IB 

109TH CONGRESS 

1ST SESSION H. R. 2862 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2005 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2006, and for other pur6 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, $126,956,000 (reduced by 

6 $2,500,000), of which not to exceed $3,317,000 is for the 

7 Facilities Program 2000, to remain available until ex8 pended: Provided, That not to exceed 45 permanent posi9 tions and 46 full-time equivalent workyears and 

10 $11,821,000 shall be expended for the Department Lead11 ership Program exclusive of augmentation that occurred 

12 in these offices in fiscal year 2005: Provided further, That 

13 not to exceed 28 permanent positions, 23 full-time equiva14 lent workyears and $3,980,000 shall be expended for the 

15 Office of Legislative Affairs: Provided further, That not 

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

17 workyears and $2,764,000 shall be expended for the Office 

18 of Public Affairs: Provided further, That the latter two 

19 aforementioned offices may utilize non-reimbursable de20 tails of career employees within the caps described in the 

21 preceding two provisos. 

22 JUSTICE INFORMATION SHARING TECHNOLOGY

23 For necessary expenses for information sharing tech24 nology, including planning, development, deployment and 

25 Departmental direction, $135,000,000, to remain avail26 able until expended. 
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1 NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS

2 NETWORK

3 For the costs of conversion to narrowband commu4 nications, including the cost for operation and mainte5 nance of Land Mobile Radio legacy systems, $110,000,000 

6 (reduced by $39,126,000), to remain available until Sep7 tember 30, 2007: Provided, That the Attorney General 

8 shall transfer to the ‘‘Narrowband Communications’’ ac9 count all funds made available to the Department of Jus10 tice for the purchase of portable and mobile radios: Pro11 vided further, That any transfer made under the preceding 

12 proviso shall be subject to section 605 of this Act. 

13 ADMINISTRATIVE REVIEW AND APPEALS

14 For expenses necessary for the administration of par15 don and clemency petitions and immigration-related activi16 ties, $215,685,000. 

17 DETENTION TRUSTEE

18 For necessary expenses of the Federal Detention 

19 Trustee, $1,222,000,000, to remain available until ex20 pended: Provided, That the Trustee shall be responsible 

21 for managing the Justice Prisoner and Alien Transpor22 tation System and for overseeing housing related to such 

23 detention: Provided further, That any unobligated balances 

24 available in prior years from the funds appropriated under 

25 the heading ‘‘Federal Prisoner Detention’’ shall be trans26 ferred to and merged with the appropriation under the 
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1 heading ‘‘Detention Trustee’’ and shall be available until 

2 expended. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General, $66,801,000, including not to exceed $10,000 to 

6 meet unforeseen emergencies of a confidential character. 

7 UNITED STATES PAROLE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Parole 

10 Commission as authorized, $11,200,000. 

11 LEGAL ACTIVITIES

12 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

13 For expenses necessary for the legal activities of the 

14 Department of Justice, not otherwise provided for, includ15 ing not to exceed $20,000 for expenses of collecting evi16 dence, to be expended under the direction of, and to be 

17 accounted for solely under the certificate of, the Attorney 

18 General; and rent of private or Government-owned space 

19 in the District of Columbia, $665,821,000, of which not 

20 to exceed $10,000,000 for litigation support contracts 

21 shall remain available until expended: Provided, That of 

22 the total amount appropriated, not to exceed $1,000 shall 

23 be available to the United States National Central Bu24 reau, INTERPOL, for official reception and representa25 tion expenses: Provided further, That notwithstanding sec26 tion 105 of this Act, upon a determination by the Attorney 
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1 General that emergent circumstances require additional 

2 funding for litigation activities of the Civil Division, the 

3 Attorney General may transfer such amounts to ‘‘Salaries 

4 and Expenses, General Legal Activities’’ from available 

5 appropriations for the current fiscal year for the Depart6 ment of Justice, as may be necessary to respond to such 

7 circumstances: Provided further, That any transfer pursu8 ant to the previous proviso shall be treated as a re9 programming under section 605 of this Act and shall not 

10 be available for obligation or expenditure except in compli11 ance with the procedures set forth in that section. 

12 In addition, for reimbursement of expenses of the De13 partment of Justice associated with processing cases 

14 under the National Childhood Vaccine Injury Act of 1986, 

15 not to exceed $6,333,000, to be appropriated from the 

16 Vaccine Injury Compensation Trust Fund. 

17 SALARIES AND EXPENSES, ANTITRUST DIVISION

18 For expenses necessary for the enforcement of anti19 trust and kindred laws, $144,451,000, to remain available 

20 until expended: Provided, That, notwithstanding any other 

21 provision of law, not to exceed $116,000,000 of offsetting 

22 collections derived from fees collected for premerger notifi23 cation filings under the Hart-Scott-Rodino Antitrust Im24 provements Act of 1976 (15 U.S.C. 18a), regardless of 

25 the year of collection, shall be retained and used for nec26 essary expenses in this appropriation, and shall remain 
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1 available until expended: Provided further, That the sum 

2 herein appropriated from the general fund shall be re3 duced as such offsetting collections are received during fis4 cal year 2006, so as to result in a final fiscal year 2006 

5 appropriation from the general fund estimated at not more 

6 than $28,451,000. 

7 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

8 For necessary expenses of the Offices of the United 

9 States Attorneys, including inter-governmental and coop10 erative agreements, $1,626,146,000: Provided, That of the 

11 total amount appropriated, not to exceed $8,000 shall be 

12 available for official reception and representation ex13 penses: Provided further, That not to exceed $20,000,000 

14 shall remain available until expended: Provided further, 

15 That, in addition to reimbursable full-time equivalent 

16 workyears available to the Offices of the United States At17 torneys, not to exceed 10,465 positions and 10,451 full18 time equivalent workyears shall be supported from the 

19 funds appropriated in this Act for the United States At20 torneys. 

21 UNITED STATES TRUSTEE SYSTEM FUND

22 For necessary expenses of the United States Trustee 

23 Program, as authorized, $214,402,000, to remain avail24 able until expended and to be derived from the United 

25 States Trustee System Fund: Provided, That, notwith26 standing any other provision of law, deposits to the Fund 
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1 shall be available in such amounts as may be necessary 

2 to pay refunds due depositors: Provided further, That, not3 withstanding any other provision of law, $214,402,000 of 

4 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 

5 be retained and used for necessary expenses in this appro6 priation and remain available until expended: Provided 

7 further, That the sum herein appropriated from the Fund 

8 shall be reduced as such offsetting collections are received 

9 during fiscal year 2006, so as to result in a final fiscal 

10 year 2006 appropriation from the Fund estimated at $0. 

11 SALARIES AND EXPENSES, FOREIGN CLAIMS

12 SETTLEMENT COMMISSION

13 For expenses necessary to carry out the activities of 

14 the Foreign Claims Settlement Commission, including 

15 services as authorized by 5 U.S.C. 3109, $1,220,000. 

16 UNITED STATES MARSHALS SERVICE

17 SALARIES AND EXPENSES

18 For necessary expenses of the United States Mar19 shals Service, $800,255,000; of which not to exceed 

20 $6,000 shall be available for official reception and rep21 resentation expenses; and of which $20,000,000 for infor22 mation technology systems, equipment, and the renovation 

23 of United States Marshals Service prisoner holding space 

24 in United States courthouses and Federal buildings shall 

25 remain available until expended: Provided, That, in addi26 tion to reimbursable full-time equivalent workyears avail-
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1 able to the United States Marshals Service, not to exceed 

2 4,729 positions and 4,551 full-time equivalent workyears 

3 shall be supported from the funds appropriated in this Act 

4 for the United States Marshals Service. 

5 FEES AND EXPENSES OF WITNESSES

6 For fees and expenses of witnesses, for expenses of 

7 contracts for the procurement and supervision of expert 

8 witnesses, for private counsel expenses, including ad9 vances, such sums as are necessary, to remain available 

10 until expended: Provided, That not to exceed $8,000,000 

11 may be made available for construction of buildings for 

12 protected witness safesites: Provided further, That not to 

13 exceed $1,000,000 may be made available for the purchase 

14 and maintenance of armored vehicles for transportation 

15 of protected witnesses: Provided further, That not to ex16 ceed $7,000,000 may be made available for the purchase, 

17 installation, maintenance and upgrade of secure tele18 communications equipment and a secure automated infor19 mation network to store and retrieve the identities and 

20 locations of protected witnesses. 

21 SALARIES AND EXPENSES, COMMUNITY RELATIONS

22 SERVICE

23 For necessary expenses of the Community Relations 

24 Service, $9,659,000: Provided, That notwithstanding sec25 tion 105 of this Act, upon a determination by the Attorney 

26 General that emergent circumstances require additional 
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1 funding for conflict resolution and violence prevention ac2 tivities of the Community Relations Service, the Attorney 

3 General may transfer such amounts to the Community Re4 lations Service, from available appropriations for the cur5 rent fiscal year for the Department of Justice, as may be 

6 necessary to respond to such circumstances: Provided fur7 ther, That any transfer pursuant to the previous proviso 

8 shall be treated as a reprogramming under section 605 

9 of this Act and shall not be available for obligation or ex10 penditure except in compliance with the procedures set 

11 forth in that section. 

12 ASSETS FORFEITURE FUND

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

14 (F), and (G), $21,468,000, to be derived from the Depart15 ment of Justice Assets Forfeiture Fund. 

16 INTERAGENCY LAW ENFORCEMENT

17 INTERAGENCY CRIME AND DRUG ENFORCEMENT

18 For necessary expenses for the identification, inves19 tigation, and prosecution of individuals associated with the 

20 most significant drug trafficking and affiliated money 

21 laundering organizations not otherwise provided for, to in22 clude inter-governmental agreements with State and local 

23 law enforcement agencies engaged in the investigation and 

24 prosecution of individuals involved in organized crime drug 

25 trafficking, $506,940,000, of which $50,000,000 shall re26 main available until expended: Provided, That any 
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1 amounts obligated from appropriations under this heading 

2 may be used under authorities available to the organiza3 tions reimbursed from this appropriation. 

4 FEDERAL BUREAU OF INVESTIGATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Bureau of In7 vestigation for detection, investigation, and prosecution of 

8 crimes against the United States; including purchase for 

9 police-type use of not to exceed 3,868 passenger motor ve10 hicles, of which 3,039 will be for replacement only; and 

11 not to exceed $70,000 to meet unforeseen emergencies of 

12 a confidential character pursuant to 28 U.S.C. 530C, 

13 $5,741,132,000; of which not to exceed $150,000,000 

14 shall remain available until expended; of which 

15 $2,288,897,000 shall be for counterterrorism investiga16 tions, foreign counterintelligence, and other activities re17 lated to our national security; and of which not to exceed 

18 $25,000,000 is authorized to be made available for making 

19 advances for expenses arising out of contractual or reim20 bursable agreements with State and local law enforcement 

21 agencies while engaged in cooperative activities related to 

22 violent crime, terrorism, organized crime, gang-related 

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

24 not to exceed $205,000 shall be available for official recep25 tion and representation expenses: Provided further, That, 
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1 in addition to reimbursable full-time equivalent workyears 

2 available to the Federal Bureau of Investigation, not to 

3 exceed 31,668 positions and 30,525 full-time equivalent 

4 workyears shall be supported from the funds appropriated 

5 in this Act for the Federal Bureau of Investigation. 

6 CONSTRUCTION

7 For necessary expenses to construct or acquire build8 ings and sites by purchase, or as otherwise authorized by 

9 law (including equipment for such buildings); conversion 

10 and extension of Federally-owned buildings; and prelimi11 nary planning and design of projects; $20,105,000, to re12 main available until expended: Provided, That 

13 $10,000,000 shall be available for equipment and associ14 ated costs for a permanent central records complex in 

15 Frederick County, Virginia. 

16 DRUG ENFORCEMENT ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Drug Enforcement Ad19 ministration, including not to exceed $70,000 to meet un20 foreseen emergencies of a confidential character pursuant 

21 to 28 U.S.C. 530C; expenses for conducting drug edu22 cation and training programs, including travel and related 

23 expenses for participants in such programs and the dis24 tribution of items of token value that promote the goals 

25 of such programs; and purchase of not to exceed 1,043 

26 passenger motor vehicles, of which 937 will be for replace-
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1 ment only, for police-type use, $1,706,173,000 (increased 

2 by $10,000,000); of which not to exceed $75,000,000 shall 

3 remain available until expended; and of which not to ex4 ceed $100,000 shall be available for official reception and 

5 representation expenses: Provided, That, in addition to re6 imbursable full-time equivalent workyears available to the 

7 Drug Enforcement Administration, not to exceed 8,371 

8 positions and 8,270 full-time equivalent workyears shall 

9 be supported from the funds appropriated in this Act for 

10 the Drug Enforcement Administration. 

11 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

12 EXPLOSIVES

13 SALARIES AND EXPENSES

14 For necessary expenses of the Bureau of Alcohol, To15 bacco, Firearms and Explosives, including the purchase of 

16 not to exceed 822 vehicles for police-type use, of which 

17 650 shall be for replacement only; not to exceed $25,000 

18 for official reception and representation expenses; for 

19 training of State and local law enforcement agencies with 

20 or without reimbursement, including training in connec21 tion with the training and acquisition of canines for explo22 sives and fire accelerants detection; and for provision of 

23 laboratory assistance to State and local law enforcement 

24 agencies, with or without reimbursement, $923,613,000, 

25 of which not to exceed $1,000,000 shall be available for 
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1 the payment of attorneys’ fees as provided by 18 U.S.C. 

2 924(d)(2); and of which $10,000,000 shall remain avail3 able until expended: Provided, That no funds appropriated 

4 herein shall be available for salaries or administrative ex5 penses in connection with consolidating or centralizing, 

6 within the Department of Justice, the records, or any por7 tion thereof, of acquisition and disposition of firearms 

8 maintained by Federal firearms licensees: Provided fur9 ther, That no funds appropriated herein shall be used to 

10 pay administrative expenses or the compensation of any 

11 officer or employee of the United States to implement an 

12 amendment or amendments to 27 CFR 178.118 or to 

13 change the definition of ‘‘Curios or relics’’ in 27 CFR 

14 178.11 or remove any item from ATF Publication 

15 5300.11 as it existed on January 1, 1994: Provided fur16 ther, That none of the funds appropriated herein shall be 

17 available to investigate or act upon applications for relief 

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

19 Provided further, That such funds shall be available to in20 vestigate and act upon applications filed by corporations 

21 for relief from Federal firearms disabilities under section 

22 925(c) of title 18, United States Code: Provided further, 

23 That no funds made available by this or any other Act 

24 may be used to transfer the functions, missions, or activi25 ties of the Bureau of Alcohol, Tobacco, Firearms and Ex-
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1 plosives to other agencies or Departments in fiscal year 

2 2006: Provided further, That no funds appropriated under 

3 this or any other Act with respect to any fiscal year may 

4 be used to disclose part or all of the contents of the Fire5 arms Trace System database maintained by the National 

6 Trace Center of the Bureau of Alcohol, Tobacco, Firearms 

7 and Explosives or any information required to be kept by 

8 licensees pursuant to section 923(g) of title 18, United 

9 States Code, or required to be reported pursuant to para10 graphs (3) and (7) of such section 923(g), to anyone other 

11 than a Federal, State, or local law enforcement agency or 

12 a prosecutor solely in connection with and for use in a 

13 bona fide criminal investigation or prosecution and then 

14 only such information as pertains to the geographic juris15 diction of the law enforcement agency requesting the dis16 closure and not for use in any civil action or proceeding 

17 other than an action or proceeding commenced by the Bu18 reau of Alcohol, Tobacco, Firearms and Explosives, or a 

19 review of such an action or proceeding, to enforce the pro20 visions of chapter 44 of such title, and all such data shall 

21 be immune from legal process and shall not be subject to 

22 subpoena or other discovery in any civil action in a State 

23 or Federal court or in any administrative proceeding other 

24 than a proceeding commenced by the Bureau of Alcohol, 

25 Tobacco, Firearms and Explosives to enforce the provi-
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1 sions of that chapter, or a review of such an action or 

2 proceeding; except that this proviso shall not be construed 

3 to prevent the disclosure of statistical information con4 cerning total production, importation, and exportation by 

5 each licensed importer (as defined in section 921(a)(9) of 

6 such title) and licensed manufacturer (as defined in sec7 tion 921(a)(10) of such title): Provided further, That no 

8 funds made available by this or any other Act shall be 

9 expended to promulgate or implement any rule requiring 

10 a physical inventory of any business licensed under section 

11 923 of title 18, United States Code: Provided further, That 

12 no funds under this Act may be used to electronically re13 trieve information gathered pursuant to 18 U.S.C. 

