In the Senate of the United States,

October 20, 2005.

Resolved, That the bill from the House of Representatives (H.R. 3058) entitled ‘‘An Act making appropriations for

the Departments of Transportation, Treasury, and Housing

and Urban Development, the Judiciary, District of Columbia,

and independent agencies for the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 DIVISION A—TRANSPORTATION, TREASURY, THE

2 JUDICIARY, HOUSING AND URBAN DEVELOP3 MENT, AND RELATED AGENCIES APPROPRIA4 TIONS ACT, 2006

5 That the following sums are appropriated, out of any

6 money in the Treasury not otherwise appropriated, for the

7 Departments of Transportation, Treasury, the Judiciary,

8 and Housing and Urban Development, and related agencies

9 for the fiscal year ending September 30, 2006, and for other

10 purposes, namely:
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1 TITLE I—DEPARTMENT OF TRANSPORTATION

2 OFFICE OF THE SECRETARY

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of the Secretary,

5 $86,000,000, of which not to exceed $2,198,000 shall be

6 available for the immediate Office of the Secretary; not to

7 exceed $698,000 shall be available for the immediate Office

8 of the Deputy Secretary; not to exceed $15,183,000 shall be

9 available for the Office of the General Counsel; not to exceed

10 $12,650,000 shall be available for the Office of the Under

11 Secretary of Transportation for Policy; not to exceed

12 $8,585,000 shall be available for the Office of the Assistant

13 Secretary for Budget and Programs; not to exceed

14 $2,293,000 shall be available for the Office of the Assistant

15 Secretary for Governmental Affairs; not to exceed

16 $22,031,000 shall be available for the Office of the Assistant

17 Secretary for Administration; not to exceed $1,910,000 shall

18 be available for the Office of Public Affairs; not to exceed

19 $1,442,000 shall be available for the Office of the Executive

20 Secretariat; not to exceed $697,000 shall be available for

21 the Board of Contract Appeals; not to exceed $1,265,000

22 shall be available for the Office of Small and Disadvantaged

23 Business Utilization; not to exceed $2,033,000 for the Office

24 of Intelligence and Security; not to exceed $11,895,000 shall

25 be available for the Office of the Chief Information Officer;
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1 and not to exceed $3,120,000 shall be available for the Office

2 of Emergency Transportation: Provided, That the Secretary

3 of Transportation is authorized to transfer funds appro4 priated for any office of the Office of the Secretary to any

5 other office of the Office of the Secretary: Provided further,

6 That no appropriation for any office shall be increased or

7 decreased by more than 5 percent by all such transfers: Pro8 vided further, That notice of any change in funding greater

9 than 5 percent shall be submitted for approval to the House

10 and Senate Committees on Appropriations: Provided fur11 ther, That not to exceed $60,000 shall be for allocation with12 in the Department for official reception and representation

13 expenses as the Secretary may determine: Provided further,

14 That notwithstanding any other provision of law, excluding

15 fees authorized in Public Law 107–71, there may be cred16 ited to this appropriation up to $2,500,000 in funds re17 ceived in user fees: Provided further, That none of the funds

18 made available in this Act may be used to enforce the re19 striction in section 29(a) of the International Air Transpor20 tation Competition Act of 1979 against the operation of

21 flights between Love Field, Texas, and one or more points

22 within the State of Missouri: Provided further, That the

23 Secretary of Transportation shall amend each air carrier’s

24 certificate of public convenience and necessity to authorize

25 the carrier operations consistent with the limitations of the
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1 preceding proviso: Provided further, That the Secretary of

2 Transportation, in consultation with the Secretary of

3 Health and Human Services and the Administrator of the

4 Federal Aviation Administration, not later than 60 days

5 after the date of enactment of this Act, shall establish proce6 dures with airport directors located at United States air7 ports that have incoming flights from any country that has

8 had cases of avian flu and with air carriers that provide

9 such flights to deal with situations where a passenger on

10 one of the flights has symptoms of avian flu.

11 OFFICE OF CIVIL RIGHTS

12 For necessary expenses of the Office of Civil Rights,

13 $8,550,000.

14 TRANSPORTATION PLANNING, RESEARCH, AND

15 DEVELOPMENT

16 For necessary expenses for conducting transportation

17 planning, research, systems development, development ac18 tivities, and making grants, to remain available until ex19 pended, $15,000,000, of which $2,000,000 may be made

20 available to provide a grant to the Louisiana Department

21 of Transportation and Development to establish a program

22 under which the Louisiana Department of Transportation

23 and Development shall provide grants to parish and munic24 ipal governments in the State of Louisiana that experience

25 a significant spike in population because of an unexpected

26 influx of hurricane evacuees, as determined by the Lou-
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1 isiana Department of Transportation and Development, to

2 quickly implement smart and innovative plans to alleviate

3 traffic congestion and to address increased transportation

4 demands in the affected communities.

5 WORKING CAPITAL FUND

6 Necessary expenses for operating costs and capital out7 lays of the Working Capital Fund, not to exceed

8 $120,014,000, shall be paid from appropriations made

9 available to the Department of Transportation: Provided,

10 That such services shall be provided on a competitive basis

11 to entities within the Department of Transportation: Pro12 vided further, That the above limitation on operating ex13 penses shall not apply to non-DOT entities: Provided fur14 ther, That no funds appropriated in this Act to an agency

15 of the Department shall be transferred to the Working Cap16 ital Fund without the approval of the agency modal admin17 istrator: Provided further, That no assessments may be lev18 ied against any program, budget activity, subactivity or

19 project funded by this Act unless notice of such assessments

20 and the basis therefor are presented to the House and Senate

21 Committees on Appropriations and are approved by such

22 Committees.

23 MINORITY BUSINESS RESOURCE CENTER PROGRAM

24 For the cost of guaranteed loans, $500,000, as author25 ized by 49 U.S.C. 332: Provided, That such costs, including

26 the cost of modifying such loans, shall be as defined in sec-
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1 tion 502 of the Congressional Budget Act of 1974: Provided

2 further, That these funds are available to subsidize total

3 loan principal, any part of which is to be guaranteed, not

4 to exceed $18,367,000. In addition, for administrative ex5 penses to carry out the guaranteed loan program, $400,000.

6 MINORITY BUSINESS OUTREACH

7 For necessary expenses of Minority Business Resource

8 Center outreach activities, $3,000,000, to remain available

9 until September 30, 2007: Provided, That notwithstanding

10 49 U.S.C. 332, these funds may be used for business oppor11 tunities related to any mode of transportation.

12 PAYMENTS TO AIR CARRIERS

13 (AIRPORT AND AIRWAY TRUST FUND)

14 In addition to funds made available from any other

15 source to carry out the essential air service program under

16 49 U.S.C. 41731 through 41742, $60,000,000, to be derived

17 from the Airport and Airway Trust Fund, to remain avail18 able until expended.

19 NEW HEADQUARTERS BUILDING

20 For necessary expenses of the Department of Transpor21 tation’s new headquarters building and related services,

22 $50,000,000, to remain available until expended.

23 FEDERAL AVIATION ADMINISTRATION

24 OPERATIONS

25 For necessary expenses of the Federal Aviation Admin26 istration, not otherwise provided for, including operations
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1 and research activities related to commercial space trans2 portation, administrative expenses for research and develop3 ment, establishment of air navigation facilities, the oper4 ation (including leasing) and maintenance of aircraft, sub5 sidizing the cost of aeronautical charts and maps sold to

6 the public, lease or purchase of passenger motor vehicles for

7 replacement only, in addition to amounts made available

8 by Public Law 108–176, $8,026,000,000, of which

9 $5,686,500,000 shall be derived from the Airport and Air10 way Trust Fund, of which not to exceed $6,627,010,000

11 shall be available for air traffic organization activities; not

12 to exceed $956,242,000 shall be available for aviation regu13 lation and certification activities; not to exceed $11,759,000

14 shall be available for commercial space transportation ac15 tivities; not to exceed $50,983,000 shall be available for fi16 nancial services activities; not to exceed $69,943,000 shall

17 be available for human resources program activities; not to

18 exceed $150,744,000 shall be available for region and center

19 operations and regional coordination activities; not to ex20 ceed $141,909,000 shall be available for staff offices; and

21 not to exceed $36,112,000 shall be available for information

22 services: Provided, That not to exceed 2 percent of any budg23 et activity, except for aviation regulation and certification

24 budget activity, may be transferred to any budget activity

25 under this heading: Provided further, That no transfer may
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1 increase or decrease any appropriation by more than 2 per2 cent: Provided further, That any transfer in excess of 2 per3 cent shall be treated as a reprogramming of funds under

4 section 710 of this Act and shall not be available for obliga5 tion or expenditure except in compliance with the proce6 dures set forth in that section: Provided further, That none

7 of the funds in this Act shall be available for the Federal

8 Aviation Administration to finalize or implement any reg9 ulation that would promulgate new aviation user fees not

10 specifically authorized by law after the date of the enact11 ment of this Act: Provided further, That there may be cred12 ited to this appropriation funds received from States, coun13 ties, municipalities, foreign authorities, other public au14 thorities, and private sources, for expenses incurred in the

15 provision of agency services, including receipts for the

16 maintenance and operation of air navigation facilities, and

17 for issuance, renewal or modification of certificates, includ18 ing airman, aircraft, and repair station certificates, or for

19 tests related thereto, or for processing major repair or alter20 ation forms: Provided further, That of the funds appro21 priated under this heading, not less than $7,500,000 shall

22 be for the contract tower cost-sharing program: Provided

23 further, That funds may be used to enter into a grant agree24 ment with a nonprofit standard-setting organization to as25 sist in the development of aviation safety standards: Pro-
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1 vided further, That none of the funds in this Act shall be

2 available for new applicants for the second career training

3 program: Provided further, That none of the funds in this

4 Act shall be available for paying premium pay under 5

5 U.S.C. 5546(a) to any Federal Aviation Administration

6 employee unless such employee actually performed work

7 during the time corresponding to such premium pay: Pro8 vided further, That none of the funds in this Act may be

9 obligated or expended to operate a manned auxiliary flight

10 service station in the contiguous United States: Provided

11 further, That none of the funds in this Act for aeronautical

12 charting and cartography are available for activities con13 ducted by, or coordinated through, the Working Capital

14 Fund: Provided further, That none of the funds in this Act

15 may be obligated or expended for an employee of the Federal

16 Aviation Administration to purchase a store gift card or

17 gift certificate through use of a Government-issued credit

18 card. In addition, $150,000,000 is for costs associated with

19 the flight service station transition.

20 FACILITIES AND EQUIPMENT

21 (AIRPORT AND AIRWAY TRUST FUND)

22 For necessary expenses, not otherwise provided for, for

23 acquisition, establishment, technical support services, im24 provement by contract or purchase, and hire of air naviga25 tion and experimental facilities and equipment, as author26 ized under part A of subtitle VII of title 49, United States
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1 Code, including initial acquisition of necessary sites by

2 lease or grant; engineering and service testing, including

3 construction of test facilities and acquisition of necessary

4 sites by lease or grant; construction and furnishing of quar5 ters and related accommodations for officers and employees

6 of the Federal Aviation Administration stationed at remote

7 localities where such accommodations are not available; and

8 the purchase, lease, or transfer of aircraft from funds avail9 able under this heading; to be derived from the Airport and

10 Airway Trust Fund, $2,448,000,000, of which

11 $2,024,579,000 shall remain available until September 30,

12 2008, and of which $423,421,000 shall remain available

13 until September 30, 2006: Provided, That there may be

14 credited to this appropriation funds received from States,

15 counties, municipalities, other public authorities, and pri16 vate sources, for expenses incurred in the establishment and

17 modernization of air navigation facilities: Provided further,

18 That upon initial submission to the Congress of the fiscal

19 year 2007 President’s budget, the Secretary of Transpor20 tation shall transmit to the Congress a comprehensive cap21 ital investment plan for the Federal Aviation Administra22 tion which includes funding for each budget line item for

23 fiscal years 2007 through 2011, with total funding for each

24 year of the plan constrained to the funding targets for those
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1 years as estimated and approved by the Office of Manage2 ment and Budget.

3 RESEARCH, ENGINEERING, AND DEVELOPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for, for

6 research, engineering, and development, as authorized

7 under part A of subtitle VII of title 49, United States Code,

8 including construction of experimental facilities and acqui9 sition of necessary sites by lease or grant, $134,500,000, to

10 be derived from the Airport and Airway Trust Fund and

11 to remain available until September 30, 2008: Provided,

12 That there may be credited to this appropriation funds re13 ceived from States, counties, municipalities, other public

14 authorities, and private sources, for expenses incurred for

15 research, engineering, and development.

16 GRANTS-IN-AID FOR AIRPORTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For liquidation of obligations incurred for grants-in21 aid for airport planning and development, and noise com22 patibility planning and programs as authorized under sub23 chapter I of chapter 471 and subchapter I of chapter 475

24 of title 49, United States Code, and under other law author25 izing such obligations; for procurement, installation, and

26 commissioning of runway incursion prevention devices and
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1 systems at airports of such title; for grants authorized under

2 section 41743 of title 49, United States Code; and for in3 spection activities and administration of airport safety pro4 grams, including those related to airport operating certifi5 cates under section 44706 of title 49, United States Code,

6 $3,390,000,000 to be derived from the Airport and Airway

7 Trust Fund and to remain available until expended: Pro8 vided, That none of the funds under this heading shall be

9 available for the planning or execution of programs the obli10 gations for which are in excess of $3,500,000,000 in fiscal

11 year 2006, notwithstanding section 47117(g) of title 49,

12 United States Code: Provided further, That none of the

13 funds under this heading shall be available for the replace14 ment of baggage conveyor systems, reconfiguration of ter15 minal baggage areas, or other airport improvements that

16 are necessary to install bulk explosive detection systems:

17 Provided further, That notwithstanding any other provision

18 of law, not more than $71,096,000 of funds limited under

19 this heading shall be obligated for administration and not

20 less than $20,000,000 shall be available to carry out the

21 Small Community Air Service Development Program, to

22 remain available until expended: Provided further, That

23 not later than December 31, 2015, the owner or operator

24 of an airport certificated under 49 U.S.C. 44706 shall im25 prove the airport’s runway safety areas to comply with the
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1 Federal Aviation Administration design standards required

2 by 14 CFR part 139: Provided further, That the Federal

3 Aviation Administration shall report annually to the Con4 gress on the agency’s progress toward improving the run5 way safety areas at 49 U.S.C. 44706 airports.

6 GRANTS-IN-AID FOR AIRPORTS

7 (AIRPORT AND AIRWAY TRUST FUND)

8 (RESCISSION OF CONTRACT AUTHORIZATION)

9 Of the amounts authorized for the fiscal year ending

10 September 30, 2006 and prior years under sections 48103

11 and 48112 of title 49, United States Code, $1,174,000,000

12 are rescinded.

13 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

14 ADMINISTRATION

15 SEC. 101. Notwithstanding any other provision of law,

16 airports may transfer without consideration to the Federal

17 Aviation Administration (FAA) instrument landing sys18 tems (along with associated approach lighting equipment

19 and runway visual range equipment) which conform to

20 FAA design and performance specifications, the purchase

21 of which was assisted by a Federal airport-aid program,

22 airport development aid program or airport improvement

23 program grant: Provided, That the Federal Aviation Ad24 ministration shall accept such equipment, which shall there25 after be operated and maintained by FAA in accordance

26 with agency criteria.
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1 SEC. 102. None of the funds in this Act may be used

2 to compensate in excess of 375 technical staff-years under

3 the federally funded research and development center con4 tract between the Federal Aviation Administration and the

5 Center for Advanced Aviation Systems Development during

6 fiscal year 2006.

7 SEC. 103. None of the funds in this Act shall be used

8 to pursue or adopt guidelines or regulations requiring air9 port sponsors to provide to the Federal Aviation Adminis10 tration without cost building construction, maintenance,

11 utilities and expenses, or space in airport sponsor-owned

12 buildings for services relating to air traffic control, air

13 navigation, or weather reporting: Provided, That the prohi14 bition of funds in this section does not apply to negotiations

15 between the agency and airport sponsors to achieve agree16 ment on ‘‘below-market’’ rates for these items or to grant

17 assurances that require airport sponsors to provide land

18 without cost to the FAA for air traffic control facilities.

19 SEC. 104. The Administrator of the Federal Aviation

20 Administration may reimburse amounts made available to

21 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49

22 U.S.C. 45303: Provided, That during fiscal year 2006, 49

23 U.S.C. 41742(b) shall not apply, and any amount remain24 ing in such account at the close of that fiscal year may
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1 be made available to satisfy section 41742(a)(1) for the sub2 sequent fiscal year.

3 SEC. 105. Amounts collected under section 40113(e) of

4 title 49, United States Code, shall be credited to the appro5 priation current at the time of collection, to be merged with

6 and available for the same purposes of such appropriation.

7 SEC. 106. (a) Section 44302(f)(1) of title 49, United

8 States Code, is amended by striking ‘‘2005,’’ each place it

9 appears and inserting ‘‘2006,’’.

10 (b) Section 44303(b) of such title is amended by strik11 ing ‘‘2005,’’ and inserting ‘‘2006,’’.

12 (c) Section 47114(c)(1)(F) of title 49, United States

13 Code, is amended by striking ‘‘and 2005’’ each place it ap14 pears in the text and in the heading and inserting ‘‘, 2005,

15 and 2006’’.

16 SEC. 107. Notwithstanding any provision of law, the

17 Secretary of Transportation is authorized and directed to

18 make project grants under chapter 471 of title 49, United

19 States Code, from funds available for fiscal year 2006 and

20 thereafter under 49 U.S.C. 48103, for the cost of acquisition

21 of land, or reimbursement of the cost of land if purchased

22 prior to enactment of this provision and prior to a grant

23 agreement, for non-exclusive use aeronautical purposes on

24 an airport layout plan that has been approved by the Sec25 retary on January 23, 2004, pursuant to section 49 U.S.C.
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1 47107(a)(16), for any small hub airport as defined in 49

2 U.S.C. 47102, and had scheduled or chartered direct inter3 national flights totaling at least 200 million pounds gross

4 aircraft landed weight for calendar year 2002.

5 SEC. 108. (a) Section 47108 of title 49, United States

6 Code, is amended in subsection (e) by adding the following

7 new paragraph at the end:

8 ‘‘(3) CHANGES TO NONHUB PRIMARY STATUS.—

9 If the status of a nonhub primary airport changes to

10 a small hub primary airport at a time when the air11 port has received discretionary funds under this chap12 ter for a terminal development project in accordance

13 with section 47110(d)(2), and the project is not yet

14 completed, the project shall remain eligible for fund15 ing from the discretionary fund and the small airport

16 fund to pay costs allowable under section 47110(d).

17 Such project shall remain eligible for such funds for

18 three fiscal years after the start of construction of the

19 project, or if the Secretary determines that a further

20 extension of eligibility is justified, until the project is

21 completed.’’.

22 (b) CONFORMING AMENDMENT.—Section

23 47110(d)(2)(A) is amended by striking ‘‘(A) the’’ and in24 serting ‘‘(A) except as provided in section 47108(e)(3), the’’.
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1 SEC. 109. None of the funds appropriated or otherwise

2 made available in this Act may be used by the Federal

3 Aviation Administration for ARAC consolidation of Fort

4 Sill, Oklahoma into OKC TRACON: Provided, That

5 $3,000,000 of the fund appropriated under the heading ‘‘FA6 CILITIES AND EQUIPMENT’’ shall be available for ARAC op7 eration and maintenance at Fort Sill, Oklahoma.

8 SEC. 110. Section 40128(e) of title 49, United States

9 Code, is amended by adding at the end the following: ‘‘For

10 purposes of this subsection, an air tour operator flying over

11 the Hoover Dam in the Lake Mead National Recreation

12 Area en route to the Grand Canyon National Park shall

13 be deemed to be flying solely as a transportation route.’’.

14 Nothing in this provision shall allow exemption from over15 flight rules for the Grand Canyon.

16 SEC. 111. EXTENSION OF REQUIREMENT FOR AIR

17 CARRIERS TO HONOR TICKETS FOR SUSPENDED AIR PAS18 SENGER SERVICE.

19 Section 145(c) of the Aviation and Transportation Se20 curity Act (49 U.S.C. 40101 note) is amended by striking

21 ‘‘November 19, 2005.’’ and inserting ‘‘November 30, 2006.’’.

22 SEC. 112. (a)(1) This section shall apply to an em23 ployee of the Federal Aviation Administration, who—

24 (A) would be involuntarily separated as a result

25 of the reorganization of the Flight Services Unit fol-
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1 lowing the outsourcing of flight service duties to a

2 contractor;

3 (B) was not eligible by October 3, 2005 for an

4 immediate annuity under a Federal retirement sys5 tem; and

6 (C) assuming continued Federal employment,

7 would attain eligibility for an immediate annuity

8 under section 8336(d) or 8414(b) of title 5, United

9 States Code, not later than October 4, 2007.

10 (2) Notwithstanding any other provision of law, dur11 ing the period beginning on the date of enactment of this

12 Act and ending October 4, 2007, an employee described

13 under paragraph (1) may, with the approval of the Admin14 istrator of the Federal Aviation Administration or the des15 ignee of the Administrator, accept an assignment to such

16 contractor within 14 days after the date of enactment of

17 this section.

18 (3) Except as provided in subsection (c), an employee

19 appointed under paragraph (1)—

20 (A) shall be a temporary Federal employee for

21 the duration of the assignment;

22 (B) notwithstanding such temporary status, shall

23 retain previous enrollment or participation in Fed24 eral employee benefits programs under chapters 83,

25 84, 87, and 89 of title 5, United States Code; and
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1 (C) shall be considered to have not had a break

2 in service for purposes of chapters 83, 84, and sec3 tions 8706(b) and 8905(b) of title 5, United States

4 Code, except no service credit or benefits shall be ex5 tended retroactively.

6 (4) An assignment and temporary appointment under

7 this section shall terminate on the earlier of—

8 (A) October 4, 2007; or

9 (B) the date on which the employee first becomes

10 eligibility for an immediate annuity under section

11 8336(d) or 8414(b) of title 5, United States Code.

12 (5) Such funds as may be necessary are authorized for

13 the Federal Aviation Administration to pay the salary and

14 benefits of an employee assigned under this section, but no

15 funds are authorized to reimburse the employing contractor

16 for the salary and benefits of an employee so assigned.

17 (b) An employee who is being involuntarily separated

18 as a result of the reorganization of the Flight Services Unit

19 following the outsourcing of flight service duties to a con20 tractor, and is eligible to use annual leave under the condi21 tions of section 6302(g) of title 5, United States Code, may

22 use such leave to—

23 (1) qualify for an immediate annuity or to meet

24 the age or service requirements for an enhanced annu-
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1 ity that the employee could qualify for under sections

2 8336, 8412, or 8414; or

3 (2) to meet the requirements under section

4 8905(b) of title 5, United States Code, to qualify to

5 continue health benefits coverage after retirement from

6 service.

7 (c)(1) Nothing in this section shall—

8 (A) affect the validity or legality of the reduc9 tion-in-force actions of the Federal Aviation Adminis10 tration effective October 3, 2005; or

11 (B) create any individual rights of actions re12 garding such reduction-in-force or any other actions

13 related to or arising under the competitive sourcing

14 of flight services.

15 (2) An employee subject to this section shall not be—

16 (A) covered by chapter 71 of title 5, United

17 States Code, while on the assignment authorized by

18 this section; or

19 (B) subject to section 208 of title 18, United

20 States Code.

21 (3) Temporary employees assigned under this section

22 shall not be Federal employees for purposes of chapter 171

23 of title 28, United States Code (commonly referred to as

24 the Federal Tort Claims Act). Chapter 171 of title 28,

25 United States Code (commonly referred to as the Federal
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1 Tort Claims Act) and any other Federal tort liability stat2 ute shall not apply to an employee who is assigned to a

3 contractor under subsection (a).

4 SEC. 113. (a) In this section:

5 (1) The term ‘‘Conservation Area’’ means the

6 Sloan Canyon National Conservation Area established

7 by section 604(a) of the Clark County Conservation of

8 Public Land and Natural Resources Act of 2002 (116

9 Stat. 2010).

10 (2) The term ‘‘County’’ means Clark County, Ne11 vada.

12 (3)(A) The term ‘‘helicopter tour’’ means a com13 mercial helicopter tour operated for profit.

14 (B) The term ‘‘helicopter tour’’ does not include

15 a helicopter tour that is carried out to assist a Fed16 eral, State, or local agency.

17 (4) The term ‘‘Secretary’’ means the Secretary of

18 the Interior.

19 (5) The term ‘‘Wilderness’’ means the North

20 McCullough Mountains Wilderness established by sec21 tion 202(a)(13) of the Clark County Conservation of

22 Public Land and Natural Resources Act of 2002 (116

23 Stat. 2000).

24 (b) As soon as practicable after the date of enactment

25 of this Act, the Secretary shall convey to the County, subject
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1 to valid existing rights, for no consideration, all right, title,

2 and interest of the United States in and to the parcel of

3 land described in subsection (c).

4 (c) The parcel of land to be conveyed under subsection

5 (b) is the parcel of approximately 229 acres of land depicted

6 as tract A on the map entitled ‘‘Clark County Public Heli7 port Facility’’ and dated May 3, 2004.

8 (d)(1) The parcel of land conveyed under subsection

9 (b)—

10 (A) shall be used by the County for the operation

11 of a heliport facility under the conditions stated in

12 paragraphs (2), (3), and (4); and

13 (B) shall not be disposed of by the County.

14 (2)(A) Any operator of a helicopter tour originating

15 from or concluding at the parcel of land described in sub16 section (c) shall pay to the Clark County Department of

17 Aviation a $3 conservation fee for each passenger on the

18 helicopter tour if any portion of the helicopter tour occurs

19 over the Conservation Area.

20 (B)(i) Not earlier than 10 years after the date of enact21 ment of this Act and every 10 years thereafter, the Secretary

22 shall conduct a review to determine whether to raise the

23 amount of the conservation fee.

24 (ii) After conducting a review under clause (i) and

25 providing an opportunity for public comment, the Sec-
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1 retary may raise the amount of the conservation fee in an

2 amount determined to be appropriate by the Secretary, but

3 by not more than 50 percent of the amount of the conserva4 tion fee in effect on the day before the date of the increase.

5 (3)(A) The amounts collected under paragraph (2)

6 shall be deposited in a special account in the Treasury of

7 the United States.

8 (B) Of the amounts deposited under subparagraph

9 (A)—

(i) 2 10 ⁄3 of the amounts shall be available to the

11 Secretary, without further appropriation, for the

12 management of cultural, wildlife, and wilderness re13 sources on public land in the State of Nevada; and

(ii) 1 14 ⁄3 of the amounts shall be available to the

15 Director of the Bureau of Land Management, without

16 further appropriation, for the conduct of Bureau of

17 Land Management operations for the Conservation

18 Area and the Red Rock Canyon National Conserva19 tion Area.

20 (4)(A) Except for safety reasons, any helicopter tour

21 originating or concluding at the parcel of land described

22 in subsection (c) that flies over the Conservation Area shall

23 not fly—

24 (i) over any area in the Conservation Area ex25 cept the area that is between 3 and 5 miles north of
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1 the latitude of the southernmost boundary of the Con2 servation Area;

3 (ii) lower than 1,000 feet over the eastern seg4 ments of the boundary of the Conservation Area; or

5 (iii) lower than 500 feet over the western seg6 ments of the boundary of the Conservation Area.

7 (B) The Administrator of the Federal Aviation Admin8 istration shall establish a special flight rules area and any

9 operating procedures that the Administrator determines to

10 be necessary to implement subparagraph (A).

11 (5) If the County ceases to use any of the land de12 scribed in subsection (c) for the purpose described in para13 graph (1)(A) and under the conditions stated in paragraph

14 (2)—

15 (A) title to the parcel shall revert to the

16 United States, at the option of the United States;

17 and

18 (B) the County shall be responsible for any

19 reclamation necessary to revert the parcel to the

20 United States.

21 (e) The Secretary shall require, as a condition of the

22 conveyance under subsection (b), that the County pay the

23 administrative costs of the conveyance, including survey

24 costs and any other costs associated with the transfer of

25 title.
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 Necessary expenses for administration and operation

4 of the Federal Highway Administration, not to exceed

5 $364,638,000, shall be paid in accordance with law from

6 appropriations made available by this Act to the Federal

7 Highway Administration together with advances and reim8 bursements received by the Federal Highway Administra9 tion.

10 FEDERAL-AID HIGHWAYS

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 None of the funds in this Act shall be available for

14 the implementation or execution of programs, the obliga15 tions for which are in excess of $40,194,259,000 for Federal16 aid highways and highway safety construction programs for

17 fiscal year 2006: Provided, That within the $40,194,259,000

18 obligation limitation on Federal-aid highways and highway

19 safety construction programs, not more than $408,491,420

20 shall be available for the implementation or execution of

21 programs for transportation research (sections 502, 503,

22 504, 506, 507, and 508 of title 23, United States Code, as

23 amended; section 5505 of title 49, United States Code, as

24 amended; and sections 5112 and 5204–5209 of Public Law

25 105–178) for fiscal year 2005: Provided further, That this

26 limitation on transportation research programs shall not
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1 apply to any authority previously made available for obli2 gation.

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 Notwithstanding any other provision of law, for car6 rying out the provisions of title 23, United States Code,

7 that are attributable to Federal-aid highways, including the

8 National Scenic and Recreational Highway as authorized

9 by 23 U.S.C. 148, not otherwise provided, including reim10 bursement for sums expended pursuant to the provisions of

11 23 U.S.C. 308, $40,194,259,000 or so much thereof as may

12 be available in and derived from the Highway Trust Fund,

13 to remain available until expended.

14 FEDERAL-AID HIGHWAYS

15 HIGHWAY TRUST FUND

16 (RESCISSION)

17 Of the unobligated balances of funds apportioned to

18 each State under chapter 1 of title 23, United States Code,

19 $2,300,000,000 are rescinded: Provided, That such rescis20 sion shall not apply to the funds distributed in accordance

21 with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.

22 133(d)(3)(A) or to the funds apportioned to the program

23 authorized under section 163 of title 23, United States Code.

24 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

25 For necessary expenses for the Appalachian Develop26 ment Highway System as authorized under section 1069(y)
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1 of Public Law 102–240, as amended, $80,000,000, to re2 main available until expended.

3 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

4 ADMINISTRATION

5 SEC. 120. (a) For fiscal year 2006, the Secretary of

6 Transportation shall—

7 (1) not distribute from the obligation limitation

8 for Federal-aid highways amounts authorized for ad9 ministrative expenses and programs funded from the

10 administrative takedown authorized by section

11 104(a)(1)(A) of title 23, United States Code, for the

12 highway use tax evasion program, and for the Bureau

13 of Transportation Statistics;

14 (2) not distribute an amount from the obligation

15 limitation for Federal-aid highways that is equal to

16 the unobligated balance of amounts made available

17 from the Highway Trust Fund (other than the Mass

18 Transit Account) for Federal-aid highways and high19 way safety programs for the prior fiscal years the

20 funds for which are allocated by the Secretary;

21 (3) determine the ratio that—

22 (A) the obligation limitation for Federal-aid

23 highways less the aggregate of amounts not dis24 tributed under paragraphs (1) and (2), bears to

25 (B) the total of the sums authorized to be

26 appropriated for Federal-aid highways and high-
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1 way safety construction programs (other than

2 sums authorized to be appropriated for sections

3 set forth in paragraphs (1) through (7) of sub4 section (b) and sums authorized to be appro5 priated for section 105 of title 23, United States

6 Code, equal to the amount referred to in sub7 section (b)(8)) for such fiscal year less the aggre8 gate of the amounts not distributed under para9 graph (1) of this subsection;

10 (4) distribute the obligation limitation for Fed11 eral-aid highways less the aggregate amounts not dis12 tributed under paragraphs (1) and (2) for section 201

13 of the Appalachian Regional Development Act of 1965

14 and $2,000,000,000 for such fiscal year under section

15 105 of title 23, United States Code (relating to min16 imum guarantee) so that the amount of obligation au17 thority available for each of such sections is equal to

18 the amount determined by multiplying the ratio de19 termined under paragraph (3) by the sums authorized

20 to be appropriated for such section (except in the case

21 of section 105, $2,000,000,000) for such fiscal year;

22 (5) distribute the obligation limitation provided

23 for Federal-aid highways less the aggregate amounts

24 not distributed under paragraphs (1) and (2) and

25 amounts distributed under paragraph (4) for each of
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1 the programs that are allocated by the Secretary

2 under title 23, United States Code (other than activi3 ties to which paragraph (1) applies and programs to

4 which paragraph (4) applies) by multiplying the

5 ratio determined under paragraph (3) by the sums

6 authorized to be appropriated for such program for

7 such fiscal year; and

8 (6) distribute the obligation limitation provided

9 for Federal-aid highways less the aggregate amounts

10 not distributed under paragraphs (1) and (2) and

11 amounts distributed under paragraphs (4) and (5) for

12 Federal-aid highways and highway safety construc13 tion programs (other than the minimum guarantee

14 program, but only to the extent that amounts appor15 tioned for the minimum guarantee program for such

16 fiscal year exceed $2,639,000,000, and the Appa17 lachian development highway system program) that

18 are apportioned by the Secretary under title 23,

19 United States Code, in the ratio that—

20 (A) sums authorized to be appropriated for

21 such programs that are apportioned to each

22 State for such fiscal year, bear to

23 (B) the total of the sums authorized to be

24 appropriated for such programs that are appor25 tioned to all States for such fiscal year.
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1 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—

2 The obligation limitation for Federal-aid highways shall

3 not apply to obligations: (1) under section 125 of title 23,

4 United States Code; (2) under section 147 of the Surface

5 Transportation Assistance Act of 1978; (3) under section

6 9 of the Federal-Aid Highway Act of 1981; (4) under sec7 tions 131(b) and 131(j) of the Surface Transportation As8 sistance Act of 1982; (5) under sections 149(b) and 149(c)

9 of the Surface Transportation and Uniform Relocation As10 sistance Act of 1987; (6) under sections 1103 through 1108

11 of the Intermodal Surface Transportation Efficiency Act of

12 1991; (7) under section 157 of title 23, United States Code,

13 as in effect on the day before the date of the enactment of

14 the Transportation Equity Act for the 21st Century; (8)

15 under section 105 of title 23, United States Code (but, only

16 in an amount equal to $639,000,000 for such fiscal year);

17 and (9) for Federal-aid highway programs for which obliga18 tion authority was made available under the Transpor19 tation Equity Act for the 21st Century or subsequent public

20 laws for multiple years or to remain available until used,

21 but only to the extent that such obligation authority has

22 not lapsed or been used.

23 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU24 THORITY.—Notwithstanding subsection (a), the Secretary

25 shall after August 1 for such fiscal year revise a distribution
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1 of the obligation limitation made available under subsection

2 (a) if a State will not obligate the amount distributed dur3 ing that fiscal year and redistribute sufficient amounts to

4 those States able to obligate amounts in addition to those

5 previously distributed during that fiscal year giving pri6 ority to those States having large unobligated balances of

7 funds apportioned under sections 104 and 144 of title 23,

8 United States Code, section 160 (as in effect on the day

9 before the enactment of the Transportation Equity Act for

10 the 21st Century) of title 23, United States Code, and under

11 section 1015 of the Intermodal Surface Transportation Effi12 ciency Act of 1991.

13 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.—The obligation

15 limitation shall apply to transportation research programs

16 carried out under chapter 5 of title 23, United States Code,

17 except that obligation authority made available for such

18 programs under such limitation shall remain available for

19 a period of 3 fiscal years.

20 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

21 FUNDS.—Not later than 30 days after the date of the dis22 tribution of obligation limitation under subsection (a), the

23 Secretary shall distribute to the States any funds: (1) that

24 are authorized to be appropriated for such fiscal year for

25 Federal-aid highways programs (other than the program
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1 under section 160 of title 23, United States Code) and for

2 carrying out subchapter I of chapter 311 of title 49, United

3 States Code, and highway-related programs under chapter

4 4 of title 23, United States Code; and (2) that the Secretary

5 determines will not be allocated to the States, and will not

6 be available for obligation, in such fiscal year due to the

7 imposition of any obligation limitation for such fiscal year.

8 Such distribution to the States shall be made in the same

9 ratio as the distribution of obligation authority under sub10 section (a)(6). The funds so distributed shall be available

11 for any purposes described in section 133(b) of title 23,

12 United States Code.

13 (f) SPECIAL RULE.—Obligation limitation distributed

14 for a fiscal year under subsection (a)(4) of this section for

15 a section set forth in subsection (a)(4) shall remain avail16 able until used and shall be in addition to the amount of

17 any limitation imposed on obligations for Federal-aid high18 way and highway safety construction programs for future

19 fiscal years.

20 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re21 ceived by the Bureau of Transportation Statistics from the

22 sale of data products, for necessary expenses incurred pur23 suant to 49 U.S.C. 111 may be credited to the Federal-aid

24 highways account for the purpose of reimbursing the Bu25 reau for such expenses: Provided, That such funds shall be
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1 subject to the obligation limitation for Federal-aid high2 ways and highway safety construction.

3 SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN

4 GENERAL.—Subject to subsection (b), the Secretary of

5 Transportation may expend from any funds appropriated

6 for expenditure in accordance with title 23, United States

7 Code, for payment of debt service by the States of Arizona

8 and Nevada on notes issued for the bypass bridge project

9 at Hoover Dam, pending appropriation or replenishment

10 for that project.

11 (b) REIMBURSEMENT.—Funds expended under sub12 section (a) shall be reimbursed from the funds made avail13 able to the States of Arizona and Nevada for payment of

14 debt service on notes issued for the bypass bridge project

15 at Hoover Dam.

16 SEC. 123. None of the funds made available in this

17 Act shall be available for the development or dissemination

18 by the Federal Highway Administration of any version of

19 a programmatic agreement which regards the Dwight D.

20 Eisenhower National System of Interstate and Defense

21 Highways as eligible for inclusion on the National Register

22 of Historic Places.

23 SEC. 124. BUS AXLE WEIGHT EXEMPTION. Section

24 1023 of the Intermodal Surface Transportation Efficiency
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1 Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amend2 ed by striking subsection (h) and inserting the following:

3 ‘‘(h) OVER-THE-ROAD BUS AND PUBLIC TRANSIT VE4 HICLE EXEMPTION.—

5 ‘‘(1) IN GENERAL.—The second sentence of sec6 tion 127 of title 23, United States Code (relating to

7 axle weight limitations for vehicles using the Dwight

8 D. Eisenhower System of Interstate and Defense

9 Highways), shall not apply to—

10 ‘‘(A) any over-the-road bus (as defined in

11 section 301 of the Americans With Disabilities

12 Act of 1990 (42 U.S.C. 12181)); or

13 ‘‘(B) any vehicle that is regularly and ex14 clusively used as an intrastate public agency

15 transit passenger bus.

16 ‘‘(2) STATE ACTION.—No State or political sub17 division of a State, or any political authority of 2 or

18 more States, shall impose any axle weight limitation

19 on any vehicle described in paragraph (1) in any case

20 in which such a vehicle is using the Dwight D. Eisen21 hower System of Interstate and Defense Highways.’’.

22 SEC. 125. Notwithstanding any other provision of

23 law, access to the I–5 ‘‘Transit Only’’ ramps at NE 163rd

24 in Shoreline, Washington shall be expanded to include

25 King County Solid Waste Division transfer vehicles upon
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1 the determination of the Federal Highway Administrator

2 that necessary safety improvements have been completed.

3 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

4 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in the implemen9 tation, execution and administration of the motor carrier

10 safety program, motor carrier safety research, motor carrier

11 outreach and education, $211,400,000, to be derived from

12 the Highway Trust Fund, together with advances and reim13 bursements received by the Federal Motor Carrier Safety

14 Administration, the sum of which shall remain available

15 until expended: Provided, That none of the funds under this

16 heading shall be available for the implementation, execution

17 or administration of programs the obligations for which are

18 in excess of $211,400,000, for ‘‘Motor Carrier Safety Oper19 ations and Programs’’, of which $9,600,000, to remain

20 available until September 30, 2009, is for the research and

21 technology program; and of which up to $6,800,000 shall

22 be available to make grants to, or enter into contracts with,

23 States, local government, or other persons for the commer24 cial vehicle analysis reporting system, and the Federal

25 share payable under such grants shall be 100 percent.
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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For payment of obligations incurred in carrying out

7 sections 31102, 31106, and 31309 of title 23, United States

8 Code, $278,620,000 to be derived from the Highway Trust

9 Fund and to remain available until expended: Provided,

10 That none of the funds in this Act shall be available for

11 the implementation or execution of programs the obligations

12 for which are in excess of $278,620,000 for ‘‘Motor Carrier

13 Safety Grants’’, of which $193,620,000 shall be available

14 for Motor Carrier Safety Assistance Program grants to

15 States; of which $33,000,000 shall be available for Border

16 Enforcement grants to States; $4,000,000 shall be available

17 for Performance and Registration Information System

18 Management grants to States; $23,000,000 shall be avail19 able for the Commercial Driver’s License and Driver Im20 provement Program grants to States; and $25,000,000 shall

21 be available for Commercial Vehicle Information Systems

22 and Networks grants to States: Provided further, That for

23 grants made to States for implementation of section 210

24 of the Motor Carrier Safety Improvement Act of 1999 (113

25 Stat. 1764–1765), and for grants to States, local govern26 ments, or other entities for commercial driver’s license pro-
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HR 3058 EAS

1 gram improvements, the Federal share payable under such

2 grants shall be 100 percent: Provided further, That from

3 amounts provided under this heading for grants to States

4 or local governments for audits of new entrant motor car5 riers, the Secretary of Transportation may withhold such

6 funds from a State or local government that is unable to

7 use government employees to conduct new entrant motor

8 carrier audits and may transfer such funds to ‘‘Motor Car9 rier Safety Operations and Programs’’ to conduct audits

10 in those jurisdictions.

