PUBLIC LAW 109–115—NOV. 30, 2005

TRANSPORTATION, TREASURY, HOUSING

AND URBAN DEVELOPMENT, THE JUDICIARY,

THE DISTRICT OF COLUMBIA, AND

INDEPENDENT AGENCIES APPROPRIATIONS

ACT, 2006

119 STAT. 2396 PUBLIC LAW 109–115—NOV. 30, 2005

Public Law 109–115

109th Congress

An Act

Making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent

agencies for the fiscal year ending September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND

URBAN DEVELOPMENT, THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006

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

the Treasury not otherwise appropriated, for the Departments of

Transportation, Treasury, Housing and Urban Development, the

Judiciary, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

$84,900,000, of which not to exceed $2,198,000 shall be available

for the immediate Office of the Secretary; not to exceed $698,000

shall be available for the immediate Office of the Deputy Secretary;

not to exceed $15,183,000 shall be available for the Office of the

General Counsel; not to exceed $11,650,000 shall be available for

the Office of the Under Secretary of Transportation for Policy;

not to exceed $8,485,000 shall be available for the Office of the

Assistant Secretary for Budget and Programs; not to exceed

$2,293,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $22,031,000 shall

be available for the Office of the Assistant Secretary for Administration; not to exceed $1,910,000 shall be available for the Office

of Public Affairs; not to exceed $1,442,000 shall be available for

the Office of the Executive Secretariat; not to exceed $697,000

shall be available for the Board of Contract Appeals; not to exceed

$1,265,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $2,033,000 for the Office

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

available for the Office of the Chief Information Officer; and not

to exceed $3,120,000 shall be available for the Office of Emergency

Transportation,

Treasury,

Housing and

Urban

Development, the

Judiciary, the

District of

Columbia, and

Independent

Agencies

Appropriations

Act, 2006.

Transportation,

Treasury,

Housing and

Urban

Development, the

Judiciary, and

Independent

Agencies

Appropriations

Act, 2006.

Department of

Transportation

Appropriations

Act, 2006.

Nov. 30, 2005

[H.R. 3058]

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2397

Transportation: Provided, That the Secretary of Transportation is

authorized to transfer funds appropriated for any office of the

Office of the Secretary to any other office of the Office of the

Secretary: Provided further, That no appropriation for any office

shall be increased or decreased by more than 5 percent by all

such transfers: Provided further, That notice of any change in

funding greater than 5 percent shall be submitted for approval

to the House and Senate Committees on Appropriations: Provided

further, That not to exceed $60,000 shall be for allocation within

the Department for official reception and representation expenses

as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in

Public Law 107–71, there may be credited to this appropriation

up to $2,500,000 in funds received in user fees: Provided further,

That none of the funds provided in this Act shall be available

for the position of Assistant Secretary for Public Affairs.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $8,550,000.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, development activities, and making

grants, to remain available until expended, $15,000,000.

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of

the Working Capital Fund, not to exceed $118,014,000, shall be

paid from appropriations made available to the Department of

Transportation: Provided, That such services shall be provided on

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating

expenses shall not apply to non-DOT entities: Provided further,

That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without

the approval of the agency modal administrator: Provided further,

That no assessments may be levied against any program, budget

activity, subactivity or project funded by this Act unless notice

of such assessments and the basis therefor are presented to the

House and Senate Committees on Appropriations and are approved

by such Committees.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $500,000, as authorized by

49 U.S.C. 332: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $18,367,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $400,000.

Notice.

Notice.

119 STAT. 2398 PUBLIC LAW 109–115—NOV. 30, 2005

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center outreach activities, $3,000,000, to remain available until September

30, 2007: Provided, That notwithstanding 49 U.S.C. 332, these

funds may be used for business opportunities related to any mode

of transportation.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

In addition to funds made available from any other source

to carry out the essential air service program under 49 U.S.C.

41731 through 41742, $60,000,000, to be derived from the Airport

and Airway Trust Fund, to remain available until expended: Provided, That, in determining between or among carriers competing

to provide service to a community, the Secretary may consider

the relative subsidy requirements of the carriers: Provided further,

That, if the funds under this heading are insufficient to meet

the costs of the essential air service program in the current fiscal

year, the Secretary shall transfer such sums as may be necessary

to carry out the essential air service program from any available

amounts appropriated to or directly administered by the Office

of the Secretary for such fiscal year.

NEW HEADQUARTERS BUILDING

For necessary expenses of the Department of Transportation’s

new headquarters building and related services, $50,000,000, to

remain available until expended.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance

of aircraft, subsidizing the cost of aeronautical charts and maps

sold to the public, lease or purchase of passenger motor vehicles

for replacement only, in addition to amounts made available by

Public Law 108–176, $8,036,000,000, of which $5,541,000,000 shall

be derived from the Airport and Airway Trust Fund, of which

not to exceed $6,629,000,000 shall be available for air traffic

organization activities; not to exceed $958,542,000 shall be available

for aviation regulation and certification activities; not to exceed

$11,759,000 shall be available for commercial space transportation

activities; not to exceed $50,983,000 shall be available for financial

services activities; not to exceed $69,943,000 shall be available

for human resources program activities; not to exceed $150,744,000

shall be available for region and center operations and regional

coordination activities; not to exceed $142,000,000 shall be available

for staff offices; and not to exceed $36,112,000 shall be available

for information services: Provided, That not to exceed 2 percent

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2399

of any budget activity, except for aviation regulation and certification budget activity, may be transferred to any budget activity

under this heading: Provided further, That no transfer may increase

or decrease any appropriation by more than 2 percent: Provided

further, That any transfer in excess of 2 percent shall be treated

as a reprogramming of funds under section 710 of this Act and

shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That none of the funds in this Act shall be available for the

Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically

authorized by law after the date of the enactment of this Act:

Provided further, That there may be credited to this appropriation

funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses

incurred in the provision of agency services, including receipts

for the maintenance and operation of air navigation facilities, and

for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related

thereto, or for processing major repair or alteration forms: Provided

further, That of the funds appropriated under this heading, not less than $7,500,000 shall be for the contract tower cost-sharing

program: Provided further, That funds may be used to enter into

a grant agreement with a nonprofit standard-setting organization

to assist in the development of aviation safety standards: Provided

further, That none of the funds in this Act shall be available

for new applicants for the second career training program: Provided

further, That none of the funds in this Act shall be available

for paying premium pay under 5 U.S.C. 5546(a) to any Federal

Aviation Administration employee unless such employee actually

performed work during the time corresponding to such premium

pay: Provided further, That none of the funds in this Act may

be obligated or expended to operate a manned auxiliary flight

service station in the contiguous United States: Provided further,

That none of the funds in this Act for aeronautical charting and

cartography are available for activities conducted by, or coordinated

through, the Working Capital Fund: Provided further, That none

of the funds in this Act may be obligated or expended for an

employee of the Federal Aviation Administration to purchase a

store gift card or gift certificate through use of a Governmentissued credit card. In addition, $150,000,000 is for costs associated

with the flight service station transition.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by

contract or purchase, and hire of air navigation and experimental

facilities and equipment, as authorized under part A of subtitle

VII of title 49, United States Code, including initial acquisition

of necessary sites by lease or grant; engineering and service testing,

including construction of test facilities and acquisition of necessary

sites by lease or grant; construction and furnishing of quarters

and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where

such accommodations are not available; and the purchase, lease,

119 STAT. 2400 PUBLIC LAW 109–115—NOV. 30, 2005

or transfer of aircraft from funds available under this heading;

to be derived from the Airport and Airway Trust Fund,

$2,540,000,000, of which $2,110,789,500 shall remain available until

September 30, 2008, and of which $429,210,500 shall remain available until September 30, 2006: Provided, That there may be credited

to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses

incurred in the establishment and modernization of air navigation

facilities: Provided further, That upon initial submission to the

Congress of the fiscal year 2007 President’s budget, the Secretary

of Transportation shall transmit to the Congress a comprehensive

capital investment plan for the Federal Aviation Administration

which includes funding for each budget line item for fiscal years

2007 through 2011, with total funding for each year of the plan

constrained to the funding targets for those years as estimated

and approved by the Office of Management and Budget.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

research, engineering, and development, as authorized under part

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites

by lease or grant, $138,000,000, to be derived from the Airport

and Airway Trust Fund and to remain available until September

30, 2008: Provided, That there may be credited to this appropriation

funds received from States, counties, municipalities, other public

authorities, and private sources, for expenses incurred for research,

engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning

and programs as authorized under subchapter I of chapter 471

and subchapter I of chapter 475 of title 49, United States Code,

and under other law authorizing such obligations; for procurement,

installation, and commissioning of runway incursion prevention

devices and systems at airports of such title; for grants authorized

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,399,000,000 to be

derived from the Airport and Airway Trust Fund and to remain

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

this heading shall be available for the planning or execution of

programs the obligations for which are in excess of $3,550,000,000

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

United States Code: Provided further, That none of the funds under

this heading shall be available for the replacement of baggage

conveyor systems, reconfiguration of terminal baggage areas, or

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2401

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any

other provision of law, of funds limited under this heading, not

more than $71,096,000 shall be obligated for administration, not

less than $10,000,000 shall be available for the airport cooperative

research program, and not less than $10,000,000 shall be available

to carry out the Small Community Air Service Development Program, to remain available until expended: Provided further, That

not later than December 31, 2015, the owner or operator of an

airport certificated under 49 U.S.C. 44706 shall improve the airport’s runway safety areas to comply with the Federal Aviation

Administration design standards required by 14 CFR part 139:

Provided further, That the Federal Aviation Administration shall

report annually to the Congress on the agency’s progress toward

improving the runway safety areas at 49 U.S.C. 44706 airports.

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the amounts authorized for the fiscal year ending September

30, 2006 and prior years under sections 48103 and 48112 of title

49, United States Code, $1,032,000,000 are rescinded.

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

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

may transfer without consideration to the Federal Aviation

Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,

the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement

program grant: Provided, That the Federal Aviation Administration

shall accept such equipment, which shall thereafter be operated

and maintained by FAA in accordance with agency criteria.

SEC. 102. None of the funds in this Act may be used to compensate in excess of 375 technical staff-years under the federally

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation

Systems Development during fiscal year 2006.

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

pursue or adopt guidelines or regulations requiring airport sponsors

to provide to the Federal Aviation Administration without cost

building construction, maintenance, utilities and expenses, or space

in airport sponsor-owned buildings for services relating to air traffic

control, air navigation, or weather reporting: Provided, That the

prohibition of funds in this section does not apply to negotiations

between the agency and airport sponsors to achieve agreement

on ‘‘below-market’’ rates for these items or to grant assurances

that require airport sponsors to provide land without cost to the

FAA for air traffic control facilities.

SEC. 104. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C.

41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided,

That during fiscal year 2006, 49 U.S.C. 41742(b) shall not apply,

and any amount remaining in such account at the close of that

49 USC 44502

note.

Reports.

Deadline.

49 USC 44706

note.

119 STAT. 2402 PUBLIC LAW 109–115—NOV. 30, 2005

fiscal year may be made available to satisfy section 41742(a)(1)

for the subsequent fiscal year.

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

49, United States Code, shall be credited to the appropriation

current at the time of collection, to be merged with and available

for the same purposes of such appropriation.

SEC. 106. None of the funds appropriated or limited by this

Act may be used to change weight restrictions or prior permission

rules at Teterboro Airport in Teterboro, New Jersey.

SEC. 107. None of the funds made available in this Act shall

be used for engineering work related to an additional runway at

Louis Armstrong New Orleans International Airport.

SEC. 108. (a) Section 44302(f)(1) of title 49, United States

Code, is amended by striking ‘‘2005,’’ each place it appears and

inserting ‘‘2006,’’.

(b) Section 44303(b) of such title is amended by striking ‘‘2005,’’

and inserting ‘‘2006,’’.

SEC. 109. Section 47114(c)(1) of title 49, United States Code,

is amended by adding the following new paragraph at the end:

‘‘(G) SPECIAL RULE FOR FISCAL YEAR 2006.—Notwithstanding subparagraph (A) and the absence of scheduled

passenger aircraft service at an airport, the Secretary may

apportion in fiscal year 2006 to the sponsor of the airport

an amount equal to $500,000, if the Secretary finds that—

‘‘(i) the passenger boardings at the airport were

below 10,000 in calendar year 2004;

‘‘(ii) the airport had at least 10,000 passenger

boardings and scheduled passenger aircraft service in

either calendar year 2000 or 2001; and

‘‘(iii) the reason that passenger boardings described

in clause (i) were below 10,000 was the decrease in

passengers following the terrorist attacks of September

11, 2001.’’.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $364,638,000, shall

be paid in accordance with law from appropriations made available

by this Act to the Federal Highway Administration together with

advances and reimbursements received by the Federal Highway

Administration.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

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

implementation or execution of programs, the obligations for which

are in excess of $36,032,343,903 for Federal-aid highways and highway safety construction programs for fiscal year 2006: Provided,

That within the $36,032,343,903 obligation limitation on Federalaid highways and highway safety construction programs, not more

than $429,800,000 shall be available for the implementation or

execution of programs for transportation research (chapter 5 of

23 USC 104 note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2403

title 23, United States Code; sections 111, 5505, and 5506 of title

49, United States Code; and title 5 of Public Law 109–59) for

fiscal year 2006: Provided further, That this limitation on transportation research programs shall not apply to any authority previously

made available for obligation: Provided further, That the Secretary

may, as authorized by section 605(b) of title 23, United States

Code, collect and spend fees to cover the costs of services of expert

firms, including counsel, in the field of municipal and project finance

to assist in the underwriting and servicing of Federal credit

instruments and all or a portion of the costs to the Federal government of servicing such credit instruments: Provided further, That

such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative

expenses that are also available for such purpose, and are not

subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out

the provisions of title 23, United States Code, that are attributable

to Federal-aid highways, not otherwise provided, including

reimbursement for sums expended pursuant to the provisions of

23 U.S.C. 308, $36,032,343,903 or so much thereof as may be

available in and derived from the Highway Trust Fund (other

than the Mass Transit Account), to remain available until expended.

(RESCISSION)

(HIGHWAY TRUST FUND)

Of the unobligated balances of funds apportioned to each State

under chapter 1 of title 23, United States Code, $1,999,999,000

are rescinded: Provided, That such rescission shall not apply to

the funds distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C.

133(d)(1) as in effect prior to the date of enactment of Public

Law 109–59, the first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C.

104(b)(5), or 23 U.S.C. 163 as in effect prior to the enactment

of Public Law 109–59.

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law

102–240, as amended, $20,000,000, to remain available until

expended.

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 110. (a) For fiscal year 2006, the Secretary of Transportation shall—

(1) not distribute from the obligation limitation for Federalaid highways amounts authorized for administrative expenses

and programs by section 104(a) of title 23, United States Code;

programs funded from the administrative takedown authorized

by section 104(a)(1) of title 23, United States Code (as in

effect on the date before the date of enactment of the Safe,

23 USC 104 note.

119 STAT. 2404 PUBLIC LAW 109–115—NOV. 30, 2005

Accountable, Flexible, Efficient Transportation Equity Act: A

Legacy for Users); the highway use tax evasion program; the

Bureau of Transportation Statistics; the programs, projects,

and activities funded from the takedown authorized by section

112 of this Act; and the unobligated balances of funds made

available for programs, projects, and activities funded from

the takedown authorized by section 117 of title I of division

H of the Consolidated Appropriations Act, 2005 (Public Law

108–447) for which no obligation limitation has previously been

made available;

(2) not distribute an amount from the obligation limitation

for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund

(other than the Mass Transit Account) for Federal-aid highways

and highway safety programs for previous fiscal years the funds

for which are allocated by the Secretary;

(3) determine the ratio that—

(A) the obligation limitation for Federal-aid highways,

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to

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

for Federal-aid highways and highway safety construction

programs (other than sums authorized to be appropriated

for provisions of law described in paragraphs (1) through

(9) of subsection (b) and sums authorized to be appropriated

for section 105 of title 23, United States Code, equal to

the amount referred to in subsection (b)(10) for such fiscal

year), less the aggregate of the amounts not distributed

under paragraphs (1) and (2) of this subsection;

(4)(A) distribute the obligation limitation for Federal-aid

highways, less the aggregate amounts not distributed under

paragraphs (1) and (2), for sections 1301, 1302, and 1934 of

the Safe, Accountable, Flexible, Efficient Transportation Equity

Act: A Legacy for Users; sections 117 (but individually for

each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) and 144(g)

of title 23, United States Code; and section 14501 of title

40, United States Code, so that the amount of obligation

authority available for each of such sections is equal to the

amount determined by multiplying the ratio determined under

paragraph (3) by the sums authorized to be appropriated for

that section for the fiscal year; and

(B) distribute $2,000,000,000 for section 105 of title 23,

United States Code;

(5) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under

paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the

Secretary under the Safe, Accountable, Flexible, Efficient

Transportation Equity Act: A Legacy for Users and title 23,

United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined

under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and

(6) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2405

paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety

construction programs (other than the amounts apportioned

for the equity bonus program, but only to the extent that

the amounts apportioned for the equity bonus program for

the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible,

Efficient Transportation Equity Act: A Legacy for Users and

title 23, United States Code, in the ratio that—

(A) amounts authorized to be appropriated for such

programs that are apportioned to each State for such fiscal

year, bear to

(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States

for such fiscal year.

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation

limitation for Federal-aid highways shall not apply to obligations:

(1) under section 125 of title 23, United States Code; (2) under

section 147 of the Surface Transportation Assistance Act of 1978;

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)

under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; (5) under subsections (b) and (c)

of section 149 of the Surface Transportation and Uniform Relocation

Assistance Act of 1987; (6) under sections 1103 through 1108 of

the Intermodal Surface Transportation Efficiency Act of 1991; (7)

under section 157 of title 23, United States Code, as in effect

on the day before the date of the enactment of the Transportation

Equity Act for the 21st Century; (8) under section 105 of title

23, United States Code, as in effect for fiscal years 1998 through

2004, but only in an amount equal to $639,000,000 for each of

those fiscal years; (9) for Federal-aid highway programs for which

obligation authority was made available under the Transportation

Equity Act for the 21st Century or subsequent public laws for

multiple years or to remain available until used, but only to the

extent that the obligation authority has not lapsed or been used;

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

in an amount equal to $639,000,000 for each of fiscal years 2005

and 2006; and (11) under section 1603 of the Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for Users,

to the extent that funds obligated in accordance with that section

were not subject to a limitation on obligations at the time at

which the funds were initially made available for obligation.

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1

of such fiscal year, revise a distribution of the obligation limitation

made available under subsection (a) if the amount distributed

cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition

to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds

apportioned under sections 104 and 144 of title 23, United States

Code.

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply

to transportation research programs carried out under chapter 5

of title 23, United States Code, and title V (research title) of

Effective date.

119 STAT. 2406 PUBLIC LAW 109–115—NOV. 30, 2005

the Safe, Accountable, Flexible, Efficient Transportation Equity Act:

A Legacy for Users, except that obligation authority made available

for such programs under such limitation shall remain available

for a period of 3 fiscal years and shall be in addition to the

amount of any limitation imposed on obligations for Federal-aid

highway and highway safety construction programs for future fiscal

years.

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date

of the distribution of obligation limitation under subsection

(a), the Secretary shall distribute to the States any funds

that—

(A) are authorized to be appropriated for such fiscal

year for Federal-aid highways programs; and

(B) the Secretary determines will not be allocated to

the States, and will not be available for obligation, in

such fiscal year due to the imposition of any obligation

limitation for such fiscal year.

(2) RATIO.—Funds shall be distributed under paragraph

(1) in the same ratio as the distribution of obligation authority

under subsection (a)(6).

(3) AVAILABILITY.—Funds distributed under paragraph (1)

shall be available for any purposes described in section 133(b)

of title 23, United States Code.

(f) SPECIAL LIMITATION CHARACTERISTICS .—Obligation limitation distributed for a fiscal year under subsection (a)(1) for programs, projects, and activities funded from the takedown authorized

by section 117 of title I of division H of Public Law 108–447

and under subsection (a)(4) for the provision specified in subsection

(a)(4) shall—

(1) remain available until used for obligation of funds for

that provision; and

(2) be in addition to the amount of any limitation imposed

on obligations for Federal-aid highway and highway safety

construction programs for future fiscal years.

(g) HIGH PRIORITY PROJECT FLEXIBILITY.—

(1) IN GENERAL.—Subject to paragraph (2), obligation

authority distributed for such fiscal year under subsection (a)(4)

for each project numbered 1 through 3676 listed in the table

contained in section 1702 of the Safe, Accountable, Flexible,

Efficient Transportation Equity Act: A Legacy for Users may

be obligated for any other project in such section in the same

State.

(2) RESTORATION.— Obligation authority used as described

in paragraph (1) shall be restored to the original purpose on

the date on which obligation authority is distributed under

this section for the next fiscal year following obligation under

paragraph (1).

(h) LIMITATION ON STATUTORY CONSTRUCTION.—N othing in

this section shall be construed to limit the distribution of obligation

authority under subsection (a)(4)(A) for each of the individual

projects numbered greater than 3676 listed in the table contained

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

Transportation Equity Act: A Legacy for Users.

SEC. 111. Notwithstanding 31 U.S.C. 3302, funds received by

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111

Deadline.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2407

may be credited to the Federal-aid highways account for the purpose

of reimbursing the Bureau for such expenses: Provided, That such

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.

SEC. 112. Notwithstanding any other provision of law, whenever

an allocation is made of the sums authorized to be appropriated

for expenditure on the Federal lands highway program, and whenever an apportionment is made of the sums authorized to be appropriated for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway

System, the Interstate maintenance program, the bridge program,

the Appalachian development highway system, and the equity bonus

program, the Secretary of Transportation shall deduct a sum in

such amount not to exceed 2.75 percent of all sums so authorized:

Provided, That of the amount so deducted in accordance with this

section, $600,000,000 shall be made available for surface transportation projects and $25,000,000 shall be made available for highway

priority projects as identified under this section in the statement

of the managers accompanying this Act: Provided further, That

notwithstanding any other provision of law and the preceding

clauses of this provision, the Secretary of Transportation may use

amounts made available by this section to make grants for any

surface transportation project otherwise eligible for funding under

title 23 or title 49, United States Code: Provided further, That

funds made available under this section, at the request of a State,

shall be transferred by the Secretary to another Federal agency:

Provided further, That the Federal share payable on account of

any program, project, or activity carried out with funds made available under this section shall be 100 percent: Provided further,

That the sum deducted in accordance with this section shall remain

available until expended: Provided further, That all funds made

available under this section shall be subject to any limitation on

obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act: Provided

further, That the obligation limitation made available for the programs, projects, and activities for which funds are made available

under this section shall remain available until used and shall

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

SEC. 113. Notwithstanding any other provision of law, projects

and activities described in the statement of managers accompanying

this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal

Transit Administration’’ shall be eligible for fiscal year 2006 funds

made available for the project for which each project or activity

is so designated: Provided, That the Federal share payable on

account of any such projects and activities subject to this section

shall be the same as the share required by the Federal program

under which each project or activity is designated unless otherwise

provided in this Act.

SEC. 114. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.— Subject to subsection (b), the Secretary of Transportation may

expend from any funds appropriated for expenditure in accordance

with title 23, United States Code, for payment of debt service

by the States of Arizona and Nevada on notes issued for the bypass

bridge project at Hoover Dam, pending appropriation or replenishment for that project.

119 STAT. 2408 PUBLIC LAW 109–115—NOV. 30, 2005

(b) REIMBURSEMENT.—Funds expended under subsection (a)

shall be reimbursed from the funds made available to the States

of Arizona and Nevada for payment of debt service on notes issued

for the bypass bridge project at Hoover Dam.

SEC. 115. Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951)

is amended by striking paragraphs (2) and (3) and inserting the

following:

‘‘(2) STATE ACTION.—

‘‘(A) WEIGHT LIMITATIONS.—For the period beginning

on the date of enactment of this subparagraph and ending

on September 30, 2009, a covered State, including any

political subdivision of such State, may not enforce a single

axle weight limitation of less than 24,000 pounds, including

enforcement tolerances, on any vehicle referred to in paragraph (1) in any case in which the vehicle is using the

Interstate System.

‘‘(B) COVERED STATE DEFINED.—In this paragraph, the

term ‘covered State’ means a State that has enforced, in

the period beginning on October 6, 1992, and ending on

the date of enactment of this subparagraph, a single axle

weight limitation of 20,000 pounds or greater but less

than 24,000 pounds, including enforcement tolerances, on

any vehicle referred to in paragraph (1) in any case in

which the vehicle is using the Interstate System.’’.

SEC. 116. Notwithstanding any other provision of law, access

to the I–5 ‘‘Transit Only’’ ramps at NE 163rd in Shoreline, Washington, shall be expanded to include King County Solid Waste

Division transfer vehicles upon the determination of the Federal

Highway Administrator that necessary safety improvements have

been completed.

SEC. 117. DESIGNATION OF MAX M. FISHER MEMORIAL HIGHWAY.

(a) DESIGNATION.—The portion of highway US–24 in the State

of Michigan, beginning at Interstate 96 and extending north to

Interstate 75 at exit 93 west of Clarkston, shall be known and

designated as the ‘‘Max M. Fisher Memorial Highway’’.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the highway portion referred to in subsection (a) shall be deemed to be

a reference to the ‘‘Max M. Fisher Memorial Highway’’.

SEC. 118. Notwithstanding any other provision of law, funds

provided in Public Law 108–7 under the heading ‘‘Federal-aid Highways’’ for intelligent transportation system projects and designated

for Gettysburg Borough Signal Coordination and Upgrade-Signalization; Adams County, Pennsylvania shall be available for Gettysburg

Borough and Surrounding Municipalities Signal Coordination and

Upgrade-Signalization; Adams County, Pennsylvania.

Pennsylvania.

Michigan.

Washington.

Effective date.

Termination

date.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2409

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred for administration of motor

carrier safety operations and programs pursuant to section 31104(i)

of title 49, United States Code, and sections 4127 and 4134 of

Public Law 109–59, $213,000,000, to be derived from the Highway

Trust Fund (other than the Mass Transit Account), together with

advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available

until expended: Provided, That none of the funds derived from

the Highway Trust Fund in this Act shall be available for the

implementation, execution or administration of programs, the

obligations for which are in excess of $213,000,000, for ‘‘Motor

Carrier Safety Operations and Programs’’, of which $10,084,000,

to remain available for obligation until September 30, 2008, is

for the research and technology program and $1,000,000 shall be

available for commercial motor vehicle operator’s grants to carry

out section 4134 of Public Law 109–59: Provided further, That

notwithstanding any other provision of law, none of the funds

under this heading for outreach and education shall be available

for transfer.

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out sections

31102, 31104, 31106, 31107, 31109, 31309, 31313 of title 49, United

States Code, and sections 4126 and 4128 of Public Law 109–59,

$282,000,000, to be derived from the Highway Trust Fund (other

than the Mass Transit Account) and to remain available until

expended: Provided, That none of the funds in this Act shall be

available for the implementation or execution of programs, the

obligations for which are in excess of $282,000,000, for ‘‘Motor

Carrier Safety Grants’’; of which $188,000,000 shall be available

for the motor carrier safety assistance program to carry out sections

31102 and 31104 of title 49, United States Code; $25,000,000 shall

be available for the commercial driver’s license improvements program to carry out section 31313 of title 49, United States Code;

$32,000,000 shall be available for the border enforcement grants

program to carry out section 31107 of title 49, United States Code;

$5,000,000 shall be available for the performance and registration

information system management program to carry out sections

31106 and 31109 of title 49, United States Code; $25,000,000 shall

be available for the commercial vehicle information systems and

networks deployment program to carry out section 4126 of Public

Law 109–59; $2,000,000 shall be available for the safety data

119 STAT. 2410 PUBLIC LAW 109–115—NOV. 30, 2005

improvement program to carry out section 4128 of Public Law

109–59; and $5,000,000 shall be available for the commercial

driver’s license information system modernization program to carry

out section 31309 of title 49, United States Code: Provided further,

That of the funds made available for the motor carrier safety

assistance program, $29,000,000 shall be available for audits of

new entrant motor carriers.

ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 120. Funds appropriated or limited in this Act shall be

subject to the terms and conditions stipulated in section 350 of

Public Law 107–87, including that the Secretary submit a report

to the House and Senate Appropriations Committees annually on

the safety and security of transportation into the United States

by Mexico-domiciled motor carriers.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter

301 of title 49, United States Code, and part C of subtitle VI

of title 49, United States Code, $122,457,000, to be derived from

the sum authorized to be deducted under section 112 of this Act

and transferred to the National Highway Traffic Safety Administration upon enactment of this Act, of which $96,301,000 shall remain

available until September 30, 2006 and $26,156,000 shall remain

available until September 30, 2008: Provided, That such funds

shall be transferred to and administered by the National Highway

Traffic Safety Administration: Provided further, That none of the

funds appropriated by this Act may be obligated or expended to

plan, finalize, or implement any rulemaking to add to section

575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the

three grading standards (treadwear, traction, and temperature

resistance) already in effect: Provided further, That all funds made

available under this heading shall be subject to any limitation

on obligations for Federal-aid highways and highway safety

construction programs set forth in this Act or any other Act: Provided further, That the obligation limitation made available for

the programs, projects, and activities for which funds are made

available under this heading shall remain available as specified

and shall be in addition to the amount of any limitation imposed

on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

Applicability.

Reports.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2411

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended,

$110,000,000, to be derived from the Highway Trust Fund: Provided,

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

planning or execution of programs the total obligations for which,

in fiscal year 2006, are in excess of $110,000,000 for programs

authorized under 23 U.S.C. 403.

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out chapter

303 of title 49, United States Code, $4,000,000, to be derived from

the Highway Trust Fund and remain available until September

30, 2007: Provided, That none of the funds in this Act shall be

available for the implementation or execution of programs the

obligations for which are in excess of $4,000,000 for the National

Driver Register authorized under chapter 303 of title 49, United

States Code.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain

available until expended, $578,176,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided,

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

planning or execution of programs the total obligations for which,

in fiscal year 2006, are in excess of $578,176,000 for programs

authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which

$217,000,000 shall be for ‘‘Highway Safety Programs’’ under 23

U.S.C. 402, $25,000,000 shall be for ‘‘Occupant Protection Incentive

Grants’’ under 23 U.S.C. 405, $124,500,000 shall be for ‘‘Safety

Belt Performance Grants’’ under 23 U.S.C. 406, $34,500,000 shall

be for ‘‘State Traffic Safety Information System Improvements’’

under 23 U.S.C. 408, $120,000,000 shall be for ‘‘Alcohol-Impaired

Driving Countermeasures Incentive Grant Program’’ under 23

U.S.C. 410, $16,176,000 shall be for ‘‘Administrative Expenses’’

under section 2001(a)(11) of Public Law 109–59, $29,000,000 shall

119 STAT. 2412 PUBLIC LAW 109–115—NOV. 30, 2005

be for ‘‘High Visibility Enforcement Program’’ under section 2009

of Public Law 109–59, $6,000,000 shall be for ‘‘Motorcyclist Safety’’

under section 2010 of Public Law 109–59, and $6,000,000 shall

be for ‘‘Child Safety and Child Booster Seat Safety Incentive Grants’’

under section 2011 of Public Law 109–59: Provided further, That

none of these funds shall be used for construction, rehabilitation,

or remodeling costs, or for office furnishings and fixtures for State,

local or private buildings or structures: Provided further, That

not to exceed $500,000 of the funds made available for section

410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be

available for technical assistance to the States: Provided further,

That not to exceed $750,000 of the funds made available for the

‘‘High Visibility Enforcement Program’’ shall be available for the

evaluation required under section 2009(f) of Public Law 109–59.

ADMINISTRATIVE PROVISION—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 125. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of

title 23, United States Code, an additional $130,000 shall be made

available to the National Highway Traffic Safety Administration,

out of the amount limited for section 402 of title 23, United States

Code, to pay for travel and related expenses for State management

reviews and to pay for core competency development training and

related expenses for highway safety staff.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $145,949,000, of which $13,856,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, $55,075,000, to remain available until expended, of which

$6,500,000 shall be available for positive train control projects

and $7,190,000 shall be available for grants for rail corridor planning, development and improvement and Federal share payable

under such grants shall be 50 percent.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94–210), as amended, in such amounts

and at such times as may be necessary to pay any amounts required

pursuant to the guarantee of the principal amount of obligations

under sections 511 through 513 of such Act, such authority to

exist as long as any such guaranteed obligation is outstanding:

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

no new direct loans or loan guarantee commitments shall be made

using Federal funds for the credit risk premium during fiscal year

2006.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2413

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to the Alaska Railroad, $10,000,000, for capital rehabilitation and

improvements benefiting its passenger operations, to remain available until expended.

OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly

grants to the National Railroad Passenger Corporation for operation

of intercity passenger rail, $495,000,000, to remain available until

expended: Provided, That the Secretary of Transportation shall

approve funding to cover operating losses for the National Railroad

Passenger Corporation only after receiving and reviewing a grant

request for each specific train route: Provided further, That each

such grant request shall be accompanied by a detailed financial

analysis, revenue projection, and capital expenditure projection

justifying the Federal support to the Secretary’s satisfaction: Provided further, That the Secretary of Transportation shall reserve $60,000,000 of the funds provided under this heading and is authorized to transfer such sums to the Surface Transportation Board,

upon request from said Board, to carry out directed service orders

issued pursuant to section 11123 of title 49, United States Code,

to respond to the cessation of commuter rail operations by the

National Railroad Passenger Corporation: Provided further, That

the Secretary of Transportation shall make the reserved funds

available to the National Railroad Passenger Corporation through

an appropriate grant instrument not earlier than September 1,

2006 to the extent that no directed service orders have been issued

by the Surface Transportation Board as of the date of transfer

or there is a balance of reserved funds not needed by the Board

to pay for any directed service order issued through September

30, 2006: Provided further, That the Corporation is directed to

achieve savings through operating efficiencies including, but not

limited to, modifications to food and beverage service and first

class service: Provided further, That the Inspector General of the

Department of Transportation shall report to the House and Senate

Committees on Appropriations beginning on January 3, 2006 and

quarterly thereafter with estimates of the savings accrued as a

result of all operational reforms instituted by the National Railroad

Passenger Corporation: Provided further, That if the Inspector General cannot certify that the Corporation has achieved operational

savings by July 1, 2006, none of the funds in this Act may be

used after July 1, 2006, to subsidize the net losses of food and

beverage service and sleeper car service on any Amtrak route:

Provided further, That of the funds provided under this section, not less than $5,000,000 shall be expended for the development

and implementation of a managerial cost accounting system, which

includes average and marginal unit cost capability: Provided further, That within 30 days of development of the managerial cost

accounting system, the Department of Transportation Inspector

General shall review and comment to the Secretary of Transportation and the House and Senate Committees on Appropriations

upon the strengths and weaknesses of the system and how it

best can be implemented to improve decision making by the Board

of Directors and management of the Corporation: Provided further, Deadline.

Deadline.

Reports.

Deadlines.

119 STAT. 2414 PUBLIC LAW 109–115—NOV. 30, 2005

That not later than 60 days after enactment of this Act, Amtrak

shall transmit, in electronic format, to the Secretary of Transportation, the House and Senate Committees on Appropriations, the

House Committee on Transportation and Infrastructure and the

Senate Committee on Commerce, Science, and Transportation a

comprehensive business plan approved by the Board of Directors

for fiscal year 2006 under section 24104(a) of title 49, United

States Code: Provided further, That the business plan shall include,

as applicable, targets for ridership, revenues, and capital and operating expenses: Provided further, That the plan shall also include

a separate accounting of such targets for the Northeast Corridor;

commuter service; long-distance Amtrak service; State-supported

service; each intercity train route, including Autotrain; and commercial activities including contract operations: Provided further, That

the business plan shall include a description of the work to be

funded, along with cost estimates and an estimated timetable for

completion of the projects covered by this business plan: Provided

further, That the Corporation shall continue to provide monthly

reports in electronic format regarding the pending business plan,

which shall describe the work completed to date, any changes

to the business plan, and the reasons for such changes, and shall

identify all sole source contract awards which shall be accompanied

by a justification as to why said contract was awarded on a sole

source basis: Provided further, That none of the funds in this

Act may be used for operating expenses, including advance purchase

orders, not approved by the Secretary of Transportation or on

the National Railroad Passenger Corporation’s fiscal year 2006

business plan: Provided further, That Amtrak shall display the

business plan and all subsequent supplemental plans on the Corporation’s website within a reasonable timeframe following their

submission to the appropriate entities: Provided further, That none

of the funds under this heading may be obligated or expended

until the National Railroad Passenger Corporation agrees to continue abiding by the provisions of paragraphs 1, 2, 3, 5, 9, and

11 of the summary of conditions for the direct loan agreement

of June 28, 2002, in the same manner as in effect on the date

of enactment of this Act: Provided further, That none of the funds

provided in this Act may be used after March 1, 2006, to support

any route on which Amtrak offers a discounted fare of more than

50 percent off the normal, peak fare.

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly

grants to the National Railroad Passenger Corporation for the

maintenance and repair of capital infrastructure owned by the

National Railroad Passenger Corporation, including railroad equipment, rolling stock, legal mandates and other services,

$780,000,000, to remain available until expended, of which not

to exceed $280,000,000 shall be for debt service obligations: Provided, That the Secretary of Transportation shall approve funding

for capital expenditures, including advance purchase orders, for

the National Railroad Passenger Corporation only after receiving

and reviewing a grant request for each specific capital grant justifying the Federal support to the Secretary’s satisfaction: Provided

further, That none of the funds under this heading may be used

to subsidize operating losses of the National Railroad Passenger

Internet.

Public

information.

Reports.

Contracts.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2415

Corporation: Provided further, That none of the funds under this

heading may be used for capital projects not approved by the

Secretary of Transportation or on the National Railroad Passenger

Corporation’s fiscal year 2006 business plan: Provided further, That

the Secretary shall determine the cost to the Corporation for the

annual Northeast Corridor capital and maintenance costs attributable to commuter rail operations over said Corridor: Provided

further, That these costs shall be calculated by the Secretary based

on the train mile usage of each commuter rail authority as a

percentage of the total number of annual train miles used by

all users of the Northeast Corridor or by whatever measure the

Secretary believes to be most appropriate: Provided further, That,

notwithstanding any other provision of law, the Secretary shall

assess fees to each commuter rail authority for any direct capital

or maintenance costs associated with that rail authority’s usage

of the corridor: Provided further, That such assessments shall

account fully for whatever direct annual contributions are already

being made by each commuter authority for such Northeast Corridor

capital and maintenance expenses in that fiscal year: Provided

further, That the revenues from such fees shall be merged with

this appropriation and be available for obligation and expenditure

consistent with the terms and conditions of this paragraph: Provided

further, That the Secretary shall transmit to Congress a monthly

accounting of charges levied in accordance with the preceding proviso.

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

For an additional amount to be made available to the Secretary

for efficiency incentive grants to the National Railroad Passenger

Corporation, $40,000,000, to remain available until expended: Provided, That the Secretary may make grants to the National Railroad

Passenger Corporation for an additional sum for operating subsidies

at any time during the fiscal year for the purpose of maintaining

the operation of existing Amtrak routes: Provided further, That

nothing in the previous proviso should be interpreted either to

encourage or discourage the Corporation with respect to adjusting

existing routes or frequencies: Provided further, That the Secretary

may make grants for operating subsidies at any time during the

fiscal year in order to avert the Corporation’s entry into bankruptcy

proceedings: Provided further, That prior to awarding additional

operating grants for the purpose of the preceding proviso, the Secretary and the Inspector General of the Department of Transportation shall certify to the Committees on Appropriations of the

House of Representatives and the Senate that such grants are

necessary to prevent the Corporation from entering bankruptcy:

Provided further, That if the Secretary and the Inspector General

deem that sufficient operating funds are available to continue operations through the end of fiscal year 2006, then, as of September

1, 2006, the Secretary may make grants to the National Railroad

Passenger Corporation at such times and in such amounts for

capital improvements that have a direct and measurable shortterm impact on reducing operating losses of the National Railroad

Passenger Corporation.

Certification.

Records.

Fees.

119 STAT. 2416 PUBLIC LAW 109–115—NOV. 30, 2005

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 130. The Secretary may purchase promotional items of

nominal value for use in public outreach activities to accomplish

the purposes of 49 U.S.C. 20134: Provided, That the Secretary

shall prescribe guidelines for the administration of such purchases

and use.

SEC. 131. Notwithstanding any other provision of law, from

funds made available to the Federal Railroad Administration under

the heading ‘‘Next Generation High-Speed Rail’’ in the Consolidated

Appropriations Act of 2005 (Public Law 108–447), the Secretary

of Transportation shall award a grant in the amount of $500,000

to the Maine Department of Transportation for Safety and Mitigation Rail Relocation in Auburn, Maine.

SEC. 132. Notwithstanding any other provision of law, funds

made available to the Federal Railroad Administration for the

Illinois statewide highway-rail crossing safety program on page

1420 of the Joint Explanatory Statement of the Committee of Conference for Public Law 108–447 (House Report 108–792) shall be

made available to the Illinois Commerce Commission for the Public

Education and Enforcement Research (PEERS) program to improve

rail-grade crossing safety through education and enforcement initiatives.

SEC. 133. Notwithstanding any existing Federal legislation,

from funds available to the Federal Railroad Administration under

the heading of ‘‘Next Generation High-Speed Rail’’ in the Consolidated Appropriations Act of 2004, Public Law 108–199; the Secretary of Transportation may award a grant of $1,000,000 to the

New Orleans Regional Planning Commission, New Orleans, Louisiana for site planning and an update of the Master Plan for

the Union Passenger Terminal, located at New Orleans, Louisiana.

SEC. 134. Notwithstanding any other provision of law, funds

made available to the Federal Railroad Administration for the Spokane Region High Speed Rail Corridor Study on page 1420 of

the Joint Explanatory Statement of the Committee of Conference

for Public Law 108–447 (House Report 108–792) shall be made

available to the Washington State Department of Transportation

for grade crossing and related improvements under the Bridging

the Valley project between Spokane County, Washington and

Kootenai County, Idaho.

SEC. 135. Of the $40,000,000 provided under the heading ‘‘Efficiency Incentive Grants to the National Railroad Passenger Corporation’’, and notwithstanding limitation language contained

therein, $8,300,000 shall be made available immediately upon enactment of this Act only for a revenue service demonstration of not

less than 5,500 carload shipments of premium temperature-controlled express.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration’s programs authorized by chapter 53 of title 49,

United States Code, $80,000,000: Provided, That of the funds available under this heading, not to exceed $925,000 shall be available

for the Office of the Administrator; not to exceed $7,325,000 shall

be available for the Office of Administration; not to exceed

Washington.

Illinois.

Grants.

Maine.

Guidelines.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2417

$4,058,200 shall be available for the Office of the Chief Counsel;

not to exceed $1,359,300 shall be available for the Office of Communication and Congressional Affairs; not to exceed $7,985,900 shall

be available for the Office of Program Management; not to exceed

$8,732,500 shall be available for the Office of Budget and Policy;

not to exceed $4,763,900 shall be available for the Office of Demonstration and Innovation; not to exceed $3,153,100 shall be available for the Office of Civil Rights; not to exceed $4,127,300 shall

be available for the Office of Planning; not to exceed $20,754,000

shall be available for regional offices; and not to exceed $16,815,800

shall be available for the central account: Provided further, That

the Administrator is authorized to transfer funds appropriated for

an office of the Federal Transit Administration: Provided further,

That no appropriation for an office shall be increased or decreased

by more than a total of 5 percent during the fiscal year by all

such transfers: Provided further, That any change in funding greater

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

Senate Committees on Appropriations: Provided further, That any

funding transferred from the central account shall be submitted

for approval to the House and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited

in this Act may be used to create a permanent office of transit

security under this heading: Provided further, That of the funds

in this Act available for the execution of contracts under section

5327(c) of title 49, United States Code, $2,000,000 shall be

reimbursed to the Department of Transportation’s Office of

Inspector General for costs associated with audits and investigations

of transit-related issues, including reviews of new fixed guideway

systems: Provided further, That upon submission to the Congress

of the fiscal year 2007 President’s budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts,

including proposed allocations of funds for fiscal year 2007.

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY)

(LIMITATION ON OBLIGATIONS)

(INCLUDING TRANSFER OF FUNDS)

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320,

5335, 5339, and 5340 and section 3038 of Public Law 105–178,

as amended, $1,500,000,000, to be derived from the Mass Transit

Account of the Highway Trust Fund and to remain available until

expended: Provided, That funds available for the implementation

or execution of programs authorized under 49 U.S.C. 5305, 5307,

5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339, and 5340 and

section 3038 of Public Law 105–178, as amended, shall not exceed

total obligations of $6,979,931,000 in fiscal year 2006: Provided

further, That of the funds made available to carry out capital

projects to modernize fixed guideway systems authorized under

49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the Capital

Investment Grants account and made available to carry out new

fixed guideway capital projects identified in this Act and in accordance with the applicable provisions of 49 U.S.C. 5309: Provided

further, That except as provided in section 3044(b)(1) of Public

Reports.

119 STAT. 2418 PUBLIC LAW 109–115—NOV. 30, 2005

Law 109–59, funds made available to carry out 49 U.S.C. 5308

shall instead be available to carry out 49 U.S.C. 5309(b)(3).

RESEARCH AND UNIVERSITY RESEARCH CENTERS

For necessary expenses to carry out 49 U.S.C. 5306, 5312– 5315, 5322, and 5506, $75,200,000, to remain available until

expended: Provided, That $9,000,000 is available to carry out the

transit cooperative research program under section 5313 of title

49, United States Code, $4,300,000 is available for the National

Transit Institute under section 5315 of title 49, United States

Code, $7,000,000 is available for university transportation centers

program under section 5506 of title 49, United States Code: Provided further, That $54,200,000 is available to carry out national

research programs under sections 5312, 5313, 5314, and 5322 of

title 49, United States Code.

CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out section 5309 of title 49,

United States Code, $1,455,234,000, to remain available until

expended as follows:

ACE Gap Closure San Joaquin County, California,

$5,000,000.

Alaska and Hawaii ferry projects, $15,000,000.

Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.

Atlanta Beltline/C-Loop, Georgia, $1,000,000.

Baltimore Central Light Rail Double Track Project, Maryland, $12,420,000.

Baltimore Red Line and Green Line, Maryland, $2,000,000.

Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.

Central Corridor/St. Paul—Minneapolis, Minnesota,

$2,000,000.

Central Florida Commuter Rail, $11,000,000.

Central Phoenix/East Valley LRT, Arizona, $90,000,000.

Charlotte South Corridor Light Rail Project, North Carolina, $55,000,000.

City of Miami Streetcar, Florida, $2,000,000.

City of Rock Hill Trolley Study, South Carolina, $400,000.

Commuter Rail, Albuquerque to Santa Fe, New Mexico,

$500,000.

Commuter Rail, Utah, $9,000,000.

CORRIDORone Regional Rail Project, Pennsylvania,

$1,500,000.

CTA Douglas Blue Line, Illinois, $45,150,000.

CTA Ravenswood Brown Line, Illinois, $40,000,000.

CTA Yellow Line, Illinois, $1,000,000.

Dallas Northwest/Southeast Light Rail MOS, Texas,

$12,000,000.

Denali Commission, Alaska, $5,000,000.

Detroit Center City Loop, Michigan, $4,000,000.

Dulles Corridor Rapid Transit Project, Virginia,

$26,000,000.

East Corridor Commuter Rail, Nashville, Tennessee,

$6,000,000.

East Side Access Project, New York, $340,000,000.

Euclid Corridor Transportation Project, Ohio, $24,774,513.

Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2419

Gainesville-Haymarket VRE Service Extension, Virginia, $1,450,000.

Hartford-New Britain Busway, Connecticut, $6,000,000.

Houston METRO, Texas, $12,000,000.

Hudson-Bergen Light Rail MOS 2, New Jersey,

$100,000,000.

Kansas City, Missouri, Southtown BRT, $12,300,000.

Metra, Illinois, $42,180,000.

Metro Gold Line Eastside Light Rail Extension, California,

$80,000,000.

Miami Dade County Metrorail Extension, Florida,

$10,000,000.

Mid-Coast Light Rail Transit Extension, California,

$7,160,000.

Mid-Jordan Light Rail Transit Line, Utah, $500,000.

Mission Valley East, California, $7,700,000.

N. Indiana Commuter Transit District Recapitalization,

$5,000,000.

New Jersey Trans-Hudson Midtown Corridor, New Jersey,

$12,315,000.;

North Corridor Interstate MAX Light Rail Project, Oregon,

$18,110,000.

North Shore Connector, Pennsylvania, $55,000,000.

North Shore Corridor and Blue Line Extension, Massachusetts, $2,000,000.

Northeast Corridor Commuter Rail Project, Delaware,

$1,425,000.

Northern Branch Bergen County, New Jersey, $2,500,000.

Northstar Corridor Commuter Rail Project, Minnesota,

$2,000,000.

Northwest New Jersey—Northeast Pennsylvania Passenger

Rail, $10,000,000.

Oceanside Escondido Rail Project, California, $12,210,000.

Odgen Avenue Transit Corridor/Circle Line, Illinois,

$1,000,000.

Regional Fixed Guideway Project, Nevada, $3,000,000.

Rhode Island Integrated Commuter Rail Project, Rhode

Island, $6,000,000.

San Francisco BART Extension to San Francisco International Airport, California, $81,860,000.

San Francisco Muni Third Street Light Rail Project, California, $25,000,000.

San Juan Tren Urbano, Puerto Rico, $8,045,487.

Santa Barbara Coast Rail Track Improvement Project, California, $1,000,000.

Schuylkill Valley Metro, Pennsylvania, $4,000,000.

Seattle Sound Transit, Washington, $80,000,000.

Second Avenue Subway, New York, $25,000,000.

Silicon Valley Rapid Transit Corridor Project, Santa Clara

County, California, $6,500,000.

Silver Line Phase III, Massachusetts, $4,000,000.

Sounder Commuter Rail, Washington, $5,000,000.

Southeast Corridor Multi-Modal Project (T-REX), Colorado,

$80,000,000.

Stamford Urban Transitway, Connecticut, $10,000,000.

Triangle Transit Authority Regional Rail System (RaleighDurham), North Carolina, $20,000,000.

119 STAT. 2420 PUBLIC LAW 109–115—NOV. 30, 2005

Washington County Commuter Rail Project, Oregon,

$15,000,000.

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

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 140. The limitations on obligations for the programs of

the Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation,

or to any other authority previously made available for obligation.

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

except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital

investment grants’’ for projects specified in this Act or identified

in reports accompanying this Act not obligated by September 30,

2008, and other recoveries, shall be made available for other projects

under 49 U.S.C. 5309.

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

funds appropriated before October 1, 2005, under any section of

chapter 53 of title 49, United States Code, that remain available

for expenditure may be transferred to and administered under

the most recent appropriation heading for any such section.

SEC. 143. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems

projects under the heading ‘‘Federal Transit Administration, Capital

Investment Grants’’ in any appropriations Act prior to this Act

may be used during this fiscal year to satisfy expenses incurred

for such projects.

SEC. 144. Funds made available for Alaska or Hawaii ferry

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)

may be used to construct new vessels and facilities, or to improve

existing vessels and facilities, including both the passenger and

vehicle-related elements of such vessels and facilities, and for repair

facilities: Provided, That not more than $3,000,000 of the funds

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

by the State of Hawaii to initiate and operate a passenger ferryboat

services demonstration project to test the viability of different intraisland and inter-island ferry boat routes and technology: Provided

further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made

available for Alaska or Hawaii ferry boats may be used to acquire

passenger ferry boats and to provide passenger ferry transportation

services within areas of the State of Hawaii under the control

or use of the National Park Service.

SEC. 145. Amounts made available from the bus category of

the Capital Investment Grants Account or Discretionary Grants

Account in this or any other previous Appropriations Act that

remain unobligated or unexpended in a grant for a multimodal

transportation facility in Burlington, Vermont, may be used for

site-preparation and design purposes of a multimodal transportation

facility in a different location within Burlington, Vermont, than

originally intended notwithstanding previous expenditures incurred

such purposes at the original location.

SEC. 146. Notwithstanding any other provision of law, funds

designated in the conference report accompanying Public Law 108–

447 and Public Law 108–199 for the King County Metro Park

and Ride on First Hill, Seattle, Washington, shall be available

Washington.

49 USC 5338

note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2421

to the Swedish Hospital parking garage, Seattle, Washington, subject to the same conditions and requirements of section 125 of

division H of Public Law 108–447.

SEC. 147. Funds in this Act that are apportioned to the

Charleston Area Regional Transportation Authority to carry out

section 5307 of title 49, United States Code, may be used to acquire

land, equipment, or facilities used in public transportation from

another governmental authority in the same geographic area: Provided, That the non-Federal share under section 5307 may include

revenues from the sale of advertising and concessions.

SEC. 148. Notwithstanding any other provision of law, any

unobligated funds designated to the Jacksonville Transportation

Authority, Community Transportation Coordinator Program under

the heading ‘‘Job Access and Reverse Commute Grants’’ in the

statement of the managers accompanying Public Law 108–199 may

be made available to the Jacksonville Transportation Authority

for any purpose authorized under the Job Access and Reverse

Commute program.

SEC. 149. Notwithstanding any other provision of law, any

funds made available to the South Shore Commuter Rail, Indiana,

project under the Federal Transit Administration Capital Investment Grants Account in division H of Public Law 108–447 that

remain available may be used for remodernization of the South

Shore Commuter Rail system.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is

hereby authorized to make such expenditures, within the limits

of funds and borrowing authority available to the Corporation,

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out the programs set

forth in the Corporation’s budget for the current fiscal year.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation,

$16,284,000, to be derived from the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662.

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag

merchant fleet to serve the national security needs of the United

States, $156,000,000, to remain available until expended.

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities

authorized by law, $122,249,000 of which $23,750,000 shall remain

available until September 30, 2006, for salaries and benefits of

119 STAT. 2422 PUBLIC LAW 109–115—NOV. 30, 2005

employees of the United States Merchant Marine Academy; of which

$15,000,000 shall remain available until expended for capital

improvements at the United States Merchant Marine Academy;

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

for the State Maritime Schools Schoolship Maintenance and Repair.

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $21,000,000, to remain available until expended.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan

program, not to exceed $4,126,000, which shall be transferred to

and merged with the appropriation for Operations and Training.

SHIP CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading,

$2,071,280 are rescinded.

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 150. Notwithstanding any other provision of this Act,

the Maritime Administration is authorized to furnish utilities and

services and make necessary repairs in connection with any lease,

contract, or occupancy involving Government property under control

of the Maritime Administration, and payments received therefore

shall be credited to the appropriation charged with the cost thereof:

Provided, That rental payments under any such lease, contract,

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

shall be covered into the Treasury as miscellaneous receipts.

SEC. 151. No obligations shall be incurred during the current

fiscal year from the construction fund established by the Merchant

Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise,

in excess of the appropriations and limitations contained in this

Act or in any prior appropriations Act.

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Pipeline and Hazardous Materials Safety Administration, $16,877,000, of which

$645,000 shall be derived from the Pipeline Safety Fund.

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials

safety functions of the Pipeline and Hazardous Materials Safety

Administration, $26,138,000, of which $1,847,000 shall remain

available until September 30, 2008: Provided, That up to $1,200,000

in fees collected under 49 U.S.C. 5108(g) shall be deposited in

the general fund of the Treasury as offsetting receipts: Provided

Contracts.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2423

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

available until expended, funds received from States, counties,

municipalities, other public authorities, and private sources for

expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline

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

program, as authorized by 49 U.S.C. 60107, and to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

$73,010,000, of which $15,000,000 shall be derived from the Oil

Spill Liability Trust Fund and shall remain available until September 30, 2008; of which $58,010,000 shall be derived from the

Pipeline Safety Fund, of which $24,000,000 shall remain available

until September 30, 2008: Provided, That not less than $1,000,000

of the funds provided under this heading shall be for the onecall State grant program.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 2007: Provided, That not more than

$14,300,000 shall be made available for obligation in fiscal year

2006 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That none of the funds made available by 49

U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for

obligation by individuals other than the Secretary of Transportation,

or his designee.

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

For necessary expenses of the Research and Innovative Technology Administration, $5,774,000, of which $1,121,000 shall remain

available until September 30, 2008: Provided, That there may be

credited to this appropriation, to be available until expended, funds

received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978,

as amended, $62,499,000: Provided, That the Inspector General

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.

3), to investigate allegations of fraud, including false statements

119 STAT. 2424 PUBLIC LAW 109–115—NOV. 30, 2005

to the government (18 U.S.C. 1001), by any person or entity that

is subject to regulation by the Department: Provided further, That

the funds made available under this heading shall be used to

investigate, pursuant to section 41712 of title 49, United States

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;

and (2) the compliance of domestic and foreign air carriers with

respect to item (1) of this proviso.

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $26,450,000: Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the

Surface Transportation Board shall be credited to this appropriation

as offsetting collections and used for necessary and authorized

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

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during

fiscal year 2006, to result in a final appropriation from the general

fund estimated at no more than $25,200,000.

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF TRANSPORTATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 160. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for

maintenance and operation of aircraft; hire of passenger motor

vehicles and aircraft; purchase of liability insurance for motor

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law

(5 U.S.C. 5901–5902).

SEC. 161. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized

by 5 U.S.C. 3109, but at rates for individuals not to exceed the

per diem rate equivalent to the rate for an Executive Level IV.

SEC. 162. None of the funds in this Act shall be available

for salaries and expenses of more than 108 political and Presidential

appointees in the Department of Transportation: Provided, That

none of the personnel covered by this provision may be assigned

on temporary detail outside the Department of Transportation.

SEC. 163. None of the funds in this Act shall be used to

implement section 404 of title 23, United States Code.

SEC. 164. (a) No recipient of funds made available in this

Act shall disseminate personal information (as defined in 18 U.S.C.

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),

except as provided in 18 U.S.C. 2721 for a use permitted under

18 U.S.C. 2721.

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in

noncompliance with this provision.

SEC. 165. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad

Air carriers.

Ticket agents.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2425

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit

Administration’s ‘‘Transit Planning and Research’’ account, and to

the Federal Railroad Administration’s ‘‘Safety and Operations’’

account, except for State rail safety inspectors participating in

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

SEC. 166. Notwithstanding any other provisions of law, rule

or regulation, the Secretary of Transportation is authorized to allow

the issuer of any preferred stock heretofore sold to the Department

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.

SEC. 167. None of the funds in this Act to the Department

of Transportation may be used to make a grant unless the Secretary

of Transportation notifies the House and Senate Committees on

Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the

Federal Aviation Administration; or (3) any program of the Federal

Transit Administration other than the formula grants and fixed

guideway modernization programs: Provided, That no notification

shall involve funds that are not available for obligation.

SEC. 168. Rebates, refunds, incentive payments, minor fees

and other funds received by the Department of Transportation

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be

credited to appropriations of the Department of Transportation

and allocated to elements of the Department of Transportation

using fair and equitable criteria and such funds shall be available

until expended.

SEC. 169. Amounts made available in this or any other Act

that the Secretary determines represent improper payments by

the Department of Transportation to a third party contractor under

a financial assistance award, which are recovered pursuant to law,

shall be available—

(1) to reimburse the actual expenses incurred by the

Department of Transportation in recovering improper payments; and

(2) to pay contractors for services provided in recovering

improper payments: Provided, That amounts in excess of that

required for paragraphs (1) and (2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and

shall be available for the purposes and period for which

such appropriations are available; or

(B) if no such appropriation remains available, shall

be deposited in the Treasury as miscellaneous receipts:

Provided, That prior to the transfer of any such recovery

to an appropriations account, the Secretary shall notify

the House and Senate Committees on Appropriations of

the amount and reasons for such transfer: Provided further,

Notification.

Notification.

Deadline.

119 STAT. 2426 PUBLIC LAW 109–115—NOV. 30, 2005

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section

2(d)(2) of Public Law 107–300.

SEC. 170. The Secretary of Transportation is authorized to

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’

to ‘‘Minority Business Outreach’’.

SEC. 171. None of the funds made available in this Act to

the Department of Transportation may be obligated for the Office

of the Secretary of Transportation to approve assessments or

reimbursable agreements pertaining to funds appropriated to the

modal administrations in this Act, except for activities underway

on the date of enactment of this Act, unless such assessments

or agreements have completed the normal reprogramming process

for Congressional notification.

SEC. 172. None of the funds made available under this Act

may be obligated or expended to establish or implement a pilot

program under which not more than 10 designated essential air

service communities located in proximity to hub airports are

required to assume 10 percent of their essential air subsidy costs

for a 4-year period commonly referred to as the EAS local participation program.

SEC. 173. (a) Section 14710(a) of title 49, United States Code,

is amended—

(1) by striking ‘‘a State authority may’’ and inserting ‘‘a

State authority other than the attorney general of the state

may, as parens patriae,’’; and

(2) by inserting the following after the first sentence:

‘‘Any civil action for injunctive relief to enjoin such delivery or

transportation or to compel a person to pay a fine or penalty

assessed under chapter 149 shall be brought in an appropriate

district court of the United States.’’.

(b) Section 14710(b) of title 49, United States Code, is amended

to read as follows:

‘‘(b) EXERCISE OF ENFORCEMENT AUTHORITY.—The authority

of this section shall be exercised subject to the requirements of

sections 14711(b)–(f) of this title.’’.

(c) Section 14711(b)(1) of title 49, United States Code, is

amended by inserting the following at the end:

‘‘The State may initiate a civil action under subsection (a) if it

is reviewable under subsection (b)(2).’’.

(d) Section 14711(b)(4) of title 49, United States Code, is

amended by inserting ‘‘that is subject to review under subsection

(b)(2)’’ before ‘‘if the Secretary’’.

(e) The amendments made by this section shall cease to be

in effect after September 30, 2006.

SEC. 174. Section 112(b)(2) of title 23, United States Code,

is amended—

(1) in subparagraph (A), by striking ‘‘title 40’’ and all that

follows through the period and inserting ‘‘title 40.’’;

(2) by striking subparagraph (B);

(3) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively;

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

(3)), in the first sentence, by striking ‘‘subparagraph (E)’’ and

inserting ‘‘subparagraph (D)’’; and

Termination

date.

49 USC 14710

note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2427

(5) in subparagraph (F) (as redesignated by paragraph

(3)), by striking ‘‘State Option’’ and all that follows through

the period and inserting ‘‘(F) Subparagraphs (B), (C), (D) and

(E) herein shall not apply to the States of West Virginia or

Minnesota.’’.

SEC. 175. Notwithstanding any provision of law, the Secretary

of Transportation is authorized and directed to make project grants

under chapter 471 of title 49, United States Code, from funds

available for fiscal year 2006 and thereafter under 49 U.S.C. 48103,

for the cost of acquisition of land, or reimbursement of the cost

of land if purchased prior to enactment of this provision and prior

to a grant agreement, for non-exclusive use aeronautical purposes

on an airport layout plan that has been approved by the Secretary

on January 23, 2004, pursuant to section 49 U.S.C. 47107(a)(16),

for any small hub airport as defined in 49 U.S.C. 47102, and

had scheduled or chartered direct international flights totaling at

least 200 million pounds gross aircraft landed weight for calendar

year 2002.

SEC. 176. (a) Section 47108 of title 49, United States Code,

is amended in subsection (e) by adding the following new paragraph

at the end:

‘‘(3) CHANGES TO NONHUB PRIMARY STATUS.—If the status

of a nonhub primary airport changes to a small hub primary

airport at a time when the airport has received discretionary

funds under this chapter for a terminal development project

in accordance with section 47110(d)(2), and the project is not

yet completed, the project shall remain eligible for funding

from the discretionary fund and the small airport fund to

pay costs allowable under section 47110(d). Such project shall

remain eligible for such funds for three fiscal years after the

start of construction of the project, or if the Secretary determines that a further extension of eligibility is justified, until

the project is completed.’’.

(b) CONFORMING AMENDMENT.—Section 47110(d)(2)(A) is

amended by striking ‘‘(A) the’’ and inserting ‘‘(A) except as provided

in section 47108(e)(3), the’’.

SEC. 177. Section 40128(e) of title 49, United States Code,

is amended by adding at the end the following: ‘‘For purposes

of this subsection, an air tour operator flying over the Hoover

Dam in the Lake Mead National Recreation Area en route to

the Grand Canyon National Park shall be deemed to be flying

solely as a transportation route.’’. Nothing in this provision shall

allow exemption from overflight rules for the Grand Canyon.

SEC. 178. Section 145(c) of the Aviation and Transportation

Security Act (49 U.S.C. 40101 note) is amended by striking

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

SEC. 179. (a)(1) This section shall apply to a former employee

of the Federal Aviation Administration, who—

(A) was involuntarily separated as a result of the reorganization of the Flight Services Unit following the outsourcing

of flight service duties to a contractor;

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

annuity under a Federal retirement system; and

(C) assuming continued Federal employment, would attain

eligibility for an immediate annuity under section 8336(d) or

8414(b) of title 5, United States Code, not later than October

4, 2007.