14 923(g)(4) by name or any personal identification code: 

15 Provided further, That no funds authorized or made avail16 able under this or any other Act may be used to deny any 

17 application for a license under section 923 of title 18, 

18 United States Code, or renewal of such a license due to 

19 a lack of business activity, provided that the applicant is 

20 otherwise eligible to receive such a license, and is eligible 

21 to report business income or to claim an income tax deduc22 tion for business expenses under the Internal Revenue 

23 Code of 1986. 
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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 For expenses necessary of the Federal Prison System 

4 for the administration, operation, and maintenance of 

5 Federal penal and correctional institutions, including pur6 chase (not to exceed 768, of which 701 are for replacement 

7 only) and hire of law enforcement and passenger motor 

8 vehicles, and for the provision of technical assistance and 

9 advice on corrections related issues to foreign govern10 ments, $4,895,649,000: Provided, That the Attorney Gen11 eral may transfer to the Health Resources and Services 

12 Administration such amounts as may be necessary for di13 rect expenditures by that Administration for medical relief 

14 for inmates of Federal penal and correctional institutions: 

15 Provided further, That the Director of the Federal Prison 

16 System, where necessary, may enter into contracts with 

17 a fiscal agent/fiscal intermediary claims processor to de18 termine the amounts payable to persons who, on behalf 

19 of the Federal Prison System, furnish health services to 

20 individuals committed to the custody of the Federal Prison 

21 System: Provided further, That not to exceed $6,000 shall 

22 be available for official reception and representation ex23 penses: Provided further, That not to exceed $50,000,000 

24 shall remain available for necessary operations until Sep25 tember 30, 2007: Provided further, That, of the amounts 
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1 provided for Contract Confinement, not to exceed 

2 $20,000,000 shall remain available until expended to 

3 make payments in advance for grants, contracts and reim4 bursable agreements, and other expenses authorized by 

5 section 501(c) of the Refugee Education Assistance Act 

6 of 1980, for the care and security in the United States 

7 of Cuban and Haitian entrants: Provided further, That the 

8 Director of the Federal Prison System may accept donated 

9 property and services relating to the operation of the pris10 on card program from a not-for-profit entity which has 

11 operated such program in the past notwithstanding the 

12 fact that such not-for-profit entity furnishes services 

13 under contracts to the Federal Prison System relating to 

14 the operation of pre-release services, halfway houses or 

15 other custodial facilities. 

16 BUILDINGS AND FACILITIES

17 For planning, acquisition of sites and construction of 

18 new facilities; purchase and acquisition of facilities and re19 modeling, and equipping of such facilities for penal and 

20 correctional use, including all necessary expenses incident 

21 thereto, by contract or force account; and constructing, 

22 remodeling, and equipping necessary buildings and facili23 ties at existing penal and correctional institutions, includ24 ing all necessary expenses incident thereto, by contract or 

25 force account, $70,112,000, to remain available until ex26 pended, of which not to exceed $14,000,000 shall be avail-
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1 able to construct areas for inmate work programs: Pro2 vided, That labor of United States prisoners may be used 

3 for work performed under this appropriation. 

4 FEDERAL PRISON INDUSTRIES, INCORPORATED

5 The Federal Prison Industries, Incorporated, is here6 by authorized to make such expenditures, within the limits 

7 of funds and borrowing authority available, and in accord 

8 with the law, and to make such contracts and commit9 ments, without regard to fiscal year limitations as pro10 vided by section 9104 of title 31, United States Code, as 

11 may be necessary in carrying out the program set forth 

12 in the budget for the current fiscal year for such corpora13 tion, including purchase (not to exceed five for replace14 ment only) and hire of passenger motor vehicles. 

15 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

16 PRISON INDUSTRIES, INCORPORATED

17 Not to exceed $3,365,000 of the funds of the corpora18 tion shall be available for its administrative expenses, and 

19 for services as authorized by 5 U.S.C. 3109, to be com20 puted on an accrual basis to be determined in accordance 

21 with the corporation’s current prescribed accounting sys22 tem, and such amounts shall be exclusive of depreciation, 

23 payment of claims, and expenditures which such account24 ing system requires to be capitalized or charged to cost 

25 of commodities acquired or produced, including selling and 

26 shipping expenses, and expenses in connection with acqui-
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1 sition, construction, operation, maintenance, improvement, 

2 protection, or disposition of facilities and other property 

3 belonging to the corporation or in which it has an interest. 

4 OFFICE ON VIOLENCE AGAINST WOMEN

5 VIOLENCE AGAINST WOMEN PREVENTION AND

6 PROSECUTION PROGRAMS

7 For grants, contracts, cooperative agreements, and 

8 other assistance for the prevention and prosecution of vio9 lence against women as authorized by the Omnibus Crime 

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

11 the Violent Crime Control and Law Enforcement Act of 

12 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Vic13 tims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the 

14 Prosecutorial Remedies and Other Tools to End the Ex15 ploitation of Children Today Act of 2003 (Public Law 

16 108–21); the Juvenile Justice and Delinquency Prevention 

17 Act of 1974 (‘‘the 1974 Act’’); and the Victims of Traf18 ficking and Violence Protection Act of 2000 (Public Law 

19 106–386); $387,497,000 (increased by $2,000,000), in20 cluding amounts for administrative costs, to remain avail21 able until expended: Provided, That except as otherwise 

22 provided by law, not to exceed three percent of funds made 

23 available under this heading may be used for expenses re24 lated to evaluation, training and technical assistance: Pro25 vided further, That of the amount provided— 
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1 (1) $11,897,000 for the court-appointed special 

2 advocate program, as authorized by section 217 of 

3 the 1990 Act; 

4 (2) $1,925,000 (increased by $2,000,000) for 

5 child abuse training programs for judicial personnel 

6 and practitioners, as authorized by section 222 of 

7 the 1990 Act; 

8 (3) $983,000 for grants for televised testimony, 

9 as authorized by Part N of the 1968 Act; 

10 (4) $187,308,000 for grants to combat violence 

11 against women, as authorized by part T of the 1968 

12 Act, of which— 

13 (A) $5,000,000 shall be for the National 

14 Institute of Justice for research and evaluation 

15 of violence against women; 

16 (B) $10,000,000 shall be for the Office of 

17 Juvenile Justice and Delinquency Prevention 

18 for the Safe Start Program, as authorized by 

19 the 1974 Act; and 

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

21 housing assistance grants for victims of domes22 tic violence, stalking or sexual assault as au23 thorized by Public Law 108–21; 

24 (5) $63,491,000 for grants to encourage arrest 

25 policies as authorized by part U of the 1968 Act; 
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1 (6) $39,685,000 for rural domestic violence and 

2 child abuse enforcement assistance grants, as au3 thorized by section 40295(a) of the 1994 Act; 

4 (7) $4,415,000 for training programs as au5 thorized by section 40152 of the 1994 Act, and for 

6 related local demonstration projects; 

7 (8) $2,950,000 for grants to improve the stalk8 ing and domestic violence databases, as authorized 

9 by section 40602 of the 1994 Act; 

10 (9) $9,175,000 to reduce violent crimes against 

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

12 of Public Law 106–386; 

13 (10) $39,740,000 for legal assistance for vic14 tims, as authorized by section 1201(c) of Public Law 

15 106–386; 

16 (11) $4,600,000 for enhancing protection for 

17 older and disabled women from domestic violence 

18 and sexual assault, as authorized by section 40802 

19 of the 1994 Act; 

20 (12) $14,078,000 for the safe havens for chil21 dren pilot program, as authorized by section 1301(a) 

22 of Public Law 106–386; and 

23 (13) $7,250,000 for education and training to 

24 end violence against and abuse of women with dis-
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1 abilities, as authorized by section 1402(a) of Public 

2 Law 106–386. 

3 OFFICE OF JUSTICE PROGRAMS

4 JUSTICE ASSISTANCE

5 For grants, contracts, cooperative agreements, and 

6 other assistance authorized by title I of the Omnibus 

7 Crime Control and Safe Streets Act of 1968, the Missing 

8 Children’s Assistance Act, including salaries and expenses 

9 in connection therewith, the Prosecutorial Remedies and 

10 Other Tools to end the Exploitation of Children Today Act 

11 of 2003 (Public Law 108–21), and the Victims of Crime 

12 Act of 1984, $227,466,000, to remain available until ex13 pended. 

14 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

15 For grants, contracts, cooperative agreements, and 

16 other assistance authorized by the Violent Crime Control 

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

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

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

20 of Trafficking and Violence Protection Act of 2000 (Public 

21 Law 106–386); and other programs; $1,001,296,000 (re22 duced by $4,000,000) (increased by $50,000,000) (in23 creased by $21,947,600) (including amounts for adminis24 trative costs, which shall be transferred to and merged 

25 with the ‘‘Justice Assistance’’ account): Provided, That 
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1 funding provided under this heading shall remain available 

2 until expended, as follows— 

3 (1) $348,466,000 (reduced by $4,000,000) (in4 creased by $21,947,600) for the Edward Byrne Me5 morial Justice Assistance Grant program pursuant 

6 to the amendments made by section 201 of H.R. 

7 3036 of the 108th Congress, as passed by the House 

8 of Representatives on March 30, 2004 (except that 

9 the special rules for Puerto Rico established pursu10 ant to such amendments shall not apply for purposes 

11 of this Act), of which— 

12 (A) $10,000,000 is for the National Insti13 tute of Justice in assisting units of local gov14 ernment to identify, select, develop, modernize, 

15 and purchase new technologies for use by law 

16 enforcement; and 

17 (B) $85,000,000 for Boys and Girls Clubs 

18 in public housing facilities and other areas in 

19 cooperation with State and local law enforce20 ment, as authorized by section 401 of Public 

21 Law 104–294 (42 U.S.C. 13751 note); 

22 (2) $355,000,000 (increased by $50,000,000) 

23 for the State Criminal Alien Assistance Program, as 

24 authorized by section 242(j) of the Immigration and 

25 Nationality Act; 
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1 (3) $30,000,000 for the Southwest Border 

2 Prosecutor Initiative to reimburse State, county, 

3 parish, tribal, or municipal governments only for 

4 costs associated with the prosecution of criminal 

5 cases declined by local United States Attorneys of6 fices; 

7 (4) $110,000,000 for discretionary grants au8 thorized by subpart 2 of part E, of title I of the 

9 1968 Act, notwithstanding the provisions of section 

10 511 of said Act; 

11 (5) $10,000,000 for victim services programs 

12 for victims of trafficking, as authorized by section 

13 107(b)(2) of Public Law 106–386; 

14 (6) $871,000 for the Missing Alzheimer’s Dis15 ease Patient Alert Program, as authorized by section 

16 240001(c) of the 1994 Act; 

17 (7) $40,000,000 for Drug Courts, as authorized 

18 by Part EE of the 1968 Act; 

19 (8) $10,000,000 for a prescription drug moni20 toring program; 

21 (9) $40,000,000 for prison rape prevention and 

22 prosecution programs, as authorized by the Prison 

23 Rape Elimination Act of 2003 (Public Law 108–79), 

24 of which $2,175,000 shall be transferred to the Na-
25 

HR 2862 PP 

1 tional Prison Rape Elimination Commission for au2 thorized activities; 

3 (10) $25,000,000 for grants for residential sub4 stance abuse treatment for State prisoners, as au5 thorized by part S of the 1968 Act; 

6 (11) $10,359,000 for a program to improve 

7 State and local law enforcement intelligence capabili8 ties including antiterrorism training and training to 

9 ensure that constitutional rights, civil liberties, civil 

10 rights, and privacy interests are protected through11 out the intelligence process; 

12 (12) $10,000,000 for a capital litigation im13 provement grant program; and 

14 (13) $11,600,000 for a cannabis eradication 

15 program to be administered by the Drug Enforce16 ment Administration: 

17 Provided, That, if a unit of local government uses any of 

18 the funds made available under this title to increase the 

19 number of law enforcement officers, the unit of local gov20 ernment will achieve a net gain in the number of law en21 forcement officers who perform nonadministrative public 

22 safety service. 

23 WEED AND SEED PROGRAM FUND

24 For necessary expenses, including salaries and re25 lated expenses of the Executive Office for Weed and Seed, 

26 to implement ‘‘Weed and Seed’’ program activities, 
26 

HR 2862 PP 

1 $50,000,000, to remain available until September 30, 

2 2007, for inter-governmental agreements, including 

3 grants, cooperative agreements, and contracts, with State 

4 and local law enforcement agencies, non-profit organiza5 tions, and agencies of local government engaged in the in6 vestigation and prosecution of violent and gang-related 

7 crimes and drug offenses in ‘‘Weed and Seed’’ designated 

8 communities, and for either reimbursements or transfers 

9 to appropriation accounts of the Department of Justice 

10 and other Federal agencies which shall be specified by the 

11 Attorney General to execute the ‘‘Weed and Seed’’ pro12 gram strategy: Provided, That funds designated by Con13 gress through language for other Department of Justice 

14 appropriation accounts for ‘‘Weed and Seed’’ program ac15 tivities shall be managed and executed by the Attorney 

16 General through the Executive Office for Weed and Seed: 

17 Provided further, That the Attorney General may direct 

18 the use of other Department of Justice funds and per19 sonnel in support of ‘‘Weed and Seed’’ program activities 

20 only after the Attorney General notifies the Committees 

21 on Appropriations of the House of Representatives and the 

22 Senate in accordance with section 605 of this Act: Pro23 vided further, That of the funds appropriated for the Exec24 utive Office for Weed and Seed, not to exceed $2,000,000 
27 

HR 2862 PP 

1 shall be directed for comprehensive community develop2 ment training and technical assistance. 

3 COMMUNITY ORIENTED POLICING SERVICES

4 For activities authorized by the Violent Crime Con5 trol and Law Enforcement Act of 1994 (Public Law 103– 

6 322) (including administrative costs), $520,057,000 (in7 creased by $2,500,000) (increased by $10,000,000) (in8 creased by $34,000,000), to remain available until ex9 pended: Provided, That of the funds under this heading, 

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

11 of Justice Programs for reimbursable services associated 

12 with programs administered by the Community Oriented 

13 Policing Services Office: Provided further, That section 

14 1703(b) and (c) of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply to 

16 non-hiring grants made pursuant to part Q of title I there17 of (42 U.S.C. 3796dd et seq.): Provided further, That up 

18 to $29,000,000 of balances made available as a result of 

19 prior year deobligations may be obligated for program 

20 management and administration: Provided further, That 

21 any balances made available as a result of prior year 

22 deobligations in excess of $29,000,000 shall only be obli23 gated in accordance with section 605 of this Act. Of the 

24 amounts provided— 

25 (1) $30,000,000 is for the matching grant pro26 gram for law enforcement armor vests as authorized 
28 

HR 2862 PP 

1 by section 2501 of part Y of the 1968 Act, of which 

2 not to exceed $3,000,000 shall be for the National 

3 Institute of Justice to test and evaluate vests; 

4 (2) $60,000,000 (increased by $34,000,000) is 

5 for policing initiatives to combat methamphetamine 

6 production and trafficking and to enhance policing 

7 initiatives in ‘‘drug hot spots’’; 

8 (3) $120,000,000 is for a law enforcement tech9 nologies and interoperable communications program; 

10 (4) $25,000,000 (increased by $2,500,000) is 

11 for grants to upgrade criminal records, as authorized 

12 under the Crime Identification Technology Act of 

13 1998 (42 U.S.C. 14601); 

14 (5) $10,000,000 is for an offender re-entry pro15 gram; 

16 (6) $177,057,000 is for a DNA analysis and 

17 capacity enhancement program, and for other State, 

18 local and Federal forensic activities; 

19 (7) $38,000,000 is for law enforcement assist20 ance to Indian tribes; and 

21 (8) $60,000,000 for a national program to re22 duce gang violence. 

