PUBLIC LAW 109–108—NOV. 22, 2005

SCIENCE, STATE, JUSTICE, COMMERCE, AND

RELATED AGENCIES APPROPRIATIONS ACT,

2006

119 STAT. 2290 PUBLIC LAW 109–108—NOV. 22, 2005

Public Law 109–108

109th Congress

An Act

Making appropriations for Science, the Departments of State, Justice, and Commerce,

and related agencies for the fiscal year ending September 30, 2006, and for

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2006, and for other purposes, namely:

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $124,456,000, of which not to exceed $3,317,000

is for the Facilities Program 2000, to remain available until

expended: Provided, That not to exceed 45 permanent positions

and 46 full-time equivalent workyears and $11,821,000 shall be

expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 2005: Provided

further, That not to exceed 26 permanent positions, 21 full-time

equivalent workyears and $3,480,000 shall be expended for the

Office of Legislative Affairs: Provided further, That not to exceed

17 permanent positions, 22 full-time equivalent workyears and

$2,764,000 shall be expended for the Office of Public Affairs: Provided further, That the Offices of Legislative Affairs and Public

Affairs may utilize, on a non-reimbursable basis details of career

employees within the ceilings provided for the Office of Legislative

Affairs and the Office of Public Affairs: Provided further, That

not less than $500,000 shall be used to contract with an independent

party to carry out a privacy assessment.

JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology,

including planning, development, deployment and Departmental

direction, $125,000,000, to remain available until expended: Provided, That, of the funds available $10,000,000 is for the unified

financial management system to be administered by the Unified

Financial Management System Executive Council: Provided further,

That of the funds provided, $20,000,000 is unavailable for obligation

until the Department Chief Information Officer submits the plan

described in section 110 of this title.

Department of

Justice

Appropriations

Act, 2006.

Science, State,

Justice,

Commerce, and

Related Agencies

Appropriations

Act, 2006.

Nov. 22, 2005

[H.R. 2862]

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2291

NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK

For the costs of conversion to narrowband communications,

including the cost for operation and maintenance of Land Mobile

Radio legacy systems, $90,000,000, to remain available until September 30, 2007: Provided, That the Attorney General shall transfer

to this account all funds made available to the Department of

Justice for the purchase of portable and mobile radios: Provided

further, That any transfer made under the preceding proviso shall

be subject to section 605 of this Act.

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $215,685,000.

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, $1,222,000,000, of which $45,000,000 shall be derived from prior

year unobligated balances from funds previously appropriated, to

remain available until expended: Provided, That the Trustee shall

be responsible for managing the Justice Prisoner and Alien

Transportation System and for overseeing housing related to such

detention: Provided further, That any unobligated balances available in prior years from the funds appropriated under the heading

‘‘Federal Prisoner Detention’’ shall be transferred to and merged

with the appropriation under the heading ‘‘Detention Trustee’’ and

shall be available until expended.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $68,801,000, including not to exceed $10,000 to meet unforeseen

emergencies of a confidential character.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission

as authorized, $11,000,000.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed

$20,000 for expenses of collecting evidence, to be expended under

the direction of, and to be accounted for solely under the certificate

of, the Attorney General; and rent of private or Government-owned

space in the District of Columbia, $661,959,000, of which not to

exceed $10,000,000 for litigation support contracts shall remain

available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United

States National Central Bureau, INTERPOL, for official reception

and representation expenses: Provided further, That notwithstanding section 105 of this Act, upon a determination by the

Attorney General that emergent circumstances require additional

119 STAT. 2292 PUBLIC LAW 109–108—NOV. 22, 2005

funding for litigation activities of the Civil Division, the Attorney

General may transfer such amounts to ‘‘Salaries and Expenses,

General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary

to respond to such circumstances: Provided further, That any

transfer pursuant to the previous proviso shall be treated as a

reprogramming under section 605 of this Act and shall not be

available for obligation or expenditure except in compliance with

the procedures set forth in that section.

In addition, for reimbursement of expenses of the Department

of Justice associated with processing cases under the National

Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000,

to be appropriated from the Vaccine Injury Compensation Trust

Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and

kindred laws, $144,451,000, to remain available until expended:

Provided, That, notwithstanding any other provision of law, not

to exceed $116,000,000 of offsetting collections derived from fees

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated from

the general fund shall be reduced as such offsetting collections

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

fiscal year 2006 appropriation from the general fund estimated

at not more than $28,451,000.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States

Attorneys, including inter-governmental and cooperative agreements, $1,600,000,000: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception

and representation expenses: Provided further, That not to exceed

$20,000,000 shall remain available until expended: Provided further,

That of the funds made available under this heading, $1,500,000

shall only be available to continue ‘‘Operation Streetsweeper’’.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as authorized, $214,402,000, to remain available until expended

and to be derived from the United States Trustee System Fund:

Provided, That, notwithstanding any other provision of law, deposits

to the Fund shall be available in such amounts as may be necessary

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $214,402,000 of offsetting

collections pursuant to 28 U.S.C. 589a(b) shall be retained and

used for necessary expenses in this appropriation and remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections

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

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

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2293

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign

Claims Settlement Commission, including services as authorized

by 5 U.S.C. 3109, $1,320,000.

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service,

$793,031,000; of which not to exceed $6,000 shall be available

for official reception and representation expenses; of which

$4,000,000 for information technology systems shall remain available until expended; and of which not less than $12,000,000 shall

be available for the costs of courthouse security equipment,

including furnishings, relocations, and telephone systems and

cabling, and shall remain available until expended.

CONSTRUCTION

For construction in space controlled, occupied or utilized by

the United States Marshals Service in United States courthouses

and Federal buildings, $8,883,000, to remain available until

expended.

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts

for the procurement and supervision of expert witnesses, for private

counsel expenses, including advances, such sums as are necessary,

to remain available until expended: Provided, That not to exceed

$10,000,000 may be made available for construction of buildings

for protected witness safesites: Provided further, That not to exceed

$1,000,000 may be made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses:

Provided further, That not to exceed $9,000,000 may be made

available for the purchase, installation, maintenance and upgrade

of secure telecommunications equipment and a secure automated

information network to store and retrieve the identities and locations of protected witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,

$9,659,000: Provided, That notwithstanding section 105 of this Act,

upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and

violence prevention activities of the Community Relations Service,

the Attorney General may transfer such amounts to the Community

Relations Service, from available appropriations for the current

fiscal year for the Department of Justice, as may be necessary

to respond to such circumstances: Provided further, That any

transfer pursuant to the previous proviso shall be treated as a

reprogramming under section 605 of this Act and shall not be

available for obligation or expenditure except in compliance with

the procedures set forth in that section.

119 STAT. 2294 PUBLIC LAW 109–108—NOV. 22, 2005

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $21,468,000, to be derived from the Department of Justice

Assets Forfeiture Fund.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and

prosecution of individuals associated with the most significant drug

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime

drug trafficking, $489,440,000, of which $50,000,000 shall remain

available until expended: Provided, That any amounts obligated

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation

for detection, investigation, and prosecution of crimes against the

United States; including purchase for police-type use of not to

exceed 3,868 passenger motor vehicles, of which 3,039 will be for

replacement only; and not to exceed $70,000 to meet unforeseen

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

$5,728,737,000; of which not to exceed $150,000,000 shall remain

available until expended; of which $2,288,897,000 shall be for

counterterrorism investigations, foreign counterintelligence, and

other activities related to our national security; and of which not

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

advances for expenses arising out of contractual or reimbursable

agreements with State and local law enforcement agencies while

engaged in cooperative activities related to violent crime, terrorism,

organized crime, gang-related crime, cybercrime, and drug investigations: Provided, That not to exceed $205,000 shall be available

for official reception and representation expenses.

CONSTRUCTION

For necessary expenses to construct or acquire buildings and

sites by purchase, or as otherwise authorized by law (including

equipment for such buildings); conversion and extension of Federally-owned buildings; and preliminary planning and design of

projects; $37,608,000, to remain available until expended: Provided,

That $15,108,000 shall be available for the planning, design, and

construction of the Federal Bureau of Investigation Center for

Integrated Training and Technology Transfer in Redstone Arsenal:

Provided further, That $5,000,000 shall be available for a chemical

and biological evidence handling and storage facility to be co-located

with comparable facilities in existence for sample, handling and

receipt of hazardous material by the Department of the Army:

Provided further, That $10,000,000 shall be available for equipment

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2295

and associated costs for a permanent central records complex in

Frederick County, Virginia.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C;

expenses for conducting drug education and training programs,

including travel and related expenses for participants in such programs and the distribution of items of token value that promote

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

passenger motor vehicles, of which 937 will be for replacement

only, for police-type use, $1,686,457,000; of which not to exceed

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

not to exceed $100,000 shall be available for official reception and

representation expenses.

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822

vehicles for police-type use, of which 650 shall be for replacement

only; not to exceed $40,000 for official reception and representation

expenses; for training of State and local law enforcement agencies

with or without reimbursement, including training in connection

with the training and acquisition of canines for explosives and

fire accelerants detection; and for provision of laboratory assistance

to State and local law enforcement agencies, with or without

reimbursement, $923,613,000, of which not to exceed $1,000,000

shall be available for the payment of attorneys’ fees as provided

by 18 U.S.C. 924(d)(2); and of which $10,000,000 shall remain

available until expended: Provided, That no funds appropriated

herein shall be available for salaries or administrative expenses

in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition

and disposition of firearms maintained by Federal firearms

licensees: Provided further, That no funds appropriated herein shall

be used to pay administrative expenses or the compensation of

any officer or employee of the United States to implement an

amendment or amendments to 27 CFR 178.118 or to change the

definition of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove any

item from ATF Publication 5300.11 as it existed on January 1,

1994: Provided further, That none of the funds appropriated herein

shall be available to investigate or act upon applications for relief

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

further, That such funds shall be available to investigate and act

upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States

Code: Provided further, That no funds made available by this or

any other Act may be used to transfer the functions, missions,

or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments in fiscal year 2006: Provided

further, That no funds appropriated under this or any other Act 18 USC 923 note.

119 STAT. 2296 PUBLIC LAW 109–108—NOV. 22, 2005

with respect to any fiscal year may be used to disclose part or

all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol,

Tobacco, Firearms and Explosives or any information required to

be kept by licensees pursuant to section 923(g) of title 18, United

States Code, or required to be reported pursuant to paragraphs

(3) and (7) of such section 923(g), to anyone other than a Federal,

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

connection with and for use in a bona fide criminal investigation

or prosecution and then only such information as pertains to the

geographic jurisdiction of the law enforcement agency requesting

the disclosure and not for use in any civil action or proceeding

other than an action or proceeding commenced by the Bureau

of Alcohol, Tobacco, Firearms and Explosives, or a review of such

an action or proceeding, to enforce the provisions of chapter 44

of such title, and all such data shall be immune from legal process

and shall not be subject to subpoena or other discovery, shall

be inadmissible in evidence, and shall not be used, relied on, or

disclosed in any manner, nor shall testimony or other evidence

be permitted based upon such data, in any civil action pending

on or filed after the effective date of this Act in any State (including

the District of Columbia) or Federal court or in any administrative

proceeding other than a proceeding commenced by the Bureau

of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of that chapter, or a review of such an action or proceeding;

except that this proviso shall not be construed to prevent the

disclosure of statistical information concerning total production,

importation, and exportation by each licensed importer (as defined

in section 921(a)(9) of such title) and licensed manufacturer (as

defined in section 921(a)(10) of such title): Provided further, That

no funds made available by this or any other Act shall be expended

to promulgate or implement any rule requiring a physical inventory

of any business licensed under section 923 of title 18, United

States Code: Provided further, That no funds under this Act may

be used to electronically retrieve information gathered pursuant

to 18 U.S.C. 923(g)(4) by name or any personal identification code:

Provided further, That no funds authorized or made available under

this or any other Act may be used to deny any application for

a license under section 923 of title 18, United States Code, or

renewal of such a license due to a lack of business activity, provided

that the applicant is otherwise eligible to receive such a license,

and is eligible to report business income or to claim an income

tax deduction for business expenses under the Internal Revenue

Code of 1986: Provided further, That of the amount provided under

this heading, $5,000,000, to remain available until expended, shall

be for the expenses necessary for site selection, architectural design,

site preparation and the development of a total cost estimate for

the construction of a permanent site for the National Center for

Explosives Training and Research: Provided further, That any funds

remaining shall be applied to the construction of the Center: Provided further, That the Director of the ATF, when considering

site selection shall consider a site collocated with other law enforcement and Federal Government entities that provide similar training

and research.

Applicability.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2297

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary of the Federal Prison System for the

administration, operation, and maintenance of Federal penal and

correctional institutions, including purchase (not to exceed 768,

of which 701 are for replacement only) and hire of law enforcement

and passenger motor vehicles, and for the provision of technical

assistance and advice on corrections related issues to foreign governments, $4,892,649,000: Provided, That the Attorney General may

transfer to the Health Resources and Services Administration such

amounts as may be necessary for direct expenditures by that

Administration for medical relief for inmates of Federal penal and

correctional institutions: Provided further, That the Director of the

Federal Prison System, where necessary, may enter into contracts

with a fiscal agent/fiscal intermediary claims processor to determine

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

Prison System, furnish health services to individuals committed

to the custody of the Federal Prison System: Provided further,

That not to exceed $6,000 shall be available for official reception

and representation expenses: Provided further, That not to exceed

$50,000,000 shall remain available for necessary operations until

September 30, 2007: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall

remain available until expended to make payments in advance

for grants, contracts and reimbursable agreements, and other

expenses authorized by section 501(c) of the Refugee Education

Assistance Act of 1980, for the care and security in the United

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

Director of the Federal Prison System may accept donated property

and services relating to the operation of the prison card program

from a not-for-profit entity which has operated such program in

the past notwithstanding the fact that such not-for-profit entity

furnishes services under contracts to the Federal Prison System

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

or other custodial facilities.

