24–422 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–272 

MAKING APPROPRIATIONS FOR SCIENCE, THE DEPARTMENTS OF STATE, 

JUSTICE, AND COMMERCE, AND RELATED AGENCIES FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES 

NOVEMBER 7, 2005.—Ordered to be printed 

Mr. WOLF, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2862] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

2862) ‘‘making appropriations for Science, the Departments of 

State, Justice, and Commerce, and related agencies for the fiscal 

year ending September 30, 2006, and for other purposes’’, having 

met, after full and free conference, have agreed to recommend and 

do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate to the text, and agree to the same with an 

amendment, as follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

CONFERENCE REPORT (H. REPT. 109–272) 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

2862) ‘‘making appropriations for Science, the Departments of 

State, Justice, and Commerce, and related agencies for the fiscal 

year ending September 30, 2006, and for other purposes’’, having 

met, after full and free conference, have agreed to recommend and 

do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate to the text, and agree to the same with an 

amendment, as follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

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

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, and for other purposes, namely: 

2 

TITLE I—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

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

for the Facilities Program 2000, to remain available until expended: 

Provided, That not to exceed 45 permanent positions and 46 fulltime equivalent workyears and $11,821,000 shall be expended for 

the Department Leadership Program exclusive of augmentation that 

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

not to exceed 26 permanent positions, 21 full-time equivalent 

workyears and $3,480,000 shall be expended for the Office of Legislative Affairs: Provided further, That not to exceed 17 permanent 

positions, 22 full-time equivalent workyears and $2,764,000 shall be 

expended for the Office of Public Affairs: Provided further, That the 

Offices of Legislative Affairs and Public Affairs may utilize, on a 

non-reimbursable basis details of career employees within the ceilings provided for the Office of Legislative Affairs and the Office of 

Public Affairs: Provided further, That not less than $500,000 shall 

be used to contract with an independent party to carry out a privacy 

assessment. 

JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology, including planning, development, deployment and Departmental direction, $125,000,000, to remain available until expended: Provided, 

That, of the funds available $10,000,000 is for the unified financial 

management system to be administered by the Unified Financial 

Management System Executive Council: Provided further, That of 

the funds provided, $20,000,000 is unavailable for obligation until 

the Department Chief Information Officer submits the plan described in section 110 of this title. 

NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK

For the costs of conversion to narrowband communications, including the cost for operation and maintenance of Land Mobile 

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

to this account all funds made available to the Department of Justice for the purchase of portable and mobile radios: Provided further, That any transfer made under the preceding proviso shall be 

subject to section 605 of this Act. 

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $215,685,000. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, 

$1,222,000,000, of which $45,000,000 shall be derived from prior 

year unobligated balances from funds previously appropriated, to 

remain available until expended: Provided, That the Trustee shall 

3 

be responsible for managing the Justice Prisoner and Alien Transportation System and for overseeing housing related to such detention: Provided further, That any unobligated balances available in 

prior years from the funds appropriated under the heading ‘‘Federal 

Prisoner Detention’’ shall be transferred to and merged with the appropriation under the heading ‘‘Detention Trustee’’ and shall be 

available until expended. 

OFFICE OF INSPECTOR GENERAL

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

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission as authorized, $11,000,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department 

of Justice, not otherwise provided for, including not to exceed 

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

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

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

space in the District of Columbia, $661,959,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United States 

National Central Bureau, INTERPOL, for official reception and 

representation expenses: Provided further, That notwithstanding 

section 105 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may 

transfer such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ from available appropriations for the current fiscal year for 

the Department of Justice, as may be necessary to respond to such 

circumstances: Provided further, That any transfer pursuant to the 

previous proviso shall be treated as a reprogramming under section 

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

In addition, for reimbursement of expenses of the Department of 

Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $144,451,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, not to exceed $116,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino AntiVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
4 

trust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation, and shall remain available until expended: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

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

appropriation from the general fund estimated at not more than 

$28,451,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, 

$1,600,000,000: Provided, That of the total amount appropriated, 

not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed 

$20,000,000 shall remain available until expended: Provided further, That of the funds made available under this heading, 

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

Streetsweeper’’. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, 

as authorized, $214,402,000, to remain available until expended 

and to be derived from the United States Trustee System Fund: Provided, That, notwithstanding any other provision of law, deposits to 

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

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $214,402,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 

for necessary expenses in this appropriation and remain available 

until expended: Provided further, That the sum herein appropriated 

from the Fund shall be reduced as such offsetting collections are received during fiscal year 2006, so as to result in a final fiscal year 

2006 appropriation from the Fund estimated at $0. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized by 

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

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

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

official reception and representation expenses; of which $4,000,000 

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

for the costs of courthouse security equipment, including furnishings, relocations, and telephone systems and cabling, and shall 

remain available until expended. 

5 

CONSTRUCTION

For construction in space controlled, occupied or utilized by the 

United States Marshals Service in United States courthouses and 

Federal buildings, $8,883,000, to remain available until expended. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts for 

the procurement and supervision of expert witnesses, for private 

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

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

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

protected witness safesites: Provided further, That not to exceed 

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

Provided further, That not to exceed $9,000,000 may be made available for the purchase, installation, maintenance and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of 

protected witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, $9,659,000: Provided, That notwithstanding section 105 of this Act, 

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

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer 

pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 

ASSETS FORFEITURE FUND

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

$21,468,000, to be derived from the Department of Justice Assets 

Forfeiture Fund. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

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

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

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

available until expended: Provided, That any amounts obligated 

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

6 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

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

3,868 passenger motor vehicles, of which 3,039 will be for replacement only; and not to exceed $70,000 to meet unforeseen emergencies 

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

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

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

counterterrorism investigations, foreign counterintelligence, and 

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

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

advances for expenses arising out of contractual or reimbursable 

agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, gang-related crime, cybercrime, and drug investigations: Provided, That not to exceed $205,000 shall be available for 

official reception and representation expenses. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

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

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

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

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

construction of the Federal Bureau of Investigation Center for Integrated Training and Technology Transfer in Redstone Arsenal: Provided further, That $5,000,000 shall be available for a chemical 

and biological evidence handling and storage facility to be co-located with comparable facilities in existence for sample, handling 

and receipt of hazardous material by the Department of the Army: 

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

and associated costs for a permanent central records complex in 

Frederick County, Virginia. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C; expenses for 

conducting drug education and training programs, including travel 

and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; and purchase of not to exceed 1,043 passenger motor vehicles, of which 937 will be for replacement only, for police-type use, 

$1,686,457,000; of which not to exceed $75,000,000 shall remain 

available until expended; and of which not to exceed $100,000 shall 

be available for official reception and representation expenses. 

7 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

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

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

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

expenses; for training of State and local law enforcement agencies 

with or without reimbursement, including training in connection 

with the training and acquisition of canines for explosives and fire 

accelerants detection; and for provision of laboratory assistance to 

State and local law enforcement agencies, with or without reimbursement, $923,613,000, of which not to exceed $1,000,000 shall be 

available for the payment of attorneys’ fees as provided by 18 U.S.C. 924(d)(2); and of which $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the 

records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, 

That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the 

United States to implement an amendment or amendments to 27 

CFR 178.118 or to change the definition of ‘‘Curios or relics’’ in 27 

CFR 178.11 or remove any item from ATF Publication 5300.11 as 

it existed on January 1, 1994: Provided further, That none of the 

funds appropriated herein shall be available to investigate or act 

upon applications for relief from Federal firearms disabilities under 

18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations 

for relief from Federal firearms disabilities under section 925(c) of 

title 18, United States Code: Provided further, That no funds made 

available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments in fiscal year 

2006: Provided further, That no funds appropriated under this or 

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

part or all of the contents of the Firearms Trace System database 

maintained by the National Trace Center of the Bureau of Alcohol, 

Tobacco, Firearms and Explosives or any information required to be 

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

Code, or required to be reported pursuant to paragraphs (3) and (7) 

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

local law enforcement agency or a prosecutor solely in connection 

with and for use in a bona fide criminal investigation or prosecution and then only such information as pertains to the geographic 

jurisdiction of the law enforcement agency requesting the disclosure 

and not for use in any civil action or proceeding other than an action or proceeding commenced by the Bureau of Alcohol, Tobacco, 

Firearms and Explosives, or a review of such an action or proceeding, to enforce the provisions of chapter 44 of such title, and all 

such data shall be immune from legal process and shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in any manner, 

nor shall testimony or other evidence be permitted based upon such 

8 

data, in any civil action pending on or filed after the effective date 

of this Act in any State (including the District of Columbia) or Federal court or in any administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms 

and Explosives to enforce the provisions of that chapter, or a review 

of such an action or proceeding; except that this proviso shall not 

be construed to prevent the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title) and licensed manufacturer (as defined in section 921(a)(10) of such title): 

Provided further, That no funds made available by this or any other 

Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 

of title 18, United States Code: Provided further, That no funds 

under this Act may be used to electronically retrieve information 

gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 

identification code: Provided further, That no funds authorized or 

made available under this or any other Act may be used to deny any 

application for a license under section 923 of title 18, United States 

Code, or renewal of such a license due to a lack of business activity, 

provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986: Provided further, That of the amount provided 

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

shall be for the expenses necessary for site selection, architectural 

design, site preparation and the development of a total cost estimate 

for the construction of a permanent site for the National Center for 

Explosives Training and Research: Provided further, That any 

funds remaining shall be applied to the construction of the Center: 

Provided further, That the Director of the ATF, when considering 

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

and research. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 768, of 

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

and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $4,892,649,000: Provided, That the Attorney General may 

transfer to the Health Resources and Services Administration such 

amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with 

a fiscal agent/fiscal intermediary claims processor to determine the 

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

System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception and representaVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
9 

tion expenses: Provided further, That not to exceed $50,000,000 

shall remain available for necessary operations until September 30, 

2007: Provided further, That, of the amounts provided for Contract 

Confinement, not to exceed $20,000,000 shall remain available until 

expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 

501(c) of the Refugee Education Assistance Act of 1980, for the care 

and security in the United States of Cuban and Haitian entrants: 

Provided further, That the Director of the Federal Prison System 

may accept donated property and services relating to the operation 

of the prison card program from a not-for-profit entity which has 

operated such program in the past notwithstanding the fact that 

such not-for-profit entity furnishes services under contracts to the 

Federal Prison System relating to the operation of pre-release services, halfway houses or other custodial facilities. 

BUILDINGS AND FACILITIES

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

equipping of such facilities for penal and correctional use, including 

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

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $90,112,000, to remain available until expended, of which 

not to exceed $14,000,000 shall be available to construct areas for 

inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to 

make such contracts and commitments, without regard to fiscal year 

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

Code, as may be necessary in carrying out the program set forth in 

the budget for the current fiscal year for such corporation, including 

purchase (not to exceed five for replacement only) and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

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

be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to 

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

depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

10 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

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

as authorized by the Omnibus Crime Control and Safe Streets Act 

of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the 

Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Juvenile Justice 

and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); and the 

Victims of Trafficking and Violence Protection Act of 2000 (Public 

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

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

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

available under this heading may be used for expenses related to 

evaluation, training and technical assistance: Provided further, 

That of the amount provided—

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

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

(2) $2,287,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of 

the 1990 Act; 

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

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

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

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

Justice for research and evaluation of violence against 

women; 

(B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the 1974 Act; and 

(C) $15,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or 

sexual assault as authorized by Public Law 108–21; 

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

authorized by part U of the 1968 Act; 

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

enforcement assistance grants, as authorized by section 

40295(a) of the 1994 Act; 

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

projects; 

(8) $2,962,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 

1994 Act; 

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

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

386; 

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

11 

(11) $4,540,000 for enhancing protection for older and disabled women from domestic violence and sexual assault, as authorized by section 40802 of the 1994 Act; (12) $13,894,000 for the safe havens for children pilot program, as authorized by section 1301(a) of Public Law 106–386; 

and 

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

against and abuse of women with disabilities, as authorized by 

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

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

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

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

salaries and expenses in connection therewith, the Prosecutorial 

Remedies and Other Tools to end the Exploitation of Children 

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

2004 (Public Law 108–405), and the Victims of Crime Act of 1984, $233,233,000, to remain available until expended. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

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

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

the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); and other programs; $1,142,707,000 (including 

amounts for administrative costs, which shall be transferred to and 

merged with the ‘‘Justice Assistance’’ account): Provided, That funding provided under this heading shall remain available until expended, as follows— (1) $416,478,000 for the Edward Byrne Memorial Justice 

Assistance Grant program pursuant to the amendments made 

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

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

the special rules for Puerto Rico established pursuant to such 

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

which—

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

in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by 

law enforcement; and 

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

housing facilities and other areas in cooperation with State 

and local law enforcement, as authorized by section 401 of 

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

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

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

and Nationality Act; 

(3) $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local United States Attorneys offices; 

12 

(4) $191,704,000 for discretionary grants authorized by 

subpart 2 of part E, of title I of the 1968 Act, notwithstanding 

the provisions of section 511 of said Act; (5) $10,000,000 for victim services programs for victims of 

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

106–386; 

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

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

Act; 

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

of the 1968 Act; (8) $7,500,000 for a prescription drug monitoring program; 

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

programs, as authorized by the Prison Rape Elimination Act of 

2003 (Public Law 108–79), of which $2,175,000 shall be transferred to the National Prison Rape Elimination Commission for 

authorized activities; 

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

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

1968 Act; 

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

law enforcement intelligence capabilities including 

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

are protected throughout the intelligence process; 

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

program; 

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

administered by the Drug Enforcement Administration; 

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

(A) $9,000,000 shall be available for grants under section 20109(a)(2) of subtitle A of title II of the 1994 Act; (B) $8,000,000 shall be available for the Tribal Courts 

Initiative; and 

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

projects on alcohol and crime in Indian Country; and 

(15) $5,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V 

and HH of title I of the 1968 Act: 

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

made available under this title to increase the number of law enforcement officers, the unit of local government will achieve a net 

gain in the number of law enforcement officers who perform nonadministrative public safety service. 

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses 

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

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

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

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

law enforcement agencies, non-profit organizations, and agencies of 

local government engaged in the investigation and prosecution of 

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

Seed’’ designated communities, and for either reimbursements or 

13 

transfers to appropriation accounts of the Department of Justice 

and other Federal agencies which shall be specified by the Attorney 

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

That funds designated by Congress through language for other Department of Justice appropriation accounts for ‘‘Weed and Seed’’

program activities shall be managed and executed by the Attorney 

General through the Executive Office for Weed and Seed: Provided 

further, That the Attorney General may direct the use of other Department of Justice funds and personnel in support of ‘‘Weed and 

Seed’’ program activities only after the Attorney General notifies the 

Committees on Appropriations of the House of Representatives and 

the Senate in accordance with section 605 of this Act: Provided further, That of the funds appropriated for the Executive Office for 

Weed and Seed, not to exceed $2,000,000 shall be directed for comprehensive community development training and technical assistance. 

COMMUNITY ORIENTED POLICING SERVICES

(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322) (including administrative costs), $478,300,000, to remain available until expended: 

Provided, That of the funds under this heading, not to exceed 

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

reimbursable services associated with programs administered by the 

Community Oriented Policing Services Office: Provided further, 

That section 1703(b) and (c) of the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply to non-hiring grants made pursuant to part Q of title I thereof (42 U.S.C. 