23 JUVENILE JUSTICE PROGRAMS

24 For grants, contracts, cooperative agreements, and 

25 other assistance authorized by the Juvenile Justice and 

26 Delinquency Prevention Act of 1974 (‘‘the Act’’), and 
29 

HR 2862 PP 

1 other juvenile justice programs, including salaries and ex2 penses in connection therewith to be transferred to and 

3 merged with the appropriations for Justice Assistance, 

4 $333,712,000, to remain available until expended, as fol5 lows— 

6 (1) $712,000 for concentration of Federal ef7 forts, as authorized by section 204 of the Act; 

8 (2) $83,000,000 for State and local programs 

9 authorized by section 221 of the Act, including 

10 training and technical assistance to assist small, 

11 non-profit organizations with the Federal grants 

12 process; 

13 (3) $70,000,000 for demonstration projects, as 

14 authorized by sections 261 and 262 of the Act; 

15 (4) $5,000,000 for juvenile mentoring pro16 grams; 

17 (5) $80,000,000 for delinquency prevention, as 

18 authorized by section 505 of the Act, of which— 

19 (A) $10,000,000 shall be for the Tribal 

20 Youth Program; 

21 (B) $25,000,000 shall be for a gang resist22 ance education and training program; and 

23 (C) $25,000,000 shall be for grants of 

24 $360,000 to each State and $6,640,000 shall be 

25 available for discretionary grants to States, for 
30 

HR 2862 PP 

1 programs and activities to enforce State laws 

2 prohibiting the sale of alcoholic beverages to 

3 minors or the purchase or consumption of alco4 holic beverages by minors, prevention and re5 duction of consumption of alcoholic beverages 

6 by minors, and for technical assistance and 

7 training; 

8 (6) $5,000,000 for Project Childsafe; 

9 (7) $15,000,000 for the Secure Our Schools 

10 Act as authorized by Public Law 106–386; 

11 (8) $15,000,000 for programs authorized by 

12 the Victims of Child Abuse Act of 1990; and 

13 (9) $60,000,000 for the Juvenile Accountability 

14 Block Grants program as authorized by Public Law 

15 107–273 and Guam shall be considered a State: 

16 Provided, That not more than 10 percent of each amount 

17 may be used for research, evaluation, and statistics activi18 ties designed to benefit the programs or activities author19 ized: Provided further, That not more than 2 percent of 

20 each amount may be used for training and technical as21 sistance: Provided further, That the previous two provisos 

22 shall not apply to demonstration projects, as authorized 

23 by sections 261 and 262 of the Act. 

24 PUBLIC SAFETY OFFICERS BENEFITS

25 To remain available until expended, for payments au26 thorized by part L of title I of the Omnibus Crime Control 
31 

HR 2862 PP 

1 and Safe Streets Act of 1968 (42 U.S.C. 3796), such sums 

2 as are necessary, as authorized by section 6093 of Public 

3 Law 100–690 (102 Stat. 4339–4340); and $4,884,000, to 

4 remain available until expended for payments as author5 ized by section 1201(b) of said Act; and $4,064,000 for 

6 educational assistance, as authorized by section 1212 of 

7 the 1968 Act. 

8 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

9 SEC. 101. In addition to amounts otherwise made 

10 available in this title for official reception and representa11 tion expenses, a total of not to exceed $60,000 from funds 

12 appropriated to the Department of Justice in this title 

13 shall be available to the Attorney General for official re14 ception and representation expenses. 

15 SEC. 102. None of the funds appropriated by this 

16 title shall be available to pay for an abortion, except where 

17 the life of the mother would be endangered if the fetus 

18 were carried to term, or in the case of rape: Provided, 

19 That should this prohibition be declared unconstitutional 

20 by a court of competent jurisdiction, this section shall be 

21 null and void. 

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

23 title shall be used to require any person to perform, or 

24 facilitate in any way the performance of, any abortion. 
32 

HR 2862 PP 

1 SEC. 104. Nothing in the preceding section shall re2 move the obligation of the Director of the Bureau of Pris3 ons to provide escort services necessary for a female in4 mate to receive such service outside the Federal facility: 

5 Provided, That nothing in this section in any way dimin6 ishes the effect of section 103 intended to address the phil7 osophical beliefs of individual employees of the Bureau of 

8 Prisons. 

9 SEC. 105. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of Justice in this Act may be transferred be12 tween such appropriations, but no such appropriation, ex13 cept as otherwise specifically provided, shall be increased 

14 by more than 10 percent by any such transfers: Provided, 

15 That any transfer pursuant to this section shall be treated 

16 as a reprogramming of funds under section 605 of this 

17 Act and shall not be available for obligation except in com18 pliance with the procedures set forth in that section. 

19 SEC. 106. The Attorney General is authorized to ex20 tend through September 30, 2007, the Personnel Manage21 ment Demonstration Project transferred to the Attorney 

22 General pursuant to section 1115 of the Homeland Secu23 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 

24 without limitation on the number of employees or the posi25 tions covered. 
33 

HR 2862 PP 

1 SEC. 107. None of the funds made available in this 

2 Act may be used by the Drug Enforcement Administration 

3 to establish a procurement quota following the approval 

4 of a new drug application or an abbreviated new drug ap5 plication for a controlled substance. 

6 SEC. 108. The limitation established in the preceding 

7 section shall not apply to any new drug application or ab8 breviated new drug application for which the Drug En9 forcement Administration has reviewed and provided pub10 lic comments on labeling, promotion, risk management 

11 plans, and any other documents. 

12 SEC. 109. Notwithstanding any other provision of 

13 law, Public Law 102–395 section 102(b) shall extend to 

14 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

15 in the conduct of undercover investigative operations and 

16 shall apply without fiscal year limitation with respect to 

17 any undercover investigative operation initiated by the Bu18 reau of Alcohol, Tobacco, Firearms and Explosives that 

19 is necessary for the detection and prosecution of crimes 

20 against the United States. 

21 SEC. 110. Any funds provided in this Act under ‘‘De22 partment of Justice’’ used to implement E-Government 

23 Initiatives shall be subject to the procedures set forth in 

24 section 605 of this Act. 
34 

HR 2862 PP 

1 SEC. 111. None of the funds made available to the 

2 Department of Justice in this Act may be used for the 

3 purpose of transporting an individual who is a prisoner 

4 pursuant to conviction for crime under State or Federal 

5 law and is classified as a maximum or high security pris6 oner, other than to a prison or other facility certified by 

7 the Federal Bureau of Prisons as appropriately secure for 

8 housing such a prisoner. 

9 SEC. 112. (a) None of the funds appropriated by this 

10 Act may be used by Federal prisons to purchase cable tele11 vision services, to rent or purchase videocassettes, video12 cassette recorders, or other audiovisual or electronic equip13 ment used primarily for recreational purposes. 

14 (b) The preceding sentence does not preclude the 

15 renting, maintenance, or purchase of audiovisual or elec16 tronic equipment for inmate training, religious, or edu17 cational programs. 

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

19 Appropriations Act, 2006’’. 
35 

HR 2862 PP 

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

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United 

9 States Trade Representative, including the hire of pas10 senger motor vehicles and the employment of experts and 

11 consultants as authorized by 5 U.S.C. 3109, $44,779,000, 

12 of which $1,000,000 shall remain available until expended: 

13 Provided, That not to exceed $124,000 shall be available 

14 for official reception and representation expenses: Pro15 vided further, That not less than $2,000,000 provided 

16 under this heading shall be for expenses authorized by 19 

17 U.S.C. 2451 and 1677b(c). 

18 INTERNATIONAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the International Trade 

21 Commission, including hire of passenger motor vehicles, 

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

23 exceed $2,500 for official reception and representation ex24 penses, $62,752,000, to remain available until expended. 
36 

HR 2862 PP 

1 DEPARTMENT OF COMMERCE 

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

4 For necessary expenses for international trade activi5 ties of the Department of Commerce provided for by law, 

6 and for engaging in trade promotional activities abroad, 

7 including expenses of grants and cooperative agreements 

8 for the purpose of promoting exports of United States 

9 firms, without regard to 44 U.S.C. 3702 and 3703; full 

10 medical coverage for dependent members of immediate 

11 families of employees stationed overseas and employees 

12 temporarily posted overseas; travel and transportation of 

13 employees of the United States and Foreign Commercial 

14 Service between two points abroad, without regard to 49 

15 U.S.C. 40118; employment of Americans and aliens by 

16 contract for services; rental of space abroad for periods 

17 not exceeding 10 years, and expenses of alteration, repair, 

18 or improvement; purchase or construction of temporary 

19 demountable exhibition structures for use abroad; pay20 ment of tort claims, in the manner authorized in the first 

21 paragraph of 28 U.S.C. 2672 when such claims arise in 

22 foreign countries; not to exceed $327,000 for official rep23 resentation expenses abroad; purchase of passenger motor 

24 vehicles for official use abroad, not to exceed $45,000 per 

25 vehicle; obtaining insurance on official motor vehicles; and 
37 

HR 2862 PP 

1 rental of tie lines, $406,925,000, of which $13,000,000 

2 is to be derived from fees to be retained and used by the 

3 International Trade Administration, notwithstanding 31 

4 U.S.C. 3302: Provided, That $47,434,000 shall be for 

5 Manufacturing and Services; $39,815,000 shall be for 

6 Market Access and Compliance; $62,134,000 shall be for 

7 the Import Administration of which not less than 

8 $3,000,000 is for the Office of China Compliance; 

9 $231,722,000 shall be for the United States and Foreign 

10 Commercial Service; and $25,820,000 shall be for Execu11 tive Direction and Administration: Provided further, That 

12 the provisions of the first sentence of section 105(f) and 

13 all of section 108(c) of the Mutual Educational and Cul14 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

15 2458(c)) shall apply in carrying out these activities with16 out regard to section 5412 of the Omnibus Trade and 

17 Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

18 for the purpose of this Act, contributions under the provi19 sions of the Mutual Educational and Cultural Exchange 

20 Act of 1961 shall include payment for assessments for 

21 services provided as part of these activities. 

22 BUREAU OF INDUSTRY AND SECURITY

23 OPERATIONS AND ADMINISTRATION

24 For necessary expenses for export administration and 

25 national security activities of the Department of Com-
38 

HR 2862 PP 

1 merce, including costs associated with the performance of 

2 export administration field activities both domestically and 

3 abroad; full medical coverage for dependent members of 

4 immediate families of employees stationed overseas; em5 ployment of Americans and aliens by contract for services 

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

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

8 arise in foreign countries; not to exceed $15,000 for offi9 cial representation expenses abroad; awards of compensa10 tion to informers under the Export Administration Act of 

11 1979, and as authorized by 22 U.S.C. 401(b); and pur12 chase of passenger motor vehicles for official use and 

13 motor vehicles for law enforcement use with special re14 quirement vehicles eligible for purchase without regard to 

15 any price limitation otherwise established by law, 

16 $77,000,000, to remain available until expended, of which 

17 $14,767,000 shall be for inspections and other activities 

18 related to national security: Provided, That the provisions 

19 of the first sentence of section 105(f) and all of section 

20 108(c) of the Mutual Educational and Cultural Exchange 

21 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

22 in carrying out these activities: Provided further, That 

23 payments and contributions collected and accepted for ma24 terials or services provided as part of such activities may 

25 be retained for use in covering the cost of such activities, 
39 

HR 2862 PP 

1 and for providing information to the public with respect 

2 to the export administration and national security activi3 ties of the Department of Commerce and other export con4 trol programs of the United States and other govern5 ments. 

6 ECONOMIC DEVELOPMENT ADMINISTRATION

7 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

8 For grants for economic development assistance as 

9 provided by the Public Works and Economic Development 

10 Act of 1965, and for trade adjustment assistance, 

11 $200,985,000, to remain available until expended. 

12 SALARIES AND EXPENSES

13 For necessary expenses of administering the eco14 nomic development assistance programs as provided for by 

15 law, $26,584,000: Provided, That these funds may be used 

16 to monitor projects approved pursuant to title I of the 

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

18 Trade Act of 1974, and the Community Emergency 

19 Drought Relief Act of 1977. 

20 MINORITY BUSINESS DEVELOPMENT AGENCY

21 MINORITY BUSINESS DEVELOPMENT

22 For necessary expenses of the Department of Com23 merce in fostering, promoting, and developing minority 

24 business enterprise, including expenses of grants, con25 tracts, and other agreements with public or private organi26 zations, $30,024,000. 
40 

HR 2862 PP 

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, $80,304,000, to remain available until Sep7 tember 30, 2007. 

8 BUREAU OF THE CENSUS

9 SALARIES AND EXPENSES

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

12 by law, $208,029,000 (reduced by $10,000,000). 

13 PERIODIC CENSUSES AND PROGRAMS

14 For necessary expenses related to the 2010 decennial 

15 census, $463,596,000 (reduced by $10,000,000), to re16 main available until September 30, 2007: Provided, That 

17 of the total amount available related to the 2010 decennial 

18 census, $213,849,000 (reduced by $10,000,000) is for the 

19 Re-engineered Design Process for the Short-Form Only 

20 Census, $169,948,000 is for the American Community 

21 Survey, and $79,799,000 is for the Master Address File/ 

22 Topologically Integrated Geographic Encoding and Ref23 erencing (MAF/TIGER) system. 

24 In addition, for expenses to collect and publish statis25 tics for other periodic censuses and programs provided for 

26 by law, $160,612,000, to remain available until September 
41 

HR 2862 PP 

1 30, 2007, of which $72,928,000 is for economic statistics 

2 programs and $87,684,000 is for demographic statistics 

3 programs: Provided, That regarding construction of a fa4 cility at the Suitland Federal Center, quarterly reports re5 garding the expenditure of funds and project planning, de6 sign and cost decisions shall be provided by the Bureau, 

7 in cooperation with the General Services Administration, 

8 to the Committees on Appropriations of the Senate and 

9 the House of Representatives: Provided further, That none 

10 of the funds provided in this or any other Act under the 

11 heading ‘‘Bureau of the Census, Periodic Censuses and 

12 Programs’’ shall be used to fund the construction and ten13 ant build-out costs of a facility at the Suitland Federal 

14 Center: Provided further, That none of the funds provided 

15 in this or any other Act for any fiscal year may be used 

16 for the collection of Census data on race identification that 

17 does not include ‘‘some other race’’ as a category. 

18 NATIONAL TELECOMMUNICATIONS AND INFORMATION

19 ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses, as provided for by law, of 

22 the National Telecommunications and Information Ad23 ministration (NTIA), $17,716,000: Provided, That, not24 withstanding 31 U.S.C. 1535(d), the Secretary of Com25 merce shall charge Federal agencies for costs incurred in 
42 

HR 2862 PP 

1 spectrum management, analysis, and operations, and re2 lated services and such fees shall be retained and used 

3 as offsetting collections for costs of such spectrum serv4 ices, to remain available until expended: Provided further, 

5 That the Secretary of Commerce is authorized to retain 

6 and use as offsetting collections all funds transferred, or 

7 previously transferred, from other Government agencies 

8 for all costs incurred in telecommunications research, en9 gineering, and related activities by the Institute for Tele10 communication Sciences of NTIA, in furtherance of its as11 signed functions under this paragraph, and such funds re12 ceived from other Government agencies shall remain avail13 able until expended. 