11 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER

12 SAFETY ADMINISTRATION

13 SEC. 130. Funds appropriated or limited in this Act

14 shall be subject to the terms and conditions stipulated in

15 section 350 of Public Law 107–87, including that the Sec16 retary submit a report to the House and Senate Appropria17 tions Committees annually on the safety and security of

18 transportation into the United States by Mexico-domiciled

19 motor carriers.

20 SEC. 131. None of the funds appropriated or otherwise

21 made available by this Act may be used to implement or

22 enforce any provisions of the Final Rule, issued on April

23 16, 2003 (Docket No. FMCSA–97–2350), with respect to ei24 ther of the following:
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1 (1) The operators of utility service vehicles, as

2 that term is defined in section 395.2 of title 49, Code

3 of Federal Regulations.

4 (2) Maximum daily hours of service for drivers

5 engaged in the transportation of property or pas6 sengers to or from a motion picture or television pro7 duction site located within a 100-air mile radius of

8 the work reporting location of such drivers.

9 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

10 OPERATIONS AND RESEARCH

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out

15 the provisions of 23 U.S.C. 403, 49 U.S.C. 301, and part

16 C of subtitle VI of 49 U.S.C., $226,688,000, to be derived

17 from the Highway Trust Fund: Provided, That none of the

18 funds in this Act shall be available for the planning or exe19 cution of programs the total obligations for which, in fiscal

20 year 2006, are in excess of $226,688,000 for programs au21 thorized under such sections: Provided further, That none

22 of the funds appropriated by this Act may be obligated or

23 expended to plan, finalize, or implement any rulemaking

24 to add to section 575.104 of title 49 of the Code of Federal

25 Regulations any requirement pertaining to a grading

26 standard that is different from the three grading standards
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1 (treadwear, traction, and temperature resistance) already

2 in effect.

3 NATIONAL DRIVER REGISTER

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out

8 chapter 303 of title 49, United States Code, $4,000,000, to

9 be derived from the Highway Trust Fund and remain

10 available until expended: Provided, That none of the funds

11 in this Act shall be available for the implementation or exe12 cution of programs the obligations for which are in excess

13 of $4,000,000 for the National Driver Register authorized

14 under chapter 303 of title 49, United States Code.

15 HIGHWAY TRAFFIC SAFETY GRANTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in carrying out

20 the provisions of 23 U.S.C. 402, 405, 406, 407A, 410, 412,

21 section 7212(a)(9) of the Highway Safety Grant Program

22 Reauthorization Act of 2005 to pay administrative and re23 lated operating expenses under 23 U.S.C. 402, 405, 406,

24 407A, 410, 412, 413 and 414, and section 7223 of the High25 way Safety Grant Program Reauthorization Act of 2005,

26 to remain available until expended, $548,182,095 to be de-
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1 rived from the Highway Trust Fund (other than the Mass

2 Transit Account): Provided, That none of the funds in this

3 Act shall be available for the planning or execution of pro4 grams the total obligations for which, in fiscal year 2006,

5 are in excess of $548,182,095 for programs authorized under

6 23 U.S.C. 402, 405, 406, 407A, 410, 412, 413 and 414, and

7 section 7223 of the Highway Safety Grant Program Reau8 thorization Act of 2005, of which $209,217,985 shall be for

9 ‘‘Highway Safety Programs’’ under 23 U.S.C. 402,

10 $149,667,110 shall be for ‘‘Occupant Protection Programs’’

11 under 23 U.S.C. 405, $7,400,000 shall be for ‘‘Demonstra12 tion Programs related to older drivers, law enforcement,

13 and motorcycle training’’ under 23 U.S.C. 406, $5,000,000

14 shall be for the ‘‘Emergency Medical Services Program’’

15 under 23 U.S.C. 407A, $115,721,000 shall be for the ‘‘Im16 paired Driving Program’’ under 23 U.S.C. 410,

17 $45,000,000 shall be for ‘‘State Traffic Safety Information

18 System Improvements’’ under 23 U.S.C. 412, $16,176,000

19 shall be for ‘‘administrative and related operating expenses’’

20 under section 7212(a)(9) of the Highway Safety Grant Pro21 gram Reauthorization Act of 2005 for 23 U.S.C. 402, 405,

22 406, 407A, 410, 412, 413 and 414, and section 7223 of the

23 Highway Safety Grant Program Reauthorization Act of

24 2005: Provided further, That none of these funds shall be

25 used for construction, rehabilitation, or remodeling costs, or
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1 for office furnishings and fixtures for State, local or private

2 buildings or structures: Provided further, That not to exceed

3 $500,000 of the funds made available for section 410 ‘‘Alco4 hol-Impaired Driving Countermeasures Grants’’ shall be

5 available for technical assistance to the States.

6 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

7 TRAFFIC SAFETY ADMINISTRATION

8 SEC. 140. Notwithstanding any other provision of law,

9 States may use funds provided in this Act under section

10 402 of title 23, United States Code, to produce and place

11 highway safety public service messages in television, radio,

12 cinema, and print media, and on the Internet in accord13 ance with guidance issued by the Secretary of Transpor14 tation: Provided, That any State that uses funds for such

15 public service messages shall submit to the Secretary a re16 port describing and assessing the effectiveness of the mes17 sages: Provided further, That $10,000,000 of the funds allo18 cated under section 157 of title 23, United States Code, shall

19 be used as directed by the National Highway Traffic Safety

20 Administrator to purchase national paid advertising (in21 cluding production and placement) to support national

22 safety belt mobilizations: Provided further, That, of the

23 funds allocated under section 163 of title 23, United States

24 Code, $6,000,000 shall be used as directed by the Adminis25 trator to support national impaired driving mobilizations

26 and enforcement efforts, and $14,000,000 shall be used as
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1 directed by the Administrator to purchase national paid

2 advertising (including production and placement) to sup3 port such national impaired driving mobilizations and en4 forcement efforts.

5 SEC. 141. Notwithstanding any other provision of law,

6 for fiscal year 2006 the Secretary of Transportation is au7 thorized to use amounts made available to carry out section

8 157 of title 23, United States Code, to make innovative

9 project allocations, not to exceed the prior year’s amounts

10 for such allocations, before making incentive grants for use

11 of seat belts.

12 SEC. 142. Notwithstanding any other provision of law,

13 not to exceed $130,000 of the funds made available under

14 sections 403 of title 23 U.S.C. and 7212(a)(9) of the High15 way Safety Grant Program Reauthorization Act of 2005

16 to pay administrative and related operating expenses under

17 23 U.S.C. 402 shall be available to the National Highway

18 Traffic Safety Administration for travel and related ex19 penses for State management reviews and highway safety

20 staff core competency development training.

21 SEC. 143. For an additional amount for the National

22 Highway Traffic Safety Administration under the heading

23 ‘‘OPERATIONS AND RESEARCH’’, $6,000,000, to carry out

24 the provisions of section 10307(c) of Public Law 109–59.
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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Admin4 istration, not otherwise provided for, $146,000,000, of which

5 $13,856,000 shall remain available until expended.

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and devel8 opment, $41,000,000, to remain available until expended.

9 RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

10 The Secretary of Transportation is authorized to issue

11 to the Secretary of the Treasury notes or other obligations

12 pursuant to section 512 of the Railroad Revitalization and

13 Regulatory Reform Act of 1976 (Public Law 94–210), as

14 amended, in such amounts and at such times as may be

15 necessary to pay any amounts required pursuant to the

16 guarantee of the principal amount of obligations under sec17 tions 511 through 513 of such Act, such authority to exist

18 as long as any such guaranteed obligation is outstanding:

19 Provided, That pursuant to section 502 of such Act, as

20 amended, no new direct loans or loan guarantee commit21 ments shall be made using Federal funds for the credit risk

22 premium during fiscal year 2006.

23 NEXT GENERATION HIGH-SPEED RAIL

24 For necessary expenses for the Next Generation High25 Speed Rail program as authorized under 49 U.S.C. 26101
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HR 3058 EAS

1 and 26102, $11,500,000, to remain available until ex2 pended.

3 ALASKA RAILROAD REHABILITATION

4 To enable the Secretary of Transportation to make

5 grants to the Alaska Railroad, $20,000,000, for capital re6 habilitation and improvements benefiting its passenger op7 erations, to remain available until expended.

8 GRANTS TO THE NATIONAL RAILROAD PASSENGER

9 CORPORATION

10 To enable the Secretary of Transportation to make a

11 grant to the National Railroad Passenger Corporation

12 (‘‘Corporation’’) for the operation and capital expenses of

13 intercity passenger rail service, $1,450,000,000, to remain

14 available until expended: Provided, That the Corporation

15 may impose a passenger service surcharge on each ticket

16 issued equivalent to 5 percent of the value of said ticket

17 for all tickets issued for travel in the Northeast Corridor,

18 or route segment, between Washington, DC and Boston, MA

19 and equivalent to 2 percent of the value of said ticket price

20 for all tickets issued for travel on a route outside the North21 east Corridor, the proceeds of which shall be used for capital

22 investments: Provided further, That the Corporation shall

23 not impose said surcharge if it finds that such a surcharge

24 shall have a deleterious impact on ridership and revenues:

25 Provided further, That of the funds provided under this sec26 tion, not less than $5,000,000 shall be expended for the de-
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1 velopment and implementation of a managerial cost ac2 counting system, which includes average and marginal unit

3 cost capability: Provided further, That within 30 days of

4 development of the managerial cost accounting system, the

5 Department of Transportation Inspector General shall re6 view and comment to the Secretary of Transportation and

7 the House and Senate Committees on Appropriations, upon

8 the strengths and weaknesses of the system and how it best

9 can be implemented to improve decision making by the

10 Board of Directors and management of the Corporation.

11 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

12 ADMINISTRATION

13 SEC. 150. Notwithstanding any other provision of law,

14 from funds made available to the Federal Railroad Admin15 istration under the heading ‘‘Next Generation High-Speed

16 Rail’’ in the Consolidated Appropriations Act of 2005 (Pub17 lic Law 108–447), the Secretary of Transportation shall

18 award a grant in the amount of $500,000 to the Maine

19 Department of Transportation for Safety and Mitigation

20 Rail Relocation in Auburn, Maine.

21 SEC. 151. Notwithstanding any other provision of law,

22 funds made available to the Federal Railroad Administra23 tion for the Illinois statewide highway-rail crossing safety

24 program on page 1420 of the Joint Explanatory Statement

25 of the Committee of Conference for Public Law 108–447

26 (House Report 108–792) shall be made available to the Illi-
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1 nois Commerce Commission for the Public Education and

2 Enforcement Research (PEERS) program to improve rail3 grade crossing safety through education and enforcement

4 initiatives.

5 SEC. 152. Notwithstanding any existing Federal legis6 lation, from funds available to the Federal Railroad Ad7 ministration under the heading of ‘‘Next Generation High8 Speed Rail’’ in the Consolidated Appropriations Act of

9 2004, Public Law 108–199; the Secretary of Transportation

10 may award a grant of $1,000,000 to the New Orleans Re11 gional Planning Commission, New Orleans, Louisiana for

12 site planning and an update of the Master Plan for the

13 Union Passenger Terminal, located at New Orleans, Lou14 isiana.

15 SEC. 153. Notwithstanding any other provision of law,

16 funds made available to the Federal Railroad Administra17 tion for the Spokane Region High Speed Rail Corridor

18 Study on page 1420 of the Joint Explanatory Statement

19 of the Committee of Conference for Public Law 108–447

20 (House Report 108–792) shall be made available to the

21 Washington State Department of Transportation for track

22 and grade crossing improvements under the Bridging the

23 Valley project between Spokane County, Washington and

24 Kootenai County, Idaho.
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1 FEDERAL TRANSIT ADMINISTRATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses of the Federal

4 Transit Administration’s programs authorized by chapter

5 53 of title 49, United States Code, $13,411,000: Provided,

6 That no more than $79,544,000 of budget authority shall

7 be available for these purposes: Provided further, That of

8 the funds available not to exceed $925,000 shall be available

9 for the Office of the Administrator; not to exceed $6,800,000

10 shall be available for the Office of Administration; not to

11 exceed $4,200,000 shall be available for the Office of the

12 Chief Counsel; not to exceed $1,300,000 shall be available

13 for the Office of Communication and Congressional Affairs;

14 not to exceed $7,500,000 shall be available for the Office

15 of Program Management; not to exceed $7,200,000 shall be

16 available for the Office of Budget and Policy; not to exceed

17 $4,700,000 shall be available for the Office of Demonstra18 tion and Innovation; not to exceed $3,000,000 shall be

19 available for the Office of Civil Rights; not to exceed

20 $4,200,000 shall be available for the Office of Planning; not

21 to exceed $21,000,000 shall be available for regional offices;

22 and not to exceed $16,219,000 shall be available for the cen23 tral account: Provided further, That the Administrator is

24 authorized to transfer funds appropriated for an office of

25 the Federal Transit Administration: Provided further, That
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1 no appropriation for an office shall be increased or de2 creased by more than a total of 5 percent during the fiscal

3 year by all such transfers: Provided further, That any

4 change in funding greater than 5 percent shall be submitted

5 for approval to the House and Senate Committees on Ap6 propriations: Provided further, That any funding trans7 ferred from the central account shall be submitted for ap8 proval to the House and Senate Committees on Appropria9 tions: Provided further, That none of the funds provided

10 or limited in this Act may be used to create a permanent

11 office of transit security under this heading: Provided fur12 ther, That of the funds in this Act available for the execu13 tion of contracts under section 5327(c) of title 49, United

14 States Code, $2,000,000 shall be reimbursed to the Depart15 ment of Transportation’s Office of Inspector General for

16 costs associated with audits and investigations of transit17 related issues, including reviews of new fixed guideway sys18 tems: Provided further, That up to $2,500,000 for the Na19 tional transit database shall remain available until ex20 pended: Provided further, That upon submission to the Con21 gress of the fiscal year 2007 President’s budget, the Sec22 retary of Transportation shall transmit to Congress the an23 nual report on new starts, including proposed allocations

24 of funds for fiscal year 2007.
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1 FORMULA GRANTS

2 For necessary expenses to carry out 49 U.S.C. 5307,

3 5308, 5310, 5311, 5327, and section 3038 of Public Law

4 105–178, $734,117,000, to remain available until expended:

5 Provided, That no more than $4,354,191,000 of budget au6 thority shall be available for these purposes.

7 UNIVERSITY TRANSPORTATION RESEARCH

8 For necessary expenses to carry out 49 U.S.C. 5505,

9 $981,000, to remain available until expended: Provided,

10 That no more than $5,818,000 of budget authority shall be

11 available for these purposes.

12 TRANSIT PLANNING AND RESEARCH

13 For necessary expenses to carry out 49 U.S.C. 5303,

14 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and

15 5322, $26,350,000, to remain available until expended: Pro16 vided, That no more than $156,287,000 of budget authority

17 shall be available for these purposes: Provided further, That

18 $5,208,000 is available to provide rural transportation as19 sistance (49 U.S.C. 5311(b)(2)), $3,967,000 is available to

20 carry out programs under the National Transit Institute

21 (49 U.S.C. 5315), $8,992,000 is available to carry out tran22 sit cooperative research programs (49 U.S.C. 5313(a)),

23 $104,004,000 is available for State and metropolitan plan24 ning; and $34,116,000 is available for the national plan25 ning and research program (49 U.S.C. 5314).
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HR 3058 EAS

1 TRUST FUND SHARE OF EXPENSES

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 Notwithstanding any other provision of law, for pay5 ment of obligations incurred in carrying out 49 U.S.C.

6 5303–5308, 5310–5315, 5317(b), 5322, 5327, 5334, 5505,

7 and sections 3037 and 3038 of Public Law 105–178,

8 $6,824,667,000, to remain available until expended, and to

9 be derived from the Mass Transit Account of the Highway

10 Trust Fund: Provided, That $3,620,074,000 shall be paid

11 to the Federal Transit Administration’s formula grants ac12 count: Provided further, That $129,937,000 shall be paid

13 to the Federal Transit Administration’s transit planning

14 and research account: Provided further, That $66,133,000

15 shall be paid to the Federal Transit Administration’s ad16 ministrative expenses account: Provided further, That

17 $4,837,000 shall be paid to the Federal Transit Administra18 tion’s university transportation research account: Provided

19 further, That $101,292,000 shall be paid to the Federal

20 Transit Administration’s job access and reverse commute

21 grants program: Provided further, That $2,902,394,000

22 shall be paid to the Federal Transit Administration’s Cap23 ital Investment Grants account.

24 CAPITAL INVESTMENT GRANTS

25 For necessary expenses to carry out 49 U.S.C. 5308,

26 5309, 5318, and 5327, $588,578,000, to remain available
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1 until expended: Provided, That no more than

2 $3,490,972,000 of budget authority shall be available for

3 these purposes: Provided further, That there shall be avail4 able for fixed guideway modernization, $1,307,473,000;

5 there shall be available for the replacement, rehabilitation,

6 and purchase of buses and related equipment and the con7 struction of bus-related facilities, $796,977,000, and there

8 shall be available for new fixed guideway systems

9 $1,386,522,000, to be available as follows:

10 Alaska and Hawaii ferry projects, $10,296,000;

11 Baltimore Central Light Rail Double Track

12 Project, Maryland, $12,420,000;

13 Central Phoenix/East Valley LRT, Arizona,

14 $90,000,000;

15 Charlotte South Corridor Light Rail Project,

16 North Carolina, $55,000,000;

17 City of Miami Streetcar, Florida, $2,000,000;

18 City of Rock Hill Trolley Study, South Caro19 lina, $400,000;

20 Commuter Rail, Albuquerque to Santa Fe, New

21 Mexico, $500,000;

22 Commuter Rail, Utah, $9,000,000;

23 CORRIDORone Regional Rail Project, Pennsyl24 vania, $1,500,000;

25 CTA Douglas Blue Line, Illinois, $45,150,000;
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1 CTA Ravenswood Brown Line, Illinois,

2 $40,000,000;

3 Dallas Northwest/Southeast Light Rail MOS,

4 Texas, $12,000,000;

5 Dulles Corridor Rapid Transit Project, Virginia,

6 $26,000,000;

7 East Corridor Commuter Rail, Nashville, Ten8 nessee, $6,000,000;

9 East Side Access Project, New York,

10 $340,000,000;

11 Euclid Corridor Transportation Project, Ohio,

12 $24,774,513;

13 Gainesville-Haymarket VRE Service Extension,

14 Virginia, $1,450,000;

15 Hartford-New Britain Busway, Connecticut,

16 $6,000,000;

17 Hudson-Bergen Light Rail MOS 2, New Jersey,

18 $100,000,000;

19 Kansas City, MO, Southtown BRT, $12,300,000;

20 Metra, Illinois, $42,180,000;

21 Metro Gold Line Eastside Light Rail Extension,

22 California, $80,000,000;

23 Houston METRO, Texas, $12,000,000;

24 Mid-Coast Light Rail Transit Extension, Cali25 fornia, $7,160,000;
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HR 3058 EAS

1 Mid-Jordan Light Rail Transit Line, Utah,

2 $500,000;

3 Mission Valley East, California, $7,700,000;

4 New Jersey Trans-Hudson Midtown Corridor,

5 New Jersey, $3,315,000;

6 North Corridor Interstate MAX Light Rail

7 Project, Oregon, $18,110,000;

8 North Shore Connector, Pennsylvania,

9 $55,000,000;

10 Northeast Corridor Commuter Rail Project,

11 Delaware, $1,425,000;

12 Northstar Corridor Commuter Rail Project, Min13 nesota, $2,000,000;

14 Oceanside Escondido Rail Project, California,

15 $12,210,000;

16 Regional Fixed Guideway Project, Nevada,

17 $3,000,000;

18 Rhode Island Integrated Commuter Rail Project,

19 Rhode Island, $6,000,000;

20 San Francisco BART Extension to San Fran21 cisco International Airport, California, $81,860,000;

22 San Francisco Muni Third Street Light Rail

23 Project, California, $10,000,000;

24 San Juan Tren Urbano, Puerto Rico,

25 $10,200,000;
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1 Schuylkill Valley Metro, Pennsylvania,

2 $2,000,000;

3 Seattle Sound Transit, Washington, $80,000,000;

4 Second Avenue Subway, New York, $25,000,000;

5 Silicon Valley Rapid Transit Corridor Project,

6 Santa Clara County, California, $5,000,000;

7 Silver Line Phase III, Massachusetts,

8 $4,000,000;

9 Sounder Commuter Rail, Washington,

10 $5,000,000;

11 Southeast Corridor Multi-Modal Project (T–

12 REX), Colorado, $80,000,000;

13 Triangle Transit Authority Regional Rail Sys14 tem (Raleigh-Durham), North Carolina, $18,000,000;

15 Washington County Commuter Rail Project, Or16 egon, $15,000,000;

17 West Corridor Light Rail, Colorado, $5,000,000.

18 JOB ACCESS AND REVERSE COMMUTE GRANTS

19 For necessary expenses to carry out section 3037 of the

20 Federal Transit Act of 1998, $20,541,000, to remain avail21 able until expended: Provided, That no more than

22 $121,833,000 of budget authority shall be available for these

23 purposes: Provided further, That up to $300,000 of the

24 funds provided under this heading may be used by the Fed25 eral Transit Administration for technical assistance and
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1 support and performance reviews of the Job Access and Re2 verse Commute Grants program.

3 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

4 ADMINISTRATION

5 SEC. 160. The limitations on obligations for the pro6 grams of the Federal Transit Administration shall not

7 apply to any authority under 49 U.S.C. 5338, previously

8 made available for obligation, or to any other authority pre9 viously made available for obligation.

10 SEC. 161. Notwithstanding any other provision of law,

11 and except for fixed guideway modernization projects, funds

12 made available by this Act under ‘‘Federal Transit Admin13 istration, Capital investment grants’’ for projects specified

14 in this Act or identified in reports accompanying this Act

15 not obligated by September 30, 2008, and other recoveries,

16 shall be made available for other projects under 49 U.S.C.

17 5309.

18 SEC. 162. Notwithstanding any other provision of law,

19 any funds appropriated before October 1, 2005, under any

20 section of chapter 53 of title 49, United States Code, that

21 remain available for expenditure may be transferred to and

22 administered under the most recent appropriation heading

23 for any such section.

24 SEC. 163. Notwithstanding any other provision of law,

25 any Office of Management and Budget Circular or any pol26 icy, directive, or regulation, funds made available from the
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1 Mass Transit Account of the Highway Trust Fund in this

2 Act may not be deposited in the General Fund of the United

3 States Treasury: Provided, That obligations incurred to

4 carry out any Federal Transit program, project or activity

5 shall be liquidated first from amounts appropriated for that

6 program, project or activity from the General Fund of the

7 United States Treasury until the appropriated amount is

8 depleted.

9 SEC. 164. Notwithstanding any other provision of law,

10 unobligated funds made available for a new fixed guideway

11 systems projects under the heading ‘‘Federal Transit Ad12 ministration, Capital Investment Grants’’ in any appro13 priations Act prior to this Act may be used during this

14 fiscal year to satisfy expenses incurred for such projects.

15 SEC. 165. Funds made available for Alaska or Hawaii

16 ferry boats or ferry terminal facilities pursuant to 49

17 U.S.C. 5309(m)(2)(B) may be used to construct new vessels

18 and facilities, or to improve existing vessels and facilities,

19 including both the passenger and vehicle-related elements of

20 such vessels and facilities, and for repair facilities: Pro21 vided, That not more than $3,000,000 of the funds made

22 available pursuant to 49 U.S.C. 5309(m)(2)(B) may be

23 used by the State of Hawaii to initiate and operate a pas24 senger ferryboat services demonstration project to test the

25 viability of different intra-island and inter-island ferry
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1 boat routes and technology: Provided further, That notwith2 standing 49 U.S.C. 5302(a)(7), funds made available for

3 Alaska or Hawaii ferry boats may be used to acquire pas4 senger ferry boats and to provide passenger ferry transpor5 tation services within areas of the State of Hawaii under

6 the control or use of the National Park Service.

7 SEC. 166. Amounts made available from the bus cat8 egory of the Capital Investment Grants Account or Discre9 tionary Grants Account in this or any other previous Ap10 propriations Act that remain unobligated or unexpended in

11 a grant for a multimodal transportation facility in Bur12 lington, Vermont, may be used for site-preparation and de13 sign purposes of a multimodal transportation facility in

14 a different location within Burlington, Vermont, than origi15 nally intended notwithstanding previous expenditures in16 curred such purposes at the original location.

17 SEC. 167. Notwithstanding any other provision of law,

18 funds designated in the conference report accompanying

19 Public Law 108–447 and Public Law 108–199 for the King

20 County Metro Park and Ride on First Hill, Seattle, Wash21 ington, shall be available to the Swedish Hospital parking

22 garage, Seattle, Washington, subject to the same conditions

23 and requirements of section 125 of division H of Public

24 Law 108–447.
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HR 3058 EAS

1 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

2 The Saint Lawrence Seaway Development Corpora3 tion is hereby authorized to make such expenditures, within

4 the limits of funds and borrowing authority available to

5 the Corporation, and in accord with law, and to make such

6 contracts and commitments without regard to fiscal year

7 limitations as provided by section 104 of the Government

8 Corporation Control Act, as amended (31 U.S.C. 9101–

9 9110), as may be necessary in carrying out the programs

10 set forth in the Corporation’s budget for the current fiscal

11 year.

12 OPERATIONS AND MAINTENANCE

13 (HARBOR MAINTENANCE TRUST FUND)

14 For necessary expenses for operations and mainte15 nance of those portions of the Saint Lawrence Seaway oper16 ated and maintained by the Saint Lawrence Seaway Devel17 opment Corporation, $16,284,000, to be derived from the

18 Harbor Maintenance Trust Fund, pursuant to Public Law

19 99–662.

20 MARITIME ADMINISTRATION

21 MARITIME SECURITY PROGRAM

22 For necessary expenses to maintain and preserve a

23 U.S.-flag merchant fleet to serve the national security needs

24 of the United States, $156,000,000, to remain available

25 until expended.
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HR 3058 EAS

1 OPERATIONS AND TRAINING

2 For necessary expenses of operations and training ac3 tivities authorized by law, $118,649,000 of which

4 $23,750,000 shall remain available until September 30,

5 2006, for salaries and benefits of employees of the United

6 States Merchant Marine Academy; of which $13,033,000

7 shall remain available until expended for capital improve8 ments at the United States Merchant Marine Academy; and

9 of which $8,211,000 shall remain available until expended

10 for the State Maritime Schools Schoolship Maintenance and

11 Repair.

12 SHIP DISPOSAL

13 For necessary expenses related to the disposal of obso14 lete vessels in the National Defense Reserve Fleet of the Mar15 itime Administration, $21,000,000, to remain available

16 until expended.

17 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

18 ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For administrative expenses to carry out the guaran21 teed loan program, not to exceed $4,726,000, which shall

22 be transferred to and merged with the appropriation for

23 Operations and Training.
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1 NATIONAL DEFENSE TANK VESSEL CONSTRUCTION

2 PROGRAM

3 For necessary expenses to carry out the program of fi4 nancial assistance for the construction of new product tank

5 vessels as authorized by section 53101 of title 46, United

6 States Code, as amended, $25,000,000, to remain available

7 until expended.

8 SHIP CONSTRUCTION

9 (RESCISSION)

10 Of the unobligated balances available under this head11 ing, $2,071,280 are rescinded.

12 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

13 SEC. 170. Notwithstanding any other provision of this

14 Act, the Maritime Administration is authorized to furnish

15 utilities and services and make necessary repairs in connec16 tion with any lease, contract, or occupancy involving Gov17 ernment property under control of the Maritime Adminis18 tration, and payments received therefore shall be credited

19 to the appropriation charged with the cost thereof: Provided,

20 That rental payments under any such lease, contract, or

21 occupancy for items other than such utilities, services, or

22 repairs shall be covered into the Treasury as miscellaneous

23 receipts.

24 SEC. 171. No obligations shall be incurred during the

25 current fiscal year from the construction fund established

26 by the Merchant Marine Act, 1936 (46 App. U.S.C. 1101
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1 et seq.), or otherwise, in excess of the appropriations and

2 limitations contained in this Act or in any prior appro3 priations Act.

4 PIPELINE AND HAZARDOUS MATERIALS SAFETY

5 ADMINISTRATION

6 ADMINISTRATIVE EXPENSES

7 For necessary administrative expenses of the Pipeline

8 and Hazardous Materials Safety Administration,

9 $16,877,000, of which $645,000 shall be derived from the

10 Pipeline Safety Fund.

11 HAZARDOUS MATERIALS SAFETY

12 For expenses necessary to discharge the hazardous ma13 terials safety functions of the Pipeline and Hazardous Ma14 terials Safety Administration, $26,138,000, of which

15 $1,847,000 shall remain available until September 30,

16 2008: Provided, That up to $1,200,000 in fees collected

17 under 49 U.S.C. 5108(g) shall be deposited in the general

18 fund of the Treasury as offsetting receipts: Provided further,

19 That there may be credited to this appropriation, to be

20 available until expended, funds received from States, coun21 ties, municipalities, other public authorities, and private

22 sources for expenses incurred for training, for reports publi23 cation and dissemination, and for travel expenses incurred

24 in performance of hazardous materials exemptions and ap25 provals functions.
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HR 3058 EAS

1 PIPELINE SAFETY

2 (PIPELINE SAFETY FUND)

3 (OIL SPILL LIABILITY TRUST FUND)

4 For expenses necessary to conduct the functions of the

5 pipeline safety program, for grants-in-aid to carry out a

6 pipeline safety program, as authorized by 49 U.S.C. 60107,

7 and to discharge the pipeline program responsibilities of

8 the Oil Pollution Act of 1990 (Public Law 101–380),

9 $73,165,000, of which $15,000,000 shall be derived from the

10 Oil Spill Liability Trust Fund and shall remain available

11 until September 30, 2008; of which $58,165,000 shall be de12 rived from the Pipeline Safety Fund, of which $24,000,000

13 shall remain available until September 30, 2008: Provided,

14 That not less than $1,000,000 of the funds provided under

15 this heading shall be for the one-call State grant program.

16 EMERGENCY PREPAREDNESS GRANTS

17 (EMERGENCY PREPAREDNESS FUND)

18 For necessary expenses to carry out 49 U.S.C. 5127(c),

19 $200,000, to be derived from the Emergency Preparedness

20 Fund, to remain available until September 30, 2007: Pro21 vided, That not more than $14,300,000 shall be made avail22 able for obligation in fiscal year 2006 from amounts made

23 available by 49 U.S.C. 5116(i) and 5127(d): Provided fur24 ther, That none of the funds made available by 49 U.S.C.

25 5116(i), 5127(c), and 5127(d) shall be made available for
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1 obligation by individuals other than the Secretary of Trans2 portation, or his designee.

3 RESEARCH AND INNOVATIVE TECHNOLOGY

4 ADMINISTRATION

5 RESEARCH AND DEVELOPMENT

6 For necessary expenses of the Research and Innovative

7 Technology Administration, $4,326,000, of which

8 $1,000,000 shall remain available until September 30,

9 2008: Provided, That there may be credited to this appro10 priation, to be available until expended, funds received from

11 States, counties, municipalities, other public authorities,

12 and private sources for expenses incurred for training.

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Inspector Gen16 eral to carry out the provisions of the Inspector General

17 Act of 1978, as amended, $62,499,000: Provided, That the

18 Inspector General shall have all necessary authority, in car19 rying out the duties specified in the Inspector General Act,

20 as amended (5 U.S.C. App. 3), to investigate allegations

21 of fraud, including false statements to the government (18

22 U.S.C. 1001), by any person or entity that is subject to

23 regulation by the Department: Provided further, That the

24 funds made available under this heading shall be used to

25 investigate, pursuant to section 41712 of title 49, United
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1 States Code: (1) unfair or deceptive practices and unfair

2 methods of competition by domestic and foreign air carriers

3 and ticket agents; and (2) the compliance of domestic and

4 foreign air carriers with respect to item (1) of this proviso.

5 SURFACE TRANSPORTATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Surface Transportation

8 Board, including services authorized by 5 U.S.C. 3109,

9 $24,388,000: Provided, That notwithstanding any other

10 provision of law, not to exceed $1,250,000 from fees estab11 lished by the Chairman of the Surface Transportation

12 Board shall be credited to this appropriation as offsetting

13 collections and used for necessary and authorized expenses

14 under this heading: Provided further, That the sum herein

15 appropriated from the general fund shall be reduced on a

16 dollar-for-dollar basis as such offsetting collections are re17 ceived during fiscal year 2006, to result in a final appro18 priation from the general fund estimated at no more than

19 $23,138,000.

20 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF

21 TRANSPORTATION

22 (INCLUDING TRANSFERS OF FUNDS)

23 SEC. 180. During the current fiscal year applicable

24 appropriations to the Department of Transportation shall

25 be available for maintenance and operation of aircraft; hire
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HR 3058 EAS

1 of passenger motor vehicles and aircraft; purchase of liabil2 ity insurance for motor vehicles operating in foreign coun3 tries on official department business; and uniforms or al4 lowances therefor, as authorized by law (5 U.S.C. 5901–

5 5902).

6 SEC. 181. Appropriations contained in this Act for the

7 Department of Transportation shall be available for services

8 as authorized by 5 U.S.C. 3109, but at rates for individuals

9 not to exceed the per diem rate equivalent to the rate for

10 an Executive Level IV.

11 SEC. 182. None of the funds in this Act shall be avail12 able for salaries and expenses of more than 109 political

13 and Presidential appointees in the Department of Trans14 portation: Provided, That none of the personnel covered by

15 this provision may be assigned on temporary detail outside

16 the Department of Transportation.

17 SEC. 183. None of the funds in this Act shall be used

18 to implement section 404 of title 23, United States Code.

19 SEC. 184. (a) No recipient of funds made available in

20 this Act shall disseminate personal information (as defined

21 in 18 U.S.C. 2725(3)) obtained by a State department of

22 motor vehicles in connection with a motor vehicle record

23 as defined in 18 U.S.C. 2725(1), except as provided in 18

24 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
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1 (b) Notwithstanding subsection (a), the Secretary shall

2 not withhold funds provided in this Act for any grantee

3 if a State is in noncompliance with this provision.

4 SEC. 185. Funds received by the Federal Highway Ad5 ministration, Federal Transit Administration, and Federal

6 Railroad Administration from States, counties, municipali7 ties, other public authorities, and private sources for ex8 penses incurred for training may be credited respectively

9 to the Federal Highway Administration’s ‘‘Federal-Aid

10 Highways’’ account, the Federal Transit Administration’s

11 ‘‘Transit Planning and Research’’ account, and to the Fed12 eral Railroad Administration’s ‘‘Safety and Operations’’

13 account, except for State rail safety inspectors participating

14 in training pursuant to 49 U.S.C. 20105.

15 SEC. 186. Notwithstanding any other provisions of

16 law, rule or regulation, the Secretary of Transportation is

17 authorized to allow the issuer of any preferred stock here18 tofore sold to the Department to redeem or repurchase such

19 stock upon the payment to the Department of an amount

20 determined by the Secretary.

21 SEC. 187. None of the funds in this Act to the Depart22 ment of Transportation may be used to make a grant unless

23 the Secretary of Transportation notifies the House and Sen24 ate Committees on Appropriations not less than 3 full busi25 ness days before any discretionary grant award, letter of
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1 intent, or full funding grant agreement totaling $1,000,000

2 or more is announced by the department or its modal ad3 ministrations from: (1) any discretionary grant program

4 of the Federal Highway Administration other than the

5 emergency relief program; (2) the airport improvement pro6 gram of the Federal Aviation Administration; or (3) any

7 program of the Federal Transit Administration other than

8 the formula grants and fixed guideway modernization pro9 grams: Provided, That no notification shall involve funds

10 that are not available for obligation.

11 SEC. 188. Rebates, refunds, incentive payments, minor

12 fees and other funds received by the Department of Trans13 portation from travel management centers, charge card pro14 grams, the subleasing of building space, and miscellaneous

15 sources are to be credited to appropriations of the Depart16 ment of Transportation and allocated to elements of the De17 partment of Transportation using fair and equitable cri18 teria and such funds shall be available until expended.

19 SEC. 189. Amounts made available in this or any other

20 Act that the Secretary determines represent improper pay21 ments by the Department of Transportation to a third

22 party contractor under a financial assistance award, which

23 are recovered pursuant to law, shall be available—
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1 (1) to reimburse the actual expenses incurred by

2 the Department of Transportation in recovering im3 proper payments; and

4 (2) to pay contractors for services provided in re5 covering improper payments: Provided, That amounts

6 in excess of that required for paragraphs (1) and

7 (2)—

8 (A) shall be credited to and merged with the

9 appropriation from which the improper pay10 ments were made, and shall be available for the

11 purposes and period for which such appropria12 tions are available; or

13 (B) if no such appropriation remains avail14 able, shall be deposited in the Treasury as mis15 cellaneous receipts: Provided, That prior to the

16 transfer of any such recovery to an appropria17 tions account, the Secretary shall notify the

18 House and Senate Committees on Appropria19 tions of the amount and reasons for such trans20 fer: Provided further, That for purposes of this

21 section, the term ‘‘improper payments’’, has the

22 same meaning as that provided in section

23 2(d)(2) of Public Law 107–300.

24 SEC. 190. The Secretary of Transportation is author25 ized to transfer the unexpended balances available for the
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1 bonding assistance program from ‘‘Office of the Secretary,

2 Salaries and expenses’’ to ‘‘Minority Business Outreach’’.

3 SEC. 191. None of the funds made available in this

4 Act to the Department of Transportation may be obligated

5 for the Office of the Secretary of Transportation to approve

6 assessments or reimbursable agreements pertaining to funds

7 appropriated to the modal administrations in this Act, ex8 cept for activities underway on the date of enactment of

9 this Act, unless such assessments or agreements have com10 pleted the normal reprogramming process for Congressional

11 notification.

12 SEC. 192. Funds provided in this Act for the Working

13 Capital Fund shall be reduced by $1,000,000, which limits

14 fiscal year 2006 Working Capital Fund obligational au15 thority for elements of the Department of Transportation

16 funded in this Act to no more than $119,014,000: Provided,

17 That such reductions from the budget request shall be allo18 cated by the Department of Transportation to each appro19 priations account in proportion to the amount included in

20 each account for the Working Capital Fund.

21 SEC. 193. For the purpose of any applicable law, for

22 fiscal years 2004 and 2005, the city of Norman, Oklahoma,

23 shall be considered to be part of the Oklahoma City urban24 ized area.
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1 SEC. 194. Subsection (a) of section 1964 of Public Law

2 109–59 is amended by inserting ‘‘Idaho, Washington,’’ after

3 ‘‘Oregon,’’.

4 SEC. 195. Item number 4596 of the table contained in

5 section 1702 of the Safe, Accountable, Flexible, Efficient

6 Transportation Equity Act: A Legacy for Users (Public

7 Law 109–59; 119 Stat. 1144) is amended by striking ‘‘Cor8 ning Preserve improvements Phase II’’ and inserting

9 ‘‘Transportation Center, Corning, NY’’.

10 SEC. 196. Item number 512 of the table contained in

11 section 3044 of the Safe, Accountable, Flexible, Efficient

12 Transportation Equity Act: A Legacy for Users (Public

13 Law 109–59; 119 Stat. 1144) is amended by striking ‘‘Cor14 ning, NY, Phase II Corning Preserve Transportation En15 hancement Project’’ and inserting ‘‘Transportation Center

16 Enhancements, Corning, NY’’.

17 SEC. 197. Section 14711(c) of title 49, United States

18 Code, is amended by—

19 (1) striking ‘‘; and’’ at the end of paragraph (1) and

20 inserting ‘‘;’’;

21 (2) striking the period at the end of paragraph (2) and

22 inserting ‘‘; and’’; and

23 (3) inserting the following after paragraph (2):

24 ‘‘(3) be substituted, upon the filing of a motion with

25 the court, for the State as parens patriae in the action.’’.
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1 SEC. 198. Section 112(b)(2) of title 23, United States

2 Code, is amended—

3 (1) in subparagraph (A), by striking ‘‘title 40’’

4 and all that follows through the period and inserting

5 ‘‘title 40.’’;

6 (2) by striking subparagraph (B);

7 (3) by redesignating subparagraphs (C) through

8 (F) as subparagraphs (B) through (E), respectively;

9 (4) in subparagraph (E) (as redesignated by

10 paragraph (3)), in the first sentence, by striking ‘‘sub11 paragraph (E)’’ and inserting ‘‘subparagraph (D)’’;

12 and

13 (5) by striking subparagraph (G).

14 SEC. 199. (a) In addition to amounts available to

15 carry out section 10204 of the Safe, Accountable, Flexible,

16 and Efficient Transportation Equity Act: A Legacy for

17 Users (Public Law 109–59) as of the date of enactment of

18 this Act, of the amounts made available by this Act,

19 $1,000,000 may be used by the Secretary of Transportation

20 and the Secretary of Homeland Security to jointly—

21 (1) complete the review and assessment of cata22 strophic hurricane evacuation plans under that sec23 tion; and
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1 (2) submit to Congress, not later than June 1,

2 2006, the report described in subsection (d) of that

3 section.

