES AND PEDIATRIC PRODUCTS.—

7 Nothing in this Act shall be construed to—

8 (1) prevent a State or political subdivision of a

9 State from adopting and enforcing penalties that are

10 different from, in addition to, or otherwise not iden11 tical with, the penalties that apply under the Con12 trolled Substances Act (28 U.S.C. 801 et seq.); or

13 (2) prevent a State or political subdivision of a

14 State from permitting the sale of pediatric products

15 containing pseudoephedrine or ephedrine, their salts

16 or optical isomers, or salts of optical isomers where

17 the pediatric product—

18 (A) is primarily intended for administra19 tion, according to label instructions, to children

20 under 12 years of age and either—

21 (i) in solid dosage form, individual

22 dosage units do not exceed 15 milligrams of

23 ephedrine or pseudoephedrine; or

24 (ii) in liquid form, recommended dos25 age units, according to label instructions, do
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1 not exceed 15 milligrams of ephedrine or

2 pseudoephedrine per 5 milliliters of liquid

3 product; or

4 (B) is in liquid form—

5 (i) primarily intended for administra6 tion to children under 2 years of age;

7 (ii) the recommended dosage of which

8 does not exceed 2 milliliters; and

9 (iii) the total package content is not

10 more than 1 fluid ounce.

11 (f) EFFECTIVE DATES.—

12 (1) ONLY ACTIVE INGREDIENT.—This section and

13 the amendments made by this section shall take effect

14 with regard to any substance in which ephedrine or

15 pseudoephedrine is the only active ingredient 90 days

16 after the date of enactment of this Act.

17 (2) OTHER PRODUCTS.—This section and the

18 amendments made by this section shall take effect

19 with regard to any substance other than a substance

20 described in paragraph (1) on January 1, 2007.

21 SEC. 711. EMPLOYER SCREENING OF EMPLOYEES WORKING

22 WITH CONTROLLED SUBSTANCES.

23 Part C of the Controlled Substances Act (21 U.S.C.

24 821 et seq.) is amended by adding at the end the following:
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1 ‘‘APPLICANTS AND EMPLOYEES

2 ‘‘SEC. 311. Persons registered with the Drug Enforce3 ment Administration to manufacture, deliver, distribute, or

4 dispense controlled substances shall take reasonable steps to

5 guard against hiring persons who may, as a result of their

6 employment, have access to and become involved in the theft

7 and diversion of controlled substances, including, notwith8 standing State law, asking applicants for employment

9 whether they have been convicted of any crime involving

10 or related to controlled substances.’’.

11 Subtitle B—Education, Prevention,

12 and Treatment

13 SEC. 721. GRANTS FOR SERVICES FOR CHILDREN OF SUB14 STANCE ABUSERS.

15 Section 519 of the Public Health Service Act (42

16 U.S.C. 290bb–25) is amended—

17 (1) in subsection (b), by inserting after para18 graph (8) the following:

19 ‘‘(9) Development of drug endangered children

20 rapid response teams that will intervene on behalf of

21 children exposed to methamphetamine as a result of

22 residing or being present in a home-based clandestine

23 drug laboratory.’’; and

24 (2) in subsection (o)—
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1 (A) by striking ‘‘For the purpose’’ and in2 serting the following:

3 ‘‘(1) IN GENERAL.—For the purpose’’; and

4 (B) by adding at the end the following:

5 ‘‘(2) DRUG ENDANGERED CHILDREN RAPID RE6 SPONSE TEAMS.—There are authorized to be appro7 priated $2,500,000 for each of the fiscal years 2006

8 and 2007 to carry out the provisions of subsection

9 (b)(9).’’.