14 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

15 AND CONSTRUCTION

16 For the administration of the program as authorized 

17 by section 392 of the Communications Act of 1934, 

18 $2,000,000, to remain available until expended as author19 ized by section 391 of the Act. 

20 UNITED STATES PATENT AND TRADEMARK OFFICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States Patent 

23 and Trademark Office provided for by law, including de24 fense of suits instituted against the Under Secretary of 

25 Commerce for Intellectual Property and Director of the 

26 United States Patent and Trademark Office, 
43 

HR 2862 PP 

1 $1,703,300,000, to remain available until expended: Pro2 vided, That the sum herein appropriated from the general 

3 fund shall be reduced as offsetting collections assessed and 

4 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 

5 and 376 are received during fiscal year 2006, so as to re6 sult in a fiscal year 2006 appropriation from the general 

7 fund estimated at $0: Provided further, That during fiscal 

8 year 2006, should the total amount of offsetting fee collec9 tions be less than $1,703,300,000, this amount shall be 

10 reduced accordingly: Provided further, That not less than 

11 657 full-time equivalents, 690 positions and $85,017,000 

12 shall be for the examination of trademark applications; 

13 and not less than 6,050 full-time equivalents, 6,304 posi14 tions and $926,356,000 shall be for the examination and 

15 searching of patent applications: Provided further, That 

16 not more than 265 full-time equivalents, 272 positions and 

17 $37,490,000 shall be for the Office of the General Coun18 sel: Provided further, That not more than 82 full-time 

19 equivalents, 83 positions and $25,393,000 shall be for the 

20 Office of the Administrator for External Affairs: Provided 

21 further, That from amounts provided herein, not to exceed 

22 $1,000 shall be made available in fiscal year 2006 for offi23 cial reception and representation expenses: Provided fur24 ther, That notwithstanding section 1353 of title 31, 

25 United States Code, no employee of the United States 
44 

HR 2862 PP 

1 Patent and Trademark Office may accept payment or re2 imbursement from a non-Federal entity for travel, subsist3 ence, or related expenses for the purpose of enabling an 

4 employee to attend and participate in a convention, con5 ference, or meeting when the entity offering payment or 

6 reimbursement is a person or corporation subject to regu7 lation by the Office, or represents a person or corporation 

8 subject to regulation by the Office, unless the person or 

9 corporation is an organization exempt from taxation pur10 suant to section 501(c)(3) of the Internal Revenue Code 

11 of 1986: Provided further, That in fiscal year 2006, from 

12 the amounts made available for ‘‘Salaries and Expenses’’ 

13 for the United States Patent and Trademark Office 

14 (PTO), the amounts necessary to pay: (1) the difference 

15 between the percentage of basic pay contributed by the 

16 PTO and employees under section 8334(a) of title 5, 

17 United States Code, and the normal cost percentage (as 

18 defined by section 8331(17) of that title) of basic pay, of 

19 employees subject to subchapter III of chapter 83 of that 

20 title; and (2) the present value of the otherwise unfunded 

21 accruing costs, as determined by the Office of Personnel 

22 Management, of post-retirement life insurance and post23 retirement health benefits coverage for all PTO employees, 

24 shall be transferred to the Civil Service Retirement and 

25 Disability Fund, the Employees Life Insurance Fund, and 
45 

HR 2862 PP 

1 the Employees Health Benefits Fund, as appropriate, and 

2 shall be available for the authorized purposes of those ac3 counts. 

4 SCIENCE AND TECHNOLOGY

5 TECHNOLOGY ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Under Secretary for 

8 Technology Office of Technology Policy, $6,460,000. 

9 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

10 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

11 For necessary expenses of the National Institute of 

12 Standards and Technology, $397,744,000, to remain 

13 available until expended, of which not to exceed $760,000 

14 may be transferred to the ‘‘Working Capital Fund’’. 

15 MANUFACTURING EXTENSION PARTNERSHIPS

16 For necessary expenses of Manufacturing Extension 

17 Partnerships of the National Institute of Standards and 

18 Technology, $106,000,000, to remain available until ex19 pended. 

20 CONSTRUCTION OF RESEARCH FACILITIES

21 For construction of new research facilities, including 

22 architectural and engineering design, and for renovation 

23 and maintenance of existing facilities, not otherwise pro24 vided for the National Institute of Standards and Tech25 nology, as authorized by 15 U.S.C. 278c-278e, 

26 $45,000,000, to remain available until expended. 
46 

HR 2862 PP 

1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of activities authorized by law 

6 for the National Oceanic and Atmospheric Administration, 

7 including maintenance, operation, and hire of aircraft and 

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

9 organizations for the purposes of conducting activities 

10 pursuant to cooperative agreements; and relocation of fa11 cilities, $2,444,000,000 (reduced by $50,000,000), to re12 main available until September 30, 2007: Provided, That 

13 fees and donations received by the National Ocean Service 

14 for the management of national marine sanctuaries may 

15 be retained and used for the salaries and expenses associ16 ated with those activities, notwithstanding 31 U.S.C. 

17 3302: Provided further, That in addition, $3,000,000 shall 

18 be derived by transfer from the fund entitled ‘‘Coastal 

19 Zone Management’’ and in addition $77,000,000 shall be 

20 derived by transfer from the fund entitled ‘‘Promote and 

21 Develop Fishery Products and Research Pertaining to 

22 American Fisheries’’: Provided further, That of the 

23 $2,543,000,000 (reduced by $50,000,000) provided for in 

24 direct obligations under this heading $2,444,000,000 (re25 duced by $50,000,000) is appropriated from the General 

26 Fund, $80,000,000 is provided by transfer, and 
47 

HR 2862 PP 

1 $19,000,000 is derived from deobligations from prior 

2 years: Provided further, That no general administrative 

3 charge shall be applied against an assigned activity in4 cluded in this Act or the report accompanying this Act: 

5 Provided further, That the total amount available for the 

6 National Oceanic and Atmospheric Administration cor7 porate services administrative support costs shall not ex8 ceed $189,010,000: Provided further, That payments of 

9 funds made available under this heading to the Depart10 ment of Commerce Working Capital Fund including De11 partment of Commerce General Counsel legal services 

12 shall not exceed $40,700,000: Provided further, That any 

13 deviation from the amounts designated for specific activi14 ties in the report accompanying this Act, or any use of 

15 deobligated balances of funds provided under this heading 

16 in previous years, shall be subject to the procedures set 

17 forth in section 605 of this Act. 

18 In addition, for necessary retired pay expenses under 

19 the Retired Serviceman’s Family Protection and Survivor 

20 Benefits Plan, and for payments for the medical care of 

21 retired personnel and their dependents under the Depend22 ents Medical Care Act (10 U.S.C. ch. 55), such sums as 

23 may be necessary. 

24 PROCUREMENT, ACQUISITION AND CONSTRUCTION

25 For procurement, acquisition and construction of 

26 capital assets, including alteration and modification costs, 
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1 of the National Oceanic and Atmospheric Administration, 

2 $936,000,000 to remain available until September 30, 

3 2008: Provided, That of the amounts provided for the Na4 tional Polar-orbiting Operational Environmental Satellite 

5 System, funds shall only be made available on a dollar for 

6 dollar matching basis with funds provided for the same 

7 purpose by the Department of Defense: Provided further, 

8 That except to the extent expressly prohibited by any 

9 other law, the Department of Defense may delegate pro10 curement functions related to the National Polar-orbiting 

11 Operational Environmental Satellite System to officials of 

12 the Department of Commerce pursuant to section 2311 

13 of title 10, United States Code: Provided further, That any 

14 deviation from the amounts designated for specific activi15 ties in the report accompanying this Act, or any use of 

16 deobligated balances of funds provided under this heading 

17 in previous years, shall be subject to the procedures set 

18 forth in section 605 of this Act: Provided further, That 

19 none of the funds provided in this Act or any other Act 

20 under the heading ‘‘National Oceanic and Atmospheric 

21 Administration, Procurement, Acquisition and Construc22 tion’’ shall be used to fund the General Services Adminis23 tration’s standard construction and tenant build-out costs 

24 of a facility at the Suitland Federal Center. 
49 

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1 PACIFIC COASTAL SALMON RECOVERY

2 For necessary expenses associated with the restora3 tion of Pacific salmon populations, $50,000,000: Provided, 

4 That this amount shall be available to fund grants to the 

5 States of Washington, Oregon, Idaho, California, and 

6 Alaska, and to the Columbia River and Pacific Coastal 

7 Tribes for projects necessary for restoration of salmon and 

8 steelhead populations that are listed as threatened or en9 dangered, or identified by a State as at-risk to be so-listed, 

10 for maintaining populations necessary for exercise of tribal 

11 treaty fishing rights or native subsistence fishing, or for 

12 conservation of Pacific coastal salmon and steelhead habi13 tat: Provided further, That funds disbursed to States shall 

14 be subject to a matching requirement of funds or docu15 mented in-kind contributions of at least thirty-three per16 cent of the Federal funds: Provided further, That, in order 

17 to fulfill the matching requirement in the previous proviso, 

18 non-Federal contributions of funds pursuant to the pre19 vious proviso must be used in direct support of this pro20 gram. 

21 COASTAL ZONE MANAGEMENT FUND

22 Of amounts collected pursuant to section 308 of the 

23 Coastal Zone Management Act of 1972 (16 U.S.C. 

24 1456a), not to exceed $3,000,000 shall be transferred to 

25 the ‘‘Operations, Research, and Facilities’’ account to off26 set the costs of implementing such Act. 
50 

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1 FISHERIES FINANCE PROGRAM ACCOUNT

2 For the costs of direct loans, $60,000, as authorized 

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

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

5 as defined in the Federal Credit Reform Act of 1990: Pro6 vided further, That these funds are only available to sub7 sidize gross obligations for the principal amount of direct 

8 loans not to exceed $5,000,000 for Individual Fishing 

9 Quota loans, and not to exceed $18,900,000 for fishing 

10 capacity reduction loans: Provided further, That none of 

11 the funds made available under this heading may be used 

12 for direct loans for any new fishing vessel that will in13 crease the harvesting capacity in any United States fish14 ery. 

15 OTHER

16 DEPARTMENTAL MANAGEMENT

17 SALARIES AND EXPENSES

18 For expenses necessary for the departmental manage19 ment of the Department of Commerce provided for by law, 

20 including not to exceed $5,000 for official entertainment, 

21 $47,466,000: Provided, That not to exceed 12 full-time 

22 equivalents and $1,621,000 shall be expended for the leg23 islative affairs function of the Department. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

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

5 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

7 appropriations and funds made available to the Depart8 ment of Commerce by this Act shall be available for the 

9 activities specified in the Act of October 26, 1949 (15 

10 U.S.C. 1514), to the extent and in the manner prescribed 

11 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

12 be used for advanced payments not otherwise authorized 

13 only upon the certification of officials designated by the 

14 Secretary of Commerce that such payments are in the 

15 public interest. 

16 SEC. 202. During the current fiscal year, appropria17 tions made available to the Department of Commerce by 

18 this Act for salaries and expenses shall be available for 

19 hire of passenger motor vehicles as authorized by 31 

20 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

21 3109; and uniforms or allowances therefor, as authorized 

22 by law (5 U.S.C. 5901–5902). 

23 SEC. 203. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Commerce in this Act may be transferred be-
52 

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1 tween such appropriations, but no such appropriation shall 

2 be increased by more than 10 percent by any such trans3 fers: Provided, That any transfer pursuant to this section 

4 shall be treated as a reprogramming of funds under sec5 tion 605 of this Act and shall not be available for obliga6 tion or expenditure except in compliance with the proce7 dures set forth in that section: Provided further, That the 

8 Secretary of Commerce shall notify the Committees on Ap9 propriations at least 15 days in advance of the acquisition 

10 or disposal of any capital asset (including land, structures, 

11 and equipment) not specifically provided for in this or any 

12 other Departments of Commerce, Justice, and State, the 

13 Judiciary, and Related Agencies Appropriations Act. 

14 SEC. 204. Any costs incurred by a department or 

15 agency funded under this title resulting from personnel 

16 actions taken in response to funding reductions included 

17 in this title or from actions taken for the care and protec18 tion of loan collateral or grant property shall be absorbed 

19 within the total budgetary resources available to such de20 partment or agency: Provided, That the authority to trans21 fer funds between appropriations accounts as may be nec22 essary to carry out this section is provided in addition to 

23 authorities included elsewhere in this Act: Provided fur24 ther, That use of funds to carry out this section shall be 

25 treated as a reprogramming of funds under section 605 
53 

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1 of this Act and shall not be available for obligation or ex2 penditure except in compliance with the procedures set 

3 forth in that section. 

4 SEC. 205. Any funds provided in this Act under ‘‘De5 partment of Commerce’’ used to implement E-Government 

6 Initiatives shall be subject to the procedures set forth in 

7 section 605 of this Act. 

8 This title may be cited as the ‘‘Department of Com9 merce and Related Agencies Appropriations Act, 2006’’. 

10 TITLE III—SCIENCE 

11 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

12 For necessary expenses of the Office of Science and 

13 Technology Policy, in carrying out the purposes of the Na14 tional Science and Technology Policy, Organization, and 

15 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 

16 passenger motor vehicles, and services as authorized by 

17 5 U.S.C. 3109, not to exceed $2,500 for official reception 

18 and representation expenses, and rental of conference 

19 rooms in the District of Columbia, $5,564,000. 

20 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

21 SCIENCE, AERONAUTICS AND EXPLORATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses, not otherwise provided for, 

24 in the conduct and support of science, aeronautics and ex25 ploration research and development activities, including 

26 research, development, operations, support and services; 
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1 maintenance; construction of facilities including repair, re2 habilitation, revitalization, and modification of facilities, 

3 construction of new facilities and additions to existing fa4 cilities, facility planning and design, and restoration, and 

5 acquisition or condemnation of real property, as author6 ized by law; environmental compliance and restoration; 

7 space flight, spacecraft control and communications activi8 ties including operations, production, and services; pro9 gram management; personnel and related costs, including 

10 uniforms or allowances therefor, as authorized by 5 U.S.C. 

11 5901–5902; travel expenses; purchase and hire of pas12 senger motor vehicles; not to exceed $35,000 for official 

13 reception and representation expenses; and purchase, 

14 lease, charter, maintenance and operation of mission and 

15 administrative aircraft, $9,725,750,000, to remain avail16 able until September 30, 2007, of which amounts as deter17 mined by the Administrator for salaries and benefits; 

18 training, travel and awards; facility and related costs; in19 formation technology services; science, engineering, fabri20 cating and testing services; and other administrative serv21 ices may be transferred to ‘‘Exploration Capabilities’’ in 

22 accordance with section 312(b) of the National Aero23 nautics and Space Act of 1958, as amended by Public Law 

24 106–377: Provided, That any funds provided under this 

25 heading used to implement E-Government Initiatives shall 
55 

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1 be subject to the procedures set forth in section 605 of 

2 this Act. 