4 (b) Section 10204 of the Safe, Accountable, Flexible,

5 and Efficient Transportation Equity Act: A Legacy for

6 Users (Public Law 109–59) is amended—

7 (1) in subsection (a)—

8 (A) by inserting after ‘‘evacuation plans’’

9 the following: ‘‘(including the costs of the

10 plans)’’; and

11 (B) by inserting ‘‘and other catastrophic

12 events’’ before ‘‘impacting’’;

13 (2) in subsection (b), by striking ‘‘and local’’ and

14 inserting ‘‘parish, county, and municipal’’; and

15 (3) in subsection (c)—

16 (A) in paragraph (1), by inserting ‘‘safe

17 and’’ before ‘‘practical’’;

18 (B) in paragraph (2), by inserting after

19 ‘‘States’’ the following: ‘‘and adjoining jurisdic20 tions’’;

21 (C) in paragraph (3), by striking ‘‘and’’

22 after the semicolon at the end;

23 (D) in paragraph (4), by striking the pe24 riod at the end and inserting a semicolon; and

25 (E) by adding at the end the following:
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1 ‘‘(5) the availability of food, water, restrooms,

2 fueling stations, and shelter opportunities along the

3 evacuation routes;

4 ‘‘(6) the time required to evacuate under the

5 plan; and

6 ‘‘(7) the physical and mental strains associated

7 with the evacuation.’’.

8 This title may be cited as the ‘‘Department of Trans9 portation Appropriations Act, 2006’’.

10 TITLE II—DEPARTMENT OF THE TREASURY

11 DEPARTMENTAL OFFICES

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of the Departmental Offices in15 cluding operation and maintenance of the Treasury Build16 ing and Annex; hire of passenger motor vehicles; mainte17 nance, repairs, and improvements of, and purchase of com18 mercial insurance policies for, real properties leased or

19 owned overseas, when necessary for the performance of offi20 cial business, $197,591,000, of which not to exceed

21 $8,642,366 is for executive direction program activities; not

22 to exceed $7,851,946 is for general counsel program activi23 ties; not to exceed $32,010,626 is for economic policies and

24 programs activities; not to exceed $27,220,470 is for finan25 cial policies and programs activities; pursuant to section

26 3004(b) of the Exchange Rates and International Economic
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1 Policy Coordination Act of 1988 (22 U.S.C. 5304(b)), not

2 to exceed $1,000,000 is for the Secretary of the Treasury,

3 in conjunction with the President, to implement said sub4 section as it pertains to governments and trade violations

5 involving currency manipulation and other trade viola6 tions; not to exceed $39,938,449 is for financial crimes poli7 cies and programs activities; not to exceed $16,843,447 is

8 for Treasury-wide management policies and programs ac9 tivities; and not to exceed $65,083,696 is for administration

10 programs activities: Provided, That of the amount appro11 priated for financial crimes policies and programs activi12 ties, $22,032,016 is for the Office of Foreign Assets Control

13 and shall support no less than 125 full time equivalent posi14 tions: Provided further, That the Secretary of the Treasury

15 is authorized to transfer funds appropriated for any pro16 gram activity of the Departmental Offices to any other pro17 gram activity of the Departmental Offices upon notification

18 to the House and Senate Committees on Appropriations:

19 Provided further, That no appropriation for any program

20 activity shall be increased or decreased by more than 2.5

21 percent by all such transfers: Provided further, That any

22 change in funding greater than 2.5 percent shall be sub23 mitted for approval to the House and Senate Committees

24 on Appropriations: Provided further, That of the amount

25 appropriated under this heading, not to exceed $3,000,000,
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1 to remain available until September 30, 2007, for informa2 tion technology modernization requirements; not to exceed

3 $100,000 for official reception and representation expenses;

4 and not to exceed $258,000 for unforeseen emergencies of

5 a confidential nature, to be allocated and expended under

6 the direction of the Secretary of the Treasury and to be ac7 counted for solely on his certificate: Provided further, That

8 of the amount appropriated under this heading, $5,173,000,

9 to remain available until September 30, 2007, is for the

10 Treasury-wide Financial Statement Audit Program, of

11 which such amounts as may be necessary may be trans12 ferred to accounts of the Department’s offices and bureaus

13 to conduct audits: Provided further, That this transfer au14 thority shall be in addition to any other provided in this

15 Act.

16 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS

17 PROGRAMS

18 (INCLUDING TRANSFER OF FUNDS)

19 For development and acquisition of automatic data

20 processing equipment, software, and services for the Depart21 ment of the Treasury, $24,412,000, to remain available

22 until September 30, 2008: Provided, That these funds shall

23 be transferred to accounts and in amounts as necessary to

24 satisfy the requirements of the Department’s offices, bu25 reaus, and other organizations: Provided further, That this

26 transfer authority shall be in addition to any other transfer
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1 authority provided in this Act: Provided further, That none

2 of the funds appropriated shall be used to support or supple3 ment ‘‘Internal Revenue Service, Information Systems’’ or

4 ‘‘Internal Revenue Service, Business Systems Moderniza5 tion’’.

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Inspector Gen9 eral in carrying out the provisions of the Inspector General

10 Act of 1978, as amended, not to exceed $2,000,000 for offi11 cial travel expenses, including hire of passenger motor vehi12 cles; and not to exceed $100,000 for unforeseen emergencies

13 of a confidential nature, to be allocated and expended under

14 the direction of the Inspector General of the Treasury,

15 $16,722,000, of which not to exceed $2,500 shall be available

16 for official reception and representation expenses.

17 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Treasury Inspector Gen20 eral for Tax Administration in carrying out the Inspector

21 General Act of 1978, as amended, including purchase (not

22 to exceed 150 for replacement only for police-type use) and

23 hire of passenger motor vehicles (31 U.S.C. 1343(b)); serv24 ices authorized by 5 U.S.C. 3109, at such rates as may be

25 determined by the Inspector General for Tax Administra26 tion; not to exceed $6,000,000 for official travel expenses;
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1 and not to exceed $500,000 for unforeseen emergencies of

2 a confidential nature, to be allocated and expended under

3 the direction of the Inspector General for Tax Administra4 tion, $133,286,000; and of which not to exceed $1,500 shall

5 be available for official reception and representation ex6 penses.

7 AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

8 For necessary expenses to administer the Air Trans9 portation Stabilization Board established by section 102 of

10 the Air Transportation Safety and System Stabilization

11 Act (Public Law 107–42), $2,942,000.

12 TREASURY BUILDING AND ANNEX REPAIR AND

13 RESTORATION

14 For the repair, alteration, and improvement of the

15 Treasury Building and Annex, $10,000,000, to remain

16 available until September 30, 2008.

17 FINANCIAL CRIMES ENFORCEMENT NETWORK

18 SALARIES AND EXPENSES

19 For necessary expenses of the Financial Crimes En20 forcement Network, including hire of passenger motor vehi21 cles; travel expenses of non-Federal law enforcement per22 sonnel to attend meetings concerned with financial intel23 ligence activities, law enforcement, and financial regula24 tion; not to exceed $14,000 for official reception and rep25 resentation expenses; and for assistance to Federal law en26 forcement agencies, with or without reimbursement,
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1 $73,630,000 of which not to exceed $6,944,000 shall remain

2 available until September 30, 2008; and of which

3 $8,521,000 shall remain available until September 30,

4 2007: Provided, That funds appropriated in this account

5 may be used to procure personal services contracts.

6 FINANCIAL MANAGEMENT SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Financial Management

9 Service, $236,243,000, of which not to exceed $9,220,000

10 shall remain available until September 30, 2008, for infor11 mation systems modernization initiatives; and of which not

12 to exceed $2,500 shall be available for official reception and

13 representation expenses.

14 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

15 SALARIES AND EXPENSES

16 For necessary expenses of carrying out section 1111

17 of the Homeland Security Act of 2002, including hire of

18 passenger motor vehicles, $91,126,000; of which not to ex19 ceed $6,000 for official reception and representation ex20 penses; not to exceed $50,000 for cooperative research and

21 development programs for laboratory services; and provi22 sion of laboratory assistance to State and local agencies

23 with or without reimbursement.
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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 For necessary expenses connected with any public-debt

4 issues of the United States, $179,923,000, of which not to

5 exceed $2,500 shall be available for official reception and

6 representation expenses, and of which not to exceed

7 $2,000,000 shall remain available until expended for sys8 tems modernization: Provided, That the sum appropriated

9 herein from the General Fund for fiscal year 2006 shall be

10 reduced by not more than $3,000,000 as definitive security

11 issue fees and Treasury Direct Investor Account Mainte12 nance fees are collected, so as to result in a final fiscal year

13 2006 appropriation from the General Fund estimated at

14 $176,923,000. In addition, $70,000 to be derived from the

15 Oil Spill Liability Trust Fund to reimburse the Bureau

16 for administrative and personnel expenses for financial

17 management of the Fund, as authorized by section 1012 of

18 Public Law 101–380.

19 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

20 FUND

21 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

22 PROGRAM ACCOUNT

23 To carry out the Community Development Banking

24 and Financial Institutions Act of 1994 (Public Law 103–

25 325), including services authorized by 5 U.S.C. 3109, but
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1 at rates for individuals not to exceed the per diem rate

2 equivalent to the rate for ES–3, $55,000,000, to remain

3 available until September 30, 2007, of which $4,000,000

4 shall be for financial assistance, technical assistance, train5 ing and outreach programs designed to benefit Native

6 American, Native Hawaiian, and Alaskan Native commu7 nities and provided primarily through qualified commu8 nity development lender organizations with experience and

9 expertise in community development banking and lending

10 in Indian country, Native American organizations, tribes

11 and tribal organizations and other suitable providers, and

12 up to $13,500,000 may be used for administrative expenses,

13 including administration of the New Markets Tax Credit,

14 up to $6,000,000 may be used for the cost of direct loans,

15 and up to $250,000 may be used for administrative ex16 penses to carry out the direct loan program: Provided, That

17 the cost of direct loans, including the cost of modifying such

18 loans, shall be as defined in section 502 of the Congressional

19 Budget Act of 1974, as amended: Provided further, That

20 these funds are available to subsidize gross obligations for

21 the principal amount of direct loans not to exceed

22 $11,000,000.
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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States

4 Code, the United States Mint is provided funding through

5 the United States Mint Public Enterprise Fund for costs

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments. The aggregate

9 amount of new liabilities and obligations incurred during

10 fiscal year 2006 under such section 5136 for circulating

11 coinage and protective service capital investments of the

12 United States Mint shall not exceed $36,900,000.

13 INTERNAL REVENUE SERVICE

14 PROCESSING, ASSISTANCE, AND MANAGEMENT

15 For necessary expenses of the Internal Revenue Service

16 for pre-filing taxpayer assistance and education, filing and

17 account services, shared services support, general manage18 ment and administration; and services as authorized by 5

19 U.S.C. 3109, at such rates as may be determined by the

20 Commissioner, $4,136,578,000, of which up to $4,100,000

21 shall be for the Tax Counseling for the Elderly Program,

22 of which $8,000,000 shall be available for low-income tax23 payer clinic grants, and of which not to exceed $25,000

24 shall be for official reception and representation expenses.
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1 TAX LAW ENFORCEMENT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Internal Revenue Service

4 for determining and establishing tax liabilities; providing

5 litigation support; conducting criminal investigation and

6 enforcement activities; securing unfiled tax returns; col7 lecting unpaid accounts; conducting a document matching

8 program; resolving taxpayer problems through prompt

9 identification, referral and settlement; expanded customer

10 service and public outreach programs, strengthened enforce11 ment activities, and enhanced research efforts to reduce er12 roneous filings associated with the earned income tax credit;

13 compiling statistics of income and conducting compliance

14 research; purchase (for police-type use, not to exceed 850)

15 and hire of passenger motor vehicles (31 U.S.C. 1343(b));

16 and services as authorized by 5 U.S.C. 3109, at such rates

17 as may be determined by the Commissioner,

18 $4,725,756,000, of which not to exceed $1,000,000 shall re19 main available until September 30, 2008, for research: Pro20 vided, That up to $10,000,000 may be transferred as nec21 essary from this account to the IRS Processing, Assistance,

22 and Management appropriation or the IRS Information

23 Systems appropriation solely for the purposes of manage24 ment of the Earned Income Tax Credit compliance program

25 and to reimburse the Social Security Administration for

26 the cost of implementing section 1090 of the Taxpayer Relief
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1 Act of 1997 (Public Law 105–33): Provided further, That

2 this transfer authority shall be in addition to any other

3 transfer authority provided in this Act.

4 INFORMATION SYSTEMS

5 For necessary expenses of the Internal Revenue Service

6 for information systems and telecommunications support,

7 including developmental information systems and oper8 ational information systems; the hire of passenger motor ve9 hicles (31 U.S.C. 1343(b)); and services as authorized by

10 5 U.S.C. 3109, at such rates as may be determined by the

11 Commissioner, $1,597,717,000, of which $75,000,000 shall

12 remain available until September 30, 2007.

13 BUSINESS SYSTEMS MODERNIZATION

14 For necessary expenses of the Internal Revenue Serv15 ice, $199,000,000, to remain available until September 30,

16 2008, for the capital asset acquisition of information tech17 nology systems, including management and related contrac18 tual costs of said acquisitions, including contractual costs

19 associated with operations authorized by 5 U.S.C. 3109:

20 Provided, That none of these funds may be obligated until

21 the Internal Revenue Service submits to the Committees on

22 Appropriations, and such Committees approve, a plan for

23 expenditure that: (1) meets the capital planning and invest24 ment control review requirements established by the Office

25 of Management and Budget, including Circular A–11; (2)

26 complies with the Internal Revenue Service’s enterprise ar-
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1 chitecture, including the modernization blueprint; (3) con2 forms with the Internal Revenue Service’s enterprise life

3 cycle methodology; (4) is approved by the Internal Revenue

4 Service, the Department of the Treasury, and the Office of

5 Management and Budget; (5) has been reviewed by the Gov6 ernment Accountability Office; and (6) complies with the

7 acquisition rules, requirements, guidelines, and systems ac8 quisition management practices of the Federal Government.

9 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

10 For expenses necessary to implement the health insur11 ance tax credit included in the Trade Act of 2002 (Public

12 Law 107–210), $20,210,000.

13 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

14 SERVICE

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 200. Not to exceed 5 percent of any appropriation

17 made available in this Act to the Internal Revenue Service

18 or not to exceed 3 percent of appropriations under the head19 ing ‘‘Tax Law Enforcement’’ may be transferred to any

20 other Internal Revenue Service appropriation upon the ad21 vance approval of the Committees on Appropriations.

22 SEC. 201. The Internal Revenue Service shall main23 tain a training program to ensure that Internal Revenue

24 Service employees are trained in taxpayers’ rights, in deal25 ing courteously with the taxpayers, and in cross-cultural

26 relations.
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1 SEC. 202. The Internal Revenue Service shall institute

2 and enforce policies and procedures that will safeguard the

3 confidentiality of taxpayer information.

4 SEC. 203. Funds made available by this or any other

5 Act to the Internal Revenue Service shall be available for

6 improved facilities and increased manpower to provide suf7 ficient and effective 1–800 help line service for taxpayers.

8 The Commissioner shall continue to make the improvement

9 of the Internal Revenue Service 1–800 help line service a

10 priority and allocate resources necessary to increase phone

11 lines and staff to improve the Internal Revenue Service 1–

12 800 help line service.

13 SEC. 204. None of the funds made available in this

14 Act may be used to reduce taxpayer services until the Treas15 ury Inspector General for Tax Administration completes a

16 study detailing the impact of the IRS’s reductions on tax17 payer compliance and taxpayer services, and the IRS’s

18 plans for providing adequate alternative services, and sub19 mits such study to the Committees on Appropriations of

20 the House of Representatives and the Senate.

21 SEC. 205. Of the funds made available by this Act to

22 the Internal Revenue Service, not less than $6,447,000,000

23 shall be available only for tax enforcement. In addition, of

24 the funds made available by this Act to the Internal Rev25 enue Service, and subject to the same terms and conditions,
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1 $446,000,000 shall be available for enhanced tax enforce2 ment.

3 SEC. 206. Not later than 90 days after the date of en4 actment of this Act, the IRS Commissioner shall submit a

5 report to the Committees on Appropriations of the House

6 of Representatives and the Senate on tax enforcement,

7 which includes estimates for the entire tax enforcement pro8 gram and for the tax enforcement initiative of tax enforce9 ment spending, tax enforcement workload indicators, direct

10 tax enforcement revenue, and an explanation of the method11 ology and accuracy of the estimates provided.

12 SEC. 207. Of the funds made available by this Act to

13 the Internal Revenue Service, not less than $166,249,000

14 shall be available for operating expenses of the Taxpayer

15 Advocate Service.

16 SEC. 208. The Internal Revenue Service shall submit

17 its fiscal year 2007 congressional budget justifications to

18 the Committees on Appropriations of the House of Rep19 resentatives and the Senate using the identical structure

20 provided under this Act and only in accordance with the

21 direction specified in the report accompanying this Act.

22 SEC. 209. Section 3 under the heading ‘‘Administra23 tive Provisions—Internal Revenue Service’’ of title I of

24 Public Law 103–329 is amended by striking the last pro25 viso.
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1 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

2 TREASURY

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 210. Appropriations to the Department of the

5 Treasury in this Act shall be available for uniforms or al6 lowances therefor, as authorized by law (5 U.S.C. 5901),

7 including maintenance, repairs, and cleaning; purchase of

8 insurance for official motor vehicles operated in foreign

9 countries; purchase of motor vehicles without regard to the

10 general purchase price limitations for vehicles purchased

11 and used overseas for the current fiscal year; entering into

12 contracts with the Department of State for the furnishing

13 of health and medical services to employees and their de14 pendents serving in foreign countries; and services author15 ized by 5 U.S.C. 3109.

16 SEC. 211. Not to exceed 2 percent of any appropria17 tions in this Act made available to the Departmental Of18 fices—Salaries and Expenses, Office of Inspector General,

19 Financial Management Service, Alcohol and Tobacco Tax

20 and Trade Bureau, Financial Crimes Enforcement Net21 work, and Bureau of the Public Debt, may be transferred

22 between such appropriations upon the advance approval of

23 the Committees on Appropriations: Provided, That no

24 transfer may increase or decrease any such appropriation

25 by more than 2 percent.
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1 SEC. 212. Not to exceed 2 percent of any appropriation

2 made available in this Act to the Internal Revenue Service

3 may be transferred to the Treasury Inspector General for

4 Tax Administration’s appropriation upon the advance ap5 proval of the Committees on Appropriations: Provided,

6 That no transfer may increase or decrease any such appro7 priation by more than 2 percent.

8 SEC. 213. Of the funds available for the purchase of

9 law enforcement vehicles, no funds may be obligated until

10 the Secretary of the Treasury certifies that the purchase by

11 the respective Treasury bureau is consistent with Depart12 mental vehicle management principles: Provided, That the

13 Secretary may delegate this authority to the Assistant Sec14 retary for Management.

15 SEC. 214. None of the funds appropriated in this Act

16 or otherwise available to the Department of the Treasury

17 or the Bureau of Engraving and Printing may be used to

18 redesign the $1 Federal Reserve note.

19 SEC. 215. The Secretary of the Treasury may transfer

20 funds from Financial Management Services, Salaries and

21 Expenses to Debt Collection Fund as necessary to cover the

22 costs of debt collection: Provided, That such amounts shall

23 be reimbursed to such salaries and expenses account from

24 debt collections received in the Debt Collection Fund.
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1 SEC. 216. Section 122(g)(1) of Public Law 105–119

2 (5 U.S.C. 3104 note), is further amended by striking ‘‘7

3 years’’ and inserting ‘‘8 years’’.

4 SEC. 217. None of the funds appropriated or otherwise

5 made available by this or any other Act may be used by

6 the United States Mint to construct or operate any museum

7 without the explicit approval of the House Committee on

8 Financial Services and the Senate Committee on Banking,

9 Housing, and Urban Affairs.

10 SEC. 218. None of the funds appropriated or otherwise

11 made available by this or any other Act or source to the

12 Department of the Treasury, the Bureau of Engraving and

13 Printing, and the United States Mint, individually or col14 lectively, may be used to consolidate any or all functions

15 of the Bureau of Engraving and Printing and the United

16 States Mint without the explicit approval of the House

17 Committee on Financial Services; the Senate Committee on

18 Banking, Housing, and Urban Affairs; the House Com19 mittee on Appropriations; and the Senate Committee on

20 Appropriations.

21 SEC. 219. Not later than 60 days after enactment of

22 this Act, the Secretary of the Treasury shall submit to the

23 Committees on Appropriations a report describing how

24 statutory provisions addressing currency manipulation by

25 America’s trading partners contained in, and relating to,
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1 title 22 U.S.C. 5304, 5305, and 286y can be better clarified

2 administratively to provide for improved and more predict3 able evaluation, and to enable the problem of currency ma4 nipulation to be better understood by the American people

5 and the Congress.

6 SEC. 220. None of the funds appropriated or otherwise

7 made available by this or any other Act or source to the

8 Secretary of the Treasury may be expended to develop,

9 study, or implement any plan to reallocate the resources

10 of, or merge the Financial Crimes Enforcement Network

11 into the Departmental Offices—Salaries and Expenses, or

12 any other office within the Department of the Treasury.

13 SEC. 221. By not later than June 30, 2006, the Inter14 nal Revenue Service, in consultation with the National

15 Taxpayer Advocate, shall report on the uses of the Debt In16 dicator tool, the debt collection offset practice, and rec17 ommendations that could reduce the amount of time re18 quired to deliver tax refunds. In addition, the report shall

19 study whether the Debt Indicator facilitates the use of re20 fund anticipation loan (RALs), evaluate alternatives to

21 RALs, and examine the feasibility of debit cards being used

22 to distribute refunds.

23 SEC. 222. APPLICATION OF ARBITRAGE BOND REGU24 LATIONS TO CERTAIN STATE REVOLVING FUNDS.
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1 Not later than 90 days after the date of the enactment

2 of this Act, the Secretary of the Treasury shall submit a

3 report to the Committees on Appropriations of the House

4 of Representatives and the Senate to provide a legal basis

5 for the application of section 1.148–1(c) of the United

6 States Treasury Regulations (regarding arbitrage bond reg7 ulations) to the reserve funds held by the Clean Water and

8 Safe Drinking Water State revolving funds which generally

9 contain replacement proceeds but not bond proceeds.

10 SEC. 223. The Internal Revenue Service shall provide

11 taxpayers with free individual tax electronic preparation

12 and filing services only through the Free File program and

13 the Internal Revenue Service’s Taxpayer Assistance Cen14 ters, Tax Counseling for the Elderly, and volunteer income

15 tax assistance programs.

16 SEC. 224. PROHIBITION ON FUNDING OF FEDERAL

17 CONTRACTS WITH EXPATRIATED ENTITIES.—(a) IN GEN18 ERAL.—None of the funds appropriated or otherwise made

19 available by this Act may be used for any Federal Govern20 ment contract with any foreign incorporated entity which

21 is treated as an inverted domestic corporation under section

22 835(b) of the Homeland Security Act of 2002 (6 U.S.C.

23 395(b)) or any subsidiary of such an entity.

24 (b) WAIVERS.—
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1 (1) IN GENERAL.—Any Secretary shall waive

2 subsection (a) with respect to any Federal Govern3 ment contract under the authority of such Secretary

4 if the Secretary determines that the waiver is required

5 in the interest of national security.

6 (2) REPORT TO CONGRESS.—Any Secretary

7 issuing a waiver under paragraph (1) shall report

8 such issuance to Congress.

9 (c) EXCEPTION.—This section shall not apply to any

10 Federal Government contract entered into before the date

11 of the enactment of this Act, or to any task order issued

12 pursuant to such contract.

13 SEC. 225. It is the sense of Congress that the Secretary

14 of the Treasury should place al-Manar, a global satellite

15 television operation, on the Specially Designated Global

16 Terrorist list.

17 This title may be cited as the ‘‘Department of the

18 Treasury Appropriations Act, 2006’’.

19 TITLE III—DEPARTMENT OF HOUSING AND

20 URBAN DEVELOPMENT

21 PUBLIC AND INDIAN HOUSING

22 TENANT-BASED RENTAL ASSISTANCE

23 (INCLUDING TRANSFERS OF FUNDS)

24 For activities and assistance for the provision of ten25 ant-based rental assistance authorized under the United

26 States Housing act of 1937, as amended (42 U.S.C. 1437
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1 et seq.) (‘‘the Act’’ herein), not otherwise provided for,

2 $15,636,064,000, to remain available until expended, of

3 which $11,436,064,000 shall be available on October 1, 2005

4 and $4,200,000,000 shall be available on October 1, 2006:

5 Provided, That the amounts made available under this

6 heading are provided as follows:

7 (1) $14,089,756,000 for renewals of expiring sec8 tion 8 tenant-based annual contributions contracts

9 (including renewals of enhanced vouchers under any

10 provision of law authorizing such assistance under

11 section 8(t) of the Act): Provided, That notwith12 standing any other provision of law, from amounts

13 provided under this paragraph, the Secretary for the

14 calendar year 2006 funding cycle shall provide re15 newal funding for each public housing agency based

16 verified voucher management system (VMS) lease and

17 cost data for the most recent 12 months for which

18 data are available, prior to prorations, and by apply19 ing the 2006 Annual Adjustment Factor as estab20 lished by the Secretary, and by making any necessary

21 adjustments for the costs associated with the first-time

22 renewal of tenant protection, HOPE VI vouchers or

23 vouchers that were not in use during the 12-month

24 period in order to be available to meet a commitment

25 pursuant to section 8(o)(13) of the Act: Provided fur-
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1 ther, That the Secretary shall, to the extent necessary

2 to stay within the amount provided under this para3 graph, pro rate each public housing agency’s alloca4 tion otherwise established pursuant to this paragraph:

5 Provided further, That the entire amount provided

6 under this paragraph shall be obligated to the public

7 housing agencies based on the allocation and pro rata

8 method described above: Provided further, That public

9 housing agencies participating in the Moving to Work

10 demonstration shall be funded pursuant to their Mov11 ing to Work agreements and shall be subject to the

12 same pro rata adjustments under the previous pro13 viso: Provided further, That up to $45,000,000 shall

14 be available only (1) to adjust the allocations for pub15 lic housing agencies, after application for an adjust16 ment by a public housing agency and verification by

17 HUD, whose allocation under this heading for con18 tract renewals for the calendar year 2005 funding

19 cycle were based on verified VSM leasing and cost

20 data averaged for the months of May, June, and July

21 of 2004 and solely because of temporarily low leasing

22 levels during the 3-month period did not accurately

23 reflect leasing levels and costs for the 2004 fiscal year

24 of the agencies, and (2) for adjustments for public

25 housing agencies that experienced a significant in-
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1 crease, as determined by the Secretary, in renewal

2 costs resulting from portability under section 8(r) of

3 the United States Housing Act of 1937 of tenant4 based rental assistance: Provided further, That none

5 of the funds provided in this paragraph may be used

6 to support a total number of unit months under lease

7 which exceeds a public housing agency’s authorized

8 level of units under contract;

9 (2) $192,000,000 for section 8 rental assistance

10 for relocation and replacement of housing units that

11 are demolished or disposed of pursuant to the Omni12 bus Consolidated Rescissions and Appropriations Act

13 of 1996 (Public Law 104–134), conversion of section

14 23 projects to assistance under section 8, the family

15 unification program under section 8(x) of the Act, re16 location of witnesses in connection with efforts to

17 combat crime in public and assisted housing pursu18 ant to a request from a law enforcement or prosecu19 tion agency, enhanced vouchers under any provision

20 of law authorizing such assistance under section 8(t)

21 of the Act, HOPE VI vouchers, mandatory and vol22 untary conversions, and tenant protection assistance

23 including replacement and relocation assistance: Pro24 vided, That no more than $12,000,000 can be used for
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1 section 8 assistance to cover the cost of judgments and

2 settlement agreements;

3 (3) $48,000,000 for family self-sufficiency coordi4 nators under section 23 of the Act;

5 (4) $5,900,000 shall be transferred to the Work6 ing Capital Fund;

7 (5) $1,295,408,000 for administrative and other

8 expenses of public housing agencies in administering

9 the section 8 tenant-based rental assistance program,

10 of which up to $10,000,000 shall be available to the

11 Secretary to allocate to public housing agencies that

12 need additional funds to administer their section 8

13 programs: Provided, That $1,271,000,000 of the

14 amount provided in this paragraph shall be allocated

15 for the calendar year 2006 funding cycle on a pro

16 rata basis to public housing agencies based on the

17 amount public housing agencies were eligible to re18 ceive in calendar year 2005: Provided further, That

19 all amounts provided under this paragraph shall be

20 only for activities related to the provision of tenant21 based rental assistance authorized under section 8 in22 cluding related development activities; and

23 (6) $5,000,000 shall be transferred to the Afford24 able Housing and Economic Development Technical

25 Assistance Board.
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1 HOUSING CERTIFICATE FUND

2 (RESCISSION)

3 Of the unobligated balances, including recaptures and

4 carryover, remaining from funds appropriated to the De5 partment of Housing and Urban Development under this

6 heading or the heading ‘‘Annual contributions for assisted

7 housing’’ for fiscal year 2005 and prior years,

8 $1,500,000,000 are rescinded, to be effected by the Secretary

9 no later than September 30, 2006: Provided, That, to the

10 extent there are not adequate funds for the rescission from

11 said unobligated balances under the headings ‘‘Housing

12 Certificate Fund’’ or ‘‘Annual Contribution for Assisted

13 Housing’’, additional funds shall first be rescinded of up

14 to 10 percent of the funding available under the heading

15 of ‘‘Salaries and Expenses’’ in title III and funding avail16 able under the heading of ‘‘Office of Management and Budg17 et’’ in title V: Provided further, That should additional

18 funds be needed once the aforementioned rescissions are ef19 fectuated to meet the requirements of this paragraph, then,

20 and only then, shall additional funds needed for the rescis21 sion be derived from any unobligated funds under any

22 heading under title III: Provided further, That any such

23 balances governed by reallocation provisions under the stat24 ute authorizing the program for which the funds were origi25 nally appropriated shall be available for the rescission: Pro26 vided further, That any obligated balances of contract au-
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1 thority from fiscal year 1974 and prior that have been ter2 minated shall be cancelled: Provided further, That no

3 amounts recaptured from amounts appropriated in prior

4 years under this heading or the heading ‘‘Annual contribu5 tions for assisted housing’’ and no carryover of such appro6 priated amounts for project-based assistance shall be avail7 able for the calendar year 2006 funding cycle for activities

8 provided for under the heading ‘‘Tenant-based rental assist9 ance’’.

10 PROJECT-BASED RENTAL ASSISTANCE

11 (INCLUDING TRANSFER OF FUNDS)

12 For activities and assistance for the provision of

13 project-based subsidy contracts under the United States

14 Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)

15 (‘‘the Act’’ herein), not otherwise provided for,

16 $5,072,100,000, to remain available until expended: Pro17 vided, That the amounts made available under this heading

18 are provided as follows:

19 (1) $4,918,100,000 for expiring or terminating

20 section 8 project-based subsidy contracts (including

21 section 8 moderate rehabilitation contracts), for

22 amendments to section 8 project-based subsidy con23 tracts (including section 8 moderate rehabilitation

24 contracts), for contracts entered into pursuant to sec25 tion 441 of the McKinney-Vento Homeless Assistance

26 Act, for renewal of section 8 contracts for units in
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1 projects that are subject to approved plans of action

2 under the Emergency Low Income Housing Preserva3 tion Act of 1987 or the Low-Income Housing Preser4 vation and Resident Homeownership Act of 1990, and

5 for administrative and other expenses associated with

6 project-based activities and assistance funded under

7 this paragraph.

8 (2) up to $147,200,000 for performance-based

9 contract administrators for section 8 project-based as10 sistance with any unused funds available to preserve

11 section 8 housing.

12 (3) $1,800,000 shall be transferred to the Work13 ing Capital Fund: Provided further, That amounts

14 recaptured under this heading, the heading, ‘‘Annual

15 Contributions for Assisted Housing’’, or the heading,

16 ‘‘Housing Certificate Fund’’, for project-based section

17 8 activities may be used for renewals of or amend18 ments to section 8 project-based subsidy contracts or

19 for performance-based contract administrators, not20 withstanding the purposes for which such amounts

21 were appropriated.

22 (4) amounts recaptured under this heading, the

23 heading ‘‘Annual Contributions for Assisted Hous24 ing’’, or the heading ‘‘Housing Certificate Fund’’ may

25 be used for renewals of or amendments to section 8
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1 project-based contracts, notwithstanding the purposes

2 for which such amounts were appropriated.

3 (5) $5,000,000 shall be transferred to the Afford4 able Housing and Economic Development Technical

5 Assistance Board.

6 PUBLIC HOUSING CAPITAL FUND

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the Public Housing Capital Fund Program to

9 carry out capital and management activities for public

10 housing agencies, as authorized under section 9 of the

11 United States Housing Act of 1937, as amended (42 U.S.C.

12 1437g) (the ‘‘Act’’) $2,327,200,000, to remain available

13 until September 30, 2009: Provided, That notwithstanding

14 any other provision of law or regulation, during fiscal year

15 2006, the Secretary may not delegate to any Department

16 official other than the Deputy Secretary and the Assistant

17 Secretary for Public and Indian Housing any authority

18 under paragraph (2) of section 9(j) regarding the extension

19 of the time periods under such section: Provided further,

20 That for purposes of such section 9(j), the term ‘‘obligate’’

21 means, with respect to amounts, that the amounts are sub22 ject to a binding agreement that will result in outlays, im23 mediately or in the future: Provided further, That of the

24 total amount provided under this heading, up to

25 $11,000,000 shall be for carrying out activities under sec26 tion 9(h) of such Act: Provided further, That $13,230,000
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1 shall be transferred to the Working Capital Fund: Provided

2 further, That no funds may be used under this heading for

3 the purposes specified in section 9(k) of the United States

4 Housing Act of 1937, as amended: Provided further, That

5 of the total amount provided under this heading, up to

6 $17,000,000 shall be available for the Secretary of Housing

7 and Urban Development to make grants, notwithstanding

8 section 205 of this Act, to public housing agencies for emer9 gency capital needs resulting from unforeseen emergencies

10 and natural disasters occurring in fiscal year 2006: Pro11 vided further, That of the total amount provided under this

12 heading, $45,000,000 shall be for supportive services, service

13 coordinators and congregate services as authorized by sec14 tion 34 of the Act and the Native American Housing Assist15 ance and Self-Determination Act of 1996: Provided further,

16 That of the total amount provided under this heading up

17 to $8,820,000 is to support the costs of administrative and

18 judicial receiverships: Provided further, That of the total

19 amount provided under this heading up to $20,000,000

20 shall be available for the demolition, relocation, and site

21 remediation of obsolete and severely distressed public hous22 ing units: Provided further, That of the total amount pro23 vided under this heading, $15,000,000 shall be for Neighbor24 hood Networks grants for activities authorized in section

25 9(d)(1)(E) of the United States Housing Act of 1937, as
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1 amended, of which up to $1,000,000 may be used for tech2 nical assistance in connection with such grants as author3 ized in section 9(h)(8) of such Act: Provided further, That

4 notwithstanding any other provision of law, amounts made

5 available in the previous proviso shall be awarded to public

6 housing agencies on a competitive basis: Provided further,

7 That notwithstanding section 9(d)(1)(E) of the United

8 States Housing Act of 1937, any Neighborhood Networks

9 computer center established with funding made available

10 under this heading in this or any other Act, shall be avail11 able for use by residents of public housing and residents

12 of other housing assisted with funding made available under

13 this title in this Act or any other Act.

14 PUBLIC HOUSING OPERATING FUND

15 (INCLUDES TRANSFER OF FUNDS)

16 For 2006 payments to public housing agencies for the

17 operation and management of public housing, as authorized

18 by section 9(e) of the United States Housing Act of 1937,

19 as amended (42 U.S.C. 1437g(e)), $3,557,300,000: Pro20 vided, That for fiscal year 2006 and all fiscal years there21 after, the Secretary shall provide assistance under this

22 heading to public housing agencies on a calendar year

23 basis: Provided further, That, in fiscal year 2006 and all

24 fiscal years hereafter, no amounts under this heading in

25 any appropriations Act may be used for payments to public

26 housing agencies for the costs of operation and management
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1 of public housing for any year prior to the current year

2 of such Act: Provided further, That no funds may be used

3 under this heading for the purposes specified in section 9(k)

4 of the United States Housing Act of 1937, as amended: Pro5 vided further, That of the total amount provided under this

6 heading $5,000,000 shall be transferred to the Affordable

7 Housing and Economic Development Technical Assistance

8 Board.

9 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

10 HOUSING (HOPE VI)

11 For grants to public housing agencies for demolition,

12 site revitalization, replacement housing, and tenant-based

13 assistance grants to projects as authorized by section 24 of

14 the United States Housing Act of 1937, as amended,

15 $150,000,000, to remain available until September 30,

16 2007, of which the Secretary may use up to $4,000,000 for

17 technical assistance and contract expertise, to be provided

18 directly or indirectly by grants, contracts or cooperative

19 agreements, including training and cost of necessary travel

20 for participants in such training, by or to officials and em21 ployees of the department and of public housing agencies

22 and to residents: Provided, That none of such funds shall

23 be used directly or indirectly by granting competitive ad24 vantage in awards to settle litigation or pay judgments, un25 less expressly permitted herein.
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1 NATIVE AMERICAN HOUSING BLOCK GRANTS

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the Native American Housing Block Grants pro4 gram, as authorized under title I of the Native American

5 Housing Assistance and Self-Determination Act of 1996

6 (NAHASDA) (25 U.S.C. 4111 et seq.), $622,000,000, to re7 main available until expended, of which $2,200,000 shall

8 be contracted through the Secretary as technical assistance

9 and capacity building to be used by the National American

10 Indian Housing Council in support of the implementation

11 of NAHASDA; of which $4,500,000 shall be to support the

12 inspection of Indian housing units, contract expertise,

13 training, and technical assistance in the training, over14 sight, and management of Indian housing and tenant-based

15 assistance, including up to $300,000 for related travel; and

16 of which $2,600,000 shall be transferred to the Working

17 Capital Fund: Provided, That of the amount provided

18 under this heading, $2,000,000 shall be made available for

19 the cost of guaranteed notes and other obligations, as au20 thorized by title VI of NAHASDA: Provided further, That

21 such costs, including the costs of modifying such notes and

22 other obligations, shall be as defined in section 502 of the

23 Congressional Budget Act of 1974, as amended: Provided

24 further, That these funds are available to subsidize the total

25 principal amount of any notes and other obligations, any

26 part of which is to be guaranteed, not to exceed $17,926,000:
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1 Provided further, That for administrative expenses to carry

2 out the guaranteed loan program, up to $150,000 from

3 amounts in the first proviso, which shall be transferred to

4 and merged with the appropriation for ‘‘Salaries and Ex5 penses’’, to be used only for the administrative costs of these

6 guarantees: Provided further, That of the total amount pro7 vided under this heading $5,000,000 shall be transferred to

8 the Affordable Housing and Economic Development Tech9 nical Assistance Board.

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of guaranteed loans, as authorized by sec14 tion 184 of the Housing and Community Development Act

15 of 1992 (12 U.S.C. 1715z–13a), $5,000,000, to remain

16 available until expended: Provided, That such costs, includ17 ing the costs of modifying such loans, shall be as defined

18 in section 502 of the Congressional Budget Act of 1974, as

19 amended: Provided further, That these funds are available

20 to subsidize total loan principal, any part of which is to

21 be guaranteed, not to exceed $145,345,000.

22 In addition, for administrative expenses to carry out

23 the guaranteed loan program, up to $250,000 from amounts

24 in the first paragraph shall be transferred to and merged

25 with the appropriation for ‘‘Salaries and Expenses’’, to be

26 used only for the administrative costs of these guarantees.
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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of guaranteed loans, as authorized by sec5 tion 184A of the Housing and Community Development Act

6 of 1992 (12 U.S.C. 1715z–13b), $1,000,000, to remain

7 available until expended: Provided, That such costs, includ8 ing the costs of modifying such loans, shall be as defined

9 in section 502 of the Congressional Budget Act of 1974, as

10 amended: Provided further, That these funds are available

11 to subsidize total loan principal, any part of which is to

12 be guaranteed, not to exceed $37,403,000.

13 In addition, for administrative expenses to carry out

14 the guaranteed loan program, up to $35,000 from amounts

15 in the first paragraph shall be transferred to and merged

16 with the appropriation for ‘‘Salaries and Expenses’’, to be

17 used only for the administrative costs of these guarantees.

18 COMMUNITY PLANNING AND DEVELOPMENT

19 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

20 For carrying out the Housing Opportunities for Per21 sons with AIDS program, as authorized by the AIDS Hous22 ing Opportunity Act (42 U.S.C. 12901 et seq.),

23 $287,000,000, to remain available until September 30,

24 2007, except that amounts allocated pursuant to section

25 854(c)(3) of such Act shall remain available until Sep26 tember 30, 2008: Provided, That the Secretary shall renew
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1 all expiring contracts for permanent supportive housing

2 that were funded under section 854(c)(3) of such Act that

3 meet all program requirements before awarding funds for

4 new contracts and activities authorized under this section:

5 Provided further, That the Secretary may use up to

6 $2,200,000 of the funds under this heading for training,

7 oversight, and technical assistance activities.

8 RURAL HOUSING AND ECONOMIC DEVELOPMENT

9 For the Office of Rural Housing and Economic Devel10 opment in the Department of Housing and Urban Develop11 ment, $24,000,000 to remain available until expended,

12 which amount shall be competitively awarded by September

13 1, 2006, to Indian tribes, State housing finance agencies,

14 State community and/or economic development agencies,

15 local rural nonprofits and community development cor16 porations to support innovative housing and economic de17 velopment activities in rural areas.