3796dd et seq.): Provided further, That up to $34,000,000 of balances made available as a result of prior year deobligations may be 

obligated for program management and administration, of which 

$5,000,000 shall be available for transfer to the National Institute 

of Standards and Technology: Provided further, That any balances 

made available as a result of prior year deobligations in excess of 

$34,000,000 shall only be obligated in accordance with section 605 

of this Act. Of the amounts provided—

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

enforcement armor vests as authorized by section 2501 of part 

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

the National Institute of Justice to test and evaluate vests; 

(2) $63,590,000 is for policing initiatives to combat methamphetamine production and trafficking and to enhance policing initiatives in ‘‘drug hot spots’’; 

(3) $139,904,000 is for a law enforcement technologies and 

interoperable communications program; 

(4) $10,000,000 is for grants to upgrade criminal records, 

as authorized under the Crime Identification Technology Act of 

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

(5) $5,000,000 is for an offender re-entry program; 

(6) $108,531,000 is for a DNA analysis and capacity enhancement program, and for other State, local and Federal forensic activities, of which $4,000,000 shall be for grant proVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
14 

grams as authorized by sections 412 and 413 of Public Law 

108–405; 

(7) $15,000,000 is for law enforcement assistance to Indian 

tribes; 

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

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

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

Improvement Grants under part BB of title I of the 1968 Act 

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

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

Center. 

JUVENILE JUSTICE PROGRAMS

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

Act of 1974 (‘‘the Act’’), and other juvenile justice programs, including salaries and expenses in connection therewith to be transferred 

to and merged with the appropriations for Justice Assistance, 

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

section 221 of the Act, including training and technical assistance to assist small, non-profit organizations with the Federal 

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

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

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

by section 505 of the Act, of which—

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

(B) $25,000,000 shall be for a gang resistance education and training program; and (C) $25,000,000 shall be for grants of $360,000 to each 

State and $6,640,000 shall be available for discretionary 

grants to States, for programs and activities to enforce 

State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages 

by minors, prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance 

and training; 

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

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

(8) $15,000,000 for programs authorized by the Victims of 

Child Abuse Act of 1990; and 

(9) $50,000,000 for the Juvenile Accountability Block 

Grants program as authorized by Public Law 107–273 and 

Guam shall be considered a State: 

15 

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

used for research, evaluation, and statistics activities designed to 

benefit the programs or activities authorized: Provided further, That 

not more than 2 percent of each amount may be used for training 

and technical assistance: Provided further, That the previous two 

provisos shall not apply to demonstration projects, as authorized by 

sections 261 and 262 of the Act: Provided further, That section 

702(a) of Public Law 88–352 shall apply to any grants for World 

Vision, described in H. Rpt. 108–792 and the statement of managers 

accompanying this Act, and awarded by the Attorney General. 

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized by 

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

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

by section 6093 of Public Law 100–690 (102 Stat. 4339–4340); and 

$4,884,000, to remain available until expended for payments as authorized by section 1201(b) of said Act; and $4,064,000 for educational assistance, as authorized by section 1212 of the 1968 Act. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 101. In addition to amounts otherwise made available in 

this title for official reception and representation expenses, a total 

of not to exceed $60,000 from funds appropriated to the Department 

of Justice in this title shall be available to the Attorney General for 

official reception and representation expenses. 

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

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

would be endangered if the fetus were carried to term, or in the case 

of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be 

null and void. 

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

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

the performance of, any abortion. 

SEC. 104. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside 

the Federal facility: Provided, That nothing in this section in any 

way diminishes the effect of section 103 intended to address the 

philosophical beliefs of individual employees of the Bureau of Prisons. 

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

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as 

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

not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That none of the 

funds appropriated to ‘‘Buildings and Facilities, Federal Prison 

System’’ in this or any other Act may be transferred to ‘‘Salaries and 

Expenses, Federal Prison System’’, or any other Department of JusVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
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tice account, unless the President certifies that such a transfer is 

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

such authority shall not be delegated, and shall be subject to section 

605 of this Act. 

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

September 30, 2007, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 1115 

of the Homeland Security Act of 2002, Public Law 107–296 (6 

U.S.C. 533) without limitation on the number of employees or the 

positions covered. 

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

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

Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation 

with respect to any undercover investigative operation initiated by 

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

necessary for the detection and prosecution of crimes against the 

United States. 

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

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

an individual who is a prisoner pursuant to conviction for crime 

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

security prisoner, other than to a prison or other facility certified by 

the Federal Bureau of Prisons as appropriately secure for housing 

such a prisoner. 

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

be used by Federal prisons to purchase cable television services, to 

rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. 

SEC. 110. Within the funds provided under ‘‘Justice Information Sharing Technology’’, the Attorney General shall establish an 

investment review board, which the Deputy Attorney General shall 

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

Department shall submit a plan that outlines the governance structure and membership of the board: Provided further, That the Department shall submit to the Committee on Appropriations of the 

Senate and the Committee on Appropriations of the House of Representatives, within 90 days of enactment of this Act, the project criteria that will initiate the board’s oversight, to include a listing of 

all projects to be reviewed during fiscal year 2006. 

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

amended by—

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

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

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

(1) and (2), respectively. 

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

Administration, the Attorney General shall establish a Methamphetamine Task Force within the Drug Enforcement Administration 

which shall be responsible for improving and targeting the Federal 

Government’s policies with respect to the production and trafficking 

17 

of methamphetamine: Provided, That within 90 days of enactment 

of this Act, the Drug Enforcement Administration shall submit a 

plan that outlines the governance structure and membership of the 

task force: Provided further, That within 120 days the Drug Enforcement Administration shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the 

House of Representatives the membership of the task force and powers established for the task force. 

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

of 2003 (42 U.S.C. 15603(a)) is amended— (1) in paragraph (5), by inserting ‘‘, except as authorized in 

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

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

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

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

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

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

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

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

which the statutes or regulations of a State (or a political subdivision thereof) require prompt reporting.’’. (b) Section 7(d)(3)(A) of the Prison Rape Elimination Act of 

2003 (42 U.S.C. 15606(d)(3)(A)) is amended by striking ‘‘2 years’’ and inserting ‘‘3 years’’. SEC. 114. The Attorney General shall waive the matching requirement for the purchase of bulletproof vests of the Bulletproof 

Vest Partnership Grant Act of 1998 for any law enforcement agency 

that purchased defective Zylon-based body armor with Federal 

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

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

to prove the purchase of Zylon-based body armor with funds awarded to it under such Act. 

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

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

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

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

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

18 

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

within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 

107–210. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

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

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

expended. 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the 

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

trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports of 

United States firms, without regard to 44 U.S.C. 3702 and 3703; 

full medical coverage for dependent members of immediate families 

of employees stationed overseas and employees temporarily posted 

overseas; travel and transportation of employees of the United 

States and Foreign Commercial Service between two points abroad, 

without regard to 49 U.S.C. 40118; employment of Americans and 

aliens by contract for services; rental of space abroad for periods not 

exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition 

structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims 

arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles 

for official use abroad, not to exceed $45,000 per vehicle; obtaining 

insurance on official motor vehicles; and rental of tie lines, 

$406,925,000, to remain available until September 30, 2007, of 

which $8,000,000 is to be derived from fees to be retained and used 

by the International Trade Administration, notwithstanding 31 

U.S.C. 3302: Provided, That $47,434,000 shall be for Manufacturing and Services; $39,815,000 shall be for Market Access and 

Compliance; $62,134,000 shall be for the Import Administration of 

which not less than $3,000,000 is for the Office of China Compliance; $231,722,000 shall be for the United States and Foreign Commercial Service; and $25,820,000 shall be for Executive Direction 

and Administration: Provided further, That negotiations shall be 

conducted within the World Trade Organization to recognize the 

right of members to distribute monies collected from antidumping 

and countervailing duties: Provided further, That the provisions of 

the first sentence of section 105(f) and all of section 108(c) of the 

19 

Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 

2455(f) and 2458(c)) shall apply in carrying out these activities 

without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of 

this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment 

for assessments for services provided as part of these activities: Provided further, That the International Trade Administration shall be 

exempt from the requirements of Circular A–25 (or any successor 

administrative regulation or policy) issued by the Office of Management and Budget: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 

107–210. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services 

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

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

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

abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 

and purchase of passenger motor vehicles for official use and motor 

vehicles for law enforcement use with special requirement vehicles 

eligible for purchase without regard to any price limitation otherwise established by law, $76,000,000, to remain available until expended, of which $14,767,000 shall be for inspections and other activities related to national security: Provided, That the provisions of 

the first sentence of section 105(f) and all of section 108(c) of the 

Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 

2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities 

may be retained for use in covering the cost of such activities, and 

for providing information to the public with respect to the export administration and national security activities of the Department of 

Commerce and other export control programs of the United States 

and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided by 

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

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

until expended. 

20 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $30,075,000: Provided, That these funds may be used to monitor projects approved 

pursuant to title I of the Public Works Employment Act of 1976, title 

II of the Trade Act of 1974, and the Community Emergency Drought 

Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with 

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

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and 

statistical analysis programs of the Department of Commerce, 

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

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, 

$198,029,000. 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census, 

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

In addition, for expenses to collect and publish statistics for 

other periodic censuses and programs provided for by law, 

$160,612,000, to remain available until September 30, 2007: Provided, That none of the funds provided in this or any other Act for 

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

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

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

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

Telecommunications and Information Administration (NTIA), 

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

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

and such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

21 

Provided further, That the Secretary of Commerce is authorized to 

retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in 

furtherance of its assigned functions under this paragraph, and 

such funds received from other Government agencies shall remain 

available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

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

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

That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, 

the prior year unobligated balances may be made available for 

grants for projects for which applications have been submitted and 

approved during any fiscal year. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

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

Property and Director of the United States Patent and Trademark 

Office, $1,683,086,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund 

shall be reduced as offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2006, so as to result in a fiscal year 2006 appropriation from the general fund estimated at $0: Provided further, That 

during fiscal year 2006, should the total amount of offsetting fee collections be less than $1,683,086,000, this amount shall be reduced 

accordingly: Provided further, That not less than 657 full-time 

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

equivalents, 6,241 positions and $906,142,000 shall be for the examination and searching of patent applications: Provided further, That 

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

$37,490,000 shall be for the Office of the General Counsel: Provided 

further, That not more than 82 full-time equivalents, 83 positions 

and $25,393,000 shall be for the Office of the Administrator for External Affairs: Provided further, That any deviation from the fulltime equivalent, position, and funding designations set forth in the 

preceding four provisos shall be subject to the procedures set forth 

in section 605 of this Act: Provided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal 

year 2006 for official reception and representation expenses: Provided further, That notwithstanding section 1353 of title 31, United 

States Code, no employee of the United States Patent and Trademark Office may accept payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose 

22 

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

conference, or meeting when the entity offering payment or reimbursement is a person or corporation subject to regulation by the Office, or represents a person or corporation subject to regulation by 

the Office, unless the person or corporation is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986: Provided further, That in fiscal year 2006, from 

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

United States Patent and Trademark Office (PTO), the amounts 

necessary to pay: (1) the difference between the percentage of basic 

pay contributed by the PTO and employees under section 8334(a) of 

title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) of basic pay, of employees subject to subchapter III of chapter 83 of that title; and (2) the present 

value of the otherwise unfunded accruing costs, as determined by 

the Office of Personnel Management, of post-retirement life insurance and post-retirement health benefits coverage for all PTO employees, shall be transferred to the Civil Service Retirement and Disability Fund, the Employees Life Insurance Fund, and the Employees Health Benefits Fund, as appropriate, and shall be available for 

the authorized purposes of those accounts. 

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology 

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

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

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

of which not to exceed $1,300,000 may be transferred to the ‘‘Working Capital Fund’’. 

INDUSTRIAL TECHNOLOGY SERVICES

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

In addition, for necessary expenses of the Advanced Technology 

Program of the National Institute of Standards and Technology, 

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

CONSTRUCTION OF RESEARCH FACILITIES

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

of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c– 278e, $175,898,000, to remain available until expended: Provided, 

That beginning in fiscal year 2007 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in supVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
23 

port of the Department of Commerce budget (as submitted with the 

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

States Code) an estimate for each National Institute of Standards 

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

justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes 

of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,763,222,000, to remain available until September 30, 2007, except for funds provided for cooperative enforcement which shall remain available until September 30, 2008: Provided, That fees and donations received by the National Ocean 

Service for the management of national marine sanctuaries may be 

retained and used for the salaries and expenses associated with 

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

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

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

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

‘‘Promote and Develop Fishery Products and Research Pertaining to 

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

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

is appropriated from the General Fund and $70,000,000 is provided 

by transfer: Provided further, That no general administrative 

charge shall be applied against an assigned activity included in this 

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

total amount available for the National Oceanic and Atmospheric 

Administration corporate services administrative support costs shall 

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

made available under this heading to the Department of Commerce 

Working Capital Fund including Department of Commerce General 

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

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

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

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

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

1972, as amended, shall not exceed $2,000,000, unless funds provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided 

in the previous fiscal year: Provided further, That if funds provided 

for ‘‘Coastal Zone Management Grants’’ exceed funds provided in 

the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional funds: Provided further, 

That the personnel management demonstration project established 

24 

at the National Oceanic and Atmospheric Administration pursuant 

to 5 U.S.C. 4703 may be expanded by 3,500 full-time positions to 

include up to 6,925 full-time positions and may be extended indefinitely: Provided further, That the Administrator of the National 

Oceanic and Atmospheric Administration may engage in formal 

and informal education activities, including primary and secondary 

education, related to the agency’s mission goals: Provided further, 

That, in accordance with the Federal Credit Reform Act of 1990 (2 

U.S.C. 611 et seq.), within funds appropriated under this heading, 

$2,000,000 shall remain available until expended, for the cost of 

loans under section 211(e) of title II of Division C of Public Law 

105–277, such loans to have terms of up to 30 years and to be available for use in any of the Bering Sea and Aleutian Islands fisheries. 

In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and their 

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

55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

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

Operational Environmental Satellite System, funds shall only be 

made available on a dollar for dollar matching basis with funds 

provided for the same purpose by the Department of Defense: Provided further, That except to the extent expressly prohibited by any 

other law, the Department of Defense may delegate procurement 

functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of title 10, United States Code: Provided further, That any deviation from the amounts designated for 

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

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

605 of this Act: Provided further, That beginning in fiscal year 2007 

and for each fiscal year thereafter, the Secretary of Commerce shall 

include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget 

(as submitted with the budget of the President under section 1105(a) 

of title 31, 10 United States Code) an estimate for each National 

Oceanic and Atmospheric Administration procurement, acquisition 

and construction program having a total multiyear program cost of 

more than $5,000,000 and an estimate of the budgetary requirements for each such program for each of the five subsequent fiscal 

years: Provided further, That subject to amounts provided in advance in appropriations Acts, the Secretary of Commerce is authorized to enter into a lease with The Regents of the University of California for land at the San Diego Campus in La Jolla for a term not 

less than 55 years: Provided further, That funds appropriated for 

the construction of the National Oceanic and Atmospheric Administration Pacific Regional Center are an additional increment in the 

25 

incremental funding planned for the Center, and may be expended 

incrementally, through multi-year contracts for construction and related activities, provided that obligations under any such multi-year 

contract shall be subject to the availability of appropriations. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific 

salmon populations, $67,500,000. 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Of amounts collected pursuant to section 308 of the Coastal 

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

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

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

FISHERIES FINANCE PROGRAM ACCOUNT

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

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

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

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

only available to subsidize gross obligations for the principal 

amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $59,000,000 for traditional direct loans, of which $19,000,000 may be used for direct loans to the 

United States menhaden fishery: Provided further, That none of the 

funds made available under this heading may be used for direct 

loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. 

OTHER

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of the 

Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $47,466,000: Provided, That 

not to exceed 11 full-time equivalents and $1,490,000 shall be expended for the legislative affairs function of the Department. 

UNITED STATES TRAVEL AND TOURISM PROMOTION

For necessary expenses of the United States Travel and Tourism 

Promotion Program, as authorized by section 210 of Public Law 

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

grants, contracts, cooperative agreements and related costs, 

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

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

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

26 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

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

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

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

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

used for advanced payments not otherwise authorized only upon the 

certification of officials designated by the Secretary of Commerce 

that such payments are in the public interest. 

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

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

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

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). 

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

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but no 

such appropriation shall be increased by more than 10 percent by 

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

section shall be treated as a reprogramming of funds under section 

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify 

the Committees on Appropriations at least 15 days in advance of the 

acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this or any 

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

and Related Agencies Appropriations Act: Provided further, That for 

the National Oceanic and Atmospheric Administration this section 

shall provide for transfers among appropriations made only to the 

National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts. 