Applicability.

49 USC 40128

note.

49 USC 47110.

119 STAT. 2428 PUBLIC LAW 109–115—NOV. 30, 2005

(2) Notwithstanding any other provision of law, during the

period beginning on the date of enactment of this Act and ending

October 4, 2007, an employee described under paragraph (1) may,

with the approval of the Administrator of the Federal Aviation

Administration or the designee of the Administrator, accept an

assignment to such contractor within 14 days after the date of

enactment of this section.

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

under paragraph (1)—

(A) shall be a temporary Federal employee for the duration

of the assignment;

(B) notwithstanding such temporary status, shall retain

previous enrollment or participation in Federal employee benefits programs under chapters 83, 84, 87, and 89 of title 5,

United States Code; and

(C) shall be considered to have not had a break in service

for purposes of chapters 83, 84, and sections 8706(b) and 8905(b)

of title 5, United States Code, except no service credit or benefits shall be extended retroactively.

(4) An assignment and temporary appointment under this section shall terminate on the earlier of—

(A) October 4, 2007; or

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

for an immediate annuity under section 8336(d) or 8414(b)

of title 5, United States Code.

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

Federal Aviation Administration to pay the salary and benefits

of an employee assigned under this section, but no funds are authorized to reimburse the employing contractor for the salary and

benefits of an employee so assigned.

(b) An employee who was involuntarily separated as a result

of the reorganization of the Flight Services Unit following the

outsourcing of flight service duties to a contractor, and was eligible

to use annual leave under the conditions of section 6302(g) of

title 5, United States Code, may use such leave to—

(1) qualify for an immediate annuity or to meet the age

or service requirements for an enhanced annuity that the

employee could qualify for under sections 8336, 8412, or 8414;

or

(2) to meet the requirements under section 8905(b) of title

5, United States Code, to qualify to continue health benefits

coverage after retirement from service.

(c)(1) Nothing in this section shall—

(A) affect the validity or legality of the reduction-in-force

actions of the Federal Aviation Administration effective October

3, 2005; or

(B) create any individual rights of actions regarding such

reduction-in-force or any other actions related to or arising

under the competitive sourcing of flight services.

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

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

while on the assignment authorized by this section; or

(B) subject to section 208 of title 18, United States Code.

(3) Temporary employees assigned under this section shall not

be Federal employees for purposes of chapter 171 of title 28, United

States Code (commonly referred to as the Federal Tort Claims

Act). Chapter 171 of title 28, United States Code (commonly referred

Termination

date.

Effective date.

Termination

date.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2429

to as the Federal Tort Claims Act) and any other Federal tort

liability statute shall not apply to an employee who is assigned

to a contractor under subsection (a).

SEC. 180. (a) In this section:

(1) The term ‘‘Conservation Area’’ means the Sloan Canyon

National Conservation Area established by section 604(a) of

the Clark County Conservation of Public Land and Natural

Resources Act of 2002 (116 Stat. 2010).

(2) The term ‘‘County’’ means Clark County, Nevada.

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

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

tour that is carried out to assist a Federal, State, or local

agency.

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

Interior.

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

Mountains Wilderness established by section 202(a)(13) of the

Clark County Conservation of Public Land and Natural

Resources Act of 2002 (116 Stat. 2000).

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

Act, the Secretary shall convey to the County, subject to valid

existing rights, for no consideration, all right, title, and interest

of the United States in and to the parcel of land described in

subsection (c).

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

is the parcel of approximately 229 acres of land depicted as tract

A on the map entitled ‘‘Clark County Public Heliport Facility’’

and dated May 3, 2004.

(d)(1) The parcel of land conveyed under subsection (b)—

(A) shall be used by the County for the operation of a

heliport facility under the conditions stated in paragraphs (2),

(3), and (4); and

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

(2)(A) Any operator of a helicopter tour originating from or

concluding at the parcel of land described in subsection (c) shall

pay to the Clark County Department of Aviation a $3 conservation

fee for each passenger on the helicopter tour if any portion of

the helicopter tour occurs over the Conservation Area.

(B)(i) Not earlier than 10 years after the date of enactment

of this Act and every 10 years thereafter, the Secretary shall conduct

a review to determine whether to raise the amount of the conservation fee.

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

an opportunity for public comment, the Secretary may raise the

amount of the conservation fee in an amount determined to be

appropriate by the Secretary, but by not more than 50 percent

of the amount of the conservation fee in effect on the day before

the date of the increase.

(3)(A) The amounts collected under paragraph (2) shall be

deposited in a special account in the Treasury of the United States.

(B) Of the amounts deposited under subparagraph (A)—

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

without further appropriation, for the management of cultural,

wildlife, and wilderness resources on public land in the State

of Nevada; and

Public comment.

Deadlines.

Fees.

119 STAT. 2430 PUBLIC LAW 109–115—NOV. 30, 2005

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

of the Bureau of Land Management, without further appropriation, for the conduct of Bureau of Land Management operations

for the Conservation Area and the Red Rock Canyon National

Conservation Area.

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

or concluding at the parcel of land described in subsection (c)

that flies over the Conservation Area shall not fly—

(i) over any area in the Conservation Area except the

area that is between 3 and 5 miles north of the latitude of

the southernmost boundary of the Conservation Area;

(ii) lower than 1,000 feet over the eastern segments of

the boundary of the Conservation Area; or

(iii) lower than 500 feet over the western segments of

the boundary of the Conservation Area.

(B) The Administrator of the Federal Aviation Administration

shall establish a special flight rules area and any operating procedures that the Administrator determines to be necessary to implement subparagraph (A).

(5) If the County ceases to use any of the land described

in subsection (c) for the purpose described in paragraph (1)(A)

and under the conditions stated in paragraph (2)—

(A) title to the parcel shall revert to the United States,

at the option of the United States; and

(B) the County shall be responsible for any reclamation

necessary to revert the parcel to the United States.

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

under subsection (b), that the County pay the administrative costs

of the conveyance, including survey costs and any other costs associated with the transfer of title.

SEC. 181. The first sentence of section 29(c) of the International

Air Transportation Competition Act of 1979 (Public Law 96–192;

94 Stat. 48) is amended by inserting ‘‘Missouri,’’ before ‘‘and Texas’’.

SEC. 182. Notwithstanding any other provision of law, none

of the funds provided in or limited by this Act may be obligated

or expended to provide a budget justification for fiscal year 2007

concurrently with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, to

any congressional committee other than the House and Senate

Committees on Appropriations prior to May 31, 2006.

SEC. 183. Notwithstanding any other provision of law, if any

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and

Senate Committees on Appropriations, said reprogramming action

shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other

congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days

following the date on which the reprogramming action has been

approved or denied by the House and Senate Committees on Appropriations.

SEC. 184. Notwithstanding any other provision of law, the

projects numbered 5094 and 5096 in the table contained in section

1702 of the Safe, Accountable, Flexible, Efficient Transportation

Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat.

1144) shall be subject to section 120(c) of title 23, United States

Code.

Regulations.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2431

SEC. 185. For necessary expenses, including an independent

verification regime, to reimburse fixed-based general aviation operators and the providers of general aviation ground support services

at Ronald Reagan Washington National Airport; College Park Airport in College Park, Maryland; Potomac Airpark in Fort Washington, Maryland; Washington Executive/Hyde Field in Clinton,

Maryland; and Washington South Capitol Street Heliport in Washington, DC; for direct and incremental financial losses incurred

while such airports were closed to general aviation operations,

or as of the date of enactment of this provision in the case of

airports that have not reopened to such operations, by these operators and service providers solely due to the actions of the Federal

Government following the terrorist attacks on the United States

that occurred on September 11, 2001, not to exceed $17,000,000,

to be available until expended: Provided, That of this amount not

to exceed $5,000,000 shall be available on a pro-rata basis, if

necessary, to fixed-based general aviation operators and the providers of general aviation ground support services located at College

Park Airport in College Park, Maryland; Potomac Airpark in Fort

Washington, Maryland; and Washington Executive/Hyde Field in

Clinton, Maryland: Provided further, That no funds shall be obligated or distributed to fixed-based general aviation operators and

providers of general aviation ground support services until an independent audit is completed: Provided further, That losses incurred

as a result of violations of law, or through fault or negligence,

of such operators and service providers or of third parties (including

airports) are not eligible for reimbursements: Provided further, That

obligation and expenditure of funds are conditional upon full release

of the United States Government for all claims for financial losses

resulting from such actions.

SEC. 186. Notwithstanding any other provision of law, any

amounts made available pursuant to Public Law 109–59 for the

Gravina Island bridge and the Knik Arm bridge shall be made

available to the Alaska Department of Transportation and Public

Facilities for any purpose eligible under section 133(b) of title

23, United States Code: Provided, That in allocating funds for

the equity bonus program under section 105 of such title, the

Secretary shall make the calculations required under that section

as if this section had not been enacted: Provided further, That

the descriptions for High Priority Projects #406, the Gravina Island

bridge, and #2465, the Knik Arm bridge, in section 1702 of Public

Law 109–59 are hereby deleted and in their place is inserted

‘‘the Alaska Department of Transportation and Public Facilities’’.

SEC. 187. (a) In addition to amounts available to carry out

section 10204 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59) as

of the date of enactment of this Act, of the amounts made available

by section 112 of this Act, $1,000,000 shall be used by the Secretary

of Transportation and the Secretary of Homeland Security to

jointly—

(1) complete the review and assessment of catastrophic

hurricane evacuation plans under that section; and

(2) submit to Congress, not later than June 1, 2006, the

report described in subsection (d) of that section.

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

Transportation Equity Act: A Legacy for Users (Public Law 109–

59) is amended— Ante, p. 1934.

Deadline.

Reports.

Ante, p. 1256.

119 STAT. 2432 PUBLIC LAW 109–115—NOV. 30, 2005

(1) in subsection (a)—

(A) by inserting after ‘‘evacuation plans’’ the following:

‘‘(including the costs of the plans)’’; and

(B) by inserting ‘‘and other catastrophic events’’ before

‘‘impacting’’;

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

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

(3) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘safe and’’ before

‘‘practical’’;

(B) in paragraph (2), by inserting after ‘‘States’’ the

following: ‘‘and adjoining jurisdictions’’;

(C) in paragraph (3), by striking ‘‘and’’ after the semicolon at the end;

(D) in paragraph (4), by striking the period at the

end and inserting a semicolon; and

(E) by adding at the end the following:

‘‘(5) the availability of food, water, restrooms, fueling stations, and shelter opportunities along the evacuation routes;

‘‘(6) the time required to evacuate under the plan; and

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

evacuation.’’.

This title may be cited as the ‘‘Department of Transportation

Appropriations Act, 2006’’.

TITLE II

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Departmental Offices including

operation and maintenance of the Treasury Building and Annex;

hire of passenger motor vehicles; maintenance, repairs, and

improvements of, and purchase of commercial insurance policies

for, real properties leased or owned overseas, when necessary for

the performance of official business, not to exceed $3,000,000 for

official travel expenses; $196,592,000, of which not to exceed

$8,642,000 is for executive direction program activities; not to

exceed $7,852,000 is for general counsel program activities; not

to exceed $32,011,000 is for economic policies and programs activities; not to exceed $26,574,000 is for financial policies and programs

activities; pursuant to section 3004(b) of the Exchange Rates and

International Economic Policy Coordination Act of 1988 (22 U.S.C.

5304(b)), not to exceed $1,000,000, to remain available until

expended, is for the Secretary of the Treasury, in conjunction with

the President, to implement said subsection as it pertains to governments and trade violations involving currency manipulation and

other trade violations; not to exceed $39,939,000 is for financial

crimes policies and programs activities; not to exceed $16,843,000

is for Treasury-wide management policies and programs activities;

and not to exceed $63,731,000 is for administration programs activities: Provided, That of the amount appropriated for financial crimes

policies and programs activities, $22,032,016 is for the Office of

Department of

the Treasury

Appropriations

Act, 2006.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2433

Foreign Assets Control and shall support no less than 125 full

time equivalent positions: Provided further, That the Secretary

of the Treasury is authorized to transfer funds appropriated for

any program activity of the Departmental Offices to any other

program activity of the Departmental Offices upon notification to

the House and Senate Committees on Appropriations: Provided

further, That no appropriation for any program activity shall be

increased or decreased by more than two percent by all such transfers: Provided further, That any change in funding greater than

two percent shall be submitted for approval to the House and

Senate Committees on Appropriations: Provided further, That of

the amount appropriated under this heading, not to exceed

$3,000,000, to remain available until September 30, 2007, for

information technology modernization requirements; not to exceed

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

not to exceed $258,000 for unforeseen emergencies of a confidential

nature, to be allocated and expended under the direction of the

Secretary of the Treasury and to be accounted for solely on his

certificate: Provided further, That of the amount appropriated under

this heading, $5,173,000, to remain available until September 30,

2007, is for the Treasury-wide Financial Statement Audit Program,

of which such amounts as may be necessary may be transferred

to accounts of the Department’s offices and bureaus to conduct

audits: Provided further, That this transfer authority shall be in

addition to any other provided in this Act.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing

equipment, software, and services for the Department of the

Treasury, $24,412,000, to remain available until September 30,

2008: Provided, That these funds shall be transferred to accounts

and in amounts as necessary to satisfy the requirements of the

Department’s offices, bureaus, and other organizations: Provided

further, That this transfer authority shall be in addition to any

other transfer authority provided in this Act: Provided further,

That none of the funds appropriated shall be used to support

or supplement ‘‘Internal Revenue Service, Information Systems’’

or ‘‘Internal Revenue Service, Business Systems Modernization’’.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, not to exceed $2,000,000 for official travel expenses,

including hire of passenger motor vehicles; and not to exceed

$100,000 for unforeseen emergencies of a confidential nature, to

be allocated and expended under the direction of the Inspector

General of the Treasury, $17,000,000, of which not to exceed $2,500

shall be available for official reception and representation expenses.

Notification.

119 STAT. 2434 PUBLIC LAW 109–115—NOV. 30, 2005

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for

Tax Administration in carrying out the Inspector General Act of

1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles

(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such

rates as may be determined by the Inspector General for Tax

Administration; not to exceed $6,000,000 for official travel expenses;

and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of

the Inspector General for Tax Administration, $133,286,000; and

of which not to exceed $1,500 shall be available for official reception

and representation expenses.

AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

For necessary expenses to administer the Air Transportation

Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42),

$2,750,000, to remain available until expended.

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Treasury

Building and Annex, $10,000,000, to remain available until September 30, 2008.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement

Network, including hire of passenger motor vehicles; travel expenses

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and

financial regulation; not to exceed $14,000 for official reception

and representation expenses; and for assistance to Federal law

enforcement agencies, with or without reimbursement, $73,630,000

of which not to exceed $6,944,000 shall remain available until

September 30, 2008; and of which $8,521,000 shall remain available

until September 30, 2007: Provided, That funds appropriated in

this account may be used to procure personal services contracts.

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,

$236,243,000, of which not to exceed $9,220,000 shall remain available until September 30, 2008, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available

for official reception and representation expenses.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2435

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the

Homeland Security Act of 2002, including hire of passenger motor

vehicles, $91,126,000; of which not to exceed $6,000 for official

reception and representation expenses; not to exceed $50,000 for

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement.

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the

United States Mint is provided funding through the United States

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,

including both operating expenses and capital investments. The

aggregate amount of new liabilities and obligations incurred during

fiscal year 2006 under such section 5136 for circulating coinage

and protective service capital investments of the United States

Mint shall not exceed $26,768,000.

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues

of the United States, $179,923,000, of which not to exceed $2,500

shall be available for official reception and representation expenses,

and of which not to exceed $2,000,000 shall remain available until

expended for systems modernization: Provided, That the sum appropriated herein from the general fund for fiscal year 2006 shall

be reduced by not more than $3,000,000 as definitive security

issue fees and Treasury Direct Investor Account Maintenance fees

are collected, so as to result in a final fiscal year 2006 appropriation

from the general fund estimated at $176,923,000. In addition,

$70,000 to be derived from the Oil Spill Liability Trust Fund

to reimburse the Bureau for administrative and personnel expenses

for financial management of the Fund, as authorized by section

1012 of Public Law 101–380.

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not

to exceed the per diem rate equivalent to the rate for ES–3,

$55,000,000, to remain available until September 30, 2007, of which

$4,000,000 shall be for financial assistance, technical assistance,

training and outreach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender

119 STAT. 2436 PUBLIC LAW 109–115—NOV. 30, 2005

organizations with experience and expertise in community development banking and lending in Indian country, Native American

organizations, tribes and tribal organizations and other suitable

providers, and up to $13,500,000 may be used for administrative

expenses, including administration of the New Markets Tax Credit,

up to $6,000,000 may be used for the cost of direct loans, and

up to $250,000 may be used for administrative expenses to carry

out the direct loan program: Provided, That the cost of direct

loans, including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974, as amended:

Provided further, That these funds are available to subsidize gross

obligations for the principal amount of direct loans not to exceed

$11,000,000.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses of the Internal Revenue Service for

pre-filing taxpayer assistance and education, filing and account

services, shared services support, general management and

administration; and services as authorized by 5 U.S.C. 3109, at

such rates as may be determined by the Commissioner,

$4,136,578,000, of which up to $4,100,000 shall be for the Tax

Counseling for the Elderly Program, of which $8,000,000 shall

be available for low-income taxpayer clinic grants, of which

$1,500,000 shall be for the Internal Revenue Service Oversight

Board; and of which not to exceed $25,000 shall be for official

reception and representation expenses: Provided, That of unobligated amounts available under this heading from previous appropriations Acts, $20,000,000 shall be rescinded.

TAX LAW ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Internal Revenue Service for

determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities;

securing unfiled tax returns; collecting unpaid accounts; conducting

a document matching program; resolving taxpayer problems

through prompt identification, referral and settlement; expanded

customer service and public outreach programs, strengthened

enforcement activities, and enhanced research efforts to reduce

erroneous filings associated with the earned income tax credit;

compiling statistics of income and conducting compliance research;

purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by

the Commissioner, $4,725,756,000, of which not to exceed

$1,000,000 shall remain available until September 30, 2008, for

research; and of which $55,584,000 shall be for the Interagency

Crime and Drug Enforcement program: Provided, That up to

$10,000,000 may be transferred as necessary from this account

to the IRS Processing, Assistance, and Management appropriation

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2437

or the IRS Information Systems appropriation solely for the purposes of management of the Interagency Crime and Drug Enforcement Program: Provided further, That up to $10,000,000 may be

transferred as necessary from this account to the IRS Processing,

Assistance, and Management appropriation or the IRS Information

Systems appropriation solely for the purposes of management of

the Earned Income Tax Credit compliance program and to

reimburse the Social Security Administration for the cost of implementing section 1090 of the Taxpayer Relief Act of 1997 (Public

Law 105–33): Provided further, That this transfer authority shall

be in addition to any other transfer authority provided in this

Act.

INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for

information systems and telecommunications support, including

developmental information systems and operational information

systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));

and services as authorized by 5 U.S.C. 3109, at such rates as

may be determined by the Commissioner, $1,598,967,000, of which

$75,000,000 shall remain available until September 30, 2007.

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service,

$199,000,000, to remain available until September 30, 2008, for

the capital asset acquisition of information technology systems,

including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may

be obligated until the Internal Revenue Service submits to the

Committees on Appropriations, and such Committees approve, a

plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of

Management and Budget, including Circular A–11; (2) complies

with the Internal Revenue Service’s enterprise architecture,

including the modernization blueprint; (3) conforms with the

Internal Revenue Service’s enterprise life cycle methodology; (4)

is approved by the Internal Revenue Service, the Department of

the Treasury, and the Office of Management and Budget; (5) has

been reviewed by the Government Accountability Office; and (6)

complies with the acquisition rules, requirements, guidelines, and

systems acquisition management practices of the Federal Government.

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

(INCLUDING RESCISSION OF FUNDS)

For expenses necessary to implement the health insurance

tax credit included in the Trade Act of 2002 (Public Law 107–

210), $20,210,000: Provided, That of unobligated amounts available

under this heading from previous appropriations acts, $9,000,000

shall be rescinded.

119 STAT. 2438 PUBLIC LAW 109–115—NOV. 30, 2005

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Not to exceed 5 percent of any appropriation made

available in this Act to the Internal Revenue Service or not to

exceed 3 percent of appropriations under the heading ‘‘Tax Law

Enforcement’’ may be transferred to any other Internal Revenue

Service appropriation upon the advance approval of the Committees

on Appropriations.

SEC. 202. The Internal Revenue Service shall maintain a

training program to ensure that Internal Revenue Service

employees are trained in taxpayers’ rights, in dealing courteously

with taxpayers, and in cross-cultural relations.

SEC. 203. The Internal Revenue Service shall institute and

enforce policies and procedures that will safeguard the confidentiality of taxpayer information.

SEC. 204. Funds made available by this or any other Act to

the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective

1–800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service

1–800 help line service a priority and allocate resources necessary

to increase phone lines and staff to improve the Internal Revenue

Service 1–800 help line service.

SEC. 205. None of the funds appropriated or otherwise made

available in this or any other Act or source to the Internal Revenue

Service may be used to reduce taxpayer services as proposed in

fiscal year 2006 until the Treasury Inspector General for Tax

Administration completes a study detailing the impact of such

proposed reductions on taxpayer compliance and taxpayer services,

and the Internal Revenue Service’s plans for providing adequate

alternative services, and submits such study and plans to the

Committees on Appropriations of the House of Representatives and

the Senate for approval: Provided, That no funds shall be obligated

by the Internal Revenue Service for such purposes for 60 days

after receipt of such study: Provided further, That the Internal

Revenue Service shall consult with stakeholder organizations,

including but not limited to, the National Taxpayer Advocate, the

Internal Revenue Service Oversight Board, the Treasury Inspector

General for Tax Administration, and Internal Revenue Service

employees with respect to any proposed or planned efforts by the

Internal Revenue Service to terminate or reduce significantly any

taxpayer service activity.

SEC. 206. Of the funds made available by this Act to the Internal Revenue Service, not less than $6,447,000,000 shall be

available only for tax enforcement. In addition, of the funds made

available by this Act to the Internal Revenue Service, and subject

to the same terms and conditions, $446,000,000 shall be available

for enhanced tax enforcement.

SEC. 207. Of the funds made available by this Act to the Internal Revenue Service, not less than $166,249,000 shall be available for operating expenses of the Taxpayer Advocate Service, of

which not less than $141,311,650 shall be made available from

the ‘‘Tax Law Enforcement’’ account.

SEC. 208. The Internal Revenue Service shall submit its fiscal

year 2007 congressional budget justifications to the Committees

on Appropriations of the House of Representatives and the Senate

Procedures.

26 USC 6103

note.

26 USC 7804

note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2439

using the identical structure provided under this Act and only

in accordance with the direction specified in the report accompanying this Act.

SEC. 209. Section 3 under the heading ‘‘Administrative Provisions—Internal Revenue Service’’ of title I of Public Law 103–

329 is amended by striking the last proviso.

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Appropriations to the Department of the Treasury

in this Act shall be available for uniforms or allowances therefor,

as authorized by law (5 U.S.C. 5901), including maintenance,

repairs, and cleaning; purchase of insurance for official motor

vehicles operated in foreign countries; purchase of motor vehicles

without regard to the general purchase price limitations for vehicles

purchased and used overseas for the current fiscal year; entering

into contracts with the Department of State for the furnishing

of health and medical services to employees and their dependents

serving in foreign countries; and services authorized by 5 U.S.C.

3109.

SEC. 211. Not to exceed 2 percent of any appropriations in

this Act made available to the Departmental Offices—Salaries and

Expenses, Office of Inspector General, Financial Management

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial

Crimes Enforcement Network, and Bureau of the Public Debt, may

be transferred between such appropriations upon the advance

approval of the Committees on Appropriations: Provided, That no

transfer may increase or decrease any such appropriation by more

than 2 percent.

SEC. 212. Not to exceed 2 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s

appropriation upon the advance approval of the Committees on

Appropriations: Provided, That no transfer may increase or decrease

any such appropriation by more than 2 percent.

SEC. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of

the Treasury certifies that the purchase by the respective Treasury

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority

to the Assistant Secretary for Management.

SEC. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau

of Engraving and Printing may be used to redesign the $1 Federal

Reserve note.

SEC. 215. The Secretary of the Treasury may transfer funds

from Financial Management Services, Salaries and Expenses to

Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such

salaries and expenses account from debt collections received in

the Debt Collection Fund.

SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C.

3104 note), is further amended by striking ‘‘7 years’’ and inserting

‘‘8 years’’.

SEC. 217. None of the funds appropriated or otherwise made

available by this or any other Act may be used by the United

Currency.

Certification.

26 USC 7801

note.

119 STAT. 2440 PUBLIC LAW 109–115—NOV. 30, 2005

States Mint to construct or operate any museum without the explicit

approval of the House Committee on Financial Services and the

Senate Committee on Banking, Housing, and Urban Affairs.

SEC. 218. None of the funds appropriated or otherwise made

available by this or any other Act or source to the Department

of the Treasury, the Bureau of Engraving and Printing, and the

United States Mint, individually or collectively, may be used to

consolidate any or all functions of the Bureau of Engraving and

Printing and the United States Mint without the explicit approval

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations.

SEC. 219. None of the funds appropriated or otherwise made

available by this or any other Act or source to the Secretary of

the Treasury may be expended to develop, study, or implement

any plan to reallocate the resources of, or merge the Financial

Crimes Enforcement Network into the Departmental Offices—Salaries and Expenses, or any other office within the Department of

the Treasury.

This title may be cited as the ‘‘Department of the Treasury

Appropriations Act, 2006’’.

TITLE III

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of tenant-based

rental assistance authorized under the United States Housing Act

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),

not otherwise provided for, $15,573,655,725, to remain available

until expended, of which $11,373,656,000 shall be available on

October 1, 2005, and $4,200,000,000 shall be available on October

1, 2006: Provided, That the amounts made available under this

heading are provided as follows:

(1) $14,089,755,725 for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals

of enhanced vouchers under any provision of law authorizing

such assistance under section 8(t) of the Act): Provided, That

notwithstanding any other provision of law, from amounts provided under this paragraph, the Secretary for the calendar

year 2006 funding cycle shall provide renewal funding for each

public housing agency based on each public housing agency’s

2005 annual budget for renewal funding as calculated by HUD,

prior to prorations, and by applying the 2006 Annual Adjustment Factor as established by the Secretary, and by making

any necessary adjustments for the costs associated with the

first-time renewal of tenant protection or HOPE VI vouchers

or vouchers that were not in use during the 12-month period

in order to be available to meet a commitment pursuant to

section 8(o)(13) of the Act: Provided further, That the Secretary

Department of

Housing and

Urban

Development

Appropriations

Act, 2006.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2441

shall, to the extent necessary to stay within the amount provided under this paragraph, pro rate each public housing

agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following proviso, the entire amount provided under this paragraph shall be obligated to the public housing agencies based

on the allocation and pro rata method described above: Provided

further, That public housing agencies participating in the

Moving to Work demonstration shall be funded pursuant to

their Moving to Work agreements and shall be subject to the

same pro rata adjustments under the previous proviso: Provided

further, That up to $45,000,000 shall be available only: (1)

to adjust the allocations for public housing agencies, after

application for an adjustment by a public housing agency and

verification by HUD, whose allocations under this heading for

contract renewals for the calendar year 2005 funding cycle

were based on verified VMS leasing and cost data averaged

for the months of May, June, and July of 2004 and solely

because of temporarily low leasing levels during such 3-month

period did not accurately reflect leasing levels and costs for

the 2004 fiscal year of the agencies; and (2) for adjustments

for public housing agencies that experienced a significant

increase, as determined by the Secretary, in renewal costs

resulting from unforeseen circumstances or from the portability

under section 8(r) of the United States Housing Act of 1937

of tenant-based rental assistance: Provided further, That none

of the funds provided in this paragraph may be used to support

a total number of unit months under lease which exceeds

a public housing agency’s authorized level of units under contract;

(2) $180,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished

or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134),

conversion of section 23 projects to assistance under section

8, the family unification program under section 8(x) of the

Act, relocation of witnesses in connection with efforts to combat

crime in public and assisted housing pursuant to a request

from a law enforcement or prosecution agency, enhanced

vouchers under any provision of law authorizing such assistance

under section 8(t) of the Act, HOPE VI vouchers, mandatory

and voluntary conversions, and tenant protection assistance

including replacement and relocation assistance: Provided, That

no more than $12,000,000 can be used for section 8 assistance

to cover the cost of judgments and settlement agreements;

(3) $48,000,000 for family self-sufficiency coordinators

under section 23 of the Act;

(4) $5,900,000 shall be transferred to the Working Capital

Fund; and

(5) $1,250,000,000 for administrative and other expenses

of public housing agencies in administering the section 8 tenantbased rental assistance program, of which up to $10,000,000

shall be available to the Secretary to allocate to public housing

agencies that need additional funds to administer their section

8 programs: Provided, That $1,240,000,000 of the amount provided in this paragraph shall be allocated for the calendar

year 2006 funding cycle on a pro rata basis to public housing

119 STAT. 2442 PUBLIC LAW 109–115—NOV. 30, 2005

agencies based on the amount public housing agencies were

eligible to receive in calendar year 2005: Provided further,

That all amounts provided under this paragraph shall be only

for activities related to the provision of tenant-based rental

assistance authorized under section 8, including related

development activities.

HOUSING CERTIFICATE FUND

(RESCISSION)

Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of

Housing and Urban Development under this heading, the heading

‘‘Annual contributions for assisted housing’’, the heading ‘‘Tenantbased rental assistance’’, and the heading ‘‘Project-based rental

assistance’’, for fiscal year 2005 and prior years, $2,050,000,000

is rescinded, to be effected by the Secretary no later than September

30, 2006: Provided, That, if insufficient funds exist under these

headings, the remaining balance may be derived from any other

heading under this title: Provided further, That the Secretary shall

notify the Committees on Appropriations 30 days in advance of

the rescission of any funds derived from the headings specified

above: Provided further, That any such balances governed by reallocation provisions under the statute authorizing the program

for which the funds were originally appropriated shall be available

for the rescission: Provided further, That any obligated balances

of contract authority from fiscal year 1974 and prior that have

been terminated shall be cancelled: Provided further, That no

amounts recaptured from amounts appropriated in prior years

under this heading or the heading ‘‘Annual contributions for

assisted housing’’ and no carryover of such appropriated amounts

for project-based assistance shall be available for the calendar year

2006 funding cycle for activities provided for under the heading

‘‘Tenant-based rental assistance’’.

PROJECT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of project-based

subsidy contracts under the United States Housing Act of 1937,

as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not otherwise

provided for, $5,088,300,000, to remain available until expended:

Provided, That the amounts made available under this heading

are provided as follows: (1) $4,939,700,000 for expiring or terminating section 8

project-based subsidy contracts (including section 8 moderate

rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts (including section 8 moderate

rehabilitation contracts), for contracts entered into pursuant

to section 441 of the McKinney-Vento Homeless Assistance

Act, for renewal of section 8 contracts for units in projects

that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the

Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses

associated with project-based activities and assistance funded

under this paragraph.

Notification.

Deadline.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2443

(2) $147,200,000 for performance-based contract administrators for section 8 project-based assistance: Provided, That

the Secretary may also use such amounts for performancebased contract administrators for: interest reduction payments

pursuant to section 236(a) of the National Housing Act (12

U.S.C. 1715z–1(a)); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965

(12 U.S.C. 1701s); section 236(f)(2) rental assistance payments

(12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts

for the elderly under section 202(c)(2) of the Housing Act of

1959, as amended (12 U.S.C. 1701q, 1701q–1); project rental

assistance contracts for supportive housing for persons with

disabilities under section 811(d)(2) of the Cranston-Gonzalez

National Affordable Housing Act; project assistance contracts

pursuant to section 202(h) of the Housing Act of 1959 (Public

Law 86–372; 73 Stat. 667); and loans under section 202 of

the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667). (3) $1,400,000 shall be transferred to the Working Capital

Fund: Provided further, That amounts recaptured under this

heading, the heading ‘‘Annual Contributions for Assisted

Housing’’, or the heading ‘‘Housing Certificate Fund’’, for

project-based section 8 activities may be used for renewals

of or amendments to section 8 project-based subsidy contracts

or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated.

(4) amounts recaptured under this heading, the heading

‘‘Annual Contributions for Assisted Housing’’, or the heading

‘‘Housing Certificate Fund’’ may be used for renewals of or

amendments to section 8 project-based contracts, notwithstanding the purposes for which such amounts were appropriated.