18 COMMUNITY DEVELOPMENT FUND

19 (INCLUDING TRANSFERS OF FUNDS)

20 For assistance to units of State and local government,

21 and to other entities, for economic and community develop22 ment activities, and for other purposes, $4,323,610,000, to

23 remain available until September 30, 2008, unless otherwise

24 specified: Provided, That of the amount provided,

25 $3,767,410,000 is for carrying out the community develop26 ment block grant program under title I of the Housing and
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1 Community Development Act of 1974, as amended (the

2 ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further,

3 That unless explicitly provided for under this heading (ex4 cept for planning grants provided in the third paragraph

5 and amounts made available in the second paragraph), not

6 to exceed 20 percent of any grant made with funds appro7 priated under this heading (other than a grant made avail8 able in this paragraph to the Housing Assistance Council

9 or the National American Indian Housing Council, or a

10 grant using funds under section 107(b)(3) of the Act) shall

11 be expended for planning and management development

12 and administration: Provided further, That $69,000,000

13 shall be for grants to Indian tribes notwithstanding section

14 106(a)(1) of such Act, of which, notwithstanding any other

15 provision of law (including section 205 of this Act), up to

16 $4,000,000 may be used for emergencies that constitute im17 minent threats to health and safety; $4,200,000 shall be for

18 a grant to the National Council of La Raza; $3,000,000

19 shall be for a grant to the Housing Assistance Council;

20 $2,000,000 shall be for a grant to the National American

21 Indian Housing Council; $32,400,000 shall be for grants

22 pursuant to section 107 of the Act, of which $8,800,000 shall

23 be for the Native Hawaiian block grant authorized under

24 title VIII of the Native American Housing Assistance and

25 Self-Determination Act of 1996, to remain available until
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1 expended, of which $500,000 shall be for training and tech2 nical assistance; $3,000,000 shall be transferred to the

3 Working Capital Fund; $15,000,000 shall be for grants pur4 suant to the Self Help Homeownership Opportunity Pro5 gram; $30,000,000 shall be for Capacity Building for Com6 munity Development and Affordable Housing for LISC and

7 the Enterprise Foundation for activities as authorized by

8 section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.

9 9816 note), as in effect immediately before June 12, 1997,

10 with not less than $5,000,000 of the funding to be used in

11 rural areas, including tribal areas, and of which $5,000,000

12 shall be for capacity building activities administered by

13 Habitat for Humanity International; $55,000,000 shall be

14 available for YouthBuild program activities authorized by

15 subtitle D of title IV of the Cranston-Gonzalez National Af16 fordable Housing Act, as amended, and such activities shall

17 be an eligible activity with respect to any funds made avail18 able under this heading: Provided, That local YouthBuild

19 programs that demonstrate an ability to leverage private

20 and nonprofit funding shall be given a priority for

21 YouthBuild funding: Provided further, That no more than

22 8 percent of any grant award under the YouthBuild pro23 gram may be used for administrative costs: Provided fur24 ther, That of the amount made available for YouthBuild

25 not less than $4,000,000 is for grants to establish
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1 YouthBuild programs in underserved and rural areas and

2 $1,000,000 is to be made available for a grant to

3 YouthBuild USA for capacity building for community de4 velopment and affordable housing activities as specified in

5 section 4 of the HUD Demonstration Act of 1993, as

6 amended: Provided further, That $10,000,000 shall be

7 transferred to the Affordable Housing and Economic Devel8 opment Technical Assistance Board.

9 Of the amount made available under this heading,

10 $290,000,000 shall be available for grants for the Economic

11 Development Initiative (EDI) to finance a variety of tar12 geted economic investments in accordance with the terms

13 and conditions specified in the statement of managers ac14 companying this Act: Provided, That none of the funds pro15 vided under this paragraph may be used for program oper16 ations.

17 Of the amount made available under this heading,

18 $40,000,000 shall be available for neighborhood initiatives

19 that are utilized to improve the conditions of distressed and

20 blighted areas and neighborhoods, to stimulate investment,

21 economic diversification, and community revitalization in

22 areas with population outmigration or a stagnating or de23 clining economic base, or to determine whether housing ben24 efits can be integrated more effectively with welfare reform

25 initiatives: Provided, That amounts made available under
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1 this paragraph shall be provided in accordance with the

2 terms and conditions specified in the statement of managers

3 accompanying this Act.

4 The referenced statement of the managers under the

5 heading ‘‘Community Development Fund’’ in title II of di6 vision G of Public Law 108–199 is deemed to be amended

7 with respect to item #181 striking ‘‘Volusia County’’ and

8 inserting ‘‘Lively Arts Center in Volusia County’’.

9 The referenced statement of the managers under the

10 heading ‘‘Community Development Fund’’ in title II of di11 vision G of Public Law 108–199 is deemed to be amended

12 with respect to item number 216 by striking ‘‘for construc13 tion’’ and inserting ‘‘for planning, design, and engineer14 ing’’.

15 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the cost of guaranteed loans, $6,000,000, to remain

19 available until September 30, 2007, as authorized by section

20 108 of the Housing and Community Development Act of

21 1974, as amended: Provided, That such costs, including the

22 cost of modifying such loans, shall be as defined in section

23 502 of the Congressional Budget Act of 1974, as amended:

24 Provided further, That these funds are available to subsidize

25 total loan principal, any part of which is to be guaranteed,

26 not to exceed $275,000,000, notwithstanding any aggregate
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1 limitation on outstanding obligations guaranteed in section

2 108(k) of the Housing and Community Development Act

3 of 1974, as amended.

4 In addition, for administrative expenses to carry out

5 the guaranteed loan program, $1,000,000 shall be trans6 ferred to and merged with the appropriation for ‘‘Salaries

7 and expenses’’.

8 BROWNFIELDS REDEVELOPMENT

9 For competitive economic development grants, as au10 thorized by section 108(q) of the Housing and Community

11 Development Act of 1974, as amended, for Brownfields rede12 velopment projects, $15,000,000, to remain available until

13 September 30, 2007.

14 HOME INVESTMENT PARTNERSHIPS PROGRAM

15 (INCLUDING TRANSFERS OF FUNDS)

16 For the HOME investment partnerships program, as

17 authorized under title II of the Cranston-Gonzalez National

18 Affordable Housing Act, as amended, $1,850,000,000, to re19 main available until September 30, 2008: Provided, That

20 of the total amount provided in this paragraph, up to

21 $42,000,000 shall be available for housing counseling under

22 section 106 of the Housing and Urban Development Act of

23 1968, and $2,000,000 shall be transferred to the Working

24 Capital Fund: Provided further, That $5,000,000 shall be

25 transferred to the Affordable Housing and Economic Devel26 opment Technical Assistance Board.
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1 In addition to amounts otherwise made available

2 under this heading, $50,000,000, to remain available until

3 September 30, 2008, for assistance to homebuyers as author4 ized under title I of the American Dream Downpayment

5 Act.

6 HOMELESS ASSISTANCE GRANTS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the emergency shelter grants program as author9 ized under subtitle B of title IV of the McKinney-Vento

10 Homeless Assistance Act, as amended; the supportive hous11 ing program as authorized under subtitle C of title IV of

12 such Act; the section 8 moderate rehabilitation single room

13 occupancy program as authorized under the United States

14 Housing Act of 1937, as amended, to assist homeless indi15 viduals pursuant to section 441 of the McKinney-Vento

16 Homeless Assistance Act; and the shelter plus care program

17 as authorized under subtitle F of title IV of such Act,

18 $1,415,000,000, of which $1,395,000,000 shall remain

19 available until September 30, 2008, and of which

20 $20,000,000 shall remain available until expended: Pro21 vided, That not less than 30 percent of funds made avail22 able, excluding amounts provided for renewals under the

23 shelter plus care program, shall be used for permanent hous24 ing: Provided further, That all funds awarded for services

25 shall be matched by 25 percent in funding by each grantee:

26 Provided further, That the Secretary shall renew on an an-
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1 nual basis expiring contracts or amendments to contracts

2 funded under the shelter plus care program if the program

3 is determined to be needed under the applicable continuum

4 of care and meets appropriate program requirements and

5 financial standards, as determined by the Secretary: Pro6 vided further, That all awards of assistance under this

7 heading shall be required to coordinate and integrate home8 less programs with other mainstream health, social services,

9 and employment programs for which homeless populations

10 may be eligible, including Medicaid, State Children’s

11 Health Insurance Program, Temporary Assistance for

12 Needy Families, Food Stamps, and services funding

13 through the Mental Health and Substance Abuse Block

14 Grant, Workforce Investment Act, and the Welfare-to-Work

15 grant program: Provided further, That up to $11,674,000

16 of the total amount provided under this heading shall be

17 available for the national homeless data analysis project

18 and technical assistance: Provided further, That $1,000,000

19 of the total amount provided under this heading shall be

20 transferred to the Working Capital Fund: Provided further,

21 That $5,000,000 of the total amount provided under this

22 heading shall be transferred to the Affordable Housing and

23 Economic Development Technical Assistance Board: Pro24 vided further, That all balances for Shelter Plus Care re25 newals previously funded from the Shelter Plus Care Re-
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1 newal account and transferred to this account shall be

2 available, if recaptured, for Shelter Plus Care renewals in

3 fiscal year 2006.

4 HOUSING PROGRAMS

5 HOUSING FOR THE ELDERLY

6 (INCLUDING TRANSFERS OF FUNDS)

7 For capital advances, including amendments to cap8 ital advance contracts, for housing for the elderly, as au9 thorized by section 202 of the Housing Act of 1959, as

10 amended, and for project rental assistance for the elderly

11 under section 202(c)(2) of such Act, including amendments

12 to contracts for such assistance and renewal of expiring con13 tracts for such assistance for up to a 1-year term, and for

14 supportive services associated with the housing,

15 $742,000,000, to remain available until September 30,

16 2009, of which amount $53,000,000 shall be for service coor17 dinators and the continuation of existing congregate service

18 grants for residents of assisted housing projects, and of

19 which amount up to $30,000,000 shall be for grants under

20 section 202b of the Housing Act of 1959 (12 U.S.C. 1701q–

21 2) for conversion of eligible projects under such section to

22 assisted living or related use and for emergency capital re23 pairs as determined by the Secretary: Provided, That of the

24 amount made available under this heading, $10,000,000

25 shall be made available to carry out section 203 of Public

26 Law 108–186: Provided further, That of the amount made
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1 available under this heading, $20,000,000 shall be available

2 to the Secretary of Housing and Urban Development only

3 for making competitive grants to private nonprofit organi4 zations and consumer cooperatives for covering costs of ar5 chitectural and engineering work, site control, and other

6 planning relating to the development of supportive housing

7 for the elderly that is eligible for assistance under section

8 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided

9 further, That amounts under this heading shall be available

10 for Real Estate Assessment Center inspections and inspec11 tion-related activities associated with section 202 capital

12 advance projects: Provided further, That $450,000 of the

13 total amount made available under this heading shall be

14 transferred to the Working Capital Fund: Provided further,

15 That the Secretary may waive the provisions of section 202

16 governing the terms and conditions of project rental assist17 ance, except that the initial contract term for such assist18 ance shall not exceed 5 years in duration: Provided further,

19 That $2,500,000 of the total amount made available under

20 this heading shall be transferred to the Affordable Housing

21 and Economic Development Technical Assistance Board.

22 HOUSING FOR PERSONS WITH DISABILITIES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For capital advance contracts, including amendments

25 to capital advance contracts, for supportive housing for per26 sons with disabilities, as authorized by section 811 of the
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1 Cranston-Gonzalez National Affordable Housing Act, for

2 project rental assistance for supportive housing for persons

3 with disabilities under section 811(d)(2) of such Act, in4 cluding amendments to contracts for such assistance and

5 renewal of expiring contracts for such assistance for up to

6 a 1-year term, and for supportive services associated with

7 the housing for persons with disabilities as authorized by

8 section 811(b)(1) of such Act, $240,000,000: Provided, That

9 $450,000 shall be transferred to the Working Capital Fund:

10 Provided further, That renewal of tenant-based assistance

11 contracts shall be renewed from funding made available

12 under the heading Tenant-Based Rental Assistance: Pro13 vided further, That of the amount provided under this head14 ing, the Secretary may make available up to $5,000,000

15 for incremental tenant-based rental assistance, as author16 ized by section 811 of such Act (which assistance is 5 years

17 in duration): Provided further, That all tenant-based assist18 ance made available under this heading shall continue to

19 remain available only to persons with disabilities: Provided

20 further, That the Secretary may waive the provisions of sec21 tion 811 governing the terms and conditions of project rent22 al assistance and tenant-based assistance, except that the

23 initial contract term for such assistance shall not exceed

24 5 years in duration: Provided further, That amounts made

25 available under this heading shall be available for Real Es-
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1 tate Assessment Center Inspections and inspection-related

2 activities associated with Section 811 Capital Advance

3 Projects: Provided further, That $2,500,000 of the total

4 amount provided under this heading shall be transferred

5 to the Affordable Housing and Economic Development

6 Technical Assistance Board.

7 AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT

8 TECHNICAL ASSISTANCE BOARD

9 (TRANSFER OF FUNDS)

10 To carry out a technical assistance program to assist

11 local nonprofits that participate in programs administered

12 by the Department of Housing and Urban Development,

13 $45,000,000 of funds transferred from within this title: Pro14 vided, That these funds shall be made available to a board

15 made up of national nonprofits consisting of LISC, the En16 terprise Foundation, and the Centre for Management and

17 Technology: Provided further, That the board shall be as18 sisted by an advisory board consisting of nonprofits with

19 diverse knowledge and expertise with regard to affordable

20 housing and economic development: Provided further, That

21 these funds shall be used by this board to assist local non22 profits in preserving and expanding the stock of low-income

23 housing and in developing economic development activities

24 in accordance with the requirements of programs adminis25 tered by the Department of Housing and Urban Develop-
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1 ment: Provided further, That direct administrative costs

2 shall not exceed 10 percent of the total appropriation.

3 OTHER ASSISTED HOUSING PROGRAMS

4 RENTAL HOUSING ASSISTANCE

5 For amendments to contracts under section 101 of the

6 Housing and Urban Development Act of 1965 (12 U.S.C.

7 1701s) and section 236(f)(2) of the National Housing Act

8 (12 U.S.C. 1715z–1) in State-aided, non-insured rental

9 housing projects, $26,400,000, to remain available until ex10 pended.

11 FLEXIBLE SUBSIDY FUND

12 (TRANSFER OF FUNDS)

13 From the Rental Housing Assistance Fund, all uncom14 mitted balances of excess rental charges as of September 30,

15 2005, and any collections made during fiscal year 2006 and

16 all subsequent fiscal years, shall be transferred to the Flexi17 ble Subsidy Fund, as authorized by section 236(g) of the

18 National Housing Act, as amended.

19 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

20 For necessary expenses as authorized by the National

21 Manufactured Housing Construction and Safety Standards

22 Act of 1974, as amended (42 U.S.C. 5401 et seq.), up to

23 $13,000,000 to remain available until expended, to be de24 rived from the Manufactured Housing Fees Trust Fund:

25 Provided, That not to exceed the total amount appropriated

26 under this heading shall be available from the general fund
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1 of the Treasury to the extent necessary to incur obligations

2 and make expenditures pending the receipt of collections to

3 the Fund pursuant to section 620 of such Act: Provided fur4 ther, That the amount made available under this heading

5 from the general fund shall be reduced as such collections

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

7 final fiscal year 2006 appropriation from the general fund

8 estimated at not more than $0 and fees pursuant to such

9 section 620 shall be modified as necessary to ensure such

10 a final fiscal year 2006 appropriation.

11 FEDERAL HOUSING ADMINISTRATION

12 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 During fiscal year 2006, commitments to guarantee

15 loans to carry out the purposes of section 203(b) of the Na16 tional Housing Act, as amended, shall not exceed a loan

17 principal of $185,000,000,000.

18 During fiscal year 2006, obligations to make direct

19 loans to carry out the purposes of section 204(g) of the Na20 tional Housing Act, as amended, shall not exceed

21 $50,000,000: Provided, That the foregoing amount shall be

22 for loans to nonprofit and governmental entities in connec23 tion with sales of single family real properties owned by

24 the Secretary and formerly insured under the Mutual Mort25 gage Insurance Fund.
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1 For administrative expenses necessary to carry out the

2 guaranteed and direct loan program, $355,000,000, of

3 which not to exceed $351,000,000 shall be transferred to the

4 appropriation for ‘‘Salaries and expenses’’; and not to ex5 ceed $4,000,000 shall be transferred to the appropriation

6 for ‘‘Office of Inspector General’’. In addition, for adminis7 trative contract expenses, $62,600,000, of which

8 $18,281,000 shall be transferred to the Working Capital

9 Fund: Provided, That to the extent guaranteed loan com10 mitments exceed $65,500,000,000 on or before April 1, 2006,

11 an additional $1,400 for administrative contract expenses

12 shall be available for each $1,000,000 in additional guaran13 teed loan commitments (including a pro rata amount for

14 any amount below $1,000,000), but in no case shall funds

15 made available by this proviso exceed $30,000,000.

16 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For the cost of guaranteed loans, as authorized by sec19 tions 238 and 519 of the National Housing Act (12 U.S.C.

20 1715z–3 and 1735c), including the cost of loan guarantee

21 modifications, as that term is defined in section 502 of the

22 Congressional Budget Act of 1974, as amended, $8,800,000,

23 to remain available until expended: Provided, That com24 mitments to guarantee loans shall not exceed

25 $35,000,000,000 in total loan principal, any part of which

26 is to be guaranteed.
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1 Gross obligations for the principal amount of direct

2 loans, as authorized by sections 204(g), 207(l), 238, and

3 519(a) of the National Housing Act, shall not exceed

4 $50,000,000, of which not to exceed $30,000,000 shall be for

5 bridge financing in connection with the sale of multifamily

6 real properties owned by the Secretary and formerly in7 sured under such Act; and of which not to exceed

8 $20,000,000 shall be for loans to nonprofit and govern9 mental entities in connection with the sale of single-family

10 real properties owned by the Secretary and formerly in11 sured under such Act.

12 In addition, for administrative expenses necessary to

13 carry out the guaranteed and direct loan programs,

14 $231,400,000, of which $211,400,000 shall be transferred to

15 the appropriation for ‘‘Salaries and Expenses’’; and of

16 which $20,000,000 shall be transferred to the appropriation

17 for ‘‘Office of Inspector General’’.

18 In addition, for administrative contract expenses nec19 essary to carry out the guaranteed and direct loan pro20 grams, $71,900,000, of which $10,800,000 shall be trans21 ferred to the Working Capital Fund: Provided, That to the

22 extent guaranteed loan commitments exceed $8,426,000,000

23 on or before April 1, 2006, an additional $1,980 for admin24 istrative contract expenses shall be available for each

25 $1,000,000 in additional guaranteed loan commitments
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1 over $8,426,000,000 (including a pro rata amount for any

2 increment below $1,000,000), but in no case shall funds

3 made available by this proviso exceed $14,400,000.

4 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

5 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

6 GUARANTEE PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 New commitments to issue guarantees to carry out the

9 purposes of section 306 of the National Housing Act, as

10 amended (12 U.S.C. 1721(g)), shall not exceed

11 $200,000,000,000, to remain available until September 30,

12 2007.

13 For administrative expenses necessary to carry out the

14 guaranteed mortgage-backed securities program,

15 $11,360,000, to be derived from the GNMA guarantees of

16 mortgage-backed securities guaranteed loan receipt account,

17 of which not to exceed $11,360,000, shall be transferred to

18 the appropriation for ‘‘Salaries and expenses’’.

19 POLICY DEVELOPMENT AND RESEARCH

20 RESEARCH AND TECHNOLOGY

21 For contracts, grants, and necessary expenses of pro22 grams of research and studies relating to housing and

23 urban problems, not otherwise provided for, as authorized

24 by title V of the Housing and Urban Development Act of

25 1970, as amended (12 U.S.C. 1701z–1 et seq.), including

26 carrying out the functions of the Secretary under section
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1 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

2 $48,000,000, to remain available until September 30, 2007:

3 Provided, That of the total amount provided under this

4 heading, $5,000,000 shall be for the Partnership for Ad5 vancing Technology in Housing (PATH) Initiative: Pro6 vided further, That of the amounts made available for

7 PATH under this heading, $2,500,000 shall not be subject

8 to the requirements of section 305 of this title.

9 FAIR HOUSING AND EQUAL OPPORTUNITY

10 FAIR HOUSING ACTIVITIES

11 For contracts, grants, and other assistance, not other12 wise provided for, as authorized by title VIII of the Civil

13 Rights Act of 1968, as amended by the Fair Housing

14 Amendments Act of 1988, and section 561 of the Housing

15 and Community Development Act of 1987, as amended,

16 $46,000,000, to remain available until September 30, 2007,

17 of which $20,000,000 shall be to carry out activities pursu18 ant to such section 561: Provided, That no funds made

19 available under this heading shall be used to lobby the exec20 utive or legislative branches of the Federal Government in

21 connection with a specific contract, grant or loan.

22 OFFICE OF LEAD HAZARD CONTROL

23 LEAD HAZARD REDUCTION

24 For the Lead Hazard Reduction Program, as author25 ized by section 1011 of the Residential Lead-Based Paint
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1 Hazard Reduction Act of 1992, $167,000,000, to remain

2 available until September 30, 2007, of which $9,900,000

3 shall be for the Healthy Homes Initiative, pursuant to sec4 tions 501 and 502 of the Housing and Urban Development

5 Act of 1970 that shall include research, studies, testing, and

6 demonstration efforts, including education and outreach

7 concerning lead-based paint poisoning and other housing8 related diseases and hazards: Provided, That for purposes

9 of environmental review, pursuant to the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

11 other provisions of law that further the purposes of such

12 Act, a grant under the Healthy Homes Initiative, Oper13 ation Lead Elimination Action Plan (LEAP), or the Lead

14 Technical Studies program under this heading or under

15 prior appropriations Acts for such purposes under this

16 heading, shall be considered to be funds for a special project

17 for purposes of section 305(c) of the Multifamily Housing

18 Property Disposition Reform Act of 1994: Provided further,

19 That of the total amount made available under this head20 ing, $48,000,000 shall be made available on a competitive

21 basis for areas with the highest lead paint abatement needs,

22 as identified by the Secretary as having: (1) the highest

23 number of occupied pre-1940 units of rental housing; and

24 (2) a disproportionately high number of documented cases

25 of lead-poisoned children: Provided further, That each
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1 grantee receiving funds under the previous proviso shall

2 target those privately owned units and multifamily build3 ings that are occupied by low-income families as defined

4 under section 3(b)(2) of the United States Housing Act of

5 1937: Provided further, That not less than 90 percent of

6 the funds made available under this paragraph shall be used

7 exclusively for abatement, inspections, risk assessments,

8 temporary relocations and interim control of lead-based

9 hazards as defined by 42 U.S.C. 4851: Provided further,

10 That each recipient of funds provided under the first pro11 viso shall make a matching contribution in an amount not

12 less than 25 percent: Provided further, That each applicant

13 shall submit a detailed plan and strategy that demonstrates

14 adequate capacity that is acceptable to the Secretary to

15 carry out the proposed use of funds pursuant to a Notice

16 of Funding Availability.

17 MANAGEMENT AND ADMINISTRATION

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary administrative and non-administrative

21 expenses of the Department of Housing and Urban Develop22 ment, not otherwise provided for, including purchase of uni23 forms, or allowances therefor, as authorized by 5 U.S.C.

24 5901–5902; hire of passenger motor vehicles; services as au25 thorized by 5 U.S.C. 3109; and not to exceed $25,000 for

26 official reception and representation expenses,
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1 $1,145,195,000, of which $562,400,000 shall be provided

2 from the various funds of the Federal Housing Administra3 tion, $11,360,000 shall be provided from funds of the Gov4 ernment National Mortgage Association, $1,000,000 shall be

5 from the Community Development Loan Guarantee pro6 gram, $150,000 shall be provided by transfer from the ‘‘Na7 tive American housing block grants’’ account, $250,000

8 shall be provided by transfer from the ‘‘Indian housing loan

9 guarantee fund program’’ account and $35,000 shall be

10 transferred from the ‘‘Native Hawaiian housing loan guar11 antee fund’’ account: Provided, That funds made available

12 under this heading shall only be allocated in the manner

13 specified in the report accompanying this Act unless the

14 Committees on Appropriations of both the House of Rep15 resentatives and the Senate are notified of any changes in

16 an operating plan or reprogramming: Provided further,

17 That no official or employee of the Department shall be des18 ignated as an allotment holder unless the Office of the Chief

19 Financial Officer (OCFO) has determined that such allot20 ment holder has implemented an adequate system of funds

21 control and has received training in funds control proce22 dures and directives: Provided further, That the Chief Fi23 nancial Officer shall establish positive control of and main24 tain adequate systems of accounting for appropriations and

25 other available funds as required by 31 U.S.C. 1514: Pro-
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1 vided further, That for purposes of funds control and deter2 mining whether a violation exists under the Anti-Deficiency

3 Act (31 U.S.C. 1341 et seq.), the point of obligation shall

4 be the executed agreement or contract, except with respect

5 to insurance and guarantee programs, certain types of sala6 ries and expenses funding, and incremental funding that

7 is authorized under an executed agreement or contract, and

8 shall be designated in the approved funds control plan: Pro9 vided further, That the Chief Financial Officer shall: (1)

10 appoint qualified personnel to conduct investigations of po11 tential or actual violations; (2) establish minimum training

12 requirements and other qualifications for personnel that

13 may be appointed to conduct investigations; (3) establish

14 guidelines and timeframes for the conduct and completion

15 of investigations; (4) prescribe the content, format and other

16 requirements for the submission of final reports on viola17 tions; and (5) prescribe such additional policies and proce18 dures as may be required for conducting investigations of,

19 and administering, processing, and reporting on, potential

20 and actual violations of the Anti-Deficiency Act and all

21 other statutes and regulations governing the obligation and

22 expenditure of funds made available in this or any other

23 Act: Provided further, That $20,000,000 may be transferred

24 to the Working Capital Fund: Provided further, That the

25 Secretary shall fill 7 out of 10 vacancies at the GS–14 and
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1 GS–15 levels until the total number of GS–14 and GS–15

2 positions in the Department has been reduced from the

3 number of GS–14 and GS–15 positions on the date of enactment of Public Law 106–377 by 21 4 ⁄2 percent.

5 WORKING CAPITAL FUND

6 For additional capital for the Working Capital Fund

7 (42 U.S.C. 3535) for the development of, modifications to,

8 and infrastructure for Department-wide information tech9 nology systems, for the continuing operation of both Depart10 ment-wide and program-specific information systems, and

11 for program-related development activities, $265,000,000, to

12 remain available until September 30, 2007: Provided, That

13 any amounts transferred to this Fund under this Act shall

14 remain available until expended: Provided further, That

15 any amounts transferred to this Fund from amounts appro16 priated by previously enacted appropriations Acts or from

17 within this Act may be used only for the purposes specified

18 under this Fund, in addition to the purposes for which such

19 amounts were appropriated.

20 OFFICE OF INSPECTOR GENERAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Inspector Gen23 eral in carrying out the Inspector General Act of 1978, as

24 amended, $106,000,000, of which $24,000,000 shall be pro25 vided from the various funds of the Federal Housing Ad26 ministration: Provided, That the Inspector General shall
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1 have independent authority over all personnel issues within

2 this office.

3 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the Federal Housing Enterprises Fi7 nancial Safety and Soundness Act of 1992, including not

8 to exceed $500 for official reception and representation ex9 penses, $60,000,000, to remain available until expended, to

10 be derived from the Federal Housing Enterprises Oversight

11 Fund: Provided, That not to exceed the amount provided

12 herein shall be available from the general fund of the Treas13 ury to the extent necessary to incur obligations and make

14 expenditures pending the receipt of collections to the Fund:

15 Provided further, That the general fund amount shall be

16 reduced as collections are received during the fiscal year

17 so as to result in a final appropriation from the general

18 fund estimated at not more than $0.

19 ADMINISTRATIVE PROVISIONS

20 SEC. 300. Fifty percent of the amounts of budget au21 thority, or in lieu thereof 50 percent of the cash amounts

22 associated with such budget authority, that are recaptured

23 from projects described in section 1012(a) of the Stewart

24 B. McKinney Homeless Assistance Amendments Act of 1988

25 (42 U.S.C. 1437 note) shall be rescinded, or in the case of

26 cash, shall be remitted to the Treasury, and such amounts
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1 of budget authority or cash recaptured and not rescinded

2 or remitted to the Treasury shall be used by State housing

3 finance agencies or local governments or local housing agen4 cies with projects approved by the Secretary of Housing and

5 Urban Development for which settlement occurred after

6 January 1, 1992, in accordance with such section. Notwith7 standing the previous sentence, the Secretary may award

8 up to 15 percent of the budget authority or cash recaptured

9 and not rescinded or remitted to the Treasury to provide

10 project owners with incentives to refinance their project at

11 a lower interest rate.

12 SEC. 301. None of the amounts made available under

13 this Act may be used during fiscal year 2006 to investigate

14 or prosecute under the Fair Housing Act any otherwise law15 ful activity engaged in by one or more persons, including

16 the filing or maintaining of a non-frivolous legal action,

17 that is engaged in solely for the purpose of achieving or

18 preventing action by a Government official or entity, or a

19 court of competent jurisdiction.

20 SEC. 302. (a) Notwithstanding section 854(c)(1)(A) of

21 the AIDS Housing Opportunity Act (42 U.S.C.

22 12903(c)(1)(A)), from any amounts made available under

23 this title for fiscal year 2006 that are allocated under such

24 section, the Secretary of Housing and Urban Development
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1 shall allocate and make a grant, in the amount determined

2 under subsection (b), for any State that—

3 (1) received an allocation in a prior fiscal year

4 under clause (ii) of such section; and

5 (2) is not otherwise eligible for an allocation for

6 fiscal year 2006 under such clause (ii) because the

7 areas in the State outside of the metropolitan statis8 tical areas that qualify under clause (i) in fiscal year

9 2006 do not have the number of cases of acquired im10 munodeficiency syndrome (AIDS) required under

11 such clause.

12 (b) The amount of the allocation and grant for any

13 State described in subsection (a) shall be an amount based

14 on the cumulative number of AIDS cases in the areas of

15 that State that are outside of metropolitan statistical areas

16 that qualify under clause (i) of such section 854(c)(1)(A)

17 in fiscal year 2006, in proportion to AIDS cases among

18 cities and States that qualify under clauses (i) and (ii) of

19 such section and States deemed eligible under subsection

20 (a).

21 (c) Notwithstanding any other provision of law, the

22 amount allocated for fiscal year 2006 under section 854(c)

23 of the AIDS Housing Opportunity Act (42 U.S.C.

24 12903(c)), to the City of New York, New York, on behalf

25 of the New York-Wayne-White Plains, New York-New Jersey
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1 Metropolitan Division (hereafter ‘‘metropolitan division’’)

2 of the New York-Newark-Edison, NY-NJ-PA Metropolitan

3 Statistical Area, shall be adjusted by the Secretary of Hous4 ing and Urban Development by: (1) allocating to the City

5 of Jersey City, New Jersey, the proportion of the metropoli6 tan area’s or division’s amount that is based on the number

7 of cases of AIDS reported in the portion of the metropolitan

8 area or division that is located in Hudson County, New

9 Jersey, and adjusting for the proportion of the metropolitan

10 division’s high incidence bonus if this area in New Jersey

11 also has a higher than average per capita incidence of

12 AIDS; and (2) allocating to the City of Paterson, New Jer13 sey, the proportion of the metropolitan area’s or division’s

14 amount that is based on the number of cases of AIDS re15 ported in the portion of the metropolitan area or division

16 that is located in Bergen County and Passaic County, New

17 Jersey, and adjusting for the proportion of the metropolitan

18 division’s high incidence bonus if this area in New Jersey

19 also has a higher than average per capita incidence of

20 AIDS. The recipient cities shall use amounts allocated

21 under this subsection to carry out eligible activities under

22 section 855 of the AIDS Housing Opportunity Act (42

23 U.S.C. 12904) in their respective portions of the metropoli24 tan division that is located in New Jersey.
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1 (d) Notwithstanding any other provision of law, the

2 amount allocated for fiscal year 2006 under section 854(c)

3 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c))

4 to areas with a higher than average per capita incidence

5 of AIDS, shall be adjusted by the Secretary on the basis

6 of area incidence reported over a three year period.

7 SEC. 303. (a) During fiscal year 2006, in the provision

8 of rental assistance under section 8(o) of the United States

9 Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection

10 with a program to demonstrate the economy and effective11 ness of providing such assistance for use in assisted living

12 facilities that is carried out in the counties of the State of

13 Michigan specified in subsection (b) of this section, notwith14 standing paragraphs (3) and (18)(B)(iii) of such section

15 8(o), a family residing in an assisted living facility in any

16 such county, on behalf of which a public housing agency

17 provides assistance pursuant to section 8(o)(18) of such Act,

18 may be required, at the time the family initially receives

19 such assistance, to pay rent in an amount exceeding 40 per20 cent of the monthly adjusted income of the family by such

21 a percentage or amount as the Secretary of Housing and

22 Urban Development determines to be appropriate.

23 (b) The counties specified in this subsection are Oak24 land County, Macomb County, Wayne County, and

25 Washtenaw County, in the State of Michigan.
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1 SEC. 304. Except as explicitly provided in law, any

2 grant, cooperative agreement or other assistance made pur3 suant to title III of this Act shall be made on a competitive

4 basis and in accordance with section 102 of the Department

5 of Housing and Urban Development Reform Act of 1989.

6 SEC. 305. Funds of the Department of Housing and

7 Urban Development subject to the Government Corporation

8 Control Act or section 402 of the Housing Act of 1950 shall

9 be available, without regard to the limitations on adminis10 trative expenses, for legal services on a contract or fee basis,

11 and for utilizing and making payment for services and fa12 cilities of the Federal National Mortgage Association, Gov13 ernment National Mortgage Association, Federal Home

14 Loan Mortgage Corporation, Federal Financing Bank, Fed15 eral Reserve banks or any member thereof, Federal Home

16 Loan banks, and any insured bank within the meaning of

17 the Federal Deposit Insurance Corporation Act, as amended

18 (12 U.S.C. 1811–1831).

19 SEC. 306. Unless otherwise provided for in this Act

20 or through a reprogramming of funds, no part of any ap21 propriation for the Department of Housing and Urban De22 velopment shall be available for any program, project or

23 activity in excess of amounts set forth in the budget esti24 mates submitted to Congress.
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1 SEC. 307. Corporations and agencies of the Depart2 ment of Housing and Urban Development which are subject

3 to the Government Corporation Control Act, as amended,

4 are hereby authorized to make such expenditures, within the

5 limits of funds and borrowing authority available to each

6 such corporation or agency and in accordance with law,

7 and to make such contracts and commitments without re8 gard to fiscal year limitations as provided by section 104

9 of such Act as may be necessary in carrying out the pro10 grams set forth in the budget for 2006 for such corporation

11 or agency except as hereinafter provided: Provided, That

12 collections of these corporations and agencies may be used

13 for new loan or mortgage purchase commitments only to

14 the extent expressly provided for in this Act (unless such

15 loans are in support of other forms of assistance provided

16 for in this or prior appropriations Acts), except that this

17 proviso shall not apply to the mortgage insurance or guar18 anty operations of these corporations, or where loans or

19 mortgage purchases are necessary to protect the financial

20 interest of the United States Government.

21 SEC. 308. None of the funds provided in this title for

22 technical assistance, training, or management improve23 ments may be obligated or expended unless HUD provides

24 to the Committees on Appropriations a description of each

25 proposed activity and a detailed budget estimate of the costs
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1 associated with each program, project or activity as part

2 of the Budget Justifications. For fiscal year 2006, HUD

3 shall transmit this information to the Committees by March

4 15, 2006 for 30 days of review.

5 SEC. 309. The Secretary of Housing and Urban Devel6 opment shall provide quarterly reports to the House and

7 Senate Committees on Appropriations regarding all uncom8 mitted, unobligated, recaptured and excess funds in each

9 program and activity within the jurisdiction of the Depart10 ment and shall submit additional, updated budget informa11 tion to these Committees upon request.

12 SEC. 310. Notwithstanding any other provision of law,

13 in fiscal year 2006, in managing and disposing of any mul14 tifamily property that is owned or held by the Secretary,

15 the Secretary of Housing and Urban Development shall

16 maintain any rental assistance payments under section 8

17 of the United States Housing Act of 1937 that are attached

18 to any dwelling units in the property, and the contract for

19 such payments shall be renewable by the owner under the

20 provisions of section 524 of the Multifamily Assisted Hous21 ing Reform and Affordability Act of 1997 (42 U.S.C. 1437f

22 note). To the extent the Secretary determines that such a

23 multifamily property owned or held by the Secretary is not

24 feasible for continued rental assistance payments under

25 such section 8, the Secretary may, in consultation with the
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1 tenants of that property, contract for project-based rental

2 assistance payments with an owner or owners of other exist3 ing housing properties or provide other rental assistance.

4 SEC. 311. (a) Notwithstanding any other provision of

5 law, the amount allocated for fiscal year 2006 under section

6 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.

7 12903(c)), to the City of Wilmington, Delaware, on behalf

8 of the Wilmington, Delaware-Maryland-New Jersey Metro9 politan Division (hereafter ‘‘metropolitan division’’), shall

10 be adjusted by the Secretary of Housing and Urban Devel11 opment by allocating to the State of New Jersey the propor12 tion of the metropolitan division’s amount that is based on

13 the number of cases of AIDS reported in the portion of the

14 metropolitan division that is located in New Jersey, and

15 adjusting for the proportion of the metropolitan division’s

16 high incidence bonus if this area in New Jersey also has

17 a higher than average per capita incidence of AIDS. The

18 State of New Jersey shall use amounts allocated to the State

19 under this subsection to carry out eligible activities under

20 section 855 of the AIDS Housing Opportunity Act (42

21 U.S.C. 12904) in the portion of the metropolitan division

22 that is located in New Jersey.

23 (b) Notwithstanding any other provision of law, the

24 Secretary of Housing and Urban Development shall allocate

25 to Wake County, North Carolina, the amounts that other-
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1 wise would be allocated for fiscal year 2006 under section

2 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.

3 12903(c)) to the City of Raleigh, North Carolina, on behalf

4 of the Raleigh-Cary, North Carolina Metropolitan Statis5 tical Area. Any amounts allocated to Wake County shall

6 be used to carry out eligible activities under section 855

7 of such Act (42 U.S.C. 12904) within such metropolitan sta8 tistical area.

9 (c) Notwithstanding section 854(c) of the AIDS Hous10 ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary

11 of Housing and Urban Development may adjust the alloca12 tion of the amounts that otherwise would be allocated for

13 fiscal year 2006 under section 854(c) of such Act, upon the

14 written request of an applicant, in conjunction with the

15 State(s), for a formula allocation on behalf of a metropoli16 tan statistical area, to designate the State or States in

17 which the metropolitan statistical area is located as the eli18 gible grantee(s) of the allocation. In the case that a metro19 politan statistical area involves more than one State, such

20 amounts allocated to each State shall be in proportion to

21 the number of cases of AIDS reported in the portion of the

22 metropolitan statistical area located in that State. Any

23 amounts allocated to a State under this section shall be used

24 to carry out eligible activities within the portion of the met25 ropolitan statistical area located in that State.
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1 SEC. 312. The Department of Housing and Urban De2 velopment shall submit the Department’s fiscal year 2007

3 congressional budget justifications to the Committees on Ap4 propriations of the House of Representatives and the Senate

5 using the identical structure provided under this Act and

6 only in accordance with the direction specified in the report

7 accompanying this Act.

8 SEC. 313. Incremental vouchers previously made avail9 able under the heading ‘‘Housing Certificate Fund’’ or re10 newed under the heading, ‘‘Tenant-Based Rental Assist11 ance,’’ for non-elderly disabled families shall, to the extent

12 practicable, continue to be provided to non-elderly disabled

13 families upon turnover.

14 SEC. 314. A public housing agency or such other entity

15 that administers Federal housing assistance in the States

16 of Alaska, Iowa, and Mississippi shall not be required to

17 include a resident of public housing or a recipient of assist18 ance provided under section 8 of the United States Housing

19 Act of 1937 on the board of directors or a similar governing

20 board of such agency or entity as required under section

21 (2)(b) of such Act. Each public housing agency or other en22 tity that administers Federal housing assistance under sec23 tion 8 in the States of Alaska, Iowa and Mississippi shall

24 establish an advisory board of not less than 6 residents of

25 public housing or recipients of section 8 assistance to pro-
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1 vide advice and comment to the public housing agency or

2 other administering entity on issues related to public hous3 ing and section 8. Such advisory board shall meet not less

4 than quarterly.

5 SEC. 315. For this fiscal year and each fiscal year

6 hereafter, the portion of any athletic scholarship assistance

7 that is available for housing costs shall be considered ad8 justed income for purposes of section 3(b)(5) of the United

9 States Housing Act of 1937.

10 SEC. 316. The funds made available for Native Alas11 kans under the heading ‘‘Native American Housing Block

12 Grants’’ in title III of this Act shall be allocated to the same

13 Native Alaskan housing block grant recipients that received

14 funds in fiscal year 2004.