3 EXPLORATION CAPABILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of exploration capabilities re7 search and development activities, including research, de8 velopment, operations, support and services; maintenance; 

9 construction of facilities including repair, rehabilitation, 

10 revitalization and modification of facilities, construction of 

11 new facilities and additions to existing facilities, facility 

12 planning and design, and acquisition or condemnation of 

13 real property, as authorized by law; environmental compli14 ance and restoration; space flight, spacecraft control and 

15 communications activities including operations, produc16 tion, and services; program management; personnel and 

17 related costs, including uniforms or allowances therefor, 

18 as authorized by 5 U.S.C. 5901–5902; travel expenses; 

19 purchase and hire of passenger motor vehicles; not to ex20 ceed $35,000 for official reception and representation ex21 penses; and purchase, lease, charter, maintenance and op22 eration of mission and administrative aircraft, 

23 $6,712,900,000, to remain available until September 30, 

24 2007, of which amounts as determined by the Adminis25 trator for salaries and benefits; training, travel and 

26 awards; facility and related costs; information technology 
56 

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1 services; science, engineering, fabricating and testing serv2 ices; and other administrative services may be transferred 

3 to ‘‘Science, Aeronautics and Exploration’’ in accordance 

4 with section 312(b) of the National Aeronautics and Space 

5 Act of 1958, as amended by Public Law 106–377: Pro6 vided, That any funds provided under this heading used 

7 to implement E-Government Initiatives shall be subject to 

8 the procedures set forth in section 605 of this Act. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the Inspector General Act of 1978, 

12 as amended, $32,400,000. 

13 ADMINISTRATIVE PROVISIONS

14 Notwithstanding the limitation on the availability of 

15 funds appropriated for ‘‘Science, Aeronautics and Explo16 ration’’, or ‘‘Exploration Capabilities’’ by this appropria17 tions Act, when any activity has been initiated by the in18 currence of obligations for construction of facilities or en19 vironmental compliance and restoration activities as au20 thorized by law, such amount available for such activity 

21 shall remain available until expended. This provision does 

22 not apply to the amounts appropriated for institutional 

23 minor revitalization and construction of facilities, and in24 stitutional facility planning and design. 

25 Notwithstanding the limitation on the availability of 

26 funds appropriated for ‘‘Science, Aeronautics and Explo-
57 

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1 ration’’, or ‘‘Exploration Capabilities’’ by this appropria2 tions Act, the amounts appropriated for construction of 

3 facilities shall remain available until September 30, 2008. 

4 From amounts made available in this Act for these 

5 activities, subject to the operating plan procedures of the 

6 House and Senate Committees on Appropriations, the Ad7 ministrator may transfer amounts between the ‘‘Science, 

8 Aeronautics, and Exploration’’ account and the ‘‘Explo9 ration Capabilities’’ account during fiscal year 2006. 

10 Funds for announced prizes otherwise authorized 

11 shall remain available, without fiscal year limitation, until 

12 the prize is claimed or the offer is withdrawn. 

13 Funding made available under the headings ‘‘Explo14 ration Capabilities’’ and ‘‘Science, Aeronautics, and Ex15 ploration’’ in this Act shall be governed by the terms and 

16 conditions specified in the statement of managers accom17 panying the conference report for this Act. 

18 NATIONAL SCIENCE FOUNDATION

19 RESEARCH AND RELATED ACTIVITIES

20 For necessary expenses in carrying out the National 

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

22 1861–1875), and the Act to establish a National Medal 

23 of Science (42 U.S.C. 1880–1881); services as authorized 

24 by 5 U.S.C. 3109; maintenance and operation of aircraft 

25 and purchase of flight services for research support; acqui-
58 

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1 sition of aircraft; $4,377,520,000 to remain available until 

2 September 30, 2007, of which not to exceed $425,000,000 

3 shall remain available until expended for Polar research 

4 and operations support, and for reimbursement to other 

5 Federal agencies for operational and science support and 

6 logistical and other related activities for the United States 

7 Antarctic program: Provided, That from amounts specified 

8 for Polar research and operations support, the National 

9 Science Foundation may reimburse the Coast Guard for 

10 such sums as determined by the Director of the National 

11 Science Foundation to be necessary to support the Foun12 dation’s mission requirements: Provided further, That any 

13 reimbursement pursuant to the previous proviso shall be 

14 treated as a reprogramming under section 605 of this Act 

15 and shall not be available for obligation or expenditure ex16 cept in compliance with the procedures set forth in that 

17 section: Provided further, That receipts for scientific sup18 port services and materials furnished by the National Re19 search Centers and other National Science Foundation 

20 supported research facilities may be credited to this appro21 priation: Provided further, That funds under this heading 

22 may be available for innovation inducement prizes. 

23 MAJOR RESEARCH EQUIPMENT AND FACILITIES

24 CONSTRUCTION

25 For necessary expenses for the acquisition, construc26 tion, commissioning, and upgrading of major research 
59 

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1 equipment, facilities, and other such capital assets pursu2 ant to the National Science Foundation Act of 1950, as 

3 amended, including authorized travel, $193,350,000, to 

4 remain available until expended. 

5 EDUCATION AND HUMAN RESOURCES

6 For necessary expenses in carrying out science and 

7 engineering education and human resources programs and 

8 activities pursuant to the National Science Foundation 

9 Act of 1950, as amended (42 U.S.C. 1861–1875), includ10 ing services as authorized by 5 U.S.C. 3109, and rental 

11 of conference rooms in the District of Columbia, 

12 $807,000,000, to remain available until September 30, 

13 2007. 

14 SALARIES AND EXPENSES

15 For salaries and expenses necessary in carrying out 

16 the National Science Foundation Act of 1950, as amended 

17 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

18 3109; hire of passenger motor vehicles; not to exceed 

19 $9,000 for official reception and representation expenses; 

20 uniforms or allowances therefor, as authorized by 5 U.S.C. 

21 5901–5902; rental of conference rooms in the District of 

22 Columbia; and reimbursement of the General Services Ad23 ministration for security guard services; $250,000,000: 

24 Provided, That contracts may be entered into under ‘‘Sala25 ries and Expenses’’ in fiscal year 2006 for maintenance 
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1 and operation of facilities, and for other services, to be 

2 provided during the next fiscal year. 

3 OFFICE OF THE NATIONAL SCIENCE BOARD

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms in the District of Columbia, 

7 and the employment of experts and consultants under sec8 tion 3109 of title 5, United States Code) involved in car9 rying out section 4 of the National Science Foundation 

10 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

11 (42 U.S.C. 1880 et seq.), $4,000,000: Provided, That not 

12 more than $9,000 shall be available for official reception 

13 and representation expenses. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General as authorized by the Inspector General Act of 

17 1978, as amended, $11,500,000, to remain available until 

18 September 30, 2007. 

19 This title may be cited as the ‘‘Science Appropria20 tions Act, 2006’’. 
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1 TITLE IV—DEPARTMENT OF STATE AND 

2 RELATED AGENCY 

3 DEPARTMENT OF STATE 

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 For necessary expenses of the Department of State 

7 and the Foreign Service not otherwise provided for, includ8 ing employment, without regard to civil service and classi9 fication laws, of persons on a temporary basis (not to ex10 ceed $700,000 of this appropriation), as authorized by 

11 section 801 of the United States Information and Edu12 cational Exchange Act of 1948; representation to certain 

13 international organizations in which the United States 

14 participates pursuant to treaties ratified pursuant to the 

15 advice and consent of the Senate or specific Acts of Con16 gress; arms control, nonproliferation and disarmament ac17 tivities as authorized; acquisition by exchange or purchase 

18 of passenger motor vehicles as authorized by law; and for 

19 expenses of general administration, $3,747,118,000: Pro20 vided, That not to exceed 71 permanent positions and 

21 $9,804,000 shall be for the Bureau of Legislative Affairs: 

22 Provided further, That, of the amount made available 

23 under this heading, not to exceed $4,000,000 may be 

24 transferred to, and merged with, funds in the ‘‘Emer25 gencies in the Diplomatic and Consular Service’’ appro-
62 

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1 priations account, to be available only for emergency evac2 uations and terrorism rewards: Provided further, That, of 

3 the amount made available under this heading, 

4 $340,000,000 shall be available only for public diplomacy 

5 international information programs: Provided further, 

6 That of the amount made available under this heading, 

7 $3,000,000 shall be available only for the operations of 

8 the Office on Right-Sizing the United States Government 

9 Overseas Presence: Provided further, That funds available 

10 under this heading may be available for a United States 

11 Government interagency task force to examine, coordinate 

12 and oversee United States participation in the United Na13 tions headquarters renovation project: Provided further, 

14 That no funds may be obligated or expended for proc15 essing licenses for the export of satellites of United States 

16 origin (including commercial satellites and satellite compo17 nents) to the People’s Republic of China unless, at least 

18 15 days in advance, the Committees on Appropriations of 

19 the House of Representatives and the Senate are notified 

20 of such proposed action. 

21 In addition, not to exceed $1,469,000 shall be derived 

22 from fees collected from other executive agencies for lease 

23 or use of facilities located at the International Center in 

24 accordance with section 4 of the International Center Act; 

25 in addition, as authorized by section 5 of such Act, 
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1 $490,000, to be derived from the reserve authorized by 

2 that section, to be used for the purposes set out in that 

3 section; in addition, as authorized by section 810 of the 

4 United States Information and Educational Exchange 

5 Act, not to exceed $6,000,000, to remain available until 

6 expended, may be credited to this appropriation from fees 

7 or other payments received from English teaching, library, 

8 motion pictures, and publication programs and from fees 

9 from educational advising and counseling and exchange 

10 visitor programs; and, in addition, not to exceed $15,000, 

11 which shall be derived from reimbursements, surcharges, 

12 and fees for use of Blair House facilities. 

13 In addition, for the costs of worldwide security up14 grades, $689,523,000, to remain available until expended. 

15 CAPITAL INVESTMENT FUND

16 For necessary expenses of the Capital Investment 

17 Fund, $128,263,000 (reduced by $59,142,000), to remain 

18 available until expended, as authorized: Provided, That 

19 section 135(e) of Public Law 103–236 shall not apply to 

20 funds available under this heading. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General, $29,983,000, notwithstanding section 209(a)(1) 

24 of the Foreign Service Act of 1980 (Public Law 96–465), 

25 as it relates to post inspections. 
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1 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

2 For expenses of educational and cultural exchange 

3 programs, as authorized, $410,400,000, to remain avail4 able until expended: Provided, That not to exceed 

5 $2,000,000, to remain available until expended, may be 

6 credited to this appropriation from fees or other payments 

7 received from or in connection with English teaching, edu8 cational advising and counseling programs, and exchange 

9 visitor programs as authorized. 

10 REPRESENTATION ALLOWANCES

11 For representation allowances as authorized, 

12 $8,281,000. 

13 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

14 For expenses, not otherwise provided, to enable the 

15 Secretary of State to provide for extraordinary protective 

16 services, as authorized, $9,390,000, to remain available 

17 until September 30, 2007. 

18 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

19 For necessary expenses for carrying out the Foreign 

20 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre21 serving, maintaining, repairing, and planning for buildings 

22 that are owned or directly leased by the Department of 

23 State, renovating, in addition to funds otherwise available, 

24 the Harry S Truman Building, and carrying out the Dip25 lomatic Security Construction Program as authorized, 

26 $603,510,000, to remain available until expended as au-
65 

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1 thorized, of which not to exceed $25,000 may be used for 

2 domestic and overseas representation as authorized: Pro3 vided, That none of the funds appropriated in this para4 graph shall be available for acquisition of furniture, fur5 nishings, or generators for other departments and agen6 cies. 

7 In addition, for the costs of worldwide security up8 grades, acquisition, and construction as authorized, 

9 $910,200,000, to remain available until expended. 

10 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

11 SERVICE

12 For expenses necessary to enable the Secretary of 

13 State to meet unforeseen emergencies arising in the Diplo14 matic and Consular Service, $10,000,000, to remain avail15 able until expended as authorized, of which not to exceed 

16 $1,000,000 may be transferred to and merged with the 

17 Repatriation Loans Program Account, subject to the same 

18 terms and conditions. 

19 REPATRIATION LOANS PROGRAM ACCOUNT

20 For the cost of direct loans, $712,000, as authorized: 

21 Provided, That such costs, including the cost of modifying 

22 such loans, shall be as defined in section 502 of the Con23 gressional Budget Act of 1974. In addition, for adminis24 trative expenses necessary to carry out the direct loan pro25 gram, $607,000, which may be transferred to and merged 
66 

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1 with the Diplomatic and Consular Programs account 

2 under Administration of Foreign Affairs. 

3 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

4 For necessary expenses to carry out the Taiwan Rela5 tions Act (Public Law 96–8), $19,751,000. 

6 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

7 DISABILITY FUND

8 For payment to the Foreign Service Retirement and 

9 Disability Fund, as authorized by law, $131,700,000. 

10 INTERNATIONAL ORGANIZATIONS

11 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

12 For expenses, not otherwise provided for, necessary 

13 to meet annual obligations of membership in international 

14 multilateral organizations, pursuant to treaties ratified 

15 pursuant to the advice and consent of the Senate, conven16 tions or specific Acts of Congress, $1,166,212,000 (re17 duced by $21,947,600): Provided, That the Secretary of 

18 State shall, at the time of the submission of the Presi19 dent’s budget to Congress under section 1105(a) of title 

20 31, United States Code, transmit to the Committees on 

21 Appropriations of the Senate and of the House of Rep22 resentatives the most recent biennial budget prepared by 

23 the United Nations for the operations of the United Na24 tions: Provided further, That the Secretary of State shall 

25 notify the Committees on Appropriations at least 15 days 

26 in advance (or in an emergency, as far in advance as is 
67 

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1 practicable) of any United Nations action to increase 

2 funding for any United Nations program without identi3 fying an offsetting decrease elsewhere in the United Na4 tions budget and cause the United Nations budget for the 

5 biennium 2006–2007 to exceed the revised United Nations 

6 budget level for the biennium 2004–2005 of 

7 $3,695,480,000: Provided further, That any payment of 

8 arrearages under this title shall be directed toward special 

9 activities that are mutually agreed upon by the United 

10 States and the respective international organization: Pro11 vided further, That none of the funds appropriated in this 

12 paragraph shall be available for a United States contribu13 tion to an international organization for the United States 

14 share of interest costs made known to the United States 

15 Government by such organization for loans incurred on 

16 or after October 1, 1984, through external borrowings. 

17 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

18 ACTIVITIES

19 For necessary expenses to pay assessed and other ex20 penses of international peacekeeping activities directed to 

21 the maintenance or restoration of international peace and 

22 security, $1,035,500,000, of which 15 percent shall re23 main available until September 30, 2007: Provided, That 

24 none of the funds made available under this Act shall be 

25 obligated or expended for any new or expanded United 

26 Nations peacekeeping mission unless, at least 15 days in 
68 

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1 advance of voting for the new or expanded mission in the 

2 United Nations Security Council (or in an emergency as 

3 far in advance as is practicable): (1) the Committees on 

4 Appropriations of the House of Representatives and the 

5 Senate and other appropriate committees of the Congress 

6 are notified of the estimated cost and length of the mis7 sion, the vital national interest that will be served, and 

8 the planned exit strategy; (2) the Committees on Appro9 priations of the House of Representatives and the Senate 

10 and other appropriate committees of the Congress are no11 tified that the United Nations has taken appropriate 

12 measures to prevent United Nations employees, contractor 

13 personnel, and peacekeeping forces serving in any United 

14 Nations peacekeeping mission from trafficking in persons, 

15 exploiting victims of trafficking, or committing acts of ille16 gal sexual exploitation, and to hold accountable any such 

17 individuals who engage in any such acts while partici18 pating in the peacekeeping mission; and (3) a reprogram19 ming of funds pursuant to section 605 of this Act is sub20 mitted, and the procedures therein followed, setting forth 

21 the source of funds that will be used to pay for the cost 

22 of the new or expanded mission: Provided further, That 

23 funds shall be available for peacekeeping expenses only 

24 upon a certification by the Secretary of State to the appro25 priate committees of the Congress that American manu-
69 

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1 facturers and suppliers are being given opportunities to 

2 provide equipment, services, and material for United Na3 tions peacekeeping activities equal to those being given to 

4 foreign manufacturers and suppliers: Provided further, 

5 That none of the funds made available under this heading 

6 are available to pay the United States share of the cost 

7 of court monitoring that is part of any United Nations 

8 peacekeeping mission. 