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

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken for 

the care and protection of loan collateral or grant property shall be 

absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds 

between appropriations accounts as may be necessary to carry out 

this section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

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

SEC. 205. Funds made available for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee 

Program in section 211(b) of Public Law 108–199 shall remain 

available until expended: Provided, That section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15 

U.S.C. 1841 note) is amended by striking ‘‘2005’’ and inserting 

‘‘2007’’. 

27 

SEC. 206. Notwithstanding any other provision of this Act, no 

funds appropriated under this Act shall be used to register, issue, 

transfer, or enforce any trademark of the phrase ‘‘Last Best Place’’. 

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

amounts made available elsewhere in this title to the ‘‘National Institute of Standards and Technology, Construction of Research Facilities’’, $8,000,000 is for a cooperative agreement with the Medical 

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

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

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

University of Alabama at Birmingham; $3,000,000 is for the Institute for Security Technology Studies; $1,000,000 is for the Thayer 

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

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

design and construction of the Science and Engineering Center. 

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

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

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

Southern Shrimp Alliance for its ‘‘Wild American Shrimp Marketing Program’’. 

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

‘‘Procurement, Acquisition and Construction, National Oceanic and 

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

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

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

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

Related Agencies Appropriations Act, 2006’’. 

TITLE III—SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

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

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

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

authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception and representation expenses, and rental of conference rooms in 

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and exploration research 

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

including repair, rehabilitation, revitalization, and modification of 

28 

facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related 

costs, including uniforms or allowances therefor, as authorized by 

5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and 

operation of mission and administrative aircraft, $9,761,400,000, to 

remain available until September 30, 2007, of which amounts as determined by the Administrator for salaries and benefits; training, 

travel and awards; facility and related costs; information technology 

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

other administrative services may be transferred to ‘‘Exploration Capabilities’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–377. 

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of exploration capabilities research and development activities, including research, development, operations, support 

and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, 

construction of new facilities and additions to existing facilities, facility planning and design, and acquisition or condemnation of real 

property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed 

$35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $6,663,000,000, to remain available until September 30, 2007, of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility 

and related costs; information technology services; science, engineering, fabricating and testing services; and other administrative services may be transferred to ‘‘Science, Aeronautics and Exploration’’ in 

accordance with section 312(b) of the National Aeronautics and 

Space Act of 1958, as amended by Public Law 106–377. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

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

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds appropriated for ‘‘Science, Aeronautics and Exploration’’, or ‘‘Exploration Capabilities’’ by this appropriations Act, when any activity 

29 

has been initiated by the incurrence of obligations for construction 

of facilities or environmental compliance and restoration activities 

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

remain available until expended. This provision does not apply to 

the amounts appropriated for institutional minor revitalization and 

construction of facilities, and institutional facility planning and design. 

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

September 30, 2008. 

Funds for announced prizes otherwise authorized shall remain 

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

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

Centennial Challenges unless authorized. 

Funding made available under the headings ‘‘Exploration Capabilities’’ and ‘‘Science, Aeronautics, and Exploration’’ in this Act 

shall be governed by the terms and conditions specified in the statement of managers accompanying the conference report for this Act. 

The unexpired balances of prior appropriations to National Aeronautics and Space Administration for activities for which funds 

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

established for the appropriation that provides such activity under 

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

newly established account and thereafter may be accounted for as 

one fund under the same terms and conditions. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

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

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

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

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

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

which not to exceed $425,000,000 shall remain available until expended for Polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States 

Antarctic program: Provided, That from funds specified in the fiscal 

year 2006 budget request for icebreaking services, such sums shall 

be available for the procurement of polar icebreaking services: Provided further, That the National Science Foundation shall reimburse the Coast Guard according to the existing memorandum of 

agreement: Provided further, That receipts for scientific support 

services and materials furnished by the National Research Centers 

and other National Science Foundation supported research facilities 

may be credited to this appropriation: Provided further, That to the 

extent that the amount appropriated is less than the total amount 

authorized to be appropriated for included program activities, all 

amounts, including floors and ceilings, specified in the authorizing 

Act for those program activities or their subactivities shall be reVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
30 

duced proportionally: Provided further, That funds under this heading may be available for innovation inducement prizes. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, 

and other such capital assets pursuant to the National Science 

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

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

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering 

education and human resources programs and activities pursuant 

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

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

3109, authorized travel, and rental of conference rooms in the District of Columbia, $807,000,000, to remain available until September 30, 2007: Provided, That to the extent that the amount of 

this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including 

floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. 

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 

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

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

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

Columbia; and reimbursement of the General Services Administration for security guard services; $250,000,000: Provided, That contracts may be entered into under ‘‘Salaries and Expenses’’ in fiscal 

year 2006 for maintenance and operation of facilities, and for other 

services, to be provided during the next fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

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

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

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

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

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

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

expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, 

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

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

2006’’. 

31 

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including employment, 

without regard to civil service and classification laws, of persons on 

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

authorized by section 801 of the United States Information and 

Educational Exchange Act of 1948; representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the 

Senate or specific Acts of Congress; arms control, nonproliferation 

and disarmament activities as authorized; acquisition by exchange 

or purchase of passenger motor vehicles as authorized by law; and 

for expenses of general administration, $3,680,019,000: Provided, 

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

for the Bureau of Legislative Affairs: Provided further, That of the 

amount made available under this heading, not to exceed 

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

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

terrorism rewards: Provided further, That of the amount made 

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

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

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

the Scholar Rescue Fund endowment: Provided further, That of the 

amount made available under this heading, $3,000,000 shall be 

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

United States Government Overseas Presence: Provided further, 

That funds available under this heading may be available for a 

United States Government interagency task force to examine, coordinate and oversee United States participation in the United Nations 

headquarters renovation project: Provided further, That no funds 

may be obligated or expended for processing licenses for the export 

of satellites of United States origin (including commercial satellites 

and satellite components) to the People’s Republic of China unless, 

at least 15 days in advance, the Committees on Appropriations of 

the House of Representatives and the Senate are notified of such 

proposed action: Provided further, That funds appropriated under 

this heading are available, pursuant to 31 U.S.C. 1108(g), for the 

field examination of programs and activities in the United States 

funded from any account contained in this title. 

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

collected from other executive agencies for lease or use of facilities 

located at the International Center in accordance with section 4 of 

the International Center Act; in addition, as authorized by section 

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

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

in addition, as authorized by section 810 of the United States InforVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
32 

mation and Educational Exchange Act, not to exceed $6,000,000, to 

remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees 

from educational advising and counseling and exchange visitor programs; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair 

House facilities. 

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

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $58,895,000, to remain available until expended, as authorized: Provided, That section 135(e) of Public Law 103–236 shall not apply 

to funds available under this heading. 

CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

For expenses relating to the modernization of the information 

technology systems and networks of the Department of State, 

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

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $30,029,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as authorized, $431,790,000, to remain available until expended: Provided, That not to exceed $2,000,000, to remain available until expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

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

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary of 

State to provide for extraordinary protective services, as authorized, 

$9,390,000, to remain available until September 30, 2007. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

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

repairing, and planning for buildings that are owned or directly 

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

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

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

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

representation as authorized: Provided, That none of the funds apVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
33 

propriated in this paragraph shall be available for acquisition of 

furniture, furnishings, or generators for other departments and 

agencies. 

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

available until expended. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to enable the Secretary of State to meet 

unforeseen emergencies arising in the Diplomatic and Consular 

Service, $10,000,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to and 

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

the same terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

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

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

1974. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $607,000, which may be transferred to and 

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

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act 

(Public Law 96–8), $19,751,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

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

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and 

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

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

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

section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared 

by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations 

action to increase funding for any United Nations program without 

identifying an offsetting decrease elsewhere in the United Nations 

34 

budget and cause the United Nations budget for the biennium 

2006–2007 to exceed the revised United Nations budget level for the 

biennium 2004–2005 of $3,695,480,000: Provided further, That any 

payment of arrearages under this title shall be directed toward special activities that are mutually agreed upon by the United States 

and the respective international organization: Provided further, 

That none of the funds appropriated in this paragraph shall be 

available for a United States contribution to an international organization for the United States share of interest costs made known 

to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses of 

international peacekeeping activities directed to the maintenance or 

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

which 15 percent shall remain available until September 30, 2007: 

Provided, That none of the funds made available under this Act 

shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of 

voting for the new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations and other appropriate committees of the Congress are notified of the estimated cost 

and length of the mission, the national interest that will be served, 

and the planned exit strategy; (2) the Committees on Appropriations 

and other appropriate committees of the Congress are notified that 

the United Nations has taken appropriate measures to prevent 

United Nations employees, contractor personnel, and peacekeeping 

forces serving in any United Nations peacekeeping mission from 

trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation, and to hold accountable individuals who engage in such acts while participating in the peacekeeping mission; and (3) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for 

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

funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of 

the Congress that American manufacturers and suppliers are being 

given opportunities to provide equipment, services, and material for 

United Nations peacekeeping activities equal to those being given to 

foreign manufacturers and suppliers: Provided further, That none of 

the funds made available under this heading are available to pay 

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

of any United Nations peacekeeping mission. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts 

of Congress, as follows: 

35 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

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

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

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$28,000,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

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

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the 

Border Environment Cooperation Commission as authorized by 

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

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

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $24,000,000: Provided, That the United States’ share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

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

Foundation Act (22 U.S.C. 4402), $14,000,000, to remain available 

until expended, as authorized. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

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

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

for Middle Eastern-Western Dialogue in Istanbul, Turkey. 

In addition, for necessary expenses of the Center for Middle 

Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 

2006, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

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

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

36 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2006, to remain available until expended: Provided, That none of the funds appropriated 

herein shall be used to pay any salary or other compensation, or to 

enter into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376; or for purposes which are 

not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal 

services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program 

as authorized by section 214 of the Foreign Relations Authorization 

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

earnings accruing to the Israeli Arab Scholarship Fund on or before 

September 30, 2006, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out the 

provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the 

State of Hawaii, $19,240,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any 

contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

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

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of 

Governors, as authorized, to carry out international communication 

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

and purchase, lease, and installation of necessary equipment for 

radio and television transmission and reception to Cuba, and to 

make and supervise grants for radio and television broadcasting to 

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

in this heading, not to exceed $16,000 may be used for official receptions within the United States as authorized, not to exceed $35,000 

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

expenses of Radio Free Europe/Radio Liberty; and in addition, notwithstanding any other provision of law, not to exceed $2,000,000 

in receipts from advertising and revenue from business ventures, not 

to exceed $500,000 in receipts from cooperating international orgaVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
37 

nizations, and not to exceed $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out 

authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

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

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials 

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

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

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

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

available for the current fiscal year for the Department of State in 

this title may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Broadcasting Board of 

Governors in this title may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

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

SEC. 403. None of the funds made available in this title may 

be used by the Department of State or the Broadcasting Board of 

Governors to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting 

Corporation. 

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

in Persons, established under section 406 of division B of Public 

Law 108–7 to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the 

activities of traffickers and victims of severe forms of trafficking. 

(b) None of the funds provided in this or any other Act shall 

be expended to perform functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 406 of division B 

of Public Law 108–7. 

SEC. 405. For the purposes of registration of birth, certification 

of nationality, or issuance of a passport of a United States citizen 

born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel. 

38 

SEC. 406. Notwithstanding any other provision of law, of the 

funds appropriated by this Act under the heading ‘‘Diplomatic and 

Consular Programs’’: $5,000,000 shall be made available for an en- dowment for the Center for Asian Democracy; $100,000 shall be 

made available for a grant to the Center for the Study of the Presidency for a public diplomacy initiative; $300,000 shall be made 

available for a grant to Operation Smile for a public diplomacy program; and $350,000 shall be made available for a grant to 

MiraMed for programs to combat human trafficking. 

SEC. 407. Funds appropriated under this title for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign 

Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 

Law 103–236), and section 504(a)(1) of the National Security Act of 

1947 (50 U.S.C. 414(a)(1)). 

SEC. 408. (a) Funds provided in this title for the following accounts shall be made available for programs in the amounts contained in the respective tables included in the report accompanying 

this Act: 

‘‘Educational and Cultural Exchange Programs’’. 

‘‘National Endowment for Democracy’’. 

‘‘International Broadcasting Operations’’. 

‘‘Broadcasting Capital Improvements’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the accompanying report shall be subject to 

the regular notification procedures in section 605 of this Act. 

(c) The Secretary of State shall notify the Committees on Appropriations 15 days in advance of recommending the issuance of any 

license subject to Executive Order 13067. 

SEC. 409. Notwithstanding any other provision of law, of the 

funds appropriated or otherwise made available in this title, not 

more than $1,035,500,000 shall be available for payment to the 

United Nations for assessed and other expenses of international 

peacekeeping activities. 

SEC. 410. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking 

‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’. SEC. 411. None of the funds appropriated under this title may 

be made available to pay any contribution of the United States to 

the United Nations if the United Nations implements or imposes 

any taxation on any United States persons. 

SEC. 412. It is the sense of the Congress that the amount of any 

loan for the renovation of the United Nations headquarters building 

located in New York, New York, should not exceed $600,000,000: 

Provided, That if any loan exceeds $600,000,000, the Secretary of 

State shall notify the Congress of the current cost of the renovation 

and cost containment measures. 

SEC. 413. None of the funds made available by this title may 

be used for any United Nations undertaking when it is made known 

to the Federal official having authority to obligate or expend such 

funds that: (1) The United Nations undertaking is a peacekeeping 

mission; (2) such undertaking will involve United States Armed 

Forces under the command or operational control of a foreign national; and (3) the President’s military advisors have not submitted 

39 

to the President a recommendation that such involvement is in the 

national security interests of the United States and the President 

has not submitted to the Congress such a recommendation. 

SEC. 414. (a) None of the funds appropriated or otherwise made 

available under this title shall be expended for any purpose for 

which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related 

Agencies Appropriations Act, 1999. 

(b) The requirements in subparagraphs (A) and (B) of section 

609 of that Act shall continue to apply during fiscal year 2006. 

SEC. 415. (a) None of the funds appropriated or otherwise made 

available under this title shall be expended for any purpose for 

which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related 

Agencies Appropriations Act, 1999. 

(b) The requirements in subsections (b) and (c) of section 616 

of that Act shall continue to apply during fiscal year 2006. 

SEC. 416. (a) Except as provided in subsection (b), a project to 

construct a diplomatic facility of the United States may not include 

office space or other accommodations for an employee of a Federal 

agency or department if the Secretary of State determines that such 

department or agency has not provided to the Department of State 

the full amount of funding required by subsection (e) of section 604 

of the Secure Embassy Construction and Counterterrorism Act of 

1999 (as enacted into law by section 1000(a)(7) of Public Law 106–

113 and contained in appendix G of that Act; 113 Stat. 1501A–453), 

as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations 

Act, 2005. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the Marine 

Corps. 

SEC. 417. Ceilings and earmarks contained in this title shall 

not be applicable to funds or authorities appropriated or otherwise 

made available by any subsequent Act unless such Act specifically 

so directs. Earmarks or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated by 

this title. 

This title may be cited as the ‘‘Department of State and Related 

Agency Appropriations Act, 2006’’. 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Antitrust Modernization Commission, as authorized by Public Law 107–273, $1,172,000, to remain 

available until expended. 