10 SEC. 722. LOCAL GRANTS FOR TREATMENT OF METH11 AMPHETAMINE ABUSE AND RELATED CONDI12 TIONS.

13 Subpart 1 of part B of title V of the Public Health

14 Service Act (42 U.S.C. 290bb et seq.) is amended—

15 (1) by redesignating section 514 that relates to

16 methamphetamine and appears after section 514A as

17 section 514B;

18 (2) in section 514B, as redesignated—

19 (A) by amending subsection (a)(1) to read

20 as follows:

21 ‘‘(1) GRANTS AUTHORIZED.—The Secretary may

22 award grants to States, political subdivisions of

23 States, American Indian Tribes, and private, non24 profit entities to provide treatment for methamphet25 amine abuse.’’;
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1 (B) by amending subsection (b) to read as

2 follows:

3 ‘‘(b) PRIORITY FOR HIGH NEED STATES.—In award4 ing grants under subsection (a), the Secretary shall give

5 priority to entities that will serve rural or urban areas ex6 periencing an increase in methamphetamine abuse in

7 States with addiction rates in excess of the national rate.’’;

8 and

9 (C) in subsection (d)(1), by striking ‘‘2000’’

10 and all that follows and inserting ‘‘2005 and

11 such sums as may be necessary for each of fiscal

12 years 2006 through 2009’’; and

13 (3) by inserting after section 514B, as redesig14 nated, the following:

15 ‘‘SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING,

16 AND TECHNICAL ASSISTANCE CENTER.

17 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting

18 through the Administrator, and in consultation with the

19 Director of the National Institutes of Health, shall award

20 grants to, or enter into contracts with, public or private,

21 nonprofit entities to establish a research, training, and tech22 nical assistance center to carry out the activities described

23 in subsection (d).

24 ‘‘(b) APPLICATION.—A public or private, nonprofit en25 tity seeking a grant or contract under subsection (a) shall
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1 submit an application to the Secretary at such time, in

2 such manner, and containing such information as the Sec3 retary may require.

4 ‘‘(c) CONDITION.—In awarding grants or entering into

5 contracts under subsection (a), the Secretary shall ensure

6 that not less than 1 of the centers will focus on methamphet7 amine abuse in rural areas.

8 ‘‘(d) AUTHORIZED ACTIVITIES.—Each center estab9 lished under this section shall—

10 ‘‘(1) engage in research and evaluation of the ef11 fectiveness of treatment modalities for the treatment of

12 methamphetamine abuse;

13 ‘‘(2) disseminate information to public and pri14 vate entities on effective treatments for methamphet15 amine abuse;

16 ‘‘(3) provide direct technical assistance to States,

17 political subdivisions of States, and private entities

18 on how to improve the treatment of methamphetamine

19 abuse; and

20 ‘‘(4) provide training on the effects of meth21 amphetamine use and on effective ways of treating

22 methamphetamine abuse to substance abuse treatment

23 professionals and community leaders.
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1 ‘‘(e) REPORTS.—Each grantee or contractor under this

2 section shall annually submit a report to the Administrator

3 that contains—

4 ‘‘(1) a description of the previous year’s activi5 ties of the center established under this section;

6 ‘‘(2) effective treatment modalities undertaken by

7 the center; and

8 ‘‘(3) evidence to demonstrate that such treatment

9 modalities were successful.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to carry out this section

12 $3,000,000 for fiscal year 2006 and such sums as may be

13 necessary for each of fiscal years 2007 and 2008.’’.

14 SEC. 723. METHAMPHETAMINE PRECURSOR MONITORING

15 GRANTS.

16 (a) GRANTS AUTHORIZED.—The Attorney General,

17 acting through the Bureau of Justice Assistance, may

18 award grants to States to establish methamphetamine pre19 cursor monitoring programs.

20 (b) PURPOSE.—The purpose of the grant program es21 tablished under this section is to—

22 (1) prevent the sale of methamphetamine precur23 sors, such as pseudoephedrine and ephedrine, to indi24 viduals in quantities so large that the only reasonable
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1 purpose of the purchase would be to manufacture

2 methamphetamine;

3 (2) educate businesses that legally sell meth4 amphetamine precursors of the need to balance the le5 gitimate need for lawful access to medication with the

6 risk that those substances may be used to manufacture

7 methamphetamine; and

8 (3) recalibrate existing prescription drug moni9 toring programs designed to track the sale of con10 trolled substances to also track the sale of

11 pseudoephedrine or ephedrine in any amount greater

12 than 6 grams.