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and

equipping of such facilities for penal and correctional use, including

all necessary expenses incident thereto, by contract or force account;

and constructing, remodeling, and equipping necessary buildings

and facilities at existing penal and correctional institutions,

including all necessary expenses incident thereto, by contract or

force account, $90,112,000, to remain available until expended,

of which not to exceed $14,000,000 shall be available to construct

areas for inmate work programs: Provided, That labor of United

States prisoners may be used for work performed under this appropriation.

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and

borrowing authority available, and in accord with the law, and

42 USC 250a.

119 STAT. 2298 PUBLIC LAW 109–108—NOV. 22, 2005

to make such contracts and commitments, without regard to fiscal

year limitations as provided by section 9104 of title 31, United

States Code, as may be necessary in carrying out the program

set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only)

and hire of passenger motor vehicles.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

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

be available for its administrative expenses, and for services as

authorized by 5 U.S.C. 3109, to be computed on an accrual basis

to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive

of depreciation, payment of claims, and expenditures which such

accounting system requires to be capitalized or charged to cost

of commodities acquired or produced, including selling and shipping

expenses, and expenses in connection with acquisition, construction,

operation, maintenance, improvement, protection, or disposition of

facilities and other property belonging to the corporation or in

which it has an interest.

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women

as authorized by the Omnibus Crime Control and Safe Streets

Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’);

the Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to End the Exploitation of Children

Today Act of 2003 (Public Law 108–21); the Juvenile Justice and

Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); and the Victims of Trafficking and Violence Protection Act of 2000 (Public

Law 106–386); $386,502,000, including amounts for administrative

costs, to remain available until expended: Provided, That except

as otherwise provided by law, not to exceed three percent of funds

made available under this heading may be used for expenses related

to evaluation, training and technical assistance: Provided further,

That of the amount provided—

(1) $11,897,000 for the court-appointed special advocate

program, as authorized by section 217 of the 1990 Act;

(2) $2,287,000 for child abuse training programs for judicial

personnel and practitioners, as authorized by section 222 of

the 1990 Act;

(3) $986,000 for grants for televised testimony, as authorized by part N of the 1968 Act;

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

women, as authorized by part T of the 1968 Act, of which—

(A) $5,100,000 shall be for the National Institute of

Justice for research and evaluation of violence against

women;

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2299

(B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the 1974 Act; and (C) $15,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or

sexual assault as authorized by Public Law 108–21;

(5) $63,075,000 for grants to encourage arrest policies as

authorized by part U of the 1968 Act;

(6) $39,166,000 for rural domestic violence and child abuse

enforcement assistance grants, as authorized by section

40295(a) of the 1994 Act;

(7) $4,958,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration

projects;

(8) $2,962,000 for grants to improve the stalking and

domestic violence databases, as authorized by section 40602

of the 1994 Act;

(9) $9,054,000 to reduce violent crimes against women on

campus, as authorized by section 1108(a) of Public Law 106–

386;

(10) $39,220,000 for legal assistance for victims, as authorized by section 1201(c) of Public Law 106–386;

(11) $4,540,000 for enhancing protection for older and disabled women from domestic violence and sexual assault, as

authorized by section 40802 of the 1994 Act;

(12) $13,894,000 for the safe havens for children pilot program, as authorized by section 1301(a) of Public Law 106–

386; and

(13) $7,155,000 for education and training to end violence

against and abuse of women with disabilities, as authorized

by section 1402(a) of Public Law 106–386.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe

Streets Act of 1968, the Missing Children’s Assistance Act, including

salaries and expenses in connection therewith, the Prosecutorial

Remedies and Other Tools to end the Exploitation of Children

Today Act of 2003 (Public Law 108–21), the Justice for All Act

of 2004 (Public Law 108–405), and the Victims of Crime Act of

1984, $233,233,000, to remain available until expended.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus

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

the Victims of Trafficking and Violence Protection Act of 2000

(Public Law 106–386); and other programs; $1,142,707,000

(including amounts for administrative costs, which shall be transferred to and merged with the ‘‘Justice Assistance’’ account): Provided, That funding provided under this heading shall remain available until expended, as follows—

119 STAT. 2300 PUBLIC LAW 109–108—NOV. 22, 2005

(1) $416,478,000 for the Edward Byrne Memorial Justice

Assistance Grant program pursuant to the amendments made

by section 201 of H.R. 3036 of the 108th Congress, as passed

by the House of Representatives on March 30, 2004 (except

that the special rules for Puerto Rico established pursuant

to such amendments shall not apply for purposes of this Act),

of which—

(A) $10,000,000 is for the National Institute of Justice

in assisting units of local government to identify, select,

develop, modernize, and purchase new technologies for use

by law enforcement; and

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

housing facilities and other areas in cooperation with State

and local law enforcement, as authorized by section 401

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

(2) $405,000,000 for the State Criminal Alien Assistance

Program, as authorized by section 242(j) of the Immigration

and Nationality Act;

(3) $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal

governments only for costs associated with the prosecution of

criminal cases declined by local United States Attorneys offices;

(4) $191,704,000 for discretionary grants authorized by subpart 2 of part E, of title I of the 1968 Act, notwithstanding

the provisions of section 511 of said Act;

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

of trafficking, as authorized by section 107(b)(2) of Public Law

106–386;

(6) $850,000 for the Missing Alzheimer’s Disease Patient

Alert Program, as authorized by section 240001(c) of the 1994

Act;

(7) $10,000,000 for Drug Courts, as authorized by part

EE of the 1968 Act;

(8) $7,500,000 for a prescription drug monitoring program;

(9) $18,175,000 for prison rape prevention and prosecution

programs, as authorized by the Prison Rape Elimination Act

of 2003 (Public Law 108–79), of which $2,175,000 shall be

transferred to the National Prison Rape Elimination Commission for authorized activities;

(10) $10,000,000 for grants for residential substance abuse

treatment for State prisoners, as authorized by part S of the

1968 Act;

(11) $10,000,000 for a program to improve State and local

law enforcement intelligence capabilities including

antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests

are protected throughout the intelligence process;

(12) $1,000,000 for a capital litigation improvement grant

program;

(13) $5,000,000 for a cannabis eradication program to be

administered by the Drug Enforcement Administration;

(14) $22,000,000 for assistance to Indian tribes, of which—

(A) $9,000,000 shall be available for grants under section 20109(a)(2) of subtitle A of title II of the 1994 Act;

(B) $8,000,000 shall be available for the Tribal Courts

Initiative; and

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2301

(C) $5,000,000 shall be available for demonstration

projects on alcohol and crime in Indian Country; and

(15) $5,000,000 for mental health courts and adult and

juvenile collaboration program grants, as authorized by parts

V and HH of title I of the 1968 Act:

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

funds made available under this title to increase the number of

law enforcement officers, the unit of local government will achieve

a net gain in the number of law enforcement officers who perform

nonadministrative public safety service.

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses

of the Executive Office for Weed and Seed, to implement ‘‘Weed

and Seed’’ program activities, $50,000,000, to remain available until

September 30, 2007, for inter-governmental agreements, including

grants, cooperative agreements, and contracts, with State and local

law enforcement agencies, non-profit organizations, and agencies

of local government engaged in the investigation and prosecution

of violent and gang-related crimes and drug offenses in ‘‘Weed

and Seed’’ designated communities, and for either reimbursements

or transfers to appropriation accounts of the Department of Justice

and other Federal agencies which shall be specified by the Attorney

General to execute the ‘‘Weed and Seed’’ program strategy: Provided,

That funds designated by Congress through language for other

Department of Justice appropriation accounts for ‘‘Weed and Seed’’

program activities shall be managed and executed by the Attorney

General through the Executive Office for Weed and Seed: Provided

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

Department of Justice funds and personnel in support of ‘‘Weed

and Seed’’ program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act:

Provided further, That of the funds appropriated for the Executive

Office for Weed and Seed, not to exceed $2,000,000 shall be directed

for comprehensive community development training and technical

assistance.

COMMUNITY ORIENTED POLICING SERVICES

(INCLUDING TRANSFERS OF FUNDS)

For activities authorized by the Violent Crime Control and

Law Enforcement Act of 1994 (Public Law 103–322) (including

administrative costs), $478,300,000, to remain available until

expended: Provided, That of the funds under this heading, not

to exceed $2,575,000 shall be available for the Office of Justice

Programs for reimbursable services associated with programs

administered by the Community Oriented Policing Services Office:

Provided further, That section 1703(b) and (c) of the Omnibus

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall

not apply to non-hiring grants made pursuant to part Q of title

I thereof (42 U.S.C. 3796dd et seq.): Provided further, That up

to $34,000,000 of balances made available as a result of prior

year deobligations may be obligated for program management and

administration, of which $5,000,000 shall be available for transfer

to the National Institute of Standards and Technology: Provided

Notification.

119 STAT. 2302 PUBLIC LAW 109–108—NOV. 22, 2005

further, That any balances made available as a result of prior year deobligations in excess of $34,000,000 shall only be obligated

in accordance with section 605 of this Act. Of the amounts

provided—(1) $30,000,000 is for the matching grant program for law

enforcement armor vests as authorized by section 2501 of part

Y of the 1968 Act, of which not to exceed $3,000,000 may

be for the National Institute of Justice to test and evaluate

vests;(2) $63,590,000 is for policing initiatives to combat methamphetamine production and trafficking and to enhance

policing initiatives in ‘‘drug hot spots’’; (3) $139,904,000 is for a law enforcement technologies and

interoperable communications program; (4) $10,000,000 is for grants to upgrade criminal records,

as authorized under the Crime Identification Technology Act

of 1998 (42 U.S.C. 14601); (5) $5,000,000 is for an offender re-entry program;

(6) $108,531,000 is for a DNA analysis and capacity

enhancement program, and for other State, local and Federal

forensic activities, of which $4,000,000 shall be for grant programs as authorized by sections 412 and 413 of Public Law

108–405; (7) $15,000,000 is for law enforcement assistance to Indian

tribes; (8) $40,000,000 for a national program to reduce gang

violence; (9) $4,000,000 is for training and technical assistance;

(10) $18,500,000 is for Paul Coverdell Forensic Sciences

Improvement Grants under part BB of title I of the 1968

Act (42 U.S.C. 3797j et seq.); (11) $28,775,000 is for grants, contracts and other assistance to States under section 102(b) of the Crime Identification

Technology Act of 1998 (42 U.S.C. 14601); and (12) $15,000,000 is for Project Safe Neighborhoods, of which $4,500,000 is for the National District Attorneys Association

to conduct prosecutorial training by the National Advocacy

Center.

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention

Act of 1974 (‘‘the Act’’), and other juvenile justice programs,

including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance,

$342,739,000, to remain available until expended, as follows— (1) $712,000 for concentration of Federal efforts, as authorized by section 204 of the Act; (2) $80,000,000 for State and local programs authorized

by section 221 of the Act, including training and technical

assistance to assist small, non-profit organizations with the

Federal grants process; (3) $106,027,000 for demonstration projects, as authorized

by sections 261 and 262 of the Act; (4) $10,000,000 for juvenile mentoring programs;

(5) $65,000,000 for delinquency prevention, as authorized

by section 505 of the Act, of which—

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2303

(A) $10,000,000 shall be for the Tribal Youth Program;

(B) $25,000,000 shall be for a gang resistance education

and training program; and (C) $25,000,000 shall be for grants of $360,000 to each State and $6,640,000 shall be available for discretionary

grants to States, for programs and activities to enforce

State laws prohibiting the sale of alcoholic beverages to

minors or the purchase or consumption of alcoholic beverages by minors, prevention and reduction of consumption

of alcoholic beverages by minors, and for technical assistance and training;

(6) $1,000,000 for Project Childsafe;

(7) $15,000,000 for the Secure Our Schools Act as authorized by Public Law 106–386; (8) $15,000,000 for programs authorized by the Victims

of Child Abuse Act of 1990; and (9) $50,000,000 for the Juvenile Accountability Block

Grants program as authorized by Public Law 107–273 and

Guam shall be considered a State:

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

be used for research, evaluation, and statistics activities designed

to benefit the programs or activities authorized: Provided further, That not more than 2 percent of each amount may be used for

training and technical assistance: Provided further, That the previous two provisos shall not apply to demonstration projects, as

authorized by sections 261 and 262 of the Act: Provided further,

That section 702(a) of Public Law 88–352 shall apply to any grants

for World Vision, described in House Report No. 108–792 and the

statement of managers accompanying this Act, and awarded by

the Attorney General.

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized

by part L of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796), such sums as are necessary, as

authorized by section 6093 of Public Law 100–690 (102 Stat. 4339–

4340); and $4,884,000, to remain available until expended for payments as authorized by section 1201(b) of said Act; and $4,064,000

for educational assistance, as authorized by section 1212 of the

1968 Act.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 101. In addition to amounts otherwise made available

in this title for official reception and representation expenses, a

total of not to exceed $60,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney

General for official reception and representation expenses.

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

be available to pay for an abortion, except where the life of the

mother would be endangered if the fetus were carried to term,

or in the case of rape: Provided, That should this prohibition be

declared unconstitutional by a court of competent jurisdiction, this

section shall be null and void.

SEC. 103. None of the funds appropriated under this title shall

be used to require any person to perform, or facilitate in any

way the performance of, any abortion.

Abortion.

Applicability.

Grants.

119 STAT. 2304 PUBLIC LAW 109–108—NOV. 22, 2005

SEC. 104. Nothing in the preceding section shall remove the

obligation of the Director of the Bureau of Prisons to provide escort

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section

in any way diminishes the effect of section 103 intended to address

the philosophical beliefs of individual employees of the Bureau

of Prisons.

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

available for the current fiscal year for the Department of Justice

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this section shall be treated

as a reprogramming of funds under section 605 of this Act and

shall not be available for obligation except in compliance with

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

none of the funds appropriated to ‘‘Buildings and Facilities, Federal

Prison System’’ in this or any other Act may be transferred to

‘‘Salaries and Expenses, Federal Prison System’’, or any other

Department of Justice account, unless the President certifies that

such a transfer is necessary to the national security interests of

the United States, and such authority shall not be delegated, and

shall be subject to section 605 of this Act.