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out

capital and management activities for public housing agencies, as

authorized under section 9 of the United States Housing Act of

1937, as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,463,600,000,

to remain available until September 30, 2009: Provided, That notwithstanding any other provision of law or regulation, during fiscal

year 2006, the Secretary may not delegate to any Department

official other than the Deputy Secretary and the Assistant Secretary

for Public and Indian Housing any authority under paragraph (2)

of section 9(j) regarding the extension of the time periods under

such section: Provided further, That for purposes of such section

9(j), the term ‘‘obligate’’ means, with respect to amounts, that the

amounts are subject to a binding agreement that will result in

outlays, immediately or in the future: Provided further, That of

the total amount provided under this heading, up to $11,000,000

shall be for carrying out activities under section 9(h) of such Act:

Provided further, That $11,000,000 shall be transferred to the

Working Capital Fund: Provided further, That no funds may be

used under this heading for the purposes specified in section 9(k)

of the United States Housing Act of 1937, as amended: Provided

further, That of the total amount provided under this heading,

119 STAT. 2444 PUBLIC LAW 109–115—NOV. 30, 2005

up to $17,000,000 shall be available for the Secretary of Housing

and Urban Development to make grants, notwithstanding section

305 of this Act, to public housing agencies for emergency capital

needs resulting from unforeseen or unpreventable emergencies and

natural disasters occurring in fiscal year 2006: Provided further,

That of the total amount provided under this heading, $38,000,000

shall be for supportive services, service coordinators and congregate

services as authorized by section 34 of the Act and the Native

American Housing Assistance and Self-Determination Act of 1996:

Provided further, That of the total amount provided under this

heading up to $8,820,000 is to support the costs of administrative

and judicial receiverships: Provided further, That of the total

amount provided under this heading, $7,500,000 shall be for

Neighborhood Networks grants for activities authorized in section

9(d)(1)(E) of the United States Housing Act of 1937, as amended:

Provided further, That notwithstanding any other provision of law,

amounts made available in the previous proviso shall be awarded

to public housing agencies on a competitive basis: Provided further,

That notwithstanding section 9(d)(1)(E) of the United States

Housing Act of 1937, any Neighborhood Networks computer center

established with funding made available under this heading in

this or any other Act, shall be available for use by residents of

public housing and residents of other housing assisted with funding

made available under this title in this Act or any other Act.

PUBLIC HOUSING OPERATING FUND

For 2006 payments to public housing agencies for the operation

and management of public housing, as authorized by section 9(e)

of the United States Housing Act of 1937, as amended (42 U.S.C.

1437g(e)), $3,600,000,000: Provided, That, in fiscal year 2006 and

all fiscal years hereafter, no amounts under this heading in any

appropriations Act may be used for payments to public housing

agencies for the costs of operation and management of public

housing for any year prior to the current year of such Act: Provided

further, That no funds may be used under this heading for the

purposes specified in section 9(k) of the United States Housing

Act of 1937, as amended.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

For grants to public housing agencies for demolition, site

revitalization, replacement housing, and tenant-based assistance

grants to projects as authorized by section 24 of the United States

Housing Act of 1937, as amended, $100,000,000, to remain available

until September 30, 2007, of which the Secretary may use up

to $2,000,000 for technical assistance and contract expertise, to

be provided directly or indirectly by grants, contracts or cooperative

agreements, including training and cost of necessary travel for

participants in such training, by or to officials and employees of

the department and of public housing agencies and to residents:

Provided, That none of such funds shall be used directly or indirectly

by granting competitive advantage in awards to settle litigation

or pay judgments, unless expressly permitted herein.

42 USC 1437g

note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2445

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the Native American Housing Block Grants program, as

authorized under title I of the Native American Housing Assistance

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111

et seq.), $630,000,000, to remain available until expended: Provided,

That, notwithstanding the Native American Housing Assistance

and Self-Determination Act of 1996, to determine the amount of

the allocation under title I of such Act for each Indian tribe, the

Secretary shall apply the formula under section 302 of such Act

with the need component based on single-race Census data and

with the need component based on multi-race Census data, and

the amount of the allocation for each Indian tribe shall be the

greater of the two resulting allocation amounts: Provided further, That of the amounts made available under this heading, $1,000,000

shall be contracted through the Secretary as technical assistance

and capacity building to be used by the National American Indian

Housing Council in support of the implementation of NAHASDA;

$4,500,000 shall be to support the inspection of Indian housing

units, contract expertise, training, and technical assistance in the

training, oversight, and management of Indian housing and tenantbased assistance, including up to $300,000 for related travel; up

to $4,000,000 may be used for emergencies that constitute imminent

threats to health and safety, notwithstanding any other provision

of law (including section 305 of this Act): Provided further, That

of the amount provided under this heading, $2,000,000 shall be

made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further,

That such costs, including the costs of modifying such notes and

other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize the total principal amount

of any notes and other obligations, any part of which is to be

guaranteed, not to exceed $17,926,000: Provided further, That for

administrative expenses to carry out the guaranteed loan program,

up to $150,000 from amounts in the third proviso, which shall

be transferred to and merged with the appropriation for ‘‘Salaries

and Expenses’’.

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),

$8,815,000, to remain available until expended, of which $352,606

shall be for training and technical assistance activities.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184 of the Housing and Community Development Act of 1992 (12

U.S.C. 1715z–13a), $4,000,000, to remain available until expended:

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

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

119 STAT. 2446 PUBLIC LAW 109–115—NOV. 30, 2005

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $116,276,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $250,000 from amounts in the

first paragraph which shall be transferred to and merged with

the appropriation for ‘‘Salaries and Expenses’’.

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184A of the Housing and Community Development Act of 1992

(12 U.S.C. 1715z–13b), $900,000, to remain available until

expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize total loan principal, any

part of which is to be guaranteed, not to exceed $35,714,290.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $35,000 from amounts in the first

paragraph which shall be transferred to and merged with the appropriation for ‘‘Salaries and Expenses’’.

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with

AIDS program, as authorized by the AIDS Housing Opportunity

Act (42 U.S.C. 12901 et seq.), $289,000,000, to remain available

until September 30, 2007, except that amounts allocated pursuant

to section 854(c)(3) of such Act shall remain available until September 30, 2008: Provided, That the Secretary shall renew all

expiring contracts for permanent supportive housing that were

funded under section 854(c)(3) of such Act that meet all program

requirements before awarding funds for new contracts and activities

authorized under this section: Provided further, That the Secretary

may use up to $1,500,000 of the funds under this heading for

training, oversight, and technical assistance activities.

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development

in the Department of Housing and Urban Development,

$17,000,000, to remain available until expended, which amount

shall be competitively awarded by September 1, 2006, to Indian

tribes, State housing finance agencies, State community and/or

economic development agencies, local rural nonprofits and community development corporations to support innovative housing and

economic development activities in rural areas.

Contracts.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2447

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For assistance to units of State and local government, and

to other entities, for economic and community development activities, and for other purposes, $4,220,000,000, to remain available

until September 30, 2008, unless otherwise specified: Provided,

That of the amount provided, $3,748,400,000 is for carrying out

the community development block grant program under title I of

the Housing and Community Development Act of 1974, as amended

(the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That

unless explicitly provided for under this heading (except for planning grants provided in the second paragraph and amounts made

available under the third paragraph), not to exceed 20 percent

of any grant made with funds appropriated under this heading

shall be expended for planning and management development and

administration: Provided further, That $1,600,000 shall be transferred to the Working Capital Fund: Provided further, That

$60,000,000 shall be for grants to Indian tribes notwithstanding

section 106(a)(1) of such Act, of which, notwithstanding any other

provision of law (including section 305 of this Act), up to $4,000,000

may be used for emergencies that constitute imminent threats

to health and safety; $50,000,000 shall be available for YouthBuild

program activities authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and

such activities shall be an eligible activity with respect to any

funds made available under this heading: Provided, That local

YouthBuild programs that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild

funding: Provided further, That no more than eight percent of

any grant award under the YouthBuild program may be used

for administrative costs: Provided further, That of the amount made

available for YouthBuild not less than $4,000,000 is for grants

to establish YouthBuild programs in underserved and rural areas

and $1,000,000 is to be made available for a grant to YouthBuild

USA for capacity building for community development and affordable housing activities as specified in section 4 of the HUD Demonstration Act of 1993, as amended.

Of the amount made available under this heading, $310,000,000

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments

in accordance with the terms and conditions specified in the statement of managers accompanying this Act: Provided, That none

of the funds provided under this paragraph may be used for program

operations: Provided further, That, for fiscal years 2004, 2005 and

2006, no unobligated funds for EDI grants may be used for any

purpose except acquisition, planning, design, purchase of equipment, revitalization, redevelopment or construction. Of the amount made available under this heading, $50,000,000

shall be available for neighborhood initiatives that are utilized

to improve the conditions of distressed and blighted areas and

neighborhoods, to stimulate investment, economic diversification,

and community revitalization in areas with population outmigration

or a stagnating or declining economic base, or to determine whether

housing benefits can be integrated more effectively with welfare

reform initiatives: Provided, That amounts made available under

this paragraph shall be provided in accordance with the terms

119 STAT. 2448 PUBLIC LAW 109–115—NOV. 30, 2005

and conditions specified in the statement of managers accompanying

this Act.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division G of Public

Law 108–199 is deemed to be amended with respect to item number

181 striking ‘‘Volusia County’’ and inserting ‘‘Lively Arts Center

in Volusia County’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division G of Public

Law 108–199 is deemed to be amended with respect to item number

216 by striking ‘‘for construction’’ and inserting ‘‘for planning,

design, and engineering’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 369 by striking ‘‘for the construction of HomeAid

America temporary homeless shelters in Costa Mesa, California’’

and inserting ‘‘for the construction of shelters for the temporarily

homeless in New York City, New York’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 502 by striking ‘‘for acquisition of’’ and inserting

‘‘for renovations of’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 405 by striking ‘‘Willington Senior Center’’ and

inserting ‘‘buildings and facilities associated with the Willington

Senior Housing Center’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 674 by striking ‘‘City of Big Island, Virginia for

the Sedalia Center restoration’’ and inserting ‘‘to restore the Sedalia

Center in Bedford County, Virginia’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 469 by striking ‘‘to the City of Havana, Illinois’’

and inserting ‘‘Havana, Illinois, Rural Fire District’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 554 by striking ‘‘$250,000 to the Town of Monroe,

New York for construction of the Monroe Free Library’’ and

inserting ‘‘$150,000 for the Town of Lewisboro, New York for infrastructure improvements for the Onatru Farm Community Center

and $100,000 for the Town of Poughkeepsie, New York for

streetscape and related improvements in the Arlington Business

District’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 445 by striking ‘‘City of St. Petersburg, Florida’’

and inserting ‘‘Catholic Charities, Diocese of St. Petersburg,

Florida’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 103 for the Mission Preservation Foundation in

San Juan Capistrano, California by striking ‘‘for the Great Stone

Church restoration project’’ and inserting ‘‘to construct and install

environment controls and security measures’’.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2449

The referenced statement of the managers under this heading

in division A of the Emergency Appropriations Act for Defense,

Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–

13) is amended—

(1) in section 6070 (119 Stat. 299), by striking paragraph

(1); and

(2) in section 6071 (119 Stat. 299), by striking paragraph

(1).

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division I of Public

Law 108–447 is deemed to be amended with respect to item number

83 by striking ‘‘construction’’ and inserting ‘‘planning, design,

engineering, and construction’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division G of Public

Law 108–199 is deemed to be amended with respect to item number

216 by striking ‘‘for construction’’ and inserting ‘‘for planning,

design, and engineering’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division I of Public

Law 108–447 is deemed to be amended with respect to item 9

by striking ‘‘for costs associated with the construction’’ and inserting

‘‘to be used for the planning and design’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division I of Public

Law 108–447 is deemed to be amended with respect to item 260

by adding before the period ‘‘including $120,000 for property renovation at 754 Broad Street for the Family Center emergency shelter

for families and children’’.

The referenced statement of the managers accompanying Public

Law 106–74 is deemed to be amended by inserting on page 113

‘‘, of which $47,500 may be used for physical improvements at

the South Providence Development Corporation business incubator

facility or CleanScape, including associated project management

costs’’ after ‘‘$100,000 for the South Providence Development Corporation in Providence, Rhode Island for a child care facility’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division I of Public

Law 108–447 is deemed to be amended with respect to item number

30 by striking ‘‘City of San Francisco’’ and inserting ‘‘San Francisco

Museum and Historical Society’’.

The referenced statement of the managers under the heading

‘‘Community Development Fund’’ in title II of division G of Public

Law 108–199 is deemed to be amended with respect to item number

122 by striking ‘‘City of San Francisco’’ and inserting ‘‘San Francisco

Museum and Historical Society’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 855 by striking ‘‘the Skagit County Children’s

Museum in Mount Vernon, Washington for facilities improvements

and renovation’’ and inserting ‘‘the Children’s Museum of Skagit

County in Mount Vernon, Washington to purchase and renovate

a building’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 1027 by striking ‘‘planning and design’’ and

inserting ‘‘planning, design, construction and buildout’’.

119 STAT. 2450 PUBLIC LAW 109–115—NOV. 30, 2005

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 946 by striking ‘‘capital’’ and inserting ‘‘planning,

design, engineering, and construction’’.

The referenced statement of the managers under this heading

in Public Law 108–447 is deemed to be amended with respect

to item number 731 by striking ‘‘rehabilitation and buildout’’ and

inserting ‘‘planning, evaluation, design, engineering and construction’’.

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $3,000,000, to remain available until September 30, 2007, as authorized by section 108 of

the Housing and Community Development Act of 1974, as amended:

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

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $137,500,000, notwithstanding any

aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of

1974, as amended.

In addition, for administrative expenses to carry out the

guaranteed loan program, $750,000 shall be transferred to and

merged with the appropriation for ‘‘Salaries and expenses’’.

BROWNFIELDS REDEVELOPMENT

(INCLUDING RESCISSION OF FUNDS)

For competitive economic development grants, as authorized

by section 108(q) of the Housing and Community Development

Act of 1974, as amended, for Brownfields redevelopment projects,

$10,000,000, to remain available until September 30, 2007: Provided, That $10,000,000 shall be rescinded from unobligated balances from prior years appropriations under this heading and,

to the extent there are insufficient balances, any additional rescission amounts shall be rescinded from funds appropriated under

this heading for fiscal year 2006.

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act, as amended, $1,750,000,000, to remain available until September 30, 2008: Provided, That of the total amount provided in

this paragraph, up to $42,000,000 shall be available for housing

counseling under section 106 of the Housing and Urban Development Act of 1968, and $1,000,000 shall be transferred to the

Working Capital Fund.

In addition to amounts otherwise made available under this

heading, $25,000,000, to remain available until September 30, 2008,

for assistance to homebuyers as authorized under title I of the

American Dream Downpayment Act.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2451

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity Program, $61,000,000, to remain available until September 30,

2008: Provided, That of the total amount provided in this heading $20,000,000 shall be made available to the Self Help Homeownership Opportunity Program as authorized under section 11 of the

Housing Opportunity Program Extension Act of 1996, as amended:

Provided further, That $30,000,000 shall be made available for

capacity building, of which $26,500,000 shall be for capacity building

for Community Development and affordable Housing for LISC and

the Enterprise Foundation for activities authorized by section 4

of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),

as in effect immediately before June 12, 1997, and $3,500,000

shall be made available for capacity building activities administered

by Habitat for Humanity International: Provided further, That

$3,000,000 shall be made available to the Housing Assistance

Council; $1,000,000 shall be made available to the National American Indian Housing Council; $4,000,000 shall be available as a

grant to the Raza Development Fund of La Raza for the HOPE

Fund, of which $500,000 is for technical assistance and fund

management, and $3,500,000 is for investments in the HOPE Fund

and financing to affiliated organizations; $2,000,000 shall be available as a grant to the National Housing Development Corporation

for operating expenses and a program of affordable housing acquisition and rehabilitation; and $1,000,000 shall be made available

to the Special Olympics National Organizing Committee for planning, equipment and operational expenses associated with the 2006

games in Ames, Iowa.

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under

subtitle B of title IV of the McKinney-Vento Homeless Assistance

Act, as amended; the supportive housing program as authorized

under subtitle C of title IV of such Act; the section 8 moderate

rehabilitation single room occupancy program as authorized under

the United States Housing Act of 1937, as amended, to assist

homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program

as authorized under subtitle F of title IV of such Act,

$1,340,000,000, of which $1,320,000,000 shall remain available until

September 30, 2008, and of which $20,000,000 shall remain available until expended: Provided, That not less than 30 percent of

funds made available, excluding amounts provided for renewals

under the shelter plus care program, shall be used for permanent

housing: Provided further, That all funds awarded for services shall

be matched by 25 percent in funding by each grantee: Provided

further, That the Secretary shall renew on an annual basis expiring

contracts or amendments to contracts funded under the shelter

plus care program if the program is determined to be needed

under the applicable continuum of care and meets appropriate

program requirements and financial standards, as determined by

the Secretary: Provided further, That all awards of assistance under

this heading shall be required to coordinate and integrate homeless

programs with other mainstream health, social services, and

Contracts.

119 STAT. 2452 PUBLIC LAW 109–115—NOV. 30, 2005

employment programs for which homeless populations may be

eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps,

and services funding through the Mental Health and Substance

Abuse Block Grant, Workforce Investment Act, and the Welfareto-Work grant program: Provided further, That up to $11,674,000

of the funds appropriated under this heading shall be available

for the national homeless data analysis project and technical assistance: Provided further, That $1,000,000 of the funds appropriated

under this heading shall be transferred to the Working Capital

Fund: Provided further, That all balances for Shelter Plus Care

renewals previously funded from the Shelter Plus Care Renewal

account and transferred to this account shall be available, if recaptured, for Shelter Plus Care renewals in fiscal year 2006.

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

For capital advances, including amendments to capital advance

contracts, for housing for the elderly, as authorized by section

202 of the Housing Act of 1959, as amended, and for project rental

assistance for the elderly under section 202(c)(2) of such Act,

including amendments to contracts for such assistance and renewal

of expiring contracts for such assistance for up to a 1-year term,

and for supportive services associated with the housing,

$742,000,000, to remain available until September 30, 2009, of

which amount $51,600,000 shall be for service coordinators and

the continuation of existing congregate service grants for residents

of assisted housing projects, and of which amount up to $24,800,000

shall be for grants under section 202b of the Housing Act of 1959

(12 U.S.C. 1701q–2) for conversion of eligible projects under such

section to assisted living or related use and for emergency capital

repairs as determined by the Secretary: Provided, That of the

amount made available under this heading, $4,000,000 shall be

made available to carry out section 203 of Public Law 108–186:

Provided further, That of the amount made available under this

heading, $20,000,000 shall be available to the Secretary of Housing

and Urban Development only for making competitive grants to

private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, site control, and

other planning relating to the development of supportive housing

for the elderly that is eligible for assistance under section 202

of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further,

That amounts under this heading shall be available for Real Estate

Assessment Center inspections and inspection-related activities

associated with section 202 capital advance projects: Provided further, That $400,000 of the total amount made available under

this heading shall be transferred to the Working Capital Fund:

Provided further, That the Secretary may waive the provisions

of section 202 governing the terms and conditions of project rental

assistance, except that the initial contract term for such assistance

shall not exceed 5 years in duration.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2453

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

For capital advance contracts, including amendments to capital

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez

National Affordable Housing Act, for project rental assistance for

supportive housing for persons with disabilities under section

811(d)(2) of such Act, including amendments to contracts for such

assistance and renewal of expiring contracts for such assistance

for up to a 1-year term, and for supportive services associated

with the housing for persons with disabilities as authorized by

section 811(b)(1) of such Act, and for tenant-based rental assistance

contracts entered into pursuant to section 811 of such Act,

$239,000,000 to remain available until September 30, 2009: Provided, That $400,000 shall be transferred to the Working Capital

Fund: Provided further, That, of the amount provided under this

heading $78,300,000 shall be for amendments or renewal of tenantbased assistance contracts entered into prior to fiscal year 2005

(only one amendment authorized for any such contract): Provided

further, That of the amount provided under this heading, the Secretary may make available up to $5,000,000 for incremental tenantbased rental assistance, as authorized by section 811 of such Act

(which assistance is 5 years in duration): Provided further, That

all tenant-based assistance made available under this heading shall

continue to remain available only to persons with disabilities: Provided further, That the Secretary may waive the provisions of

section 811 governing the terms and conditions of project rental

assistance and tenant-based assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration:

Provided further, That amounts made available under this heading

shall be available for Real Estate Assessment Center Inspections

and inspection-related activities associated with section 811 Capital

Advance Projects.

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing

and Urban Development Act of 1965 (12 U.S.C. 1701s) and section

236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, non-insured rental housing projects, $26,400,000, to remain

available until expended: Provided, That amendments to such contracts hereafter may be for a period less than the term of the

respective contracts.

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted

balances of excess rental charges as of September 30, 2005, and

any collections made during fiscal year 2006 and all subsequent

fiscal years, shall be transferred to the Flexible Subsidy Fund,

as authorized by section 236(g) of the National Housing Act, as

amended.

12 USC 1715z–1

note.

12 USC 1701s

note.

119 STAT. 2454 PUBLIC LAW 109–115—NOV. 30, 2005

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974,

as amended (42 U.S.C. 5401 et seq.), up to $13,000,000, to remain

available until expended, to be derived from the Manufactured

Housing Fees Trust Fund: Provided, That not to exceed the total

amount appropriated under this heading shall be available from

the general fund of the Treasury to the extent necessary to incur

obligations and make expenditures pending the receipt of collections

to the Fund pursuant to section 620 of such Act: Provided further,

That the amount made available under this heading from the

general fund shall be reduced as such collections are received during

fiscal year 2006 so as to result in a final fiscal year 2006 appropriation from the general fund estimated at not more than $0 and

fees pursuant to such section 620 shall be modified as necessary

to ensure such a final fiscal year 2006 appropriation.

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 2006, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

Act, as amended, shall not exceed a loan principal of

$185,000,000,000.

During fiscal year 2006, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $50,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the

Mutual Mortgage Insurance Fund.

For administrative expenses necessary to carry out the guaran- teed and direct loan program, $355,000,000, of which not to exceed

$351,000,000 shall be transferred to the appropriation for ‘‘Salaries

and expenses’’; and not to exceed $4,000,000 shall be transferred

to the appropriation for ‘‘Office of Inspector General’’. In addition,

for administrative contract expenses, $62,600,000, of which

$18,281,000 shall be transferred to the Working Capital Fund:

Provided, That to the extent guaranteed loan commitments exceed

$65,500,000,000 on or before April 1, 2006, an additional $1,400

for administrative contract expenses shall be available for each

$1,000,000 in additional guaranteed loan commitments (including

a pro rata amount for any amount below $1,000,000), but in no

case shall funds made available by this proviso exceed $30,000,000.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of loan guarantee modifications, as that

term is defined in section 502 of the Congressional Budget Act

of 1974, as amended, $8,800,000, to remain available until

expended: Provided, That commitments to guarantee loans shall

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2455

not exceed $35,000,000,000 in total loan principal, any part of

which is to be guaranteed.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238, and 519(a) of the National

Housing Act, shall not exceed $50,000,000, of which not to exceed

$30,000,000 shall be for bridge financing in connection with the

sale of multifamily real properties owned by the Secretary and

formerly insured under such Act; and of which not to exceed

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties

owned by the Secretary and formerly insured under such Act.

In addition, for administrative expenses necessary to carry

out the guaranteed and direct loan programs, $231,400,000, of

which $211,400,000 shall be transferred to the appropriation for

‘‘Salaries and Expenses’’; and of which $20,000,000 shall be transferred to the appropriation for ‘‘Office of Inspector General’’.

In addition, for administrative contract expenses necessary to

carry out the guaranteed and direct loan programs, $71,900,000,

of which $10,800,000 shall be transferred to the Working Capital

Fund: Provided, That to the extent guaranteed loan commitments

exceed $8,426,000,000 on or before April 1, 2006, an additional

$1,980 for administrative contract expenses shall be available for

each $1,000,000 in additional guaranteed loan commitments over

$8,426,000,000 (including a pro rata amount for any increment

below $1,000,000), but in no case shall funds made available by

this proviso exceed $14,400,000.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes

of section 306 of the National Housing Act, as amended (12 U.S.C.

1721(g)), shall not exceed $200,000,000,000, to remain available

until September 30, 2007.

For administrative expenses necessary to carry out the guaran- teed mortgage-backed securities program, $10,700,000, to be derived

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,700,000, shall

be transferred to the appropriation for ‘‘Salaries and Expenses’’.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–

1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$56,350,000, to remain available until September 30, 2007: Provided, That of the total amount provided under this heading,

$5,000,000 shall be for the Partnership for Advancing Technology

in Housing (PATH) Initiative: Provided further, That of the amounts

119 STAT. 2456 PUBLIC LAW 109–115—NOV. 30, 2005

made available for PATH under this heading, $2,500,000 shall

not be subject to the requirements of section 305 of this title:

Provided further, That the Office of Housing shall administer PATH:

Provided further, That of funds made available under this heading,

$750,000 shall be transferred to the National Research Council

for a study in accordance with the statement of the managers

accompanying this Act: Provided further, That of the funds made

available under this heading, $20,600,000 is for grants pursuant

to section 107 of the Housing and Community Development Act

of 1974, as amended, as follows: $3,000,000 to support Alaska

Native serving institutions and Native Hawaiian serving institutions as defined under the Higher Education Act, as amended;

$2,600,000 for tribal colleges and universities to build, expand,

renovate, and equip their facilities and to expand the role of the

colleges into the community through the provision of needed services

such as health programs, job training and economic development

activities; $9,000,000 for the Historically Black Colleges and Universities program, of which up to $2,000,000 may be used for technical

assistance; and $6,000,000 for the Hispanic Serving Institutions

Program.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and section 561 of the Housing and Community Development Act

of 1987, as amended, $46,000,000, to remain available until September 30, 2007, of which $20,000,000 shall be to carry out activities

pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or

legislative branches of the Federal Government in connection with

a specific contract, grant or loan.

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by

section 1011 of the Residential Lead-Based Paint Hazard Reduction

Act of 1992, $152,000,000, to remain available until September

30, 2007, of which $9,500,000 shall be for the Healthy Homes

Initiative, pursuant to sections 501 and 502 of the Housing and

Urban Development Act of 1970 that shall include research, studies,

testing, and demonstration efforts, including education and outreach

concerning lead-based paint poisoning and other housing-related

diseases and hazards: Provided, That for purposes of environmental

review, pursuant to the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.) and other provisions of law that further

the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead

Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c)

of the Multifamily Housing Property Disposition Reform Act of

1994: Provided further, That of the total amount made available

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2457

under this heading, $48,000,000 shall be made available on a

competitive basis for areas with the highest lead paint abatement

needs, as identified by the Secretary as having: (1) the highest

number of occupied pre-1940 units of rental housing; and (2) a

disproportionately high number of documented cases of leadpoisoned children: Provided further, That each grantee receiving

funds under the previous proviso shall target those privately owned

units and multifamily buildings that are occupied by low-income

families as defined under section 3(b)(2) of the United States

Housing Act of 1937: Provided further, That not less than 90 percent

of the funds made available under this paragraph shall be used

exclusively for abatement, inspections, risk assessments, temporary

relocations and interim control of lead-based hazards as defined

by 42 U.S.C. 4851: Provided further, That each recipient of funds

provided under the first proviso shall make a matching contribution

in an amount not less than 25 percent: Provided further, That

each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary

to carry out the proposed use of funds pursuant to a Notice of

Funding Availability.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances

therefore, as authorized by 5 U.S.C. 5901–5902; hire of passenger

motor vehicles; services as authorized by 5 U.S.C. 3109; and not

to exceed $25,000 for official reception and representation expenses,

$1,153,285,000, of which $562,400,000 shall be provided from the

various funds of the Federal Housing Administration, $10,700,000

shall be provided from funds of the Government National Mortgage

Association, $750,000 shall be from the ‘‘community development

loan guarantee program’’ account, $150,000 shall be provided by

transfer from the ‘‘Native American housing block grants’’ account,

$250,000 shall be provided by transfer from the ‘‘Indian housing

loan guarantee fund program’’ account and $35,000 shall be transferred from the ‘‘Native Hawaiian housing loan guarantee fund’’

account: Provided, That funds made available under this heading

shall only be allocated in the manner specified in the statement

of the managers accompanying this Act unless the Committees

on Appropriations of both the House of Representatives and the

Senate are notified of any changes in an operating plan or reprogramming: Provided further, That no official or employee of

the Department shall be designated as an allotment holder unless

the Office of the Chief Financial Officer (OCFO) has determined

that such allotment holder has implemented an adequate system

of funds control and has received training in funds control procedures and directives: Provided further, That the Chief Financial

Officer shall establish positive control of and maintain adequate

systems of accounting for appropriations and other available funds

as required by 31 U.S.C. 1514: Provided further, That for purposes

of funds control and determining whether a violation exists under

Records.

42 USC 3549

note.

119 STAT. 2458 PUBLIC LAW 109–115—NOV. 30, 2005

the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall be the executed agreement or contract, except with respect

to insurance and guarantee programs, certain types of salaries

and expenses funding, and incremental funding that is authorized

under an executed agreement or contract, and shall be designated

in the approved funds control plan: Provided further, That the

Chief Financial Officer shall: (1) appoint qualified personnel to

conduct investigations of potential or actual violations; (2) establish

minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (3) establish

guidelines and timeframes for the conduct and completion of investigations; (4) prescribe the content, format and other requirements

for the submission of final reports on violations; and (5) prescribe

such additional policies and procedures as may be required for

conducting investigations of, and administering, processing, and

reporting on, potential and actual violations of the Anti-Deficiency

Act and all other statutes and regulations governing the obligation

and expenditure of funds made available in this or any other

Act: Provided further, That up to $15,000,000 may be transferred

to the Working Capital Fund: Provided further, That the Secretary

shall fill 7 out of 10 vacancies at the GS–14 and GS–15 levels

until the total number of GS–14 and GS–15 positions in the Department has been reduced from the number of GS–14 and GS–15

positions on the date of enactment of Public Law 106–377 by

21⁄2 percent.

WORKING CAPITAL FUND

For additional capital for the Working Capital Fund (42 U.S.C.

3535) for the development of, modifications to, and infrastructure

for Department-wide information technology systems, for the continuing operation of both Department-wide and program-specific

information systems, and for program-related development activities, $197,000,000, to remain available until September 30, 2007:

Provided, That any amounts transferred to this Fund under this

Act shall remain available until expended: Provided further, That

any amounts transferred to this Fund from amounts appropriated

by previously enacted appropriations Acts or from within this Act

may be used only for the purposes specified under this Fund,

in addition to the purposes for which such amounts were appropriated.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of Inspector General in

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

$106,000,000, of which $24,000,000 shall be provided from the

various funds of the Federal Housing Administration: Provided,

That the Inspector General shall have independent authority over

all personnel issues within this office.

Government

organization.

Employment.

Requirements.

Guidelines.

Procedures.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2459

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed $500

for official reception and representation expenses, $60,000,000, to

remain available until expended, to be derived from the Federal

Housing Enterprises Oversight Fund: Provided, That the Director

shall submit a spending plan for the amounts provided under this

heading no later than January 15, 2006: Provided further, That

not less than 80 percent of the total amount made available under

this heading shall be used only for examination, supervision, and

capital oversight of the enterprises (as such term is defined in

section 1303 of the Federal Housing Enterprises Financial Safety

and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the

enterprises are operating in a financially safe and sound manner

and complying with the capital requirements under Subtitle B

of such Act: Provided further, That not to exceed the amount provided herein shall be available from the general fund of the

Treasury to the extent necessary to incur obligations and make

expenditures pending the receipt of collections to the Fund: Provided

further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final

appropriation from the general fund estimated at not more than

$0.

ADMINISTRATIVE PROVISIONS

SEC. 301. Fifty percent of the amounts of budget authority,

or in lieu thereof 50 percent of the cash amounts associated with

such budget authority, that are recaptured from projects described

in section 1012(a) of the Stewart B. McKinney Homeless Assistance

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,

or in the case of cash, shall be remitted to the Treasury, and

such amounts of budget authority or cash recaptured and not

rescinded or remitted to the Treasury shall be used by State housing

finance agencies or local governments or local housing agencies

with projects approved by the Secretary of Housing and Urban

Development for which settlement occurred after January 1, 1992,

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget

authority or cash recaptured and not rescinded or remitted to

the Treasury to provide project owners with incentives to refinance

their project at a lower interest rate.