13 (c) USE OF GRANT FUNDS.—Grant funds awarded to

14 States under this section may be used to—

15 (1) implement a methamphetamine precursor

16 monitoring program, including hiring personnel and

17 purchasing computer hardware and software designed

18 to monitor methamphetamine precursor purchases;

19 (2) expand existing methamphetamine precursor

20 or prescription drug monitoring programs to accom21 plish the purposes described in subsection (b);

22 (3) pay for training and technical assistance for

23 law enforcement personnel and employees of busi24 nesses that lawfully sell substances, which may be

25 used as methamphetamine precursors;
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1 (4) improve information sharing between adja2 cent States through enhanced connectivity; or

3 (5) make grants to subdivisions of the State to

4 implement methamphetamine precursor monitoring

5 programs.

6 (d) APPLICATION.—Any State seeking a grant under

7 this section shall submit an application to the Attorney

8 General at such time, in such manner, and containing such

9 information as the Attorney General may require.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated $5,000,000 for each of the

12 fiscal years 2006 and 2007 to carry out the provisions of

13 this section.

14 SEC. 724. AUTHORIZATION OF APPROPRIATIONS RELATING

15 TO COPS GRANTS.

16 (a) IN GENERAL.—In addition to any other funds au17 thorized to be appropriated for fiscal year 2006 for grants

18 under part Q of title I of the Omnibus Crime Control and

19 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), com20 monly known as the COPS program, there are authorized

21 to be appropriated $15,000,000 for such purpose to provide

22 training to State and local prosecutors and law enforcement

23 agents for the investigation and prosecution of methamphet24 amine offenses.
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1 (b) RURAL SET-ASIDE.—Of amounts made available

2 under subsection (a), $3,000,000 shall be available only for

3 prosecutors and law enforcement agents for rural commu4 nities.

5 SEC. 725. EXPANSION OF METHAMPHETAMINE HOT SPOTS

6 PROGRAM TO INCLUDE PERSONNEL AND

7 EQUIPMENT FOR ENFORCEMENT, PROSECU8 TION, AND CLEANUP.

9 Section 1701(d) of the Omnibus Crime Control and

10 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is

11 amended—

12 (1) in paragraph (11) by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (12) by striking the period at

15 the end and inserting ‘‘; and’’; and

16 (3) by adding at the end the following:

17 ‘‘(13) hire personnel and purchase equipment to

18 assist in the enforcement and prosecution of meth19 amphetamine offenses and the cleanup of meth20 amphetamine-affected areas.’’.

21 SEC. 726. SPECIAL UNITED STATES ATTORNEYS’ PROGRAM.

22 (a) IN GENERAL.—The Attorney General shall allocate

23 any amounts appropriated pursuant to the authorization

24 under subsection (c) for the hiring and training of special

25 assistant United States attorneys.
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1 (b) USE OF FUNDS.—The funds allocated under sub2 section (a) shall be used to—

3 (1) train local prosecutors in techniques used to

4 prosecute methamphetamine cases, including the pres5 entation of evidence related to the manufacture of

6 methamphetamine;

7 (2) train local prosecutors in Federal and State

8 laws involving methamphetamine manufacture or dis9 tribution;

10 (3) cross-designate local prosecutors as special

11 assistant United States attorneys; and

12 (4) hire additional local prosecutors who—

13 (A) with the approval of the United States

14 attorney, shall be cross-designated to prosecute

15 both Federal and State methamphetamine cases;

16 (B) shall be assigned a caseload, whether in

17 State court or Federal court, that gives the high18 est priority to cases in which—

19 (i) charges related to methamphet20 amine manufacture or distribution are sub21 mitted by law enforcement for consider22 ation; and

23 (ii) the defendant has been previously

24 convicted of a crime related to methamphet25 amine manufacture or distribution.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated $5,000,000 for each of the

3 fiscal years 2006 and 2007 to carry out the provisions of

4 this section.

5 This Act may be cited as the ‘‘Departments of Com6 merce and Justice, Science, and Related Agencies Appro7 priations Act, 2006’’.

Amend the title so as to read: ‘‘An Act making appropriations for the Departments of Commerce and Justice, Science, and related agencies, for the fiscal year

ending September 30, 2006, and for other purposes.’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2862

AMENDMENTS