SEC. 106. The Attorney General is authorized to extend through

September 30, 2007, the Personnel Management Demonstration

Project transferred to the Attorney General pursuant to section

1115 of the Homeland Security Act of 2002, Public Law 107–

296 (6 U.S.C. 533) without limitation on the number of employees

or the positions covered.

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

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol,

Tobacco, Firearms and Explosives in the conduct of undercover

investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation initiated

by the Bureau of Alcohol, Tobacco, Firearms and Explosives that

is necessary for the detection and prosecution of crimes against

the United States.

SEC. 108. None of the funds made available to the Department

of Justice in this Act may be used for the purpose of transporting

an individual who is a prisoner pursuant to conviction for crime

under State or Federal law and is classified as a maximum or

high security prisoner, other than to a prison or other facility

certified by the Federal Bureau of Prisons as appropriately secure

for housing such a prisoner.

SEC. 109. (a) None of the funds appropriated by this Act may

be used by Federal prisons to purchase cable television services,

to rent or purchase videocassettes, videocassette recorders, or other

audiovisual or electronic equipment used primarily for recreational

purposes.

(b) The preceding sentence does not preclude the renting,

maintenance, or purchase of audiovisual or electronic equipment

for inmate training, religious, or educational programs.

SEC. 110. Within the funds provided under ‘‘Justice Information

Sharing Technology’’, the Attorney General shall establish an

investment review board, which the Deputy Attorney General shall

head: Provided, That within 90 days of enactment of this Act,

the Department shall submit a plan that outlines the governance

Deadline.

Establishment.

Applicability.

28 USC 533 note.

5 USC 3104 note.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2305

structure and membership of the board: Provided further, That

the Department shall submit to the Committee on Appropriations

of the Senate and the Committee on Appropriations of the House

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

project criteria that will initiate the board’s oversight, to include

a listing of all projects to be reviewed during fiscal year 2006.

SEC. 111. Section 3151(b) of title 5, United States Code, is

amended by—

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

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

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

(1) and (2), respectively.

SEC. 112. Within the funds provided for the Drug Enforcement

Administration, the Attorney General shall establish a Methamphetamine Task Force within the Drug Enforcement Administration which shall be responsible for improving and targeting the

Federal Government’s policies with respect to the production and

trafficking of methamphetamine: Provided, That within 90 days

of enactment of this Act, the Drug Enforcement Administration

shall submit a plan that outlines the governance structure and

membership of the task force: Provided further, That within 120

days the Drug Enforcement Administration shall submit to the

Committee on Appropriations of the Senate and the Committee

on Appropriations of the House of Representatives the membership

of the task force and powers established for the task force.

SEC. 113. (a) Section 4(a) of the Prison Rape Elimination Act

of 2003 (42 U.S.C. 15603(a)) is amended—

(1) in paragraph (5), by inserting ‘‘, except as authorized

in paragraph (7)’’ before the period at the end; and

(2) by adding at the end the following new paragraph:

‘‘(7) REPORTING ON CHILD ABUSE AND NEGLECT.—Nothing

in section 304 or 812 of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3735, 3789g) or any

other provision of law, including paragraph (5), shall prevent

the Bureau (including its agents), in carrying out the review

and analysis under paragraph (1), from reporting to the designated public officials such information (and only such information) regarding child abuse or child neglect with respect to

which the statutes or regulations of a State (or a political

subdivision thereof) require prompt reporting.’’.

(b) Section 7(d)(3)(A) of the Prison Rape Elimination Act of

2003 (42 U.S.C. 15606(d)(3)(A)) is amended by striking ‘‘2 years’’

and inserting ‘‘3 years’’.

SEC. 114. The Attorney General shall waive the matching

requirement for the purchase of bulletproof vests of the Bulletproof

Vest Partnership Grant Act of 1998 for any law enforcement agency

that purchased defective Zylon-based body armor with Federal funds

pursuant to such Act between October 1, 1998, and September

30, 2005, and seeks to replace that Zylon-based body armor, provided that the law enforcement agency can present documentation

to prove the purchase of Zylon-based body armor with funds

awarded to it under such Act.

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

Bulletproof vests.

Deadline.

Deadline.

Establishment.

Deadline.

119 STAT. 2306 PUBLIC LAW 109–108—NOV. 22, 2005

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

U.S.C. 3109, $44,779,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall

be available for official reception and representation expenses: Provided further, That not less than $2,000,000 provided under this

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

1677b(c): Provided further, That negotiations shall be conducted

within the World Trade Organization to recognize the right of

members to distribute monies collected from antidumping and

countervailing duties: Provided further, That negotiations shall be

conducted within the World Trade Organization consistent with

the negotiating objectives contained in the Trade Act of 2002, Public

Law 107–210.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception

and representation expenses, $62,752,000, to remain available until

expended.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of

the Department of Commerce provided for by law, and for engaging

in trade promotional activities abroad, including expenses of grants

and cooperative agreements for the purpose of promoting exports

of United States firms, without regard to 44 U.S.C. 3702 and

3703; full medical coverage for dependent members of immediate

families of employees stationed overseas and employees temporarily

posted overseas; travel and transportation of employees of the

United States and Foreign Commercial Service between two points

abroad, without regard to 49 U.S.C. 40118; employment of Americans and aliens by contract for services; rental of space abroad

for periods not exceeding 10 years, and expenses of alteration,

repair, or improvement; purchase or construction of temporary

demountable exhibition structures for use abroad; payment of tort

claims, in the manner authorized in the first paragraph of 28

U.S.C. 2672 when such claims arise in foreign countries; not to

Department of

Commerce and

Related Agencies

Appropriations

Act, 2006.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2307

exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to

exceed $45,000 per vehicle; obtaining insurance on official motor

vehicles; and rental of tie lines, $406,925,000, to remain available

until September 30, 2007, of which $8,000,000 is to be derived

from fees to be retained and used by the International Trade

Administration, notwithstanding 31 U.S.C. 3302: Provided, That

$47,434,000 shall be for Manufacturing and Services; $39,815,000

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

for the Import Administration of which not less than $3,000,000

is for the Office of China Compliance; $231,722,000 shall be for

the United States and Foreign Commercial Service; and $25,820,000

shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within the World Trade

Organization to recognize the right of members to distribute monies

collected from antidumping and countervailing duties: Provided further, That the provisions of the first sentence of section 105(f)

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

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

in carrying out these activities without regard to section 5412

of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.

4912); and that for the purpose of this Act, contributions under

the provisions of the Mutual Educational and Cultural Exchange

Act of 1961 shall include payment for assessments for services

provided as part of these activities: Provided further, That the

International Trade Administration shall be exempt from the

requirements of Circular A–25 (or any successor administrative

regulation or policy) issued by the Office of Management and

Budget: Provided further, That negotiations shall be conducted

within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law

107–210.

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national

security activities of the Department of Commerce, including costs

associated with the performance of export administration field

activities both domestically and abroad; full medical coverage for

dependent members of immediate families of employees stationed

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized

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

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

expenses abroad; awards of compensation to informers under the

Export Administration Act of 1979, and as authorized by 22 U.S.C.

401(b); and purchase of passenger motor vehicles for official use

and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price

limitation otherwise established by law, $76,000,000, to remain

available until expended, of which $14,767,000 shall be for inspections and other activities related to national security: Provided,

That the provisions of the first sentence of section 105(f) and all

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

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

Applicability.

Applicability.

119 STAT. 2308 PUBLIC LAW 109–108—NOV. 22, 2005

out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as

part of such activities may be retained for use in covering the

cost of such activities, and for providing information to the public

with respect to the export administration and national security

activities of the Department of Commerce and other export control

programs of the United States and other governments.

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided

by the Public Works and Economic Development Act of 1965, and

for trade adjustment assistance, $253,985,000, to remain available

until expended.

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $30,075,000:

Provided, That these funds may be used to monitor projects

approved pursuant to title I of the Public Works Employment

Act of 1976, title II of the Trade Act of 1974, and the Community

Emergency Drought Relief Act of 1977.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in

fostering, promoting, and developing minority business enterprise,

including expenses of grants, contracts, and other agreements with

public or private organizations, $30,024,000.

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic

and statistical analysis programs of the Department of Commerce,

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

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $198,029,000.

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census,

$453,596,000, to remain available until September 30, 2007.

In addition, for expenses to collect and publish statistics for

other periodic censuses and programs provided for by law,

$160,612,000, to remain available until September 30, 2007: Pro13 USC 5 note. vided, That none of the funds provided in this or any other Act

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2309

for any fiscal year may be used for the collection of Census data

on race identification that does not include ‘‘some other race’’ as

a category.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

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

Telecommunications and Information Administration (NTIA),

$18,068,000, to remain available until September 30, 2007: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services

and such fees shall be retained and used as offsetting collections

for costs of such spectrum services, to remain available until

expended: Provided further, That the Secretary of Commerce is

authorized to retain and use as offsetting collections all funds

transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research,

engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions

under this paragraph, and such funds received from other Government agencies shall remain available until expended.

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of grants authorized by section 392 of the Communications Act of 1934, $22,000,000, to remain available

until expended as authorized by section 391 of the Act: Provided,

That not to exceed $2,000,000 shall be available for program

administration as authorized by section 391 of the Act: Provided

further, That, notwithstanding the provisions of section 391 of the

Act, the prior year unobligated balances may be made available

for grants for projects for which applications have been submitted

and approved during any fiscal year.

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted

against the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office,

$1,683,086,000, to remain available until expended: Provided, That

the sum herein appropriated from the general fund shall be reduced

as offsetting collections assessed and collected pursuant to 15 U.S.C.

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

2006, so as to result in a fiscal year 2006 appropriation from

the general fund estimated at $0: Provided further, That during

fiscal year 2006, should the total amount of offsetting fee collections

be less than $1,683,086,000, this amount shall be reduced accordingly: Provided further, That not less than 657 full-time equivalents,

690 positions and $85,017,000 shall be for the examination of trademark applications; and not less than 5,810 full-time equivalents,

6,241 positions and $906,142,000 shall be for the examination and

119 STAT. 2310 PUBLIC LAW 109–108—NOV. 22, 2005

searching of patent applications: Provided further, That not more

than 265 full-time equivalents, 272 positions and $37,490,000 shall

be for the Office of the General Counsel: Provided further, That

not more than 82 full-time equivalents, 83 positions and $25,393,000

shall be for the Office of the Administrator for External Affairs:

Provided further, That any deviation from the full-time equivalent,

position, and funding designations set forth in the preceding four

provisos shall be subject to the procedures set forth in section

605 of this Act: Provided further, That from amounts provided

herein, not to exceed $1,000 shall be made available in fiscal year

2006 for official reception and representation expenses: Provided

further, That notwithstanding section 1353 of title 31, United States

Code, no employee of the United States Patent and Trademark

Office may accept payment or reimbursement from a non-Federal

entity for travel, subsistence, or related expenses for the purpose

of enabling an employee to attend and participate in a convention,

conference, or meeting when the entity offering payment or

reimbursement is a person or corporation subject to regulation

by the Office, or represents a person or corporation subject to

regulation by the Office, unless the person or corporation is an

organization exempt from taxation pursuant to section 501(c)(3)

of the Internal Revenue Code of 1986: Provided further, That in

fiscal year 2006, from the amounts made available for ‘‘Salaries

and Expenses’’ for the United States Patent and Trademark Office

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

the percentage of basic pay contributed by the PTO and employees

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

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

basic pay, of employees subject to subchapter III of chapter 83

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

accruing costs, as determined by the Office of Personnel Management, of post-retirement life insurance and post-retirement health

benefits coverage for all PTO employees, shall be transferred to

the Civil Service Retirement and Disability Fund, the Employees

Life Insurance Fund, and the Employees Health Benefits Fund,

as appropriate, and shall be available for the authorized purposes

of those accounts.

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology

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

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards

and Technology, $399,869,000, to remain available until expended,

of which not to exceed $1,300,000 may be transferred to the

‘‘Working Capital Fund’’.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2311

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $106,000,000, to remain available until expended.

In addition, for necessary expenses of the Advanced Technology

Program of the National Institute of Standards and Technology,

$80,000,000, to remain available until expended.

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance

of existing facilities, not otherwise provided for the National

Institute of Standards and Technology, as authorized by 15 U.S.C.

278c–278e, $175,898,000, to remain available until expended: Provided, That beginning in fiscal year 2007 and for each fiscal year

thereafter, the Secretary of Commerce shall include in the budget

justification materials that the Secretary submits to Congress in

support of the Department of Commerce budget (as submitted with

the budget of the President under section 1105(a) of title 31, United

States Code) an estimate for each National Institute of Standards

and Technology construction project having a total multiyear program cost of more than $5,000,000 and simultaneously the budget

justification materials shall include an estimate of the budgetary

requirements for each such project for each of the five subsequent

fiscal years.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of activities authorized by law for the

National Oceanic and Atmospheric Administration, including

maintenance, operation, and hire of aircraft and vessels; grants,

contracts, or other payments to nonprofit organizations for the

purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,763,222,000, to remain available until September 30, 2007, except for funds provided for cooperative enforcement which shall remain available until September

30, 2008: Provided, That fees and donations received by the National

Ocean Service for the management of national marine sanctuaries

may be retained and used for the salaries and expenses associated

with those activities, notwithstanding 31 U.S.C. 3302: Provided

further, That in addition, $3,000,000 shall be derived by transfer

from the fund entitled ‘‘Coastal Zone Management’’ and in addition

$67,000,000 shall be derived by transfer from the fund entitled

‘‘Promote and Develop Fishery Products and Research Pertaining

to American Fisheries’’: Provided further, That of the $2,833,222,000

provided for in direct obligations under this heading $2,763,222,000

is appropriated from the general fund and $70,000,000 is provided

by transfer: Provided further, That no general administrative charge

shall be applied against an assigned activity included in this Act

or the report accompanying this Act: Provided further, That the

total amount available for the National Oceanic and Atmospheric

Administration corporate services administrative support costs shall

15 USC 1513b.

119 STAT. 2312 PUBLIC LAW 109–108—NOV. 22, 2005

not exceed $179,036,000: Provided further, That payments of funds

made available under this heading to the Department of Commerce

Working Capital Fund including Department of Commerce General

Counsel legal services shall not exceed $34,000,000: Provided further, That any deviation from the amounts designated for specific

activities in the report accompanying this Act, or any use of

deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section

605 of this Act: Provided further, That grants to States pursuant

to sections 306 and 306A of the Coastal Zone Management Act

of 1972, as amended, shall not exceed $2,000,000, unless funds

provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided in the previous fiscal year: Provided further, That if funds

provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided in the previous fiscal year, then no State shall receive more

than 5 percent or less than 1 percent of the additional funds:

Provided further, That the personnel management demonstration

project established at the National Oceanic and Atmospheric

Administration pursuant to 5 U.S.C. 4703 may be expanded by

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

and may be extended indefinitely: Provided further, That the

Administrator of the National Oceanic and Atmospheric Administration may engage in formal and informal education activities,

including primary and secondary education, related to the agency’s

mission goals: Provided further, That, in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 611 et seq.), within

funds appropriated under this heading, $2,000,000 shall remain

available until expended, for the cost of loans under section 211(e)

of title II of division C of Public Law 105–277, such loans to

have terms of up to 30 years and to be available for use in any

of the Bering Sea and Aleutian Islands fisheries.