15 SEC. 317. (a) Notwithstanding any other provision of

16 law, subject to the conditions listed in subsection (b), for

17 this fiscal year and each fiscal year thereafter, the Secretary

18 may authorize the transfer of project-based assistance, debt

19 and statutorily required low-income and very low-income

20 use restrictions, associated with one multifamily housing

21 project to another multifamily housing project.

22 (b) The transfer authorized in subsection (a) is subject

23 to the following conditions:

24 (1) the number of low-income and very low-in25 come units and the net dollar amount of Federal as-
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1 sistance provided by the transferring project shall re2 main the same in the receiving project;

3 (2) the transferring project shall, as determined

4 by the Secretary, be either physically obsolete or eco5 nomically non-viable;

6 (3) the receiving project shall meet or exceed ap7 plicable physical standards established by the Sec8 retary;

9 (4) the owner or mortgagor of the transferring

10 project shall notify and consult with the tenants re11 siding in the transferring project and provide a cer12 tification of approval by all appropriate local govern13 mental officials;

14 (5) the tenants of the transferring project who re15 main eligible for assistance to be provided by the re16 ceiving project shall not be required to vacate their

17 units in the transferring project until new units in

18 the receiving project are available for occupancy;

19 (6) if either the transferring project or the receiv20 ing project meets the condition specified in subsection

21 (c)(2)(A), any lien on the receiving project resulting

22 from additional financing obtained by the owner shall

23 be subordinate to any FHA-insured mortgage lien

24 transferred to, or placed on, such project by the Sec25 retary;
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1 (7) if the transferring project meets the require2 ments of subsection (c)(2)(E), the owner or mortgagor

3 of the receiving project shall execute and record either

4 a continuation of the existing use agreement or a new

5 use agreement for the project where, in either case,

6 any use restrictions in such agreement are of no lesser

7 duration than the existing use restrictions; and

8 (8) any financial risk to the FHA General and

9 Special Risk Insurance Fund, as determined by the

10 Secretary, would be reduced as a result of a transfer

11 completed under this section.

12 (c) For purposes of this section—

13 (1) the terms ‘‘low-income’’ and ‘‘very low-in14 come’’ shall have the meanings provided by the statute

15 and/or regulations governing the program under

16 which the project is insured or assisted;

17 (2) the term ‘‘multifamily housing project’’

18 means housing that meets one of the following

19 conditions—

20 (A) housing that is subject to a mortgage

21 insured under the National Housing Act,

22 (B) housing that has project-based assist23 ance attached to the structure,

24 (C) housing that is assisted under section

25 202 of the Housing Act of 1959 as amended by
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1 section 801 of the Cranston-Gonzales National

2 Affordable Housing Act,

3 (D) housing that is assisted under section

4 202 of the Housing Act of 1959, as such section

5 existed before the enactment of the Cranston6 Gonzales National Affordable Housing Act, or,

7 (E) housing or vacant land that is subject

8 to a use agreement;

9 (3) the term ‘‘project-based assistance’’ means—

10 (A) assistance provided under section 8(b)

11 of the United States Housing Act of 1937;

12 (B) assistance for housing constructed or

13 substantially rehabilitated pursuant to assistance

14 provided under section 8(b)(2) of such Act (as

15 such section existed immediately before October

16 1, 1983);

17 (C) rent supplement payments under sec18 tion 101 of the Housing and Urban Development

19 Act of 1965;

20 (D) additional assistance payments under

21 section 236(f)(2) of the National Housing Act;

22 and,

23 (E) assistance payments made under sec24 tion 202(c)(2) of the Housing Act of 1959;
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1 (4) the term ‘‘receiving project’’ means the multi2 family housing project to which the project-based as3 sistance, debt, and statutorily required use low-in4 come and very low-income restrictions are to be

5 transferred;

6 (5) the term ‘‘transferring project’’ means the

7 multifamily housing project which is transferring the

8 project-based assistance, debt and the statutorily re9 quired low-income and very low-income use restric10 tions to the receiving project; and,

11 (6) the term ‘‘Secretary’’ means the Secretary of

12 Housing and Urban Development.

13 SEC. 318. (a) EXTENSION.—The Secretary of Housing

14 and Urban Development shall extend the term of the Moving

15 to Work Demonstration Agreement entered into between a

16 public housing agency and the Secretary under section 204,

17 title V, of the Omnibus Consolidated Rescissions and Appro18 priations Act of 1996 (Public Law 104–134, April 26,

19 1996) if—

20 (1) the public housing agency requests such ex21 tension in writing;

22 (2) the public housing agency is not at the time

23 of such request for extension in default under its Mov24 ing to Work Demonstration Agreement; and
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1 (3) the Moving to Work Demonstration Agree2 ment to be extended would otherwise expire on or be3 fore September 30, 2006.

4 (b) TERMS.—Unless the Secretary of Housing and

5 Urban Development and the public housing agency other6 wise agree, the extension under subsection (a) shall be upon

7 the identical terms and conditions set forth in the extending

8 agency’s existing Moving to Work Demonstration Agree9 ment, except that for each public housing agency that has

10 been or will be granted an extension to its original Moving

11 to Work Agreement, the Secretary shall require that data

12 be collected so that the effect of Moving to Work policy

13 changes on residents can be measured.

14 (c) EXTENSION PERIOD.—The extension under sub15 section (a) shall be for such period as is requested by the

16 public housing agency, not to exceed 3 years from the date

17 of expiration of the extending agency’s existing Moving to

18 Work Demonstration Agreement.

19 (d) BREACH OF AGREEMENT.—Nothing contained in

20 this section shall limit the authority of the Secretary of

21 Housing and Urban Development to terminate any Moving

22 to Work Demonstration Agreement of a public housing

23 agency if the public housing agency is in breach of the pro24 visions of such agreement.
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1 SEC. 319. Incremental vouchers previously made avail2 able under the heading, ‘‘Housing Certificate Fund’’ or re3 newed under the heading, ‘‘Tenant-Based Rental Assist4 ance’’, for family unification shall, to the extent practicable,

5 continue to be provided for family unification.

6 SEC. 320. Section 421 of the Housing and Community

7 Development Act of 1987 (12 U.S.C. § 1715z–4a) is

8 amended—

9 (1) in subsection (a)(1)(A), by inserting after

10 ‘‘is’’ the following: ‘‘or, at the time of the violations,

11 was’’; and

12 (2) in subsection (a)(1)(C), by inserting after

13 ‘‘held’’ the following: ‘‘or, at the time of the violations,

14 was insured or held’’.

15 SEC. 321. No funds in this Act may be used to support

16 any Federal, State, or local projects that seek to use the

17 power of eminent domain, unless eminent domain is em18 ployed only for a public use: Provided, That for purposes

19 of this section, public use shall not be construed to include

20 economic development that primarily benefits private enti21 ties: Provided further, That any use of funds for mass tran22 sit, railroad, airport, seaport or highway projects as well

23 as utility projects which benefit or serve the general public

24 (including energy-related, communication-related, water-re25 lated and wastewater-related infrastructure), other struc-
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1 tures designated for use by the general public or which have

2 other common-carrier or public-utility functions that serve

3 the general public and are subject to regulation and over4 sight by the government, and projects for the removal of

5 blight (including areas identified by units of local govern6 ment for recovery from natural disasters) or brownsfields

7 as defined in the Small Business Liability Relief and

8 Brownsfields Revitalization Act (Public Law 107–118)

9 shall be considered a public use for purposes of eminent do10 main: Provided further, That the Government Account11 ability Office, in consultation with the National Academy

12 for Public Administration, organizations representing State

13 and local governments, and property rights organizations,

14 shall conduct a study to be submitted to the Congress within

15 12 months of the enactment of this Act on the nationwide

16 use of eminent domain, including the procedures used and

17 the results accomplished on a state-by-state basis as well

18 as the impact on individual property owners and on the

19 affected communities.

20 SEC. 322. (a) No assistance shall be provided under

21 section 8 of the United States Housing Act of 1937 (42

22 U.S.C. 1437f) to any individual who—

23 (1) is enrolled as a student at an institution of

24 higher education (as defined under section 102 of the

25 Higher Education Act of 1965 (20 U.S.C. 1002));
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1 (2) is under 24 years of age;

2 (3) is not a veteran;

3 (4) is unmarried;

4 (5) does not have a dependent child; and

5 (6) is not otherwise individually eligible, or has

6 parents who, individually or jointly, are not eligible,

7 to receive assistance under section 8 of the United

8 States Housing Act of 1937 (42 U.S.C. 1437f).

9 (b) For purposes of determining the eligibility of a per10 son to receive assistance under section 8 of the United States

11 Housing Act of 1937 (42 U.S.C. 1437f), any financial as12 sistance (in excess of amounts received for tuition) that an

13 individual receives under the Higher Education Act of 1965

14 (20 U.S.C. 1001 et seq.), from private sources, or an institu15 tion of higher education (as defined under the Higher Edu16 cation Act of 1965 (20 U.S.C. 1002)), shall be considered

17 income to that individual.

18 (c) Not later than 30 days after the date of enactment

19 of this Act, the Secretary of Housing and Urban Develop20 ment shall issue final regulations to carry out the provi21 sions of this section.

22 SEC. 323. LIMITATION ON FUNDING FOR CON23 FERENCES.

24 Of the funds made available for the Department of

25 Housing and Development under the heading ‘‘Management
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1 and Administration, Salaries and Expenses’’ in this title,

2 not to exceed $3,000,000 shall be available for expenses re3 lated to conferences, including for conference programs, staff

4 time, travel costs, and related expenses.

5 This title may be cited as the ‘‘Department of Housing

6 and Urban Development Appropriations Act, 2006’’.

7 TITLE IV—THE JUDICIARY

8 SUPREME COURT OF THE UNITED STATES

9 SALARIES AND EXPENSES

10 For expenses necessary for the operation of the Su11 preme Court, as required by law, excluding care of the

12 building and grounds, including purchase or hire, driving,

13 maintenance, and operation of an automobile for the Chief

14 Justice, not to exceed $10,000 for the purpose of trans15 porting Associate Justices, and hire of passenger motor ve16 hicles as authorized by 31 U.S.C. 1343 and 1344; not to

17 exceed $10,000 for official reception and representation ex18 penses; and for miscellaneous expenses, to be expended as

19 the Chief Justice may approve, $60,730,000, of which

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

21 CARE OF THE BUILDING AND GROUNDS

22 For such expenditures as may be necessary to enable

23 the Architect of the Capitol to carry out the duties imposed

24 upon the Architect by the Act approved May 7, 1934 (40

25 U.S.C. 13a–13b), $5,624,000, which shall remain available

26 until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other officers

5 and employees, and for necessary expenses of the court, as

6 authorized by law, $23,489,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, salaries

10 of the officers and employees of the court, services, and nec11 essary expenses of the court, as authorized by law,

12 $15,480,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States),

18 justices and judges retired from office or from regular active

19 service, judges of the United States Court of Federal Claims,

20 bankruptcy judges, magistrate judges, and all other officers

21 and employees of the Federal Judiciary not otherwise spe22 cifically provided for, and necessary expenses of the courts,

23 as authorized by law, $4,374,959,000 (including the pur24 chase of firearms and ammunition); of which not to exceed

25 $27,817,000 shall remain available until expended for space
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1 alteration projects and for furniture and furnishings related

2 to new space alteration and construction projects.

3 In addition, for expenses of the United States Court

4 of Federal Claims associated with processing cases under

5 the National Childhood Vaccine Injury Act of 1986 (Public

6 Law 99–660), not to exceed $3,833,000, to be appropriated

7 from the Vaccine Injury Compensation Trust Fund.

8 DEFENDER SERVICES

9 For the operation of Federal Defender organizations;

10 the compensation and reimbursement of expenses of attor11 neys appointed to represent persons under the Criminal

12 Justice Act of 1964, as amended (18 U.S.C. 3006A); the

13 compensation and reimbursement of expenses of persons

14 furnishing investigative, expert and other services under the

15 Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the

16 compensation (in accordance with Criminal Justice Act

17 maximums) and reimbursement of expenses of attorneys ap18 pointed to assist the court in criminal cases where the de19 fendant has waived representation by counsel; the com20 pensation and reimbursement of travel expenses of guard21 ians ad litem acting on behalf of financially eligible minor

22 or incompetent offenders in connection with transfers from

23 the United States to foreign countries with which the

24 United States has a treaty for the execution of penal sen25 tences; the compensation of attorneys appointed to represent

26 jurors in civil actions for the protection of their employ-
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1 ment, as authorized by 28 U.S.C. 1875(d); and for nec2 essary training and general administrative expenses,

3 $710,785,000, to remain available until expended.

4 FEES OF JURORS AND COMMISSIONERS

5 For fees and expenses of jurors as authorized by 28

6 U.S.C. 1871 and 1876; compensation of jury commissioners

7 as authorized by 28 U.S.C. 1863; and compensation of com8 missioners appointed in condemnation cases pursuant to

9 rule 71A(h) of the Federal Rules of Civil Procedure (28

10 U.S.C. Appendix Rule 71A(h)), $61,318,000, to remain

11 available until expended: Provided, That the compensation

12 of land commissioners shall not exceed the daily equivalent

13 of the highest rate payable under section 5332 of title 5,

14 United States Code.

15 COURT SECURITY

16 For necessary expenses, not otherwise provided for, in17 cident to the provision of protective guard services for

18 United States courthouses and other facilities housing Fed19 eral court operations, and the procurement, installation,

20 and maintenance of security systems and equipment for

21 United States courthouses and other facilities housing Fed22 eral court operations, including building ingress-egress con23 trol, inspection of mail and packages, directed security pa24 trols, perimeter security, basic security services provided by

25 the Federal Protective Service, and other similar activities

26 as authorized by section 1010 of the Judicial Improvement
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1 and Access to Justice Act (Public Law 100–702),

2 $372,426,000, of which not to exceed $15,000,000 shall re3 main available until expended, to be expended directly or

4 transferred to the United States Marshals Service, which

5 shall be responsible for administering the Judicial Facility

6 Security Program consistent with standards or guidelines

7 agreed to by the Director of the Administrative Office of

8 the United States Courts and the Attorney General.

9 ADMINISTRATIVE OFFICE OF THE UNITED STATES

10 COURTS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Administrative Office of

13 the United States Courts as authorized by law, including

14 travel as authorized by 31 U.S.C. 1345, hire of a passenger

15 motor vehicle as authorized by 31 U.S.C. 1343(b), adver16 tising and rent in the District of Columbia and elsewhere,

17 $72,198,000, of which not to exceed $8,500 is authorized

18 for official reception and representation expenses and of

19 which up to $1,000,000 shall be made available to the Na20 tional Academy of Public Administrators for a review of

21 the financial and management procedures of the Federal

22 Judiciary.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Center,

4 as authorized by Public Law 90–219, $22,350,000; of which

5 $1,800,000 shall remain available through September 30,

6 2007, to provide education and training to Federal court

7 personnel; and of which not to exceed $1,500 is authorized

8 for official reception and representation expenses.

9 JUDICIAL RETIREMENT FUNDS

10 PAYMENT TO JUDICIARY TRUST FUNDS

11 For payment to the Judicial Officers’ Retirement

12 Fund, as authorized by 28 U.S.C. 377(o), $36,800,000; to

13 the Judicial Survivors’ Annuities Fund, as authorized by

14 28 U.S.C. 376(c), $600,000; and to the United States Court

15 of Federal Claims Judges’ Retirement Fund, as authorized

16 by 28 U.S.C. 178(l), $3,200,000.

17 UNITED STATES SENTENCING COMMISSION

18 SALARIES AND EXPENSES

19 For the salaries and expenses necessary to carry out

20 the provisions of chapter 58 of title 28, United States Code,

21 $14,700,000, of which not to exceed $1,000 is authorized

22 for official reception and representation expenses.
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1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

2 SEC. 400. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

4 be available for services as authorized by 5 U.S.C. 3109.

5 SEC. 401. Not to exceed 5 percent of any appropriation

6 made available for the current fiscal year for the Judiciary

7 in this Act may be transferred between such appropriations,

8 but no such appropriation, except ‘‘Courts of Appeals, Dis9 trict Courts, and Other Judicial Services, Defender Serv10 ices’’ and ‘‘Courts of Appeals, District Courts, and Other

11 Judicial Services, Fees of Jurors and Commissioners’’, shall

12 be increased by more than 10 percent by any such transfers:

13 Provided, That any transfer pursuant to this section shall

14 be treated as a reprogramming of funds under section 705

15 of this Act and shall not be available for obligation or ex16 penditure except in compliance with the procedures set forth

17 in that section.

18 SEC. 402. Notwithstanding any other provision of law,

19 the salaries and expenses appropriation for Courts of Ap20 peals, District Courts, and Other Judicial Services shall be

21 available for official reception and representation expenses

22 of the Judicial Conference of the United States: Provided,

23 That such available funds shall not exceed $11,000 and

24 shall be administered by the Director of the Administrative
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1 Office of the United States Courts in the capacity as Sec2 retary of the Judicial Conference.

3 SEC. 403. Within 90 days of enactment of this Act,

4 the Administrative Office of the U.S. Courts shall submit

5 to the Committees on Appropriations a comprehensive fi6 nancial plan for the Judiciary allocating all sources of

7 available funds including appropriations, fee collections,

8 and carryover balances, to include a separate and detailed

9 plan for the Judiciary Information Technology fund.

10 SEC. 404. Pursuant to section 140 of Public Law 97–

11 92, and from funds appropriated in this Act, Justices and

12 judges of the United States are authorized during fiscal

13 year 2006, to receive a salary adjustment in accordance

14 with 28 U.S.C. 461.

15 SEC. 405. The existing judgeship for the eastern dis16 trict of Missouri authorized by section 203(c) of the Judicial

17 Improvements Act of 1990 (Public Law 101–650, 104 Stat.

18 5089) as amended by Public Law 105–53, as of the effective

19 date of this Act, shall be extended. The first vacancy in the

20 office of district judge in this district occurring 20 years

21 or more after the confirmation date of the judge named to

22 fill the temporary judgeship created by section 203(c) shall

23 not be filled.

24 SEC. 406. Not later than 180 days after enactment of

25 this Act, GAO shall provide the Committees on Appropria-
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1 tions with a report regarding the potential impact on the

2 Federal Judiciary of recent increases in Homeland Security

3 funding to enhance border security and enforce our nation’s

4 immigration laws.

5 SEC. 407. (a) Section 604 of title 28, United States

6 Code, is amended by adding section (4) at the end of section

7 ‘‘(g)’’:

8 ‘‘(4) The Director is hereby authorized:

9 ‘‘(A) to enter into contracts for the acquisi10 tion of severable services for a period that begins

11 in one fiscal year and ends in the next fiscal

12 year to the same extent as the head of an execu13 tive agency under the authority of section 253l

14 of 41 U.S.C.;

15 ‘‘(B) to enter into contracts for multiple

16 years for the acquisition of property and services

17 to the same extent as executive agencies under

18 the authority of section 254c of 41 U.S.C.; and

19 ‘‘(C) to make advance, partial, progress or

20 other payments under contracts for property or

21 services to the same extent as executive agencies

22 under the authority of section 255 of 41 U.S.C.’’

23 (b) Section 612 of title 28, United States Code, is

24 amended by striking the current language in section

25 (e)(2)(B) and inserting ‘‘such contract is in accordance
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1 with the Director’s authority in section 604(g) of 28 U.S.C.;

2 and,’’.

3 (c) The authorities granted in this section shall expire

4 on September 30, 2010.

5 SEC. 408. (a) The division of the court shall release

6 to the Congress and to the public not later than 60 days

7 after the date of enactment of this Act all portions of the

8 final report of the independent counsel of the investigation

9 of Henry Cisneros made under section 594(h) of title 28,

10 United States Code, except for any such portions that con11 tain information of a personal nature that the division of

12 the court determines the disclosure of which would cause

13 a clearly unwarranted invasion of privacy that outweighs

14 the public interest in a full accounting of this investigation.

15 Upon the release of the final report, the final report shall

16 be published pursuant to section 594(h)(3) of title 28,

17 United States Code.

18 (b)(1) After the release and publication of the final re19 port referred to in subsection (a), the independent counsel

20 shall continue his office only to the extent necessary and

21 appropriate to perform the noninvestigative and nonpros22 ecutorial tasks remaining of his statutory duties as required

23 to conclude the functions of his office.

24 (2) The duties referred to in paragraph (1) shall spe25 cifically include—
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1 (A) the evaluation of claims for attorney fees,

2 pursuant to section 593(l) of title 28, United States

3 Code;

4 (B) the transfer of records to the Archivist of the

5 United States pursuant to section 594(k) of title 28,

6 United States Code;

7 (C) compliance with oversight obligations pursu8 ant to section 595(a) of title 28, United States Code;

9 and

10 (D) preparation of statements of expenditures

11 pursuant to section 595(c) of title 28, United States

12 Code.

13 (c)(1) The independent counsel shall have not more

14 than 45 days after the release and publication of the final

15 report referred to in subsection (a) to complete his remain16 ing statutory duties unless the division of the court deter17 mines that it is necessary for the independent counsel to

18 have additional time to complete his remaining statutory

19 duties.

20 (2) If the division of the court finds that the inde21 pendent counsel needs additional time under paragraph (1),

22 the division of the court shall issue a public report stating

23 the grounds for the extension and a proposed date for com24 pletion of all aspects of the investigation of Henry Cisneros

25 and termination of the office of the independent counsel.
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1 This title may be cited as the ‘‘Judiciary Appropria2 tions Act, 2006’’.

3 TITLE V—EXECUTIVE OFFICE OF THE PRESI4 DENT AND FUNDS APPROPRIATED TO THE

5 PRESIDENT

6 COMPENSATION OF THE PRESIDENT

7 For compensation of the President, including an ex8 pense allowance at the rate of $50,000 per annum as au9 thorized by 3 U.S.C. 102, $450,000: Provided, That none

10 of the funds made available for official expenses shall be

11 expended for any other purpose and any unused amount

12 shall revert to the Treasury pursuant to section 1552 of title

13 31, United States Code.

14 WHITE HOUSE OFFICE

15 SALARIES AND EXPENSES

16 For necessary expenses for the White House as author17 ized by law, including not to exceed $3,850,000 for services

18 as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsist19 ence expenses as authorized by 3 U.S.C. 105, which shall

20 be expended and accounted for as provided in that section;

21 hire of passenger motor vehicles, newspapers, periodicals,

22 teletype news service, and travel (not to exceed $100,000

23 to be expended and accounted for as provided by 3 U.S.C.

24 103); not to exceed $3,501,000 for the necessary expenses

25 of the Office of Policy Development, including services au-
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1 thorized under 5 U.S.C. 3109 and 3 U.S.C. 107; and not

2 to exceed $19,000 for official entertainment expenses, to be

3 available for allocation within the Executive Office of the

4 President, $58,081,000: Provided, That of the funds appro5 priated under this heading, $1,500,000 shall be for the Pri6 vacy and Civil Liberties Oversight Board.

7 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

8 OPERATING EXPENSES

9 For the care, maintenance, repair and alteration, re10 furnishing, improvement, heating, and lighting, including

11 electric power and fixtures, of the Executive Residence at

12 the White House and official entertainment expenses of the

13 President, $12,436,000, to be expended and accounted for

14 as provided by 3 U.S.C. 105, 109, 110, and 112–114.

15 REIMBURSABLE EXPENSES

16 For the reimbursable expenses of the Executive Resi17 dence at the White House, such sums as may be necessary:

18 Provided, That all reimbursable operating expenses of the

19 Executive Residence shall be made in accordance with the

20 provisions of this paragraph: Provided further, That, not21 withstanding any other provision of law, such amount for

22 reimbursable operating expenses shall be the exclusive au23 thority of the Executive Residence to incur obligations and

24 to receive offsetting collections, for such expenses: Provided

25 further, That the Executive Residence shall require each

26 person sponsoring a reimbursable political event to pay in
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1 advance an amount equal to the estimated cost of the event,

2 and all such advance payments shall be credited to this ac3 count and remain available until expended: Provided fur4 ther, That the Executive Residence shall require the na5 tional committee of the political party of the President to

6 maintain on deposit $25,000, to be separately accounted for

7 and available for expenses relating to reimbursable political

8 events sponsored by such committee during such fiscal year:

9 Provided further, That the Executive Residence shall ensure

10 that a written notice of any amount owed for a reimburs11 able operating expense under this paragraph is submitted

12 to the person owing such amount within 60 days after such

13 expense is incurred, and that such amount is collected with14 in 30 days after the submission of such notice: Provided

15 further, That the Executive Residence shall charge interest

16 and assess penalties and other charges on any such amount

17 that is not reimbursed within such 30 days, in accordance

18 with the interest and penalty provisions applicable to an

19 outstanding debt on a United States Government claim

20 under section 3717 of title 31, United States Code: Provided

21 further, That each such amount that is reimbursed, and any

22 accompanying interest and charges, shall be deposited in

23 the Treasury as miscellaneous receipts: Provided further,

24 That the Executive Residence shall prepare and submit to

25 the Committees on Appropriations, by not later than 90
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1 days after the end of the fiscal year covered by this Act,

2 a report setting forth the reimbursable operating expenses

3 of the Executive Residence during the preceding fiscal year,

4 including the total amount of such expenses, the amount

5 of such total that consists of reimbursable official and cere6 monial events, the amount of such total that consists of re7 imbursable political events, and the portion of each such

8 amount that has been reimbursed as of the date of the re9 port: Provided further, That the Executive Residence shall

10 maintain a system for the tracking of expenses related to

11 reimbursable events within the Executive Residence that in12 cludes a standard for the classification of any such expense

13 as political or nonpolitical: Provided further, That no pro14 vision of this paragraph may be construed to exempt the

15 Executive Residence from any other applicable requirement

16 of subchapter I or II of chapter 37 of title 31, United States

17 Code.

18 WHITE HOUSE REPAIR AND RESTORATION

19 For the repair, alteration, and improvement of the Ex20 ecutive Residence at the White House, $1,700,000, to re21 main available until expended, for required maintenance,

22 safety and health issues, and continued preventative main23 tenance.
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1 COUNCIL OF ECONOMIC ADVISERS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Council of Economic Ad4 visers in carrying out its functions under the Employment

5 Act of 1946 (15 U.S.C. 1021), $4,040,000.

6 NATIONAL SECURITY COUNCIL

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Security Coun9 cil, including services as authorized by 5 U.S.C. 3109,

10 $8,705,000.

11 OFFICE OF ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Administration,

14 including services as authorized by 5 U.S.C. 3109 and 3

15 U.S.C. 107, and hire of passenger motor vehicles,

16 $98,609,000, of which $11,768,000 shall remain available

17 until expended for the Capital Investment Plan for contin18 ued modernization of the information technology infrastruc19 ture within the Executive Office of the President.

20 OFFICE OF MANAGEMENT AND BUDGET

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Management

23 and Budget, including hire of passenger motor vehicles and

24 services as authorized by 5 U.S.C. 3109 and to carry out

25 the provisions of chapter 35 of title 44, United States Code,
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1 $68,411,000, of which not to exceed $2,000 shall be available

2 for official representation expenses: Provided, That, as pro3 vided in 31 U.S.C. 1301(a), appropriations shall be applied

4 only to the objects for which appropriations were made ex5 cept as otherwise provided by law: Provided further, That

6 none of the funds appropriated in this Act for the Office

7 of Management and Budget may be used for the purpose

8 of reviewing any agricultural marketing orders or any ac9 tivities or regulations under the provisions of the Agricul10 tural Marketing Agreement Act of 1937 (7 U.S.C. 601 et

11 seq.): Provided further, That none of the funds made avail12 able for the Office of Management and Budget by this Act

13 may be expended for the altering of the transcript of actual

14 testimony of witnesses, except for testimony of officials of

15 the Office of Management and Budget, before the Commit16 tees on Appropriations or their subcommittees: Provided

17 further, That the preceding shall not apply to printed hear18 ings released by the Committees on Appropriations: Pro19 vided further, That none of the funds provided in this or

20 prior Acts shall be used, directly or indirectly, by the Office

21 of Management and Budget, for evaluating or determining

22 if water resource project or study reports submitted by the

23 Chief of Engineers acting through the Secretary of the Army

24 are in compliance with all applicable laws, regulations, and

25 requirements relevant to the Civil Works water resource
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1 planning process: Provided further, That the Office of Man2 agement and Budget shall have not more than 60 days in

3 which to perform budgetary policy reviews of water resource

4 matters on which the Chief of Engineers has reported. The

5 Director of the Office of Management and Budget shall no6 tify the appropriate authorizing and Appropriations Com7 mittees when the 60-day review is initiated. If water re8 source reports have not been transmitted to the appropriate

9 authorizing and appropriating committees within 15 days

10 of the end of the OMB review period based on the notifica11 tion from the Director, Congress shall assume OMB concur12 rence with the report and act accordingly.

13 OFFICE OF NATIONAL DRUG CONTROL POLICY

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of National Drug

16 Control Policy; for research activities pursuant to the Office

17 of National Drug Control Policy Reauthorization Act of

18 1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for

19 official reception and representation expenses; and for par20 ticipation in joint projects or in the provision of services

21 on matters of mutual interest with nonprofit, research, or

22 public organizations or agencies, with or without reim23 bursement, $24,224,000; of which $1,316,000 shall remain

24 available until expended for policy research and evaluation:

25 Provided, That the Office is authorized to accept, hold, ad-
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1 minister, and utilize gifts, both real and personal, public

2 and private, without fiscal year limitation, for the purpose

3 of aiding or facilitating the work of the Office.

4 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for the Counterdrug Technology

7 Assessment Center for research activities pursuant to the

8 Office of National Drug Control Policy Reauthorization Act

9 of 1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall

10 remain available until expended, consisting of $12,000,000

11 for counternarcotics research and development projects, and

12 $18,000,000 for the continued operation of the technology

13 transfer program: Provided, That the $12,000,000 for coun14 ternarcotics research and development projects shall be

15 available for transfer to other Federal departments or agen16 cies.

17 FEDERAL DRUG CONTROL PROGRAMS

18 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Office of National Drug

21 Control Policy’s High Intensity Drug Trafficking Areas

22 Program, $227,000,000, for drug control activities con23 sistent with the approved strategy for each of the designated

24 High Intensity Drug Trafficking Areas, of which no less

25 than 60 percent shall be transferred to State and local enti26 ties for drug control activities, which shall be obligated
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1 within 120 days of the date of the enactment of this Act:

2 Provided, That up to 40 percent, to remain available until

3 September 30, 2007, may be transferred to Federal agencies

4 and departments at a rate to be determined by the Director,

5 of which not less than $2,000,000 shall be used for auditing

6 services and associated activities, and at least $500,000 of

7 the $2,000,000 shall be used to develop and implement a

8 data collection system to measure the performance of the

9 High Intensity Drug Trafficking Areas Program: Provided

10 further, That none of the funds made available under this

11 heading shall be available for the Consolidated Priority Or12 ganization Target program.

13 OTHER FEDERAL DRUG CONTROL PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For activities to support a national anti-drug cam16 paign for youth, and for other purposes, authorized by the

17 Office of National Drug Control Policy Reauthorization Act

18 of 1998 (21 U.S.C. 1701 et seq.), $191,400,000, to remain

19 available until expended, of which the following amounts

20 are available as follows: $95,000,000 to support a national

21 media campaign, as authorized by the Drug-Free Media

22 Campaign Act of 1998; $80,000,000 to continue a program

23 of matching grants to drug-free communities, of which

24 $2,000,000 shall be a directed grant to the Community

25 Anti-Drug Coalitions of America for the National Commu26 nity Anti-Drug Coalition Institute, as authorized in chap-
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1 ter 2 of the National Narcotics Leadership Act of 1988, as

2 amended; $1,000,000 for the National Drug Court Institute;

3 $1,000,000 for the National Alliance for Model State Drug

4 Laws; $9,500,000 for the United States Anti-Doping Agen5 cy for anti-doping activities; $2,900,000 for the United

6 States membership dues to the World Anti-Doping Agency;

7 and $2,000,000 for evaluations and research related to Na8 tional Drug Control Program performance measures: Pro9 vided, That such funds may be transferred to other Federal

10 departments and agencies to carry out such activities: Pro11 vided further, That of the amounts appropriated for a na12 tional media campaign, not to exceed 10 percent shall be

13 for administration, advertising production, research and

14 testing, labor and related costs of the national media cam15 paign.

16 UNANTICIPATED NEEDS

17 For expenses necessary to enable the President to meet

18 unanticipated needs, in furtherance of the national interest,

19 security, or defense which may arise at home or abroad dur20 ing the current fiscal year, as authorized by 3 U.S.C. 108,

21 $1,000,000.

22 SPECIAL ASSISTANCE TO THE PRESIDENT

23 SALARIES AND EXPENSES

24 For necessary expenses to enable the Vice President to

25 provide assistance to the President in connection with spe-
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1 cially assigned functions; services as authorized by 5 U.S.C.

2 3109 and 3 U.S.C. 106, including subsistence expenses as

3 authorized by 3 U.S.C. 106, which shall be expended and

4 accounted for as provided in that section; and hire of pas5 senger motor vehicles, $4,455,000.

6 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

7 OPERATING EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For the care, operation, refurnishing, improvement,

10 and to the extent not otherwise provided for, heating and

11 lighting, including electric power and fixtures, of the offi12 cial residence of the Vice President; the hire of passenger

13 motor vehicles; and not to exceed $90,000 for official enter14 tainment expenses of the Vice President, to be accounted for

15 solely on his certificate, $325,000: Provided, That advances

16 or repayments or transfers from this appropriation may

17 be made to any department or agency for expenses of car18 rying out such activities.

19 This title may be cited as the ‘‘Executive Office of the

20 President Appropriations Act, 2006’’.

21 TITLE VI—INDEPENDENT AGENCIES

22 ARCHITECTURAL AND TRANSPORTATION BARRIERS

23 COMPLIANCE BOARD

24 SALARIES AND EXPENSES

25 For expenses necessary for the Architectural and

26 Transportation Barriers Compliance Board, as authorized
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1 by section 502 of the Rehabilitation Act of 1973, as amend2 ed, $5,941,000: Provided, That, notwithstanding any other

3 provision of law, there may be credited to this appropria4 tion funds received for publications and training expenses.

5 CONSUMER PRODUCT SAFETY COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Consumer Product Safety

8 Commission, including hire of passenger motor vehicles,

9 services as authorized by 5 U.S.C. 3109, but at rates for

10 individuals not to exceed the per diem rate equivalent to

11 the maximum rate payable under 5 U.S.C. 5376, purchase

12 of nominal awards to recognize non-Federal officials’ con13 tributions to Commission activities, and not to exceed $500

14 for official reception and representation expenses,

15 $63,000,000 of which up to $500,000 shall be used to coordi16 nate with the Administrator of the Environmental Protec17 tion Agency in the Agency’s study pursuant to H.R. 2361,

18 as passed by the Senate in the first session of the 109th

19 Congress, to assess safety risks to both persons and the envi20 ronment with regard to small engines, as required in Public

21 Law 108–199, including real-world scenarios involving,

22 among other things, operator burn, fire due to contact with

23 flammable items, and refueling.
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1 ELECTION ASSISTANCE COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out the Help America

5 Vote Act of 2002, $13,888,000, of which $4,000,000 shall

6 be transferred to the National Institute of Standards and

7 Technology for election reform activities authorized under

8 the Help America Vote Act of 2002.

9 FEDERAL DEPOSIT INSURANCE CORPORATION

10 OFFICE OF 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, as amended, $31,000,000, to be derived from

14 the Bank Insurance Fund, the Savings Association Insur15 ance Fund, and the FSLIC Resolution Fund.

16 FEDERAL ELECTION COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses to carry out the provisions of

19 the Federal Election Campaign Act of 1971, as amended,

20 $54,600,000, of which no less than $4,700,000 shall be

21 available for internal automated data processing systems,

22 and of which not to exceed $5,000 shall be available for re23 ception and representation expenses.
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1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service

6 Reform Act of 1978, including services authorized by 5

7 U.S.C. 3109, and including hire of experts and consultants,

8 hire of passenger motor vehicles, and rental of conference

9 rooms in the District of Columbia and elsewhere,

10 $25,468,000: Provided, That public members of the Federal

11 Service Impasses Panel may be paid travel expenses and

12 per diem in lieu of subsistence as authorized by law (5

13 U.S.C. 5703) for persons employed intermittently in the

14 Government service, and compensation as authorized by 5

15 U.S.C. 3109: Provided further, That notwithstanding 31

16 U.S.C. 3302, funds received from fees charged to non-Fed17 eral participants at labor-management relations con18 ferences shall be credited to and merged with this account,

19 to be available without further appropriation for the costs

20 of carrying out these conferences.

21 FEDERAL MARITIME COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Maritime Com24 mission as authorized by section 201(d) of the Merchant

25 Marine Act, 1936, as amended (46 U.S.C. App. 1111), in-
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1 cluding services as authorized by 5 U.S.C. 3109; hire of pas2 senger motor vehicles as authorized by 31 U.S.C. 1343(b);

3 and uniforms or allowances therefor, as authorized by 5

4 U.S.C. 5901–5902, $20,499,000: Provided, That not to ex5 ceed $2,000 shall be available for official reception and rep6 resentation expenses.

7 GENERAL SERVICES ADMINISTRATION

8 REAL PROPERTY ACTIVITIES

9 FEDERAL BUILDINGS FUND

10 LIMITATIONS ON AVAILABILITY OF REVENUE

11 (INCLUDING TRANSFER OF FUNDS)

12 To carry out the purposes of the Fund established pur13 suant to section 210(f) of the Federal Property and Admin14 istrative Services Act of 1949, as amended (40 U.S.C. 592),

15 the revenues and collections deposited into the Fund shall

16 be available for necessary expenses of real property manage17 ment and related activities not otherwise provided for, in18 cluding operation, maintenance, and protection of federally

19 owned and leased buildings; rental of buildings in the Dis20 trict of Columbia; restoration of leased premises; moving

21 governmental agencies (including space adjustments and

22 telecommunications relocation expenses) in connection with

23 the assignment, allocation and transfer of space; contrac24 tual services incident to cleaning or servicing buildings,

25 and moving; repair and alteration of federally owned build26 ings including grounds, approaches and appurtenances;
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1 care and safeguarding of sites; maintenance, preservation,

2 demolition, and equipment; acquisition of buildings and

3 sites by purchase, condemnation, or as otherwise authorized

4 by law; acquisition of options to purchase buildings and

5 sites; conversion and extension of federally owned buildings;

6 preliminary planning and design of projects by contract or

7 otherwise; construction of new buildings (including equip8 ment for such buildings); and payment of principal, inter9 est, and any other obligations for public buildings acquired

10 by installment purchase and purchase contract; in the ag11 gregate amount of $7,889,745,000, of which: (1)

12 $829,056,000 shall remain available until expended for con13 struction (including funds for sites and expenses and associ14 ated design and construction services) of additional projects

15 at the following locations:

16 New Construction:

17 Alabama:

18 Mobile, United States Courthouse,

19 $2,000,000.

20 Tuscaloosa, Federal Building,

21 $50,000,000.

22 California:

23 San Diego, United States Courthouse,

24 $230,803,000.

25 Colorado:
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1 Lakewood, Denver Federal Center In2 frastructure, $4,658,000.

3 District of Columbia:

4 Coast Guard Consolidation,

5 $24,900,000.

6 St. Elizabeths West Campus Infra7 structure, $13,095,000.

8 Southeast Federal Center Site Remedi9 ation, $15,000,000.

10 Illinois:

11 Rockford Federal Courthouse,

12 $50,000,000.

13 Maine:

14 Calais, Border Station, $50,146,000.

15 Jackman, Border Station, $12,788,000.

16 Maryland:

17 Montgomery County, Food and Drug

18 Administration Consolidation,

19 $127,600,000.

20 Mississippi:

21 Jackson, United States Courthouse,

22 $8,750,000.

23 Missouri:

24 Jefferson City, United States Court25 house, $5,200,000.
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1 New Mexico:

2 Las Cruces, United States Courthouse,

3 $15,000,000.

4 New York:

5 Champlain, Border Station,

6 $52,510,000.

7 Massena, Border Station, $49,783,000.

8 Texas:

9 Austin, United States Courthouse,

10 $3,000,000.

11 Washington:

12 Blaine, Peace Arch Border Station,

13 $46,534,000.

14 Material Price Increases for the following exist15 ing projects: U.S. Mission to the United Nations, New

16 York City, New York; FBI Office, Houston, Texas;

17 Border Station, Del Rio, Texas; United States Court18 house, Cape Girardeau, Missouri; United States

19 Courthouse, El Paso, Texas; and Border Station, El

20 Paso, Texas, $57,789,000.

21 Non-prospectus Construction, $9,500,000:

22 Provided, That each of the foregoing limits of costs on new

23 construction projects may be exceeded to the extent that sav24 ings are effected in other such projects, but not to exceed

25 10 percent, unless advance approval is obtained from the
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1 Committees on Appropriations of a greater amount: Pro2 vided further, That all funds for direct construction projects

3 shall expire on September 30, 2007 and remain in the Fed4 eral Buildings Fund except for funds for projects as to

5 which funds for design or other funds have been obligated

6 in whole or in part prior to such date; (2) $961,376,000

7 shall remain available until expended for repairs and alter8 ations, which includes associated design and construction

9 services:

10 Repairs and Alterations:

11 Arizona:

12 Tucson, James A. Walsh United States

13 Courthouse, $16,136,000.

14 District of Columbia:

15 For transfer to the Navy for certain

16 permanent relocation expenses pursuant to

17 section 1(e) of Public Law 108–268,

18 $2,000,000.

19 Eisenhower Executive Office Building,

20 $133,417,000.