40 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $499,000, as authorized by section 1303 of 

Public Law 99–83. 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, in- cluding hire of passenger motor vehicles, $9,048,000: Provided, That 

none of the funds appropriated in this paragraph shall be used to 

employ in excess of four full-time individuals under Schedule C of 

the Excepted Service exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in 

this paragraph shall be used to reimburse Commissioners for more 

than 75 billable days, with the exception of the chairperson, who is 

permitted 125 billable days. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105–292), 

$3,300,000, to remain available until September 30, 2007. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, 

$2,030,000, to remain available until September 30, 2007. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $1,900,000, including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2007. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act of 

1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 

private citizens; and not to exceed $33,000,000 for payments to State 

41 

and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections 6 and 14 

of the Age Discrimination in Employment Act, the Americans with 

Disabilities Act of 1990, and the Civil Rights Act of 1991, 

$331,228,000: Provided, That the Commission is authorized to make 

available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the 

Committees on Appropriations have been notified of such proposals, 

in accordance with the reprogramming provisions of section 605 of 

this Act. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed $4,000 

for official reception and representation expenses; purchase and hire 

of motor vehicles; special counsel fees; and services as authorized by 

5 U.S.C. 3109, $289,771,000: Provided, That $288,771,000 of offsetting collections shall be assessed and collected pursuant to section 

9 of title I of the Communications Act of 1934, shall be retained and 

used for necessary expenses in this appropriation, and shall remain 

available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2006 so as to result in a final fiscal year 

2006 appropriation estimated at $1,000,000: Provided further, That 

any offsetting collections received in excess of $288,771,000 in fiscal 

year 2006 shall remain available until expended, but shall not be 

available for obligation until October 1, 2006: Provided further, 

That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use 

of a competitive bidding system that may be retained and made 

available for obligation shall not exceed $85,000,000 for fiscal year 

2006. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas- senger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $211,000,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to exceed $116,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation: Provided further, That, notwithstanding any 

other provision of law, $23,000,000 in offsetting collections derived 

42 

from fees sufficient to implement and enforce the Telemarketing 

Sales Rule, promulgated under the Telephone Consumer Fraud and 

Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 

this account, and be retained and used for necessary expenses in 

this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting 

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

final fiscal year 2006 appropriation from the general fund estimated 

at not more than $72,000,000: Provided further, That none of the 

funds made available to the Federal Trade Commission may be 

used to enforce subsection (e) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 

1831t note). 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 

purposes of the Legal Services Corporation Act of 1974, 

$330,803,000, of which $312,375,000 is for basic field programs and 

required independent audits; $2,539,000 is for the Office of Inspector General, of which such amounts as may be necessary may be 

used to conduct additional audits of recipients; $12,825,000 is for 

management and administration; $1,255,000 is for client self-help 

and information technology; and $1,809,000 is for grants to offset 

losses due to census adjustments. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

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

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 503, 

504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject 

to the same terms and conditions set forth in such sections, except 

that all references in sections 502 and 503 to 1997 and 1998 shall 

be deemed to refer instead to 2005 and 2006, respectively, and except that section 501(a)(1) of Public Law 104–134 (110 Stat. 1321–

51, et seq.) shall not apply to the use of the $1,809,000 to address 

loss of funding due to Census-based reallocations. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as 

authorized by title II of Public Law 92–522, $2,920,000, of which 

$920,000 shall remain available until September 30, 2007. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

For necessary expenses of the National Veterans Business Development Corporation as authorized under section 33(a) of the Small 

Business Act, $1,500,000, to remain available until expended. 

43 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception 

and representation expenses, $888,117,000, to remain available 

until expended; of which not to exceed $10,000 may be used toward 

funding a permanent secretariat for the International Organization 

of Securities Commissions; and of which not to exceed $100,000 

shall be available for expenses for consultations and meetings 

hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of 

technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative 

expenses and the expenses of Commission staff and foreign invitees 

in attendance at such consultations and meetings including: (1) 

such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, 

That fees and charges authorized by sections 6(b) of the Securities 

Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of 

the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 

78ee), shall be credited to this account as offsetting collections: Provided further, That not to exceed $863,117,000 of such offsetting collections shall be available until expended for necessary expenses of 

this account: Provided further, That $25,000,000 shall be derived 

from prior year unobligated balances from funds previously appropriated to the Securities and Exchange Commission: Provided further, That the total amount appropriated under this heading from 

the general fund for fiscal year 2006 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2006 

appropriation from the general fund estimated at not more than $0. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, including hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343 and 1344, and not to exceed $3,500 for official reception and 

representation expenses, $313,029,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications 

developed by the Small Business Administration, and certain loan 

servicing activities: Provided further, That, notwithstanding 31 

U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes 

without further appropriations: Provided further, That $89,000,000 

shall be available to fund grants for performance in fiscal year 2006 

or fiscal year 2007 as authorized: Provided further, That the Small 

Business Administration is authorized to award grants under the 

44 

Women’s Business Center Sustainability Pilot Program established 

by section 4(a) of Public Law 106–165 (15 U.S.C. 656(l)): Provided 

further, That, of the amounts provided for Women’s Business Centers, not less than 41 percent shall be available to continue Women’s 

Business Centers in sustainability status. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$13,900,000. 

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees Revolving Fund, authorized by the Small Business Investment Act, as 

amended, $2,861,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $1,300,000, to remain available 

until expended: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 

2006 commitments to guarantee loans under section 503 of the 

Small Business Investment Act of 1958, shall not exceed the levels 

established under 20(e)(1)(B)(ii) of the Small Business Act: Provided 

further, That during fiscal year 2006 commitments for general business loans authorized under section 7(a) of the Small Business Act, 

shall not exceed the levels established under 20(e)(1)(B)(i) of the 

Small Business Act: Provided further, That during fiscal year 2006 

commitments to guarantee loans for debentures under section 303(b) 

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

$3,000,000,000: Provided further, That during fiscal year 2006 

guarantees of trust certificates authorized by section 5(g) of the 

Small Business Act shall not exceed a principal amount of 

$12,000,000,000. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $125,307,000, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided, That, of the funds previously made available 

under Public Law 105–135, section 507(g), for the Delta Loan program, up to $500,000 may be transferred to and merged with the 

appropriation for Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

From unobligated balances under this heading, in fiscal year 

2006, not to exceed $9,000,000 may be transferred to and merged 

with appropriations for Salaries and Expenses for indirect administrative expenses, of which $1,500,000 is for the Office of Inspector 

General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan program and shall be 

45 

transferred to and merged with appropriations for the Office of Inspector General. 

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the Small Business Administration in this 

Act may be transferred between such appropriations, but no such 

appropriation shall be increased by more than 10 percent by any 

such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public 

Law 102–572), $3,500,000: Provided, That not to exceed $2,500 

shall be available for official reception and representation expenses. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $3,000,000, including not more 

than $5,000 for the purpose of official representation, to remain 

available until September 30, 2007. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace 

as authorized in the United States Institute of Peace Act, 

$22,350,000, to remain available until September 30, 2007. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

For necessary expenses of the United States Senate-China Interparliamentary Group, as authorized under section 153 of the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 

108–99; 118 Stat. 448), $150,000, to remain available until September 30, 2007. 

TITLE VI—GENERAL PROVISIONS 

SEC. 601. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 602. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

46 

SEC. 603. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 604. If any provision of this Act or the application of such 

provision to any person or circumstances shall be held invalid, the 

remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid 

shall not be affected thereby. 

SEC. 605. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2006, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) Creates new programs; (2) eliminates a program, project, or activity; (3) increases 

funds or personnel by any means for any project or activity for 

which funds have been denied or restricted; (4) relocates an office 

or employees; (5) reorganizes or renames offices; (6) reorganizes, programs or activities; or (7) contracts out or privatizes any functions 

or activities presently performed by Federal employees; unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2006, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming 

of funds in excess of $750,000 or 10 percent, whichever is less, that: 

(1) Augments existing programs, projects, or activities; (2) reduces 

by 10 percent funding for any existing program, project, or activity, 

or numbers of personnel by 10 percent as approved by Congress; or 

(3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing 

programs, activities, or projects as approved by Congress; unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

SEC. 606. Hereafter, none of the funds made available in this 

Act may be used to implement, administer, or enforce any guidelines 

of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity 

or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266). 

SEC. 607. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made availVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
47 

able in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 608. The Departments of Commerce, Justice, and State, 

the Broadcasting Board of Governors, the National Science Foundation, the National Aeronautics and Space Administration, the Federal Communications Commission, the Securities and Exchange 

Commission and the Small Business Administration shall provide 

to the Committees on Appropriations of the Senate and of the House 

of Representatives a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency 

during any previous fiscal year. 

SEC. 609. Any costs incurred by a department or agency funded 

under this Act resulting from personnel actions taken in response to 

funding reductions included in this Act shall be absorbed within the 

total budgetary resources available to such department or agency: 

Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be 

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

and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in that section. 

SEC. 610. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or 

to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco 

products of the same type. 

SEC. 611. None of the funds appropriated pursuant to this Act 

or any other provision of law may be used for—

(1) the implementation of any tax or fee in connection with 

the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee that 

possession or receipt of a firearm by the prospective transferee 

would not violate subsection (g) or (n) of section 922 of title 18, 

United States Code, or State law. 

SEC. 612. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $625,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 613. For additional amounts under the heading ‘‘Small 

Business Administration, Salaries and Expenses’’, $1,000,000 shall 

be available for the Adelante Development Center, Inc., NM; 

$850,000 shall be available for the Alabama Department of Archives 

and History, Montgomery, AL; $500,000 shall be available for the 

Alabama Humanities Foundation for a Statewide Initiative; 

$1,500,000 shall be available for Alabama State Docks Economic 

Development; $200,000 shall be available for the Alaska Small 

48 

Business Development Center; $1,000,000 shall be available for the 

Alcorn State University Judicial Threat Analysis Center; $775,000 

shall be available for Ben Franklin Technology Partners 

Translational Action Research Boards, Philadelphia, PA; 

$1,000,000 shall be available for the Bring Back Broad Street Initiative, Mobile, AL; $450,000 shall be available for the City of Guin, 

AL, Industrial Development Initiative; $250,000 shall be available 

for the City of Monroeville, AL, Community Enrichment Project; 

$300,000 shall be available for the City of Oneonta, AL, for industrial development; $500,000 shall be available for the City of Richland Revitalization Project; $100,000 shall be available for community development in Randolph County, AL; $275,000 shall be available for the Community Development Project, Huntsville, AL; 

$500,000 shall be available for economic development in Lamar 

County, AL; $100,000 shall be available for the Great Lakes Business Growth and Development Center at Lorain County Community 

College; $200,000 shall be available for the Greenville Waterfront 

Industrial Enhancement Project; $50,000 shall be available for the 

Houston Community College Multi-Cultural Business Center; 

$75,000 shall be available for the Idaho Virtual Incubator at LewisClark State College; $500,000 shall be available for Industrial Infrastructure in Hartselle, AL; $5,000,000 shall be available for the 

Industrial Outreach Service at Mississippi State University; 

$450,000 shall be available for infrastructure development in 

Chambers County, AL; $200,000 shall be available for the 

Investnet/Technology Venture Center partnership for Alaska and 

Montana; $200,000 shall be available for the Knoxville College 

Small Business Incubator Program; $350,000 shall be available for 

the LeFleur Lakes Flood Control/Pearl River Watershed project; 

$750,000 shall be available for the Manufacturing Technology Initiative at Mississippi State University; $500,000 shall be available 

for the Mississippi Children’s Museum; $1,000,000 shall be available for the Mississippi Film Enterprise Zone; $1,250,000 shall be 

available for the Mississippi Technology Alliance Economic Development Plan; $500,000 shall be available for the Mitchell Memorial 

Library for the digitization of special collections; $500,000 shall be 

available for the Montgomery, AL, Downtown Revitalization Project; 

$650,000 shall be available for the New Product Development and 

Commercialization Center for Rural Manufacturers; $2,100,000 

shall be available for the Oak Ridge National Laboratory for the 

Southeastern fiber optic project (Lambda Rail); $500,000 shall be 

available for the Old Fort McClellan Economic Development Initiative, Anniston, AL; $75,000 shall be available for the Pro-Tech Program at the College of Southern Idaho; $500,000 shall be available 

for the Shelby County, AL, Environmental Education Center; 

$2,000,000 shall be available for Small Business Development Centers in Mississippi; $100,000 shall be available for the South Carolina International Center for Automotive Research Park Innovation 

Center; $250,000 shall be available for the Technology Venture Center, MT; $25,000 shall be available for the Town of Millry, AL, for 

community development; $1,000,000 shall be available for the Toxin 

Alert Development Project at the University of Southern Mississippi; 

$500,000 shall be available for the Troy University Center for International Business and Economic Development; $900,000 shall be 

available for the Tuck School of Business/MBDA Partnership; 

49 

$150,000 shall be available for the University of Alabama Community Development project; $350,000 shall be available for the University of West Alabama Regional Center for Community and Economic Development; $1,000,000 shall be available for the Women’s 

Entrepreneurship Initiative at the Mississippi University for 

Women; $500,000 shall be available for the Montana Department of 

Administration for spatial data to enable economic development; 

$500,000 shall be available for the City of Fort Wayne, Indiana for 

the Institute for Orthopedic Biomaterials Research; $1,000,000 shall 

be available for the New Mexico State University Arrowhead Center; 

$1,000,000 shall be available for the New Mexico Community Development Loan Fund/WESSTCorp. Cooperative; $1,500,000 shall be 

available for the Inland Northwest Regional GigaPop Network 

Connectivity project; $300,000 shall be available for the Brooklyn, 

NY Chamber of Commerce for the Brooklyn Goes Global program; 

$500,000 shall be available for the Institute for Technology and 

Business Development at Central Connecticut State University; 

$500,000 shall be available for the Iowa Department of Economic 

Development for the Entrepreneurial Venture Assistance Project; 

$400,000 shall be available for the New Ventures Center in Davenport in Iowa; $400,000 shall be available for the Pappajohn Higher Education Center in Des Moines, Iowa; $250,000 shall be available for the University of Vermont Small Enterprise Research Initiative; $200,000 shall be available for the Genesis of Innovation in 

Rapid City, South Dakota; $500,000 shall be available for the Wisconsin Security Research Consortium, a collaboration between the 

University of Wisconsin System and the Wisconsin Technology 

Council; $500,000 shall be available for the Rowan University Technology Center and Business Incubator; $1,500,000 shall be available 

for the Vermont Center for Emerging Technologies; $500,000 shall 

be available for the Vermont Employee Ownership Center; $820,000 

shall be available for the Central Michigan University Center for 

Applied Research and Technology; $500,000 shall be available for 

the Nanotechnology Economic Development Program at the University of Arkansas at Little Rock; $1,100,000 shall be available for the 

University of Arkansas’ Research and Technology Park; $600,000 

shall be available for the Maryland Technology Development Corporation for the Minority R&D Initiative; $1,000,000 shall be available for the University of West Florida’s Statewide Small Business 

Development Center Network; $200,000 shall be available for the 

Nevada’s Commission on Economic Development; $1,000,000 shall 

be available for the Clark County Department of Aviation, Las 

Vegas, Nevada to study and operate the international air trade 

show; $250,000 shall be available for the Corona-Elmhurst Center 

for Economic Development, New York; $180,000 shall be available 

for the Sephardic Angel Fund, New York City; $500,000 shall be 

available for the Detroit Economic Growth Business Attraction Program; $250,000 shall be available for the Oregon Department of 

Consumer and Business Services’ One-Stop Permitting Portal; 

$250,000 shall be available for the Fossil Bed Park and Ancient 

Lands Field House; $100,000 shall be for a grant to Cedar Creek 

Battlefield Foundation; $100,000 shall be for a grant to Belle Grove 

Plantation; $250,000 shall be for a grant to Shenandoah University 

for a facility; $100,000 shall be for a grant to Winchester-Frederick 

Convention and Visitor Bureau; $2,000,000 shall be for a grant to 

50 

Virginia Community College System for a web portal; $200,000 

shall be for a grant to Americans at War; $500,000 shall be for a 

grant to Warren County, Virginia, for a community enhancement 

project; $2,000,000 shall be available for the United States-China 

Economic and Security Review Commission for projects to study 

Chinese policies and practices and their impacts on American interests, the American economy, and small businesses; $200,000 shall 

be for a grant to the Myrtle Beach International Trade and Convention Center; $575,000 shall be for a grant to the Innovation and 