In addition, for necessary retired pay expenses under the

Retired Serviceman’s Family Protection and Survivor Benefits Plan,

and for payments for the medical care of retired personnel and

their dependents under the Dependents Medical Care Act (10 U.S.C.

ch. 55), such sums as may be necessary.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets,

including alteration and modification costs, of the National Oceanic

and Atmospheric Administration, $1,124,278,000, to remain available until September 30, 2008, except funds provided for construction of facilities which shall remain available until expended: Provided, That of the amounts provided for the National Polar-orbiting

Operational Environmental Satellite System, funds shall only be

made available on a dollar for dollar matching basis with funds

provided for the same purpose by the Department of Defense:

Provided further, That except to the extent expressly prohibited

by any other law, the Department of Defense may delegate procurement functions related to the National Polar-orbiting Operational

Environmental Satellite System to officials of the Department of

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

Provided further, That any deviation from the amounts designated

for specific activities in the report accompanying this Act, or any

use of deobligated balances of funds provided under this heading

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

15 USC 1513a. in section 605 of this Act: Provided further, That beginning in

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2313

fiscal year 2007 and for each fiscal year thereafter, the Secretary

of Commerce shall include in the budget justification materials

that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the

President under section 1105(a) of title 31, United States Code)

an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition and construction program having a

total multiyear program cost of more than $5,000,000 and an estimate of the budgetary requirements for each such program for

each of the five subsequent fiscal years: Provided further, That

subject to amounts provided in advance in appropriations Acts,

the Secretary of Commerce is authorized to enter into a lease

with The Regents of the University of California for land at the

San Diego Campus in La Jolla for a term not less than 55 years:

Provided further, That funds appropriated for the construction of

the National Oceanic and Atmospheric Administration Pacific

Regional Center are an additional increment in the incremental

funding planned for the Center, and may be expended incrementally, through multi-year contracts for construction and related

activities, provided that obligations under any such multi-year contract shall be subject to the availability of appropriations.

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of

Pacific salmon populations, $67,500,000.

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Of amounts collected pursuant to section 308 of the Coastal

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed

$3,000,000 shall be transferred to the ‘‘Operations, Research, and

Facilities’’ account to offset the costs of implementing such Act.

FISHERIES FINANCE PROGRAM ACCOUNT

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

Merchant Marine Act of 1936: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in the Federal

Credit Reform Act of 1990: Provided further, That these funds

are only available to subsidize gross obligations for the principal

amount of direct loans not to exceed $5,000,000 for Individual

Fishing Quota loans, and not to exceed $59,000,000 for traditional

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

to the United States menhaden fishery: Provided further, That

none of the funds made available under this heading may be used

for direct loans for any new fishing vessel that will increase the

harvesting capacity in any United States fishery.

OTHER

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of

the Department of Commerce provided for by law, including not

Contracts.

California.

119 STAT. 2314 PUBLIC LAW 109–108—NOV. 22, 2005

to exceed $5,000 for official entertainment, $47,466,000: Provided, That not to exceed 11 full-time equivalents and $1,490,000 shall

be expended for the legislative affairs function of the Department.

UNITED STATES TRAVEL AND TOURISM PROMOTION

For necessary expenses of the United States Travel and

Tourism Promotion Program, as authorized by section 210 of Public

Law 108–7, for programs promoting travel to the United States

including grants, contracts, cooperative agreements and related

costs, $4,000,000, to remain available until September 30, 2007.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978

(5 U.S.C. App.), $22,758,000.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce

by this Act shall be available for the activities specified in the

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in

the manner prescribed by the Act, and, notwithstanding 31 U.S.C.

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

of Commerce that such payments are in the public interest.

SEC. 202. During the current fiscal year, appropriations made

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343 and 1344; services as authorized

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized

by law (5 U.S.C. 5901–5902).

SEC. 203. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section: Provided further, That the Secretary of Commerce

shall notify the Committees on Appropriations at least 15 days

in advance of the acquisition or disposal of any capital asset

(including land, structures, and equipment) not specifically provided

for in this or any other Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act: Provided further, That for the National Oceanic and Atmospheric

Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric

Administration and such appropriations may not be transferred

and reprogrammed to other Department of Commerce bureaus and

appropriation accounts.

SEC. 204. Any costs incurred by a department or agency funded

under this title resulting from personnel actions taken in response

Notification.

Deadline.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2315

to funding reductions included in this title or from actions taken

for the care and protection of loan collateral or grant property

shall be absorbed within the total budgetary resources available

to such department or agency: Provided, That the authority to

transfer funds between appropriations accounts as may be necessary

to carry out this section is provided in addition to authorities

included elsewhere in this Act: Provided further, That use of funds

to carry out this section shall be treated as a reprogramming

of funds under section 605 of this Act and shall not be available

for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 205. Funds made available for salaries and administrative

expenses to administer the Emergency Steel Loan Guarantee Program in section 211(b) of Public Law 108–199 shall remain available

until expended: Provided, That section 101(k) of the Emergency

Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15 U.S.C.

1841 note) is amended by striking ‘‘2005’’ and inserting ‘‘2007’’.

SEC. 206. Notwithstanding any other provision of this Act,

no funds appropriated under this Act shall be used to register,

issue, transfer, or enforce any trademark of the phrase ‘‘Last Best

Place’’.

SEC. 207. Notwithstanding any other provision of law, of the

amounts made available elsewhere in this title to the ‘‘National

Institute of Standards and Technology, Construction of Research

Facilities’’, $8,000,000 is for a cooperative agreement with the Medical University of South Carolina; $20,000,000 is for the National

Formulation Science Laboratory at the University of Southern Mississippi; $20,000,000 is for the University of Mississippi Research

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

Education Building; $8,000,000 is for Tuscaloosa, Alabama, revitalization; $20,000,000 is for the Biomedical Research Center at the

University of Alabama at Birmingham; $3,000,000 is for the

Institute for Security Technology Studies; $1,000,000 is for the

Thayer School of Engineering; $12,000,000 is for the WVHTCF

Research Facility; and $30,000,000 is for the University of Alabama

for the design and construction of the Science and Engineering

Center.

SEC. 208. Of the amount available from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to

American Fisheries’’, $7,000,000 shall be provided to the Alaska

Fisheries Marketing Board, $5,000,000 shall be available to the

Southern Shrimp Alliance for its ‘‘Wild American Shrimp Marketing

Program’’.

SEC. 209. Of the amounts made available under the heading

‘‘Procurement, Acquisition and Construction, National Oceanic and

Atmospheric Administration’’, $27,000,000 shall be transferred to

the National Aeronautics and Space Administration for the planning, design, and construction of Building 3203, for the planning

and design of Buildings 3205 and 3216, and for certain infrastructure improvements.

This title may be cited as the ‘‘Department of Commerce and

Related Agencies Appropriations Act, 2006’’.

119 STAT. 2316 PUBLIC LAW 109–108—NOV. 22, 2005

TITLE III—SCIENCE

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601–6671), hire of passenger motor vehicles, and services

as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official

reception and representation expenses, and rental of conference

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of science, aeronautics and exploration research

and development activities, including research, development, operations, support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization, and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control

and communications activities including operations, production, and

services; program management; personnel and related costs,

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

5901–5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $9,761,400,000, to

remain available until September 30, 2007, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Exploration

Capabilities’’ in accordance with section 312(b) of the National

Aeronautics and Space Act of 1958, as amended by Public Law

106–377.

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of exploration capabilities research and

development activities, including research, development, operations,

support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services;

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

Science

Appropriations

Act, 2006.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2317

5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $6,663,000,000, to

remain available until September 30, 2007, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Science, Aeronautics and Exploration’’ in accordance with section 312(b) of the

National Aeronautics and Space Act of 1958, as amended by Public

Law 106–377.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$32,400,000, to remain available until September 30, 2007.

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, Aeronautics and Exploration’’, or ‘‘Exploration Capabilities’’ by this appropriations Act, when any activity

has been initiated by the incurrence of obligations for construction

of facilities or environmental compliance and restoration activities

as authorized by law, such amount available for such activity shall

remain available until expended. This provision does not apply

to the amounts appropriated for institutional minor revitalization

and construction of facilities, and institutional facility planning

and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, Aeronautics and Exploration’’, or ‘‘Exploration Capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until

September 30, 2008.

Funds for announced prizes otherwise authorized shall remain

available, without fiscal year limitation, until the prize is claimed

or the offer is withdrawn. Funding shall not be made available

for Centennial Challenges unless authorized.

Funding made available under the headings ‘‘Exploration

Capabilities’’ and ‘‘Science, Aeronautics and Exploration’’ in this

Act shall be governed by the terms and conditions specified in

the statement of managers accompanying the conference report

for this Act.

The unexpired balances of prior appropriations to National

Aeronautics and Space Administration for activities for which funds

are provided under this Act may be transferred to the new account

established for the appropriation that provides such activity under

this Act. Balances so transferred may be merged with funds in

the newly established account and thereafter may be accounted

for as one fund under the same terms and conditions.

119 STAT. 2318 PUBLIC LAW 109–108—NOV. 22, 2005

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and

the Act to establish a National Medal of Science (42 U.S.C. 1880–

1881); services as authorized by 5 U.S.C. 3109; maintenance and

operation of aircraft and purchase of flight services for research

support; acquisition of aircraft; and authorized travel;

$4,387,520,000, to remain available until September 30, 2007, of

which not to exceed $425,000,000 shall remain available until

expended for Polar research and operations support, and for

reimbursement to other Federal agencies for operational and science

support and logistical and other related activities for the United

States Antarctic program: Provided, That from funds specified in

the fiscal year 2006 budget request for icebreaking services, such

sums shall be available for the procurement of polar icebreaking

services: Provided further, That the National Science Foundation

shall reimburse the Coast Guard according to the existing memorandum of agreement: Provided further, That receipts for scientific

support services and materials furnished by the National Research

Centers and other National Science Foundation supported research

facilities may be credited to this appropriation: Provided further,

That to the extent that the amount appropriated is less than

the total amount authorized to be appropriated for included program

activities, all amounts, including floors and ceilings, specified in

the authorizing Act for those program activities or their subactivities shall be reduced proportionally: Provided further, That funds

under this heading may be available for innovation inducement

prizes.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science

Foundation Act of 1950, as amended, including authorized travel,

$193,350,000, to remain available until expended.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the National Science Foundation Act of 1950, as amended (42

U.S.C. 1861–1875), including services as authorized by 5 U.S.C.

3109, authorized travel, and rental of conference rooms in the

District of Columbia, $807,000,000, to remain available until September 30, 2007: Provided, That to the extent that the amount

of this appropriation is less than the total amount authorized to

be appropriated for included program activities, all amounts,

including floors and ceilings, specified in the authorizing Act for

those program activities or their subactivities shall be reduced

proportionally.

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the

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

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2319

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902; rental of conference rooms in the District

of Columbia; and reimbursement of the General Services Administration for security guard services; $250,000,000: Provided, That

contracts may be entered into under ‘‘Salaries and Expenses’’ in

fiscal year 2006 for maintenance and operation of facilities, and

for other services, to be provided during the next fiscal year.

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, and the employment of experts

and consultants under section 3109 of title 5, United States Code)

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42

U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than

$9,000 shall be available for official reception and representation

expenses.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as

authorized by the Inspector General Act of 1978, as amended,

$11,500,000, to remain available until September 30, 2007.

This title may be cited as the ‘‘Science Appropriations Act,

2006’’.

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Department of State and the

Foreign Service not otherwise provided for, including employment,

without regard to civil service and classification laws, of persons

on a temporary basis (not to exceed $700,000 of this appropriation),

as authorized by section 801 of the United States Information

and Educational Exchange Act of 1948; representation to certain

international organizations in which the United States participates

pursuant to treaties ratified pursuant to the advice and consent

of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition

by exchange or purchase of passenger motor vehicles as authorized

by law; and for expenses of general administration, $3,680,019,000:

Provided, That not to exceed 71 permanent positions and $9,804,000

shall be for the Bureau of Legislative Affairs: Provided further,

That of the amount made available under this heading, not to

exceed $4,000,000 may be transferred to, and merged with, funds

in the ‘‘Emergencies in the Diplomatic and Consular Service’’ appropriations account, to be available only for emergency evacuations

and terrorism rewards: Provided further, That of the amount made

Department of

State and

Related Agency

Appropriations

Act, 2006.