21 Federal Office Building 8, $47,769,000.

22 Heating, Operation, and Transmission

23 District Repair, $18,783,000.

24 Herbert C. Hoover Building,

25 $54,491,000.
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1 Main Interior Federal Building,

2 $41,399,000.

3 Georgia:

4 Atlanta, Martin Luther King, Jr., Fed5 eral Building, $30,129,000.

6 New York:

7 Brooklyn, Emanuel Celler Courthouse,

8 $96,924,000.

9 New York, James Watson Federal

10 Building and United States Courthouse,

11 $9,721,000.

12 Special Emphasis Programs:

13 Chlorofluorocarbons Program, $10,000,000.

14 Energy Program, $28,000,000.

15 Glass Fragmentation Program,

16 $15,700,000.

17 Design Program, $21,915,000.

18 Basic Repairs and Alterations, $434,992,000:

19 Provided further, That funds made available in this or any

20 previous Act in the Federal Buildings Fund for Repairs

21 and Alterations shall, for prospectus projects, be limited to

22 the amount identified for each project, except each project

23 in this or any previous Act may be increased by an amount

24 not to exceed 10 percent of the amounts included in an ap25 proved prospectus, if required, unless advance approval is
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1 obtained from the Committees on Appropriations of a great2 er amount: Provided further, That additional projects for

3 which prospectuses have been fully approved may be funded

4 under this category only if advance approval is obtained

5 from the Committees on Appropriations: Provided further,

6 That the amounts provided in this or any prior Act for

7 ‘‘Repairs and Alterations’’ may be used to fund costs associ8 ated with implementing security improvements to buildings

9 necessary to meet the minimum standards for security in

10 accordance with current law and in compliance with the

11 reprogramming guidelines of the appropriate Committees

12 of the House and Senate: Provided further, That the dif13 ference between the funds appropriated and expended on

14 any projects in this or any prior Act, under the heading

15 ‘‘Repairs and Alterations’’, may be transferred to Basic Re16 pairs and Alterations or used to fund authorized increases

17 in prospectus projects: Provided further, That all funds for

18 repairs and alterations prospectus projects shall expire on

19 September 30, 2007 and remain in the Federal Buildings

20 Fund except funds for projects as to which funds for design

21 or other funds have been obligated in whole or in part prior

22 to such date: Provided further, That the amount provided

23 in this or any prior Act for Basic Repairs and Alterations

24 may be used to pay claims against the Government arising

25 from any projects under the heading ‘‘Repairs and Alter-
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1 ations’’ or used to fund authorized increases in prospectus

2 projects; (3) $168,180,000 for installment acquisition pay3 ments including payments on purchase contracts which

4 shall remain available until expended; (4) $4,046,031,000

5 for rental of space which shall remain available until ex6 pended; and (5) $1,885,102,000 for building operations

7 which shall remain available until expended: Provided fur8 ther, That funds available to the General Services Adminis9 tration shall not be available for expenses of any construc10 tion, repair, alteration and acquisition project for which

11 a prospectus, if required by the Public Buildings Act of

12 1959, as amended, has not been approved, except that nec13 essary funds may be expended for each project for required

14 expenses for the development of a proposed prospectus: Pro15 vided further, That funds available in the Federal Buildings

16 Fund may be expended for emergency repairs when advance

17 approval is obtained from the Committees on Appropria18 tions: Provided further, That, notwithstanding any other

19 provision of law, the Administrator of the General Services

20 Administration is authorized and directed to proceed with

21 site, design, acquisition, and construction for a new court22 house in Jefferson City, Missouri, of which planning and

23 design funding is provided in this Act: Provided further,

24 That the courthouse in Jefferson, Missouri is a demonstra25 tion project that will be part of a larger judicial complex
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1 that will include the renovation and preservation of the ex2 isting historic United States Post Office and Courthouse as

3 well as for implementing a new innovative fund process

4 that will include the renovation and preservation of the ex5 isting historic United States Post Office and Courthouse:

6 Provided further, That amounts necessary to provide reim7 bursable special services to other agencies under section

8 210(f)(6) of the Federal Property and Administrative Serv9 ices Act of 1949, as amended (40 U.S.C. 592(b)(2)) and

10 amounts to provide such reimbursable fencing, lighting,

11 guard booths, and other facilities on private or other prop12 erty not in Government ownership or control as may be

13 appropriate to enable the United States Secret Service to

14 perform its protective functions pursuant to 18 U.S.C.

15 3056, shall be available from such revenues and collections:

16 Provided further, That revenues and collections and any

17 other sums accruing to this Fund during fiscal year 2006,

18 excluding reimbursements under section 210(f)(6) of the

19 Federal Property and Administrative Services Act of 1949

20 (40 U.S.C. 592(b)(2)) in excess of the aggregate new

21 obligational authority authorized for Real Property Activi22 ties of the Federal Buildings Fund in this Act shall remain

23 in the Fund and shall not be available for expenditure ex24 cept as authorized in appropriations Acts.
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1 GENERAL ACTIVITIES

2 GOVERNMENT-WIDE POLICY

3 For expenses authorized by law, not otherwise provided

4 for, for Government-wide policy and evaluation activities

5 associated with the management of real and personal prop6 erty assets and certain administrative services; Govern7 ment-wide policy support responsibilities relating to acqui8 sition, telecommunications, information technology man9 agement, and related technology activities; and services as

10 authorized by 5 U.S.C. 3109, $52,796,000.

11 OPERATING EXPENSES

12 For expenses authorized by law, not otherwise provided

13 for, for Government-wide activities associated with utiliza14 tion and donation of surplus personal property; disposal

15 of real property; providing Internet access to Federal infor16 mation and services; agency-wide policy direction and

17 management, and Board of Contract Appeals; accounting,

18 records management, and other support services incident to

19 adjudication of Indian Tribal Claims by the United States

20 Court of Federal Claims; services as authorized by 5 U.S.C.

21 3109; and not to exceed $7,500 for official reception and

22 representation expenses, $99,890,000.

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector Gen25 eral and service authorized by 5 U.S.C. 3109, $43,410,000:

26 Provided, That not to exceed $15,000 shall be available for
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1 payment for information and detection of fraud against the

2 Government, including payment for recovery of stolen Gov3 ernment property: Provided further, That not to exceed

4 $2,500 shall be available for awards to employees of other

5 Federal agencies and private citizens in recognition of ef6 forts and initiatives resulting in enhanced Office of Inspec7 tor General effectiveness.

8 ELECTRONIC GOVERNMENT FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses in support of interagency

11 projects that enable the Federal Government to expand its

12 ability to conduct activities electronically, through the de13 velopment and implementation of innovative uses of the

14 Internet and other electronic methods, $5,000,000, to re15 main available until expended: Provided, That these funds

16 may be transferred to Federal agencies to carry out the pur17 poses of the Fund: Provided further, That such transfers

18 may not be made until 10 days after a proposed spending

19 plan and justification for each project to be undertaken has

20 been submitted to the Committees on Appropriations: Pro21 vided further, That for purposes of the eTravel system no

22 less than 23 percent of all contracted dollars shall be allo23 cated to small businesses.
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1 ALLOWANCES AND OFFICE STAFF FOR FORMER

2 PRESIDENTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out the provisions of the Act of August

5 25, 1958, as amended (3 U.S.C. 102 note), and Public Law

6 95–138, $2,952,000: Provided, That the Administrator of

7 General Services shall transfer to the Secretary of the Treas8 ury such sums as may be necessary to carry out the provi9 sions of such Acts.

10 FEDERAL CITIZEN INFORMATION CENTER FUND

11 For necessary expenses of the Federal Citizen Informa12 tion Center, including services authorized by 5 U.S.C. 3109,

13 $15,000,000, to be deposited into the Federal Citizen Infor14 mation Center Fund: Provided, That the appropriations,

15 revenues, and collections deposited into the Fund shall be

16 available for necessary expenses of Federal Citizen Informa17 tion Center activities in the aggregate amount not to exceed

18 $32,000,000. Appropriations, revenues, and collections ac19 cruing to this Fund during fiscal year 2006 in excess of

20 such amount shall remain in the Fund and shall not be

21 available for expenditure except as authorized in appro22 priations Acts.
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1 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 (INCLUDING RECISSION OF FUNDS)

4 SEC. 600. The appropriate appropriation or fund

5 available to the General Services Administration shall be

6 credited with the cost of operation, protection, maintenance,

7 upkeep, repair, and improvement, included as part of rent8 als received from Government corporations pursuant to law

9 (40 U.S.C. 129).

10 SEC. 601. Funds available to the General Services Ad11 ministration shall be available for the hire of passenger

12 motor vehicles.

13 SEC. 602. Funds in the Federal Buildings Fund made

14 available for fiscal year 2006 for Federal Buildings Fund

15 activities may be transferred between such activities only

16 to the extent necessary to meet program requirements: Pro17 vided, That any proposed transfers shall be approved in ad18 vance by the Committees on Appropriations.

19 SEC. 603. No funds made available by this Act shall

20 be used to transmit a fiscal year 2007 request for United

21 States Courthouse construction that: (1) does not meet the

22 design guide standards for construction as established and

23 approved by the General Services Administration, the Judi24 cial Conference of the United States, and the Office of Man25 agement and Budget; and (2) does not reflect the priorities

26 of the Judicial Conference of the United States as set out
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1 in its approved 5-year construction plan: Provided, That

2 the fiscal year 2007 request must be accompanied by a

3 standardized courtroom utilization study of each facility to

4 be constructed, replaced, or expanded.

5 SEC. 604. None of the funds provided in this Act may

6 be used to increase the amount of occupiable square feet,

7 provide cleaning services, security enhancements, or any

8 other service usually provided through the Federal Build9 ings Fund, to any agency that does not pay the rate per

10 square foot assessment for space and services as determined

11 by the General Services Administration in compliance with

12 the Public Buildings Amendments Act of 1972 (Public Law

13 92–313).

14 SEC. 605. From funds made available under the head15 ing ‘‘Federal Buildings Fund, Limitations on Availability

16 of Revenue’’, claims against the Government of less than

17 $250,000 arising from direct construction projects and ac18 quisition of buildings may be liquidated from savings ef19 fected in other construction projects with prior notification

20 to the Committees on Appropriations.

21 SEC. 606. The General Services Administration shall

22 conduct a program to promote the use of stairs in all Fed23 eral buildings.

24 SEC. 607. No funds shall be used by the General Serv25 ices Administration to reorganize its organizational struc-
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1 ture without approval by the House and Senate Committees

2 on Appropriations through an operating plan change.

3 SEC. 608. The Administrator of General Services shall

4 require that all credible sustainable building rating systems

5 that award credits for certified wood products in the rating

6 system, be included in the published building design criteria

7 or specifications of any solicitation for offers issued by the

8 General Services Administration (GSA) for construction of

9 a Federal building or courthouse: Provided, That the Ad10 ministrator may only consider sustainable forest manage11 ment certification programs that are currently in use in

12 the United States and consistent with the Federal govern13 ment’s goals of environmental stewardship: Provided fur14 ther, That not later than 90 days after enactment of this

15 Act, the Administrator shall report to the relevant congres16 sional committees of jurisdiction on the appropriateness of

17 individual forest management certification programs for

18 use within GSA’s sustainable building program, including

19 a schedule for incorporating any additional such programs

20 into the system through regulations.

21 MERIT SYSTEMS PROTECTION BOARD

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses to carry out functions of the

25 Merit Systems Protection Board pursuant to Reorganiza26 tion Plan Numbered 2 of 1978, the Civil Service Reform
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1 Act of 1978, and the Whistleblower Protection Act of 1989

2 (5 U.S.C. 5509 note), as amended, including services as au3 thorized by 5 U.S.C. 3109, rental of conference rooms in

4 the District of Columbia and elsewhere, hire of passenger

5 motor vehicles, direct procurement of survey printing, and

6 not to exceed $2,000 for official reception and representa7 tion expenses, $35,600,000 together with not to exceed

8 $2,605,000 for administrative expenses to adjudicate retire9 ment appeals to be transferred from the Civil Service Re10 tirement and Disability Fund in amounts determined by

11 the Merit Systems Protection Board.

12 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

13 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

14 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

15 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For payment to the Morris K. Udall Scholarship and

18 Excellence in National Environmental Policy Trust Fund,

19 pursuant to the Morris K. Udall Scholarship and Excellence

20 in National Environmental and Native American Public

21 Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000,

22 to remain available until expended, of which up to $50,000

23 shall be used to conduct financial audits pursuant to the

24 Accountability of Tax Dollars Act of 2002 (Public Law

25 107–289) notwithstanding sections 8 and 9 of Public Law

26 102–259: Provided, That up to 60 percent of such funds
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1 may be transferred by the Morris K. Udall Scholarship and

2 Excellence in National Environmental Policy Foundation

3 for the necessary expenses of the Native Nations Institute.

4 ENVIRONMENTAL DISPUTE RESOLUTION FUND

5 For payment to the Environmental Dispute Resolution

6 Fund to carry out activities authorized in the Environ7 mental Policy and Conflict Resolution Act of 1998,

8 $1,000,000, to remain available until expended.

9 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

10 OPERATING EXPENSES

11 For necessary expenses in connection with the admin12 istration of the National Archives and Records Administra13 tion (including the Information Security Oversight Office)

14 and archived Federal records and related activities, as pro15 vided by law, and for expenses necessary for the review and

16 declassification of documents, and for the hire of passenger

17 motor vehicles, $280,975,000: Provided, That the Archivist

18 of the United States is authorized to use any excess funds

19 available from the amount borrowed for construction of the

20 National Archives facility, for expenses necessary to provide

21 adequate storage for holdings.

22 ELECTRONIC RECORDS ARCHIVES

23 For necessary expenses in connection with the develop24 ment of the electronic records archives, to include all direct

25 project costs associated with research, analysis, design, de26 velopment, and program management, $38,914,000: Pro-
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1 vided, That none of these funds may be obligated until the

2 National Archives and Records Administration submits to

3 the Committees on Appropriations, and such Committees

4 approve, a plan for expenditure that: (1) meets the capital

5 planning and investment control review requirements estab6 lished by the Office of Management and Budget, including

7 Circular A–11; (2) complies with the National Archives and

8 Records Administration’s enterprise architecture; (3) con9 forms with the National Archives and Records Administra10 tion’s enterprise life cycle methodology; (4) is approved by

11 the National Archives and Records Administration and the

12 Office of Management and Budget; (5) has been reviewed

13 by the Government Accountability Office; and (6) complies

14 with the acquisition rules, requirements, guidelines, and

15 systems acquisition management practices of the Federal

16 Government.

17 REPAIRS AND RESTORATION

18 For the repair, alteration, and improvement of ar19 chives facilities, and to provide adequate storage for hold20 ings, $11,682,000, to remain available until expended, of

21 which $2,500,000 is to construct a new regional archives

22 and records facility in Anchorage, Alaska, and of which

23 $2,000,000 is for the repair and restoration of the plaza

24 that surrounds the Lyndon Baines Johnson Presidential Li25 brary that is under the joint control and custody of the Uni26 versity of Texas: Provided, That such funds may be trans-
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1 ferred directly to the University and used, together with

2 University funds, for repair and restoration of the plaza

3 and remain available until expended for this purpose: Pro4 vided further, That such funds shall be spent in accordance

5 with the construction plan submitted to the Committees on

6 Appropriations on March 14, 2005: Provided further, That

7 the Archivist shall be prohibited from entering into any

8 agreement with the University or any other party that re9 quires additional funding commitments on behalf of the

10 Federal Government.

11 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

12 COMMISSION

13 GRANTS PROGRAM

14 For necessary expenses for allocations and grants for

15 historical publications and records as authorized by 44

16 U.S.C. 2504, as amended, $5,000,000, to remain available

17 until expended.

18 NATIONAL CREDIT UNION ADMINISTRATION

19 CENTRAL LIQUIDITY FACILITY

20 (INCLUDING TRANSFER OF FUNDS)

21 During fiscal year 2006, gross obligations of the Cen22 tral Liquidity Facility for the principal amount of new di23 rect loans to member credit unions, as authorized by 12

24 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro25 vided, That administrative expenses of the Central Liquid26 ity Facility in fiscal year 2006 shall not exceed $323,000.
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1 COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING

2 LOAN FUND

3 For the Community Development Revolving Loan

4 Fund program as authorized by 42 U.S.C. 9812, 9822 and

5 9910, $950,000 shall be available until September 30, 2007

6 for technical assistance to low-income designated credit

7 unions, and amounts of principal and interest on loans re8 paid shall be available until expended for low-income des9 ignated credit unions.

10 NATIONAL TRANSPORTATION SAFETY BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the National Transportation

13 Safety Board, including hire of passenger motor vehicles

14 and aircraft; services as authorized by 5 U.S.C. 3109, but

15 at rates for individuals not to exceed the per diem rate

16 equivalent to the rate for a GS–15; uniforms, or allowances

17 therefor, as authorized by law (5 U.S.C. 5901–5902)

18 $76,700,000, of which not to exceed $2,000 may be used for

19 official reception and representation expenses.

20 (RESCISSION)

21 Of the available unobligated balances made available

22 under Public Law 106–246, $1,000,000 are rescinded.
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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, as

6 authorized by the Neighborhood Reinvestment Corporation

7 Act (42 U.S.C. 8101–8107), $115,000,000, of which

8 $5,000,000 shall be for a multi-family rental housing pro9 gram.

10 OFFICE OF GOVERNMENT ETHICS

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Office of Government Ethics pursuant to the Ethics in Gov14 ernment Act of 1978, as amended and the Ethics Reform

15 Act of 1989, including services as authorized by 5 U.S.C.

16 3109, rental of conference rooms in the District of Columbia

17 and elsewhere, hire of passenger motor vehicles, and not to

18 exceed $1,500 for official reception and representation ex19 penses, $11,148,000.

20 OFFICE OF PERSONNEL MANAGEMENT

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF TRUST FUNDS)

23 For necessary expenses to carry out functions of the

24 Office of Personnel Management pursuant to Reorganiza25 tion Plan Numbered 2 of 1978 and the Civil Service Reform

26 Act of 1978, including services as authorized by 5 U.S.C.
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1 3109; medical examinations performed for veterans by pri2 vate physicians on a fee basis; rental of conference rooms

3 in the District of Columbia and elsewhere; hire of passenger

4 motor vehicles; not to exceed $2,500 for official reception

5 and representation expenses; advances for reimbursements

6 to applicable funds of the Office of Personnel Management

7 and the Federal Bureau of Investigation for expenses in8 curred under Executive Order No. 10422 of January 9,

9 1953, as amended; and payment of per diem and/or subsist10 ence allowances to employees where Voting Rights Act ac11 tivities require an employee to remain overnight at his or

12 her post of duty, $124,521,000, of which $6,983,000 shall

13 remain available until expended for the Enterprise Human

14 Resources Integration project; $1,450,000 shall remain

15 available until expended for the Human Resources Line of

16 Business project; $500,000 shall remain available until ex17 pended for the E-Training project; and $1,412,000 shall re18 main available until expended until September 30, 2007

19 for the E-Payroll project; and in addition $100,017,000 for

20 administrative expenses, to be transferred from the appro21 priate trust funds of the Office of Personnel Management

22 without regard to other statutes, including direct procure23 ment of printed materials, for the retirement and insurance

24 programs: Provided, That the provisions of this appropria25 tion shall not affect the authority to use applicable trust
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1 funds as provided by sections 8348(a)(1)(B), and

2 9004(f)(2)(A) of title 5, United States Code: Provided fur3 ther, That no part of this appropriation shall be available

4 for salaries and expenses of the Legal Examining Unit of

5 the Office of Personnel Management established pursuant

6 to Executive Order No. 9358 of July 1, 1943, or any suc7 cessor unit of like purpose: Provided further, That the Presi8 dent’s Commission on White House Fellows, established by

9 Executive Order No. 11183 of October 3, 1964, may, during

10 fiscal year 2006, accept donations of money, property, and

11 personal services: Provided further, That such donations,

12 including those from prior years, may be used for the devel13 opment of publicity materials to provide information about

14 the White House Fellows, except that no such donations

15 shall be accepted for travel or reimbursement of travel ex16 penses, or for the salaries of employees of such Commission.

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF TRUST FUNDS)

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the provisions of the Inspector General

22 Act, as amended, including services as authorized by 5

23 U.S.C. 3109, hire of passenger motor vehicles, $1,614,000,

24 and in addition, not to exceed $16,329,000 for administra25 tive expenses to audit, investigate, and provide other over26 sight of the Office of Personnel Management’s retirement
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1 and insurance programs, to be transferred from the appro2 priate trust funds of the Office of Personnel Management,

3 as determined by the Inspector General: Provided, That the

4 Inspector General is authorized to rent conference rooms in

5 the District of Columbia and elsewhere.

6 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

7 HEALTH BENEFITS

8 For payment of Government contributions with respect

9 to retired employees, as authorized by chapter 89 of title

10 5, United States Code, and the Retired Federal Employees

11 Health Benefits Act (74 Stat. 849), as amended, such sums

12 as may be necessary.

13 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

14 INSURANCE

15 For payment of Government contributions with respect

16 to employees retiring after December 31, 1989, as required

17 by chapter 87 of title 5, United States Code, such sums as

18 may be necessary.

19 PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY

20 FUND

21 For financing the unfunded liability of new and in22 creased annuity benefits becoming effective on or after Octo23 ber 20, 1969, as authorized by 5 U.S.C. 8348, and annuities

24 under special Acts to be credited to the Civil Service Retire25 ment and Disability Fund, such sums as may be necessary:

26 Provided, That annuities authorized by the Act of May 29,
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1 1944, as amended, and the Act of August 19, 1950, as

2 amended (33 U.S.C. 771–775), may hereafter be paid out

3 of the Civil Service Retirement and Disability Fund.

4 OFFICE OF SPECIAL COUNSEL

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out functions of the

7 Office of Special Counsel pursuant to Reorganization Plan

8 Numbered 2 of 1978, the Civil Service Reform Act of 1978

9 (Public Law 95–454), as amended, the Whistleblower Pro10 tection Act of 1989 (Public Law 101–12), as amended, Pub11 lic Law 107–304, and the Uniformed Services Employment

12 and Reemployment Act of 1994 (Public Law 103–353), in13 cluding services as authorized by 5 U.S.C. 3109, payment

14 of fees and expenses for witnesses, rental of conference rooms

15 in the District of Columbia and elsewhere, and hire of pas16 senger motor vehicles; $15,325,000.

17 SELECTIVE SERVICE SYSTEM

18 SALARIES AND EXPENSES

19 For necessary expenses of the Selective Service System,

20 including expenses of attendance at meetings and of train21 ing for uniformed personnel assigned to the Selective Serv22 ice System, as authorized by 5 U.S.C. 4101–4118 for civil23 ian employees; purchase of uniforms, or allowances therefor,

24 as authorized by 5 U.S.C. 5901–5902; hire of passenger

25 motor vehicles; services as authorized by 5 U.S.C. 3109; and
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1 not to exceed $750 for official reception and representation

2 expenses; $25,650,000: Provided, That during the current

3 fiscal year, the President may exempt this appropriation

4 from the provisions of 31 U.S.C. 1341, whenever the Presi5 dent deems such action to be necessary in the interest of

6 national defense: Provided further, That none of the funds

7 appropriated by this Act may be expended for or in connec8 tion with the induction of any person into the Armed Forces

9 of the United States.

10 UNITED STATES INTERAGENCY COUNCIL ON

11 HOMELESSNESS

12 OPERATING EXPENSES

13 For necessary expenses (including payment of salaries,

14 authorized travel, hire of passenger motor vehicles, the rent15 al of conference rooms, and the employment of experts and

16 consultants under section 3109 of title 5, United States

17 Code) of the United States Interagency Council on Home18 lessness in carrying out the functions pursuant to title II

19 of the McKinney-Vento Homeless Assistance Act, as amend20 ed, $1,800,000.

21 Title II of the McKinney-Vento Homeless Assistance

22 Act, as amended, is amended in section 209 by striking

23 ‘‘2005’’ and inserting ‘‘2012’’.
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1 UNITED STATES POSTAL SERVICE

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue

4 forgone on free and reduced rate mail, pursuant to sub5 sections (c) and (d) of section 2401 of title 39, United States

6 Code, $116,350,000, of which $87,350,000 shall not be

7 available for obligation until October 1, 2006: Provided,

8 That mail for overseas voting and mail for the blind shall

9 continue to be free: Provided further, That 6-day delivery

10 and rural delivery of mail shall continue without reduction:

11 Provided further, That none of the funds made available

12 to the Postal Service by this Act shall be used to implement

13 any rule, regulation, or policy of charging any officer or

14 employee of any State or local child support enforcement

15 agency, or any individual participating in a State or local

16 program of child support enforcement, a fee for information

17 requested or provided concerning an address of a postal cus18 tomer: Provided further, That none of the funds provided

19 in this Act shall be used to consolidate or close small rural

20 and other small post offices in fiscal year 2006.

21 UNITED STATES TAX COURT

22 SALARIES AND EXPENSES

23 For necessary expenses, including contract reporting

24 and other services as authorized by 5 U.S.C. 3109,
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1 $47,998,000: Provided, That travel expenses of the judges

2 shall be paid upon the written certificate of the judge.

3 TITLE VII—GENERAL PROVISIONS THIS ACT

4 (INCLUDING TRANSFERS OF FUNDS)

5 SEC. 700. Such sums as may be necessary for fiscal

6 year 2006 pay raises for programs funded in this Act shall

7 be absorbed within the levels appropriated in this Act or

8 previous appropriations Acts.

9 SEC. 701. None of the funds in this Act shall be used

10 for the planning or execution of any program to pay the

11 expenses of, or otherwise compensate, non-Federal parties

12 intervening in regulatory or adjudicatory proceedings fund13 ed in this Act.

14 SEC. 702. None of the funds appropriated in this Act

15 shall remain available for obligation beyond the current fis16 cal year, nor may any be transferred to other appropria17 tions, unless expressly so provided herein.

18 SEC. 703. The expenditure of any appropriation under

19 this Act for any consulting service through procurement

20 contract pursuant to section 3109 of title 5, United States

21 Code, shall be limited to those contracts where such expendi22 tures are a matter of public record and available for public

23 inspection, except where otherwise provided under existing

24 law, or under existing Executive order issued pursuant to

25 existing law.
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1 SEC. 704. None of the funds made available in this

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except pur4 suant to a transfer made by, or transfer authority provided

5 in, this Act or any other appropriations Act.

6 SEC. 705. None of the funds made available by this

7 Act shall be available for any activity or for paying the

8 salary of any Government employee where funding an ac9 tivity or paying a salary to a Government employee would

10 result in a decision, determination, rule, regulation, or pol11 icy that would prohibit the enforcement of section 307 of

12 the Tariff Act of 1930 (19 U.S.C. 1307).

13 SEC. 706. No part of any appropriation contained in

14 this Act shall be available to pay the salary for any person

15 filling a position, other than a temporary position, formerly

16 held by an employee who has left to enter the Armed Forces

17 of the United States and has satisfactorily completed his

18 period of active military or naval service, and has within

19 90 days after his release from such service or from hos20 pitalization continuing after discharge for a period of not

21 more than 1 year, made application for restoration to his

22 former position and has been certified by the Office of Per23 sonnel Management as still qualified to perform the duties

24 of his former position and has not been restored thereto.
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1 SEC. 707. No funds appropriated pursuant to this Act

2 may be expended by an entity unless the entity agrees that

3 in expending the assistance the entity will comply with sec4 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.

5 10a–10c, popularly known as the ‘‘Buy American Act’’).

6 SEC. 708. No funds appropriated or otherwise made

7 available under this Act shall be made available to any per8 son or entity that has been convicted of violating the Buy

9 American Act (41 U.S.C. 10a–10c).

10 SEC. 709. None of the funds provided in this Act, pro11 vided by previous appropriations Acts to the agencies or

12 entities funded in this Act that remain available for obliga13 tion or expenditure in fiscal year 2006, or provided from

14 any accounts in the Treasury derived by the collection of

15 fees and available to the agencies funded by this Act, shall

16 be available for obligation or expenditure through a re17 programming of funds that: (1) creates a new program; (2)

18 eliminates a program, project, or activity; (3) increases

19 funds or personnel for any program, project, or activity for

20 which funds have been denied or restricted by the Congress;

21 (4) proposes to use funds directed for a specific activity by

22 either the House or Senate Committees on Appropriations

23 for a different purpose; (5) augments existing programs,

24 projects, or activities in excess of $5,000,000 or 10 percent,

25 whichever is less; (6) reduces existing programs, projects,
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1 or activities by $5,000,000 or 10 percent, whichever is less;

2 or (7) creates, reorganizes, or restructures a branch, divi3 sion, office, bureau, board, commission, agency, administra4 tion, or department different from the budget justifications

5 submitted to the Committees on Appropriations or the table

6 accompanying the statement of the managers accompanying

7 this Act, whichever is more detailed, unless prior approval

8 is received from the House and Senate Committees on Ap9 propriations: Provided, That not later than 60 days after

10 the date of enactment of this Act, each agency funded by

11 this Act shall submit a report to the Committee on Appro12 priations of the Senate and of the House of Representatives

13 to establish the baseline for application of reprogramming

14 and transfer authorities for the current fiscal year: Pro15 vided further, That the report shall include: (1) a table for

16 each appropriation with a separate column to display the

17 President’s budget request, adjustments made by Congress,

18 adjustments due to enacted rescissions, if appropriate, and

19 the fiscal year enacted level; (2) a delineation in the table

20 for each appropriation both by object class and program,

21 project, and activity as detailed in the budget appendix for

22 the respective appropriation; and (3) an identification of

23 items of special congressional interest: Provided further,

24 That the amount appropriated or limited for salaries and

25 expenses for an agency shall be reduced by $100,000 per
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1 day for each day after the required date that the report has

2 not been submitted to the Congress.

3 SEC. 710. Except as otherwise specifically provided by

4 law, not to exceed 50 percent of unobligated balances re5 maining available at the end of fiscal year 2006 from ap6 propriations made available for salaries and expenses for

7 fiscal year 2006 in this Act, shall remain available through

8 September 30, 2007, for each such account for the purposes

9 authorized: Provided, That a request shall be submitted to

10 the Committees on Appropriations for approval prior to the

11 expenditure of such funds: Provided further, That these re12 quests shall be made in compliance with reprogramming

13 guidelines.

14 SEC. 711. None of the funds made available in this

15 Act may be used by the Executive Office of the President

16 to request from the Federal Bureau of Investigation any of17 ficial background investigation report on any individual,

18 except when—

19 (1) such individual has given his or her express

20 written consent for such request not more than 6

21 months prior to the date of such request and during

22 the same presidential administration; or

23 (2) such request is required due to extraordinary

24 circumstances involving national security.
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1 SEC. 712. The cost accounting standards promulgated

2 under section 26 of the Office of Federal Procurement Policy

3 Act (Public Law 93–400; 41 U.S.C. 422) shall not apply

4 with respect to a contract under the Federal Employees

5 Health Benefits Program established under chapter 89 of

6 title 5, United States Code.

7 SEC. 713. For the purpose of resolving litigation and

8 implementing any settlement agreements regarding the non9 foreign area cost-of-living allowance program, the Office of

10 Personnel Management may accept and utilize (without re11 gard to any restriction on unanticipated travel expenses

12 imposed in an Appropriations Act) funds made available

13 to the Office pursuant to court approval.

14 SEC. 714. In order to promote Government access to

15 commercial information technology, the restriction on pur16 chasing nondomestic articles, materials, and supplies set

17 forth in the Buy American Act (41 U.S.C. 10a et seq.), shall

18 not apply to the acquisition by the Federal Government of

19 information technology (as defined in section 11101 of title

20 40, United States Code), that is a commercial item (as de21 fined in section 4(12) of the Office of Federal Procurement

22 Policy Act (41 U.S.C. 403(12)).

23 SEC. 715. None of the funds made available under this

24 Act may be obligated or expended to establish or implement

25 a pilot program under which not more than 10 designated
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1 essential air service communities located in proximity to

2 hub airports are required to assume 10 percent of their es3 sential air subsidy costs for a 4-year period commonly re4 ferred to as the EAS local participation program.

5 SEC. 716. From funds made available in this Act

6 under the headings ‘‘White House Office’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and Res8 toration’’, ‘‘Council of Economic Advisors’’, ‘‘National Se9 curity Council’’, ‘‘Office of Administration’’, ‘‘Office of

10 Management and Budget’’, ‘‘Office of National Drug Con11 trol Policy’’, ‘‘Special Assistance to the President’’, and

12 ‘‘Official Residence of the Vice President’’, the Director of

13 the Office of Management and Budget (or such other officer

14 as the President may designate in writing), may, fifteen

15 days after giving notice to the House and Senate Commit16 tees on Appropriations, transfer not to exceed 10 percent

17 of any such appropriation to any other such appropriation,

18 to be merged with and available for the same time and for

19 the same purposes as the appropriation to which trans20 ferred: Provided, That the amount of an appropriation shall

21 not be increased by more than 50 percent by such transfers:

22 Provided further, That no amount shall be transferred from

23 ‘‘Special Assistance to the President’’ or ‘‘Official Residence

24 of the Vice President’’ without the approval of the Vice

25 President.
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1 SEC. 717. All Federal agencies and departments that

2 are funded under this Act shall issue quarterly reports to

3 the House and Senate Committees on Appropriations on

4 all sole source contracts. Such report shall include the con5 tractor, the amount of the contract and the rationale for

6 using a sole source contract. Each Federal agency and de7 partment shall publish this information quarterly in the

8 Federal Register.

9 SEC. 718. The Secretary of the Treasury may transfer

10 funds from within Treasury accounts for any costs nec11 essary to pay for both career and non-career Senior Execu12 tive Service positions and support staff in locations of eco13 nomic strategic interest throughout the world. Such posi14 tions would be used to advocate potions of interest to the

15 United States Government, including open and fair finan16 cial markets, consistent with the Secretary’s obligation

17 under the Gold Reserve Act of 1934 (48 Stat. 337) to pro18 mote orderly exchange arrangements and an orderly system

19 of exchange rates. Any transfer shall not be made available

20 until approved in an operating plan request by the House

21 and Senate Committees on Appropriations.

22 SEC. 719. None of the funds made available in this

23 Act may be used to administer, implement, or enforce the

24 amendment made to section 515.533 of title 31, Code of Fed-
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1 eral Regulations, that was published in the Federal Register

2 on February 25, 2005.

3 SEC. 720. Notwithstanding any other provision of law,

4 hereafter, neither the Board of Governors of the Federal Re5 serve System nor the Secretary of the Treasury may deter6 mine, by rule, regulation, order, or otherwise, for purposes

7 of section 4(K) of the Bank Holding Company Act of 1956,

8 or section 5136A of the Revised Statutes of the United

9 States, that real estate brokerage activity or real estate

10 management activity (which, for purposes of this para11 graph shall be defined to mean ‘‘real estate brokerage’’ and

12 ‘‘property management’’ respectively, as those terms were

13 understood by the Federal Reserve Board prior to March

14 11, 2000) is an activity that is financial in nature, is inci15 dental to any financial activity, or is complementary to

16 a financial activity. For purposes of this paragraph, ‘‘real

17 estate brokerage activity’’ shall mean ‘‘real estate broker18 age’’, and ‘‘real estate management activity’’ shall mean

19 ‘‘property management’’, as those terms were understood by

20 the Federal Reserve Board prior to March 11, 2000.

21 SEC. 721. None of the funds in this Act or otherwise

22 available to the Secretary of the Treasury from any source

23 may be expended to implement a reimbursable agreement

24 pursuant to section 517 of H.R. 2360, as adopted by the

25 United States Senate on July 14, 2005.
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1 SEC. 722. REPEAL OF INCREASE IN MICRO-PURCHASE

2 THRESHOLD.

3 Section 101 of the Second Emergency Supplemental

4 Appropriations Act to Meet Immediate Needs Arising From

5 the Consequences of Hurricane Katrina, 2005 (Public Law

6 109–62; 119 Stat. 1992) is repealed.

7 SEC. 723. The United States Interagency Council on

8 Homelessness shall conduct an assessment of the guidance

9 disseminated by the Department of Education, the Depart10 ment of Housing and Urban Development, and other related

11 Federal agencies for grantees of homeless assistance pro12 grams on whether such guidance is consistent with and does

13 not restrict the exercise of education rights provided to par14 ents, youth, and children under subtitle B of title VII of

15 the McKinney-Vento Act: Provided, That such assessment

16 shall address whether the practices, outreach, and training

17 efforts of said agencies serve to protect and advance such

18 rights: Provided further, That the Council shall submit to

19 the House and Senate Committees on Appropriations an

20 interim report by May 1, 2006, and a final report by Sep21 tember 1, 2006.

22 SEC. 724. REPORT ON EVERGREEN TERRACE.—(a) IN

23 GENERAL.—The Secretary of Housing and Urban Develop24 ment shall conduct a study and prepare a report that de25 scribes the progress, if any, in improving the living condi-
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1 tions of the tenants of the Evergreen Terrace I and Ever2 green Terrace II housing complexes located in Joliet, Illi3 nois, by the owners of such complexes.

4 (b) INTERIM REPORT.—Not later than 6 months after

5 the date of enactment of this Act, the Secretary of Housing

6 and Urban Development shall submit to Congress an in7 terim report on the findings of the study required under

8 subsection (a).

9 (c) FINAL REPORT.—Not later than 12 months after

10 the date of enactment of this Act, the Secretary of Housing

11 and Urban Development shall submit to Congress a final

12 report that describes—

13 (1) the findings of the study required under sub14 section (a); and

15 (2) any conclusions and recommendations of

16 such study.

17 SEC. 725. ALL-TERRAIN VEHICLES.—(a) IN GEN18 ERAL.—Notwithstanding any other provision of law, it is

19 unlawful for any manufacturer or wholesale distributor to

20 distribute in commerce in the United States any new as21 sembled or unassembled ATV unless—

22 (1)(A) with respect to an ATV designed for use

23 by single operator only, such ATV complies with any

24 applicable provision of—
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1 (i) the American National Standard for

2 Four Wheel All-Terrain Vehicles – Equipment,

3 Configuration, and Performance Requirements

4 developed by the Specialty Vehicle Institute of

5 America (American National Standard ANSI/

6 SVIA–1–2001);

7 (ii) a revision of such Standard; or

8 (iii) a mandatory rule promulgated by the

9 Consumer Product Safety Commission; or

10 (iv) such alternative standard that may be

11 accepted by the Commission; or

12 (B) with respect to an ATV designed for use by

13 an operator and passengers, such ATV complies with

14 any applicable provisions of any future American

15 National Standard developed for such vehicles or such

16 alternative standard that may be accepted by the

17 Commission;

18 (2) with respect to an ATV, it is subject to or

19 covered by a letter of undertaking or an ATV action

20 plan that is sent not more than 30 days after the date

21 of enactment of this Act—

22 (A) applies to such ATV;

23 (B) includes actions to promote ATV safety;

24 and
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1 (C) has been approved by the Commission

2 and is substantially implemented at the time of

3 the distribution in commerce of such ATV; and

4 (3) such ATV bears a permanent label certifying

5 that it complies with the provisions of paragraphs (1)

6 and (2).

7 (b) DEFINITIONS.—In this section:

8 (1) ATV.—The term ‘‘ATV’’ means any motor9 ized, off-highway, all-terrain vehicle designed to travel

10 on 4 wheels, having a seat designed to be straddled by

11 the operator and handlebars for steering control and

12 does not include a prototype of an motorized, off-high13 way, all-terrain vehicle or other off-highway, all-ter14 rain vehicle that is intended exclusively for research

15 and development purposes.

16 (2) COMMISSION, DISTRIBUTION IN COMMERCE,

17 TO DISTRIBUTE IN COMMERCE, UNITED STATES.—The

18 terms ‘‘Commission’’, ‘‘distribution in commerce’’, ‘‘to

19 distribute in commerce’’, and ‘‘United States’’ have

20 the meaning given those terms in section 3(a) of the

21 Consumer Product Safety Act (15 U.S.C. 2052(a)).

22 (c) VIOLATION OF CPSA.—Any violation of subsection

23 (a) shall be considered to be a prohibited act within the

24 meaning of section 19 of the Consumer Product Safety Act

25 (15 U.S.C. 2068) and shall be subject to the penalties and
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1 remedies available for prohibited acts under the Consumer

2 Product Safety Act.

3 (d) EFFECTIVE DATE.—This section shall become effec4 tive 90 days after the date of the enactment of this Act.

5 SEC. 726. Any limitation, directive, or earmarking

6 contained in either the House of Representatives or Senate

7 report accompanying H.R. 3058 shall also be included in

8 the conference report or joint statement accompanying H.R.

9 3058 in order to be considered as having been approved by

10 both Houses of Congress.

11 SEC. 727. DEPARTMENT OF HOUSING AND URBAN DE12 VELOPMENT RISK ASSESSMENT.—(a) ESTIMATE.—The

13 Secretary of Housing and Urban Development shall esti14 mate improper payments for the community development

15 block grant program under title I of the Housing and Com16 munity Development Act of 1974 (42 U.S.C. 5301 et seq.)

17 pursuant to section 2 of the Improper Payments Informa18 tion Act of 2002 (Public Law 107–300).

19 (b) REPORT.—Not later than 60 days after the date

20 of enactment of this section, the Secretary shall report to

21 Congress on specific actions taken to estimate improper

22 payments in the community development block grant pro23 gram to comply with section 2 of the Improper Payments

24 Information Act of 2002, including a schedule for full com25 pliance with such Act within fiscal year 2006.
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1 (c) FAILURE TO REPORT.—If the Secretary fails to re2 port to Congress on specific actions taken to estimate im3 proper payments as required under subsection (b), funds

4 for the community development block grant program shall

5 be halted until such report is submitted.