SEC. 302. None of the amounts made available under this

Act may be used during fiscal year 2006 to investigate or prosecute

under the Fair Housing Act any otherwise lawful activity engaged

in by one or more persons, including the filing or maintaining

of a non-frivolous legal action, that is engaged in solely for the

purpose of achieving or preventing action by a Government official

or entity, or a court of competent jurisdiction.

SEC. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any

amounts made available under this title for fiscal year 2006 that

are allocated under such section, the Secretary of Housing and

HIV/AIDS.

Grants.

Recission.

Deadline.

119 STAT. 2460 PUBLIC LAW 109–115—NOV. 30, 2005

Urban Development shall allocate and make a grant, in the amount

determined under subsection (b), for any State that—

(1) received an allocation in a prior fiscal year under clause

(ii) of such section; and

(2) is not otherwise eligible for an allocation for fiscal

year 2006 under such clause (ii) because the areas in the

State outside of the metropolitan statistical areas that qualify

under clause (i) in fiscal year 2006 do not have the number

of cases of acquired immunodeficiency syndrome (AIDS)

required under such clause.

(b) The amount of the allocation and grant for any State

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are

outside of metropolitan statistical areas that qualify under clause

(i) of such section 854(c)(1)(A) in fiscal year 2006, in proportion

to AIDS cases among cities and States that qualify under clauses

(i) and (ii) of such section and States deemed eligible under subsection (a).

(c) Notwithstanding any other provision of law, the amount

allocated for fiscal year 2006 under section 854(c) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New

York, New York, on behalf of the New York-Wayne-White Plains,

New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of

Housing and Urban Development by: (1) allocating to the City

of Jersey City, New Jersey, the proportion of the metropolitan

area’s or division’s amount that is based on the number of cases

of AIDS reported in the portion of the metropolitan area or division

that is located in Hudson County, New Jersey, and adjusting for

the proportion of the metropolitan division’s high incidence bonus

if this area in New Jersey also has a higher than average per

capita incidence of AIDS; and (2) allocating to the City of Paterson,

New Jersey, the proportion of the metropolitan area’s or division’s

amount that is based on the number of cases of AIDS reported

in the portion of the metropolitan area or division that is located

in Bergen County and Passaic County, New Jersey, and adjusting

for the proportion of the metropolitan division’s high incidence

bonus if this area in New Jersey also has a higher than average

per capita incidence of AIDS. The recipient cities shall use amounts

allocated under this subsection to carry out eligible activities under

section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)

in their respective portions of the metropolitan division that is

located in New Jersey.

(d) Notwithstanding any other provision of law, the amount

allocated for fiscal year 2006 under section 854(c) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a

higher than average per capita incidence of AIDS, shall be adjusted

by the Secretary on the basis of area incidence reported over a

three year period.

SEC. 304. (a) During fiscal year 2006, in the provision of rental

assistance under section 8(o) of the United States Housing Act

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance

for use in assisted living facilities that is carried out in the counties

of the State of Michigan notwithstanding paragraphs (3) and

(18)(B)(iii) of such section 8(o), a family residing in an assisted

New Jersey.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2461

living facility in any such county, on behalf of which a public

housing agency provides assistance pursuant to section 8(o)(18)

of such Act, may be required, at the time the family initially

receives such assistance, to pay rent in an amount exceeding 40

percent of the monthly adjusted income of the family by such

a percentage or amount as the Secretary of Housing and Urban

Development determines to be appropriate.

SEC. 305. Except as explicitly provided in law, any grant,

cooperative agreement or other assistance made pursuant to title

III of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban

Development Reform Act of 1989.

SEC. 306. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home

Loan Mortgage Corporation, Federal Financing Bank, Federal

Reserve banks or any member thereof, Federal Home Loan banks,

and any insured bank within the meaning of the Federal Deposit

Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

SEC. 307. Unless otherwise provided for in this Act or through

a reprogramming of funds, no part of any appropriation for the

Department of Housing and Urban Development shall be available

for any program, project or activity in excess of amounts set forth

in the budget estimates submitted to Congress.

SEC. 308. Corporations and agencies of the Department of

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized

to make such expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104

of such Act as may be necessary in carrying out the programs

set forth in the budget for 2006 for such corporation or agency

except as hereinafter provided: Provided, That collections of these

corporations and agencies may be used for new loan or mortgage

purchase commitments only to the extent expressly provided for

in this Act (unless such loans are in support of other forms of

assistance provided for in this or prior appropriations Acts), except

that this proviso shall not apply to the mortgage insurance or

guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of

the United States Government.

SEC. 309. None of the funds provided in this title for technical

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on

Appropriations a description of each proposed activity and a detailed

budget estimate of the costs associated with each program, project

or activity as part of the Budget Justifications. For fiscal year

2006, HUD shall transmit this information to the Committees by

March 15, 2006 for 30 days of review.

SEC. 310. The Secretary of Housing and Urban Development

shall provide quarterly reports to the House and Senate Committees

Reports.

Deadline.

119 STAT. 2462 PUBLIC LAW 109–115—NOV. 30, 2005

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the

jurisdiction of the Department and shall submit additional, updated

budget information to these Committees upon request.

SEC. 311. Notwithstanding any other provision of law, in fiscal

year 2006, in managing and disposing of any multifamily property

that is owned or held by the Secretary of Housing and Urban

Development, the Secretary shall maintain any rental assistance

payments under section 8 of the United States Housing Act of

1937 that are attached to any dwelling units in the property.

To the extent the Secretary determines that such a multifamily

property owned or held by the Secretary is not feasible for continued

rental assistance payments under such section 8, based on consideration of the costs of maintaining such payments for that property

or other factors, the Secretary may, in consultation with the tenants

of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties,

or provide other rental assistance.

SEC. 312. (a) Notwithstanding any other provision of law, the

amount allocated for fiscal year 2006 under section 854(c) of the

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City

of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and

Urban Development by allocating to the State of New Jersey the

proportion of the metropolitan division’s amount that is based on

the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the

proportion of the metropolitan division’s high incidence bonus if

this area in New Jersey also has a higher than average per capita

incidence of AIDS. The State of New Jersey shall use amounts

allocated to the State under this subsection to carry out eligible

activities under section 855 of the AIDS Housing Opportunity Act

(42 U.S.C. 12904) in the portion of the metropolitan division that

is located in New Jersey.

(b) Notwithstanding any other provision of law, the Secretary

of Housing and Urban Development shall allocate to Wake County,

North Carolina, the amounts that otherwise would be allocated

for fiscal year 2006 under section 854(c) of the AIDS Housing

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall

be used to carry out eligible activities under section 855 of such

Act (42 U.S.C. 12904) within such metropolitan statistical area.

(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban

Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2006 under section 854(c)

of such Act, upon the written request of an applicant, in conjunction

with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which

the metropolitan statistical area is located as the eligible grantee(s)

of the allocation. In the case that a metropolitan statistical area

involves more than one State, such amounts allocated to each

State shall be in proportion to the number of cases of AIDS reported

in the portion of the metropolitan statistical area located in that

State. Any amounts allocated to a State under this section shall

North Carolina.

HIV/AIDS.

New Jersey.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2463

be used to carry out eligible activities within the portion of the

metropolitan statistical area located in that State.

SEC. 313. Notwithstanding any other provision of law, for this

fiscal year and every fiscal year thereafter, funds appropriated

for housing for the elderly, as authorized by section 202 of the

Housing Act of 1959, as amended, and for supportive housing for

persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, shall be available

for the cost of maintaining and disposing of such properties that

are acquired or otherwise become the responsibility of the Department.

SEC. 314. The Secretary of Housing and Urban Development

shall submit an annual report no later than August 30, 2006 and

annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under

lease and the per unit cost of these units to the Department of

Housing and Urban Development.

SEC. 315. The Department of Housing and Urban Development

shall submit the Department’s fiscal year 2007 congressional budget

justifications to the Committees on Appropriations of the House

of Representatives and the Senate using the identical structure

provided under this Act and only in accordance with the direction

specified in the report accompanying this Act.

SEC. 316. That incremental vouchers previously made available

under the heading ‘‘Housing Certificate Fund’’ or renewed under

the heading, ‘‘Tenant-Based Rental Assistance,’’ for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover.

SEC. 317. A public housing agency or such other entity that

administers Federal housing assistance in the States of Alaska,

Iowa, and Mississippi shall not be required to include a resident

of public housing or a recipient of assistance provided under section

8 of the United States Housing Act of 1937 on the board of directors

or a similar governing board of such agency or entity as required

under section (2)(b) of such Act. Each public housing agency or

other entity that administers Federal housing assistance under

section 8 in the States of Alaska, Iowa and Mississippi shall establish an advisory board of not less than 6 residents of public housing

or recipients of section 8 assistance to provide advice and comment

to the public housing agency or other administering entity on issues

related to public housing and section 8. Such advisory board shall

meet not less than quarterly.

SEC. 318. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2006

and 2007, the Secretary may authorize the transfer of projectbased assistance, debt and statutorily required low-income and

very low-income use restrictions, associated with one multifamily

housing project to another multifamily housing project.

(b) The transfer authorized in subsection (a) is subject to the

following conditions:

(1) the number of low-income and very low-income units

and the net dollar amount of Federal assistance provided by

the transferring project shall remain the same in the receiving

project;

(2) the transferring project shall, as determined by the

Secretary, be either physically obsolete or economically nonviable;

Establishment.

State listing.

Reports.

Deadlines.

42 USC 1437

note.

12 USC 1701q–3.

119 STAT. 2464 PUBLIC LAW 109–115—NOV. 30, 2005

(3) the receiving project shall meet or exceed applicable

physical standards established by the Secretary;

(4) the owner or mortgagor of the transferring project shall

notify and consult with the tenants residing in the transferring

project and provide a certification of approval by all appropriate

local governmental officials;

(5) the tenants of the transferring project who remain

eligible for assistance to be provided by the receiving project

shall not be required to vacate their units in the transferring

project until new units in the receiving project are available

for occupancy;

(6) the Secretary determines that this transfer is in the

best interest of the tenants;

(7) if either the transferring project or the receiving project

meets the condition specified in subsection (c)(2)(A), any lien

on the receiving project resulting from additional financing

obtained by the owner shall be subordinate to any FHA-insured

mortgage lien transferred to, or placed on, such project by

the Secretary;

(8) if the transferring project meets the requirements of

subsection (c)(2)(E), the owner or mortgagor of the receiving

project shall execute and record either a continuation of the

existing use agreement or a new use agreement for the project

where, in either case, any use restrictions in such agreement

are of no lesser duration than the existing use restrictions;

(9) any financial risk to the FHA General and Special

Risk Insurance Fund, as determined by the Secretary, would

be reduced as a result of a transfer completed under this

section; and

(10) the Secretary determines that Federal liability with

regard to this project will not be increased.

(c) For purposes of this section—

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall

have the meanings provided by the statute and/or regulations

governing the program under which the project is insured or

assisted;

(2) the term ‘‘multifamily housing project’’ means housing

that meets one of the following conditions—

(A) housing that is subject to a mortgage insured under

the National Housing Act;

(B) housing that has project-based assistance attached

to the structure;

(C) housing that is assisted under section 202 of the

Housing Act of 1959 as amended by section 801 of the

Cranston-Gonzales National Affordable Housing Act;

(D) housing that is assisted under section 202 of the

Housing Act of 1959, as such section existed before the

enactment of the Cranston-Gonzales National Affordable

Housing Act; or

(E) housing or vacant land that is subject to a use

agreement;

(3) the term ‘‘project-based assistance’’ means—

(A) assistance provided under section 8(b) of the United

States Housing Act of 1937;

(B) assistance for housing constructed or substantially

rehabilitated pursuant to assistance provided under section

Notification.

Certification.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2465

8(b)(2) of such Act (as such section existed immediately

before October 1, 1983);

(C) rent supplement payments under section 101 of

the Housing and Urban Development Act of 1965;

(D) additional assistance payments under section

236(f)(2) of the National Housing Act; and,

(E) assistance payments made under section 202(c)(2)

of the Housing Act of 1959;

(4) the term ‘‘receiving project’’ means the multifamily

housing project to which the project-based assistance, debt,

and statutorily required use low-income and very low-income

restrictions are to be transferred;

(5) the term ‘‘transferring project’’ means the multifamily

housing project which is transferring the project-based assistance, debt and the statutorily required low-income and very

low-income use restrictions to the receiving project; and,

(6) the term ‘‘Secretary’’ means the Secretary of Housing

and Urban Development.

SEC. 319. The funds made available for Native Alaskans under

the heading ‘‘Native American Housing Block Grants’’ in title III

of this Act shall be allocated to the same Native Alaskan housing

block grant recipients that received funds in fiscal year 2005.

SEC. 320. (a) EXTENSION.—The Secretary of Housing and Urban

Development shall extend the term of the Moving to Work Demonstration Agreement entered into between a public housing agency

and the Secretary under section 204, title V, of the Omnibus

Consolidated Rescissions and Appropriations Act of 1996 (Public

Law 104–134, April 26, 1996) if—

(1) the public housing agency requests such extension in

writing;

(2) the public housing agency is not at the time of such

request for extension in default under its Moving to Work

Demonstration Agreement; and

(3) the Moving to Work Demonstration Agreement to be

extended would otherwise expire on or before September 30,

2006.

(b) TERMS.—Unless the Secretary of Housing and Urban

Development and the public housing agency otherwise agree, the

extension under subsection (a) shall be upon the identical terms

and conditions set forth in the extending agency’s existing Moving

to Work Demonstration Agreement, except that for each public

housing agency that has been or will be granted an extension

to its original Moving to Work Agreement, the Secretary shall

require that data be collected so that the effect of Moving to Work

policy changes on residents can be measured.

(c) EXTENSION PERIOD.—The extension under subsection (a)

shall be for such period as is requested by the public housing

agency, not to exceed 3 years from the date of expiration of the

extending agency’s existing Moving to Work Demonstration Agreement.

(d) BREACH OF AGREEMENT.—Nothing contained in this section

shall limit the authority of the Secretary of Housing and Urban

Development to terminate any Moving to Work Demonstration

Agreement of a public housing agency if the public housing agency

is in breach of the provisions of such agreement.

SEC. 321. No funds provided under this title may be used

for an audit of the Government National Mortgage Association

119 STAT. 2466 PUBLIC LAW 109–115—NOV. 30, 2005

that makes applicable requirements under the Federal Credit

Reform Act of 1990 (2 U.S.C. 661 et seq.).

SEC. 322. Incremental vouchers previously made available

under the heading, ‘‘Housing Certificate Fund’’ or renewed under

the heading, ‘‘Tenant-Based Rental Assistance’’, for family unification shall, to the extent practicable, continue to be provided for

family unification.

SEC. 323. Section 223(f)(1) of the National Housing Act is

amended by inserting ‘‘purchase or’’ immediately before ‘‘refinancing

of existing debt’’.

SEC. 324. Section 421 of the Housing and Community Development Act of 1987 (12 U.S.C. § 1715z–4a) is amended—

(1) in subsection (a)(1)(A), by inserting after ‘‘is’’ the following: ‘‘or, at the time of the violations, was’’; and

(2) in subsection (a)(1)(C), by inserting after ‘‘held’’ the

following: ‘‘or, at the time of the violations, was insured or

held’’.

SEC. 325. Notwithstanding any other provision of law, for fiscal

year 2006 and thereafter, all mortgagees receiving interest reduction payments under section 236 of the National Housing Act (12

U.S.C. 1715z–1) shall submit only electronic invoices to the Department of Housing and Development in order to receive such payments. The mortgagees shall comply with this requirement no later

than 90 days from the date of enactment of this provision.

SEC. 326. Notwithstanding any other provision of law, the

recipient of a grant under section 202b of the Housing Act of

1959 (12 U.S.C. 1701q–2) after December 26, 2000, in accordance

with the unnumbered paragraph at the end of section 202b(b)

of such Act, may, at its option, establish a single-asset nonprofit

entity to own the project and may lend the grant funds to such

entity, which may be a private nonprofit organization described

in section 831 of the American Homeownership and Economic

Opportunity Act of 2000.

SEC. 327. (a) No assistance shall be provided under section

8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)

to any individual who—

(1) is enrolled as a student at an institution of higher

education (as defined under section 102 of the Higher Education

Act of 1965 (20 U.S.C. 1002));

(2) is under 24 years of age;

(3) is not a veteran;

(4) is unmarried;

(5) does not have a dependent child; and

(6) is not otherwise individually eligible, or has parents

who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of

1937 (42 U.S.C. 1437f).

(b) For purposes of determining the eligibility of a person

to receive assistance under section 8 of the United States Housing

Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess

of amounts received for tuition) that an individual receives under

the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from

private sources, or an institution of higher education (as defined

under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall

be considered income to that individual, except for a person over

the age of 23 with dependent children.

Deadline.

Records.

12 USC 1715z–1

note.

12 USC 1715n.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2467

(c) Not later than 30 days after the date of enactment of

this Act, the Secretary of Housing and Urban Development shall

issue final regulations to carry out the provisions of this section.

SEC. 328. The Secretary of Housing and Urban Development

shall give priority consideration to applications from the housing

authorities of the Counties of San Bernardino and Santa Clara

and the City of San Jose, California to participate in the Moving

to Work Demonstration Agreement under section 204, title V, of

the Omnibus Consolidated Rescissions and Appropriations Act of

1996 (Public Law 104–134, April 26, 1996): Provided, That upon

turnover, existing requirements on the re-issuance of Section 8

vouchers shall be maintained to ensure that not less than 75

percent of all vouchers shall be made available to extremely lowincome families.

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

Urban Development Appropriations Act, 2006’’.

TITLE IV

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

as required by law, excluding care of the building and grounds,

including purchase or hire, driving, maintenance, and operation

of an automobile for the Chief Justice, not to exceed $10,000 for

the purpose of transporting Associate Justices, and hire of passenger

motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not

to exceed $10,000 for official reception and representation expenses;

and for miscellaneous expenses, to be expended as the Chief Justice

may approve, $60,730,000, of which $2,000,000 shall remain available until expended.

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a–

13b), $5,624,000, which shall remain available until expended.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and

employees, and for necessary expenses of the court, as authorized

by law, $24,000,000.

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of

the officers and employees of the court, services, and necessary

expenses of the court, as authorized by law, $15,480,000.

Judiciary

Appropriations

Act, 2006.

California.

Deadline.

Regulations.

119 STAT. 2468 PUBLIC LAW 109–115—NOV. 30, 2005

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges

of the territorial courts of the United States), justices and judges

retired from office or from regular active service, judges of the

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal

Judiciary not otherwise specifically provided for, and necessary

expenses of the courts, as authorized by law, $4,348,780,000

(including the purchase of firearms and ammunition); of which

not to exceed $27,817,000 shall remain available until expended

for space alteration projects and for furniture and furnishings

related to new space alteration and construction projects.

In addition, for expenses of the United States Court of Federal

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed

$3,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed

to represent persons under the Criminal Justice Act of 1964, as

amended (18 U.S.C. 3006A); the compensation and reimbursement

of expenses of persons furnishing investigative, expert and other

services under the Criminal Justice Act of 1964 (18 U.S.C.

3006A(e)); the compensation (in accordance with Criminal Justice

Act maximums) and reimbursement of expenses of attorneys

appointed to assist the court in criminal cases where the defendant

has waived representation by counsel; the compensation and

reimbursement of travel expenses of guardians ad litem acting

on behalf of financially eligible minor or incompetent offenders

in connection with transfers from the United States to foreign

countries with which the United States has a treaty for the execution of penal sentences; the compensation of attorneys appointed

to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); and for necessary training

and general administrative expenses, $717,000,000, to remain available until expended.

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.

1871 and 1876; compensation of jury commissioners as authorized

by 28 U.S.C. 1863; and compensation of commissioners appointed

in condemnation cases pursuant to rule 71A(h) of the Federal

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),

$61,318,000, to remain available until expended: Provided, That

the compensation of land commissioners shall not exceed the daily

equivalent of the highest rate payable under section 5332 of title

5, United States Code.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2469

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident

to the provision of protective guard services for United States

courthouses and other facilities housing Federal court operations,

and the procurement, installation, and maintenance of security

systems and equipment for United States courthouses and other

facilities housing Federal court operations, including building

ingress-egress control, inspection of mail and packages, directed

security patrols, perimeter security, basic security services provided

by the Federal Protective Service, and other similar activities as

authorized by section 1010 of the Judicial Improvement and Access

to Justice Act (Public Law 100–702), $372,000,000, of which not

to exceed $15,000,000 shall remain available until expended, to

be expended directly or transferred to the United States Marshals

Service, which shall be responsible for administering the Judicial

Facility Security Program consistent with standards or guidelines

agreed to by the Director of the Administrative Office of the United

States Courts and the Attorney General, and of which not to exceed

$65,500,000 shall remain available until expended, to be expended

directly or transferred to the United States Federal Protective

Service for costs associated with building security.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the

United States Courts as authorized by law, including travel as

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle

as authorized by 31 U.S.C. 1343(b), advertising and rent in the

District of Columbia and elsewhere, $70,262,000, of which not to

exceed $8,500 is authorized for official reception and representation

expenses and of which up to $1,000,000 shall be made available

to the National Academy of Public Administration for a review

of the financial and management procedures of the Federal

Judiciary.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $22,350,000; of which $1,800,000

shall remain available through September 30, 2007, to provide

education and training to Federal court personnel; and of which

not to exceed $1,500 is authorized for official reception and representation expenses.

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as

authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $600,000;

119 STAT. 2470 PUBLIC LAW 109–115—NOV. 30, 2005

and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $3,200,000.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provi- sions of chapter 58 of title 28, United States Code, $14,400,000,

of which not to exceed $1,000 is authorized for official reception

and representation expenses.

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

SEC. 401. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

for services as authorized by 5 U.S.C. 3109.

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

available for the current fiscal year for the Judiciary in this Act

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and

Commissioners’’, shall be increased by more than 10 percent by

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

section shall be treated as a reprogramming of funds under sections

705 and 710 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

SEC. 403. Notwithstanding any other provision of law, the

salaries and expenses appropriation for ‘‘Courts of Appeals, District

Courts, and Other Judicial Services’’ shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $11,000 and shall be administered by the Director of

the Administrative Office of the United States Courts in the capacity

as Secretary of the Judicial Conference.

SEC. 404. Within 90 days of enactment of this Act, the Administrative Office of the U.S. Courts shall submit to the Committees

on Appropriations a comprehensive financial plan for the Judiciary

allocating all sources of available funds including appropriations,

fee collections, and carryover balances, to include a separate and

detailed plan for the Judiciary Information Technology fund.

SEC. 405. Pursuant to section 140 of Public Law 97–92, and

from funds appropriated in this Act, Justices and judges of the

United States are authorized during fiscal year 2006, to receive

a salary adjustment in accordance with 28 U.S.C. 461.

SEC. 406. The existing judgeship for the eastern district of

Missouri authorized by section 203(c) of the Judicial Improvements

Act of 1990 (Public Law 101–650, 104 Stat. 5089) as amended

by Public Law 105–53, as of the effective date of this Act, shall

be extended. The first vacancy in the office of district judge in

this district occurring 20 years or more after the confirmation

date of the judge named to fill the temporary judgeship created

by section 203(c) shall not be filled.

SEC. 407. (a) Section 604 of title 28, United States Code, is

amended by adding section (4) at the end of section ‘‘(g)’’:

Contracts. ‘‘(4) The Director is hereby authorized:

Missouri.

Extension.

28 USC 133 note.

28 USC 461 note.

Deadline.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2471

‘‘(A) to enter into contracts for the acquisition of severable services for a period that begins in one fiscal year

and ends in the next fiscal year to the same extent as

the head of an executive agency under the authority of

section 253l of title 41, United States Code;

‘‘(B) to enter into contracts for multiple years for the

acquisition of property and services to the same extent

as executive agencies under the authority of section 254c

of title 41, United States Code; and

‘‘(C) to make advance, partial, progress or other payments under contracts for property or services to the same

extent as executive agencies under the authority of section

255 of title 41, United States Code.’’.

(b) Section 612 of title 28, United States Code, is amended

by striking the current language in section (e)(2)(B) and inserting

‘‘such contract is in accordance with the Director’s authority in

section 604(g) of 28 U.S.C.; and,’’.

(c) The authorities granted in this section shall expire on September 30, 2010.

SEC. 408. (a) The division of the court shall release to the

Congress and to the public not later than 60 days after the date

of enactment of this Act all portions of the final report of the

independent counsel of the investigation of Henry Cisneros made

under section 594(h) of title 28, United States Code. The division

of the court shall make such orders as are appropriate to protect

the rights of any individual named in such report and to prevent

undue interference with any pending prosecution. Upon the release

of the final report, the final report shall be published pursuant

to section 594(h)(3) of title 28, United States Code.

(b)(1) After the release and publication of the final report

referred to in subsection (a), the independent counsel shall continue

his office only to the extent necessary and appropriate to perform

the noninvestigative and nonprosecutorial tasks remaining of his

statutory duties as required to conclude the functions of his office.

(2) The duties referred to in paragraph (1) shall specifically

include—

(A) the evaluation of claims for attorney fees, pursuant

to section 593(l) of title 28, United States Code;

(B) the transfer of records to the Archivist of the United

States pursuant to section 594(k) of title 28, United States

Code;

(C) compliance with oversight obligations pursuant to section 595(a) of title 28, United States Code; and

(D) preparation of statements of expenditures pursuant

to section 595(c) of title 28, United States Code.

(c)(1) The independent counsel shall have not more than 90

days after the release and publication of the final report referred

to in subsection (a) to complete his remaining statutory duties

unless the division of the court determines that it is necessary

for the independent counsel to have additional time to complete

his remaining statutory duties.

(2) If the division of the court finds that the independent

counsel needs additional time under paragraph (1), the division

of the court shall issue a public report stating the grounds for

the extension and a proposed date for completion of all aspects

of the investigation of Henry Cisneros and termination of the office

of the independent counsel.

Reports.

Public

information.

Deadline.

Publication.

Deadline.

Public

information.

Reports.

Henry Cisneros.

Expiration date.

26 USC 604 note.

119 STAT. 2472 PUBLIC LAW 109–115—NOV. 30, 2005

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

2006’’.

TITLE V

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allow- ance at the rate of $50,000 per annum as authorized by 3 U.S.C.

102, $450,000: Provided, That none of the funds made available

for official expenses shall be expended for any other purpose and

any unused amount shall revert to the Treasury pursuant to section

1552 of title 31, United States Code.

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized

by law, including not to exceed $3,850,000 for services as authorized

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted

for as provided in that section; hire of passenger motor vehicles,

newspapers, periodicals, teletype news service, and travel (not to

exceed $100,000 to be expended and accounted for as provided

by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive

Office of the President, $53,830,000: Provided, That of the funds

appropriated under this heading, $1,500,000 shall be for the Privacy

and Civil Liberties Oversight Board.

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,

improvement, heating, and lighting, including electric power and

fixtures, of the Executive Residence at the White House and official

entertainment expenses of the President, $12,436,000, to be

expended and accounted for as provided by 3 U.S.C. 105, 109,

110, and 112–114.

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at

the White House, such sums as may be necessary: Provided, That

all reimbursable operating expenses of the Executive Residence

shall be made in accordance with the provisions of this paragraph:

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

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and

to receive offsetting collections, for such expenses: Provided further,

That the Executive Residence shall require each person sponsoring

a reimbursable political event to pay in advance an amount equal

to the estimated cost of the event, and all such advance payments

shall be credited to this account and remain available until

3 USC 102 note.

Executive Office

of the President

Appropriations

Act, 2006.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2473

expended: Provided further, That the Executive Residence shall

require the national committee of the political party of the President

to maintain on deposit $25,000, to be separately accounted for

and available for expenses relating to reimbursable political events

sponsored by such committee during such fiscal year: Provided

further, That the Executive Residence shall ensure that a written

notice of any amount owed for a reimbursable operating expense

under this paragraph is submitted to the person owing such amount

within 60 days after such expense is incurred, and that such amount

is collected within 30 days after the submission of such notice:

Provided further, That the Executive Residence shall charge interest

and assess penalties and other charges on any such amount that

is not reimbursed within such 30 days, in accordance with the

interest and penalty provisions applicable to an outstanding debt

on a United States Government claim under section 3717 of title

31, United States Code: Provided further, That each such amount

that is reimbursed, and any accompanying interest and charges,

shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and

submit to the Committees on Appropriations, by not later than

90 days after the end of the fiscal year covered by this Act, a

report setting forth the reimbursable operating expenses of the

Executive Residence during the preceding fiscal year, including

the total amount of such expenses, the amount of such total that

consists of reimbursable official and ceremonial events, the amount

of such total that consists of reimbursable political events, and

the portion of each such amount that has been reimbursed as

of the date of the report: Provided further, That the Executive

Residence shall maintain a system for the tracking of expenses

related to reimbursable events within the Executive Residence that

includes a standard for the classification of any such expense as

political or nonpolitical: Provided further, That no provision of this

paragraph may be construed to exempt the Executive Residence

from any other applicable requirement of subchapter I or II of

chapter 37 of title 31, United States Code.

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive

Residence at the White House, $1,700,000, to remain available

until expended, for required maintenance, safety and health issues,

and continued preventative maintenance.

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers

in carrying out its functions under the Employment Act of 1946

(15 U.S.C. 1021), $4,040,000.

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, $3,500,000.

Records.

Deadline.

Reports.

Deadline.

Notice.

Deadlines.

119 STAT. 2474 PUBLIC LAW 109–115—NOV. 30, 2005

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $8,705,000.

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, and hire of passenger motor vehicles, $89,322,000, of which

$11,768,000 shall remain available until expended for the Capital

Investment Plan for continued modernization of the information

technology infrastructure within the Executive Office of the President.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and

Budget, including hire of passenger motor vehicles and services

as authorized by 5 U.S.C. 3109 and to carry out the provisions

of chapter 35 of title 44, United States Code, $76,930,000, of which

not to exceed $3,000 shall be available for official representation

expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made and shall be allocated in accordance with the

terms and conditions set forth in the accompanying statement of

the managers except as otherwise provided by law: Provided further,

That none of the funds appropriated in this Act for the Office

of Management and Budget may be used for the purpose of

reviewing any agricultural marketing orders or any activities or

regulations under the provisions of the Agricultural Marketing

Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,

That none of the funds made available for the Office of Management

and Budget by this Act may be expended for the altering of the

transcript of actual testimony of witnesses, except for testimony

of officials of the Office of Management and Budget, before the

Committees on Appropriations or their subcommittees: Provided

further, That the preceding shall not apply to printed hearings

released by the Committees on Appropriations: Provided further,

That none of the funds provided in this or prior Acts shall be

used, directly or indirectly, by the Office of Management and

Budget, for evaluating or determining if water resource project

or study reports submitted by the Chief of Engineers acting through

the Secretary of the Army are in compliance with all applicable

laws, regulations, and requirements relevant to the Civil Works

water resource planning process: Provided further, That the Office

of Management and Budget shall have not more than 60 days

in which to perform budgetary policy reviews of water resource

matters on which the Chief of Engineers has reported. The Director

of the Office of Management and Budget shall notify the appropriate

authorizing and Appropriations Committees when the 60-day review

is initiated. If water resource reports have not been transmitted

to the appropriate authorizing and appropriating committees within

Deadline.

Notification.

Deadlines.

Applicability.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2475

15 days of the end of the OMB review period based on the notification from the Director, Congress shall assume OMB concurrence

with the report and act accordingly.

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control

Policy; for research activities pursuant to the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the

provision of services on matters of mutual interest with nonprofit,

research, or public organizations or agencies, with or without

reimbursement, $26,908,000; of which $1,316,000 shall remain

available until expended for policy research and evaluation: Provided, That the Office is authorized to accept, hold, administer,

and utilize gifts, both real and personal, public and private, without

fiscal year limitation, for the purpose of aiding or facilitating the

work of the Office.

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of

National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.

1701 et seq.), $30,000,000, which shall remain available until

expended, consisting of $14,000,000 for counternarcotics research

and development projects, of which up to $1,000,000 is to be directed

to supply reduction activities, and $16,000,000 for the continued

operation of the technology transfer program: Provided, That the

$14,000,000 for counternarcotics research and development projects

shall be available for transfer to other Federal departments or

agencies.

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy’s High Intensity Drug Trafficking Areas Program,

$227,000,000 for drug control activities consistent with the approved

strategy for each of the designated High Intensity Drug Trafficking

Areas, of which no less than 51 percent shall be transferred to

State and local entities for drug control activities, which shall

be obligated within 120 days of the date of the enactment of this

Act: Provided, That up to 49 percent, to remain available until

September 30, 2007, may be transferred to Federal agencies and

departments at a rate to be determined by the Director, of which

not less than $2,000,000 shall be used for auditing services and

associated activities, and at least $500,000 of the $2,000,000 shall

be used to develop and implement a data collection system to

measure the performance of the High Intensity Drug Trafficking

Deadline.