119 STAT. 2320 PUBLIC LAW 109–108—NOV. 22, 2005

available under this heading, not less than $334,000,000 shall be

available only for public diplomacy international information programs: Provided further, That of the amount made available under

this heading, not less than $2,000,000 shall be for a contribution

to the Scholar Rescue Fund endowment: Provided further, That

of the amount made available under this heading, $3,000,000 shall

be available only for the operations of the Office on Right-Sizing

the United States Government Overseas Presence: Provided further,

That funds available under this heading may be available for a

United States Government interagency task force to examine,

coordinate and oversee United States participation in the United

Nations headquarters renovation project: Provided further, That

no funds may be obligated or expended for processing licenses

for the export of satellites of United States origin (including

commercial satellites and satellite components) to the People’s

Republic of China unless, at least 15 days in advance, the Committees on Appropriations of the House of Representatives and the

Senate are notified of such proposed action: Provided further, That

funds appropriated under this heading are available, pursuant to

31 U.S.C. 1108(g), for the field examination of programs and activities in the United States funded from any account contained in

this title.

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

fees collected from other executive agencies for lease or use of

facilities located at the International Center in accordance with

section 4 of the International Center Act; in addition, as authorized

by section 5 of such Act, $490,000, to be derived from the reserve

authorized by that section, to be used for the purposes set out

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

United States Information and Educational Exchange Act, not to

exceed $6,000,000, to remain available until expended, may be

credited to this appropriation from fees or other payments received

from English teaching, library, motion pictures, and publication

programs and from fees from educational advising and counseling

and exchange visitor programs; and, in addition, not to exceed

$15,000, which shall be derived from reimbursements, surcharges,

and fees for use of Blair House facilities.

In addition, for the costs of worldwide security upgrades,

$689,523,000, to remain available until expended.

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,

$58,895,000, to remain available until expended, as authorized:

Provided, That section 135(e) of Public Law 103–236 shall not

apply to funds available under this heading.

CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

For expenses relating to the modernization of the information

technology systems and networks of the Department of State,

$69,368,000, to remain available until expended.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,

$30,029,000, notwithstanding section 209(a)(1) of the Foreign

Deadline.

Notification.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2321

Service Act of 1980 (Public Law 96–465), as it relates to post

inspections.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,

as authorized, $431,790,000, to remain available until expended:

Provided, That not to exceed $2,000,000, to remain available until

expended, may be credited to this appropriation from fees or other

payments received from or in connection with English teaching,

educational advising and counseling programs, and exchange visitor

programs as authorized.

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $8,281,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary

of State to provide for extraordinary protective services, as authorized, $9,390,000, to remain available until September 30, 2007.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,

repairing, and planning for buildings that are owned or directly

leased by the Department of State, renovating, in addition to funds

otherwise available, the Harry S Truman Building, and carrying

out the Diplomatic Security Construction Program as authorized,

$598,800,000, to remain available until expended as authorized,

of which not to exceed $25,000 may be used for domestic and

overseas representation as authorized: Provided, That none of the

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments

and agencies.

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $910,200,000, to remain

available until expended.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $10,000,000, to remain available until expended as

authorized, of which not to exceed $1,000,000 may be transferred

to and merged with the ‘‘Repatriation Loans Program Account’’,

subject to the same terms and conditions.

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974.

119 STAT. 2322 PUBLIC LAW 109–108—NOV. 22, 2005

In addition, for administrative expenses necessary to carry out the direct loan program, $607,000, which may be transferred

to and merged with funds in the ‘‘Diplomatic and Consular Programs’’ account.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act

(Public Law 96–8), $19,751,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability

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

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$1,166,212,000: Provided, That the Secretary of State shall, at

the time of the submission of the President’s budget to Congress

under section 1105(a) of title 31, United States Code, transmit

to the Committees on Appropriations the most recent biennial

budget prepared by the United Nations for the operations of the

United Nations: Provided further, That the Secretary of State shall

notify the Committees on Appropriations at least 15 days in advance

(or in an emergency, as far in advance as is practicable) of any

United Nations action to increase funding for any United Nations

program without identifying an offsetting decrease elsewhere in

the United Nations budget and cause the United Nations budget

for the biennium 2006–2007 to exceed the revised United Nations

budget level for the biennium 2004–2005 of $3,695,480,000: Provided further, That any payment of arrearages under this title

shall be directed toward special activities that are mutually agreed

upon by the United States and the respective international

organization: Provided further, That none of the funds appropriated

in this paragraph shall be available for a United States contribution

to an international organization for the United States share of

interest costs made known to the United States Government by

such organization for loans incurred on or after October 1, 1984,

through external borrowings.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $1,035,500,000,

of which 15 percent shall remain available until September 30,

2007: Provided, That none of the funds made available under this

Act shall be obligated or expended for any new or expanded United

Nations peacekeeping mission unless, at least 15 days in advance

of voting for the new or expanded mission in the United Nations

Security Council (or in an emergency as far in advance as is

Deadline.

Notification.

Notification.

Deadline.

22 USC 269a

note.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2323

practicable): (1) the Committees on Appropriations and other appropriate committees of the Congress are notified of the estimated

cost and length of the mission, the national interest that will

be served, and the planned exit strategy; (2) the Committees on

Appropriations and other appropriate committees of the Congress

are notified that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel,

and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of

trafficking, or committing acts of illegal sexual exploitation, and

to hold accountable individuals who engage in such acts while

participating in the peacekeeping mission; and (3) a reprogramming

of funds pursuant to section 605 of this Act is submitted, and

the procedures therein followed, setting forth the source of funds

that will be used to pay for the cost of the new or expanded

mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of

State to the appropriate committees of the Congress that American

manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds made

available under this heading are available to pay the United States

share of the cost of court monitoring that is part of any United

Nations peacekeeping mission.

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $28,000,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized

projects, $5,300,000, to remain available until expended, as authorized.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary

Commission, United States and Canada, as authorized by treaties

between the United States and Canada or Great Britain, and for

the Border Environment Cooperation Commission as authorized

22 USC 269a

note.

Certification.

119 STAT. 2324 PUBLIC LAW 109–108—NOV. 22, 2005

by Public Law 103–182, $10,039,000, of which not to exceed $9,000

shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $24,000,000: Provided, That the United States’ share of such expenses may be

advanced to the respective commissions pursuant to 31 U.S.C. 3324.

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by the

Asia Foundation Act (22 U.S.C. 4402), $14,000,000, to remain available until expended, as authorized.

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For a grant to the Center for Middle Eastern-Western Dialogue

Trust Fund (22 U.S.C. 2078), $5,000,000 for operation of the Center

for Middle Eastern-Western Dialogue in Istanbul, Turkey.

In addition, for necessary expenses of the Center for Middle

Eastern-Western Dialogue Trust Fund, the total amount of the

interest and earnings accruing to such Fund on or before September

30, 2006, to remain available until expended.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships,

Incorporated, as authorized by sections 4 and 5 of the Eisenhower

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2006, to remain

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes

which are not in accordance with OMB Circulars A–110 (Uniform

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation

for personal services.

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program

as authorized by section 214 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest

and earnings accruing to the Israeli Arab Scholarship Fund on

or before September 30, 2006, to remain available until expended.

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out

the provisions of the Center for Cultural and Technical Interchange

Between East and West Act of 1960, by grant to the Center for

Cultural and Technical Interchange Between East and West in

the State of Hawaii, $19,240,000: Provided, That none of the funds

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2325

appropriated herein shall be used to pay any salary, or enter

into any contract providing for the payment thereof, in excess

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

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National

Endowment for Democracy as authorized by the National Endowment for Democracy Act, $75,000,000, to remain available until

expended.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of

Governors, as authorized, to carry out international communication

activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception

and purchase, lease, and installation of necessary equipment for

radio and television transmission and reception to Cuba, and to

make and supervise grants for radio and television broadcasting

to the Middle East, $641,450,000: Provided, That of the total

amount in this heading, not to exceed $16,000 may be used for

official receptions within the United States as authorized, not to

exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception

and representation expenses of Radio Free Europe/Radio Liberty;

and in addition, notwithstanding any other provision of law, not

to exceed $2,000,000 in receipts from advertising and revenue from

business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000

in receipts from privatization efforts of the Voice of America and

the International Broadcasting Bureau, to remain available until

expended for carrying out authorized purposes.

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $10,893,000, to

remain available until expended, as authorized.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of title 5, United States Code; for

services as authorized by 5 U.S.C. 3109; and for hire of passenger

transportation pursuant to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this title may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

119 STAT. 2326 PUBLIC LAW 109–108—NOV. 22, 2005

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Broadcasting Board

of Governors in this title may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 403. None of the funds made available in this title may

be used by the Department of State or the Broadcasting Board

of Governors to provide equipment, technical support, consulting

services, or any other form of assistance to the Palestinian Broadcasting Corporation.

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

in Persons, established under section 406 of division B of Public

Law 108–7 to coordinate agency activities regarding policies

(including grants and grant policies) involving the international

trafficking in persons, shall coordinate all such policies related

to the activities of traffickers and victims of severe forms of trafficking.

(b) None of the funds provided in this or any other Act shall

be expended to perform functions that duplicate coordinating

responsibilities of the Operating Group.

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

authorities that appointed them pursuant to section 406 of division

B of Public Law 108–7.

SEC. 405. For the purposes of registration of birth, certification

of nationality, or issuance of a passport of a United States citizen

born in the city of Jerusalem, the Secretary of State shall, upon

request of the citizen, record the place of birth as Israel.

SEC. 406. Notwithstanding any other provision of law, of the

funds appropriated by this Act under the heading ‘‘Diplomatic and

Consular Programs’’: $5,000,000 shall be made available for an

endowment for the Center for Asian Democracy; $100,000 shall

be made available for a grant to the Center for the Study of

the Presidency for a public diplomacy initiative; $300,000 shall

be made available for a grant to Operation Smile for a public

diplomacy program; and $350,000 shall be made available for a

grant to MiraMed for programs to combat human trafficking.

SEC. 407. Funds appropriated under this title for the Broadcasting Board of Governors and the Department of State may

be obligated and expended notwithstanding section 15 of the State

Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236), and section 504(a)(1) of the National Security

Act of 1947 (50 U.S.C. 414(a)(1)).

SEC. 408. (a) Funds provided in this title for the following

accounts shall be made available for programs in the amounts

contained in the respective tables included in the report accompanying this Act:

‘‘Educational and Cultural Exchange Programs’’.

‘‘National Endowment for Democracy’’.

‘‘International Broadcasting Operations’’.

‘‘Broadcasting Capital Improvements’’.

Records.

Israel.

Palestinian

Broadcasting

Corporation.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2327

(b) Any proposed increases or decreases to the amounts contained in such tables in the accompanying report shall be subject

to the regular notification procedures in section 605 of this Act.

(c) The Secretary of State shall notify the Committees on Appropriations 15 days in advance of recommending the issuance of

any license subject to Executive Order No. 13067.

SEC. 409. Notwithstanding any other provision of law, of the

funds appropriated or otherwise made available in this title, not

more than $1,035,500,000 shall be available for payment to the

United Nations for assessed and other expenses of international

peacekeeping activities.

SEC. 410. Section 1334 of the Foreign Affairs Reform and

Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking

‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’.

SEC. 411. None of the funds appropriated under this title may

be made available to pay any contribution of the United States

to the United Nations if the United Nations implements or imposes

any taxation on any United States persons.

SEC. 412. It is the sense of the Congress that the amount

of any loan for the renovation of the United Nations headquarters

building located in New York, New York, should not exceed

$600,000,000: Provided, That if any loan exceeds $600,000,000,

the Secretary of State shall notify the Congress of the current

cost of the renovation and cost containment measures.

SEC. 413. None of the funds made available by this title may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the

President has not submitted to the Congress such a recommendation.

SEC. 414. (a) None of the funds appropriated or otherwise

made available under this title shall be expended for any purpose

for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subparagraphs (A) and (B) of section

609 of that Act shall continue to apply during fiscal year 2006.

SEC. 415. (a) None of the funds appropriated or otherwise

made available under this title shall be expended for any purpose

for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subsections (b) and (c) of section 616

of that Act shall continue to apply during fiscal year 2006.

SEC. 416. (a) Except as provided in subsection (b), a project

to construct a diplomatic facility of the United States may not

include office space or other accommodations for an employee of

a Federal agency or department if the Secretary of State determines

that such department or agency has not provided to the Department

of State the full amount of funding required by subsection (e)

of section 604 of the Secure Embassy Construction and

Counterterrorism Act of 1999 (as enacted into law by section

Applicability.

Applicability.

United Nations.

Notification.

United Nations.

Notification.

Deadline.

119 STAT. 2328 PUBLIC LAW 109–108—NOV. 22, 2005

1000(a)(7) of Public Law 106–113 and contained in appendix G

of that Act; 113 Stat. 1501A–453), as amended by section 629

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

and Related Agencies Appropriations Act, 2005.

(b) Notwithstanding the prohibition in subsection (a), a project

to construct a diplomatic facility of the United States may include

office space or other accommodations for members of the Marine

Corps.

SEC. 417. Ceilings and earmarks contained in this title shall

not be applicable to funds or authorities appropriated or otherwise

made available by any subsequent Act unless such Act specifically

so directs. Earmarks or minimum funding requirements contained

in any other Act shall not be applicable to funds appropriated

by this title.

This title may be cited as the ‘‘Department of State and Related

Agency Appropriations Act, 2006’’.

TITLE V—RELATED AGENCIES

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Antitrust Modernization Commission, as authorized by Public Law 107–273, $1,172,000, to remain

available until expended.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $499,000, as authorized by section 1303

of Public Law 99–83.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,048,000: Provided, That none of the funds appropriated in this paragraph shall be

used to employ in excess of four full-time individuals under Schedule

C of the Excepted Service exclusive of one special assistant for

each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners

for more than 75 billable days, with the exception of the chairperson,

who is permitted 125 billable days.

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on

International Religious Freedom, as authorized by title II of the

International Religious Freedom Act of 1998 (Public Law 105–

292), $3,300,000, to remain available until September 30, 2007.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2329

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and

Cooperation in Europe, as authorized by Public Law 94–304,

$2,030,000, to remain available until September 30, 2007.