9 INTERNATIONAL COMMISSIONS

10 For necessary expenses, not otherwise provided for, 

11 to meet obligations of the United States arising under 

12 treaties, or specific Acts of Congress, as follows: 

13 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

14 UNITED STATES AND MEXICO

15 For necessary expenses for the United States Section 

16 of the International Boundary and Water Commission, 

17 United States and Mexico, and to comply with laws appli18 cable to the United States Section, including not to exceed 

19 $6,000 for representation; as follows: 

20 SALARIES AND EXPENSES

21 For salaries and expenses, not otherwise provided for, 

22 $27,000,000. 

23 CONSTRUCTION

24 For detailed plan preparation and construction of au25 thorized projects, $5,300,000, to remain available until ex26 pended, as authorized. 
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1 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided, for 

3 the International Joint Commission and the International 

4 Boundary Commission, United States and Canada, as au5 thorized by treaties between the United States and Can6 ada or Great Britain, and for the Border Environment 

7 Cooperation Commission as authorized by Public Law 

8 103–182, $9,500,000, of which not to exceed $9,000 shall 

9 be available for representation expenses incurred by the 

10 International Joint Commission. 

11 INTERNATIONAL FISHERIES COMMISSIONS

12 For necessary expenses for international fisheries 

13 commissions, not otherwise provided for, as authorized by 

14 law, $22,000,000: Provided, That the United States’ share 

15 of such expenses may be advanced to the respective com16 missions pursuant to 31 U.S.C. 3324. 

17 OTHER

18 PAYMENT TO THE ASIA FOUNDATION

19 For a grant to the Asia Foundation, as authorized 

20 by the Asia Foundation Act (22 U.S.C. 4402), 

21 $10,000,000, to remain available until expended, as au22 thorized. 

23 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

24 For necessary expenses of Eisenhower Exchange Fel25 lowships, Incorporated, as authorized by sections 4 and 

26 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 
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1 U.S.C. 5204–5205), all interest and earnings accruing to 

2 the Eisenhower Exchange Fellowship Program Trust 

3 Fund on or before September 30, 2006, to remain avail4 able until expended: Provided, That none of the funds ap5 propriated herein shall be used to pay any salary or other 

6 compensation, or to enter into any contract providing for 

7 the payment thereof, in excess of the rate authorized by 

8 5 U.S.C. 5376; or for purposes which are not in accord9 ance with OMB Circulars A–110 (Uniform Administrative 

10 Requirements) and A–122 (Cost Principles for Non-profit 

11 Organizations), including the restrictions on compensation 

12 for personal services. 

13 ISRAELI ARAB SCHOLARSHIP PROGRAM

14 For necessary expenses of the Israeli Arab Scholar15 ship Program as authorized by section 214 of the Foreign 

16 Relations Authorization Act, Fiscal Years 1992 and 1993 

17 (22 U.S.C. 2452), all interest and earnings accruing to 

18 the Israeli Arab Scholarship Fund on or before September 

19 30, 2006, to remain available until expended. 

20 EAST-WEST CENTER

21 To enable the Secretary of State to provide for car22 rying out the provisions of the Center for Cultural and 

23 Technical Interchange Between East and West Act of 

24 1960, by grant to the Center for Cultural and Technical 

25 Interchange Between East and West in the State of Ha26 waii, $6,000,000: Provided, That none of the funds appro-
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1 priated herein shall be used to pay any salary, or enter 

2 into any contract providing for the payment thereof, in 

3 excess of the rate authorized by 5 U.S.C. 5376. 

4 NATIONAL ENDOWMENT FOR DEMOCRACY

5 For grants made by the Department of State to the 

6 National Endowment for Democracy as authorized by the 

7 National Endowment for Democracy Act, $50,000,000, to 

8 remain available until expended. 

9 RELATED AGENCY 

10 BROADCASTING BOARD OF GOVERNORS

11 INTERNATIONAL BROADCASTING OPERATIONS

12 For expenses necessary to enable the Broadcasting 

13 Board of Governors, as authorized, to carry out inter14 national communication activities, including the purchase, 

15 installation, rent, and improvement of facilities for radio 

16 and television transmission and reception to Cuba, and to 

17 make and supervise grants for radio and television broad18 casting to the Middle East, $620,000,000: Provided, That 

19 of the total amount in this heading, not to exceed $16,000 

20 may be used for official receptions within the United 

21 States as authorized, not to exceed $35,000 may be used 

22 for representation abroad as authorized, and not to exceed 

23 $39,000 may be used for official reception and representa24 tion expenses of Radio Free Europe/Radio Liberty; and 

25 in addition, notwithstanding any other provision of law, 

26 not to exceed $2,000,000 in receipts from advertising and 
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1 revenue from business ventures, not to exceed $500,000 

2 in receipts from cooperating international organizations, 

3 and not to exceed $1,000,000 in receipts from privatiza4 tion efforts of the Voice of America and the International 

5 Broadcasting Bureau, to remain available until expended 

6 for carrying out authorized purposes. 

7 BROADCASTING CAPITAL IMPROVEMENTS

8 For the purchase, rent, construction, and improve9 ment of facilities for radio and television transmission and 

10 reception, and purchase and installation of necessary 

11 equipment for radio and television transmission and recep12 tion as authorized, $10,893,000, to remain available until 

13 expended, as authorized. 

14 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

15 RELATED AGENCY

16 SEC. 401. Funds appropriated under this title shall 

17 be available, except as otherwise provided, for allowances 

18 and differentials as authorized by subchapter 59 of title 

19 5, United States Code; for services as authorized by 5 

20 U.S.C. 3109; and for hire of passenger transportation pur21 suant to 31 U.S.C. 1343(b). 

22 SEC. 402. Not to exceed 5 percent of any appropria23 tion made available for the current fiscal year for the De24 partment of State in this Act may be transferred between 

25 such appropriations, but no such appropriation, except as 

26 otherwise specifically provided, shall be increased by more 
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1 than 10 percent by any such transfers: Provided, That not 

2 to exceed 5 percent of any appropriation made available 

3 for the current fiscal year for the Broadcasting Board of 

4 Governors in this Act may be transferred between such 

5 appropriations, but no such appropriation, except as oth6 erwise specifically provided, shall be increased by more 

7 than 10 percent by any such transfers: Provided further, 

8 That any transfer pursuant to this section shall be treated 

9 as a reprogramming of funds under section 605 of this 

10 Act and shall not be available for obligation or expenditure 

11 except in compliance with the procedures set forth in that 

12 section. 

13 SEC. 403. None of the funds made available in this 

14 Act may be used by the Department of State or the Broad15 casting Board of Governors to provide equipment, tech16 nical support, consulting services, or any other form of 

17 assistance to the Palestinian Broadcasting Corporation. 

18 SEC. 404. (a) The Senior Policy Operating Group on 

19 Trafficking in Persons, established under section 406 of 

20 division B of Public Law 108–7 to coordinate agency ac21 tivities regarding policies (including grants and grant poli22 cies) involving the international trafficking in persons, 

23 shall coordinate all such policies related to the activities 

24 of traffickers and victims of severe forms of trafficking. 
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1 (b) None of the funds provided in this or any other 

2 Act shall be expended to perform functions that duplicate 

3 coordinating responsibilities of the Operating Group. 

4 (c) The Operating Group shall continue to report only 

5 to the authorities that appointed them pursuant to section 

6 406 of division B of Public Law 108–7. 

7 SEC. 405. Any funds provided in this Act under ‘‘De8 partment of State’’ used to implement E-Government Ini9 tiatives shall be subject to the procedures set forth in sec10 tion 605 of this Act. 

11 SEC. 406. (a) Subsection (f) of section 36 of the State 

12 Department Basic Authorities Act of 1956 (22 U.S.C. 

13 2708(f)) is amended— 

14 (1) by striking ‘‘(f) INELIGIBILITY.—An offi15 cer’’ and inserting the following: 

16 ‘‘(f) INELIGIBILITY.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), an officer’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) EXCEPTION IN CERTAIN CIR22 CUMSTANCES.—The Secretary may pay a reward to 

23 an officer or employee of a foreign government (or 

24 any entity thereof) who, while in the performance of 

25 his or her official duties, furnishes information de-
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1 scribed in such subsection, if the Secretary deter2 mines that such payment satisfies the following con3 ditions: 

4 ‘‘(A) Such payment is appropriate in light 

5 of the exceptional or high-profile nature of the 

6 information furnished pursuant to such sub7 section. 

8 ‘‘(B) Such payment may aid in furnishing 

9 further information described in such sub10 section. 

11 ‘‘(C) Such payment is formally requested 

12 by such agency.’’. 

13 (b) Subsection (b) of such section (22 U.S.C. 

14 2708(b)) is amended in the matter preceding paragraph 

15 (1) by inserting ‘‘or to an officer or employee of a foreign 

16 government in accordance with subsection (f)(2)’’ after 

17 ‘‘individual’’. 

18 This title may be cited as the ‘‘Department of State 

19 and Related Agency Appropriations Act, 2006’’. 

20 TITLE V—RELATED AGENCIES 

21 ANTITRUST MODERNIZATION COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Antitrust Moderniza24 tion Commission, as authorized by Public Law 107–273, 

25 $1,172,000, to remain available until expended. 
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1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation 

5 of America’s Heritage Abroad, $499,000, as authorized by 

6 section 1303 of Public Law 99–83. 

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil 

10 Rights, including hire of passenger motor vehicles, 

11 $9,096,000: Provided, That none of the funds appro12 priated in this paragraph shall be used to employ in excess 

13 of four full-time individuals under Schedule C of the Ex14 cepted Service exclusive of one special assistant for each 

15 Commissioner: Provided further, That none of the funds 

16 appropriated in this paragraph shall be used to reimburse 

17 Commissioners for more than 75 billable days, with the 

18 exception of the chairperson, who is permitted 125 billable 

19 days. 

20 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

21 SALARIES AND EXPENSES

22 For necessary expenses for the United States Com23 mission on International Religious Freedom, as authorized 

24 by title II of the International Religious Freedom Act of 
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1 1998 (Public Law 105–292), $3,200,000, to remain avail2 able until expended. 

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public 

8 Law 94–304, $2,030,000, to remain available until ex9 pended as authorized by section 3 of Public Law 99–7. 

10 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

11 PEOPLE’S REPUBLIC OF CHINA

12 SALARIES AND EXPENSES

13 For necessary expenses of the Congressional-Execu14 tive Commission on the People’s Republic of China, as au15 thorized, $1,900,000, including not more than $3,000 for 

16 the purpose of official representation, to remain available 

17 until expended. 

18 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Equal Employment 

21 Opportunity Commission as authorized by title VII of the 

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

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

24 Rights Act of 1991, including services as authorized by 

25 5 U.S.C. 3109; hire of passenger motor vehicles as author-
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1 ized by 31 U.S.C. 1343(b); non-monetary awards to pri2 vate citizens; and not to exceed $33,000,000 for payments 

3 to State and local enforcement agencies for services to the 

4 Commission pursuant to title VII of the Civil Rights Act 

5 of 1964, sections 6 and 14 of the Age Discrimination in 

6 Employment Act, the Americans with Disabilities Act of 

7 1990, and the Civil Rights Act of 1991, $331,228,000: 

8 Provided, That the Commission is authorized to make 

9 available for official reception and representation expenses 

10 not to exceed $2,500 from available funds: Provided fur11 ther, That the Commission may take no action to imple12 ment any workforce repositioning, restructuring, or reor13 ganization until such time as the Committees on Appro14 priations have been notified of such proposals, in accord15 ance with the reprogramming provisions of section 605 of 

16 this Act. 

17 FEDERAL COMMUNICATIONS COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Communica20 tions Commission, as authorized by law, including uni21 forms and allowances therefor, as authorized by 5 U.S.C. 

22 5901–5902; not to exceed $4,000 for official reception and 

23 representation expenses; purchase and hire of motor vehi24 cles; special counsel fees; and services as authorized by 

25 5 U.S.C. 3109, $289,771,000: Provided, That 
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1 $288,771,000 of offsetting collections shall be assessed 

2 and collected pursuant to section 9 of title I of the Com3 munications Act of 1934, shall be retained and used for 

4 necessary expenses in this appropriation, and shall remain 

5 available until expended: Provided further, That the sum 

6 herein appropriated shall be reduced as such offsetting 

7 collections are received during fiscal year 2006 so as to 

8 result in a final fiscal year 2006 appropriation estimated 

9 at $1,000,000: Provided further, That any offsetting col10 lections received in excess of $288,771,000 in fiscal year 

11 2006 shall remain available until expended, but shall not 

12 be available for obligation until October 1, 2006: Provided 

13 further, That any funds provided under this heading used 

14 to implement E-Government Initiatives shall be subject to 

15 the procedures set forth in section 605 of this Act. 

16 FEDERAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Trade Com19 mission, including uniforms or allowances therefor, as au20 thorized by 5 U.S.C. 5901–5902; services as authorized 

21 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

22 not to exceed $2,000 for official reception and representa23 tion expenses, $211,000,000, to remain available until ex24 pended: Provided, That not to exceed $300,000 shall be 

25 available for use to contract with a person or persons for 
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1 collection services in accordance with the terms of 31 

2 U.S.C. 3718: Provided further, That, notwithstanding any 

3 other provision of law, not to exceed $116,000,000 of off4 setting collections derived from fees collected for 

5 premerger notification filings under the Hart-Scott-Ro6 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

7 18a), regardless of the year of collection, shall be retained 

8 and used for necessary expenses in this appropriation: 

9 Provided further, That $23,000,000 in offsetting collec10 tions derived from fees sufficient to implement and enforce 

11 the Telemarketing Sales Rule, promulgated under the 

12 Telephone Consumer Fraud and Abuse Prevention Act 

13 (15 U.S.C. 6101 et seq.), shall be credited to this account, 

14 and be retained and used for necessary expenses in this 

15 appropriation: Provided further, That the sum herein ap16 propriated from the general fund shall be reduced as such 

17 offsetting collections are received during fiscal year 2006, 

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

19 from the general fund estimated at not more than 

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

21 made available to the Federal Trade Commission may be 

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

23 Deposit Insurance Act (12 U.S.C. 1831t) or section 

24 151(b)(2) of the Federal Deposit Insurance Corporation 

25 Improvement Act of 1991 (12 U.S.C. 1831t note). 
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1 HELP COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the HELP Commission, 

4 $1,000,000, to remain available until expended. 

5 LEGAL SERVICES CORPORATION

6 PAYMENT TO THE LEGAL SERVICES CORPORATION

7 For payment to the Legal Services Corporation to 

8 carry out the purposes of the Legal Services Corporation 

9 Act of 1974, $330,803,000, of which $313,683,000 is for 

10 basic field programs and required independent audits; 

11 $2,539,000 is for the Office of Inspector General, of which 

12 such amounts as may be necessary may be used to conduct 

13 additional audits of recipients; $12,826,000 is for manage14 ment and administration; and $1,755,000 is for client self15 help and information technology. 

16 ADMINISTRATIVE PROVISION—LEGAL SERVICES

17 CORPORATION

18 None of the funds appropriated in this Act to the 

19 Legal Services Corporation shall be expended for any pur20 pose prohibited or limited by, or contrary to any of the 

21 provisions of, sections 501, 502, 503, 504, 505, and 506 

22 of Public Law 105–119, and all funds appropriated in this 

23 Act to the Legal Services Corporation shall be subject to 

24 the same terms and conditions set forth in such sections, 

25 except that all references in sections 502 and 503 to 1997 
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1 and 1998 shall be deemed to refer instead to 2005 and 

2 2006, respectively. 

3 MARINE MAMMAL COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Marine Mammal Com6 mission as authorized by title II of Public Law 92–522, 

7 $1,865,000. 