6 SEC. 728. PAYMENTS TO FEDERAL CONTRACTORS

7 WITH FEDERAL TAX DEBT.

8 The General Services Administration, in conjunction

9 with the Financial Management Service, shall develop pro10 cedures to subject purchase card payments to Federal con11 tractors to the Federal Payment Levy Program.

12 SEC. 729. REPORTING OF AIR TRAVEL BY FEDERAL

13 GOVERNMENT EMPLOYEES.—(a) ANNUAL REPORTS RE14 QUIRED.—The Administrator of General Services shall sub15 mit annually to the Committee on Homeland Security and

16 Governmental Affairs of the Senate and the Committee on

17 Government Reform of the House of Representatives a re18 port on all first class and business class travel by employees

19 of each agency undertaken at the expense of the Federal

20 Government.

21 (b) CONTENTS.—The reports submitted pursuant to

22 subsection (a) shall include, at a minimum, with respect

23 to each travel by first class or business class—

24 (1) the names of each traveler;

25 (2) the date of travel;
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1 (3) the points of origination and destination;

2 (4) the cost of the first class or business class

3 travel; and

4 (5) the cost difference between such travel and

5 travel by coach class fare available under contract

6 with the General Services Administration or, if no

7 contract is available, the lowest coach class fare avail8 able.

9 (c) AGENCY DEFINED.—(1) Except as provided in

10 paragraph (2), in this section, the term ‘‘agency’’ has the

11 meaning given such term in section 5701(1) of title 5,

12 United States Code.

13 (2) The term does not include any element of the intel14 ligence community as set forth in or designated under sec15 tion 3(4) of the National Security Act of 1947 (50 U.S.C.

16 401a(4)).

17 TITLE VIII—GENERAL PROVISIONS

18 GOVERNMENT-WIDE

19 DEPARTMENTS, AGENCIES, AND CORPORATIONS

20 SEC. 800. Funds appropriated in this or any other Act

21 may be used to pay travel to the United States for the im22 mediate family of employees serving abroad in cases of

23 death or life threatening illness of said employee.

24 SEC. 801. No department, agency, or instrumentality

25 of the United States receiving appropriated funds under
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1 this or any other Act for fiscal year 2006 shall obligate or

2 expend any such funds, unless such department, agency, or

3 instrumentality has in place, and will continue to admin4 ister in good faith, a written policy designed to ensure that

5 all of its workplaces are free from the illegal use, possession,

6 or distribution of controlled substances (as defined in the

7 Controlled Substances Act (21 U.S.C. 802)) by the officers

8 and employees of such department, agency, or instrumen9 tality.

10 SEC. 802. Appropriations of the executive departments

11 and independent establishments for the current fiscal year

12 available for expenses of travel, or for the expenses of the

13 activity concerned, are hereby made available for quarters

14 allowances and cost-of-living allowances, in accordance

15 with 5 U.S.C. 5922–5924.

16 SEC. 803. Unless otherwise specified during the current

17 fiscal year, no part of any appropriation contained in this

18 or any other Act shall be used to pay the compensation of

19 any officer or employee of the Government of the United

20 States (including any agency the majority of the stock of

21 which is owned by the Government of the United States)

22 whose post of duty is in the continental United States un23 less such person: (1) is a citizen of the United States; (2)

24 is a person in the service of the United States on the date

25 of the enactment of this Act who, being eligible for citizen-
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1 ship, has filed a declaration of intention to become a citizen

2 of the United States prior to such date and is actually re3 siding in the United States; (3) is a person who owes alle4 giance to the United States; (4) is an alien from Cuba, Po5 land, South Vietnam, the countries of the former Soviet

6 Union, or the Baltic countries lawfully admitted to the

7 United States for permanent residence; (5) is a South Viet8 namese, Cambodian, or Laotian refugee paroled in the

9 United States after January 1, 1975; or (6) is a national

10 of the People’s Republic of China who qualifies for adjust11 ment of status pursuant to the Chinese Student Protection

12 Act of 1992 (Public Law 102–404): Provided, That for the

13 purpose of this section, an affidavit signed by any such per14 son shall be considered prima facie evidence that the re15 quirements of this section with respect to his or her status

16 have been complied with: Provided further, That any person

17 making a false affidavit shall be guilty of a felony, and,

18 upon conviction, shall be fined no more than $4,000 or im19 prisoned for not more than 1 year, or both: Provided fur20 ther, That the above penal clause shall be in addition to,

21 and not in substitution for, any other provisions of existing

22 law: Provided further, That any payment made to any offi23 cer or employee contrary to the provisions of this section

24 shall be recoverable in action by the Federal Government.

25 This section shall not apply to citizens of Ireland, Israel,
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1 or the Republic of the Philippines, or to nationals of those

2 countries allied with the United States in a current defense

3 effort, or to international broadcasters employed by the

4 United States Information Agency, or to temporary em5 ployment of translators, or to temporary employment in the

6 field service (not to exceed 60 days) as a result of emer7 gencies.

8 SEC. 804. Appropriations available to any department

9 or agency during the current fiscal year for necessary ex10 penses, including maintenance or operating expenses, shall

11 also be available for payment to the General Services Ad12 ministration for charges for space and services and those

13 expenses of renovation and alteration of buildings and fa14 cilities which constitute public improvements performed in

15 accordance with the Public Buildings Act of 1959 (73 Stat.

16 749), the Public Buildings Amendments of 1972 (87 Stat.

17 216), or other applicable law.

18 SEC. 805. In addition to funds provided in this or any

19 other Act, all Federal agencies are authorized to receive and

20 use funds resulting from the sale of materials, including

21 Federal records disposed of pursuant to a records schedule

22 recovered through recycling or waste prevention programs.

23 Such funds shall be available until expended for the fol24 lowing purposes:
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1 (1) Acquisition, waste reduction and prevention,

2 and recycling programs as described in Executive

3 Order No. 13101 (September 14, 1998), including any

4 such programs adopted prior to the effective date of

5 the Executive order.

6 (2) Other Federal agency environmental manage7 ment programs, including, but not limited to, the de8 velopment and implementation of hazardous waste

9 management and pollution prevention programs.

10 (3) Other employee programs as authorized by

11 law or as deemed appropriate by the head of the Fed12 eral agency.

13 SEC. 806. Funds made available by this or any other

14 Act for administrative expenses in the current fiscal year

15 of the corporations and agencies subject to chapter 91 of

16 title 31, United States Code, shall be available, in addition

17 to objects for which such funds are otherwise available, for

18 rent in the District of Columbia; services in accordance

19 with 5 U.S.C. 3109; and the objects specified under this

20 head, all the provisions of which shall be applicable to the

21 expenditure of such funds unless otherwise specified in the

22 Act by which they are made available: Provided, That in

23 the event any functions budgeted as administrative expenses

24 are subsequently transferred to or paid from other funds,
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1 the limitations on administrative expenses shall be cor2 respondingly reduced.

3 SEC. 807. No part of any appropriation for the current

4 fiscal year contained in this or any other Act shall be paid

5 to any person for the filling of any position for which he

6 or she has been nominated after the Senate has voted not

7 to approve the nomination of said person.

8 SEC. 808. No part of any appropriation contained in

9 this or any other Act shall be available for interagency fi10 nancing of boards (except Federal Executive Boards), com11 missions, councils, committees, or similar groups (whether

12 or not they are interagency entities) which do not have a

13 prior and specific statutory approval to receive financial

14 support from more than one agency or instrumentality.

15 SEC. 809. Funds made available by this or any other

16 Act to the Postal Service Fund (39 U.S.C. 2003) shall be

17 available for employment of guards for all buildings and

18 areas owned or occupied by the Postal Service or under the

19 charge and control of the Postal Service. The Postal Service

20 may give such guards, with respect to such property, any

21 of the powers of special policemen provided under 40 U.S.C.

22 1315. The Postmaster General, or his designee, may take

23 any action that the Secretary of Homeland Security may

24 take under such section with respect to that property.
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1 SEC. 810. None of the funds made available pursuant

2 to the provisions of this Act shall be used to implement,

3 administer, or enforce any regulation which has been dis4 approved pursuant to a joint resolution duly adopted in

5 accordance with the applicable law of the United States.

6 SEC. 811. (a) Notwithstanding any other provision of

7 law, and except as otherwise provided in this section, no

8 part of any of the funds appropriated for fiscal year 2006,

9 by this or any other Act, may be used to pay any prevailing

10 rate employee described in section 5342(a)(2)(A) of title 5,

11 United States Code—

12 (1) during the period from the date of expiration

13 of the limitation imposed by the comparable section

14 for previous fiscal years until the normal effective

15 date of the applicable wage survey adjustment that is

16 to take effect in fiscal year 2006, in an amount that

17 exceeds the rate payable for the applicable grade and

18 step of the applicable wage schedule in accordance

19 with such section; and

20 (2) during the period consisting of the remainder

21 of fiscal year 2006, in an amount that exceeds, as a

22 result of a wage survey adjustment, the rate payable

23 under paragraph (1) by more than the sum of—

24 (A) the percentage adjustment taking effect

25 in fiscal year 2006 under section 5303 of title 5,
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1 United States Code, in the rates of pay under the

2 General Schedule; and

3 (B) the difference between the overall aver4 age percentage of the locality-based com5 parability payments taking effect in fiscal year

6 2006 under section 5304 of such title (whether by

7 adjustment or otherwise), and the overall average

8 percentage of such payments which was effective

9 in the previous fiscal year under such section.

10 (b) Notwithstanding any other provision of law, no

11 prevailing rate employee described in subparagraph (B) or

12 (C) of section 5342(a)(2) of title 5, United States Code, and

13 no employee covered by section 5348 of such title, may be

14 paid during the periods for which subsection (a) is in effect

15 at a rate that exceeds the rates that would be payable under

16 subsection (a) were subsection (a) applicable to such em17 ployee.

18 (c) For the purposes of this section, the rates payable

19 to an employee who is covered by this section and who is

20 paid from a schedule not in existence on September 30,

21 2005, shall be determined under regulations prescribed by

22 the Office of Personnel Management.

23 (d) Notwithstanding any other provision of law, rates

24 of premium pay for employees subject to this section may

25 not be changed from the rates in effect on September 30,
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1 2005, except to the extent determined by the Office of Per2 sonnel Management to be consistent with the purpose of this

3 section.

4 (e) This section shall apply with respect to pay for

5 service performed after September 30, 2005.

6 (f) For the purpose of administering any provision of

7 law (including any rule or regulation that provides pre8 mium pay, retirement, life insurance, or any other em9 ployee benefit) that requires any deduction or contribution,

10 or that imposes any requirement or limitation on the basis

11 of a rate of salary or basic pay, the rate of salary or basic

12 pay payable after the application of this section shall be

13 treated as the rate of salary or basic pay.

14 (g) Nothing in this section shall be considered to per15 mit or require the payment to any employee covered by this

16 section at a rate in excess of the rate that would be payable

17 were this section not in effect.

18 (h) The Office of Personnel Management may provide

19 for exceptions to the limitations imposed by this section if

20 the Office determines that such exceptions are necessary to

21 ensure the recruitment or retention of qualified employees.

22 SEC. 812. During the period in which the head of any

23 department or agency, or any other officer or civilian em24 ployee of the Government appointed by the President of the

25 United States, holds office, no funds may be obligated or
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1 expended in excess of $5,000 to furnish or redecorate the

2 office of such department head, agency head, officer, or em3 ployee, or to purchase furniture or make improvements for

4 any such office, unless advance notice of such furnishing

5 or redecoration is expressly approved by the Committees on

6 Appropriations. For the purposes of this section, the term

7 ‘‘office’’ shall include the entire suite of offices assigned to

8 the individual, as well as any other space used primarily

9 by the individual or the use of which is directly controlled

10 by the individual.

11 SEC. 813. Notwithstanding section 1346 of title 31,

12 United States Code, or section 809 of this Act, funds made

13 available for the current fiscal year by this or any other

14 Act shall be available for the interagency funding of na15 tional security and emergency preparedness telecommuni16 cations initiatives which benefit multiple Federal depart17 ments, agencies, or entities, as provided by Executive Order

18 No. 12472 (April 3, 1984).

19 SEC. 814. (a) None of the funds appropriated by this

20 or any other Act may be obligated or expended by any Fed21 eral department, agency, or other instrumentality for the

22 salaries or expenses of any employee appointed to a position

23 of a confidential or policy-determining character excepted

24 from the competitive service pursuant to section 3302 of

25 title 5, United States Code, without a certification to the
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1 Office of Personnel Management from the head of the Fed2 eral department, agency, or other instrumentality employ3 ing the Schedule C appointee that the Schedule C position

4 was not created solely or primarily in order to detail the

5 employee to the White House.

6 (b) The provisions of this section shall not apply to

7 Federal employees or members of the armed services detailed

8 to or from—

9 (1) the Central Intelligence Agency;

10 (2) the National Security Agency;

11 (3) the Defense Intelligence Agency;

12 (4) the offices within the Department of Defense

13 for the collection of specialized national foreign intel14 ligence through reconnaissance programs;

15 (5) the Bureau of Intelligence and Research of

16 the Department of State;

17 (6) any agency, office, or unit of the Army,

18 Navy, Air Force, and Marine Corps, the Department

19 of Homeland Security, the Federal Bureau of Inves20 tigation and the Drug Enforcement Administration of

21 the Department of Justice, the Department of Trans22 portation, the Department of the Treasury, and the

23 Department of Energy performing intelligence func24 tions; and
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1 (7) the Director of National Intelligence or the

2 Office of the Director of National Intelligence.

3 SEC. 815. No department, agency, or instrumentality

4 of the United States receiving appropriated funds under

5 this or any other Act for the current fiscal year shall obli6 gate or expend any such funds, unless such department,

7 agency, or instrumentality has in place, and will continue

8 to administer in good faith, a written policy designed to

9 ensure that all of its workplaces are free from discrimina10 tion and sexual harassment and that all of its workplaces

11 are not in violation of title VII of the Civil Rights Act of

12 1964 (Public Law 88–352, 78 Stat. 241), as amended, the

13 Age Discrimination in Employment Act of 1967 (Public

14 Law 90–202, 81 Stat. 602), and the Rehabilitation Act of

15 1973 (Public Law 93–112, 87 Stat. 355).

16 SEC. 816. No part of any appropriation contained in

17 this or any other Act shall be available for the payment

18 of the salary of any officer or employee of the Federal Gov19 ernment, who—

20 (1) prohibits or prevents, or attempts or threat21 ens to prohibit or prevent, any other officer or em22 ployee of the Federal Government from having any

23 direct oral or written communication or contact with

24 any Member, committee, or subcommittee of the Con25 gress in connection with any matter pertaining to the
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1 employment of such other officer or employee or per2 taining to the department or agency of such other of3 ficer or employee in any way, irrespective of whether

4 such communication or contact is at the initiative of

5 such other officer or employee or in response to the re6 quest or inquiry of such Member, committee, or sub7 committee; or

8 (2) removes, suspends from duty without pay,

9 demotes, reduces in rank, seniority, status, pay, or

10 performance of efficiency rating, denies promotion to,

11 relocates, reassigns, transfers, disciplines, or discrimi12 nates in regard to any employment right, entitlement,

13 or benefit, or any term or condition of employment of,

14 any other officer or employee of the Federal Govern15 ment, or attempts or threatens to commit any of the

16 foregoing actions with respect to such other officer or

17 employee, by reason of any communication or contact

18 of such other officer or employee with any Member,

19 committee, or subcommittee of the Congress as de20 scribed in paragraph (1).

21 SEC. 817. (a) None of the funds made available in this

22 or any other Act may be obligated or expended for any em23 ployee training that—
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1 (1) does not meet identified needs for knowledge,

2 skills, and abilities bearing directly upon the perform3 ance of official duties;

4 (2) contains elements likely to induce high levels

5 of emotional response or psychological stress in some

6 participants;

7 (3) does not require prior employee notification

8 of the content and methods to be used in the training

9 and written end of course evaluation;

10 (4) contains any methods or content associated

11 with religious or quasi-religious belief systems or

12 ‘‘new age’’ belief systems as defined in Equal Employ13 ment Opportunity Commission Notice N–915.022,

14 dated September 2, 1988; or

15 (5) is offensive to, or designed to change, partici16 pants’ personal values or lifestyle outside the work17 place.

18 (b) Nothing in this section shall prohibit, restrict, or

19 otherwise preclude an agency from conducting training

20 bearing directly upon the performance of official duties.

21 SEC. 818. No funds appropriated in this or any other

22 Act may be used to implement or enforce the agreements

23 in Standard Forms 312 and 4414 of the Government or

24 any other nondisclosure policy, form, or agreement if such

25 policy, form, or agreement does not contain the following
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1 provisions: ‘‘These restrictions are consistent with and do

2 not supersede, conflict with, or otherwise alter the employee

3 obligations, rights, or liabilities created by Executive Order

4 No. 12958; section 7211 of title 5, United States Code (gov5 erning disclosures to Congress); section 1034 of title 10,

6 United States Code, as amended by the Military Whistle7 blower Protection Act (Public Law 100–456) (governing

8 disclosure to Congress by members of the military); section

9 2302(b)(8) of title 5, United States Code, as amended by

10 the Whistleblower Protection Act (Public Law 101–12) (gov11 erning disclosures of illegality, waste, fraud, abuse or public

12 health or safety threats); the Intelligence Identities Protec13 tion Act of 1982 (50 U.S.C. 421 et seq.) (governing disclo14 sures that could expose confidential Government agents);

15 and the statutes which protect against disclosure that may

16 compromise the national security, including sections 641,

17 793, 794, 798, and 952 of title 18, United States Code, and

18 section 4(b) of the Subversive Activities Act of 1950 (50

19 U.S.C. 783(b)). The definitions, requirements, obligations,

20 rights, sanctions, and liabilities created by said Executive

21 order and listed statutes are incorporated into this agree22 ment and are controlling.’’: Provided, That notwith23 standing the preceding paragraph, a nondisclosure policy

24 form or agreement that is to be executed by a person con25 nected with the conduct of an intelligence or intelligence-
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1 related activity, other than an employee or officer of the

2 United States Government, may contain provisions appro3 priate to the particular activity for which such document

4 is to be used. Such form or agreement shall, at a minimum,

5 require that the person will not disclose any classified infor6 mation received in the course of such activity unless specifi7 cally authorized to do so by the United States Government.

8 Such nondisclosure forms shall also make it clear that they

9 do not bar disclosures to Congress or to an authorized offi10 cial of an executive agency or the Department of Justice

11 that are essential to reporting a substantial violation of

12 law.

13 SEC. 819. No part of any funds appropriated in this

14 or any other Act shall be used by an agency of the executive

15 branch, other than for normal and recognized executive-leg16 islative relationships, for publicity or propaganda pur17 poses, and for the preparation, distribution or use of any

18 kit, pamphlet, booklet, publication, radio, television or film

19 presentation designed to support or defeat legislation pend20 ing before the Congress, except in presentation to the Con21 gress itself.

22 SEC. 820. None of the funds appropriated by this or

23 any other Act may be used by an agency to provide a Fed24 eral employee’s home address to any labor organization ex25 cept when the employee has authorized such disclosure or
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1 when such disclosure has been ordered by a court of com2 petent jurisdiction.

3 SEC. 821. None of the funds made available in this

4 Act or any other Act may be used to provide any non-public

5 information such as mailing or telephone lists to any per6 son or any organization outside of the Federal Government

7 without the approval of the Committees on Appropriations.

8 SEC. 822. No part of any appropriation contained in

9 this or any other Act shall be used for publicity or propa10 ganda purposes within the United States not heretofor au11 thorized by the Congress.

12 SEC. 823. (a) In this section the term ‘‘agency’’—

13 (1) means an Executive agency as defined under

14 section 105 of title 5, United States Code;

15 (2) includes a military department as defined

16 under section 102 of such title, the Postal Service, and

17 the Postal Rate Commission; and

18 (3) shall not include the Government Account19 ability Office.

20 (b) Unless authorized in accordance with law or regu21 lations to use such time for other purposes, an employee

22 of an agency shall use official time in an honest effort to

23 perform official duties. An employee not under a leave sys24 tem, including a Presidential appointee exempted under

25 section 6301(2) of title 5, United States Code, has an obliga-
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1 tion to expend an honest effort and a reasonable proportion

2 of such employee’s time in the performance of official duties.

3 SEC. 824. Notwithstanding 31 U.S.C. 1346 and section

4 809 of this Act, funds made available for the current fiscal

5 year by this or any other Act to any department or agency,

6 which is a member of the Joint Financial Management Im7 provement Program (JFMIP), shall be available to finance

8 an appropriate share of JFMIP administrative costs, as de9 termined by the JFMIP, but not to exceed a total of

10 $800,000 including the salary of the Executive Director and

11 staff support.

12 SEC. 825. Notwithstanding 31 U.S.C. 1346 and section

13 810 of this Act, the head of each Executive department and

14 agency is hereby authorized to transfer to or reimburse

15 ‘‘General Services Administration, Government-wide Pol16 icy’’ with the approval of the Director of the Office of Man17 agement and Budget, funds made available for the current

18 fiscal year by this or any other Act, including rebates from

19 charge card and other contracts: Provided, That these funds

20 shall be administered by the Administrator of General Serv21 ices to support Government-wide financial, information

22 technology, procurement, and other management innova23 tions, initiatives, and activities, as approved by the Direc24 tor of the Office of Management and Budget, in consultation

25 with the appropriate interagency groups designated by the
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1 Director (including the Chief Financial Officers Council

2 and the Joint Financial Management Improvement Pro3 gram for financial management initiatives, the Chief Infor4 mation Officers Council for information technology initia5 tives, the Chief Human Capital Officers Council for human

6 capital initiatives, and the Federal Acquisition Council for

7 procurement initiatives). The total funds transferred or re8 imbursed shall not exceed $17,000,000. Such transfers or

9 reimbursements may only be made 15 days following notifi10 cation of the Committees on Appropriations by the Director

11 of the Office of Management and Budget.

12 SEC. 826. Notwithstanding any other provision of law,

13 a woman may breastfeed her child at any location in a

14 Federal building or on Federal property, if the woman and

15 her child are otherwise authorized to be present at the loca16 tion.

17 SEC. 827. Nothwithstanding section 1346 of title 31,

18 United States Code, or section 809 of this Act, funds made

19 available for the current fiscal year by this or any other

20 Act shall be available for the interagency funding of specific

21 projects, workshops, studies, and similar efforts to carry out

22 the purposes of the National Science and Technology Coun23 cil (authorized by Executive Order No. 12881), which ben24 efit multiple Federal departments, agencies, or entities:

25 Provided, That the Office of Management and Budget shall
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1 provide a report describing the budget of and resources con2 nected with the National Science and Technology Council

3 to the Committees on Appropriations, the House Committee

4 on Science; and the Senate Committee on Commerce,

5 Science, and Transportation 90 days after enactment of this

6 Act.

7 SEC. 828. Any request for proposals, solicitation, grant

8 application, form, notification, press release, or other publi9 cations involving the distribution of Federal funds shall in10 dicate the agency providing the funds, the Catalog of Fed11 eral Domestic Assistance Number, as applicable, and the

12 amount provided: Provided, That this provision shall apply

13 to direct payments, formula funds, and grants received by

14 a State receiving Federal funds.

15 SEC. 829. Subsection (f) of section 403 of Public Law

16 103–356 (31 U.S.C. 501 note), as amended, is further

17 amended by striking ‘‘October 1, 2005’’ and inserting ‘‘Oc18 tober 1, 2006’’: Provided, That this provision shall not

19 apply to the Department of Homeland Security.

20 SEC. 830. (a) PROHIBITION OF FEDERAL AGENCY

21 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of

22 the funds made available in this or any other Act may be

23 used by any Federal agency—

24 (1) to collect, review, or create any aggregation

25 of data, derived from any means, that includes any
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1 personally identifiable information relating to an in2 dividual’s access to or use of any Federal Government

3 Internet site of the agency; or

4 (2) to enter into any agreement with a third

5 party (including another government agency) to col6 lect, review, or obtain any aggregation of data, de7 rived from any means, that includes any personally

8 identifiable information relating to an individual’s

9 access to or use of any nongovernmental Internet site.

10 (b) EXCEPTIONS.—The limitations established in sub11 section (a) shall not apply to—

12 (1) any record of aggregate data that does not

13 identify particular persons;

14 (2) any voluntary submission of personally iden15 tifiable information;

16 (3) any action taken for law enforcement, regu17 latory, or supervisory purposes, in accordance with

18 applicable law; or

19 (4) any action described in subsection (a)(1) that

20 is a system security action taken by the operator of

21 an Internet site and is necessarily incident to pro22 viding the Internet site services or to protecting the

23 rights or property of the provider of the Internet site.

24 (c) DEFINITIONS.—For the purposes of this section:
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1 (1) The term ‘‘regulatory’’ means agency actions

2 to implement, interpret or enforce authorities pro3 vided in law.

4 (2) The term ‘‘supervisory’’ means examinations

5 of the agency’s supervised institutions, including as6 sessing safety and soundness, overall financial condi7 tion, management practices and policies and compli8 ance with applicable standards as provided in law.

9 SEC. 831. (a) None of the funds appropriated by this

10 Act may be used to enter into or renew a contract which

11 includes a provision providing prescription drug coverage,

12 except where the contract also includes a provision for con13 traceptive coverage.

14 (b) Nothing in this section shall apply to a contract

15 with—

16 (1) any of the following religious plans:

17 (A) Personal Care’s HMO; and

18 (B) OSF HealthPlans, Inc.; and

19 (2) any existing or future plan, if the carrier for

20 the plan objects to such coverage on the basis of reli21 gious beliefs.

22 (c) In implementing this section, any plan that enters

23 into or renews a contract under this section may not subject

24 any individual to discrimination on the basis that the indi25 vidual refuses to prescribe or otherwise provide for contra-
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1 ceptives because such activities would be contrary to the in2 dividual’s religious beliefs or moral convictions.

3 (d) Nothing in this section shall be construed to require

4 coverage of abortion or abortion-related services.

5 SEC. 832. The Congress of the United States recognizes

6 the United States Anti-Doping Agency (USADA) as the of7 ficial anti-doping agency for Olympic, Pan American, and

8 Paralympic sport in the United States.

9 SEC. 833. Notwithstanding any other provision of law,

10 funds appropriated for official travel by Federal depart11 ments and agencies may be used by such departments and

12 agencies, if consistent with Office of Management and

13 Budget Circular A–126 regarding official travel for Govern14 ment personnel, to participate in the fractional aircraft

15 ownership pilot program.

16 SEC. 834. Notwithstanding any other provision of law,

17 none of the funds appropriated or made available under

18 this Act or any other appropriations Act may be used to

19 implement or enforce restrictions or limitations on the

20 Coast Guard Congressional Fellowship Program, or to im21 plement the proposed regulations of the Office of Personnel

22 Management to add sections 300.311 through 300.316 to

23 part 300 of title 5 of the Code of Federal Regulations, pub24 lished in the Federal Register, volume 68, number 174, on
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1 September 9, 2003 (relating to the detail of executive branch

2 employees to the legislative branch).

3 SEC. 835. Each Executive department and agency

4 shall evaluate the creditworthiness of an individual before

5 issuing the individual a government purchase charge card

6 or government travel charge card. The department or agen7 cy may not issue a government purchase charge card or

8 government travel charge card to an individual that either

9 lacks a credit history or is found to have an unsatisfactory

10 credit history as a result of this evaluation: Provided, That

11 this restriction shall not preclude issuance of a restricted12 use charge, debit, or stored value card made in accordance

13 with agency procedures to: (1) an individual with an unsat14 isfactory credit history where such card is used to pay trav15 el expenses and the agency determines there is no suitable

16 alternative payment mechanism available before issuing the

17 card; or (2) an individual who lacks a credit history. Each

18 Executive department and agency shall establish guidelines

19 and procedures for disciplinary actions to be taken against

20 agency personnel for improper, fraudulent, or abusive use

21 of government charge cards, which shall include appro22 priate disciplinary actions for use of charge cards for pur23 poses, and at establishments, that are inconsistent with the

24 official business of the Department or agency or with appli25 cable standards of conduct.
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1 SEC. 836. (a) The adjustment in rates of basic pay

2 for employees under the statutory pay systems that takes

3 effect in fiscal year 2006 under sections 5303 and 5304 of

4 title 5, United States Code, shall be an increase of 3.1 per5 cent, and this adjustment shall apply to civilian employees

6 in the Department of Defense and the Department of Home7 land Security and such adjustments shall be effective as of

8 the first day of the first applicable pay period beginning

9 on or after January 1, 2006.

10 (b) Notwithstanding section 812 of this Act, the adjust11 ment in rates of basic pay for the statutory pay systems

12 that take place in fiscal year 2006 under sections 5344 and

13 5348 of title 5, United States Code, shall be no less than

14 the percentage in paragraph (a) as employees in the same

15 location whose rates of basic pay are adjusted pursuant to

16 the statutory pay systems under section 5303 and 5304 of

17 title 5, United States Code. Prevailing rate employees at

18 locations where there are no employees whose pay is in19 creased pursuant to sections 5303 and 5304 of title 5 and

20 prevailing rate employees described in section 5343(a)(5)

21 of title 5 shall be considered to be located in the pay locality

22 designated as ‘‘Rest of US’’ pursuant to section 5304 of title

23 5 for purposes of this paragraph.

24 (c) Funds used to carry out this section shall be paid

25 from appropriations, which are made to each applicable de-
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1 partment or agency for salaries and expenses for fiscal year

2 2006.

3 SEC. 837. (a) Not later than 180 days after the end

4 of the fiscal year, the head of each Federal agency shall sub5 mit a report to Congress on the amount of the acquisitions

6 made by the agency from entities that manufacture the arti7 cles, materials, or supplies outside of the United States in

8 that fiscal year.

9 (b) The report required by subsection (a) shall sepa10 rately indicate—

11 (1) the dollar value of any articles, materials, or

12 supplies purchased that were manufactured outside of

13 the United States;

14 (2) an itemized list of all waivers granted with

15 respect to such articles, materials, or supplies under

16 the Buy American Act (41 U.S.C. 10a et seq.); and

17 (3) a summary of the total procurement funds

18 spent on goods manufactured in the United States

19 versus funds spent on goods manufactured outside of

20 the United States.

21 (c) The head of each Federal agency submitting a re22 port under subsection (a) shall make the report publicly

23 available to the maximum extent practicable.

24 (d) This section shall not apply to acquisitions made

25 by an agency, or component thereof, that is an element of
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1 the intelligence community as set forth in or designated

2 under section 3(4) of the National Security Act of 1947 (50

3 U.S.C. 401a(4)).

4 SEC. 838. Notwithstanding any other provision of law,

5 no executive branch agency shall purchase, construct, and/

6 or lease any additional facilities, except within or contig7 uous to existing locations, to be used for the purpose of con8 ducting Federal law enforcement training without the ad9 vance approval of the Committees on Appropriations, ex10 cept that the Federal Law Enforcement Training Center is

11 authorized to obtain the temporary use of additional facili12 ties by lease, contract, or other agreement for training

13 which cannot be accommodated in existing Center facilities.

14 SEC. 839. Notwithstanding section 1346 of title 31,

15 United States Code, and section 809 of this Act and any

16 other provision of law, the head of each appropriate execu17 tive department and agency shall transfer to or reimburse

18 the Federal Aviation Administration, upon the direction of

19 the Director of the Office of Management and Budget, funds

20 made available by this or any other Act for the purposes

21 described below, and shall submit budget requests for such

22 purposes. These funds shall be administered by the Federal

23 Aviation Administration, in consultation with the appro24 priate interagency groups designated by the Director and

25 shall be used to ensure the uninterrupted, continuous oper-
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1 ation of the Midway Atoll Airfield by the Federal Aviation

2 Administration pursuant to an operational agreement with

3 the Department of the Interior for the entirety of fiscal year

4 2006 and any period thereafter that precedes the enactment

5 of the Transportation, Treasury, the Judiciary, Housing

6 and Urban Development, and Related Agencies Appropria7 tions Act, 2007. The Director of the Office of Management

8 and Budget shall mandate the necessary transfers after de9 termining an equitable allocation between the appropriate

10 executive departments and agencies of the responsibility for

11 funding the continuous operation of the Midway Atoll Air12 field based on, but not limited to, potential use, interest in

13 maintaining aviation safety, and applicability to govern14 mental operations and agency mission. The total funds

15 transferred or reimbursed shall not exceed $10,000,000 for

16 any twelve-month period. Such sums shall be sufficient to

17 ensure continued operation of the airfield throughout the

18 period cited above. Funds shall be available for operation

19 of the airfield or airfield-related capital upgrades, includ20 ing the replacement of the fuel farm facility. The Director

21 of the Office of Management and Budget shall notify the

22 Committees on Appropriations of such transfers or reim23 bursements within 15 days of this Act. Such transfers or

24 reimbursements shall begin within 30 days of enactment of

25 this Act.
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1 SEC. 840. Section 4(b) of the Federal Activities Inven2 tory Reform Act of 1998 (Public Law 105–270) is amended

3 by adding at the end the following new paragraph:

4 ‘‘(5) Executive agencies with fewer than 100 full5 time employees as of the first day of the fiscal year.

6 However, such an agency shall be subject to section 2

7 to the extent it plans to conduct a public-private com8 petition for the performance of an activity that is not

9 inherently governmental.’’.

10 SEC. 841. Unless otherwise authorized by existing law,

11 none of the funds provided in this Act or any other Act,

12 may be used by an executive branch agency to produce any

13 prepackaged news story intended for broadcast or distribu14 tion in the United States unless the story includes a clear

15 notification within the text or audio of the prepackaged

16 news story that the prepackaged news story was prepared

17 or funded by that executive branch agency.

18 SEC. 842. COMPETITIVE SOURCING. (a) REQUIREMENT

19 FOR PUBLIC-PRIVATE COMPETITION.—

20 (1) Notwithstanding any other provision of law,

21 none of the funds appropriated by this or any other

22 Act shall be available to convert to contractor per23 formance an activity or function of an executive agen24 cy, that on or after the date of enactment of this Act,
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1 is performed by more than 10 Federal employees

2 unless—

3 (A) the conversion is based on the result of

4 a public-private competition that includes a

5 most efficient and cost effective organization

6 plan developed by such activity or function; and

7 (B) the Competitive Sourcing Official deter8 mines that, over all performance periods stated

9 in the solicitation of offers for performance of the

10 activity or function, the cost of performance of

11 the activity or function by a contractor would be

12 less costly to the executive agency by an amount

13 that equals or exceeds the lesser of—

14 (i) 10 percent of the most efficient or15 ganization’s personnel-related costs for per16 formance of that activity or function by

17 Federal employees; or

18 (ii) $10,000,000.

19 (2) This paragraph shall not apply to—

20 (A) a commercial or industrial type func21 tion that—

22 (i) is included on the procurement list

23 established pursuant to section 2 of the Jav24 its-Wagner-O’Day Act (41 U.S.C. 47); or
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1 (ii) is planned to be converted to per2 formance by a qualified nonprofit agency

3 for the blind or by a qualified nonprofit

4 agency for other severely handicapped indi5 viduals in accordance with that Act.

6 (B) depot contracts or contracts for depot

7 maintenance as provided in sections 2469 and

8 2474 of title 10, United States Code; or

9 (C) activities that are the subject of an on10 going competition that was publicly announced

11 prior to the date of enactment of this act.

12 (b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing

13 in Office of Management and Budget Circular A–76 shall

14 prevent the head of an executive agency from conducting

15 a public-private competition to evaluate the benefits of con16 verting work from contract performance to performance by

17 Federal employees in appropriate instances. The Circular

18 shall provide procedures and policies for these competitions

19 that are similar to those applied to competitions that may

20 result in the conversion of work from performance by Fed21 eral employees to performance by a contractor.

22 SEC. 843. NO COST OF LIVING ADJUSTMENT FOR

23 MEMBERS OF CONGRESS. Notwithstanding any other provi24 sion of law, no adjustment shall be made under section

25 601(a) of the Legislative Reorganization Act of 1946 (2
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1 U.S.C. 31) (relating to cost of living adjustments for Mem2 bers of Congress) during fiscal year 2006.

3 SEC. 844. The table contained in section 1702 of the

4 Safe, Accountable, Flexible, Efficient Transportation Eq5 uity Act: A Legacy for Users (Public Law 109–59; 119 Stat.

6 1144) is amended—

7 (1) in item number 4620, by striking ‘‘Grading,

8 paving, roads, and the transfer of rail-to-truck for the

9 intermodal facility at Rickenbacker Airport Colum10 bus, OH’’ and inserting ‘‘Grading, paving, roads, and

11 construction of an intermodal freight facility at Rick12 enbacker Airport, Columbus, Ohio’’; and

13 (2) in item number 4651, by striking ‘‘Grading,

14 paving, roads for the transfer of rail to truck for the

15 intermodal facility at Rickenbacker Airport’’ and in16 serting ‘‘Grading, paving, roads, and construction of

17 an intermodal freight facility at Rickenbacker Air18 port, Columbus, Ohio’’.

19 SEC. 845. (a) The table contained in section 1702 of

20 the Safe, Accountable, Flexible, Efficient Transportation

21 Equity Act: A Legacy for Users (Public Law 109–59; 119

22 Stat. 1144) is amended in item number 4632 by striking

23 ‘‘Construct 1,100 foot bulkhead/riverwalk connecting Front

24 and Maine Ave. public rights-of-way’’ and inserting ‘‘For

25 roadway improvements and construction of 1,100 foot bulk-
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1 head/riverwalk connecting Front and Maine Ave. public

2 rights-of-way’’.

3 (b) The table contained in section 3044 of the Safe,

4 Accountable, Flexible, Efficient Transportation Equity Act:

5 A Legacy for Users (Public Law 109–59; 119 Stat. 1144)

6 is amended in item number 516 by striking ‘‘Dayton

7 Wright Stop Plaza’’ and inserting ‘‘Downtown Dayton

8 Transit Enhancements’’.

9 This division may be cited as the ‘‘Transportation,

10 Treasury, the Judiciary, Housing and Urban Development,

11 and Related Agencies Appropriations Act, 2006’’.

12 DIVISION B—DISTRICT OF COLUMBIA

13 APPROPRIATIONS ACT, 2006

14 That the following sums are appropriated, out of any

15 money in the Treasury not otherwise appropriated, for the

16 District of Columbia and related agencies for the fiscal year

17 ending September 30, 2006, and for other purposes, namely:

18 DISTRICT OF COLUMBIA

19 FEDERAL FUNDS

20 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

21 For a Federal payment to the District of Columbia,

22 to be deposited into a dedicated account, for a nationwide

23 program to be administered by the Mayor, for District of

24 Columbia resident tuition support, $33,200,000, to remain

25 available until expended: Provided, That such funds, in-
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1 cluding any interest accrued thereon, may be used on behalf

2 of eligible District of Columbia residents to pay an amount

3 based upon the difference between in-State and out-of-State

4 tuition at public institutions of higher education, or to pay

5 up to $2,500 each year at eligible private institutions of

6 higher education: Provided further, That the awarding of

7 such funds may be prioritized on the basis of a resident’s

8 academic merit, the income and need of eligible students

9 and such other factors as may be authorized: Provided fur10 ther, That the District of Columbia government shall main11 tain a dedicated account for the Resident Tuition Support

12 Program that shall consist of the Federal funds appro13 priated to the Program in this Act and any subsequent ap14 propriations, any unobligated balances from prior fiscal

15 years, and any interest earned in this or any fiscal year:

16 Provided further, That the account shall be under the con17 trol of the District of Columbia Chief Financial Officer, who

18 shall use those funds solely for the purposes of carrying out

19 the Resident Tuition Support Program: Provided further,

20 That the Office of the Chief Financial Officer shall provide

21 a quarterly financial report to the Committees on Appro22 priations of the House of Representatives and Senate for

23 these funds showing, by object class, the expenditures made

24 and the purpose therefor: Provided further, That not more
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1 than $1,200,000 of the total amount appropriated for this

2 program may be used for administrative expenses.

3 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

4 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

5 For necessary expenses, as determined by the Mayor

6 of the District of Columbia in written consultation with the

7 elected county or city officials of surrounding jurisdictions,

8 $12,000,000, to remain available until expended, to reim9 burse the District of Columbia for the costs of providing

10 public safety at events related to the presence of the national

11 capital in the District of Columbia and for the costs of pro12 viding support to respond to immediate and specific ter13 rorist threats or attacks in the District of Columbia or sur14 rounding jurisdictions: Provided, That any amount pro15 vided under this heading shall be available only after such

16 amount has been apportioned pursuant to chapter 15 of

17 title 31, United States Code.