21 USC 1702

note.

119 STAT. 2476 PUBLIC LAW 109–115—NOV. 30, 2005

Areas Program: Provided further, That High Intensity Drug Trafficking Areas programs designated as of September 30, 2005, shall

be funded at no less than the fiscal year 2005 initial allocation

levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in

those levels based on clearly articulated priorities for the High

Intensity Drug Trafficking Areas programs, as well as published

Office of National Drug Control Policy performance measures of

effectiveness: Provided further, That a request shall be submitted

in compliance with the reprogramming guidelines to the Committees

on Appropriations for approval prior to the obligation of funds

of an amount in excess of the fiscal year 2005 budget request:

Provided further, That none of the funds made available under

this heading shall be available for the Consolidated Priority

Organization Target program.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for

youth, and for other purposes, authorized by the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.), $194,900,000, to remain available until expended, of which

the amounts are available as follows: $100,000,000 to support a

national media campaign, as authorized by the Drug-Free Media

Campaign Act of 1998: Provided, That the Office of National Drug

Control Policy shall maintain funding for non-advertising services

for the media campaign at no less than the fiscal year 2003 ratio

of service funding to total funds and shall continue the corporate

outreach program as it operated prior to its cancellation;

$80,000,000 to continue a program of matching grants to drugfree communities, of which $2,000,000 shall be a directed grant

to the Community Anti-Drug Coalitions of America for the National

Community Anti-Drug Coalition Institute, as authorized in chapter

2 of the National Narcotics Leadership Act of 1988, as amended;

$1,000,000 for the National Drug Court Institute; $1,000,000 for

the National Alliance for Model State Drug Laws; $8,500,000 for

the United States Anti-Doping Agency for anti-doping activities;

$2,900,000 for the United States membership dues to the World

Anti-Doping Agency; and $1,500,000 for evaluations and research

related to National Drug Control Program performance measures:

Provided further, That such funds may be transferred to other

Federal departments and agencies to carry out such activities:

Provided further, That of the amounts appropriated for a national

media campaign, not to exceed 10 percent shall be for administration, advertising production, research and testing, labor and related

costs of the national media campaign.

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the

current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2477

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide

assistance to the President in connection with specially assigned

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

106, including subsistence expenses as authorized by 3 U.S.C. 106,

which shall be expended and accounted for as provided in that

section; and hire of passenger motor vehicles, $4,455,000.

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the

extent not otherwise provided for, heating and lighting, including

electric power and fixtures, of the official residence of the Vice

President; the hire of passenger motor vehicles; and not to exceed

$90,000 for official entertainment expenses of the Vice President,

to be accounted for solely on his certificate, $325,000: Provided,

That advances or repayments or transfers from this appropriation

may be made to any department or agency for expenses of carrying

out such activities.

This title may be cited as the ‘‘Executive Office of the President

Appropriations Act, 2006’’.

TITLE VI

INDEPENDENT AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502

of the Rehabilitation Act of 1973, as amended, $5,941,000: Provided,

That, notwithstanding any other provision of law, there may be

credited to this appropriation funds received for publications and

training expenses.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

to exceed the per diem rate equivalent to the maximum rate payable

under 5 U.S.C. 5376, purchase of nominal awards to recognize

non-Federal officials’ contributions to Commission activities, and

not to exceed $500 for official reception and representation expenses,

$63,000,000 of which up to $500,000 shall be used to coordinate

with the Administrator of the Environmental Protection Agency

in the Agency’s study pursuant to H.R. 2361, as passed by the

119 STAT. 2478 PUBLIC LAW 109–115—NOV. 30, 2005

Senate in the first session of the 109th Congress, to assess safety

risks to both persons and the environment with regard to small

engines, as required in Public Law 108–199, including real-world

scenarios involving, among other things, operator burn, fire due

to contact with flammable items, and refueling.

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote

Act of 2002, $14,200,000, of which $2,800,000 shall be transferred

to the National Institute of Standards and Technology for election

reform activities authorized under the Help America Vote Act of

2002.

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $31,000,000, to be derived from the Bank Insurance

Fund, the Savings Association Insurance Fund, and the FSLIC

Resolution Fund.

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Fed- eral Election Campaign Act of 1971, as amended, $54,700,000,

of which no less than $4,700,000 shall be available for internal

automated data processing systems, and of which not to exceed

$5,000 shall be available for reception and representation expenses.

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

services authorized by 5 U.S.C. 3109, and including hire of experts

and consultants, hire of passenger motor vehicles, and rental of

conference rooms in the District of Columbia and elsewhere,

$25,468,000: Provided, That public members of the Federal Service

Impasses Panel may be paid travel expenses and per diem in

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences

shall be credited to and merged with this account, to be available

without further appropriation for the costs of carrying out these

conferences.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2479

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act, 1936,

as amended (46 U.S.C. App. 1111), including services as authorized

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized

by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as

authorized by 5 U.S.C. 5901–5902, $20,499,000: Provided, That

not to exceed $2,000 shall be available for official reception and

representation expenses.

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

To carry out the purposes of the Fund established pursuant

to section 210(f) of the Federal Property and Administrative Services

Act of 1949, as amended (40 U.S.C. 592), the revenues and collections deposited into the Fund shall be available for necessary

expenses of real property management and related activities not

otherwise provided for, including operation, maintenance, and

protection of federally owned and leased buildings; rental of

buildings in the District of Columbia; restoration of leased premises;

moving governmental agencies (including space adjustments and

telecommunications relocation expenses) in connection with the

assignment, allocation and transfer of space; contractual services

incident to cleaning or servicing buildings, and moving; repair and

alteration of federally owned buildings including grounds,

approaches and appurtenances; care and safeguarding of sites;

maintenance, preservation, demolition, and equipment; acquisition

of buildings and sites by purchase, condemnation, or as otherwise

authorized by law; acquisition of options to purchase buildings

and sites; conversion and extension of federally owned buildings;

preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such

buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and

purchase contract; in the aggregate amount of $7,752,745,000, of

which: (1) $792,056,000 shall remain available until expended for

construction (including funds for sites and expenses and associated

design and construction services) of additional projects at the following locations:

New Construction:

Alabama:

Tuscaloosa, Federal Building, $34,500,000.

California:

San Diego, United States Courthouse,

$230,803,000.

Colorado:

Lakewood, Denver Federal Center Infrastructure,

$4,658,000.

119 STAT. 2480 PUBLIC LAW 109–115—NOV. 30, 2005

District of Columbia:

Coast Guard Consolidation, $24,900,000.

St. Elizabeths West Campus Infrastructure, $13,095,000.

Southeast Federal Center Site Remediation,

$15,000,000.

Illinois:

Rockford Federal Courthouse, $34,500,000.

Maine:

Calais, Border Station, $50,146,000.

Jackman, Border Station, $12,788,000.

Maryland:

Montgomery County, Food and Drug Administration Consolidation, $127,600,000.

Mississippi:

Jackson, United States Courthouse, $8,750,000.

Missouri:

Jefferson City, United States Courthouse,

$5,200,000.

New York:

Champlain, Border Station, $52,510,000.

Massena, Border Station, $49,783,000.

Texas:

Austin, United States Courthouse, $3,000,000.

Washington:

Blaine, Peace Arch Border Station, $46,534,000.

Material Price Increases for the following existing projects:

U.S. Mission to the United Nations, New York City, New York;

FBI Office, Houston, Texas; Border Station, Del Rio, Texas;

United States Courthouse, Cape Girardeau, Missouri; United

States Courthouse, El Paso, Texas; Border Station, El Paso,

Texas; and United States Courthouse, Las Cruces, New Mexico,

$66,789,000.

Non-prospectus Construction, $9,500,000:

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected

in other such projects, but not to exceed 10 percent of the amounts

included in an approved prospectus, if required, unless advance

approval is obtained from the Committees on Appropriations of

a greater amount: Provided further, That all funds for direct

construction projects shall expire on September 30, 2007 and remain

in the Federal Buildings Fund except for funds for projects as

to which funds for design or other funds have been obligated in

whole or in part prior to such date; (2) $861,376,000 shall remain

available until expended for repairs and alterations, which includes

associated design and construction services:

Repairs and Alterations:

Arizona:

Tucson, James A. Walsh United States Courthouse, $16,136,000.

District of Columbia:

For transfer to the Navy for certain permanent

relocation expenses pursuant to section 1(e) of Public

Law 108–268, $2,000,000.

Eisenhower Executive Office Building,

$33,417,000.

Federal Office Building 8, $47,769,000.

Expiration date.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2481

Heating, Operation, and Transmission District Repair, $18,783,000. Herbert C. Hoover Building, $54,491,000.

Main Interior Federal Building, $41,399,000.

Georgia:

Atlanta, Martin Luther King, Jr., Federal

Building, $30,129,000.

New York:

Brooklyn, Emanuel Celler Courthouse,

$96,924,000.

New York City, James Watson Federal Building

and United States Courthouse, $9,721,000.

Special Emphasis Programs:

Chlorofluorocarbons Program, $10,000,000.

Energy Program, $28,000,000.

Glass Fragmentation Program, $15,700,000.

Design Program, $21,915,000.

Basic Repairs and Alterations, $434,992,000:

Provided further, That funds made available in this or any previous

Act in the Federal Buildings Fund for Repairs and Alterations

shall, for prospectus projects, be limited to the amount identified

for each project, except each project in this or any previous Act

may be increased by an amount not to exceed 10 percent unless

advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects

for which prospectuses have been fully approved may be funded

under this category only if advance approval is obtained from the

Committees on Appropriations: Provided further, That the amounts

provided in this or any prior Act for ‘‘Repairs and Alterations’’

may be used to fund costs associated with implementing security

improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance

with the reprogramming guidelines of the appropriate Committees

of the House and Senate: Provided further, That the difference

between the funds appropriated and expended on any projects in

this or any prior Act, under the heading ‘‘Repairs and Alterations’’,

may be transferred to Basic Repairs and Alterations or used to

fund authorized increases in prospectus projects: Provided further,

That all funds for repairs and alterations prospectus projects shall

expire on September 30, 2007 and remain in the Federal Buildings

Fund except funds for projects as to which funds for design or

other funds have been obligated in whole or in part prior to such

date: Provided further, That the amount provided in this or any

prior Act for Basic Repairs and Alterations may be used to pay

claims against the Government arising from any projects under

the heading ‘‘Repairs and Alterations’’ or used to fund authorized

increases in prospectus projects; (3) $168,180,000 for installment

acquisition payments including payments on purchase contracts

which shall remain available until expended; (4) $4,046,031,000

for rental of space which shall remain available until expended;

and (5) $1,885,102,000 for building operations which shall remain

available until expended: Provided further, That funds available

to the General Services Administration shall not be available for

expenses of any construction, repair, alteration and acquisition

project for which a prospectus, if required by the Public Buildings

Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses

Expiration date.

119 STAT. 2482 PUBLIC LAW 109–115—NOV. 30, 2005

for the development of a proposed prospectus: Provided further,

That funds available in the Federal Buildings Fund may be

expended for emergency repairs when advance approval is obtained

from the Committees on Appropriations: Provided further, That,

notwithstanding any other provision of law, the Administrator of

the General Services Administration is authorized and directed

to proceed with site, design, acquisition, and construction for a

new courthouse in Jefferson City, Missouri, of which planning and

design funding is provided in this Act: Provided further, That

amounts necessary to provide reimbursable special services to other

agencies under section 210(f)(6) of the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C.

592(b)(2)) and amounts to provide such reimbursable fencing,

lighting, guard booths, and other facilities on private or other

property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its

protective functions pursuant to 18 U.S.C. 3056, shall be available

from such revenues and collections: Provided further, That revenues

and collections and any other sums accruing to this Fund during

fiscal year 2006, excluding reimbursements under section 210(f)(6)

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational

authority authorized for Real Property Activities of the Federal

Buildings Fund in this Act shall remain in the Fund and shall

not be available for expenditure except as authorized in appropriations Acts.

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for,

for Government-wide policy and evaluation activities associated

with the management of real and personal property assets and

certain administrative services; Government-wide policy support

responsibilities relating to acquisition, telecommunications,

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $52,796,000.

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; providing Internet access to Federal information and services; agencywide policy direction and management, and Board of Contract

Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United

States Court of Federal Claims; services as authorized by 5 U.S.C.

3109; and not to exceed $7,500 for official reception and representation expenses, $99,890,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and

service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That

not to exceed $15,000 shall be available for payment for information

and detection of fraud against the Government, including payment

for recovery of stolen Government property: Provided further, That

Missouri.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2483

not to exceed $2,500 shall be available for awards to employees

of other Federal agencies and private citizens in recognition of

efforts and initiatives resulting in enhanced Office of Inspector

General effectiveness.

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that

enable the Federal Government to expand its ability to conduct

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods,

$3,000,000, to remain available until expended: Provided, That

these funds may be transferred to Federal agencies to carry out

the purposes of the Fund: Provided further, That this transfer

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not

be made until 10 days after a proposed spending plan and justification for each project to be undertaken has been submitted to the

Committees on Appropriations.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958,

as amended (3 U.S.C. 102 note), and Public Law 95–138, $2,952,000:

Provided, That the Administrator of General Services shall transfer

to the Secretary of the Treasury such sums as may be necessary

to carry out the provisions of such Acts.

FEDERAL CITIZEN INFORMATION CENTER FUND

For necessary expenses of the Federal Citizen Information

Center, including services authorized by 5 U.S.C. 3109, $15,000,000,

to be deposited into the Federal Citizen Information Center Fund:

Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of

Federal Citizen Information Center activities in the aggregate

amount not to exceed $32,000,000. Appropriations, revenues, and

collections accruing to this Fund during fiscal year 2006 in excess

of such amount shall remain in the Fund and shall not be available

for expenditure except as authorized in appropriations Acts.

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 601. The appropriate appropriation or fund available to

the General Services Administration shall be credited with the

cost of operation, protection, maintenance, upkeep, repair, and

improvement, included as part of rentals received from Government

corporations pursuant to law (40 U.S.C. 129).

SEC. 602. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

SEC. 603. Funds in the Federal Buildings Fund made available

for fiscal year 2006 for Federal Buildings Fund activities may

be transferred between such activities only to the extent necessary

Deadline.

119 STAT. 2484 PUBLIC LAW 109–115—NOV. 30, 2005

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.

SEC. 604. Except as otherwise provided in this title, no funds

made available by this Act shall be used to transmit a fiscal year

2007 request for United States Courthouse construction that: (1)

does not meet the design guide standards for construction as established and approved by the General Services Administration, the

Judicial Conference of the United States, and the Office of Management and Budget; and (2) does not reflect the priorities of the

Judicial Conference of the United States as set out in its approved

5-year construction plan: Provided, That the fiscal year 2007 request

must be accompanied by a standardized courtroom utilization study

of each facility to be constructed, replaced, or expanded.

SEC. 605. None of the funds provided in this Act may be

used to increase the amount of occupiable square feet, provide

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency

that does not pay the rate per square foot assessment for space

and services as determined by the General Services Administration

in compliance with the Public Buildings Amendments Act of 1972

(Public Law 92–313).

SEC. 606. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims

against the Government of less than $250,000 arising from direct

construction projects and acquisition of buildings may be liquidated

from savings effected in other construction projects with prior

notification to the Committees on Appropriations.

SEC. 607. The General Services Administration shall conduct

a program to promote the use of stairs in all Federal buildings.

SEC. 608. No funds shall be used by the General Services

Administration to reorganize its organizational structure without

approval by the House and Senate Committees on Appropriations

through an operating plan change.

SEC. 609. In the case of any General Services Administration

(GSA) project subject to its published design criteria or specifications of any solicitations for offers issued for construction of a

Federal building or courthouse and to the extent GSA utilizes,

references or relies on any sustainable building rating systems

that award credit for certified wood products, GSA shall ensure

credit under its procedures and requirements to any project that

uses wood or wood products certified by a credible third party

sustainable forest certification program, including the Sustainable

Forestry Initiative and the Forest Stewardship Council: Provided,

That not later than 60 days after enactment of this Act, the

Administrator shall report to the relevant congressional committees

of jurisdiction on the progress and next steps toward recognition

of other credible sustainable building rating systems within the

GSA sustainable building procurement process.

SEC. 610. For purposes of the eTravel system, no less than

23 percent of all subcontracted dollars shall be allocated to small

businesses.

Deadline.

Reports.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2485

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), as

amended, including services as authorized by 5 U.S.C. 3109, rental

of conference rooms in the District of Columbia and elsewhere,

hire of passenger motor vehicles, direct procurement of survey

printing, and not to exceed $2,000 for official reception and representation expenses, $35,600,000 together with not to exceed

$2,605,000 for administrative expenses to adjudicate retirement

appeals to be transferred from the Civil Service Retirement and

Disability Fund in amounts determined by the Merit Systems

Protection Board.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Trust Fund, pursuant to the

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C.

5601 et seq.), $2,000,000, to remain available until expended, of

which up to $50,000 shall be used to conduct financial audits

pursuant to the Accountability of Tax Dollars Act of 2002 (Public

Law 107–289) notwithstanding sections 8 and 9 of Public Law

102–259: Provided, That up to 60 percent of such funds may be

transferred by the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Foundation for the necessary

expenses of the Native Nations Institute.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund

to carry out activities authorized in the Environmental Policy and

Conflict Resolution Act of 1998, $1,900,000, to remain available

until expended.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration

of the National Archives and Records Administration (including

the Information Security Oversight Office) and archived Federal

records and related activities, as provided by law, and for expenses

necessary for the review and declassification of documents, and

for the hire of passenger motor vehicles, $283,045,000: Provided,

That the Archivist of the United States is authorized to use any

119 STAT. 2486 PUBLIC LAW 109–115—NOV. 30, 2005

excess funds available from the amount borrowed for construction

of the National Archives facility, for expenses necessary to provide

adequate storage for holdings: Provided further, That of the funds

provided in this paragraph, $2,000,000 shall be for initial move

of records, staffing, and operations of the Nixon Library.

ELECTRONIC RECORDS ARCHIVES

For necessary expenses in connection with the development

of the electronic records archives, to include all direct project costs

associated with research, analysis, design, development, and program management, $37,914,000, of which $22,000,000 shall remain

available until September 30, 2008: Provided, That none of the

multi-year funds may be obligated until the National Archives

and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure

that: (1) meets the capital planning and investment control review

requirements established by the Office of Management and Budget,

including Circular A–11; (2) complies with the National Archives

and Records Administration’s enterprise architecture; (3) conforms

with the National Archives and Records Administration’s enterprise

life cycle methodology; (4) is approved by the National Archives

and Records Administration and the Office of Management and

Budget; (5) has been reviewed by the Government Accountability

Office; and (6) complies with the acquisition rules, requirements,

guidelines, and systems acquisition management practices of the

Federal Government.

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $9,682,000, to

remain available until expended, of which $1,500,000 is to construct

a new regional archives and records facility in Anchorage, Alaska,

and of which $1,000,000 is for the repair and restoration of the

plaza that surrounds the Lyndon Baines Johnson Presidential

Library that is under the joint control and custody of the University

of Texas: Provided, That such funds may be transferred directly

to the University and used, together with University funds, for

repair and restoration of the plaza and remain available until

expended for this purpose: Provided further, That such funds shall

be spent in accordance with the construction plan submitted to

the Committees on Appropriations on March 14, 2005: Provided

further, That the Archivist shall be prohibited from entering into

any agreement with the University or any other party that requires

additional funding commitments on behalf of the Federal Government.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for allocations and grants for historical

publications and records as authorized by 44 U.S.C. 2504, as

amended, $7,500,000, to remain available until expended: Provided,

That of the funds provided in this paragraph, $2,000,000 shall

be transferred to the operating expenses account for operating

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2487

expenses of the National Historical Publications and Records

Administration.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2006, gross obligations of the Central

Liquidity Facility for the principal amount of new direct loans

to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,

shall not exceed $1,500,000,000: Provided, That administrative

expenses of the Central Liquidity Facility in fiscal year 2006 shall

not exceed $323,000.

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000

shall be available until September 30, 2007 for technical assistance

to low-income designated credit unions, and amounts of principal

and interest on loans repaid shall be available until expended

for low-income designated credit unions.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

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

not to exceed the per diem rate equivalent to the rate for a GS–

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.

5901–5902) $76,700,000, of which not to exceed $2,000 may be

used for official reception and representation expenses.

(RESCISSION)

Of the available unobligated balances made available under Public Law 106–246, $1,000,000 are rescinded.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

8107), $118,000,000, of which $5,000,000 shall be for a multi-family

rental housing program.

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Government Ethics pursuant to the Ethics in Government Act

of 1978, as amended, and the Ethics Reform Act of 1989, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

119 STAT. 2488 PUBLIC LAW 109–115—NOV. 30, 2005

vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,148,000.

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109; medical examinations

performed for veterans by private physicians on a fee basis; rental

of conference rooms in the District of Columbia and elsewhere;

hire of passenger motor vehicles; not to exceed $2,500 for official

reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management

and the Federal Bureau of Investigation for expenses incurred

under Executive Order No. 10422 of January 9, 1953, as amended;

and payment of per diem and/or subsistence allowances to

employees where Voting Rights Act activities require an employee

to remain overnight at his or her post of duty, $122,521,000, of

which $6,983,000 shall remain available until expended for the

Enterprise Human Resources Integration project; $1,450,000 shall

remain available until expended for the Human Resources Line

of Business project; $500,000 shall remain available until expended

for the E-Training project; and $1,412,000 shall remain available

until expended until September 30, 2007 for the E-Payroll project;

and in addition $100,017,000 for administrative expenses, to be

transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including

direct procurement of printed materials, for the retirement and

insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds

as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5,

United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal

Examining Unit of the Office of Personnel Management established

pursuant to Executive Order No. 9358 of July 1, 1943, or any

successor unit of like purpose: Provided further, That the President’s

Commission on White House Fellows, established by Executive

Order No. 11183 of October 3, 1964, may, during fiscal year 2006,

accept donations of money, property, and personal services: Provided

further, That such donations, including those from prior years,

may be used for the development of publicity materials to provide

information about the White House Fellows, except that no such

donations shall be accepted for travel or reimbursement of travel

expenses, or for the salaries of employees of such Commission.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act, as

amended, including services as authorized by 5 U.S.C. 3109, hire

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2489

of passenger motor vehicles, $2,071,000, and in addition, not to

exceed $16,329,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel

Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel

Management, as determined by the Inspector General: Provided,

That the Inspector General is authorized to rent conference rooms

in the District of Columbia and elsewhere.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to

retired employees, as authorized by chapter 89 of title 5, United

States Code, and the Retired Federal Employees Health Benefits

Act (74 Stat. 849), as amended, such sums as may be necessary.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to

employees retiring after December 31, 1989, as required by chapter

87 of title 5, United States Code, such sums as may be necessary.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased

annuity benefits becoming effective on or after October 20, 1969,

as authorized by 5 U.S.C. 8348, and annuities under special Acts

to be credited to the Civil Service Retirement and Disability Fund,

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of

August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter

be paid out of the Civil Service Retirement and Disability Fund.

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Special Counsel pursuant to Reorganization Plan Numbered 2

of 1978, the Civil Service Reform Act of 1978 (Public Law 95–

454), as amended, the Whistleblower Protection Act of 1989 (Public

Law 101–12), as amended, Public Law 107–304, and the Uniformed

Services Employment and Reemployment Act of 1994 (Public Law

103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms

in the District of Columbia and elsewhere, and hire of passenger

motor vehicles; $15,325,000.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,

including expenses of attendance at meetings and of training for

uniformed personnel assigned to the Selective Service System, as

authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase

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

33 USC 776.

119 STAT. 2490 PUBLIC LAW 109–115—NOV. 30, 2005

5901–5902; hire of passenger motor vehicles; services as authorized

by 5 U.S.C. 3109; and not to exceed $750 for official reception

and representation expenses; $25,000,000: Provided, That during

the current fiscal year, the President may exempt this appropriation

from the provisions of 31 U.S.C. 1341, whenever the President

deems such action to be necessary in the interest of national

defense: Provided further, That none of the funds appropriated

by this Act may be expended for or in connection with the induction

of any person into the Armed Forces of the United States.

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

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

rooms, and the employment of experts and consultants under section

3109 of title 5, United States Code) of the United States Interagency

Council on Homelessness in carrying out the functions pursuant

to title II of the McKinney-Vento Homeless Assistance Act, as

amended, $1,800,000.

Title II of the McKinney-Vento Homeless Assistance Act, as

amended, is amended in section 209 by striking ‘‘2005’’ and inserting

‘‘2006’’.

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone

on free and reduced rate mail, pursuant to subsections (c) and

(d) of section 2401 of title 39, United States Code, $116,350,000,

of which $73,000,000 shall not be available for obligation until

October 1, 2006: Provided, That mail for overseas voting and mail

for the blind shall continue to be free: Provided further, That

6-day delivery and rural delivery of mail shall continue at not

less than the 1983 level: Provided further, That none of the funds

made available to the Postal Service by this Act shall be used

to implement any rule, regulation, or policy of charging any officer

or employee of any State or local child support enforcement agency,

or any individual participating in a State or local program of child

support enforcement, a fee for information requested or provided

concerning an address of a postal customer: Provided further, That

none of the funds provided in this Act shall be used to consolidate

or close small rural and other small post offices in fiscal year

2006.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other

services as authorized by 5 U.S.C. 3109, $47,998,000: Provided,

That travel expenses of the judges shall be paid upon the written

certificate of the judge.

26 USC 7443

note.

39 USC 403 note.

42 USC 11319.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2491

TITLE VII

GENERAL PROVISIONS THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 701. Such sums as may be necessary for fiscal year 2006

pay raises for programs funded in this Act shall be absorbed within

the levels appropriated in this Act or previous appropriations Acts.

SEC. 702. None of the funds in this Act shall be used for

the planning or execution of any program to pay the expenses

of, or otherwise compensate, non-Federal parties intervening in

regulatory or adjudicatory proceedings funded in this Act.

SEC. 703. None of the funds appropriated in this Act shall

remain available for obligation beyond the current fiscal year, nor

may any be transferred to other appropriations, unless expressly

so provided herein.

SEC. 704. The expenditure of any appropriation under this

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited

to those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

issued pursuant to existing law.

SEC. 705. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 706. None of the funds made available by this Act shall

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to

a Government employee would result in a decision, determination,

rule, regulation, or policy that would prohibit the enforcement of

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

SEC. 707. No part of any appropriation contained in this Act

shall be available to pay the salary for any person filling a position,

other than a temporary position, formerly held by an employee

who has left to enter the Armed Forces of the United States and

has satisfactorily completed his period of active military or naval

service, and has within 90 days after his release from such service

or from hospitalization continuing after discharge for a period of

not more than 1 year, made application for restoration to his former

position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position

and has not been restored thereto.

SEC. 708. No funds appropriated pursuant to this Act may

be expended by an entity unless the entity agrees that in expending

the assistance the entity will comply with sections 2 through 4

of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known

as the ‘‘Buy American Act’’).

SEC. 709. No funds appropriated or otherwise made available

under this Act shall be made available to any person or entity

that has been convicted of violating the Buy American Act (41

U.S.C. 10a–10c).

SEC. 710. Except as otherwise provided in this Act, none of

the funds provided in this Act, provided by previous appropriations

Acts to the agencies or entities funded in this Act that remain

Contracts.

119 STAT. 2492 PUBLIC LAW 109–115—NOV. 30, 2005

available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury derived by the collection

of fees and available to the agencies funded by this Act, shall

be available for obligation or expenditure through a reprogramming

of funds that: (1) creates a new program; (2) eliminates a program,

project, or activity; (3) increases funds or personnel for any program,

project, or activity for which funds have been denied or restricted

by the Congress; (4) proposes to use funds directed for a specific

activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs,

projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities

by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board,

commission, agency, administration, or department different from

the budget justifications submitted to the Committees on Appropriations or the table accompanying the statement of the managers

accompanying this Act, whichever is more detailed, unless prior

approval is received from the House and Senate Committees on

Appropriations: Provided, That not later than 60 days after the

date of enactment of this Act, each agency funded by this Act

shall submit a report to the Committees on Appropriations of the

Senate and of the House of Representatives to establish the baseline

for application of reprogramming and transfer authorities for the

current fiscal year: Provided further, That the report shall include:

(1) a table for each appropriation with a separate column to display

the President’s budget request, adjustments made by Congress,

adjustments due to enacted rescissions, if appropriate, and the

fiscal year enacted level; (2) a delineation in the table for each

appropriation both by object class and program, project, and activity

as detailed in the budget appendix for the respective appropriation;

and (3) an identification of items of special congressional interest:

Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000

per day for each day after the required date that the report has

not been submitted to the Congress.

SEC. 711. Except as otherwise specifically provided by law,

not to exceed 50 percent of unobligated balances remaining available

at the end of fiscal year 2006 from appropriations made available

for salaries and expenses for fiscal year 2006 in this Act, shall

remain available through September 30, 2007, for each such account

for the purposes authorized: Provided, That a request shall be

submitted to the Committees on Appropriations for approval prior

to the expenditure of such funds: Provided further, That these

requests shall be made in compliance with reprogramming guidelines.

SEC. 712. None of the funds made available in this Act may

be used by the Executive Office of the President to request from

the Federal Bureau of Investigation any official background investigation report on any individual, except when—

(1) such individual has given his or her express written

consent for such request not more than 6 months prior to

the date of such request and during the same presidential

administration; or

(2) such request is required due to extraordinary circumstances involving national security.

Deadline.

Reports.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2493

SEC. 713. The cost accounting standards promulgated under

section 26 of the Office of Federal Procurement Policy Act (Public

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a

contract under the Federal Employees Health Benefits Program

established under chapter 89 of title 5, United States Code.

SEC. 714. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction

on unanticipated travel expenses imposed in an Appropriations

Act) funds made available to the Office pursuant to court approval.

SEC. 715. No funds appropriated by this Act shall be available

to pay for an abortion, or the administrative expenses in connection

with any health plan under the Federal employees health benefits

program which provides any benefits or coverage for abortions.

SEC. 716. The provision of section 715 shall not apply where

the life of the mother would be endangered if the fetus were carried

to term, or the pregnancy is the result of an act of rape or incest.

SEC. 717. In order to promote Government access to commercial

information technology, the restriction on purchasing nondomestic

articles, materials, and supplies set forth in the Buy American

Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition

by the Federal Government of information technology (as defined

in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).

SEC. 718. None of the funds made available in the Act may

be used to finalize, implement, administer, or enforce—

(1) the proposed rule relating to the determination that

real estate brokerage is an activity that is financial in nature

or incidental to a financial activity published in the Federal

Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or

(2) the revision proposed in such rule to section 1501.2

of title 12 of the Code of Federal Regulations.

SEC. 719. All Federal agencies and departments that are funded

under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole source contracts by no later

than July 31, 2006. Such report shall include the contractor, the

amount of the contract and the rationale for using a sole source

contract.

SEC. 720. The Secretary of the Treasury may transfer funds

from amounts appropriated under title II of this Act for any costs

necessary to pay for both career and non-career senior Treasury

officials and support staff in locations of economic strategic interest

throughout the world. Such positions would be used to advocate

positions of interest to the United States Government, including

open and fair financial markets, consistent with the Secretary’s

obligation under the Gold Reserve Act of 1934 (48 Stat. 337) to

promote orderly exchange arrangements and an orderly system

of exchange rates. Any transfer shall not be made available until

approved in an operating plan request by the House and Senate

Committees on Appropriations.

SEC. 721. Section 640(c) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106–58; 2 U.S.C. 437g

note), as amended by section 642 of the Treasury and General

Government Appropriations Act, 2002 (Public Law 107–67) and

by section 639 of the Transportation, Treasury, and Independent

Reports.

Deadline.

Contracts.

Abortions.

119 STAT. 2494 PUBLIC LAW 109–115—NOV. 30, 2005

Agencies Appropriations Act, 2004 (Public Law 108–199), is

amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December

31, 2008’’.

SEC. 722. The Secretary of the Treasury may make payments

from the Treasury Forfeiture Fund to reimburse the United States

Secret Service for costs of protecting the Secretary of the Treasury:

Provided, That the United States Secret Service shall provide the

Department of the Treasury with a detailed, itemized list of

expenses associated with such protection: Provided further, That

the Comptroller General shall review all expenditures related to

such protection and shall determine if each expense is a reasonable

and unavoidable cost of this protection: Provided further, That

all such reimbursable expenses shall be subject to a memorandum

of understanding between the Department of the Treasury and

the United States Secret Service.