Outreach Center at the University of Mississippi; $500,000 shall be 

for a grant to Competetive Manufacturing through Innovation Management at the University of Wisconsin Oshkosh; $200,000 shall be 

for a grant to Business and Industrial Incubator in Cushing, Oklahoma; $500,000 shall be for a grant to Patrick Henry Community 

College for a workforce development program; $500,000 shall be for 

a grant to Danville Community College for a workforce development 

program; $500,000 shall be for a grant to Advanced and Applied 

Polymer Processing Institute; $1,000,000 shall be for a grant to the 

Industrial Development Authority of Halifax, VA; $1,000,000 shall 

be for a grant to the University of Illinois for the Information Trust 

Initiative; $1,000,000 shall be for a grant to Aurora, IL, for construction and other activities related to community development; 

$200,000 shall be for a grant to Carnegie Mellon University for a 

Community-Based Demonstration Project; $500,000 shall be for a 

grant to REI Rural Business and Resource Center in Seminole, 

Oklahoma; $1,000,000 shall be for a grant to Appalachian State 

University; $1,000,000 shall be for a grant to Western Carolina University for a computer engineering program; $1,000,000 shall be for 

a grant to International Small Business and Trade Institute; 

$500,000 shall be for a grant to the Illinois Institute for Technology 

to examine and assess advancements in biotechnologies; $3,000,000 

shall be for a grant to the Southern and Eastern Kentucky Tourism 

Development Association; $2,500,000 shall be for a grant to the 

Southern and Eastern Kentucky Economic Development Corporation; $1,000,000 shall be for a grant to the National Center for Community Renewal; $250,000 shall be for a grant to Advanced Business Technology Incubator at College of the Canyons; $250,000 shall 

be for a grant to the Applied Competitive Technologies Program of 

the California Community Colleges; $250,000 shall be for a grant 

to Adirondack Champlain Fiber Network; $100,000 shall be for a 

grant to Amoskeag Business Incubator; $500,000 shall be for a 

grant to the Montana World Trade Center; $1,000,000 shall be for 

a grant to the Fairplex Trade and Conference Center; $220,000 

shall be for a grant to Virtual Business Incubator in Southeast 

Pennsylvania; $250,000 shall be for a grant to the Rochester Tooling and Machining Association; $600,000 shall be for a grant to 

Wittenberg University to expand business education; $500,000 shall 

be for a grant to Experience Works to expand opportunities for older 

workers; $1,000,000 shall be for a grant to Innovation Center in Peoria, Illinois; $1,250,000 shall be for a grant to North Iowa Area 

Community College business incubator; $1,000,000 shall be for a 

grant to University of Redlands for development of a center to assist 

small business; $500,000 shall be for a grant to McHenry County 

Economic Development Corporation; $300,000 shall be for a grant 

to Rockford Area Ventures in Rockford, Illinois; $1,100,000 shall be 

51 

for a grant to Ohio Ready to Work program; $530,000 shall be for 

a grant to Michigan State University for the Institute for Trade in 

the Americas; $500,000 shall be for a grant to Bridgeport Regional 

Business Council for an economic integration initiative; $100,000 

shall be for a grant to Cedarbridge Development Corporation for a 

redevelopment initiative; $100,000 shall be for a grant to the Heart 

of Florida Regional Coalition; $150,000 shall be for a grant to Syracuse, NY, for a small business community support program; 

$500,000 shall be for a grant to the Connect the Valley initiative; 

$500,000 shall be for a grant to the Chattanooga Enterprise Center 

for a demonstration project; $150,000 shall be available for a grant 

to St. Jerome Church for their community center project and programs in the Bronx, New York; $50,000 shall be available for a 

grant to establish the Tito Puente Legacy Project at Hostos Community College in New York; $150,000 shall be available for a grant 

to the Bronx Council on the Arts for its Arts Cultural Corridor 

Project to promote local arts initiatives; $50,000 shall be available 

for a grant to the South Bronx Action Group to provide housing related services to the community; $100,000 shall be available for a 

grant to Pro Co Technology, Inc. for their programs in the Bronx, 

New York; $150,000 shall be available for a grant to Bronx Shepherds for community programs; $200,000 shall be available for a 

grant to HOGAR, Inc. in the Bronx, New York; $50,000 shall be 

available for a grant to the Promesa Foundation to provide financial assistance to New York area families under a youth sports and 

recreational initiative; $100,000 shall be available for a grant to 

Promesa Enterprises in New York for infrastructure program support; $100,000 shall be available for a grant to Presbyterian Senior 

Services for capital costs for their Grandparent Family Apartments 

project in the Bronx, New York; $50,000 shall be available for a 

grant to World Vision’s Bronx Storehouse for services in the commu- nity; $50,000 shall be available for a grant to the Bronx River Alliance for its services in the Bronx, New York; $600,000 shall be 

available to the Downtown Huntsville Small Business Enhancement 

Initiative; $150,000 shall be available for the Rhode Island College 

for the Project FLIP (Financial and Functional Literacy Incentive 

Program); $750,000 shall be available for the Rhode Island School 

of Design in Providence, Rhode Island; $100,000 shall be available 

for the Newport County Chamber of Commerce for the Aquidneck Island Corporate Park Capital Program; $700,000 shall be available 

for the American Cities Foundation (ACF) Economic Development 

Initiative; $300,000 shall be available for CAP Services in Stevens 

Point, WI; $500,000 shall be available for the Northwest Regional 

Planning Commission; $400,000 shall be available for the Wisconsin Procurement Institute; $250,000 shall be for the JARI Workforce Development Program; $250,000 shall be for the JARI Small 

Business Technology Center; $400,000 shall be for the Economic 

Growth Connection Procurement Assistance Program; $300,000 

shall be for the Franklin County, Massachusetts Community Development Corporation for a rural economic growth program; 

$1,870,000 shall be available for a grant to the MountainMade 

Foundation to fulfill its charter purposes and to continue the initiative developed by the NTTC for outreach and promotion, business 

and sites development, the education of artists and craftspeople, and 

to promote small businesses, artisans and their products through 

52 

market development, advertisement, commercial sale and other promotional means; $1,000,000 shall be available for the INNOVA 

small business incubator; $30,000 shall be available for the Town 

of Hambleton for upgrades and renovations to the town hall; 

$100,000 shall be available for the Parsons Revitalization Organization for planning purposes; $100,000 shall be available for 

Rowlesburg Revitalization Committee for neighborhood revitalization; $500,000 shall be available for the Institute for Entrepreneurship, Small Business Development and Global Logistics at California State University at Dominguez Hills, California; $300,000 

shall be available for Brooklyn Economic Development Corporation 

in Brooklyn, New York to support and expand the Initiative for a 

Competitive Brooklyn; and $200,000 shall be available for the Local 

Development Corporation of East New York for the Brooklyn Enterprise Center. 

SEC. 614. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in 

programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 615. All disaster loans issued in Alaska or North Dakota 

shall be administered by the Small Business Administration and 

shall not be sold during fiscal year 2006. 

SEC. 616. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 617. The Departments of Commerce, Justice, and State, 

the Securities and Exchange Commission and the Small Business 

Administration shall, not later than two months after the date of 

the enactment of this Act, certify that telecommuting opportunities 

have increased over levels certified to the Committees on Appropriations for fiscal year 2005: Provided, That, of the total amounts appropriated to the Departments of Commerce, Justice, and State, the 

Securities and Exchange Commission and the Small Business Administration, $5,000,000 shall be available to each only upon such 

certification: Provided further, That each Department or agency 

shall provide quarterly reports to the Committees on Appropriations 

on the status of telecommuting programs, including the number and 

percentage of Federal employees eligible for, and participating in, 

such programs: Provided further, That each Department or agency 

shall maintain a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as a point of contact on such programs for the 

Committees on Appropriations. 

SEC. 618. With the consent of the President, the Secretary of 

Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, 

marine mammals, or sea turtles: Provided, That the Secretary of 

Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect 

to the international negotiations and agreements referred to in this 

section. 

53 

SEC. 619. The National Aeronautics and Space Administration 

and the National Science Foundation shall, not later than two 

months after the date of the enactment of this Act, certify that telecommuting opportunities are made available to 100 percent of the 

eligible workforce: Provided, That, of the total amounts appropriated to the National Aeronautics and Space Administration and 

the National Science Foundation, $5,000,000 shall be available to 

each agency only upon such certification: Provided further, That 

both agencies shall provide quarterly reports to the Committees on 

Appropriations on the status of telecommuting programs, including 

the number of Federal employees eligible for, and participating in, 

such programs: Provided further, That both agencies shall designate 

a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as 

a point of contact on such programs for the Committees on Appropriations. 

SEC. 620. Any funds provided in this Act used to implement EGovernment Initiatives shall be subject to the procedures set forth 

in section 605 of this Act. 

SEC. 621. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not all 

firearms used in crime are traced and not all firearms traced 

are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes or models of firearms 

are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally 

traced to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods by 

which firearms in general are acquired for use in crime. 

SEC. 622. None of the funds appropriated by this Act may be 

used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. 

SEC. 623. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims directed to or encompassing a human organism. 

SEC. 624. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of torVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
54 

ture by any official or contract employee of the United States Government. 

SEC. 625. Of the amounts made available in this Act, $393,616,321 from ‘‘Department of State’’; $27,938,072 from ‘‘Department of Justice’’; $14,107,754 from ‘‘Department of Commerce’’; 

$426,314 from ‘‘United States Trade Representative’’; $575,116 from ‘‘Broadcasting Board of Governors’’; $291,855 from ‘‘National Aeronautics and Space Administration’’; and $79,754 from ‘‘National 

Science Foundation’’ shall be available for the purposes of implementing the Capital Security Cost Sharing program. 

SEC. 626. None of the funds made available to NASA in this 

Act may be used for voluntary separation incentive payments as provided for in subchapter II of chapter 35 of title 5, United States 

Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills related to the safety of the Space Shuttle or the International Space 

Station or to the conduct of independent safety oversight in the National Aeronautics and Space Administration. 

SEC. 627. Notwithstanding 40 U.S.C. 524, 571, and 572, the 

Administrator of the National Aeronautics and Space Administration may sell the National Aeronautics and Space Administrationowned property on the Camp Parks Military Reservation, Alameda 

County, California. 

SEC. 628. (a) IN GENERAL.—The President of the United States 

through his designee the Administrator of the National Aeronautics 

and Space Administration and in consultation with other Federal 

agencies shall develop a national aeronautics policy to guide the 

aeronautics programs of the Administration through 2020. 

(b) CONTENT.—At a minimum, the national aeronautics policy 

shall describe—

(1) the priority areas of research for aeronautics through 

fiscal year 2011; 

(2) the basis on which and the process by which priorities 

for ensuing fiscal years will be selected; 

(3) the facilities and personnel needed to carry out the program through fiscal year 2011; and 

(4) the budget assumptions on which the national aeronautics policy is based. 

(c) CONSIDERATIONS.—In developing the national aeronautics 

policy, the President shall consider the following questions, which 

shall be discussed in the policy statement— (1) the extent to which NASA should focus on long-term, 

high-risk research or more incremental research or both and the 

expected impact on the U.S. aircraft and airline industries of 

those decisions; 

(2) the extent to which NASA should address military and 

commercial needs; 

(3) how NASA will coordinate its aeronautics program with 

other Federal agencies; and 

(4) the extent to which NASA will fund university research 

and the expected impact of that funding on the supply of U.S. 

workers for the aeronautics industry. 

(d) CONSULTATION.—In developing the national aeronautics policy, the Administrator shall consult widely with academic and industry experts and with other Federal agencies. The Administrator 

55 

may enter into an arrangement with the National Academy of 

Sciences to help develop the national aeronautics policy. 

(e) SCHEDULE.—The Administrator shall submit the new national aeronautics policy to the House and Senate Committees on 

Appropriations and to the House Committee on Science and the 

Senate Committee on Commerce, Science, and Transportation within one year of enactment of this Act. The Administrator shall make 

available to the Congress any study done by a non-governmental entity that was used in the development of the national aeronautics 

policy. 

SEC. 629. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated by 

a department, agency, or instrumentality of the United States to pay 

administrative expenses or to compensate an officer or employee of 

the United States in connection with requiring an export license for 

the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, 

Code of Federal Regulations (International Trafficking in Arms 

Regulations (ITAR), part 121, as it existed on April 1, 2005) with 

a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by 

the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license—

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of—

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada, or 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or a 

Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United 

States, or temporary import of Canadian-origin items from Canada 

for end use in the United States or return to Canada for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of 

such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another naVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
56 

tion. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 630. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving 

appropriated funds under this Act or any other Act shall obligate 

or expend in any way such funds to pay administrative expenses or 

the compensation of any officer or employee of the United States to 

deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) 

and qualified pursuant to 27 CFR Sec. 478.112 or .113, for a permit 

to import United States origin ‘‘curios or relics’’ firearms, parts, or 

ammunition. 

SEC. 631. None of the funds made available in this Act may be 

used to include in any new bilateral or multilateral trade agreement 

the text of—

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 632. Of the funds appropriated to the Federal Trade Com- mission by this Act, not less than $1,000,000 shall be used by the 

Commission to conduct an immediate investigation into nationwide 

gasoline prices in the aftermath of Hurricane Katrina: Provided, 

That the investigation shall include (1) any evidence of pricegouging by companies with total United States wholesale sales of 

gasoline and petroleum distillates for calendar 2004 in excess of 

$500,000,000 and by any retail distributor of gasoline and petroleum distillates against which multiple formal complaints (that 

identify the location of a particular retail distributor and provide 

contact information for the complainant) of price-gouging were filed 

in August or September, 2005, with a Federal or State consumer 

protection agency, (2) a comparison of, and an explanation of the 

reasons for changes in, profit levels of such companies during the 

12-month period ending on August 31, 2005, and their profit levels 

for the month of September, 2005, including information for particular companies on a basis that does not permit the identification 

of any company to which the information relates, (3) a summary of 

tax expenditures (as defined in section 3(3) of the Congressional 

Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(3)) for 

such companies, (4) the effects of increased gasoline prices and gasoline price-gouging on economic activity in the United States, and (5) 

the overall cost of increased gasoline prices and gasoline pricegouging to the economy, including the impact on consumers’ purchasing power in both declared State and National disaster areas 

and elsewhere: Provided further, That, in conducting its investigation, the Commission shall treat as evidence of price-gouging any 

finding that the average price of gasoline available for sale to the 

public in September, 2005, or thereafter in a market area located in 

an area designated as a State or National disaster area because of 

Hurricane Katrina, or in any other area where price-gouging complaints have been filed because of Hurricane Katrina with a Federal 

or State consumer protection agency, exceeded the average price of 

such gasoline in that area for the month of August, 2005, unless the 

Commission finds substantial evidence that the increase is substanVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00056 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
57 

tially attributable to additional costs in connection with the production, transportation, delivery, and sale of gasoline in that area or 

to national or international market trends: Provided further, That 

in any areas of markets in which the Commission determines price 

increases are due to factors other than the additional costs, it shall 

also notify the appropriate State agency of its findings: Provided 

further, That the Commission shall provide information on the 

progress of the investigation to the Senate and House Appropriations Committees, the Senate Committee on Commerce, Science, and 

Transportation, and the House of Representatives Committee on Energy and Commerce every 30 days after the date of enactment of this 

Act, shall provide those Committees a written interim report 90 

days after such date, and shall transmit a final report to those 

Committees, together with its findings and recommendations, no 

later than 180 days after the date of enactment of this Act: Provided 

further, That the Commission shall transmit recommendations, 

based on its findings, to the Congress for any legislation necessary 

to protect consumers from gasoline price-gouging in both State and 

National disaster areas and elsewhere: Provided further, That chapter 35 of title 44, United States Code, does not apply to the collection 

of information for the investigation required by this section: Provided further, That if, during the investigation, the Commission obtains evidence that a person may have violated a criminal law, the 

Commission may transmit that evidence to appropriate Federal or 

State authorities: Provided further, That nothing in this section affects any other authority of the Commission to disclose information. 