8 SECURITIES AND EXCHANGE COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Securities and Ex11 change Commission, including services as authorized by 

12 5 U.S.C. 3109, the rental of space (to include multiple 

13 year leases) in the District of Columbia and elsewhere, and 

14 not to exceed $3,000 for official reception and representa15 tion expenses, $888,117,000, to remain available until ex16 pended; of which not to exceed $10,000 may be used to17 ward funding a permanent secretariat for the Inter18 national Organization of Securities Commissions; and of 

19 which not to exceed $100,000 shall be available for ex20 penses for consultations and meetings hosted by the Com21 mission with foreign governmental and other regulatory 

22 officials, members of their delegations, appropriate rep23 resentatives and staff to exchange views concerning devel24 opments relating to securities matters, development and 

25 implementation of cooperation agreements concerning se-
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1 curities matters and provision of technical assistance for 

2 the development of foreign securities markets, such ex3 penses to include necessary logistic and administrative ex4 penses and the expenses of Commission staff and foreign 

5 invitees in attendance at such consultations and meetings 

6 including: (1) such incidental expenses as meals taken in 

7 the course of such attendance; (2) any travel and trans8 portation to or from such meetings; and (3) any other re9 lated lodging or subsistence: Provided, That fees and 

10 charges authorized by sections 6(b) of the Securities Ex11 change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) 

12 and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

13 78m(e), 78n(g), and 78ee), shall be credited to this ac14 count as offsetting collections: Provided further, That not 

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

16 be available until expended for necessary expenses of this 

17 account: Provided further, That $25,000,000 shall be de18 rived from prior year unobligated balances from funds pre19 viously appropriated to the Securities and Exchange Com20 mission: Provided further, That the total amount appro21 priated under this heading from the general fund for fiscal 

22 year 2006 shall be reduced as such offsetting fees are re23 ceived so as to result in a final total fiscal year 2006 ap24 propriation from the general fund estimated at not more 

25 than $0. 
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1 SMALL BUSINESS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses, not otherwise provided for, 

4 of the Small Business Administration as authorized by 

5 Public Law 108–447, including hire of passenger motor 

6 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

7 not to exceed $3,500 for official reception and representa8 tion expenses, $318,029,000 (reduced by $13,441,000): 

9 Provided, That the Administrator is authorized to charge 

10 fees to cover the cost of publications developed by the 

11 Small Business Administration, and certain loan servicing 

12 activities: Provided further, That, notwithstanding 31 

13 U.S.C. 3302, revenues received from all such activities 

14 shall be credited to this account, to be available for car15 rying out these purposes without further appropriations: 

16 Provided further, That, of the funds made available under 

17 this heading, $1,000,000 shall be for the National Vet18 erans Business Development Corporation: Provided fur19 ther, That any funds provided under this heading used to 

20 implement E-Government Initiatives shall be subject to 

21 the procedures set forth in section 605 of this Act. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978, $13,500,000. 
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1 SURETY BOND GUARANTEES REVOLVING FUND

2 For additional capital for the Surety Bond Guaran3 tees Revolving Fund, authorized by the Small Business 

4 Investment Act, as amended, $2,861,000, to remain avail5 able until expended. 

6 BUSINESS LOANS PROGRAM ACCOUNT

7 For the cost of direct loans, $1,000,000, to remain 

8 available until expended: Provided, That such costs, in9 cluding the cost of modifying such loans, shall be as de10 fined in section 502 of the Congressional Budget Act of 

11 1974: Provided further, That subject to section 502 of the 

12 Congressional Budget Act of 1974, during fiscal year 

13 2006 commitments to guarantee loans under section 503 

14 of the Small Business Investment Act of 1958, shall not 

15 exceed $6,000,000,000: Provided further, That during fis16 cal year 2006 commitments for general business loans au17 thorized under section 7(a) of the Small Business Act, 

18 shall not exceed $16,500,000,000: Provided further, That 

19 during fiscal year 2006 commitments to guarantee loans 

20 for debentures under section 303(b) of the Small Business 

21 Investment Act of 1958, shall not exceed $3,000,000,000: 

22 Provided further, That during fiscal year 2006 guarantees 

23 of trust certificates authorized by section 5(g) of the Small 

24 Business Act shall not exceed a principal amount of 

25 $12,000,000,000. 
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1 In addition, for administrative expenses to carry out 

2 the direct and guaranteed loan programs, $124,961,000 

3 (increased by $79,132,000), which may be transferred to 

4 and merged with the appropriations for Salaries and Ex5 penses. 

6 DISASTER LOANS PROGRAM ACCOUNT

7 For the cost of direct loans authorized by section 7(b) 

8 of the Small Business Act, $79,538,000, to remain avail9 able until expended: Provided, That such costs, including 

10 the cost of modifying such loans, shall be as defined in 

11 section 502 of the Congressional Budget Act of 1974. 

12 In addition, for administrative expenses to carry out 

13 the direct loan program authorized by section 7(b), of the 

14 Small Business Act, $49,716,000, which may be trans15 ferred to and merged with appropriations for Salaries and 

16 Expenses, of which $900,000 is for the Office of Inspector 

17 General of the Small Business Administration for audits 

18 and reviews of disaster loans and the disaster loan pro19 gram and shall be transferred to and merged with appro20 priations for the Office of Inspector General; of which 

21 $40,316,000 is for direct administrative expenses of loan 

22 making and servicing to carry out the direct loan program, 

23 to remain available until expended; and of which 

24 $8,500,000 is for indirect administrative expenses: Pro25 vided, That any amount in excess of $8,500,000 to be 

26 transferred to and merged with appropriations for Salaries 
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1 and Expenses for indirect administrative expenses shall be 

2 treated as a reprogramming of funds under section 605 

3 of this Act and shall not be available for obligation or ex4 penditure except in compliance with the procedures set 

5 forth in that section. 

6 ADMINISTRATIVE PROVISION—SMALL BUSINESS

7 ADMINISTRATION

8 Not to exceed 5 percent of any appropriation made 

9 available for the current fiscal year for the Small Business 

10 Administration in this Act may be transferred between 

11 such appropriations, but no such appropriation shall be 

12 increased by more than 10 percent by any such transfers: 

13 Provided, That any transfer pursuant to this paragraph 

14 shall be treated as a reprogramming of funds under sec15 tion 605 of this Act and shall not be available for obliga16 tion or expenditure except in compliance with the proce17 dures set forth in that section. 

18 STATE JUSTICE INSTITUTE

19 SALARIES AND EXPENSES

20 For necessary expenses of the State Justice Institute, 

21 as authorized by the State Justice Institute Authorization 

22 Act of 1992 (Public Law 102–572), $2,000,000: Provided, 

23 That not to exceed $2,500 shall be available for official 

24 reception and representation expenses. 
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1 UNITED STATES-CHINA ECONOMIC AND SECURITY

2 REVIEW COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the United States-China 

5 Economic and Security Review Commission, $4,000,000, 

6 including not more than $5,000 for the purpose of official 

7 representation, to remain available until expended. 

8 UNITED STATES INSTITUTE OF PEACE

9 OPERATING EXPENSES

10 For necessary expenses of the United States Institute 

11 of Peace as authorized in the United States Institute of 

12 Peace Act, $22,850,000, to remain available until ex13 pended. 

14 TITLE VI—GENERAL PROVISIONS 

15 SEC. 601. No part of any appropriation contained in 

16 this Act shall be used for publicity or propaganda purposes 

17 not authorized by the Congress. 

18 SEC. 602. No part of any appropriation contained in 

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 603. The expenditure of any appropriation 

22 under this Act for any consulting service through procure23 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

24 to those contracts where such expenditures are a matter 

25 of public record and available for public inspection, except 
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1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law. 

3 SEC. 604. If any provision of this Act or the applica4 tion of such provision to any person or circumstances shall 

5 be held invalid, the remainder of the Act and the applica6 tion of each provision to persons or circumstances other 

7 than those as to which it is held invalid shall not be af8 fected thereby. 

9 SEC. 605. (a) None of the funds provided under this 

10 Act, or provided under previous appropriations Acts to the 

11 agencies funded by this Act that remain available for obli12 gation or expenditure in fiscal year 2006, or provided from 

13 any accounts in the Treasury of the United States derived 

14 by the collection of fees available to the agencies funded 

15 by this Act, shall be available for obligation or expenditure 

16 through a reprogramming of funds that: (1) creates new 

17 programs; (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means for any 

19 project or activity for which funds have been denied or 

20 restricted; (4) relocates an office or employees; (5) reorga21 nizes or renames offices; (6) reorganizes, programs or ac22 tivities; or (7) contracts out or privatizes any functions 

23 or activities presently performed by Federal employees; 

24 unless the Appropriations Committees of both Houses of 
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1 Congress are notified 15 days in advance of such re2 programming of funds. 

3 (b) None of the funds provided under this Act, or 

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation 

6 or expenditure in fiscal year 2006, or provided from any 

7 accounts in the Treasury of the United States derived by 

8 the collection of fees available to the agencies funded by 

9 this Act, shall be available for obligation or expenditure 

10 for activities, programs, or projects through a reprogram11 ming of funds in excess of $500,000 or 10 percent, which12 ever is less, that: (1) augments existing programs, 

13 projects, or activities; (2) reduces by 10 percent funding 

14 for any existing program, project, or activity, or numbers 

15 of personnel by 10 percent as approved by Congress; or 

16 (3) results from any general savings, including savings 

17 from a reduction in personnel, which would result in a 

18 change in existing programs, activities, or projects as ap19 proved by Congress; unless the Appropriations Commit20 tees of both Houses of Congress are notified 15 days in 

21 advance of such reprogramming of funds. 

22 SEC. 606. None of the funds made available in this 

23 Act may be used to implement, administer, or enforce any 

24 guidelines of the Equal Employment Opportunity Com25 mission covering harassment based on religion, when it is 
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1 made known to the Federal entity or official to which such 

2 funds are made available that such guidelines do not differ 

3 in any respect from the proposed guidelines published by 

4 the Commission on October 1, 1993 (58 Fed. Reg. 

5 51266). 

6 SEC. 607. None of the funds made available by this 

7 Act may be used for any United Nations undertaking 

8 when it is made known to the Federal official having au9 thority to obligate or expend such funds that: (1) the 

10 United Nations undertaking is a peacekeeping mission; (2) 

11 such undertaking will involve United States Armed Forces 

12 under the command or operational control of a foreign na13 tional; and (3) the President’s military advisors have not 

14 submitted to the President a recommendation that such 

15 involvement is in the national security interests of the 

16 United States and the President has not submitted to the 

17 Congress such a recommendation. 

18 SEC. 608. The Departments of Commerce, Justice, 

19 and State, the National Science Foundation, the National 

20 Aeronautics and Space Administration, the Federal Com21 munications Commission, the Securities and Exchange 

22 Commission and the Small Business Administration shall 

23 provide to the Committees on Appropriations of the Sen24 ate and of the House of Representatives a quarterly ac25 counting of the cumulative balances of any unobligated 
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1 funds that were received by such agency during any pre2 vious fiscal year. 

3 SEC. 609. (a) None of the funds appropriated or oth4 erwise made available by this Act shall be expended for 

5 any purpose for which appropriations are prohibited by 

6 section 609 of the Departments of Commerce, Justice, and 

7 State, the Judiciary, and Related Agencies Appropriations 

8 Act, 1999. 

9 (b) The requirements in subparagraphs (A) and (B) 

10 of section 609 of that Act shall continue to apply during 

11 fiscal year 2006. 

12 SEC. 610. Any costs incurred by a department or 

13 agency funded under this Act resulting from personnel ac14 tions taken in response to funding reductions included in 

15 this Act shall be absorbed within the total budgetary re16 sources available to such department or agency: Provided, 

17 That the authority to transfer funds between appropria18 tions accounts as may be necessary to carry out this sec19 tion is provided in addition to authorities included else20 where in this Act: Provided further, That use of funds to 

21 carry out this section shall be treated as a reprogramming 

22 of funds under section 605 of this Act and shall not be 

23 available for obligation or expenditure except in compli24 ance with the procedures set forth in that section. 
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1 SEC. 611. None of the funds provided by this Act 

2 shall be available to promote the sale or export of tobacco 

3 or tobacco products, or to seek the reduction or removal 

4 by any foreign country of restrictions on the marketing 

5 of tobacco or tobacco products, except for restrictions 

6 which are not applied equally to all tobacco or tobacco 

7 products of the same type. 

8 SEC. 612. (a) None of the funds appropriated or oth9 erwise made available by this Act shall be expended for 

10 any purpose for which appropriations are prohibited by 

11 section 616 of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 1999. 

14 (b) The requirements in subsections (b) and (c) of 

15 section 616 of that Act shall continue to apply during fis16 cal year 2006. 

17 SEC. 613. None of the funds appropriated pursuant 

18 to this Act or any other provision of law may be used for— 

19 (1) the implementation of any tax or fee in con20 nection with the implementation of subsection 922(t) 

21 of title 18, United States Code; and 

22 (2) any system to implement subsection 922(t) 

23 of title 18, United States Code, that does not re24 quire and result in the destruction of any identifying 

25 information submitted by or on behalf of any person 
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1 who has been determined not to be prohibited from 

2 possessing or receiving a firearm no more than 24 

3 hours after the system advises a Federal firearms li4 censee that possession or receipt of a firearm by the 

5 prospective transferee would not violate subsection 

6 (g) or (n) of section 922 of title 18, United States 

7 Code, or State law. 

8 SEC. 614. None of the funds made available in this 

9 Act may be used to pay the salaries and expenses of per10 sonnel of the Department of Justice to obligate more than 

11 $625,000,000 during fiscal year 2006 from the Fund es12 tablished by section 1402 of chapter XIV of title II of 

13 Public Law 98–473 (42 U.S.C. 10601). 

14 SEC. 615. None of the funds made available to the 

15 Department of Justice in this Act may be used to discrimi16 nate against or denigrate the religious or moral beliefs of 

17 students who participate in programs for which financial 

18 assistance is provided from those funds, or of the parents 

19 or legal guardians of such students. 

20 SEC. 616. None of the funds appropriated or other21 wise made available to the Department of State shall be 

22 available for the purpose of granting either immigrant or 

23 nonimmigrant visas, or both, consistent with the deter24 mination of the Secretary of State under section 243(d) 

25 of the Immigration and Nationality Act, to citizens, sub-
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1 jects, nationals, or residents of countries that the Sec2 retary of Homeland Security has determined deny or un3 reasonably delay accepting the return of citizens, subjects, 

4 nationals, or residents under that section. 

5 SEC. 617. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriation Act. 

10 SEC. 618. The Departments of Commerce, Justice, 

11 and State, the Securities and Exchange Commission and 

12 the Small Business Administration shall, not later than 

13 two months after the date of the enactment of this Act, 

14 certify that telecommuting opportunities have increased 

15 over levels certified to the Committees on Appropriations 

16 for fiscal year 2005: Provided, That, of the total amounts 

17 appropriated to the Departments of Commerce, Justice, 

18 and State, the Securities and Exchange Commission and 

19 the Small Business Administration, $5,000,000 shall be 

20 available to each only upon such certification: Provided 

21 further, That each Department or agency shall provide 

22 quarterly reports to the Committees on Appropriations on 

23 the status of telecommuting programs, including the num24 ber and percentage of Federal employees eligible for, and 

25 participating in, such programs: Provided further, That 
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1 each Department or agency shall maintain a ‘‘Telework 

2 Coordinator’’ to be responsible for overseeing the imple3 mentation and operations of telecommuting programs, and 

4 serve as a point of contact on such programs for the Com5 mittees on Appropriations. 

6 SEC. 619. The National Aeronautics and Space Ad7 ministration and the National Science Foundation shall, 

8 not later than two months after the date of the enactment 

9 of this Act, certify that telecommuting opportunities are 

10 made available to 100 percent of the eligible workforce: 

11 Provided, That, of the total amounts appropriated to the 

12 National Aeronautics and Space Administration and the 

13 National Science Foundation, $5,000,000 shall be avail14 able to each agency only upon such certification: Provided 

15 further, That both agencies shall provide quarterly reports 

16 to the Committees on Appropriations on the status of tele17 commuting programs, including the number of Federal 

18 employees eligible for, and participating in, such pro19 grams: Provided further, That both agencies shall des20 ignate a ‘‘Telework Coordinator’’ to be responsible for 

21 overseeing the implementation and operations of telecom22 muting programs, and serve as a point of contact on such 

23 programs for the Committees on Appropriations. 