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $1,900,000,

including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2007.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity

Commission as authorized by title VII of the Civil Rights Act

of 1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including

services as authorized by 5 U.S.C. 3109; hire of passenger motor

vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards

to private citizens; and not to exceed $33,000,000 for payments

to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections

6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of

1991, $331,228,000: Provided, That the Commission is authorized

to make available for official reception and representation expenses

not to exceed $2,500 from available funds: Provided further, That

the Commission may take no action to implement any workforce

repositioning, restructuring, or reorganization until such time as

the Committees on Appropriations have been notified of such proposals, in accordance with the reprogramming provisions of section

605 of this Act.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed

$4,000 for official reception and representation expenses; purchase

and hire of motor vehicles; special counsel fees; and services as

authorized by 5 U.S.C. 3109, $289,771,000: Provided, That

$288,771,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, shall be retained and used for necessary expenses in this

appropriation, and shall remain available until expended: Provided

further, That the sum herein appropriated shall be reduced as

such offsetting collections are received during fiscal year 2006 so

as to result in a final fiscal year 2006 appropriation estimated

Notification.

119 STAT. 2330 PUBLIC LAW 109–108—NOV. 22, 2005

at $1,000,000: Provided further, That any offsetting collections

received in excess of $288,771,000 in fiscal year 2006 shall remain

available until expended, but shall not be available for obligation

until October 1, 2006: Provided further, That notwithstanding 47

U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding

system that may be retained and made available for obligation

shall not exceed $85,000,000 for fiscal year 2006.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,

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

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception

and representation expenses, $211,000,000, to remain available

until expended: Provided, That not to exceed $300,000 shall be

available for use to contract with a person or persons for collection

services in accordance with the terms of 31 U.S.C. 3718: Provided

further, That, notwithstanding any other provision of law, not to

exceed $116,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless

of the year of collection, shall be retained and used for necessary

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, $23,000,000 in offsetting collections derived from fees sufficient to implement and enforce the

Telemarketing Sales Rule, promulgated under the Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),

shall be credited to this account, and be retained and used for

necessary expenses in this appropriation: Provided further, That

the sum herein appropriated from the general fund shall be reduced

as such offsetting collections are received during fiscal year 2006,

so as to result in a final fiscal year 2006 appropriation from the

general fund estimated at not more than $72,000,000: Provided

further, That none of the funds made available to the Federal

Trade Commission may be used to enforce subsection (e) of section

43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or section

151(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1831t note).

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out

the purposes of the Legal Services Corporation Act of 1974,

$330,803,000, of which $312,375,000 is for basic field programs

and required independent audits; $2,539,000 is for the Office of

Inspector General, of which such amounts as may be necessary

may be used to conduct additional audits of recipients; $12,825,000

is for management and administration; $1,255,000 is for client

self-help and information technology; and $1,809,000 is for grants

to offset losses due to census adjustments.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2331

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

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

Corporation shall be expended for any purpose prohibited or limited

by, or contrary to any of the provisions of, sections 501, 502,

503, 504, 505, and 506 of Public Law 105–119, and all funds

appropriated in this Act to the Legal Services Corporation shall

be subject to the same terms and conditions set forth in such

sections, except that all references in sections 502 and 503 to

1997 and 1998 shall be deemed to refer instead to 2005 and 2006,

respectively, and except that section 501(a)(1) of Public Law 104–

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

the $1,809,000 to address loss of funding due to Census-based

reallocations.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92–522, $2,920,000, of

which $920,000 shall remain available until September 30, 2007.

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

For necessary expenses of the National Veterans Business

Development Corporation as authorized under section 33(a) of the

Small Business Act, $1,500,000, to remain available until expended.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $888,117,000, to remain

available until expended; of which not to exceed $10,000 may be

used toward funding a permanent secretariat for the International

Organization of Securities Commissions; and of which not to exceed

$100,000 shall be available for expenses for consultations and

meetings hosted by the Commission with foreign governmental

and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning

developments relating to securities matters, development and

implementation of cooperation agreements concerning securities

matters and provision of technical assistance for the development

of foreign securities markets, such expenses to include necessary

logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations

and meetings including: (1) such incidental expenses as meals taken

in the course of such attendance; (2) any travel and transportation

to or from such meetings; and (3) any other related lodging or

subsistence: Provided, That fees and charges authorized by sections

6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),

and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934

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

account as offsetting collections: Provided further, That not to exceed

119 STAT. 2332 PUBLIC LAW 109–108—NOV. 22, 2005

$863,117,000 of such offsetting collections shall be available until

expended for necessary expenses of this account: Provided further, That $25,000,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and

Exchange Commission: Provided further, That the total amount

appropriated under this heading from the general fund for fiscal

year 2006 shall be reduced as such offsetting fees are received

so as to result in a final total fiscal year 2006 appropriation from

the general fund estimated at not more than $0.

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 108–447,

including hire of passenger motor vehicles as authorized by 31

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception

and representation expenses, $313,029,000: Provided, That the

Administrator is authorized to charge fees to cover the cost of

publications developed by the Small Business Administration, and

certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities

shall be credited to this account, to be available for carrying out

these purposes without further appropriations: Provided further,

That $89,000,000 shall be available to fund grants for performance

in fiscal year 2006 or fiscal year 2007 as authorized: Provided

further, That the Small Business Administration is authorized to

award grants under the Women’s Business Center Sustainability

Pilot Program established by section 4(a) of Public Law 106–165

(15 U.S.C. 656(l)): Provided further, That, of the amounts provided

for Women’s Business Centers, not less than 41 percent shall be

available to continue Women’s Business Centers in sustainability

status.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

$13,900,000.

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees

Revolving Fund, authorized by the Small Business Investment Act,

as amended, $2,861,000, to remain available until expended.

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $1,300,000, to remain available

until expended: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974: Provided further, That subject

to section 502 of the Congressional Budget Act of 1974, during

fiscal year 2006 commitments to guarantee loans under section

503 of the Small Business Investment Act of 1958, shall not exceed

the levels established under 20(e)(1)(B)(ii) of the Small Business

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2333

Act: Provided further, That during fiscal year 2006 commitments

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

Small Business Act, shall not exceed the levels established under

20(e)(1)(B)(i) of the Small Business Act: Provided further, That

during fiscal year 2006 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act

of 1958, shall not exceed $3,000,000,000: Provided further, That

during fiscal year 2006 guarantees of trust certificates authorized

by section 5(g) of the Small Business Act shall not exceed a principal

amount of $12,000,000,000.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $125,307,000, which may be transferred to and merged with the appropriations for Salaries and

Expenses: Provided, That, of the funds previously made available

under Public Law 105–135, section 507(g), for the Delta Loan program, up to $500,000 may be transferred to and merged with

the appropriation for Salaries and Expenses.

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

From unobligated balances under this heading, in fiscal year

2006, not to exceed $9,000,000 may be transferred to and merged

with appropriations for Salaries and Expenses for indirect administrative expenses, of which $1,500,000 is for the Office of Inspector

General of the Small Business Administration for audits and

reviews of disaster loans and the disaster loan program and shall

be transferred to and merged with appropriations for the Office

of Inspector General.

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available

for the current fiscal year for the Small Business Administration

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this paragraph shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public

Law 102–572), $3,500,000: Provided, That not to exceed $2,500

shall be available for official reception and representation expenses.

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic and Security Review Commission, $3,000,000, including not more

119 STAT. 2334 PUBLIC LAW 109–108—NOV. 22, 2005

than $5,000 for the purpose of official representation, to remain

available until September 30, 2007.

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace

as authorized in the United States Institute of Peace Act,

$22,350,000, to remain available until September 30, 2007.

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

For necessary expenses of the United States Senate-China

Interparliamentary Group, as authorized under section 153 of the

Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law

108–99; 118 Stat. 448), $150,000, to remain available until September 30, 2007.

TITLE VI—GENERAL PROVISIONS

SEC. 601. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 602. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 603. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2006, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds that: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes or renames offices; (6) reorganizes, programs or activities; or (7) contracts out or privatizes

any functions or activities presently performed by Federal

employees; unless the Appropriations Committees of both Houses

of Congress are notified 15 days in advance of such reprogramming

of funds.

Notification.

Deadline.

Contracts.

Public

information.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2335

(b) None of the funds provided under this Act, or provided

under previous appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2006, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $750,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings,

including savings from a reduction in personnel, which would result

in a change in existing programs, activities, or projects as approved

by Congress; unless the Appropriations Committees of both Houses

of Congress are notified 15 days in advance of such reprogramming

of funds.

SEC. 606. Hereafter, none of the funds made available in this

Act may be used to implement, administer, or enforce any guidelines

of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 607. If it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that is not made in the United States, the person shall be ineligible

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title

48, Code of Federal Regulations.

SEC. 608. The Departments of Commerce, Justice, and State,

the Broadcasting Board of Governors, the National Science Foundation, the National Aeronautics and Space Administration, the Federal Communications Commission, the Securities and Exchange

Commission and the Small Business Administration shall provide

to the Committees on Appropriations of the Senate and of the

House of Representatives a quarterly accounting of the cumulative

balances of any unobligated funds that were received by such agency

during any previous fiscal year.

SEC. 609. Any costs incurred by a department or agency funded

under this Act resulting from personnel actions taken in response

to funding reductions included in this Act shall be absorbed within

the total budgetary resources available to such department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

section is provided in addition to authorities included elsewhere

in this Act: Provided further, That use of funds to carry out this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

Records.

Religious

harrasment.

Notification.

Deadline.

119 STAT. 2336 PUBLIC LAW 109–108—NOV. 22, 2005

SEC. 610. None of the funds provided by this Act shall be

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country

of restrictions on the marketing of tobacco or tobacco products,

except for restrictions which are not applied equally to all tobacco

or tobacco products of the same type.

SEC. 611. None of the funds appropriated pursuant to this

Act or any other provision of law may be used for—

(1) the implementation of any tax or fee in connection

with the implementation of subsection 922(t) of title 18, United

States Code; and

(2) any system to implement subsection 922(t) of title 18,

United States Code, that does not require and result in the

destruction of any identifying information submitted by or on

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24

hours after the system advises a Federal firearms licensee

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922

of title 18, United States Code, or State law.

SEC. 612. Notwithstanding any other provision of law, amounts

deposited or available in the Fund established under 42 U.S.C.

10601 in any fiscal year in excess of $625,000,000 shall not be

available for obligation until the following fiscal year.

SEC. 613. For additional amounts under the heading ‘‘Small

Business Administration, Salaries and Expenses’’, $1,000,000 shall

be available for the Adelante Development Center, Inc., NM;

$850,000 shall be available for the Alabama Department of Archives

and History, Montgomery, AL; $500,000 shall be available for the

Alabama Humanities Foundation for a Statewide Initiative;

$1,500,000 shall be available for Alabama State Docks Economic

Development; $200,000 shall be available for the Alaska Small

Business Development Center; $1,000,000 shall be available for

the Alcorn State University Judicial Threat Analysis Center;

$775,000 shall be available for Ben Franklin Technology Partners

Translational Action Research Boards, Philadelphia, PA; $1,000,000

shall be available for the Bring Back Broad Street Initiative, Mobile,

AL; $450,000 shall be available for the City of Guin, AL, Industrial

Development Initiative; $250,000 shall be available for the City

of Monroeville, AL, Community Enrichment Project; $300,000 shall

be available for the City of Oneonta, AL, for industrial development;

$500,000 shall be available for the City of Richland Revitalization

Project; $100,000 shall be available for community development

in Randolph County, AL; $275,000 shall be available for the

Community Development Project, Huntsville, AL; $500,000 shall

be available for economic development in Lamar County, AL;

$100,000 shall be available for the Great Lakes Business Growth

and Development Center at Lorain County Community College;

$200,000 shall be available for the Greenville Waterfront Industrial

Enhancement Project; $50,000 shall be available for the Houston

Community College Multi-Cultural Business Center; $75,000 shall

be available for the Idaho Virtual Incubator at Lewis-Clark State

College; $500,000 shall be available for Industrial Infrastructure

in Hartselle, AL; $5,000,000 shall be available for the Industrial

Outreach Service at Mississippi State University; $450,000 shall

be available for infrastructure development in Chambers County,

42 USC 10601

note.

Firearms.

Tobacco and

tobacco products.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2337

AL; $200,000 shall be available for the Investnet/Technology Venture Center partnership for Alaska and Montana; $200,000 shall

be available for the Knoxville College Small Business Incubator

Program; $350,000 shall be available for the LeFleur Lakes Flood

Control/Pearl River Watershed project; $750,000 shall be available

for the Manufacturing Technology Initiative at Mississippi State

University; $500,000 shall be available for the Mississippi Children’s Museum; $1,000,000 shall be available for the Mississippi

Film Enterprise Zone; $1,250,000 shall be available for the Mississippi Technology Alliance Economic Development Plan; $500,000

shall be available for the Mitchell Memorial Library for the

digitization of special collections; $500,000 shall be available for

the Montgomery, AL, Downtown Revitalization Project; $650,000

shall be available for the New Product Development and Commercialization Center for Rural Manufacturers; $2,100,000 shall be

available for the Oak Ridge National Laboratory for the Southeastern fiber optic project (Lambda Rail); $500,000 shall be available

for the Old Fort McClellan Economic Development Initiative,

Anniston, AL; $75,000 shall be available for the Pro-Tech Program

at the College of Southern Idaho; $500,000 shall be available for

the Shelby County, AL, Environmental Education Center;

$2,000,000 shall be available for Small Business Development Centers in Mississippi; $100,000 shall be available for the South Carolina International Center for Automotive Research Park Innovation

Center; $250,000 shall be available for the Technology Venture

Center, MT; $25,000 shall be available for the Town of Millry,

AL, for community development; $1,000,000 shall be available for

the Toxin Alert Development Project at the University of Southern

Mississippi; $500,000 shall be available for the Troy University

Center for International Business and Economic Development;

$900,000 shall be available for the Tuck School of Business/MBDA

Partnership; $150,000 shall be available for the University of Alabama Community Development project; $350,000 shall be available

for the University of West Alabama Regional Center for Community

and Economic Development; $1,000,000 shall be available for the

Women’s Entrepreneurship Initiative at the Mississippi University

for Women; $500,000 shall be available for the Montana Department

of Administration for spatial data to enable economic development;