SEC. 633. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2005,’’ each place it appears and inserting ‘‘December 31, 2006,’’. SEC. 634. None of the funds made available in this Act may be 

used to send or otherwise pay for the attendance of more than 50 

employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the 

Secretary of State determines that such attendance is in the national interest: Provided, That for purposes of this section the term 

‘‘international conference’’ shall mean a conference attended by representatives of the United States Government and representatives of 

foreign governments, international organizations, or nongovernmental organizations. 

SEC. 635. (a) MODIFICATION OF RESPONSIBILITIES.—Notwithstanding any provision of section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 

7002), or any other provision of law, the United States–China Economic and Security Review Commission established by subsection 

(b) of that section shall investigate and report exclusively on each 

of the following areas: 

(1) PROLIFERATION PRACTICES.—The role of the People’s Republic of China in the proliferation of weapons of mass destruction and other weapons (including dual use technologies), including actions the United States might take to encourage the 

People’s Republic of China to cease such practices. 

(2) ECONOMIC TRANSFERS.—The qualitative and quantitative nature of the transfer of United States production activities to the People’s Republic of China, including the relocaVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00057 Fmt 6659 Sfmt 6603 E:\HR\OC\HR272.XXX HR272
58 

tion of high technology, manufacturing, and research and development facilities, the impact of such transfers on United States 

national security, the adequacy of United States export control 

laws, and the effect of such transfers on United States economic 

security and employment. 

(3) ENERGY.—The effect of the large and growing economy 

of the People’s Republic of China on world energy supplies and 

the role the United States can play (including through joint research and development efforts and technological assistance) in 

influencing the energy policy of the People’s Republic of China. 

(4) ACCESS TO UNITED STATES CAPITAL MARKETS.—The extent of access to and use of United States capital markets by the 

People’s Republic of China, including whether or not existing 

disclosure and transparency rules are adequate to identify People’s Republic of China companies engaged in harmful activities. 

(5) REGIONAL ECONOMIC AND SECURITY IMPACTS.—The triangular economic and security relationship among the United 

States, Taipei, and the People’s Republic of China (including 

the military modernization and force deployments of the People’s Republic of China aimed at Taipei), the national budget 

of the People’s Republic of China, and the fiscal strength of the 

People’s Republic of China in relation to internal instability in 

the People’s Republic of China and the likelihood of the externalization of problems arising from such internal instability. 

(6) UNITED STATES-CHINA BILATERAL PROGRAMS.—Science 

and technology programs, the degree of non-compliance by the 

People’s Republic of China with agreements between the United 

States and the People’s Republic of China on prison labor imports and intellectual property rights, and United States enforcement policies with respect to such agreements. 

(7) WORLD TRADE ORGANIZATION COMPLIANCE.—The compliance of the People’s Republic of China with its accession 

agreement to the World Trade Organization (WTO). 

(8) FREEDOM OF EXPRESSION.—The implications of restrictions on speech and access to information in the People’s Republic of China for its relations with the United States in the areas 

of economic and security policy. 

(b) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—

Subsection (g) of section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 is amended to read as 

follows: 

‘‘(g) APPLICABILITY OF FACA.—The provisions of the Federal 

Advisory Committee Act (5 U.S.C. App.) shall apply to the activities 

of the Commission.’’. 

SEC. 636. Section 635 of division B of Public Law 108–447 is 

amended by striking ‘‘balance’’ and inserting ‘‘and unexpended balances’’. 

SEC. 637. None of the funds made available in this Act may be 

used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such 

commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes 

of section 6(j)(1) of the Export Administration Act of 1979 (50 

59 

U.S.C. App. 2405(j)(1)), has provided support for acts of international terrorism. 

(RESCISSION)

SEC. 638. (a) There is hereby rescinded an amount equal to 0.28 

percent of the budget authority provided for in fiscal year 2006 for 

any discretionary account in this Act. 

(b) Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading, $2,500,000 are rescinded. 

LEGAL ACTIVITIES

ASSETS FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, $102,000,000 are rescinded. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, $25,000,000 are rescinded. 

OFFICE OF JUSTICE PROGRAMS

(RESCISSION)

Of the unobligated balances available under this heading, $110,500,000 are rescinded. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

Of the unobligated balances available under this heading, $86,500,000 are rescinded. 

60 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(RESCISSION)

Of the unobligated balances available in accounts under this heading from prior year appropriations, $25,000,000 are rescinded. 

RELATED AGENCIES 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, 

$25,300,000 are rescinded. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, $12,000,000 are rescinded. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, 

$920,000 are rescinded. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, 

$3,000,000 are rescinded. 

BUSINESS LOANS PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances available under this heading, 

$4,000,000 are rescinded. 

This Act may be cited as the ‘‘Science, State, Justice, Commerce, 

and Related Agencies Appropriations Act, 2006’’. 

And the Senate agree to the same. 

That the Senate recede from its amendment to the title of the 

bill. 

FRANK R. WOLF, CHARLES H. TAYLOR, MARK STEVEN KIRK, 

DAVE WELDON, 

VIRGIL GOODE, Jr., 

61 

RAY LAHOOD, JOHN ABNEY CULBERSON, RODNEY ALEXANDER, JERRY LEWIS, ALAN B. MOLLOHAN, JOSE ́ E. SERRANO, BUD CRAMER, PATRICK J. KENNEDY, CHAKA FATTAH, Managers on the Part of the House. 

RICHARD C. SHELBY, 

JUDD GREGG, 

TED STEVENS, 

PETE V. DOMENICI, 

MITCH MCCONNELL, 

KAY BAILEY HUTCHISON, 

SAM BROWNBACK, 

KIT BOND, 

THAD COCHRAN, 

BARBARA MIKULSKI, 

DANIEL K. INOUYE, 

PATRICK LEAHY, 

HERB KOHL, 

PATTY MURRAY, 

TOM HARKIN, 

BYRON L. DORGAN, 

ROBERT C. BYRD, 

Managers on the Part of the Senate. 

(63) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

2862), ‘‘making appropriations for Science, the Departments of 

State, Justice, and Commerce, and related agencies for the fiscal 

year ending September 30, 2006, and for other purposes’’, submits 

the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the conferees and 

recommended in the accompanying conference report. 

The legislative intent in the House and Senate versions in H.R. 

2862 is set forth in the accompanying House report (H. Rpt. 109–

118) and the accompanying Senate reports (S. Rpt. 109–88 and S. 

Rpt. 109–96). 

The Senate amended the House bill with two amendments. 

The Senate amendment to the text deleted the entire House bill 

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill. 

The Senate amended the title of the House bill. The conference 

agreement adopts the title of the bill as proposed by the House. 

TITLE I—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $124,456,000 for General 

Administration, Salaries and Expenses, as proposed by the House, 

instead of $116,936,000 as proposed by the Senate. 

The conference agreement includes $31,250,000 for the Office 

of Intelligence Policy and Review. This is an increase of $8,289,000 

above fiscal year 2005 and is equal to the budget request. 

The conference agreement includes necessary sums to continue 

efforts to replace locks used to store classified information. 

The conference agreement adopts, by reference, language included in the House report concerning the excessive delay in the 

issuance of regulations governing the recognition of asylum claims 

from women fleeing honor killings, trafficking, sexual slavery and 

domestic violence. The conferees expect the Departments of Justice 

and Homeland Security to issue regulations to govern gender-based 

asylum claims. 

The conference agreement adopts, by reference, language included in the House directing the Attorney General, in cooperation 

with the Director of National Intelligence, to submit a report, not 

later than 120 days after enactment of this Act, on the practicality 

of integrating the Drug Enforcement Administration, or a portion 

thereof, into the Intelligence Community. 

64 

The conference agreement adopts, by reference, language included in the House report encouraging the Attorney General to ensure that every contract the Department enters into that contemplates the exchange of personal data between a contractor and 

the Department includes a provision requiring that entity to have 

a security policy in place that contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been, lost or acquired by an unauthorized 

person. Notification may be delayed or may not occur if it would 

impede a law enforcement investigation or jeopardize national security. 

The conference agreement adopts, by reference, language included in the House report directing the Department to submit a 

report on its efforts to share intelligence relating to large, violent 

gangs with State and local law enforcement officials. The report 

should address specific gangs, drug trafficking organizations, the 

regions in which they operate, and the Federal resources allocated 

to containing these gangs. 

The conference agreement adopts, by reference, language included in the Senate report requiring the Department to provide a 

report to the Committees on Appropriations, no later than 30 days 

after the date of enactment of this Act and quarterly thereafter, on 

all administrative, E-Gov, and centralized training service charges 

to all components of the Department. The report shall include: (1) 

how costs are derived; (2) the specific activities paid for; (3) the 

savings achieved by having a centralized service or E-Gov implementation; (4) all data used to compute savings; (5) how often the 

charges are administered; (6) a breakout of all centralized services 

rolled into the General Administration account or any other account, as well as in each bureau’s budgets. Future budget submissions to the Committees on Appropriations shall include this detailed breakout. 

The conference agreement includes $500,000, as proposed by 

the Senate, for a third party privacy assessment. The Department 

is the repository of large amounts of personal information, much of 

it related to counterterrorism initiatives. With this comes the responsibility of managing and protecting this personal information. 

The party chosen to undertake this third party assessment should 

have knowledge of all applicable privacy laws, including the Privacy Act of 1974 (Public Law 93–579), the E-Government Act of 

2002 (Public Law 107–347), the privacy provisions of the 2004 Omnibus Appropriations Act (Public Law 108–199), and related Office 

of Management and Budget regulations. This assessment should 

provide the framework for implementation of a comprehensive privacy program across the Department. 

The conference agreement adopts, by reference, language included in the Senate report directing that, within 90 days of enactment of this Act, the Department submit a report to the Committees on Appropriations that identifies the cost and use of executive 

aircraft for senior official transport. The report should also address 

whether fractional aircraft ownership is a more cost-effective method. 

The conferees commend the Department for the creation of a 

National Sex Offender Public Registry. The conferees encourage the 

65 

Department to continue to enhance the capabilities of this useful 

tool, including the possibility of a search function by radius to 

allow a user to enter an address and find all registered sex offenders within a specified distance of their neighborhood, regardless of 

zip code, county or State borders. 

The conferees remain concerned about the failure of convicted 

child molesters to register with State and local law enforcement 

agencies when they move into a jurisdiction, as required by the 

laws of many States. According to the National Center for Missing 

and Exploited Children, more than 100,000 convicted sex offenders 

have failed to register. The wide disparity among the State programs in both registration and notification procedures permits sex 

offenders to forum shop to get around reporting. The Attorney General is directed to report to the Committees on Appropriations, 

within 90 days of enactment of this Act, on suggested legislative 

changes necessary to address the gaps and loopholes that may exist 

in the current State registration and reporting systems. 

Information Sharing Systems Available to Federal, State, and 

Local Law Enforcement.—The conferees are concerned about the 

proliferation and the growing costs of information sharing services 

available to Federal, State, and local law enforcement. To ensure 

that these efforts are coordinated, cost efficient, and not duplicative 

of each other, the conferees direct that within 90 days of enactment 

of this Act, the Chief Information Officer shall provide a report to 

the Committees on Appropriations that reviews the numerous information technology sharing services available to law enforcement. 

This report shall include recommendations on methods to ensure 

coordination and functionality to provide comprehensive services to 

law enforcement. The services to be considered in the study shall 

include but not be limited to the Regional Information Sharing System, the Criminal Information Sharing Alliance Network, Nationwide Pegasus Program, Law Enforcement Online, and the Department’s N-DEX and R-DEX systems. 

Radiation Exposure Compensation.—The conferees direct the 

Department to submit a report, within 90 days of enactment, to the 

Committees on Appropriations detailing those actions that the Department and the Congress can take to implement the recommendations of the National Academy of Sciences’ report on the 

coverage of affected populations by the Radiation Exposure Compensation Act (Public Law 108–375). 

Reducing the Number of Alien Absconders.—The conferees recognize the importance of reducing the rate of aliens who do not 

comply with Orders of Removal, known as absconders. However, 

the ability to address this situation is not fully within the control 

of one Federal department. Both the Department of Homeland Security (DHS) and Department of Justice (DOJ) must work closely 

together to achieve this goal. The conferees direct DOJ, in conjunction with DHS, to study existing apprehension, detention, appeal, 

and removal policies and procedures. The conferees direct DHS and 

DOJ to jointly submit a report to the Committees on Appropriations by February 18, 2006, on the efforts each Department will 

take to reduce the absconder rate, including proposed changes to 

existing policies, procedures, and laws to further assist in reducing 

the absconder population. 

66 

Office of Privacy and Civil Liberties.—The conference agreement adopts, by reference, language included in the House report 

expressing disappointment in the Department’s inability to complete the initial report on the establishment of this Office. The conferees direct the Department to submit the initial report, as soon 

as possible, and to provide subsequent annual reports by January 

30 of each year. Of the funds provided for the Departmental Leadership Program, not less than $690,000 shall be available for the 

Office of Privacy and Civil Liberties and for no other purpose. 

JUSTICE INFORMATION SHARING TECHNOLOGY

The conference agreement provides $125,000,000 for this account, instead of $135,000,000 as proposed by both the House and 

Senate. 

The conference agreement includes $10,000,000 for the Unified 

Financial Management System and not less than $5,000,000 for the 

Public Key Infrastructure and Secure Communications program. 

Information Technology Governance Board.—Given the Department’s recent high profile information technology (IT) failures and 

the large amount of resources devoted to these programs, the conferees direct the Department to set up an Investment Review 

Board to be led by the Deputy Attorney General to oversee the development of all critical IT infrastructure acquisitions and improvements. The Investment Review Board shall review the completeness of the initial business case and cost justification, ensure the 

creation of realistic project performance metrics that measure compliance with the projects’ stated scope, costs, schedule, performance 

and quality. The Attorney General shall, within 90 days of enactment of this Act, submit to the Committees on Appropriations for 

approval, a plan that includes the organization and membership of 

the Board and the operating agreement defining how the Board 

governs. 

Automated Biometric Identification System/Integrated Automated Fingerprint Identification System (IDENT/IAFIS).—The 

conferees understand that the Secretary of Homeland Security announced in July, 2005, the adoption of the biometric standard for 

identification and verification that was recommended by the National Institute of Standards and Technology and supported by 

DOJ. The conferees are pleased that Administration officials are finally beginning to address the IDENT, IAFIS, U.S.-VISIT interoperability issue. The conferees direct the DOJ to submit an update 

on its efforts to make the IDENT, IAFIS, and U.S.-VISIT systems 

fully interoperable no later than 180 days after enactment of this 

Act. 

The conference agreement adopts, by reference, language included in the House report directing that the Office of the Chief Information Officer manage the Department’s participation in e-government initiatives and Federal Investigation Case Management 

System. 

67 

NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK

The conference agreement provides $90,000,000 for this account, as proposed by the Senate, instead of $70,874,000, as proposed by the House. 

ADMINISTRATIVE REVIEW AND APPEALS

The conference agreement provides $215,685,000 for this account, as proposed by the House, instead of $216,286,000, as proposed by the Senate. 

The conference agreement adopts, by reference, language included in the House report concerning guidelines for the adjudication of unaccompanied aliens and training for judges and pro bono 

attorneys. 

The conference agreement adopts, by reference, language included in the House report urging the Office of Immigration Review 

to explore with the DHS the possibility of expanding the Legal Orientation Program, which is funded by the DHS. 

DETENTION TRUSTEE

The conference agreement provides $1,222,000,000 for the Detention Trustee, as proposed by both the House and the Senate. 

This funding level assumes the use of $45,000,000 of prior year unobligated balances. 

The conference agreement adopts, by reference, language included in the Senate report requiring a quarterly report on the 

Federal detainee population. The conference agreement adopts, by 

reference, language included in the House report regarding the Detention Trustee’s efforts to develop automated systems to reduce 

detention time. 