18 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

19 COURTS

20 For salaries and expenses for the District of Columbia

21 Courts, $218,912,000, to be allocated as follows: for the Dis22 trict of Columbia Court of Appeals, $9,198,000, of which

23 not to exceed $1,500 is for official reception and representa24 tion expenses; for the District of Columbia Superior Court,

25 $87,342,000, of which not to exceed $1,500 is for official

26 reception and representation expenses; for the District of
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1 Columbia Court System, $41,643,000, of which not to ex2 ceed $1,500 is for official reception and representation ex3 penses; and $80,729,000, to remain available until Sep4 tember 30, 2007, for capital improvements for District of

5 Columbia courthouse facilities: Provided, That notwith6 standing any other provision of law, a single contract or

7 related contracts for development and construction of facili8 ties may be employed which collectively include the full

9 scope of the project: Provided further, That the solicitation

10 and contract shall contain the clause ‘‘availability of

11 Funds’’ found at 48 CFR 52.232–18: Provided further, That

12 funds made available for capital improvements shall be ex13 pended consistent with the General Services Administration

14 master plan study and building evaluation report: Provided

15 further, That notwithstanding any other provision of law,

16 all amounts under this heading shall be apportioned quar17 terly by the Office of Management and Budget and obligated

18 and expended in the same manner as funds appropriated

19 for salaries and expenses of other Federal agencies, with

20 payroll and financial services to be provided on a contrac21 tual basis with the General Services Administration (GSA),

22 and such services shall include the preparation of monthly

23 financial reports, copies of which shall be submitted directly

24 by GSA to the President and to the Committees on Appro25 priations of the House of Representatives and Senate, the
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1 Committee on Government Reform of the House of Rep2 resentatives, and the Committee on Governmental Affairs

3 of the Senate: Provided further, That 30 days after pro4 viding written notice to the Committees on Appropriations

5 of the House of Representatives and Senate, the District of

6 Columbia Courts may reallocate not more than $1,000,000

7 of the funds provided under this heading among the items

8 and entities funded under this heading for operations, and

9 not more than 4 percent of the funds provided under this

10 heading for facilities.

11 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

12 For payments authorized under section 11–2604 and

13 section 11–2605, D.C. Official Code (relating to representa14 tion provided under the District of Columbia Criminal Jus15 tice Act), payments for counsel appointed in proceedings

16 in the Family Court of the Superior Court of the District

17 of Columbia under chapter 23 of title 16, D.C. Official

18 Code, or pursuant to contractual agreements to provide

19 guardian ad litem representation, training, technical as20 sistance and such other services as are necessary to improve

21 the quality of guardian ad litem representation, payments

22 for counsel appointed in adoption proceedings under chap23 ter 3 of title 16, D.C. Code, and payments for counsel au24 thorized under section 21–2060, D.C. Official Code (relating

25 to representation provided under the District of Columbia

26 Guardianship, Protective Proceedings, and Durable Power
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1 of Attorney Act of 1986), $45,000,000, to remain available

2 until expended: Provided, That the funds provided in this

3 Act under the heading ‘‘Federal Payment to the District

4 of Columbia Courts’’ (other than the $80,729,000 provided

5 under such heading for capital improvements for District

6 of Columbia courthouse facilities) may also be used for pay7 ments under this heading: Provided further, That in addi8 tion to the funds provided under this heading, the Joint

9 Committee on Judicial Administration in the District of

10 Columbia may use funds provided in this Act under the

11 heading ‘‘Federal Payment to the District of Columbia

12 Courts’’ (other than the $80,729,000 provided under such

13 heading for capital improvements for District of Columbia

14 courthouse facilities), to make payments described under

15 this heading for obligations incurred during any fiscal

16 year: Provided further, That funds provided under this

17 heading shall be administered by the Joint Committee on

18 Judicial Administration in the District of Columbia: Pro19 vided further, That notwithstanding any other provision of

20 law, this appropriation shall be apportioned quarterly by

21 the Office of Management and Budget and obligated and

22 expended in the same manner as funds appropriated for

23 expenses of other Federal agencies, with payroll and finan24 cial services to be provided on a contractual basis with the

25 General Services Administration (GSA), and such services
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1 shall include the preparation of monthly financial reports,

2 copies of which shall be submitted directly by GSA to the

3 President and to the Committees on Appropriations of the

4 House of Representatives and Senate, the Committee on

5 Government Reform of the House of Representatives, and

6 the Committee on Governmental Affairs of the Senate.

7 FEDERAL PAYMENT TO THE COURT SERVICES AND OF8 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

9 COLUMBIA

10 (INCLUDING TRANSFER OF FUNDS)

11 For salaries and expenses, including the transfer and

12 hire of motor vehicles, of the Court Services and Offender

13 Supervision Agency for the District of Columbia and the

14 Public Defender Service for the District of Columbia, as au15 thorized by the National Capital Revitalization and Self16 Government Improvement Act of 1997, $201,388,000, of

17 which not to exceed $2,000 is for official receptions and rep18 resentation expenses related to Community Supervision and

19 Pretrial Services Agency programs; of which not to exceed

20 $25,000 is for dues and assessments relating to the imple21 mentation of the Court Services and Offender Supervision

22 Agency Interstate Supervision Act of 2002; of which

23 $129,360,000 shall be for necessary expenses of Community

24 Supervision and Sex Offender Registration, to include ex25 penses relating to the supervision of adults subject to protec26 tion orders or the provision of services for or related to such
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1 persons; of which $42,195,000 shall be available to the Pre2 trial Services Agency; and of which $29,833,000 shall be

3 transferred to the Public Defender Service for the District

4 of Columbia: Provided, That notwithstanding any other

5 provision of law, all amounts under this heading shall be

6 apportioned quarterly by the Office of Management and

7 Budget and obligated and expended in the same manner

8 as funds appropriated for salaries and expenses of other

9 Federal agencies: Provided further, That the Director is au10 thorized to accept and use gifts in the form of in-kind con11 tributions of space and hospitality to support offender and

12 defendant programs, and equipment and vocational train13 ing services to educate and train offenders and defendants:

14 Provided further, That the Director shall keep accurate and

15 detailed records of the acceptance and use of any gift or

16 donation under the previous proviso, and shall make such

17 records available for audit and public inspection: Provided

18 further, That the Court Services and Offender Supervision

19 Agency Director is authorized to accept and use reimburse20 ment from the D.C. Government for space and services pro21 vided on a cost reimbursable basis: Provided further, That

22 for this fiscal year and subsequent fiscal years, the Public

23 Defender Service is authorized to charge fees to cover costs

24 of materials distributed and training provided to attendees

25 of educational events, including conferences, sponsored by
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1 the Public Defender Service, and notwithstanding section

2 3302 of title 31, United States Code, said fees shall be cred3 ited to the Public Defender Service account to be available

4 for use without further appropriation.

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER

6 AND SEWER AUTHORITY

7 For a Federal payment to the District of Columbia

8 Water and Sewer Authority, $5,000,000, to remain avail9 able until expended, to continue implementation of the

10 Combined Sewer Overflow Long-Term Plan: Provided, That

11 the District of Columbia Water and Sewer Authority pro12 vides a 100 percent match for this payment.

13 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

14 INITIATIVE

15 For a Federal payment to the District of Columbia

16 Department of Transportation, $3,000,000, to remain

17 available until September 30, 2007, for design and con18 struction of a continuous pedestrian and bicycle trail sys19 tem from the Potomac River to the District’s border with

20 Maryland.

21 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

22 COORDINATING COUNCIL

23 For a Federal payment to the Criminal Justice Co24 ordinating Council, $1,300,000, to remain available until

25 expended, to support initiatives related to the coordination
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1 of Federal and local criminal justice resources in the Dis2 trict of Columbia.

3 FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

4 For a Federal payment to the District of Columbia

5 Department of Transportation, $1,000,000, to implement a

6 downtown circulator transit system.

7 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN

8 THE DISTRICT OF COLUMBIA

9 For the Federal payment to the District of Columbia

10 for foster care improvements, $2,000,000 to remain avail11 able until expended: Provided, That $1,750,000 shall be for

12 the Child and Family Services Agency, of which $1,000,000

13 shall be for a loan repayment program for social workers;

14 of which $750,000 shall be for post-adoption services: Pro15 vided further, That $250,000 shall be for the Washington

16 Metropolitan Council of Governments, to continue a pro17 gram in conjunction with the Foster and Adoptive Parents

18 Advocacy Center, to provide respite care for and recruit19 ment of foster parents: Provided further, That these Federal

20 funds shall supplement and not supplant local funds for

21 the purposes described under this heading.

22 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF

23 FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

24 For a Federal payment to the Office of the Chief Fi25 nancial Officer of the District of Columbia, $16,500,000:

26 Provided, That these funds shall be available for the projects
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1 and in the amounts specified in the Statement of the Man2 agers on the conference report accompanying this Act: Pro3 vided further, That each entity that receives funding under

4 this heading shall submit to the Office of the Chief Finan5 cial Officer of the District of Columbia and the Committees

6 on Appropriations of the House of Representatives and Sen7 ate a report on the activities to be carried out with such

8 funds no later than March 15, 2006.

9 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

10 For a Federal payment for a school improvement pro11 gram in the District of Columbia, $40,000,000, to be allo12 cated as follows: for the District of Columbia Public Schools,

13 $13,000,000 to improve public school education in the Dis14 trict of Columbia; for the State Education Office,

15 $13,000,000 to expand quality public charter schools in the

16 District of Columbia, to remain available until September

17 30, 2007; for the Secretary of the Department of Education,

18 $14,000,000 to provide opportunity scholarships for stu19 dents in the District of Columbia in accordance with divi20 sion C, title III of the District of Columbia Appropriations

21 Act, 2004 (Public Law 108–199; 118 Stat. 126), of which

22 up to $1,000,000 may be used to administer and fund as23 sessments: Provided, That of the $13,000,000 provided for

24 public charter schools in the District of Columbia;

25 $4,000,000, to remain available until expended, shall be for

26 the Direct Loan Fund for Charter Schools; $2,000,000, to
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1 remain available until expended, shall be for Credit En2 hancement; $2,000,000 shall be for continuation of the City

3 Build Charter School Program; $1,500,000 shall be for flexi4 ble grants; $2,000,000 shall be used only for grants to public

5 charter schools for improvement of public school facilities;

6 $400,000 shall be for college access programming; $300,000

7 shall be to create a truancy center; $250,000 shall be for

8 administration of Federal entitlement funding; $300,000

9 shall be for data collection and analysis; and $250,000 shall

10 be for administration within the State Education Office.

11 FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS

12 LABORATORY

13 For a Federal payment to the District of Columbia,

14 $5,200,000, to remain available until September 30, 2007,

15 for costs associated with the construction of a bioterrorism

16 and forensics laboratory: Provided, That the District of Co17 lumbia shall provide an additional $1,500,000 with local

18 funds as a condition of receiving this payment.

19 FEDERAL PAYMENT FOR THE NATIONAL GUARD YOUTH

20 CHALLENGE PROGRAM

21 For a Federal payment to the District of Columbia

22 National Guard for the Youth Challenge program,

23 $500,000.
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1 FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT AND

2 IMPROVEMENT

3 For a Federal payment for marriage development and

4 improvement in the District of Columbia, $3,000,000, to re5 main available until expended: Provided, That $1,500,000

6 shall be for the Capital Area Asset Building Corporation

7 for the establishment of marriage development accounts in

8 accordance with the requirements in the accompanying re9 port, of which $400,000 shall be for program planning,

10 marketing, evaluation, and account administration: Pro11 vided further, That $1,500,000 shall be for mentoring, coun12 seling, community outreach, and training and technical as13 sistance, of which $850,000 shall be for the National Center

14 for Fathering and $650,000 shall be for the East Capitol

15 Center for Change to carry out these activities: Provided

16 further, That within 30 days of enactment of this Act, the

17 entities receiving funds under this title shall submit to the

18 Committees on Appropriations of the House and Senate,

19 a detailed expenditure plan and program requirements that

20 comport with the guidance in the accompanying report.

21 FEDERAL PAYMENT FOR A LATINO YOUTH INITIATIVE

22 For a Federal payment to improve health and edu23 cational outcomes of Latino youth in the District of Colum24 bia, $2,000,000, to remain available until expended: Pro25 vided, That $1,100,000 shall be for The National Council

26 of La Raza to provide mentoring, training, intervention
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1 services and policy research: Provided further, That

2 $400,000 shall be for the MidAtlantic Equity Center to de3 velop a comprehensive Latino youth literacy plan: Provided

4 further, That $500,000 shall be for the Latin American

5 Youth Center for direct services to Latino youth: Provided

6 further, That within 15 days of enactment of this Act, the

7 entities receiving funds under this title shall submit to the

8 Committees on Appropriations of the House and Senate,

9 a detailed expenditure plan that comports with the require10 ments in the accompanying report.

11 FEDERAL PAYMENT FOR PRISONER REENTRANT HOUSING

12 For a Federal payment to the District of Columbia

13 to increase the capacity of available housing for ex-offenders

14 returning to the community, $3,000,000, to remain avail15 able until expended: Provided, That the District will use

16 a portion of these funds to provide housing to on-site men17 tors as a condition of receiving this payment: Provided fur18 ther, That within 15 days of enactment of this Act, the

19 Mayor shall submit to the Committees on Appropriations

20 of the House and Senate, a detailed expenditure plan that

21 comports with the requirements in the accompanying re22 port.

23 DISTRICT OF COLUMBIA FUNDS

24 The following amounts are appropriated for the Dis25 trict of Columbia for the current fiscal year out of the gen26 eral fund of the District of Columbia, except as otherwise
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1 specifically provided: Provided, That notwithstanding any

2 other provision of law, except as provided in section 450A

3 of the District of Columbia Home Rule Act (D.C. Official

4 Code, section 1–204.50a) and provisions of this Act, the

5 total amount appropriated in this Act for operating ex6 penses for the District of Columbia for fiscal year 2006

7 under this heading shall not exceed the lesser of the sum

8 of the total revenues of the District of Columbia for such

9 fiscal year or $8,700,158,000 (of which $5,007,344,000 shall

10 be from local funds, $1,921,287,000 shall be from Federal

11 grant funds, $1,754,399,000 shall be from other funds, and

12 $17,129,000 shall be from private funds), in addition,

13 $163,116,000 from funds previously appropriated in this

14 Act as Federal payments: Provided further, That of the local

15 funds, $466,894,000 shall be derived from the District’s gen16 eral fund balance: Provided further, That of these funds the

17 District’s intradistrict authority shall be $468,486,000: in

18 addition for capital construction projects there is appro19 priated an increase of $2,820,637,000, of which

20 $1,072,671,000 shall be from local funds, $49,551,000 from

21 Highway Trust funds, $172,183,000 from the Local Street

22 Maintenance fund, $378,000,000 from securitization of fu23 ture revenue streams, $400,000,000 from Certificates of

24 Participation financing, $534,800,000 from financing for

25 construction of a baseball stadium, $213,432,000 from Fed-
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1 eral grant funds, and a rescission of $295,032,000 from

2 local funds appropriated under this heading in prior fiscal

3 years, for a net amount of $2,525,605,000, to remain avail4 able until expended: Provided further, That the amounts

5 provided under this heading are to be allocated and ex6 pended as proposed under ‘‘Title II—District of Columbia

7 Funds’’ of the Fiscal Year 2006 Proposed Budget and Fi8 nancial Plan submitted to the Congress of the United States

9 by the District of Columbia on June 6, 2005: Provided fur10 ther, That this amount may be increased by proceeds of one11 time transactions, which are expended for emergency or un12 anticipated operating or capital needs: Provided further,

13 That such increases shall be approved by enactment of local

14 District law and shall comply with all reserve requirements

15 contained in the District of Columbia Home Rule Act as

16 amended by this Act: Provided further, That the Chief Fi17 nancial Officer of the District of Columbia shall take such

18 steps as are necessary to assure that the District of Colum19 bia meets these requirements, including the apportioning by

20 the Chief Financial Officer of the appropriations and funds

21 made available to the District during fiscal year 2006, ex22 cept that the Chief Financial Officer may not reprogram

23 for operating expenses any funds derived from bonds, notes,

24 or other obligations issued for capital projects.
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1 GENERAL PROVISIONS

2 SEC. 101. Whenever in this Act, an amount is specified

3 within an appropriation for particular purposes or objects

4 of expenditure, such amount, unless otherwise specified,

5 shall be considered as the maximum amount that may be

6 expended for said purpose or object rather than an amount

7 set apart exclusively therefor.

8 SEC. 102. Appropriations in this Act shall be available

9 for expenses of travel and for the payment of dues of organi10 zations concerned with the work of the District of Columbia

11 government, when authorized by the Mayor, or, in the case

12 of the Council of the District of Columbia, funds may be

13 expended with the authorization of the Chairman of the

14 Council.

15 SEC. 103. There are appropriated from the applicable

16 funds of the District of Columbia such sums as may be nec17 essary for making refunds and for the payment of legal set18 tlements or judgments that have been entered against the

19 District of Columbia government.

20 SEC. 104. None of the Federal funds provided in this

21 Act may be used for publicity or propaganda purposes or

22 implementation of any policy including boycott designed to

23 support or defeat legislation pending before Congress or any

24 State legislature.
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1 SEC. 105. (a) None of the Federal funds provided in

2 this Act may be used to carry out lobbying activities on

3 any matter. The District may use local funds to carry out

4 lobbying activities not inconsistent with this Act.

5 (b) Nothing in this section may be construed to pro6 hibit any elected official from advocating with respect to

7 any issue.

8 SEC. 106. (a) None of the funds provided under this

9 title to the agencies funded by this title, both Federal and

10 District government agencies, that remain available for ob11 ligation or expenditure in fiscal year 2006, or provided

12 from any accounts in the Treasury of the United States

13 derived by the collection of fees available to the agencies

14 funded by this title, shall be available for obligation or ex15 penditures for an agency through a reprogramming of funds

16 which—

17 (1) creates new programs;

18 (2) eliminates a program, project, or responsi19 bility center;

20 (3) establishes or changes allocations specifically

21 denied, limited or increased under this Act;

22 (4) increases funds or personnel by any means

23 for any program, project, or responsibility center for

24 which funds have been denied or restricted;
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1 (5) reestablishes any program or project pre2 viously deferred through reprogramming;

3 (6) augments any existing program, project, or

4 responsibility center through a reprogramming of

5 funds in excess of $3,000,000 or 10 percent, whichever

6 is less; or

7 (7) increases by 20 percent or more personnel as8 signed to a specific program, project or responsibility

9 center,

10 unless the Committees on Appropriations of the House of

11 Representatives and Senate are notified in writing 15 days

12 in advance of the reprogramming.

13 (b) None the local funds contained in this Act may

14 be available for obligation or expenditure for an agency

15 through a transfer of any local funds in excess of $3,000,000

16 from one appropriation heading to another unless the Com17 mittees on Appropriations of the House of Representatives

18 and Senate are notified in writing 15 days in advance of

19 the transfer, except that in no event may the amount of

20 any funds transferred exceed 4 percent of the local funds

21 in the appropriations.

22 SEC. 107. Consistent with the provisions of section

23 1301(a) of title 31, United States Code, appropriations

24 under this Act shall be applied only to the objects for which
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1 the appropriations were made except as otherwise provided

2 by law.

3 SEC. 108. Notwithstanding any other provisions of

4 law, the provisions of the District of Columbia Government

5 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–

6 139; D.C. Official Code, section 1–601.01 et seq.), enacted

7 pursuant to section 422(3) of the District of Columbia

8 Home Rule Act (D.C. Official Code, section 1–204l.22(3)),

9 shall apply with respect to the compensation of District of

10 Columbia employees. For pay purposes, employees of the

11 District of Columbia government shall not be subject to the

12 provisions of title 5, United States Code.

13 SEC. 109. No later than 30 days after the end of the

14 first quarter of fiscal year 2006, the Mayor of the District

15 of Columbia shall submit to the Council of the District of

16 Columbia and the Committees on Appropriations of the

17 House of Representatives and Senate the new fiscal year

18 2006 revenue estimates as of the end of such quarter. These

19 estimates shall be used in the budget request for fiscal year

20 2007. The officially revised estimates at midyear shall be

21 used for the midyear report.

22 SEC. 110. No sole source contract with the District of

23 Columbia government or any agency thereof may be re24 newed or extended without opening that contract to the

25 competitive bidding process as set forth in section 303 of
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1 the District of Columbia Procurement Practices Act of 1985

2 (D.C. Law 6–85; D.C. Official Code, section 2–303.03), ex3 cept that the District of Columbia government or any agen4 cy thereof may renew or extend sole source contracts for

5 which competition is not feasible or practical, but only if

6 the determination as to whether to invoke the competitive

7 bidding process has been made in accordance with duly pro8 mulgated rules and procedures and has been reviewed and

9 certified by the Chief Financial Officer of the District of

10 Columbia.

11 SEC. 111. None of the Federal funds provided in this

12 Act may be used by the District of Columbia to provide

13 for salaries, expenses, or other costs associated with the of14 fices of United States Senator or United States Representa15 tive under section 4(d) of the District of Columbia State16 hood Constitutional Convention Initiatives of 1979 (D.C.

17 Law 3–171; D.C. Official Code, section 1–123).

18 SEC. 112. None of the Federal funds made available

19 in this Act may be used to implement or enforce the Health

20 Care Benefits Expansion Act of 1992 (D.C. Law 9–114;

21 D.C. Official Code, section 32–701 et seq.) or to otherwise

22 implement or enforce any system of registration of unmar23 ried, cohabiting couples, including but not limited to reg24 istration for the purpose of extending employment, health,
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1 or governmental benefits to such couples on the same basis

2 that such benefits are extended to legally married couples.

3 SEC. 113. (a) Notwithstanding any other provision of

4 this Act, the Mayor, in consultation with the Chief Finan5 cial Officer of the District of Columbia may accept, obligate,

6 and expend Federal, private, and other grants received by

7 the District government that are not reflected in the

8 amounts appropriated in this Act.

9 (b)(1) No such Federal, private, or other grant may

10 be obligated, or expended pursuant to subsection (a) until—

11 (A) the Chief Financial Officer of the District of

12 Columbia submits to the Council a report setting

13 forth detailed information regarding such grant; and

14 (B) the Council has reviewed and approved the

15 obligation, and expenditure of such grant.

16 (2) For purposes of paragraph (1)(B), the Council

17 shall be deemed to have reviewed and approved the obliga18 tion, and expenditure of a grant if—

19 (A) no written notice of disapproval is filed with

20 the Secretary of the Council within 14 calendar days

21 of the receipt of the report from the Chief Financial

22 Officer under paragraph (1)(A); or

23 (B) if such a notice of disapproval is filed with24 in such deadline, the Council does not by resolution

25 disapprove the obligation, or expenditure of the grant
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1 within 30 calendar days of the initial receipt of the

2 report from the Chief Financial Officer under para3 graph (1)(A).

4 (c) No amount may be obligated or expended from the

5 general fund or other funds of the District of Columbia gov6 ernment in anticipation of the approval or receipt of a

7 grant under subsection (b)(2) or in anticipation of the ap8 proval or receipt of a Federal, private, or other grant not

9 subject to such subsection.

10 (d) The Chief Financial Officer of the District of Co11 lumbia may adjust the budget for Federal, private, and

12 other grants received by the District government reflected

13 in the amounts appropriated in this title, or approved and

14 received under subsection (b)(2) to reflect a change in the

15 actual amount of the grant.

16 (e) The Chief Financial Officer of the District of Co17 lumbia shall prepare a quarterly report setting forth de18 tailed information regarding all Federal, private, and other

19 grants subject to this section. Each such report shall be sub20 mitted to the Council of the District of Columbia and to

21 the Committees on Appropriations of the House of Rep22 resentatives and Senate not later than 15 days after the

23 end of the quarter covered by the report.

24 SEC. 114. (a) Except as otherwise provided in this sec25 tion, none of the funds made available by this Act or by
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1 any other Act may be used to provide any officer or em2 ployee of the District of Columbia with an official vehicle

3 unless the officer or employee uses the vehicle only in the

4 performance of the officer’s or employee’s official duties. For

5 purposes of this paragraph, the term ‘‘official duties’’ does

6 not include travel between the officer’s or employee’s resi7 dence and workplace, except in the case of—

8 (1) an officer or employee of the Metropolitan

9 Police Department who resides in the District of Co10 lumbia or is otherwise designated by the Chief of the

11 Department;

12 (2) at the discretion of the Fire Chief, an officer

13 or employee of the District of Columbia Fire and

14 Emergency Medical Services Department who resides

15 in the District of Columbia and is on call 24 hours

16 a day or is otherwise designated by the Fire Chief;

17 (3) the Mayor of the District of Columbia; and

18 (4) the Chairman of the Council of the District

19 of Columbia.

20 (b) The Chief Financial Officer of the District of Co21 lumbia shall submit by March 1, 2006, an inventory, as

22 of September 30, 2005, of all vehicles owned, leased or oper23 ated by the District of Columbia government. The inventory

24 shall include, but not be limited to, the department to which

25 the vehicle is assigned; the year and make of the vehicle;
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1 the acquisition date and cost; the general condition of the

2 vehicle; annual operating and maintenance costs; current

3 mileage; and whether the vehicle is allowed to be taken home

4 by a District officer or employee and if so, the officer or

5 employee’s title and resident location.

6 SEC. 115. None of the funds contained in this Act may

7 be used for purposes of the annual independent audit of

8 the District of Columbia government for fiscal year 2006

9 unless—

10 (1) the audit is conducted by the Inspector Gen11 eral of the District of Columbia, in coordination with

12 the Chief Financial Officer of the District of Colum13 bia, pursuant to section 208(a)(4) of the District of

14 Columbia Procurement Practices Act of 1985 (D.C.

15 Official Code, section 2–302.8); and

16 (2) the audit includes as a basic financial state17 ment a comparison of audited actual year-end results

18 with the revenues submitted in the budget document

19 for such year and the appropriations enacted into law

20 for such year using the format, terminology, and clas21 sifications contained in the law making the appro22 priations for the year and its legislative history.

23 SEC. 116. (a) None of the funds contained in this Act

24 may be used by the District of Columbia Corporation Coun25 sel or any other officer or entity of the District government
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1 to provide assistance for any petition drive or civil action

2 which seeks to require Congress to provide for voting rep3 resentation in Congress for the District of Columbia.

4 (b) Nothing in this section bars the District of Colum5 bia Corporation Counsel from reviewing or commenting on

6 briefs in private lawsuits, or from consulting with officials

7 of the District government regarding such lawsuits.

8 SEC. 117. (a) None of the Federal funds contained in

9 this Act may be used for any program of distributing sterile

10 needles or syringes for the hypodermic injection of any ille11 gal drug.

12 (b) Any individual or entity who receives any funds

13 contained in this Act and who carries out any program

14 described in subsection (a) shall account for all funds used

15 for such program separately from any funds contained in

16 this Act.

17 SEC. 118. None of the funds contained in this Act may

18 be used after the expiration of the 60-day period that begins

19 on the date of the enactment of this Act to pay the salary

20 of any chief financial officer of any office of the District

21 of Columbia government (including any independent agen22 cy of the District of Columbia) who has not filed a certifi23 cation with the Mayor and the Chief Financial Officer of

24 the District of Columbia that the officer understands the

25 duties and restrictions applicable to the officer and the offi-
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1 cer’s agency as a result of this Act (and the amendments

2 made by this Act), including any duty to prepare a report

3 requested either in the Act or in any of the reports accom4 panying the Act and the deadline by which each report

5 must be submitted: Provided, That the Chief Financial Offi6 cer of the District of Columbia shall provide to the Commit7 tees on Appropriations of the House of Representatives and

8 Senate by April 1, 2006 and October 1, 2006, a summary

9 list showing each report, the due date, and the date sub10 mitted to the Committees.

11 SEC. 119. Nothing in this Act may be construed to pre12 vent the Council or Mayor of the District of Columbia from

13 addressing the issue of the provision of contraceptive cov14 erage by health insurance plans, but it is the intent of Con15 gress that any legislation enacted on such issue should in16 clude a ‘‘conscience clause’’ which provides exceptions for

17 religious beliefs and moral convictions.

18 SEC. 120. The Mayor of the District of Columbia shall

19 submit to the Committees on Appropriations of the House

20 of Representatives and Senate, the Committee on Govern21 ment Reform of the House of Representatives, and the Com22 mittee on Governmental Affairs of the Senate quarterly re23 ports addressing—

24 (1) crime, including the homicide rate, imple25 mentation of community policing, the number of po-
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1 lice officers on local beats, and the closing down of

2 open-air drug markets;

3 (2) access to substance and alcohol abuse treat4 ment, including the number of treatment slots, the

5 number of people served, the number of people on

6 waiting lists, and the effectiveness of treatment pro7 grams;

8 (3) management of parolees and pre-trial violent

9 offenders, including the number of halfway houses es10 capes and steps taken to improve monitoring and su11 pervision of halfway house residents to reduce the

12 number of escapes to be provided in consultation with

13 the Court Services and Offender Supervision Agency

14 for the District of Columbia;

15 (4) education, including access to special edu16 cation services and student achievement to be pro17 vided in consultation with the District of Columbia

18 Public Schools and the District of Columbia public

19 charter schools;

20 (5) improvement in basic District services, in21 cluding rat control and abatement;

22 (6) application for and management of Federal

23 grants, including the number and type of grants for

24 which the District was eligible but failed to apply

25 and the number and type of grants awarded to the
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1 District but for which the District failed to spend the

2 amounts received; and

3 (7) indicators of child well-being.

4 SEC. 121. (a) No later than 30 calendar days after

5 the date of the enactment of this Act, the Chief Financial

6 Officer of the District of Columbia shall submit to the ap7 propriate committees of Congress, the Mayor, and the Coun8 cil of the District of Columbia a revised appropriated funds

9 operating budget in the format of the budget that the Dis10 trict of Columbia government submitted pursuant to section

11 442 of the District of Columbia Home Rule Act (D.C. Offi12 cial Code, section 1–204.42), for all agencies of the District

13 of Columbia government for fiscal year 2006 that is in the

14 total amount of the approved appropriation and that re15 aligns all budgeted data for personal services and other16 than-personal-services, respectively, with anticipated actual

17 expenditures.

18 (b) This section shall apply only to an agency where

19 the Chief Financial Officer of the District of Columbia cer20 tifies that a reallocation is required to address unantici21 pated changes in program requirements.

22 SEC. 122. Notwithstanding any other law, in fiscal

23 year 2006 and in each subsequent fiscal year, the District

24 of Columbia Courts shall transfer to the general treasury

25 of the District of Columbia all fines levied and collected by
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1 the Courts under section 10(b)(1) and (2) of the District

2 of Columbia Traffic Act (D.C. Official Code, section 50–

3 2201.05(b)(1) and (2)): Provided, that the transferred funds

4 are hereby made available and shall remain available until

5 expended and shall be used by the Office of the Attorney

6 General of the District of Columbia for enforcement and

7 prosecution of District traffic alcohol laws in accordance

8 with section 10(b)(3) of the District of Columbia Traffic

9 Act (D.C. Official Code, section 50–2201.05(b)(3)).

10 SEC. 123. (a) None of the funds contained in this Act

11 may be made available to pay—

12 (1) the fees of an attorney who represents a

13 party in an action or an attorney who defends an ac14 tion brought against the District of Columbia Public

15 Schools under the Individuals with Disabilities Edu16 cation Act (20 U.S.C. 1400 et seq.) in excess of $4,000

17 for that action; or

18 (2) the fees of an attorney or firm whom the

19 Chief Financial Officer of the District of Columbia

20 determines to have a pecuniary interest, either

21 through an attorney, officer, or employee of the firm,

22 in any special education diagnostic services, schools,

23 or other special education service providers.
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1 (b) In this section, the term ‘‘action’’ includes an ad2 ministrative proceeding and any ensuing or related pro3 ceedings before a court of competent jurisdiction.

4 SEC. 124. The Chief Financial Officer of the District

5 of Columbia shall require attorneys in special education

6 cases brought under the Individuals with Disabilities Edu7 cation Act (IDEA) in the District of Columbia to certify

8 in writing that the attorney or representative rendered any

9 and all services for which they receive awards, including

10 those received under a settlement agreement or as part of

11 an administrative proceeding, under the IDEA from the

12 District of Columbia. As part of the certification, the Chief

13 Financial Officer of the District of Columbia shall require

14 all attorneys in IDEA cases to disclose any financial, cor15 porate, legal, memberships on boards of directors, or other

16 relationships with any special education diagnostic serv17 ices, schools, or other special education service providers to

18 which the attorneys have referred any clients as part of this

19 certification. The Chief Financial Officer shall prepare and

20 submit quarterly reports to the Committees on Appropria21 tions of the House of Representatives and Senate on the cer22 tification of and the amount paid by the government of the

23 District of Columbia, including the District of Columbia

24 Public Schools, to attorneys in cases brought under IDEA.

25 The Inspector General of the District of Columbia may con-
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1 duct investigations to determine the accuracy of the certifi2 cations.

3 SEC. 125. The amount appropriated by this title may

4 be increased by no more than $42,000,000 from funds iden5 tified in the comprehensive annual financial report as the

6 District’s fiscal year 2005 unexpended general fund surplus.

7 The District may obligate and expend these amounts only

8 in accordance with the following conditions:

9 (1) The Chief Financial Officer of the District of

10 Columbia shall certify that the use of any such

11 amounts is not anticipated to have a negative impact

12 on the District’s long-term financial, fiscal, and eco13 nomic vitality.

14 (2) The District of Columbia may only use these

15 funds for the following expenditures:

16 (A) One-time expenditures.

17 (B) Expenditures to avoid deficit spending.

18 (C) Debt Reduction.

19 (D) Program needs.

20 (E) Expenditures to avoid revenue short21 falls.

22 (3) The amounts shall be obligated and expended

23 in accordance with laws enacted by the Council in

24 support of each such obligation or expenditure.
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1 (4) The amounts may not be used to fund the

2 agencies of the District of Columbia government

3 under court ordered receivership.

4 (5) The amounts may not be obligated or ex5 pended unless the Mayor notifies the Committees on

6 Appropriations of the House of Representatives and

7 Senate not fewer than 30 days in advance of the obli8 gation or expenditure.

9 SEC. 126. (a) The fourth proviso in the item relating

10 to ‘‘Federal Payment for School Improvement’’ in the Dis11 trict of Columbia Appropriations Act, 2005 (Public Law

12 108–335; 118 Stat. 1327) is amended—

13 (1) by striking ‘‘$4,000,000’’ and inserting

14 ‘‘$4,000,000, to remain available until expended,’’;

15 and

16 (2) by striking ‘‘$2,000,000 shall be for a new

17 incentive fund’’ and inserting ‘‘$2,000,000, to remain

18 available until expended, shall be for a new incentive

19 fund’’.

20 (b) The amendments made by subsection (a) shall take

21 effect as if included in the enactment of the District of Co22 lumbia Appropriations Act, 2005.

23 SEC. 127. (a) To account for an unanticipated growth

24 of revenue collections, the amount appropriated as District
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1 of Columbia Funds pursuant to this Act may be

2 increased—

3 (1) by an aggregate amount of not more than 25

4 percent, in the case of amounts proposed to be allo5 cated as ‘‘Other-Type Funds’’ in the Fiscal Year 2006

6 Proposed Budget and Financial Plan submitted to

7 Congress by the District of Columbia on June 6,

8 2005; and

9 (2) by an aggregate amount of not more than 6

10 percent, in the case of any other amounts proposed to

11 be allocated in such Proposed Budget and Financial

12 Plan.

13 (b) The District of Columbia may obligate and expend

14 any increase in the amount of funds authorized under this

15 section only in accordance with the following conditions:

16 (1) The Chief Financial Officer of the District of

17 Columbia shall certify—

18 (A) the increase in revenue; and

19 (B) that the use of the amounts is not an20 ticipated to have a negative impact on the long21 term financial, fiscal, or economic health of the

22 District.

23 (2) The amounts shall be obligated and expended

24 in accordance with laws enacted by the Council of the

25 District of Columbia in support of each such obliga-
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1 tion and expenditure, consistent with the require2 ments of this Act.

3 (3) The amounts may not be used to fund any

4 agencies of the District government operating under

5 court-ordered receivership.

6 (4) The amounts may not be obligated or ex7 pended unless the Mayor has notified the Committees

8 on Appropriations of the House of Representatives

9 and Senate not fewer than 30 days in advance of the

10 obligation or expenditure.

11 SEC. 128. Beginning in fiscal year 2006 and for each

12 fiscal year thereafter, the Chief Financial Officer for the

13 District of Columbia may, for the purpose of cash flow man14 agement, conduct short-term borrowing from the emergency

15 reserve fund and from the contingency reserve fund estab16 lished under section 450A of the District of Columbia Home

17 Rule Act (Public Law 98–198): Provided, That the amount

18 borrowed shall not exceed 50 percent of the total amount

19 of funds contained in both the emergency and contingency

20 reserve funds at the time of borrowing: Provided further,

21 That the borrowing shall not deplete either fund by more

22 than 50 percent: Provided further, That 100 percent of the

23 funds borrowed shall be replenished within 9 months of the

24 time of the borrowing or by the end of the fiscal year, which25 ever occurs earlier: Provided further, That in the event that
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1 short-term borrowing has been conducted and the emergency

2 or the contingency funds are later depleted below 50 percent

3 as a result of an emergency or contingency, an amount

4 equal to the amount necessary to restore reserve levels to

5 50 percent of the total amount of funds contained in both

6 the emergency and contingency reserve fund must be replen7 ished from the amount borrowed within 60 days.

8 SEC. 129. (a) None of the funds contained in this Act

9 may be used to enact or carry out any law, rule, or regula10 tion to legalize or otherwise reduce penalties associated with

11 the possession, use, or distribution of any schedule I sub12 stance under the Controlled Substances Act (21 U.S.C. 802)

13 or any tetrahydrocannabinols derivative.

14 (b) The Legalization of Marijuana for Medical Treat15 ment Initiative of 1998, also known as Initiative 59, ap16 proved by the electors of the District of Columbia on Novem17 ber 3, 1998, shall not take effect.

18 SEC. 130. None of the funds appropriated under this

19 Act shall be expended for any abortion except where the life

20 of the mother would be endangered if the fetus were carried

21 to term or where the pregnancy is the result of an act of

22 rape or incest.

23 SEC. 131. CONVEYANCE OF TITLE FOR EDUCATIONAL

24 PURPOSES.—Section 7 of the District of Columbia Stadium

25 Act of 1957 (Public Law 85–300, 71 Stat. 619), as amend-
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1 ed, is further amended by inserting after paragraph (d)(4)

2 the following:

3 ‘‘(e)(1) Upon receipt of a written description from the

4 District of Columbia of not more than 15 contiguous acres

5 (hereinafter referred to as ‘the 15 acres’), with the longest

6 side of the 15 acres abutting one of the roads bounding the

7 property, within the area designated ‘D’ on the revised map

8 entitled ‘Map to Designate Transfer of Stadium and Lease

9 of Parking Lots to the District’ and bound by Oklahoma

10 Avenue, NE, Benning Road, NE, the Metro line, and C

11 Street, NE, and execution of a long-term lease that is con12 tingent up the Secretary’s conveyance of the 15 acres and

13 for the purpose consistent with this paragraph, the Sec14 retary shall convey the 15 acres described land to the Dis15 trict of Columbia for the purpose of siting, developing, and

16 operating an educational institution for the public welfare,

17 with first preference given to a pre-collegiate public board18 ing school.

19 ‘‘(2) Upon conveyance, the portion of the stadium lease

20 that affects the 15 acres on the property and all the condi21 tions associated therewith shall terminate, and the 15 acres

22 property shall be removed from the ‘Map to Designate

23 Transfer of Stadium and Lease of Parking Lots to the Dis24 trict’, and the long-term lease described in paragraph (1)

25 shall take effect immediately.’’.
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1 SEC. 132. CONTINUATION OF CERTAIN AUTHORITIES

2 OF CHIEF FINANCIAL OFFICER. The authority that the

3 Chief Financial Officer of the District of Columbia exercised

4 with respect to personnel and the preparation of fiscal im5 pact statements during a control period (as defined in Pub6 lic Law 104–8) shall remain in effect until September 30,

7 2006.

8 SEC. 133. CLARIFICATION OF CERTAIN AUTHORITIES

9 OF THE CHIEF FINANCIAL OFFICER. The entire process used

10 by the Chief Financial Officer to acquire any and all kinds

11 of goods, works and services by any contractual means, in12 cluding but not limited to purchase, lease or rental, shall

13 be exempt from all of the provisions of the District of Co14 lumbia’s Procurement Practices Act: Provided, That provi15 sions made by this subsection shall take effect as if enacted

16 in D.C. Law 11–259 and shall remain in effect until Sep17 tember 30, 2006.

18 SEC. 134. Section 4013 of the Uniform Per Student

19 Funding Formula for Public Schools and Public Charter

20 Schools Amendment Act of 2005, passed on first reading

21 on May 10, 2005 (engrossed version of Bill 16–200), is here22 by enacted into law.

23 SEC. 135. The Chief Financial Officer of the District

24 is hereby authorized to transfer $5,000,000 from the local

25 funds appropriated for the Deputy Mayor for Economic De-
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1 velopment to the Anacostia Waterfront Corporation and to

2 reallocate the appropriation authority for such funds to a

3 heading to be entitled ‘‘Anacostia Waterfront Corporation’’

4 in addition, an amount of $3,200,000 is hereby appro5 priated from the local funds made available to the Ana6 costia Waterfront Corporation in fiscal year 2005. Pro7 vided, That all of the funds made available herein to the

8 Anacostia Waterfront Corporation shall remain available

9 until expended.

10 SEC. 136. Amounts appropriated in the Act for the De11 partment of Health may be increased by $250,000 in local

12 funds to remain available until expended to conduct a

13 health study in Spring Valley.

14 SEC. 137. WAIVER OF CONGRESSIONAL REVIEW OF

15 AMENDMENTS TO BALLPARK OMNIBUS FINANCING AND

16 REVENUE ACT OF 2004.—Notwithstanding section

17 602(c)(1) of the District of Columbia Home Rule Act,

18 amendments to the Ballpark Technical Amendments Act of

19 2005 and the Ballpark Fee Rebate Act of 2005 shall take

20 effect on the date of the enactment by the District of Colum21 bia.
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1 This division may be cited as the ‘‘District of Colum2 bia Appropriations Act, 2006’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 3058

AMENDMENT