24 SEC. 620. (a) Tracing studies conducted by the Bu25 reau of Alcohol, Tobacco, Firearms and Explosives are re-
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1 leased without adequate disclaimers regarding the limita2 tions of the data. 

3 (b) The Bureau of Alcohol, Tobacco, Firearms and 

4 Explosives shall include in all such data releases, language 

5 similar to the following that would make clear that trace 

6 data cannot be used to draw broad conclusions about fire7 arms-related crime: 

8 (1) Firearm traces are designed to assist law 

9 enforcement authorities in conducting investigations 

10 by tracking the sale and possession of specific fire11 arms. Law enforcement agencies may request fire12 arms traces for any reason, and those reasons are 

13 not necessarily reported to the Federal Government. 

14 Not all firearms used in crime are traced and not all 

15 firearms traced are used in crime. 

16 (2) Firearms selected for tracing are not chosen 

17 for purposes of determining which types, makes or 

18 models of firearms are used for illicit purposes. The 

19 firearms selected do not constitute a random sample 

20 and should not be considered representative of the 

21 larger universe of all firearms used by criminals, or 

22 any subset of that universe. Firearms are normally 

23 traced to the first retail seller, and sources reported 

24 for firearms traced do not necessarily represent the 
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1 sources or methods by which firearms in general are 

2 acquired for use in crime. 

3 SEC. 621. None of the funds made available in this 

4 Act may be used in violation of section 212(a)(10)(C) of 

5 the Immigration and Nationality Act. 

6 SEC. 622. None of the funds appropriated or other7 wise made available under this Act may be used to issue 

8 patents on claims directed to or encompassing a human 

9 organism. 

10 SEC. 623. None of the funds made available in this 

11 Act may be used to pay expenses for any United States 

12 delegation to any specialized agency, body, or commission 

13 of the United Nations if such commission is chaired or 

14 presided over by a country, the government of which the 

15 Secretary of State has determined, for purposes of section 

16 6(j)(1) of the Export Administration Act of 1979 (50 

17 U.S.C. App. 2405(j)(1)), has provided support for acts of 

18 international terrorism. 

19 SEC. 624. (a) Except as provided in subsection (b), 

20 a project to construct a diplomatic facility of the United 

21 States may not include office space or other accommoda22 tions for an employee of a Federal agency or department 

23 if the Secretary of State determines that such department 

24 or agency has not provided to the Department of State 

25 the full amount of funding required by subsection (e) of 
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1 section 604 of the Secure Embassy Construction and 

2 Counterterrorism Act of 1999 (as enacted into law by sec3 tion 1000(a)(7) of Public Law 106–113 and contained in 

4 appendix G of that Act; 113 Stat. 1501A–453), as amend5 ed by section 629 of the Departments of Commerce, Jus6 tice, and State, the Judiciary, and Related Agencies Ap7 propriations Act, 2005. 

8 (b) Notwithstanding the prohibition in subsection (a), 

9 a project to construct a diplomatic facility of the United 

10 States may include office space or other accommodations 

11 for members of the Marine Corps. 

12 SEC. 625. None of the funds made available in this 

13 Act shall be used in any way whatsoever to support or 

14 justify the use of torture by any official or contract em15 ployee of the United States Government. 

16 SEC. 626. Of the amounts made available in this Act, 

17 $393,616,321 from ‘‘Department of State’’; $27,938,072 

18 from ‘‘Department of Justice’’; $14,107,754 from ‘‘De19 partment of Commerce’’; $426,314 from ‘‘United States 

20 Trade Representative’’; $575,116 from ‘‘Broadcasting 

21 Board of Governors’’; $291,855 from ‘‘National Aero22 nautics and Space Administration’’; and $79,754 from 

23 ‘‘National Science Foundation’’ shall be available for the 

24 purposes of implementing the Capital Security Cost Shar25 ing program. 
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1 SEC. 627. None of the funds made available in this 

2 Act may be used in contravention of the provisions of sub3 sections (e) and (f) of section 301 of the United States 

4 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

5 Act of 2003 (Public Law 108–25; 22 U.S.C. 7631(e) and 

6 (f)). 

7 SEC. 628. None of the funds made available to NASA 

8 in this Act may be used for voluntary separation incentive 

9 payments as provided for in subchapter II of chapter 35 

10 of title 5, United States Code, unless the Administrator 

11 of NASA has first certified to Congress that such pay12 ments would not result in the loss of skills related to the 

13 safety of the Space Shuttle or the International Space Sta14 tion or to the conduct of independent safety oversight in 

15 the National Aeronautics and Space Administration. 

16 SEC. 629. Notwithstanding 40 U.S.C. 524, 571, and 

17 572, the Administrator of the National Aeronautics and 

18 Space Administration may sell the National Aeronautics 

19 and Space Administration-owned property on the Camp 

20 Parks Military Reservation, Alameda County, California, 

21 and credit the net proceeds of such sales as offsetting col22 lections to its Exploration, science and aeronautics ac23 count. Such funds shall be available until expended; to be 

24 used to replace the facilities at Camp Parks that are still 
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1 required, to improve other National Aeronautics and 

2 Space Administration-owned facilities, or both. 

3 SEC. 630. (a) IN GENERAL.—The President of the 

4 United States through his designee the Administrator of 

5 the National Aeronautics and Space Administration and 

6 in consultation with other Federal agencies shall develop 

7 a national aeronautics policy to guide the aeronautics pro8 grams of the Administration through 2020. 

9 (b) CONTENT.—At a minimum, the national aero10 nautics policy shall describe— 

11 (1) the priority areas of research for aero12 nautics through fiscal year 2011; 

13 (2) the basis on which and the process by which 

14 priorities for ensuing fiscal years will be selected; 

15 (3) the facilities and personnel needed to carry 

16 out the program through fiscal year 2011; and 

17 (4) the budget assumptions on which the na18 tional aeronautics policy is based. 

19 (c) CONSIDERATIONS.—In developing the national 

20 aeronautics policy, the Administrator shall consider the 

21 following questions, which shall be discussed in the policy 

22 statement— 

23 (1) the extent to which NASA should focus on 

24 long-term, high-risk research or more incremental 

25 research or both and the expected impact on the 
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1 U.S. aircraft and airline industries of those deci2 sions; 

3 (2) the extent to which NASA should address 

4 military and commercial needs; 

5 (3) how NASA will coordinate its aeronautics 

6 program with other Federal agencies; and 

7 (4) the extent to which NASA will fund univer8 sity research and the expected impact of that fund9 ing on the supply of U.S. workers for the aero10 nautics industry. 

11 (d) CONSULTATION.—In developing the national aer12 onautics policy, the Administrator shall consult widely 

13 with academic and industry experts and with other Fed14 eral agencies. The Administrator may enter into an ar15 rangement with the National Academy of Sciences to help 

16 develop the national aeronautics policy. 

17 (e) SCHEDULE.—The Administrator shall submit the 

18 new national aeronautics policy to the House and Senate 

19 Committees on Appropriations and to the House Com20 mittee on Science and the Senate Committee on Com21 merce, Science, and Transportation no later than the date 

22 on which the President submits the proposed budget for 

23 the Federal government for fiscal year 2007 to the Con24 gress. The Administrator shall make available to the Con25 gress any study done by a non-governmental entity that 
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1 was used in the development of the national aeronautics 

2 policy. 

3 SEC. 631. Any funds provided in this Act under ‘‘Na4 tional Science Foundation’’ used to implement E-Govern5 ment Initiatives shall be subject to the procedures set 

6 forth in section 605 of this Act. 

7 SEC. 632. (a) Notwithstanding any other provision 

8 of law or treaty, none of the funds appropriated or other9 wise made available under this Act or any other Act may 

10 be expended or obligated by a department, agency, or in11 strumentality of the United States to pay administrative 

12 expenses or to compensate an officer or employee of the 

13 United States in connection with requiring an export li14 cense for the export to Canada of components, parts, ac15 cessories or attachments for firearms listed in Category 

16 I, section 121.1 of title 22, Code of Federal Regulations 

17 (International Trafficking in Arms Regulations (ITAR), 

18 part 121, as it existed on April 1, 2005) with a total value 

19 not exceeding $500 wholesale in any transaction, provided 

20 that the conditions of subsection (b) of this section are 

21 met by the exporting party for such articles. 

22 (b) The foregoing exemption from obtaining an ex23 port license— 

24 (1) does not exempt an exporter from filing any 

25 Shipper’s Export Declaration or notification letter 
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1 required by law, or from being otherwise eligible 

2 under the laws of the United States to possess, ship, 

3 transport, or export the articles enumerated in sub4 section (a); and 

5 (2) does not permit the export without a license 

6 of— 

7 (A) fully automatic firearms and compo8 nents and parts for such firearms, other than 

9 for end use by the Federal Government, or a 

10 Provincial or Municipal Government of Canada, 

11 or 

12 (B) barrels, cylinders, receivers (frames) or 

13 complete breech mechanisms for any firearm 

14 listed in Category I, other than for end use by 

15 the Federal Government, or a Provincial or Mu16 nicipal Government of Canada; or 

17 (C) articles for export from Canada to an18 other foreign destination. 

19 (c) In accordance with this section, the District Di20 rectors of Customs and postmasters shall permit the per21 manent or temporary export without a license of any un22 classified articles specified in subsection (a) to Canada for 

23 end use in Canada or return to the United States, or tem24 porary import of Canadian-origin items from Canada for 
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1 end use in the United States or return to Canada for a 

2 Canadian citizen. 

3 (d) The President may require export licenses under 

4 this section on a temporary basis if the President deter5 mines, upon publication first in the Federal Register, that 

6 the Government of Canada has implemented or main7 tained inadequate import controls for the articles specified 

8 in subsection (a), such that a significant diversion of such 

9 articles has and continues to take place for use in inter10 national terrorism or in the escalation of a conflict in an11 other nation. The President shall terminate the require12 ments of a license when reasons for the temporary require13 ments have ceased. 

14 SEC. 633. Notwithstanding any other provision of 

15 law, no department, agency, or instrumentality of the 

16 United States receiving appropriated funds under this Act 

17 or any other Act shall obligate or expend in any way such 

18 funds to pay administrative expenses or the compensation 

19 of any officer or employee of the United States to deny 

20 any application submitted pursuant to 22 U.S.C. 

21 2778(b)(1)(B) and qualified pursuant to 27 CFR Sec. 

22 478.112 or .113, for a permit to import United States ori23 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 
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1 SEC. 634. None of the funds made available in this 

2 Act may be used to include in any bilateral or multilateral 

3 trade agreement the text of— 

4 (1) paragraph 2 of Article 16.7 of the United 

5 States-Singapore Free Trade Agreement; 

6 (2) paragraph 4 of Article 17.9 of the United 

7 States-Australia Free Trade Agreement; or 

8 (3) paragraph 4 of Article 15.9 of the United 

9 States-Morocco Free Trade Agreement. 

10 TITLE VII—RESCISSIONS 

11 DEPARTMENT OF JUSTICE 

12 LEGAL ACTIVITIES

13 ASSETS FORFEITURE FUND

14 (RESCISSION)

15 Of the unobligated balances available under this 

16 heading, $62,000,000 are rescinded. 

17 OFFICE OF JUSTICE PROGRAMS

18 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

19 (RESCISSION)

20 Of the unobligated balances available under this 

21 heading, $38,500,000 are rescinded. 

22 COMMUNITY ORIENTED POLICING SERVICES

23 (RESCISSION)

24 Of the unobligated balances available under this 

25 heading, $86,500,000 are rescinded. 
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1 DEPARTMENT OF COMMERCE 

2 EMERGENCY STEEL GUARANTEED LOAN PROGRAM

3 ACCOUNT

4 (RESCISSION)

5 Of the unobligated balances available under this 

6 heading from prior year appropriations, $35,000,000 are 

7 rescinded. 

8 RELATED AGENCIES 

9 UNITED STATES-CANADA ALASKA RAIL COMMISSION

10 SALARIES AND EXPENSES

11 (RESCISSION)

12 Of the unobligated balances available under this 

13 heading from prior year appropriations, $2,000,000 are 

14 rescinded. 

15 TITLE VIII—ADDITIONAL GENERAL 

16 PROVISIONS 

17 SEC. 801. None of the funds made available in this 

18 Act may be used by the United Nations to develop or pub19 licize any proposal concerning taxation or fees on any 

20 United States person in order to raise revenue for the 

21 United Nations or any of its specialized or affiliated agen22 cies. None of the funds made available in this Act may 

23 be used by the United Nations to implement or impose 

24 any such taxation or fee on any United States person. 

25 SEC. 802. None of the funds made available by this 

26 Act may be used by the National Aeronautics and Space 
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1 Administration to employ any individual under the title 

2 ‘‘artist in residence’’. 

3 SEC. 803. (a) For expenses necessary for enforcing 

4 subsections (a) and (b) of section 642 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1373), $1,000,000. 

7 (b) The amount otherwise provided in this Act for 

8 ‘‘DEPARTMENT OF JUSTICE—LEGAL ACTIVITIES— 

9 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES’’ 

10 is hereby reduced by $1,000,000. 

11 SEC. 804. None of the funds made available in this 

12 Act may be used to deny the production of safety reports 

13 regarding the NASA Space Shuttle program and the 

14 International Space Station. 

15 SEC. 805. None of the funds appropriated in this Act 

16 may be used to enforce the judgment of the United States 

17 District Court for the Southern District of Indiana in the 

18 case of Russelburg v. Gibson County, decided January 31, 

19 2005. 

20 SEC. 806. None of the funds made available in this 

21 Act may be used to make an application under section 501 

22 of the Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1861) for an order requiring the production of li24 brary circulation records, library patron lists, book sales 

25 records, or book customer lists. 
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1 SEC. 807. None of the funds made available in this 

2 Act may be used in contravention of the following laws 

3 enacted or regulations promulgated to implement the 

4 United Nations Convention Against Torture and Other 

5 Cruel, Inhuman or Degrading Treatment or Punishment 

6 (done at New York on December 10, 1984): 

7 (1) Section 2340A of title 18, United States 

8 Code. 

9 (2) Section 2242 of the Foreign Affairs Reform 

10 and Restructuring Act of 1998 (division G of Public 

11 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

12 note) and any regulations prescribed thereto, includ13 ing regulations under part 208 of title 8, Code of 

14 Federal Regulations, and part 95 of title 22, Code 

15 of Federal Regulations. 

16 This Act may be cited as the ‘‘Science, State, Justice, 

17 Commerce, and Related Agencies Appropriations Act, 

18 2006’’. 

19 That the following sums are appropriated, out of any 

20 money in the Treasury not otherwise appropriated, for the 

21 fiscal year ending September 30, 2006, and for other pur22 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 AGAINSTWOMEN

2 VIOLENCE AGAINSTWOMEN 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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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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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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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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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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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 DEVELOPMENTASSISTANCE 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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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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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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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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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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1 MAJOR RESEARCH EQUIPMENTAND 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 viola24 tion— 
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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) PAYMENTSTANDARD.—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) PAYMENTSTANDARD.—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) REPORTON 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) DEFERMENTOF 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 organiza11 tion— 

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 
222 

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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 con17 cern— 

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 EFFECTON 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 
227 

HR 2862 PP 

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-
233 

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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 
234 

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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 para18 graph— 

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) docu10 menting— 

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) DIFFERENTFORMULATION.— 

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 regula12 tions— 

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 amend11 ed— 

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.’’. 

Passed the House of Representatives June 16, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 15, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.