The Detention Trustee shall notify the Committees on Appropriations 90 days prior to soliciting any contract for new detention 

facilities. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides 

$68,801,000 for the Office of Inspector General (OIG), instead of 

$66,801,000 as proposed by the House and $70,431,000 as proposed 

by the Senate. 

The conference agreement adopts, by reference, language included in the Senate report directing the OIG to review and assess 

how well the investigations conducted by the Drug Enforcement 

Administration’s Mobile Enforcement Teams, the Federal Bureau 

of Investigation’s Safe Street Task Forces, the United States Marshals Service’s Fugitive Task Forces, and Bureau of Alcohol, Tobacco, Firearms and Explosives’ Violent Crimes Impact Teams are 

coordinated. 

The conferees direct the OIG to compile and present to the 

Committees on Appropriations an inventory of all major Department information technology systems and planned initiatives. This 

inventory will include the system name, system description, component, cost, and implementation status. The OIG shall also provide 

a report that details all research, plans, studies, and evaluations 

68 

that the Department has produced, or is in the process of producing, concerning IT systems, needs, plans, and initiatives. This 

shall include an analysis that will identify the depth and scope of 

the problems DOJ has experienced in the formulation of its IT 

plans. 

Sentinel Oversight.—The conference agreement provides an additional $2,000,000 to continue to build the OIG’s IT oversight capacity and to provide the OIG with an enhanced capability to conduct ongoing oversight of the Department’s IT project acquisition 

and management practices. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $11,000,000 for the United 

States Parole Commission, as proposed by the Senate instead of 

$11,200,000, as proposed by the House. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The conference agreement provides $661,959,000 for General 

Legal Activities, instead of $665,821,000, as proposed by the House, 

and $648,245,000, as proposed by the Senate. The distribution of 

funding provided is as follows: 

GENERAL LEGAL ACTIVITIES

[Dollars in thousands] 

2005 appropriation 

Office of the Solicitor General ........................................................................ $8,399 

Tax Division ..................................................................................................... 81,548 

Criminal Division ............................................................................................ 144,957 

Civil Division ................................................................................................... 195,359 

Environment and Natural Resources Division .............................................. 93,974 

Office of Legal Counsel ................................................................................... 5,937 

Civil Rights Division ....................................................................................... 110,447 

Interpol U.S. National Central Bureau ......................................................... 20,852 

Office of Dispute Resolution ........................................................................... 486 

Total .......................................................................................................... 661,959 

Within the level of funding provided, $250,000 shall be to enforce subsections (a) and (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 

Criminal Division.—The conference agreement provides a 

$9,612,000 increase for the Criminal Division, of which $1,000,000 

and 8 positions (7 attorneys) are for gang investigations and prosecutions. These additional resources shall be applied to enhance 

the Department’s coordination of gang investigations across judicial 

districts and with international law enforcement partners, and to 

assist U.S. Attorneys offices that need additional resources and expertise to effectively prosecute complex gang cases. 

The recommendation for the Criminal Division also provides a 

$1,000,000 increase for the Criminal Division to target, prosecute, 

and seize the assets of those who commit crimes against the youngest and most vulnerable members of our society. 

69 

Civil Rights Division.—The conference agreement fully funds 

the Civil Rights Division’s efforts to combat human trafficking. The 

conferees expect the Department to continue submitting yearly updates regarding efforts to address human trafficking. 

Civil Division.—The conferees recognize the increased workload of the Office of Immigration Litigation and expect the Civil Division to make increases to the on-board staffing for this office a 

priority within the resources provided. 

The conference agreement includes bill language carried in 

previous appropriations acts allowing the Attorney General to provide additional resources to the Civil Division, if emergent circumstances warrant, through transfers of funds from other Department sources, subject to the requirements of section 605 of this Act. 

The conferees expect the Department to submit a reprogramming 

for costs associated with continuing tobacco and other litigation activities, should funding be warranted. 

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The conference agreement includes a reimbursement of 

$6,333,000 from the Vaccine Injury Compensation Trust Fund to 

DOJ, as proposed by both the House and Senate. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

The conference agreement provides $144,451,000 for the Antitrust Division, as proposed by both the House and Senate. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement provides $1,600,000,000 for the 

United States Attorneys instead of $1,626,146,000 as proposed by 

the House, and $1,572,654,000 as proposed by the Senate. 

The conference agreement includes $1,500,000 to continue and 

expand task force activities associated with Operation 

Streetsweeper. 

The conference agreement adopts, by reference, language included in the Senate report designating $10,000,000 for Cybercrime 

and Intellectual Property Enforcement and requiring a report to be 

submitted to the Committees on Appropriations not later than 

April 30, 2006, on the number, type, and location of copyright prosecutions undertaken in the previous year. 

The conference agreement includes not less than $27,000,000 

for the investigation and prosecution of identity theft. 

Within the level of funds provided, the conferees expect U.S. 

Attorneys to make the prosecution of human smugglers, referred to 

as ‘‘coyotes’’, a priority. 

UNITED STATES TRUSTEE SYSTEM FUND

The conference agreement provides $214,402,000 for the 

United States Trustee System Fund, as proposed by both the 

House and Senate. 

70 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

COMMISSION

The conference agreement provides $1,320,000 for this account, 

instead of $1,220,000 as proposed by the House, and $1,270,000 as 

proposed by the Senate. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The conference agreement provides $793,031,000 for the 

United States Marshals Service (USMS), Salaries and Expenses account, instead of $800,255,000 as proposed by the House and 

$764,199,000 as proposed the Senate. 

In addition to inflationary and other required base adjustments, the conference agreement includes the following program 

changes: (1) an increase of $100,000 for an intelligence analyst to 

be assigned to the National Gang Intelligence Center to coordinate 

USMS anti-gang fugitive activities with other law enforcement 

agencies; (2) an increase of $758,000 for information technology enhancements; (3) an increase of $2,500,000 for 25 additional deputy 

marshals for security associated with high-risk cases and the growing number of prisoners awaiting trial or sentencing; (4) an increase of $100,000 and one position for the Witness Security Program; (5) a reduction of $1,745,000 for savings associated with 

travel and training; (6) an increase of $9,000,000 for the establishment of a Gulf Coast Fugitive Task Force; (7) an increase of 

$2,185,000 to support the five existing regional fugitive task forces, 

including $425,000 for State and local overtime, training, equipment, communication, vehicles, contractor support and support to 

District Fugitive Task Forces and $1,760,000 for 12 additional positions; (8) an increase of $210,000 for two additional positions for 

the Criminal Information Branch; (9) an increase of $1,063,000 for 

the Technical Operations Group, including $600,000 for 4 additional positions and $463,000 for equipment, maintenance and increased circuit costs; and (10) an increase of $575,000 for courthouse security equipment. 

The conferees are concerned that workloads in local USMS offices exceed current staffing levels, raising questions regarding the 

distribution of funds to local offices, current restrictions on overtime pay, and staffing levels. The conferees direct the USMS to 

submit a report no later than March 31, 2006, detailing how funds 

are allocated to local USMS offices, how full time equivalents and 

other positions are distributed among these offices, and all policies 

regarding restrictions on overtime pay. 

Under the Interagency Crime and Drug Enforcement account, 

the conference agreement does not include the requested 

$2,072,000 increase for the USMS. 

Courthouse Security Equipment.—The conference agreement 

provides $12,000,000 for the preventive maintenance and repair of 

courthouse security equipment to be allocated to the USMS’s highest priority needs. The conference agreement directs the USMS to 

report to the Committees on Appropriations within 30 days of enactment of this Act on the allocation of this funding. 

71 

The conferees are concerned with the long-term courthouse security equipment requirements of the USMS. The conferees expect 

the USMS to develop long-term plans to address these requirements and expect future budget requests to include sufficient resources to address USMS equipment deficiencies. 

Regional Fugitive Task Forces.—The conference agreement provides $27,683,000 for Regional Fugitive Task Forces. Of these 

funds, $18,683,000 is provided for the existing five regional task 

forces, including $16,498,000 for base resources, $1,760,000 for 12 

new positions, and $425,000 for State and local overtime, training, 

equipment, communication, vehicles, contractor support and support to District Fugitive Task Forces. Within the funds provided, 

the conference agreement includes $9,000,000 for the establishment 

of a new Gulf Coast Regional Fugitive Task Force to be 

headquartered in Birmingham, Alabama; with additional offices in 

Montgomery, Alabama; Mobile, Alabama; Jackson, Mississippi; and 

Oxford, Mississippi. Funds are provided to support 37 new positions (22 in Alabama and 10 in Mississippi) and 19 full-time equivalent positions, and $3,528,000 is provided for other start-up and 

operational costs. 

Criminal Information Branch.—The conference agreement provides $1,050,000 for the Criminal Information Branch, of which 

$840,000 is for base resources and $210,000 is for two additional 

analysts and support personnel. 

Technical Operations Group.—The conference agreement provides $17,450,000 for the Technical Operations Group, of which: 

$16,387,000 is for base resources; $463,000 is for equipment, maintenance, and increased circuit costs; and $600,000 is for four new 

full-time equivalent positions. 

Criminal Information Systems.—The conference agreement 

provides $2,650,000 in base resources for Criminal Information 

Systems. 

International Fugitives.—The conference agreement provides 

$4,380,000 in base resources for the International Fugitive Apprehension Program. 

Special Operations Group.—The conference agreement provides 

$4,414,000 in base resources for the Special Operations Group. 

Central Courthouse Management Group.—The conference 

agreement provides $4,433,000 in base resources for the Central 

Courthouse Management Group. 

Emergency Supplemental.—The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13) appropriated $11,935,000 to 

increase judicial security outside of courthouse facilities. The conferees understand that there is a disagreement between the Department and the Federal Judiciary over how future costs for home 

intrusion detection systems should be funded. The conferees expect 

the executive and judicial branches of government to work out their 

differences before submission of the fiscal year 2007 budget request. The safety of judges and the efficient use of appropriated 

funds demands improved cooperation and coordination between the 

executive and judicial branches. 

72 

CONSTRUCTION

The conference agreement provides $8,883,000 for this account 

instead of no funding as proposed by the House and $12,000,000 

as proposed by the Senate. 

The conference agreement provides funding for construction in 

space controlled, occupied, or utilized by the USMS in United 

States courthouses and Federal buildings, including but not limited 

to the creation, renovation, and expansion of prisoner movement 

areas, elevators, sallyports, staff offices, and other law enforcement 

and court security support space. As in prior years, the conferees’

intent is to provide for all construction activity to support the mission of the USMS in protection of the Federal judiciary and other 

law enforcement activities. The conferees understand that, due to 

the inherent nature of construction, slippages may occur in the construction schedule. As in the past, funds may be directed to other 

locations as needed. However, USMS is directed to notify the Committees on Appropriations of such slippages and of the plans to redirect such funds prior to the expenditure of those funds, in accordance with section 605 of this Act. 

The conference agreement includes $3,000,000 for the establishment of the Gulf Coast Regional Fugitive Task Force. These 

funds will support the rent and/or construction of office space in 

five locations, a local area network and high-speed communications 

link, and office furnishings. 

The remaining funds shall be allocated to the USMS’ highest 

priority construction needs. The conference agreement directs the 

USMS to report to the Committees on Appropriations within 30 

days of enactment of this Act on the allocation of this funding. 

The conferees are concerned with the long-term construction 

requirements of the USMS. The conferees expect the USMS to develop long-term plans to address these requirements and expect future budget requests to include sufficient resources to address 

USMS facility deficiencies. 

FEES AND EXPENSES OF WITNESSES

The conference agreement includes $168,000,000 for Fees and 

Expenses of Witnesses, as proposed by both the House and Senate. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The conference agreement provides $9,659,000 for the Community Relations Service, as proposed by both the House and Senate. 

ASSETS FORFEITURE FUND

The conference agreement includes $21,468,000 for the Assets 

Forfeiture Fund, as proposed by both the House and Senate. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The conference agreement provides $489,440,000 for this account, instead of $506,940,000 as proposed by the House and 

$440,197,000 as proposed by the Senate. The conference agreement 

73 

provides the following amounts to reimburse agencies for their 

costs of participating in these task forces: 

REIMBURSEMENT BY AGENCY

[Dollars in thousands] 

Amount 

Department of Justice Agencies: 

Drug Enforcement Administration ......................................................... $196,410 

Federal Bureau of Investigation ............................................................. 136,678 

United States Marshals Service .............................................................. 7,022 

Bureau of Alcohol, Tobacco, Firearms and Explosives .......................... 11,318 

United States Attorneys .......................................................................... 128,084 

Criminal Division ..................................................................................... 2,702 

Tax Division .............................................................................................. 984 

Administrative Office ............................................................................... 6,242 

Total ....................................................................................................... 489,440 

The conference agreement does not adopt the Administration’s 

proposal to transfer $50,000,000 and 365 Federal Bureau of Investigation (FBI) agents from the FBI’s salaries and expenses budget 

to this account. The conferees believe this proposal unnecessarily 

limits the FBI’s ability to allocate resources to the highest priority 

threats such as terrorism, counterintelligence, cyber crime and 

gang enforcement. 

The conference agreement does not transfer the High Intensity 

Drug Trafficking Areas program from the Office of National Drug 

Control Policy to this account, as proposed in the budget request. 

The conferees direct the Department to use prior year unobligated balances available in this account to fund the operations of 

the Drug Fusion Center. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement provides $5,728,737,000 for the Federal Bureau of Investigation (FBI) Salaries and Expenses account, 

instead of $5,741,132,000 as proposed by the House, and 

$5,295,513,000 as proposed by the Senate. 

The conference agreement does not adopt the Administration’s 

proposal to transfer $50,000,000 and 365 agents from this account 

to the Organized Crime and Drug Enforcement Task Forces account. This proposal would unnecessarily limit the FBI’s ability to 

allocate resources to the highest priority and emerging threats such 

as terrorism, counterintelligence, cyber crime and gang enforcement. 

The conference agreement includes an increase of $163,211,000 

for adjustments to base to support the current operating level and 

provides the following program changes: (1) a $26,317,000 increase 

for intelligence program development, training, and employee recruitment; (2) a $36,373,000 increase for 329 additional intelligence 

analyst and intelligence support positions; (3) a $26,299,000 increase and an additional 274 positions for the foreign language program; (4) a $25,000,000 increase for additional Top Secret/Sensitive 

Compartmented Information Operational Network connectivity; (5) 

a $70,000,000 increase and an additional 61 positions for the Terrorist Screening Center (TSC); (6) a $8,000,000 increase for the 

74 

Law Enforcement On-Line program; (7) a $6,023,000 increase and 

an additional 7 positions for the Terrorist Explosive Device Analytical Center (TEDAC); (8) a $69,810,000 increase and an additional 

396 national security investigations personnel; (9) a $14,297,000 increase and an additional 10 positions to improve IT program management; (10) a $10,000,000 increase for additional access to 

SBUNet; (11) a $13,260,000 increase and an additional 42 positions 

for legal attache ́ expansion and IT infrastructure; (12) a $4,929,000 

increase and an additional 40 positions to increase the FBI’s surveillance capabilities; (13) a $35,000,000 increase for 

counterterrorism operations; (14) a $14,295,000 increase and an additional 68 positions for the Critical Incident Response Group; (15) 

a $20,000,000 increase for renovations to the FBI Academy; (16) a 

$2,690,000 increase and an additional 22 positions for the Innocent 

Images National Initiative; (17) a $1,604,000 increase and an additional 10 positions for child exploitation and obscenity investigations; (18) a $5,000,000 increase for pay and benefit enhancements 

to continue the implementation of the new pay authorities; (19) a 

$5,000,000 increase for training programs; (20) a $20,000,000 increase to accelerate the expansion of secure facilities in FBI field 

offices; (21) a $9,700,000 increase for gang enforcement; (22) a 

$5,000,000 increase for 100 additional administrative personnel; 

(23) a $5,125,000 increase for the Hazardous Devices School; (24) 

a $20,000,000 increase for the Special Technologies and Applications Section; (25) a $3,173,000 increase for Child Abduction Rapid 

Deployment Teams; (26) a $16,796,000 general reduction; (27) a 

$5,404,000 and 42 position reduction in lower priority criminal programs; and (28) a $4,674,000 reduction for electronic government 

efficiencies. 