$500,000 shall be available for the City of Fort Wayne, Indiana

for the Institute for Orthopedic Biomaterials Research; $1,000,000

shall be available for the New Mexico State University Arrowhead

Center; $1,000,000 shall be available for the New Mexico Community Development Loan Fund/WESSTCorp. Cooperative; $1,500,000

shall be available for the Inland Northwest Regional GigaPop Network Connectivity project; $300,000 shall be available for the

Brooklyn, NY Chamber of Commerce for the Brooklyn Goes Global

program; $500,000 shall be available for the Institute for Technology

and Business Development at Central Connecticut State University;

$500,000 shall be available for the Iowa Department of Economic

Development for the Entrepreneurial Venture Assistance Project;

$400,000 shall be available for the New Ventures Center in Davenport in Iowa; $400,000 shall be available for the Pappajohn

Higher Education Center in Des Moines, Iowa; $250,000 shall be

available for the University of Vermont Small Enterprise Research

Initiative; $200,000 shall be available for the Genesis of Innovation

in Rapid City, South Dakota; $500,000 shall be available for the

Wisconsin Security Research Consortium, a collaboration between

119 STAT. 2338 PUBLIC LAW 109–108—NOV. 22, 2005

the University of Wisconsin System and the Wisconsin Technology

Council; $500,000 shall be available for the Rowan University Technology Center and Business Incubator; $1,500,000 shall be available

for the Vermont Center for Emerging Technologies; $500,000 shall

be available for the Vermont Employee Ownership Center; $820,000

shall be available for the Central Michigan University Center for

Applied Research and Technology; $500,000 shall be available for

the Nanotechnology Economic Development Program at the University of Arkansas at Little Rock; $1,100,000 shall be available for

the University of Arkansas’ Research and Technology Park;

$600,000 shall be available for the Maryland Technology Development Corporation for the Minority R&D Initiative; $1,000,000 shall

be available for the University of West Florida’s Statewide Small

Business Development Center Network; $200,000 shall be available

for the Nevada’s Commission on Economic Development; $1,000,000

shall be available for the Clark County Department of Aviation,

Las Vegas, Nevada to study and operate the international air

trade show; $250,000 shall be available for the Corona-Elmhurst

Center for Economic Development, New York; $180,000 shall be

available for the Sephardic Angel Fund, New York City; $500,000

shall be available for the Detroit Economic Growth Business Attraction Program; $250,000 shall be available for the Oregon Department of Consumer and Business Services’ One-Stop Permitting

Portal; $250,000 shall be available for the Fossil Bed Park and

Ancient Lands Field House; $100,000 shall be for a grant to Cedar

Creek Battlefield Foundation; $100,000 shall be for a grant to

Belle Grove Plantation; $250,000 shall be for a grant to Shenandoah

University for a facility; $100,000 shall be for a grant to WinchesterFrederick Convention and Visitor Bureau; $2,000,000 shall be for

a grant to Virginia Community College System for a web portal;

$200,000 shall be for a grant to Americans at War; $500,000 shall

be for a grant to Warren County, Virginia, for a community enhancement project; $2,000,000 shall be available for the United StatesChina Economic and Security Review Commission for projects to

study Chinese policies and practices and their impacts on American

interests, the American economy, and small businesses; $200,000

shall be for a grant to the Myrtle Beach International Trade and

Convention Center; $575,000 shall be for a grant to the Innovation

and Outreach Center at the University of Mississippi; $500,000

shall be for a grant to Competitive Manufacturing through Innovation Management at the University of Wisconsin Oshkosh; $200,000

shall be for a grant to Business and Industrial Incubator in Cushing,

Oklahoma; $500,000 shall be for a grant to Patrick Henry Community College for a workforce development program; $500,000 shall

be for a grant to Danville Community College for a workforce

development program; $500,000 shall be for a grant to Advanced

and Applied Polymer Processing Institute; $1,000,000 shall be for

a grant to the Industrial Development Authority of Halifax, VA;

$1,000,000 shall be for a grant to the University of Illinois for

the Information Trust Initiative; $1,000,000 shall be for a grant

to Aurora, IL, for construction and other activities related to community development; $200,000 shall be for a grant to Carnegie Mellon

University for a Community-Based Demonstration Project; $500,000

shall be for a grant to REI Rural Business and Resource Center

in Seminole, Oklahoma; $1,000,000 shall be for a grant to Appalachian State University; $1,000,000 shall be for a grant to Western

Carolina University for a computer engineering program; $1,000,000

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2339

shall be for a grant to International Small Business and Trade

Institute; $500,000 shall be for a grant to the Illinois Institute

for Technology to examine and assess advancements in biotechnologies; $3,000,000 shall be for a grant to the Southern and

Eastern Kentucky Tourism Development Association; $2,500,000

shall be for a grant to the Southern and Eastern Kentucky Economic

Development Corporation; $1,000,000 shall be for a grant to the

National Center for Community Renewal; $250,000 shall be for

a grant to Advanced Business Technology Incubator at College

of the Canyons; $250,000 shall be for a grant to the Applied

Competitive Technologies Program of the California Community

Colleges; $250,000 shall be for a grant to Adirondack Champlain

Fiber Network; $100,000 shall be for a grant to Amoskeag Business

Incubator; $500,000 shall be for a grant to the Montana World

Trade Center; $1,000,000 shall be for a grant to the Fairplex Trade

and Conference Center; $220,000 shall be for a grant to Virtual

Business Incubator in Southeast Pennsylvania; $250,000 shall be

for a grant to the Rochester Tooling and Machining Association;

$600,000 shall be for a grant to Wittenberg University to expand

business education; $500,000 shall be for a grant to Experience

Works to expand opportunities for older workers; $1,000,000 shall

be for a grant to Innovation Center in Peoria, Illinois; $1,250,000

shall be for a grant to North Iowa Area Community College business

incubator; $1,000,000 shall be for a grant to University of Redlands

for development of a center to assist small business; $500,000

shall be for a grant to McHenry County Economic Development

Corporation; $300,000 shall be for a grant to Rockford Area Ventures in Rockford, Illinois; $1,100,000 shall be for a grant to Ohio

Ready to Work program; $530,000 shall be for a grant to Michigan

State University for the Institute for Trade in the Americas;

$500,000 shall be for a grant to Bridgeport Regional Business

Council for an economic integration initiative; $100,000 shall be

for a grant to Cedarbridge Development Corporation for a redevelopment initiative; $100,000 shall be for a grant to the Heart of

Florida Regional Coalition; $150,000 shall be for a grant to Syracuse, NY, for a small business community support program;

$500,000 shall be for a grant to the Connect the Valley initiative;

$500,000 shall be for a grant to the Chattanooga Enterprise Center

for a demonstration project; $150,000 shall be available for a grant

to St. Jerome Church for their community center project and programs in the Bronx, New York; $50,000 shall be available for

a grant to establish the Tito Puente Legacy Project at Hostos

Community College in New York; $150,000 shall be available for

a grant to the Bronx Council on the Arts for its Arts Cultural

Corridor Project to promote local arts initiatives; $50,000 shall

be available for a grant to the South Bronx Action Group to provide

housing related services to the community; $100,000 shall be available for a grant to Pro Co Technology, Inc. for their programs

in the Bronx, New York; $150,000 shall be available for a grant

to Bronx Shepherds for community programs; $200,000 shall be

available for a grant to HOGAR, Inc. in the Bronx, New York;

$50,000 shall be available for a grant to the Promesa Foundation

to provide financial assistance to New York area families under

a youth sports and recreational initiative; $100,000 shall be available for a grant to Promesa Enterprises in New York for infrastructure program support; $100,000 shall be available for a grant to

Presbyterian Senior Services for capital costs for their Grandparent

119 STAT. 2340 PUBLIC LAW 109–108—NOV. 22, 2005

Family Apartments project in the Bronx, New York; $50,000 shall

be available for a grant to World Vision’s Bronx Storehouse for

services in the community; $50,000 shall be available for a grant

to the Bronx River Alliance for its services in the Bronx, New

York; $600,000 shall be available to the Downtown Huntsville Small

Business Enhancement Initiative; $150,000 shall be available for

the Rhode Island College for the Project FLIP (Financial and Functional Literacy Incentive Program); $750,000 shall be available

for the Rhode Island School of Design in Providence, Rhode Island;

$100,000 shall be available for the Newport County Chamber of

Commerce for the Aquidneck Island Corporate Park Capital Program; $700,000 shall be available for the American Cities Foundation (ACF) Economic Development Initiative; $300,000 shall be

available for CAP Services in Stevens Point, WI; $500,000 shall

be available for the Northwest Regional Planning Commission;

$400,000 shall be available for the Wisconsin Procurement Institute;

$250,000 shall be for the JARI Workforce Development Program;

$250,000 shall be for the JARI Small Business Technology Center;

$400,000 shall be for the Economic Growth Connection Procurement

Assistance Program; $300,000 shall be for the Franklin County,

Massachusetts Community Development Corporation for a rural

economic growth program; $1,870,000 shall be available for a grant

to the MountainMade Foundation to fulfill its charter purposes

and to continue the initiative developed by the NTTC for outreach

and promotion, business and sites development, the education of

artists and craftspeople, and to promote small businesses, artisans

and their products through market development, advertisement,

commercial sale and other promotional means; $1,000,000 shall

be available for the INNOVA small business incubator; $30,000

shall be available for the Town of Hambleton for upgrades and

renovations to the town hall; $100,000 shall be available for the

Parsons Revitalization Organization for planning purposes;

$100,000 shall be available for Rowlesburg Revitalization Committee for neighborhood revitalization; $500,000 shall be available

for the Institute for Entrepreneurship, Small Business Development

and Global Logistics at California State University at Dominguez

Hills, California; $300,000 shall be available for Brooklyn Economic

Development Corporation in Brooklyn, New York to support and

expand the Initiative for a Competitive Brooklyn; and $200,000

shall be available for the Local Development Corporation of East

New York for the Brooklyn Enterprise Center.

SEC. 614. None of the funds made available to the Department

of Justice in this Act may be used to discriminate against or

denigrate the religious or moral beliefs of students who participate

in programs for which financial assistance is provided from those

funds, or of the parents or legal guardians of such students.

SEC. 615. All disaster loans issued in Alaska or North Dakota

shall be administered by the Small Business Administration and

shall not be sold during fiscal year 2006.

SEC. 616. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 617. The Departments of Commerce, Justice, and State,

the Securities and Exchange Commission and the Small Business

Administration shall, not later than two months after the date

Deadline.

Certification.

Telecommuting.

5 USC 6120 note.

Loans.

Alaska.

North Dakota.

Discrimination.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2341

of the enactment of this Act, certify that telecommuting opportunities have increased over levels certified to the Committees on Appropriations for fiscal year 2005: Provided, That, of the total amounts

appropriated to the Departments of Commerce, Justice, and State,

the Securities and Exchange Commission and the Small Business

Administration, $5,000,000 shall be available to each only upon

such certification: Provided further, That each Department or

agency shall provide quarterly reports to the Committees on Appropriations on the status of telecommuting programs, including the

number and percentage of Federal employees eligible for, and

participating in, such programs: Provided further, That each Department or agency shall maintain a ‘‘Telework Coordinator’’ to be

responsible for overseeing the implementation and operations of

telecommuting programs, and serve as a point of contact on such

programs for the Committees on Appropriations.

SEC. 618. With the consent of the President, the Secretary

of Commerce shall represent the United States Government in

negotiating and monitoring international agreements regarding

fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and

interdepartmental coordination of the policies of the United States

with respect to the international negotiations and agreements

referred to in this section.

SEC. 619. The National Aeronautics and Space Administration

and the National Science Foundation shall, not later than two

months after the date of the enactment of this Act, certify that

telecommuting opportunities are made available to 100 percent

of the eligible workforce: Provided, That, of the total amounts

appropriated to the National Aeronautics and Space Administration

and the National Science Foundation, $5,000,000 shall be available

to each agency only upon such certification: Provided further, That

both agencies shall provide quarterly reports to the Committees

on Appropriations on the status of telecommuting programs,

including the number of Federal employees eligible for, and participating in, such programs: Provided further, That both agencies

shall designate a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as a point of contact on such programs for the

Committees on Appropriations.

SEC. 620. Any funds provided in this Act used to implement

E-Government Initiatives shall be subject to the procedures set

forth in section 605 of this Act.

SEC. 621. (a) Tracing studies conducted by the Bureau of

Alcohol, Tobacco, Firearms and Explosives are released without

adequate disclaimers regarding the limitations of the data.

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives

shall include in all such data releases, language similar to the

following that would make clear that trace data cannot be used

to draw broad conclusions about firearms-related crime:

(1) Firearm traces are designed to assist law enforcement

authorities in conducting investigations by tracking the sale

and possession of specific firearms. Law enforcement agencies

may request firearms traces for any reason, and those reasons

are not necessarily reported to the Federal Government. Not

all firearms used in crime are traced and not all firearms

traced are used in crime.

Firearms.

Designation.

Reports.

Deadline.

Certification.

Telecommuting.

Designation.

Reports.

119 STAT. 2342 PUBLIC LAW 109–108—NOV. 22, 2005

(2) Firearms selected for tracing are not chosen for purposes

of determining which types, makes or models of firearms are

used for illicit purposes. The firearms selected do not constitute

a random sample and should not be considered representative

of the larger universe of all firearms used by criminals, or

any subset of that universe. Firearms are normally traced

to the first retail seller, and sources reported for firearms

traced do not necessarily represent the sources or methods

by which firearms in general are acquired for use in crime.

SEC. 622. None of the funds appropriated by this Act may

be used by the Federal Communications Commission to modify,

amend, or change its rules or regulations for universal service

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service

regarding single connection or primary line restrictions on universal

service support payments.

SEC. 623. None of the funds appropriated or otherwise made

available under this Act may be used to issue patents on claims

directed to or encompassing a human organism.

SEC. 624. None of the funds made available in this Act shall

be used in any way whatsoever to support or justify the use of

torture by any official or contract employee of the United States

Government.