SEC. 723. Section 101 of the Second Emergency Supplemental

Appropriations Act to Meet Immediate Needs Arising From the

Consequences of Hurricane Katrina, 2005 (Public Law 109–62; 119

Stat. 1992) is repealed.

SEC. 724. (a) IN GENERAL.—None of the funds appropriated

or otherwise made available by this Act may be used for any

Federal Government contract with any foreign incorporated entity

which is treated as an inverted domestic corporation under section

835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b))

or any subsidiary of such an entity.

(b) WAIVERS.—

(1) IN GENERAL.—Any Secretary shall waive subsection (a)

with respect to any Federal Government contract under the

authority of such Secretary if the Secretary determines that

the waiver is required in the interest of national security.

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver

under paragraph (1) shall report such issuance to Congress.

(c) EXCEPTION.—This section shall not apply to any Federal

Government contract entered into before the date of the enactment

of this Act, or to any task order issued pursuant to such contract.

SEC. 725. From funds made available in this Act under the

headings ‘‘White House Office’’, ‘‘Executive Residence at the White

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘National Security Council’’, ‘‘Office of Administration’’, ‘‘Office of Policy Development’’, ‘‘Special Assistance to the

President’’, and ‘‘Official Residence of the Vice President’’, the

Director of the Office of Management and Budget (or such other

officer as the President may designate in writing), may, fifteen

days after giving notice to the House and Senate Committees on

Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and

available for the same time and for the same purposes as the

appropriation to which transferred: Provided, That the amount

of an appropriation shall not be increased by more than 50 percent

by such transfers: Provided further, That no amount shall be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of the Vice President’’ without the approval of the Vice

President.

SEC. 726. No funds in this Act may be used to support any

Federal, State, or local projects that seek to use the power of

eminent domain, unless eminent domain is employed only for a

public use: Provided, That for purposes of this section, public use

Eminent domain.

Memorandum.

Records.

2 USC 437g note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2495

shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use

of funds for mass transit, railroad, airport, seaport or highway

projects as well as utility projects which benefit or serve the general

public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures

designated for use by the general public or which have other

common-carrier or public-utility functions that serve the general

public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to

public health and safety or brownsfield as defined in the Small

Business Liability Relief and Brownsfield Revitalization Act (Public

Law 107–118) shall be considered a public use for purposes of

eminent domain: Provided further, That the Government Accountability Office, in consultation with the National Academy of Public

Administration, organizations representing State and local governments, and property rights organizations, shall conduct a study

to be submitted to the Congress within 12 months of the enactment

of this Act on the nationwide use of eminent domain, including

the procedures used and the results accomplished on a state-bystate basis as well as the impact on individual property owners

and on the affected communities.

TITLE VIII

GENERAL PROVISIONS GOVERNMENT-WIDE

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 801. Funds appropriated in this or any other Act may

be used to pay travel to the United States for the immediate

family of employees serving abroad in cases of death or life threatening illness of said employee.

SEC. 802. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for fiscal year 2006 shall obligate or expend any such funds,

unless such department, agency, or instrumentality has in place,

and will continue to administer in good faith, a written policy

designed to ensure that all of its workplaces are free from the

illegal use, possession, or distribution of controlled substances (as

defined in the Controlled Substances Act (21 U.S.C. 802)) by the

officers and employees of such department, agency, or instrumentality.

SEC. 803. Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded

by not to exceed $3,700 for police-type vehicles, and by not to

exceed $4,000 for special heavy-duty vehicles: Provided further,

That the limits set forth in this section may not be exceeded

by more than 5 percent for electric or hybrid vehicles purchased

for demonstration under the provisions of the Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976:

Provided further, That the limits set forth in this section may

31 USC 1343

note.

Deadline.

119 STAT. 2496 PUBLIC LAW 109–115—NOV. 30, 2005

be exceeded by the incremental cost of clean alternative fuels

vehicles acquired pursuant to Public Law 101–549 over the cost

of comparable conventionally fueled vehicles.

SEC. 804. Appropriations of the executive departments and

independent establishments for the current fiscal year available

for expenses of travel, or for the expenses of the activity concerned,

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.

SEC. 805. Unless otherwise specified during the current fiscal

year, no part of any appropriation contained in this or any other

Act shall be used to pay the compensation of any officer or employee

of the Government of the United States (including any agency

the majority of the stock of which is owned by the Government

of the United States) whose post of duty is in the continental

United States unless such person: (1) is a citizen of the United

States; (2) is a person in the service of the United States on

the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of

the United States prior to such date and is actually residing in

the United States; (3) is a person who owes allegiance to the

United States; (4) is an alien from Cuba, Poland, South Vietnam,

the countries of the former Soviet Union, or the Baltic countries

lawfully admitted to the United States for permanent residence;

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled

in the United States after January 1, 1975; or (6) is a national

of the People’s Republic of China who qualifies for adjustment

of status pursuant to the Chinese Student Protection Act of 1992

(Public Law 102–404): Provided, That for the purpose of this section,

an affidavit signed by any such person shall be considered prima

facie evidence that the requirements of this section with respect

to his or her status have been complied with: Provided further,

That any person making a false affidavit shall be guilty of a

felony, and, upon conviction, shall be fined no more than $4,000

or imprisoned for not more than 1 year, or both: Provided further,

That the above penal clause shall be in addition to, and not in

substitution for, any other provisions of existing law: Provided

further, That any payment made to any officer or employee contrary

to the provisions of this section shall be recoverable in action

by the Federal Government. This section shall not apply to citizens

of Ireland, Israel, or the Republic of the Philippines, or to nationals

of those countries allied with the United States in a current defense

effort, or to international broadcasters employed by the United

States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to

exceed 60 days) as a result of emergencies.

SEC. 806. Appropriations available to any department or agency

during the current fiscal year for necessary expenses, including

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space

and services and those expenses of renovation and alteration of

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.

216), or other applicable law.

SEC. 807. In addition to funds provided in this or any other

Act, all Federal agencies are authorized to receive and use funds

Penalty.

5 USC 3101 note.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2497

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling

or waste prevention programs. Such funds shall be available until

expended for the following purposes:

(1) Acquisition, waste reduction and prevention, and

recycling programs as described in Executive Order No. 13101

(September 14, 1998), including any such programs adopted

prior to the effective date of the Executive order.

(2) Other Federal agency environmental management programs, including, but not limited to, the development and

implementation of hazardous waste management and pollution

prevention programs.

(3) Other employee programs as authorized by law or as

deemed appropriate by the head of the Federal agency.

SEC. 808. Funds made available by this or any other Act for

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States

Code, shall be available, in addition to objects for which such

funds are otherwise available, for rent in the District of Columbia;

services in accordance with 5 U.S.C. 3109; and the objects specified

under this head, all the provisions of which shall be applicable

to the expenditure of such funds unless otherwise specified in

the Act by which they are made available: Provided, That in the

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations

on administrative expenses shall be correspondingly reduced.

SEC. 809. No part of any appropriation for the current fiscal

year contained in this or any other Act shall be paid to any person

for the filling of any position for which he or she has been nominated

after the Senate has voted not to approve the nomination of said

person.

SEC. 810. No part of any appropriation contained in this or

any other Act shall be available for interagency financing of boards

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)

which do not have a prior and specific statutory approval to receive

financial support from more than one agency or instrumentality.

SEC. 811. Funds made available by this or any other Act to

the Postal Service Fund (39 U.S.C. 2003) shall be available for

employment of guards for all buildings and areas owned or occupied

by the Postal Service or under the charge and control of the Postal

Service. The Postal Service may give such guards, with respect

to such property, any of the powers of special policemen provided

under 40 U.S.C. 1315. The Postmaster General, or his designee,

may take any action that the Secretary of Homeland Security

may take under such section with respect to that property.

SEC. 812. None of the funds made available pursuant to the

provisions of this Act shall be used to implement, administer, or

enforce any regulation which has been disapproved pursuant to

a joint resolution duly adopted in accordance with the applicable

law of the United States.

SEC. 813. (a) Notwithstanding any other provision of law, and

except as otherwise provided in this section, no part of any of

the funds appropriated for fiscal year 2006, by this or any other

Act, may be used to pay any prevailing rate employee described

in section 5342(a)(2)(A) of title 5, United States Code—

5 USC 5343 note.

119 STAT. 2498 PUBLIC LAW 109–115—NOV. 30, 2005

(1) during the period from the date of expiration of the

limitation imposed by the comparable section for previous fiscal

years until the normal effective date of the applicable wage

survey adjustment that is to take effect in fiscal year 2006,

in an amount that exceeds the rate payable for the applicable

grade and step of the applicable wage schedule in accordance

with such section; and

(2) during the period consisting of the remainder of fiscal

year 2006, in an amount that exceeds, as a result of a wage

survey adjustment, the rate payable under paragraph (1) by

more than the sum of—

(A) the percentage adjustment taking effect in fiscal

year 2006 under section 5303 of title 5, United States

Code, in the rates of pay under the General Schedule;

and

(B) the difference between the overall average percentage of the locality-based comparability payments taking

effect in fiscal year 2006 under section 5304 of such title

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in

the previous fiscal year under such section.

(b) Notwithstanding any other provision of law, no prevailing

rate employee described in subparagraph (B) or (C) of section

5342(a)(2) of title 5, United States Code, and no employee covered

by section 5348 of such title, may be paid during the periods

for which subsection (a) is in effect at a rate that exceeds the

rates that would be payable under subsection (a) were subsection

(a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an

employee who is covered by this section and who is paid from

a schedule not in existence on September 30, 2005, shall be determined under regulations prescribed by the Office of Personnel

Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed

from the rates in effect on September 30, 2005, except to the

extent determined by the Office of Personnel Management to be

consistent with the purpose of this section.

(e) This section shall apply with respect to pay for service

performed after September 30, 2005.

(f) For the purpose of administering any provision of law

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires

any deduction or contribution, or that imposes any requirement

or limitation on the basis of a rate of salary or basic pay, the

rate of salary or basic pay payable after the application of this

section shall be treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or

require the payment to any employee covered by this section at

a rate in excess of the rate that would be payable were this section

not in effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment

or retention of qualified employees.

SEC. 814. During the period in which the head of any department or agency, or any other officer or civilian employee of the

Applicability.

Regulations.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2499

Government appointed by the President of the United States, holds

office, no funds may be obligated or expended in excess of $5,000

to furnish or redecorate the office of such department head, agency

head, officer, or employee, or to purchase furniture or make

improvements for any such office, unless advance notice of such

furnishing or redecoration is expressly approved by the Committees

on Appropriations. For the purposes of this section, the term ‘‘office’’

shall include the entire suite of offices assigned to the individual,

as well as any other space used primarily by the individual or

the use of which is directly controlled by the individual.

SEC. 815. Notwithstanding section 1346 of title 31, United

States Code, or section 809 of this Act, funds made available for

the current fiscal year by this or any other Act shall be available

for the interagency funding of national security and emergency

preparedness telecommunications initiatives which benefit multiple

Federal departments, agencies, or entities, as provided by Executive

Order No. 12472 (April 3, 1984).

SEC. 816. (a) None of the funds appropriated by this or any

other Act may be obligated or expended by any Federal department,

agency, or other instrumentality for the salaries or expenses of

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of

the Federal department, agency, or other instrumentality employing

the Schedule C appointee that the Schedule C position was not

created solely or primarily in order to detail the employee to the

White House.

(b) The provisions of this section shall not apply to Federal

employees or members of the armed services detailed to or from—

(1) the Central Intelligence Agency;

(2) the National Security Agency;

(3) the Defense Intelligence Agency;

(4) the offices within the Department of Defense for the

collection of specialized national foreign intelligence through

reconnaissance programs;

(5) the Bureau of Intelligence and Research of the Department of State;

(6) any agency, office, or unit of the Army, Navy, Air

Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and

the Department of Energy performing intelligence functions;

and

(7) the Director of National Intelligence or the Office of

the Director of National Intelligence.

SEC. 817. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for the current fiscal year shall obligate or expend any such

funds, unless such department, agency, or instrumentality has in

place, and will continue to administer in good faith, a written

policy designed to ensure that all of its workplaces are free from

discrimination and sexual harassment and that all of its workplaces

are not in violation of title VII of the Civil Rights Act of 1964

(Public Law 88–352, 78 Stat. 241), as amended, the Age Discrimination in Employment Act of 1967 (Public Law 90–202, 81 Stat.

119 STAT. 2500 PUBLIC LAW 109–115—NOV. 30, 2005

602), and the Rehabilitation Act of 1973 (Public Law 93–112, 87

Stat. 355).

SEC. 818. No part of any appropriation contained in this or

any other Act shall be available for the payment of the salary

of any officer or employee of the Federal Government, who—

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee

of the Congress in connection with any matter pertaining to

the employment of such other officer or employee or pertaining

to the department or agency of such other officer or employee

in any way, irrespective of whether such communication or

contact is at the initiative of such other officer or employee

or in response to the request or inquiry of such Member, committee, or subcommittee; or

(2) removes, suspends from duty without pay, demotes,

reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment

right, entitlement, or benefit, or any term or condition of

employment of, any other officer or employee of the Federal

Government, or attempts or threatens to commit any of the

foregoing actions with respect to such other officer or employee,

by reason of any communication or contact of such other officer

or employee with any Member, committee, or subcommittee

of the Congress as described in paragraph (1).

SEC. 819. (a) None of the funds made available in this or

any other Act may be obligated or expended for any employee

training that—

(1) does not meet identified needs for knowledge, skills,

and abilities bearing directly upon the performance of official

duties;

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;

(3) does not require prior employee notification of the content and methods to be used in the training and written end

of course evaluation;

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission

Notice N–915.022, dated September 2, 1988; or

(5) is offensive to, or designed to change, participants’

personal values or lifestyle outside the workplace.

(b) Nothing in this section shall prohibit, restrict, or otherwise

preclude an agency from conducting training bearing directly upon

the performance of official duties.

SEC. 820. No funds appropriated in this or any other Act

may be used to implement or enforce the agreements in Standard

Forms 312 and 4414 of the Government or any other nondisclosure

policy, form, or agreement if such policy, form, or agreement does

not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter

the employee obligations, rights, or liabilities created by Executive

Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United

States Code, as amended by the Military Whistleblower Protection

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2501

Act (governing disclosure to Congress by members of the military);

section 2302(b)(8) of title 5, United States Code, as amended by

the Whistleblower Protection Act (governing disclosures of illegality,

waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)

(governing disclosures that could expose confidential Government

agents); and the statutes which protect against disclosure that

may compromise the national security, including sections 641, 793,

794, 798, and 952 of title 18, United States Code, and section

4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).

The definitions, requirements, obligations, rights, sanctions, and

liabilities created by said Executive order and listed statutes are

incorporated into this agreement and are controlling.’’: Provided,

That notwithstanding the preceding paragraph, a nondisclosure

policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related

activity, other than an employee or officer of the United States

Government, may contain provisions appropriate to the particular

activity for which such document is to be used. Such form or

agreement shall, at a minimum, require that the person will not

disclose any classified information received in the course of such

activity unless specifically authorized to do so by the United States

Government. Such nondisclosure forms shall also make it clear

that they do not bar disclosures to Congress or to an authorized

official of an executive agency or the Department of Justice that

are essential to reporting a substantial violation of law.

SEC. 821. No part of any funds appropriated in this or any

other Act shall be used by an agency of the executive branch,

other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,

distribution or use of any kit, pamphlet, booklet, publication, radio,

television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the

Congress itself.

SEC. 822. None of the funds appropriated by this or any other

Act may be used by an agency to provide a Federal employee’s

home address to any labor organization except when the employee

has authorized such disclosure or when such disclosure has been

ordered by a court of competent jurisdiction.

SEC. 823. None of the funds made available in this Act or

any other Act may be used to provide any non-public information

such as mailing or telephone lists to any person or any organization

outside of the Federal Government without the approval of the

Committees on Appropriations.

SEC. 824. No part of any appropriation contained in this or

any other Act shall be used directly or indirectly, including by

private contractor, for publicity or propaganda purposes within

the United States not heretofor authorized by the Congress.

SEC. 825. (a) In this section the term ‘‘agency’’—

(1) means an Executive agency as defined under section

105 of title 5, United States Code;

(2) includes a military department as defined under section

102 of such title, the Postal Service, and the Postal Rate

Commission; and

(3) shall not include the Government Accountability Office.

(b) Unless authorized in accordance with law or regulations

to use such time for other purposes, an employee of an agency

119 STAT. 2502 PUBLIC LAW 109–115—NOV. 30, 2005

shall use official time in an honest effort to perform official duties.

An employee not under a leave system, including a Presidential

appointee exempted under section 6301(2) of title 5, United States

Code, has an obligation to expend an honest effort and a reasonable

proportion of such employee’s time in the performance of official

duties.

SEC. 826. Notwithstanding 31 U.S.C. 1346 and section 810

of this Act, funds made available for the current fiscal year by

this or any other Act to any department or agency, which is a

member of the Federal Accounting Standards Advisory Board

(FASAB), shall be available to finance an appropriate share of

FASAB administrative costs.

SEC. 827. Notwithstanding 31 U.S.C. 1346 and section 910

of this Act, the head of each Executive department and agency

is hereby authorized to transfer to or reimburse ‘‘General Services

Administration, Government-wide Policy’’ with the approval of the

Director of the Office of Management and Budget, funds made

available for the current fiscal year by this or any other Act,

including rebates from charge card and other contracts: Provided,

That these funds shall be administered by the Administrator of

General Services to support Government-wide financial, information

technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office

of Management and Budget, in consultation with the appropriate

interagency groups designated by the Director (including the Chief

Financial Officers Council and the Joint Financial Management

Improvement Program for financial management initiatives, the

Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital

initiatives, and the Federal Acquisition Council for procurement

initiatives). The total funds transferred or reimbursed shall not

exceed $10,000,000. Such transfers or reimbursements may only

be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget.

SEC. 828. Notwithstanding any other provision of law, a woman

may breastfeed her child at any location in a Federal building

or on Federal property, if the woman and her child are otherwise

authorized to be present at the location.

SEC. 829. Nothwithstanding section 1346 of title 31, United

States Code, or section 810 of this Act, funds made available for

the current fiscal year by this or any other Act shall be available

for the interagency funding of specific projects, workshops, studies,

and similar efforts to carry out the purposes of the National Science

and Technology Council (authorized by Executive Order No. 12881),

which benefit multiple Federal departments, agencies, or entities:

Provided, That the Office of Management and Budget shall provide

a report describing the budget of and resources connected with

the National Science and Technology Council to the Committees

on Appropriations, the House Committee on Science, and the Senate

Committee on Commerce, Science, and Transportation 90 days after

enactment of this Act.

SEC. 830. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving

the distribution of Federal funds shall indicate the agency providing

the funds, the Catalog of Federal Domestic Assistance Number,

Reports.

Deadline.

Breastfeeding.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2503

as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants

received by a State receiving Federal funds.

SEC. 831. Subsection (f) of section 403 of Public Law 103–

356 (31 U.S.C. 501 note), as amended, is further amended by

striking ‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’: Provided,

That this provision shall not apply to the Department of Homeland

Security.

SEC. 832. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available

in this or any other Act may be used by any Federal agency—

(1) to collect, review, or create any aggregation of data,

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use

of any Federal Government Internet site of the agency; or

(2) to enter into any agreement with a third party

(including another government agency) to collect, review, or

obtain any aggregation of data, derived from any means, that

includes any personally identifiable information relating to an

individual’s access to or use of any nongovernmental Internet

site.

(b) EXCEPTIONS.—The limitations established in subsection (a)

shall not apply to—

(1) any record of aggregate data that does not identify

particular persons;

(2) any voluntary submission of personally identifiable

information;

(3) any action taken for law enforcement, regulatory, or

supervisory purposes, in accordance with applicable law; or

(4) any action described in subsection (a)(1) that is a system

security action taken by the operator of an Internet site and

is necessarily incident to providing the Internet site services

or to protecting the rights or property of the provider of the

Internet site.

(c) DEFINITIONS.—For the purposes of this section:

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.

(2) The term ‘‘supervisory’’ means examinations of the

agency’s supervised institutions, including assessing safety and

soundness, overall financial condition, management practices

and policies and compliance with applicable standards as provided in law.

SEC. 833. (a) None of the funds appropriated by this Act may

be used to enter into or renew a contract which includes a provision

providing prescription drug coverage, except where the contract

also includes a provision for contraceptive coverage.

(b) Nothing in this section shall apply to a contract with—

(1) any of the following religious plans:

(A) Personal Care’s HMO; and

(B) OSF HealthPlans, Inc.; and

(2) any existing or future plan, if the carrier for the plan

objects to such coverage on the basis of religious beliefs.

(c) In implementing this section, any plan that enters into

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses

to prescribe or otherwise provide for contraceptives because such

Contracts.

Prescription

drugs.

31 USC 501 note.

Applicability.

119 STAT. 2504 PUBLIC LAW 109–115—NOV. 30, 2005

activities would be contrary to the individual’s religious beliefs

or moral convictions.

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.

SEC. 834. The Congress of the United States recognizes the

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport

in the United States.

SEC. 835. Notwithstanding any other provision of law, funds

appropriated for official travel by Federal departments and agencies

may be used by such departments and agencies, if consistent with

Office of Management and Budget Circular A–126 regarding official

travel for Government personnel, to participate in the fractional

aircraft ownership pilot program.

SEC. 836. Notwithstanding any other provision of law, none

of the funds appropriated or made available under this Act or

any other appropriations Act may be used to implement or enforce

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the

Office of Personnel Management to add sections 300.311 through

300.316 to part 300 of title 5 of the Code of Federal Regulations,

published in the Federal Register, volume 68, number 174, on

September 9, 2003 (relating to the detail of executive branch

employees to the legislative branch).

SEC. 837. (a) Not later than 180 days after the end of the

fiscal year, the head of each Federal agency shall submit a report

to Congress on the amount of the acquisitions made by the agency

from entities that manufacture the articles, materials, or supplies

outside of the United States in that fiscal year.

(b) The report required by subsection (a) shall separately

indicate—

(1) the dollar value of any articles, materials, or supplies

purchased that were manufactured outside of the United States;

(2) an itemized list of all waivers granted with respect

to such articles, materials, or supplies under the Buy American

Act (41 U.S.C. 10a et seq.); and

(3) a summary of the total procurement funds spent on

goods manufactured in the United States versus funds spent

on goods manufactured outside of the United States.

(c) The head of each Federal agency submitting a report under

subsection (a) shall make the report publicly available to the maximum extent practicable.

(d) This section shall not apply to acquisitions made by an

agency, or component thereof, that is an element of the intelligence

community as set forth in or designated under section 3(4) of

the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 838. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,

to be used for the purpose of conducting Federal law enforcement

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center

is authorized to obtain the temporary use of additional facilities

by lease, contract, or other agreement for training which cannot

be accommodated in existing Center facilities.

SEC. 839. Notwithstanding section 1346 of title 31, United

States Code, and section 809 of this Act and any other provision

Public

information.

Deadline.

Reports.

Sports.

Drugs and drug

abuse.

Abortions.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2505

of law, the head of each appropriate executive department and

agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act

for the purposes described below, and shall submit budget requests

for such purposes. These funds shall be administered by the Federal

Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to

ensure the uninterrupted, continuous operation of the Midway Atoll

Airfield by the Federal Aviation Administration pursuant to an

operational agreement with the Department of the Interior for

the entirety of fiscal year 2006 and any period thereafter that

precedes the enactment of the Transportation, Treasury, the

Judiciary, Housing and Urban Development, and Related Agencies

Appropriations Act, 2007. The Director of the Office of Management

and Budget shall mandate the necessary transfers after determining

an equitable allocation between the appropriate executive departments and agencies of the responsibility for funding the continuous

operation of the Midway Atoll Airfield based on, but not limited

to, potential use, interest in maintaining aviation safety, and

applicability to governmental operations and agency mission. The

total funds transferred or reimbursed shall not exceed $6,000,000

for any twelve-month period. Such sums shall be sufficient to ensure

continued operation of the airfield throughout the period cited

above. Funds shall be available for operation of the airfield or

airfield-related capital upgrades. The Director of the Office of

Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this

Act. Such transfers or reimbursements shall begin within 30 days

of enactment of this Act.

SEC. 840. Section 4(b) of the Federal Activities Inventory

Reform Act of 1998 (Public Law 105–270) is amended by adding

at the end the following new paragraph:

‘‘(5) Executive agencies with fewer than 100 full-time

employees as of the first day of the fiscal year. However, such

an agency shall be subject to section 2 to the extent it plans

to conduct a public-private competition for the performance

of an activity that is not inherently governmental.’’.

SEC. 841. (a) No funds shall be available for transfers or

reimbursements to the E-Government Initiatives sponsored by the

Office of Management and Budget (OMB) prior to 15 days following

submission of a report to the Committees on Appropriations by

the Director of the Office of Management and Budget and receipt

of approval to transfer funds by the House and Senate Committees

on Appropriations.

(b) The report in (a) shall detail—

(1) the amount proposed for transfer for any department

and agency by program office, bureau, or activity, as appropriate;

(2) the specific use of funds;

(3) the relevance of that use to that department or agency

and each bureau or office within, which is contributing funds;

and

(4) a description on any such activities for which funds

were appropriated that will not be implemented or partially

implemented by the department or agency as a result of the

transfer.

Reports.

31 USC 501 note.

Deadline.

Notification.

Deadline.

Midway Atoll

Airfield.

Contracts.

119 STAT. 2506 PUBLIC LAW 109–115—NOV. 30, 2005

SEC. 842. (a) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.—

(1) Notwithstanding any other provision of law, none of

the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function

of an executive agency, that on or after the date of enactment

of this Act, is performed by more than 10 Federal employees

unless—

(A) the conversion is based on the result of a publicprivate competition that includes a most efficient and cost

effective organization plan developed by such activity or

function; and

(B) the Competitive Sourcing Official determines that,

over all performance periods stated in the solicitation of

offers for performance of the activity or function, the cost

of performance of the activity or function by a contractor

would be less costly to the executive agency by an amount

that equals or exceeds the lesser of—

(i) 10 percent of the most efficient organization’s

personnel-related costs for performance of that activity

or function by Federal employees; or

(ii) $10,000,000.

(2) This paragraph shall not apply to—

(A) the Department of Defense;

(B) section 44920 of title 49, United States Code;

(C) a commercial or industrial type function that—

(i) is included on the procurement list established

pursuant to section 2 of the Javits-Wagner-O’Day Act

(41 U.S.C. 47); or

(ii) is planned to be converted to performance by

a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped

individuals in accordance with that Act;

(D) depot contracts or contracts for depot maintenance

as provided in sections 2469 and 2474 of title 10, United

States Code; or

(E) activities that are the subject of an ongoing competition that was publicly announced prior to the date

of enactment of this Act.

(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office

of Management and Budget Circular A–76 shall prevent the head

of an executive agency from conducting a public-private competition

to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances.

The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may

result in the conversion of work from performance by Federal

employees to performance by a contractor.

SEC. 843. (a) The adjustment in rates of basic pay for employees

under the statutory pay systems that takes effect in fiscal year

2006 under sections 5303 and 5304 of title 5, United States Code,

shall be an increase of 3.1 percent, and this adjustment shall

apply to civilian employees in the Department of Defense and

the Department of Homeland Security and such adjustments shall

be effective as of the first day of the first applicable pay period

beginning on or after January 1, 2006.

Pay increase.

Effective date.

5 USC 5303 note.

Contracts.

Procedures.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2507

(b) Notwithstanding section 813 of this Act, the adjustment

in rates of basic pay for the statutory pay systems that take place

in fiscal year 2006 under sections 5344 and 5348 of title 5, United

States Code, shall be no less than the percentage in paragraph

(a) as employees in the same location whose rates of basic pay

are adjusted pursuant to the statutory pay systems under section

5303 and 5304 of title 5, United States Code. Prevailing rate

employees at locations where there are no employees whose pay

is increased pursuant to sections 5303 and 5304 of title 5 and

prevailing rate employees described in section 5343(a)(5) of title

5 shall be considered to be located in the pay locality designated

as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes

of this paragraph.

(c) Funds used to carry out this section shall be paid from

appropriations, which are made to each applicable department or

agency for salaries and expenses for fiscal year 2006.

SEC. 844. Unless otherwise authorized by existing law, none

of the funds provided in this Act or any other Act may be used

by an executive branch agency to produce any prepackaged news

story intended for broadcast or distribution in the United States,

unless the story includes a clear notification within the text or

audio of the prepackaged news story that the prepackaged news

story was prepared or funded by that executive branch agency.

SEC. 845. None of the funds made available in this Act may

be used in contravention of section 552a of title 5, United States

Code (popularly known as the Privacy Act) or of section 552.224

of title 48 of the Code of Federal Regulations.

SEC. 846. Each executive department and agency shall evaluate

the creditworthiness of an individual before issuing the individual

a government travel charge card. The department or agency may

not issue a government travel charge card to an individual that

either lacks a credit history or is found to have an unsatisfactory

credit history as a result of this evaluation: Provided, That this

restriction shall not preclude issuance of a restricted-use charge,

debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history

where such card is used to pay travel expenses and the agency

determines there is no suitable alternative payment mechanism

available before issuing the card; or (2) an individual who lacks

a credit history. Each executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken

against agency personnel for improper, fraudulent, or abusive use

of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at

establishments, that are inconsistent with the official business of

the Department or agency or with applicable standards of conduct.

SEC. 847. Except as expressly provided otherwise, any reference

to ‘‘this Act’’ contained in this division shall be treated as referring

only to the provisions of this division.

This division may be cited as the ‘‘Transportation, Treasury,

Housing and Urban Development, the Judiciary, and Independent

Agencies Appropriations Act, 2006’’.

1 USC 1 note.

Guidelines.

Procedures.

5 USC 5701 note.

119 STAT. 2508 PUBLIC LAW 109–115—NOV. 30, 2005

DIVISION B—DISTRICT OF COLUMBIA APPROPRIATIONS

ACT, 2006

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

the Treasury not otherwise appropriated, for the District of

Columbia and related agencies for the fiscal year ending September

30, 2006, and for other purposes, namely:

DISTRICT OF COLUMBIA

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be

deposited into a dedicated account, for a nationwide program to

be administered by the Mayor, for District of Columbia resident

tuition support, $33,200,000, to remain available until expended:

Provided, That such funds, including any interest accrued thereon,

may be used on behalf of eligible District of Columbia residents

to pay an amount based upon the difference between in-State and

out-of-State tuition at public institutions of higher education, or

to pay up to $2,500 each year at eligible private institutions of

higher education: Provided further, That the awarding of such funds

may be prioritized on the basis of a resident’s academic merit,

the income and need of eligible students and such other factors

as may be authorized: Provided further, That the District of

Columbia government shall maintain a dedicated account for the

Resident Tuition Support Program that shall consist of the Federal

funds appropriated to the Program in this Act and any subsequent

appropriations, any unobligated balances from prior fiscal years,

and any interest earned in this or any fiscal year: Provided further,

That the account shall be under the control of the District of

Columbia Chief Financial Officer, who shall use those funds solely

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial

Officer shall provide a quarterly financial report to the Committees

on Appropriations of the House of Representatives and Senate

for these funds showing, by object class, the expenditures made

and the purpose therefor: Provided further, That not more than

$1,200,000 of the total amount appropriated for this program may

be used for administrative expenses.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For necessary expenses, as determined by the Mayor of the

District of Columbia in written consultation with the elected county

or city officials of surrounding jurisdictions, $13,500,000, to remain

available until expended, to reimburse the District of Columbia

for the costs of providing public safety at events related to the

presence of the national capital in the District of Columbia and

for the costs of providing support to respond to immediate and

specific terrorist threats or attacks in the District of Columbia

or surrounding jurisdictions: Provided, That any amount provided

under this heading shall be available only after such amount has

been apportioned pursuant to chapter 15 of title 31, United States

Code.

Reports.