SEC. 625. Of the amounts made available in this Act,

$393,616,321 from ‘‘Department of State’’; $27,938,072 from

‘‘Department of Justice’’; $14,107,754 from ‘‘Department of Commerce’’; $426,314 from ‘‘United States Trade Representative’’;

$575,116 from ‘‘Broadcasting Board of Governors’’; $291,855 from

‘‘National Aeronautics and Space Administration’’; and $79,754 from

‘‘National Science Foundation’’ shall be available for the purposes

of implementing the Capital Security Cost Sharing program.

SEC. 626. None of the funds made available to NASA in this

Act may be used for voluntary separation incentive payments as

provided for in subchapter II of chapter 35 of title 5, United States

Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills

related to the safety of the Space Shuttle or the International

Space Station or to the conduct of independent safety oversight

in the National Aeronautics and Space Administration.

SEC. 627. Notwithstanding 40 U.S.C. 524, 571, and 572, the

Administrator of the National Aeronautics and Space Administration may sell the National Aeronautics and Space Administrationowned property on the Camp Parks Military Reservation, Alameda

County, California.

SEC. 628. (a) IN GENERAL.—The President of the United States

through his designee the Administrator of the National Aeronautics

and Space Administration and in consultation with other Federal

agencies shall develop a national aeronautics policy to guide the

aeronautics programs of the Administration through 2020.

(b) CONTENT.—At a minimum, the national aeronautics policy

shall describe—

(1) the priority areas of research for aeronautics through

fiscal year 2011;

(2) the basis on which and the process by which priorities

for ensuing fiscal years will be selected;

(3) the facilities and personnel needed to carry out the

program through fiscal year 2011; and

President.

Guidelines.

42 USC 2451

note.

Certification.

Torture.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2343

(4) the budget assumptions on which the national aeronautics policy is based.

(c) CONSIDERATIONS.—In developing the national aeronautics

policy, the President shall consider the following questions, which

shall be discussed in the policy statement—

(1) the extent to which NASA should focus on long-term,

high-risk research or more incremental research or both and

the expected impact on the U.S. aircraft and airline industries

of those decisions;

(2) the extent to which NASA should address military

and commercial needs;

(3) how NASA will coordinate its aeronautics program with

other Federal agencies; and

(4) the extent to which NASA will fund university research

and the expected impact of that funding on the supply of

U.S. workers for the aeronautics industry.

(d) CONSULTATION.—In developing the national aeronautics

policy, the Administrator shall consult widely with academic and

industry experts and with other Federal agencies. The Administrator may enter into an arrangement with the National Academy

of Sciences to help develop the national aeronautics policy.

(e) SCHEDULE.—The Administrator shall submit the new

national aeronautics policy to the House and Senate Committees

on Appropriations and to the House Committee on Science and

the Senate Committee on Commerce, Science, and Transportation

within one year of enactment of this Act. The Administrator shall

make available to the Congress any study done by a non-governmental entity that was used in the development of the national

aeronautics policy.

SEC. 629. (a) Notwithstanding any other provision of law or

treaty, none of the funds appropriated or otherwise made available

under this Act or any other Act may be expended or obligated

by a department, agency, or instrumentality of the United States

to pay administrative expenses or to compensate an officer or

employee of the United States in connection with requiring an

export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section

121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on

April 1, 2005) with a total value not exceeding $500 wholesale

in any transaction, provided that the conditions of subsection (b)

of this section are met by the exporting party for such articles.

(b) The foregoing exemption from obtaining an export license—

(1) does not exempt an exporter from filing any Shipper’s

Export Declaration or notification letter required by law, or

from being otherwise eligible under the laws of the United

States to possess, ship, transport, or export the articles enumerated in subsection (a); and

(2) does not permit the export without a license of—

(A) fully automatic firearms and components and parts

for such firearms, other than for end use by the Federal

Government, or a Provincial or Municipal Government of

Canada;

(B) barrels, cylinders, receivers (frames) or complete

breech mechanisms for any firearm listed in Category I,

other than for end use by the Federal Government, or

a Provincial or Municipal Government of Canada; or

President.

119 STAT. 2344 PUBLIC LAW 109–108—NOV. 22, 2005

(C) articles for export from Canada to another foreign

destination.

(c) In accordance with this section, the District Directors of

Customs and postmasters shall permit the permanent or temporary

export without a license of any unclassified articles specified in

subsection (a) to Canada for end use in Canada or return to the

United States, or temporary import of Canadian-origin items from

Canada for end use in the United States or return to Canada

for a Canadian citizen.

(d) The President may require export licenses under this section

on a temporary basis if the President determines, upon publication

first in the Federal Register, that the Government of Canada has

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion

of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another

nation. The President shall terminate the requirements of a license

when reasons for the temporary requirements have ceased.

SEC. 630. Notwithstanding any other provision of law, no

department, agency, or instrumentality of the United States

receiving appropriated funds under this Act or any other Act shall

obligate or expend in any way such funds to pay administrative

expenses or the compensation of any officer or employee of the

United States to deny any application submitted pursuant to 22

U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR Sec. 478.112

or .113, for a permit to import United States origin ‘‘curios or

relics’’ firearms, parts, or ammunition.

SEC. 631. None of the funds made available in this Act may

be used to include in any new bilateral or multilateral trade agreement the text of—

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or

(3) paragraph 4 of article 15.9 of the United States-Morocco

Free Trade Agreement.

SEC. 632. Of the funds appropriated to the Federal Trade

Commission by this Act, not less than $1,000,000 shall be used

by the Commission to conduct an immediate investigation into

nationwide gasoline prices in the aftermath of Hurricane Katrina:

Provided, That the investigation shall include: (1) any evidence

of price-gouging by companies with total United States wholesale

sales of gasoline and petroleum distillates for calendar 2004 in

excess of $500,000,000 and by any retail distributor of gasoline

and petroleum distillates against which multiple formal complaints

(that identify the location of a particular retail distributor and

provide contact information for the complainant) of price-gouging

were filed in August or September, 2005, with a Federal or State

consumer protection agency; (2) a comparison of, and an explanation

of the reasons for changes in, profit levels of such companies during

the 12-month period ending on August 31, 2005, and their profit

levels for the month of September, 2005, including information

for particular companies on a basis that does not permit the identification of any company to which the information relates; (3) a

summary of tax expenditures (as defined in section 3(3) of the

Congressional Budget and Impoundment Control Act of 1974 (2

Gasoline and

petroleum.

President.

President.

Federal Register,

publication.

Canada.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2345

U.S.C. 622(3)) for such companies; (4) the effects of increased gasoline prices and gasoline price-gouging on economic activity in the

United States; and (5) the overall cost of increased gasoline prices

and gasoline price-gouging to the economy, including the impact

on consumers’ purchasing power in both declared State and

National disaster areas and elsewhere: Provided further, That, in

conducting its investigation, the Commission shall treat as evidence

of price-gouging any finding that the average price of gasoline

available for sale to the public in September, 2005, or thereafter

in a market area located in an area designated as a State or

National disaster area because of Hurricane Katrina, or in any

other area where price-gouging complaints have been filed because

of Hurricane Katrina with a Federal or State consumer protection

agency, exceeded the average price of such gasoline in that area

for the month of August, 2005, unless the Commission finds

substantial evidence that the increase is substantially attributable

to additional costs in connection with the production, transportation,

delivery, and sale of gasoline in that area or to national or international market trends: Provided further, That in any areas of

markets in which the Commission determines price increases are

due to factors other than the additional costs, it shall also notify

the appropriate State agency of its findings: Provided further, That

the Commission shall provide information on the progress of the

investigation to the Senate and House Appropriations Committees,

the Senate Committee on Commerce, Science, and Transportation,

and the House of Representatives Committee on Energy and Commerce every 30 days after the date of enactment of this Act, shall

provide those Committees a written interim report 90 days after

such date, and shall transmit a final report to those Committees,

together with its findings and recommendations, no later than

180 days after the date of enactment of this Act: Provided further,

That the Commission shall transmit recommendations, based on

its findings, to the Congress for any legislation necessary to protect

consumers from gasoline price-gouging in both State and National

disaster areas and elsewhere: Provided further, That chapter 35

of title 44, United States Code, does not apply to the collection

of information for the investigation required by this section: Provided further, That if, during the investigation, the Commission

obtains evidence that a person may have violated a criminal law,

the Commission may transmit that evidence to appropriate Federal

or State authorities: Provided further, That nothing in this section

affects any other authority of the Commission to disclose information.

SEC. 633. Section 302 of the Universal Service Antideficiency

Temporary Suspension Act is amended by striking ‘‘December 31,

2005,’’ each place it appears and inserting ‘‘December 31, 2006,’’.

SEC. 634. None of the funds made available in this Act may

be used to send or otherwise pay for the attendance of more than

50 employees of agencies or departments of the United States

Government who are stationed in the United States, at any single

international conference occurring outside the United States, unless

the Secretary of State determines that such attendance is in the

national interest: Provided, That for purposes of this section the

term ‘‘international conference’’ shall mean a conference attended

by representatives of the United States Government and representatives of foreign governments, international organizations, or nongovernmental organizations.

118 Stat. 3998.

Reports.

Deadlines.

Notification.

119 STAT. 2346 PUBLIC LAW 109–108—NOV. 22, 2005

SEC. 635. (a) MODIFICATION OF RESPONSIBILITIES.—Notwithstanding any provision of section 1238 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.

7002), or any other provision of law, the United States–China

Economic and Security Review Commission established by subsection (b) of that section shall investigate and report exclusively

on each of the following areas:

(1) PROLIFERATION PRACTICES.—The role of the People’s

Republic of China in the proliferation of weapons of mass

destruction and other weapons (including dual use technologies), including actions the United States might take to

encourage the People’s Republic of China to cease such practices.

(2) ECONOMIC TRANSFERS.—The qualitative and quantitative nature of the transfer of United States production

activities to the People’s Republic of China, including the relocation of high technology, manufacturing, and research and

development facilities, the impact of such transfers on United

States national security, the adequacy of United States export

control laws, and the effect of such transfers on United States

economic security and employment.

(3) ENERGY.—The effect of the large and growing economy

of the People’s Republic of China on world energy supplies

and the role the United States can play (including through

joint research and development efforts and technological assistance) in influencing the energy policy of the People’s Republic

of China.

(4) ACCESS TO UNITED STATES CAPITAL MARKETS.—The

extent of access to and use of United States capital markets

by the People’s Republic of China, including whether or not

existing disclosure and transparency rules are adequate to identify People’s Republic of China companies engaged in harmful

activities.

(5) REGIONAL ECONOMIC AND SECURITY IMPACTS.—The triangular economic and security relationship among the United

States, Taipei, and the People’s Republic of China (including

the military modernization and force deployments of the People’s Republic of China aimed at Taipei), the national budget

of the People’s Republic of China, and the fiscal strength of

the People’s Republic of China in relation to internal instability

in the People’s Republic of China and the likelihood of the

externalization of problems arising from such internal instability.

(6) UNITED STATES-CHINA BILATERAL PROGRAMS.—Science

and technology programs, the degree of non-compliance by the

People’s Republic of China with agreements between the United

States and the People’s Republic of China on prison labor

imports and intellectual property rights, and United States

enforcement policies with respect to such agreements.

(7) WORLD TRADE ORGANIZATION COMPLIANCE.—The compliance of the People’s Republic of China with its accession agreement to the World Trade Organization (WTO).

(8) FREEDOM OF EXPRESSION.—The implications of restrictions on speech and access to information in the People’s

Republic of China for its relations with the United States

in the areas of economic and security policy.

Reports.

22 USC 7002

note.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2347

(b) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— Subsection (g) of section 1238 of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 is amended to

read as follows:

‘‘(g) APPLICABILITY OF FACA.—The provisions of the Federal

Advisory Committee Act (5 U.S.C. App.) shall apply to the activities

of the Commission.’’.

SEC. 636. Section 635 of division B of Public Law 108–447

is amended by striking ‘‘balance’’ and inserting ‘‘and unexpended

balances’’.

SEC. 637. None of the funds made available in this Act may

be used to pay expenses for any United States delegation to any

specialized agency, body, or commission of the United Nations if

such commission is chaired or presided over by a country, the

government of which the Secretary of State has determined, for

purposes of section 6(j)(1) of the Export Administration Act of

1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts

of international terrorism.

(RESCISSION)

SEC. 638. (a) There is hereby rescinded an amount equal to

0.28 percent of the budget authority provided for in fiscal year

2006 for any discretionary account in this Act.

(b) Any rescission made by subsection (a) shall be applied

proportionately—

(1) to each discretionary account and each item of budget

authority described in subsection (a); and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$2,500,000 are rescinded.

LEGAL ACTIVITIES

ASSETS FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$102,000,000 are rescinded.

118 Stat. 2922.

22 USC 7002.

119 STAT. 2348 PUBLIC LAW 109–108—NOV. 22, 2005

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading,

$25,000,000 are rescinded.

OFFICE OF JUSTICE PROGRAMS

(RESCISSION)

Of the unobligated balances available under this heading,

$110,500,000 are rescinded.

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

Of the unobligated balances available under this heading,

$86,500,000 are rescinded.

DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(RESCISSION)

Of the unobligated balances available in accounts under this

heading from prior year appropriations, $25,000,000 are rescinded.

RELATED AGENCIES

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading,

$25,300,000 are rescinded.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading,

$12,000,000 are rescinded.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading,

$920,000 are rescinded.

PUBLIC LAW 109–108—NOV. 22, 2005 119 STAT. 2349

LEGISLATIVE HISTORY—H.R. 2862:

HOUSE REPORTS: Nos. 109–118 (Comm. on Appropriations) and 109–272

(Comm. of Conference).

SENATE REPORTS: No. 109–88 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 14–16, considered and passed House.

Sept. 8, 9, 12–15, considered and passed Senate, amended.

Nov. 9, House agreed to conference report.

Nov. 16, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Nov. 22, Presidential statement.

Æ

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, $3,000,000 are rescinded.

BUSINESS LOANS PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances available under this heading, $4,000,000 are rescinded.

This Act may be cited as the ‘‘Science, State, Justice, Commerce,

and Related Agencies Appropriations Act, 2006’’.

Approved November 22, 2005.