District of

Columbia

Appropriations

Act, 2006.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2509

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $218,912,000, to be allocated as follows: for the District of Columbia

Court of Appeals, $9,198,000, of which not to exceed $1,500 is

for official reception and representation expenses; for the District

of Columbia Superior Court, $87,342,000, of which not to exceed

$1,500 is for official reception and representation expenses; for

the District of Columbia Court System, $41,643,000, of which not

to exceed $1,500 is for official reception and representation

expenses; and $80,729,000, to remain available until September

30, 2007, for capital improvements for District of Columbia courthouse facilities: Provided, That notwithstanding any other provision

of law, a single contract or related contracts for development and

construction of facilities may be employed which collectively include

the full scope of the project: Provided further, That the solicitation

and contract shall contain the clause ‘‘availability of Funds’’ found

at 48 CFR 52.232–18: Provided further, That funds made available

for capital improvements shall be expended consistent with the

General Services Administration master plan study and building

evaluation report: Provided further, That notwithstanding any other

provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and

obligated and expended in the same manner as funds appropriated

for salaries and expenses of other Federal agencies, with payroll

and financial services to be provided on a contractual basis with

the General Services Administration (GSA), and such services shall

include the preparation of monthly financial reports, copies of which

shall be submitted directly by GSA to the President and to the

Committees on Appropriations of the House of Representatives and

Senate, the Committee on Government Reform of the House of

Representatives, and the Committee on Governmental Affairs of

the Senate: Provided further, That 30 days after providing written

notice to the Committees on Appropriations of the House of Representatives and Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this

heading among the items and entities funded under this heading

for operations, and not more than 4 percent of the funds provided

under this heading for facilities.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section

11–2605, D.C. Official Code (relating to representation provided

under the District of Columbia Criminal Justice Act), payments

for counsel appointed in proceedings in the Family Court of the

Superior Court of the District of Columbia under chapter 23 of

title 16, D.C. Official Code, or pursuant to contractual agreements

to provide guardian ad litem representation, training, technical

assistance and such other services as are necessary to improve

the quality of guardian ad litem representation, payments for

counsel appointed in adoption proceedings under chapter 3 of title

16, D.C. Code, and payments for counsel authorized under section

21–2060, D.C. Official Code (relating to representation provided

under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $44,000,000,

to remain available until expended: Provided, That the funds provided in this Act under the heading ‘‘Federal Payment to the

Deadline.

Notification.

Contracts.

Reports.

119 STAT. 2510 PUBLIC LAW 109–115—NOV. 30, 2005

District of Columbia Courts’’ (other than the $80,729,000 provided

under such heading for capital improvements for District of

Columbia courthouse facilities) may also be used for payments

under this heading: Provided further, That in addition to the funds

provided under this heading, the Joint Committee on Judicial

Administration in the District of Columbia may use funds provided

in this Act under the heading ‘‘Federal Payment to the District

of Columbia Courts’’ (other than the $80,729,000 provided under

such heading for capital improvements for District of Columbia

courthouse facilities), to make payments described under this

heading for obligations incurred during any fiscal year: Provided

further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the

District of Columbia: Provided further, That notwithstanding any

other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and

expended in the same manner as funds appropriated for expenses

of other Federal agencies, with payroll and financial services to

be provided on a contractual basis with the General Services

Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted

directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives,

and the Committee on Governmental Affairs of the Senate.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire

of motor vehicles, of the Court Services and Offender Supervision

Agency for the District of Columbia and the Public Defender Service

for the District of Columbia, as authorized by the National Capital

Revitalization and Self-Government Improvement Act of 1997,

$201,388,000, of which not to exceed $2,000 is for official receptions

and representation expenses related to Community Supervision and

Pretrial Services Agency programs; of which not to exceed $25,000

is for dues and assessments relating to the implementation of

the Court Services and Offender Supervision Agency Interstate

Supervision Act of 2002; of which $129,360,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults

subject to protection orders or the provision of services for or related

to such persons; of which $42,195,000 shall be available to the

Pretrial Services Agency; and of which $29,833,000 shall be transferred to the Public Defender Service for the District of Columbia:

Provided, That notwithstanding any other provision of law, all

amounts under this heading shall be apportioned quarterly by

the Office of Management and Budget and obligated and expended

in the same manner as funds appropriated for salaries and expenses

of other Federal agencies: Provided further, That the Director is

authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant

programs, and equipment and vocational training services to eduRecords. cate and train offenders and defendants: Provided further, That

Public

information.

Contracts.

Reports.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2511

the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso,

and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the D.C. Government for space and services provided

on a cost reimbursable basis: Provided further, That for this fiscal

year and subsequent fiscal years, the Public Defender Service is

authorized to charge fees to cover costs of materials distributed

and training provided to attendees of educational events, including

conferences, sponsored by the Public Defender Service, and notwithstanding section 3302 of title 31, United States Code, said fees

shall be credited to the Public Defender Service account to be

available for use without further appropriation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water

and Sewer Authority, $7,000,000, to remain available until

expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water

and Sewer Authority provides a 100 percent match for this payment.

FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE

For a Federal payment to the District of Columbia Department

of Transportation, $3,000,000, to remain available until September

30, 2007, for design and construction of a continuous pedestrian

and bicycle trail system from the Potomac River to the District’s

border with Maryland.

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating

Council, $1,300,000, to remain available until expended, to support

initiatives related to the coordination of Federal and local criminal

justice resources in the District of Columbia.

FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

For a Federal payment to the District of Columbia Department

of Transportation, $1,000,000, to operate a downtown circulator

transit system.

FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE

DISTRICT OF COLUMBIA

For the Federal payment to the District of Columbia for foster

care improvements, $2,000,000 to remain available until expended:

Provided, That $1,750,000 shall be for the Child and Family Services Agency, of which $1,000,000 shall be for a loan repayment

program for social workers; of which $750,000 shall be for postadoption services: Provided further, That $250,000 shall be for

the Washington Metropolitan Council of Governments, to continue

a program in conjunction with the Foster and Adoptive Parents

Advocacy Center, to provide respite care for and recruitment of

foster parents: Provided further, That these Federal funds shall

119 STAT. 2512 PUBLIC LAW 109–115—NOV. 30, 2005

supplement and not supplant local funds for the purposes described

under this heading.

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

OF THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $29,200,000: Provided, That

these funds shall be available for the projects and in the amounts

specified in the Statement of the Managers on the conference report

accompanying this Act: Provided further, That each entity that

receives funding under this heading shall submit to the Office

of the Chief Financial Officer of the District of Columbia (CFO)

a report on the activities to be carried out with such funds no

later than March 15, 2006, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the House

of Representatives and the Senate no later than June 1, 2006.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program

in the District of Columbia, $40,000,000, to be allocated as follows:

for the District of Columbia Public Schools, $13,000,000 to improve

public school education in the District of Columbia; for the State

Education Office, $13,000,000 to expand quality public charter

schools in the District of Columbia, to remain available until September 30, 2007; for the Secretary of the Department of Education,

$14,000,000 to provide opportunity scholarships for students in

the District of Columbia in accordance with division C, title III

of the District of Columbia Appropriations Act, 2004 (Public Law

108–199; 118 Stat. 126), of which up to $1,000,000 may be used

to administer and fund assessments.

FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS LABORATORY

For a Federal payment to the District of Columbia, $5,000,000,

to remain available until September 30, 2007, for costs associated

with the construction of a bioterrorism and forensics laboratory:

Provided, That the District of Columbia shall provide an additional

$1,500,000 with local funds as a condition of receiving this payment.

FEDERAL PAYMENT FOR THE NATIONAL GUARD YOUTH CHALLENGE

PROGRAM

For a Federal payment for the District of Columbia National

Guard Youth Challenge program, $500,000: Provided, That the

amount appropriated by this heading shall be transferred to the

Secretary of Defense and made available to the Commanding General of the District of Columbia National Guard for activities under

the National Guard Youth Challenge Program under section 509

of title 32, United States Code, and shall be in addition to any

matching funds otherwise required of the District of Columbia

for that Program in fiscal year 2006 under subsection (d)(4) of

such section.

FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT AND IMPROVEMENT

For a Federal payment for marriage development and improve- ment in the District of Columbia, $3,000,000, to remain available

Reports.

Deadlines.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2513

until expended: Provided, That $1,500,000 shall be for the Capital

Area Asset Building Corporation for the establishment of marriage

development accounts in accordance with the requirements in the

accompanying report, of which $400,000 shall be for program planning, marketing, evaluation, and account administration: Provided

further, That $1,500,000 shall be for mentoring, counseling, community outreach, and training and technical assistance, of which

$850,000 shall be for the National Center for Fathering and

$650,000 shall be for the East Capitol Center for Change to carry

out these activities: Provided further, That within 30 days of enactment of this Act, the entities receiving funds under this title shall

submit to the Committees on Appropriations of the House and

Senate, a detailed expenditure plan and program requirements

that comport with the guidance in the accompanying report.

DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia, except as otherwise specifically provided:

Provided, That notwithstanding any other provision of law, except

as provided in section 450A of the District of Columbia Home

Rule Act (D.C. Official Code, section 1–204.50a) and provisions

of this Act, the total amount appropriated in this Act for operating

expenses for the District of Columbia for fiscal year 2006 under

this heading shall not exceed the lesser of the sum of the total

revenues of the District of Columbia for such fiscal year or

$8,700,158,000 (of which $5,007,344,000 shall be from local funds,

$1,921,287,000 shall be from Federal grant funds, $1,754,399,000

shall be from other funds, and $17,129,000 shall be from private

funds), in addition, $163,116,000 from funds previously appropriated in this Act as Federal payments: Provided further, That

of the local funds, $466,894,000 shall be derived from the District’s

general fund balance: Provided further, That of these funds the

District’s intradistrict authority shall be $468,486,000: in addition

for capital construction projects there is appropriated an increase

of $2,820,637,000, of which $1,072,671,000 shall be from local funds,

$49,551,000 from Highway Trust funds, $172,183,000 from the Local

Street Maintenance fund, $378,000,000 from securitization of future

revenue streams, $400,000,000 from Certificates of Participation

financing, $534,800,000 from financing for construction of a baseball

stadium, $213,432,000 from Federal grant funds, and a rescission

of $295,032,000 from local funds appropriated under this heading

in prior fiscal years, for a net amount of $2,525,605,000, to remain

available until expended: Provided further, That the amounts provided under this heading are to be allocated and expended as

proposed under ‘‘Title II—District of Columbia Funds’’ of the Fiscal

Year 2006 Proposed Budget and Financial Plan submitted to the

Congress of the United States by the District of Columbia on

June 6, 2005: Provided further, That this amount may be increased

by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further,

That such increases shall be approved by enactment of local District

law and shall comply with all reserve requirements contained in

the District of Columbia Home Rule Act as amended by this Act:

Provided further, That the Chief Financial Officer of the District

of Columbia shall take such steps as are necessary to assure that

Deadline.

Reports.

119 STAT. 2514 PUBLIC LAW 109–115—NOV. 30, 2005

the District of Columbia meets these requirements, including the

apportioning by the Chief Financial Officer of the appropriations

and funds made available to the District during fiscal year 2006,

except that the Chief Financial Officer may not reprogram for

operating expenses any funds derived from bonds, notes, or other

obligations issued for capital projects.

GENERAL PROVISIONS

SEC. 101. Whenever in this Act, an amount is specified within

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as

the maximum amount that may be expended for said purpose

or object rather than an amount set apart exclusively therefor.

SEC. 102. Appropriations in this Act shall be available for

expenses of travel and for the payment of dues of organizations

concerned with the work of the District of Columbia government,

when authorized by the Mayor, or, in the case of the Council

of the District of Columbia, funds may be expended with the

authorization of the Chairman of the Council.

SEC. 103. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia

government.

SEC. 104. (a) Except as provided in subsection (b), no part

of this appropriation shall be used for publicity or propaganda

purposes or implementation of any policy including boycott designed

to support or defeat legislation pending before Congress or any

State legislature.

(b) The District of Columbia may use local funds provided

in this title to carry out lobbying activities on any matter other

than—

(1) the promotion or support of any boycott; or

(2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia.

(c) Nothing in this section may be construed to prohibit any

elected official from advocating with respect to any of the issues

referred to in subsection (b).

SEC. 105. (a) None of the funds provided under this title to

the agencies funded by this title, both Federal and District government agencies, that remain available for obligation or expenditure

in fiscal year 2006, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this title, shall be available for obligation

or expenditures for an agency through a reprogramming of funds

which—

(1) creates new programs;

(2) eliminates a program, project, or responsibility center;

(3) establishes or changes allocations specifically denied,

limited or increased under this Act;

(4) increases funds or personnel by any means for any

program, project, or responsibility center for which funds have

been denied or restricted;

(5) reestablishes any program or project previously deferred

through reprogramming;

Statehood.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2515

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of

$3,000,000 or 10 percent, whichever is less; or

(7) increases by 20 percent or more personnel assigned

to a specific program, project or responsibility center,

unless the Committees on Appropriations of the House of Representatives and Senate are notified in writing 15 days in advance of

the reprogramming.

(b) None the local funds contained in this Act may be available

for obligation or expenditure for an agency through a transfer

of any local funds in excess of $3,000,000 from one appropriation

heading to another unless the Committees on Appropriations of

the House of Representatives and Senate are notified in writing

15 days in advance of the transfer, except that in no event may

the amount of any funds transferred exceed 4 percent of the local

funds in the appropriations.

SEC. 106. Consistent with the provisions of section 1301(a)

of title 31, United States Code, appropriations under this Act shall

be applied only to the objects for which the appropriations were

made except as otherwise provided by law.

SEC. 107. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,

section 1–601.01 et seq.), enacted pursuant to section 422(3) of

the District of Columbia Home Rule Act (D.C. Official Code, section

1–204l.22(3)), shall apply with respect to the compensation of District of Columbia employees. For pay purposes, employees of the

District of Columbia government shall not be subject to the provisions of title 5, United States Code.

SEC. 108. No later than 30 days after the end of the first

quarter of fiscal year 2006, the Mayor of the District of Columbia

shall submit to the Council of the District of Columbia and the

Committees on Appropriations of the House of Representatives and

Senate the new fiscal year 2006 revenue estimates as of the end

of such quarter. These estimates shall be used in the budget request

for fiscal year 2007. The officially revised estimates at midyear

shall be used for the midyear report.

SEC. 109. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, section

2–303.03), except that the District of Columbia government or any

agency thereof may renew or extend sole source contracts for which

competition is not feasible or practical, but only if the determination

as to whether to invoke the competitive bidding process has been

made in accordance with duly promulgated rules and procedures

and has been reviewed and certified by the Chief Financial Officer

of the District of Columbia.

SEC. 110. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District

of Columbia Statehood Constitutional Convention Initiatives of 1979

(D.C. Law 3–171; D.C. Official Code, section 1–123).

SEC. 111. None of the Federal funds made available in this

Act may be used to implement or enforce the Health Care Benefits

Contracts.

Certification.

Deadline.

Estimates.

Applicability.

Applicability.

Notification.

Deadline.

119 STAT. 2516 PUBLIC LAW 109–115—NOV. 30, 2005

Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, section

32–701 et seq.) or to otherwise implement or enforce any system

of registration of unmarried, cohabiting couples, including but not

limited to registration for the purpose of extending employment,

health, or governmental benefits to such couples on the same basis

that such benefits are extended to legally married couples.

SEC. 112. (a) Notwithstanding any other provision of this Act,

the Mayor, in consultation with the Chief Financial Officer of the

District of Columbia may accept, obligate, and expend Federal,

private, and other grants received by the District government that

are not reflected in the amounts appropriated in this Act.

(b)(1) No such Federal, private, or other grant may be obligated,

or expended pursuant to subsection (a) until—

(A) the Chief Financial Officer of the District of Columbia

submits to the Council a report setting forth detailed information regarding such grant; and

(B) the Council has reviewed and approved the obligation,

and expenditure of such grant.

(2) For purposes of paragraph (1)(B), the Council shall be

deemed to have reviewed and approved the obligation, and expenditure of a grant if—

(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt

of the report from the Chief Financial Officer under paragraph

(1)(A); or

(B) if such a notice of disapproval is filed within such

deadline, the Council does not by resolution disapprove the

obligation, or expenditure of the grant within 30 calendar days

of the initial receipt of the report from the Chief Financial

Officer under paragraph (1)(A).

(c) No amount may be obligated or expended from the general

fund or other funds of the District of Columbia government in

anticipation of the approval or receipt of a grant under subsection

(b)(2) or in anticipation of the approval or receipt of a Federal,

private, or other grant not subject to such subsection.

(d) The Chief Financial Officer of the District of Columbia

may adjust the budget for Federal, private, and other grants

received by the District government reflected in the amounts appropriated in this title, or approved and received under subsection

(b)(2) to reflect a change in the actual amount of the grant.

(e) The Chief Financial Officer of the District of Columbia

shall prepare a quarterly report setting forth detailed information

regarding all Federal, private, and other grants subject to this

section. Each such report shall be submitted to the Council of

the District of Columbia and to the Committees on Appropriations

of the House of Representatives and Senate not later than 15

days after the end of the quarter covered by the report.

SEC. 113. (a) Except as otherwise provided in this section,

none of the funds made available by this Act or by any other

Act may be used to provide any officer or employee of the District

of Columbia with an official vehicle unless the officer or employee

uses the vehicle only in the performance of the officer’s or employee’s

official duties. For purposes of this paragraph, the term ‘‘official

duties’’ does not include travel between the officer’s or employee’s

residence and workplace, except in the case of—

Deadline.

Reports.

Notices.

Deadlines.

Reports.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2517

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise

designated by the Chief of the Department;

(2) at the discretion of the Fire Chief, an officer or employee

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and

is on call 24 hours a day or is otherwise designated by the

Fire Chief;

(3) the Mayor of the District of Columbia; and

(4) the Chairman of the Council of the District of Columbia.

(b) The Chief Financial Officer of the District of Columbia

shall submit by March 1, 2006, an inventory, as of September

30, 2005, of all vehicles owned, leased or operated by the District

of Columbia government. The inventory shall include, but not be

limited to, the department to which the vehicle is assigned; the

year and make of the vehicle; the acquisition date and cost; the

general condition of the vehicle; annual operating and maintenance

costs; current mileage; and whether the vehicle is allowed to be

taken home by a District officer or employee and if so, the officer

or employee’s title and resident location.

SEC. 114. None of the funds contained in this Act may be

used for purposes of the annual independent audit of the District

of Columbia government for fiscal year 2006 unless—

(1) the audit is conducted by the Inspector General of

the District of Columbia, in coordination with the Chief Financial Officer of the District of Columbia, pursuant to section

208(a)(4) of the District of Columbia Procurement Practices

Act of 1985 (D.C. Official Code, section 2–302.8); and

(2) the audit includes as a basic financial statement a

comparison of audited actual year-end results with the revenues

submitted in the budget document for such year and the appropriations enacted into law for such year using the format,

terminology, and classifications contained in the law making

the appropriations for the year and its legislative history.

SEC. 115. (a) None of the funds contained in this Act may

be used by the District of Columbia Corporation Counsel or any

other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require

Congress to provide for voting representation in Congress for the

District of Columbia.

(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private

lawsuits, or from consulting with officials of the District government

regarding such lawsuits.

SEC. 116. (a) None of the funds contained in this Act may

be used for any program of distributing sterile needles or syringes

for the hypodermic injection of any illegal drug.

(b) Any individual or entity who receives any funds contained

in this Act and who carries out any program described in subsection

(a) shall account for all funds used for such program separately

from any funds contained in this Act.

SEC. 117. None of the funds contained in this Act may be

used after the expiration of the 60-day period that begins on the

date of the enactment of this Act to pay the salary of any chief

financial officer of any office of the District of Columbia government

(including any independent agency of the District of Columbia)

who has not filed a certification with the Mayor and the Chief

Expiration date.

Hypodermic

needle exchange.

Voting rights.

Audits.

Deadline.

Records.

119 STAT. 2518 PUBLIC LAW 109–115—NOV. 30, 2005

Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and

the officer’s agency as a result of this Act (and the amendments

made by this Act), including any duty to prepare a report requested

either in the Act or in any of the reports accompanying the Act

and the deadline by which each report must be submitted: Provided,

That the Chief Financial Officer of the District of Columbia shall

provide to the Committees on Appropriations of the House of Representatives and Senate by April 1, 2006 and October 1, 2006,

a summary list showing each report, the due date, and the date

submitted to the Committees.

SEC. 118. Nothing in this Act may be construed to prevent

the Council or Mayor of the District of Columbia from addressing

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation

enacted on such issue should include a ‘‘conscience clause’’ which

provides exceptions for religious beliefs and moral convictions.

SEC. 119. The Mayor of the District of Columbia shall submit

to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the

House of Representatives, and the Committee on Governmental

Affairs of the Senate quarterly reports addressing—

(1) crime, including the homicide rate, implementation of

community policing, the number of police officers on local beats,

and the closing down of open-air drug markets;

(2) access to substance and alcohol abuse treatment,

including the number of treatment slots, the number of people

served, the number of people on waiting lists, and the effectiveness of treatment programs;

(3) management of parolees and pre-trial violent offenders,

including the number of halfway houses escapes and steps

taken to improve monitoring and supervision of halfway house

residents to reduce the number of escapes to be provided in

consultation with the Court Services and Offender Supervision

Agency for the District of Columbia;

(4) education, including access to special education services

and student achievement to be provided in consultation with

the District of Columbia Public Schools and the District of

Columbia public charter schools;

(5) improvement in basic District services, including rat

control and abatement;

(6) application for and management of Federal grants,

including the number and type of grants for which the District

was eligible but failed to apply and the number and type

of grants awarded to the District but for which the District

failed to spend the amounts received; and

(7) indicators of child well-being.

SEC. 120. (a) No later than 30 calendar days after the date

of the enactment of this Act, the Chief Financial Officer of the

District of Columbia shall submit to the appropriate committees

of Congress, the Mayor, and the Council of the District of Columbia

a revised appropriated funds operating budget in the format of

the budget that the District of Columbia government submitted

pursuant to section 442 of the District of Columbia Home Rule

Act (D.C. Official Code, section 1–204.42), for all agencies of the

District of Columbia government for fiscal year 2006 that is in

the total amount of the approved appropriation and that realigns

Deadline.

Reports.

Contraceptives.

Deadlines.

Records.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2519

all budgeted data for personal services and other-than-personalservices, respectively, with anticipated actual expenditures.

(b) This section shall apply only to an agency where the Chief

Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program

requirements.

SEC. 121. Notwithstanding any other law, in fiscal year 2006

and in each subsequent fiscal year, the District of Columbia Courts

shall transfer to the general treasury of the District of Columbia

all fines levied and collected by the Courts under section 10(b)(1)

and (2) of the District of Columbia Traffic Act (D.C. Official Code,

section 50–2201.05(b)(1) and (2)): Provided, that the transferred

funds are hereby made available and shall remain available until

expended and shall be used by the Office of the Attorney General

of the District of Columbia for enforcement and prosecution of

District traffic alcohol laws in accordance with section 10(b)(3)

of the District of Columbia Traffic Act (D.C. Official Code, section

50–2201.05(b)(3)).

SEC. 122. (a) None of the funds contained in this Act may

be made available to pay—

(1) the fees of an attorney who represents a party in

an action or an attorney who defends an action brought against

the District of Columbia Public Schools under the Individuals

with Disabilities Education Act (20 U.S.C. 1400 et seq.) in

excess of $4,000 for that action; or

(2) the fees of an attorney or firm whom the Chief Financial

Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer, or employee

of the firm, in any special education diagnostic services, schools,

or other special education service providers.

(b) In this section, the term ‘‘action’’ includes an administrative

proceeding and any ensuing or related proceedings before a court

of competent jurisdiction.

SEC. 123. The Chief Financial Officer of the District of Columbia

shall require attorneys in special education cases brought under

the Individuals with Disabilities Education Act (IDEA) in the District of Columbia to certify in writing that the attorney or representative rendered any and all services for which they receive awards,

including those received under a settlement agreement or as part

of an administrative proceeding, under the IDEA from the District

of Columbia. As part of the certification, the Chief Financial Officer

of the District of Columbia shall require all attorneys in IDEA

cases to disclose any financial, corporate, legal, memberships on

boards of directors, or other relationships with any special education

diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients as part

of this certification. The Chief Financial Officer shall prepare and

submit quarterly reports to the Committees on Appropriations of

the House of Representatives and Senate on the certification of

and the amount paid by the government of the District of Columbia,

including the District of Columbia Public Schools, to attorneys

in cases brought under IDEA. The Inspector General of the District

of Columbia may conduct investigations to determine the accuracy

of the certifications.

SEC. 124. The amount appropriated by this Act may be increased by no more than $42,000,000 from funds identified in

the comprehensive annual financial report as the District’s fiscal

Reports.

Certification.

Applicability.

Certification.

119 STAT. 2520 PUBLIC LAW 109–115—NOV. 30, 2005

year 2005 unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions:

(1) The Chief Financial Officer of the District of Columbia

shall certify that the use of any such amounts is not anticipated

to have a negative impact on the District’s long-term financial,

fiscal, and economic vitality.

(2) The District of Columbia may only use these funds

for the following expenditures:

(A) One-time expenditures.

(B) Expenditures to avoid deficit spending.

(C) Debt Reduction.

(D) Program needs.

(E) Expenditures to avoid revenue shortfalls.

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each

such obligation or expenditure.

(4) The amounts may not be used to fund the agencies

of the District of Columbia government under court ordered

receivership.

(5) The amounts may not be obligated or expended unless

the Mayor notifies the Committees on Appropriations of the

House of Representatives and Senate not fewer than 30 days

in advance of the obligation or expenditure.

SEC. 125. (a) The fourth proviso in the item relating to ‘‘Federal

Payment for School Improvement’’ in the District of Columbia

Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1327)

is amended—

(1) by striking ‘‘$4,000,000’’ and inserting ‘‘$4,000,000, to

remain available until expended,’’; and

(2) by striking ‘‘$2,000,000 shall be for a new incentive

fund’’ and inserting ‘‘$2,000,000, to remain available until

expended, shall be for a new incentive fund’’.

(b) The amendments made by subsection (a) shall take effect

as if included in the enactment of the District of Columbia Appropriations Act, 2005.

SEC. 126. (a) To account for an unanticipated growth of revenue

collections, the amount appropriated as District of Columbia Funds

pursuant to this Act may be increased—

(1) by an aggregate amount of not more than 25 percent,

in the case of amounts proposed to be allocated as ‘‘OtherType Funds’’ in the Fiscal Year 2006 Proposed Budget and

Financial Plan submitted to Congress by the District of

Columbia on June 6, 2005; and

(2) by an aggregate amount of not more than 6 percent,

in the case of any other amounts proposed to be allocated

in such Proposed Budget and Financial Plan.

(b) The District of Columbia may obligate and expend any

increase in the amount of funds authorized under this section

only in accordance with the following conditions:

(1) The Chief Financial Officer of the District of Columbia

shall certify—

(A) the increase in revenue; and

(B) that the use of the amounts is not anticipated

to have a negative impact on the long-term financial, fiscal,

or economic health of the District.

Certification.

Effective date.

Notification.

Deadline.

Certification.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2521

(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of

Columbia in support of each such obligation and expenditure,

consistent with the requirements of this Act.

(3) The amounts may not be used to fund any agencies

of the District government operating under court-ordered

receivership.

(4) The amounts may not be obligated or expended unless

the Mayor has notified the Committees on Appropriations of

the House of Representatives and Senate not fewer than 30

days in advance of the obligation or expenditure.

SEC. 127. The Chief Financial Officer for the District of

Columbia may, for the purpose of cash flow management, conduct

short-term borrowing from the emergency reserve fund and from

the contingency reserve fund established under section 450A of

the District of Columbia Home Rule Act (Public Law 98–198):

Provided, That the amount borrowed shall not exceed 50 percent

of the total amount of funds contained in both the emergency

and contingency reserve funds at the time of borrowing: Provided

further, That the borrowing shall not deplete either fund by more

than 50 percent: Provided further, That 100 percent of the funds

borrowed shall be replenished within 9 months of the time of

the borrowing or by the end of the fiscal year, whichever occurs

earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency

funds are later depleted below 50 percent as a result of an emergency or contingency, an amount equal to the amount necessary

to restore reserve levels to 50 percent of the total amount of funds

contained in both the emergency and contingency reserve fund

must be replenished from the amount borrowed within 60 days.

SEC. 128. (a) None of the funds contained in this Act may

be used to enact or carry out any law, rule, or regulation to legalize

or otherwise reduce penalties associated with the possession, use,

or distribution of any schedule I substance under the Controlled

Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors

of the District of Columbia on November 3, 1998, shall not take

effect.

SEC. 129. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where

the pregnancy is the result of an act of rape or incest.

SEC. 130. Section 7 of the District of Columbia Stadium Act

of 1957 (Public Law 85–300, 71 Stat. 619), as amended, is further

amended by inserting after paragraph (d)(4) the following:

‘‘(e)(1) Upon receipt of a written description from the District

of Columbia of not more than 15 contiguous acres (hereinafter

referred to as ‘the 15 acres’), within the area designated ‘D’ on

the revised map entitled ‘Map to Designate Transfer of Stadium

and Lease of Parking Lots to the District’ and bound by 21st

Street, NE, Oklahoma Avenue, NE, Benning Road, NE, the Metro

line, and C Street, NE, and execution of a long-term lease by

the Mayor of the District of Columbia that is contingent upon

the Secretary’s conveyance of the 15 acres and for the purpose

consistent with this paragraph, the Secretary shall convey the 15

Abortions.

Marijuana.

Drugs and drug

abuse.

Notification.

Deadline.

119 STAT. 2522 PUBLIC LAW 109–115—NOV. 30, 2005

acres described land to the District of Columbia for the purpose

of siting, developing, and operating an educational institution for

the public welfare, with first preference given to a pre-collegiate

public boarding school.

‘‘(2) Upon conveyance, the portion of the stadium lease that

affects the 15 acres on the property and all the conditions associated

therewith shall terminate, and the 15 acres property shall be

removed from the ‘Map to Designate Transfer of Stadium and

Lease of Parking Lots to the District’, and the long-term lease

described in paragraph (1) shall take effect immediately. The Mayor

of the District of Columbia shall execute and deliver a quitclaim

deed to effectuate the District’s responsibilities under this section.’’.

SEC. 131. The authority that the Chief Financial Officer of

the District of Columbia exercised with respect to personnel and

the preparation of fiscal impact statements during a control period

(as defined in Public Law 104–8) shall remain in effect until September 30, 2006.

SEC. 132. The entire process used by the Chief Financial Officer

to acquire any and all kinds of goods, works and services by any

contractual means, including but not limited to purchase, lease

or rental, shall be exempt from all of the provisions of the District

of Columbia’s Procurement Practices Act: Provided, That provisions

made by this subsection shall take effect as if enacted in D.C.

Law 11–259 and shall remain in effect until September 30, 2006.

SEC. 133. Section 4013 of the Uniform Per Student Funding

Formula for Public Schools and Public Charter Schools Amendment

Act of 2005, passed on first reading on May 10, 2005 (engrossed

version of Bill 16–200), is hereby enacted into law.

SEC. 134. The Chief Financial Officer of the District is hereby

authorized to transfer $5,000,000 from the local funds appropriated

for the Deputy Mayor for Economic Development to the Anacostia

Waterfront Corporation and to reallocate the appropriation

authority for such funds to a heading to be entitled ‘‘Anacostia

Waterfront Corporation’’ in addition, an amount of $3,200,000 is

hereby appropriated from the local funds made available to the

Anacostia Waterfront Corporation in fiscal year 2005. Provided,

That all of the funds made available herein to the Anacostia Waterfront Corporation shall remain available until expended.

SEC. 135. Amounts appropriated in the Act for the Department

of Health may be increased by $250,000 in local funds to remain

available until expended to conduct a health study in Spring Valley.

SEC. 136. Notwithstanding section 602(c)(1) of the District of

Columbia Home Rule Act, amendments to the Ballpark Technical

Amendments Act of 2005 and the Ballpark Fee Rebate Act of

2005 shall take effect on the date of the enactment by the District

of Columbia.

SEC. 137. Except as expressly provided otherwise, any reference

to ‘‘this Act’’ contained in this division shall be treated as referring

only to the provisions of this division.

This division may be cited as the ‘‘District of Columbia Appropriations Act, 2006’’.

Effective date.

Enactment.

Effective date.

Termination

date.

Contracts.

Termination

date.

PUBLIC LAW 109–115—NOV. 30, 2005 119 STAT. 2523

LEGISLATIVE HISTORY—H.R. 3058 (S. 1446):

HOUSE REPORTS: Nos. 109–153 (Comm. on Appropriations) and 109–307

(Comm. of Conference).

SENATE REPORTS: Nos. 109–106 accompanying S. 1446 and 109–109 (both from

Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 29, 30, considered and passed House.

Oct. 17–20, considered and passed Senate, amended.

Nov. 18, House agreed to conference report.

Nov. 21, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Nov. 30, Presidential statement.

Æ

This Act (including divisions A and B) may be cited as the

‘‘Transportation, Treasury, Housing and Urban Development, the

Judiciary, the District of Columbia, and Independent Agencies

Appropriations Act, 2006’’.

Approved November 30, 2005.