The conference agreement adopts, by reference, language included in the House report on the FBI Transformation and the continuation of quarterly updates. 

The conferees are supportive of the Administration’s efforts to 

implement the recommendations of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of 

Mass Destruction (WMD Commission) including the creation of a 

National Security Branch within the FBI and a National Security 

Division at the DOJ. The conferees direct the Attorney General to 

submit a report, not later than 60 days after enactment of this Act, 

on the actions taken to implement the recommendations of the 

WMD Commission. 

Infrastructure.—The conferees are concerned that the FBI has 

been neglecting its national security infrastructure over the past 

several years. While the FBI has requested and received significant 

personnel increases since September 11, 2001, the FBI has not 

taken adequate steps to ensure that these new personnel have the 

tools to perform their duties efficiently. Specifically, the FBI has indicated that it does not possess sufficient Sensitive Compartmented 

Information Facilities (SCIF) to equip and house its counterintelligence and counterterrorism personnel. To address this shortfall, 

the conferees have included an additional $20,000,000 for SCIFs in 

the field divisions and resident agencies with the greatest need. 

This is in addition to the $20,500,000 in base funding for SCIFs. 

Should additional funding become available, the conferees would 

75 

support a reprogramming of resources for additional SCIFs, subject 

to section 605 of this Act. 

The conferees also direct the FBI to submit a report to the 

Committees on Appropriations and Committees on Intelligence that 

details its plan, including projected growth, schedule, and costs, for 

providing adequately equipped SCIFs in all field divisions and resident agencies conducting national security investigations. The report should be submitted no later than February 15, 2006. 

In addition to deficiencies in secure space, the conferees note 

that reports by the National Academy of Public Administration 

(NAPA) and the OIG have identified shortfalls in the FBI’s capability to fill all of their analyst and support positions, to implement 

effective analytical training programs, and effectively use IT. 

Therefore, the conference agreement reduces the amount of funding 

requested for additional staff from 2,044 positions to 1,317 positions in order to provide additional funding to address these infrastructure deficiencies. The conference agreement provides increases 

above the request for IT program management ($7,297,000), training programs, including the FBI Academy and the Hazardous Devices School ($15,125,000), IT network connectivity ($7,321,000), 

administrative staff ($5,000,000), recruitment and retention 

($5,000,000), and, as discussed above, expanded secure space 

($20,000,000). 

Staffing Increases.—The conference agreement provides staffing increases for various requested enhancements including national security investigations, surveillance specialists, intelligence 

analysts, the TSC, the TEDAC, the CIRG, and legal attache ́ offices. 

The conferees direct the FBI to provide the Committees on Appropriations with a report on how these additional staffing resources 

will be allocated based on position type and program to address the 

highest priority threats. 

Information Technology.—The conferees are disappointed that 

the implementation of the Virtual Case Files (VCF) program has 

been unsuccessful, wasting tax payers’ dollars and leaving agents 

and analysts without the necessary IT tools. However, the conferees note that the FBI has made certain notable improvements 

in its IT program. First, the FBI brought in a skilled Chief Information Officer (CIO) and granted him the authority and independence to effectively oversee IT throughout the FBI. Second, under 

the CIO’s leadership, Sentinel, the FBI’s new replacement case 

management system, seems to address many of the problems that 

led to VCF’s failure, such as independent verification of requirements and cost estimates, phased in development and deployment, 

and commercial off-the-shelf rather than custom software. 

To help ensure success, the FBI must have program management ‘‘bench strength’’ as Sentinel moves forward. Therefore, the 

conference agreement includes an increase of $14,297,000 to enhance the Office of the CIO. The conferees expect the FBI to use 

the enhanced pay authorities provided in fiscal year 2005, as well 

as the new authority provided this year regarding the Senior Executive Service, to enhance and stabilize the Office of the CIO. 

The conferees direct the OIG to provide the Committees on Appropriations with regular updates during fiscal year 2006 on the financial and programmatic status of Sentinel. 

76 

The conference agreement provides no funding for Sentinel. 

The FBI is expected to reprogram existing resources, subject to section 605 of this Act, to fund Sentinel costs during fiscal year 2006. 

Training.—Within the increases provided for intelligence program development and national security personnel, the conference 

agreement includes the requested amounts of $5,197,000 for intelligence training and $2,500,000 for national security training. In 

addition, the recommendation provides a $20,000,000 increase to 

perform necessary renovations to the FBI Academy, which is 

$5,000,000 above the request. The conferees encourage the FBI to 

quickly develop and implement a plan to renovate the FBI Academy to improve its training capabilities. Finally, the conference 

agreement includes an additional $5,000,000 above the request to 

accelerate training enhancements to the FBI’s intelligence, 

counterterrorism, and counterintelligence training programs. 

The conference agreement adopts, by reference, language included in the House report concerning coordination of hiring and 

availability of training; joint training with agents, analysts and 

other Intelligence Community agencies; the expansion of the University Education Program, the Sabbatical Program, the Fellows 

Program, and the use of the Foreign Service Institute; and working 

with NAPA to improve training programs for first-line supervisors, 

mid-level managers and executives. 

Support and Administrative Staff.—The conference agreement provides a $5,000,000 increase for an additional 100 support staff. 

The conference agreement adopts, by reference, language included 

in the House report regarding support and administrative staff including: directing the FBI to focus its hiring efforts on filling vacant support and administrative positions in order to improve 

agent and analyst performance and job satisfaction; and re-evaluating the staffing model for the number of administrative staff required to support new agents and analysts. 

Recruitment and Retention.—Within the increases provided for 

intelligence program development and national security personnel, 

the conference agreement includes the requested program increase 

of $9,200,000 for intelligence analyst relocation, bonuses, and college loan repayments, and the requested increase of $4,192,000 for 

special agent transfers. In addition, the conference agreement includes $5,000,000 above the request to provide additional retention 

and recruitment opportunities. The conference agreement adopts, 

by reference, language included in the House report regarding recruitment and retention, including working with NAPA to ensure 

that the FBI’s new personnel authorities are used effectively. 

Human Resources.—The conference agreement adopts, by reference, language included in the House report regarding human resources including working with NAPA to develop a comprehensive 

leadership development strategy and the submission of a report on 

the creation of an Office of Human Resources. The report describing the responsibilities of this new office shall be submitted not 

later than 90 days after enactment of this Act and shall describe, 

at a minimum, how this office will: (1) ensure that employee rating 

systems match the FBI’s priorities, including intelligence and security; (2) ensure the new pay authorities and funding provided to attract and retain staff are effectively utilized; (3) develop leadership 

77 

and succession planning programs; and (4) consider ways to give 

FBI field offices more flexibility in hiring administrative staff. In 

addition, this report shall outline how the FBI intends to ensure 

that hiring decisions and training availability are coordinated. 

Legal Attache ́ Expansion and Information Technology Infrastructure.—The conference agreement includes an increase of $9,925,000 and 39 positions for legal attache ́ office expansions including a new office in Tashkent, Uzbekistan, and office expansions 

in Abu Dhabi, United Arab Emirates; Canberra, Australia; London, 

United Kingdom; Nairobi, Kenya; New Delhi, India; Ottawa, Canada; Port of Spain, Trinidad; and Rabat, Morocco. This includes increases of $986,000 and 14 positions for headquarters support, 

$5,696,000 for 25 field positions, and $3,243,000 for non-personnel 

infrastructure requirements. In addition, the conference agreement 

provides an increase of $3,335,000 and 3 positions to establish a 

legal attache ́ office in San Salvador, El Salvador. 

Gang Enforcement.—The conference agreement includes a $5,000,000 increase to establish 20 additional Safe Streets Task 

Forces, and a $4,700,000 increase for additional National Gang Intelligence Center and task force needs. As discussed earlier, the 

conference agreement includes an increase of $3,335,000 to create 

a legal attache ́ office in San Salvador, El Salvador. This office is 

established to enhance cooperation in gang investigations with 

international law enforcement partners. 

Security Clearances.—Within the increase provided for intelligence program development, the conference agreement includes 

the requested program increase of $3,526,000 for additional contract adjudicators to ensure the FBI has the most trustworthy 

workforce available and to increase its capability to recognize applicants who have been directed to seek employment with the FBI by 

hostile organizations or groups. The conferees encourage the FBI to 

use information technology tools, as appropriate, to reduce the 

amount of time required to perform background checks and promote reciprocity between government agencies. 

Cyber Investigations.—The conference agreement includes a 

$20,000,000 increase for the Special Technologies and Applications 

Section (STAS) for recurring operational needs. These funds may 

be used for personnel funding for additional Special Agent and 

other personnel to meet the needs of the program. 

The conferees direct the FBI to establish a cyber crime task 

force in Birmingham, AL. The FBI shall report to the Committees 

on its progress within 60 days of the enactment of this Act. 

The conference agreement provides an increase of $2,690,000 

for the Innocent Images National Initiative (IINI) to expand field 

training programs, strengthen interagency partnerships with law 

enforcement partners, and provide increased operational support to 

the field. IINI is an intelligence-driven, proactive, multi-agency investigative initiative to combat the proliferation of child pornography and child sexual exploitation facilitated by an online computer. The IINI provides centralized coordination and analysis of 

case information that by its very nature is national and international in scope, requiring unprecedented coordination throughout 

the FBI, as well as with State, local, and international governments. 

78 

Child Exploitation and Obscenity Investigations.—In coordination with the DOJ Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and the National Center for Missing and 

Exploited Children (NCMEC), the FBI has implemented the ‘‘Innocent Lost’’ initiative, which is intended to address the growing 

problem of domestic child prostitution. The FBI provides the investigative aspect of the initiative, while DOJ–CEOS commits the 

prosecutorial resources and the NCMEC provides training for the 

participating field offices. The conference agreement includes an 

additional $1,604,000 to more aggressively identify, investigate, 

and prosecute crimes of this nature. 

Criminal Justice Information Services Division.—The conference agreement includes $395,700,000, including fee collections, 

for the Criminal Justice Information Services Division (CJIS). As 

in previous years, under no circumstances is the FBI to divert 

funding collected through the CJIS user fee for any purpose other 

than CJIS, its refreshment plan, or a subsequent modernization 

plan for the current facility. 

Next Generation Integrated Automated Fingerprint Identification System (IAFIS).—The conferees support the FBI’s efforts to 

improve the speed and accuracy of IAFIS, expand the data available in the system, and improve its latent print capabilities. The 

conferees direct the FBI to use excess user fee collections from various Criminal Justice Information Services’ programs to fully fund 

the Next Generation IAFIS project in fiscal year 2006 including the 

$16,808,000 requested program increase. 

Hazardous Devices School.—The Hazardous Devices School 

(HDS) trains bomb technicians from around the world to locate, 

identify, render safe, and dispose of improvised explosive devices, 

as well as learn to use specialized equipment and protective clothing needed for the safe disposal of explosive materials. To ensure 

HDS has leading edge technology to match this critical mission, the 

conference agreement includes a $5,125,000 increase to develop, 

produce, and deploy a simulated training module that will enhance 

its training program. 

Intellectual Property Rights.—Industrial espionage, by both 

erstwhile friends and obvious foes, has become the growth industry 

in the counterintelligence world. The struggle for domination 

among major powers is now played out in largely economic terms. 

Ideas and innovation are the sinews of national strength. Within 

available resources, $9,000,000 shall be available to combat industrial espionage and other threats to the intellectual property rights 

of manufacturers and researchers in the United States. 

The conferees are also concerned about identity theft and encourage the FBI to work with the U.S. Attorneys to increase investigations and prosecutions in this area. 

National Name Check Programs.—The conferees understand 

there is a significant backlog in the processing of background 

checks for petitions and applications pending before the United 

States Citizenship and Immigration Service (USCIS). The FBI is 

reimbursed for the cost of these background checks by USCIS. The 

conferees direct the FBI to ensure that current fees paid by USCIS 

are directed solely toward completion of USCIS background checks 

and prevention of future backlogs of USCIS background checks. 

79 

The FBI is further directed to submit a report to Congress identifying current use of funds submitted by USCIS for purposes of 

background checks and to include in that report a fee review to determine whether current fees accurately reflect cost savings that 

have been developed as a result of transition to an electronic rather 

than paper-based system. 

The conference agreement adopts, by reference, language included in the House report concerning information sharing, the 

records management center, the correctional intelligence initiative, 

and enforcement of export laws. 

CONSTRUCTION

The conference agreement provides $37,608,000 for FBI construction, instead of $20,105,000 as proposed by the House and 

$25,213,000 as proposed by the Senate. 

The conference agreement includes funding for the following 

projects: (1) $5,000,000 for a chemical and biological evidence handling and storage facility to be co-located with comparable facilities 

in existence for sampling, handling, and receipt of hazardous material by the Department of the Army; (2) $7,500,000 for Critical Incident Response Group facility needs; (3) $10,000,000 for equipment 

and other necessary costs associated with establishing a permanent 

records management facility; and (4) $15,108,000 for the FBI Center for Integrated Training and Technology Transfer at Redstone 

Arsenal. The Center will provide training areas including secure 

space, classrooms, and practical problem areas for both FBI personnel and State and local bomb technicians. 

DRUG ENFORCEMENTS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement appropriates $1,686,457,000 for the 

Drug Enforcement Administration (DEA), instead of $1,716,173,000 

as proposed by the House and $1,647,142,000 as proposed by the 

Senate. 

The conference agreement does not adopt the Administration’s 

proposal to reduce Mobile Enforcement Teams or to eliminate the 

Demand Reduction program. The conference agreement funds these 

programs at their current services level. The conferees direct the 

DEA to focus these programs on combating methamphetamine 

(meth) production, trafficking and abuse. 

The conference agreement includes an increase of $215,000 for 

2 intelligence analysts to be assigned to the National Gang Intelligence Center to coordinate DEA anti-gang activities with other 

law enforcement agencies. 

The conferees direct the DEA to focus the remaining funding 

increase on its highest priority programs such as combating heroin 

trafficking in Afghanistan and Central Asia, and enhancing its intelligence capabilities. 

Within the total level of funding provided in this bill and in 

prior years, the conferees expect DEA to establish a presence in 

Dubai, United Arab Emirates to help combat the movement of proceeds from heroin trafficking. 

80 

In addition, the conference agreement includes $20,000,000 

under the Office of Justice Programs for DEA to assist State and 

local law enforcement with proper removal and disposal of hazardous materials at clandestine meth labs and to initiate a container program, including funding for training, technical assistance 

and purchase of equipment to adequately remove and store hazardous material. Within the level of funding provided, DEA shall 

dedicate three positions to manage and oversee this program. 

Air Assets.—DEA’s mission is to disrupt and dismantle the 

major drug trafficking organizations responsible for supplying the 

bulk of illegal drugs that enter the United States. The conferees 

strongly support this mission, but are concerned about the lack of 

air assets available to DEA agents stationed in key transit countries. To be most effective in these locations, DEA must be able to 

react quickly to traffickers’ movements to intercept and deny large 

shipments of drugs bound for the United States. Due to other 

pressing demands, the air assets of the Defense Department and 

other law enforcement agencies are not generally available for 

DEA’s use, leaving DEA unable to respond to important enforcement opportunities. The conferees direct the DEA to provide a report by April 1, 2006, on the availability of air assets, both its own 

and those of other agencies, to meet its demands for squad-size deployments of DEA agents in key transit zone countries. 

Diversion Control Fee Account.—The conference agreement in- cludes $201,673,000 for this account, which is $47,457,000 above 

fiscal year 2005. The conference agreement includes the following 

increases: (1) $11,735,000 for inflationary and other base adjustments; (2) $8,726,000 to annualize the fiscal year 2005 transfer of 

the Drug and Chemical Diversion Control Decision Unit to the Diversion Control Fee Account; (3) $13,435,000 transferred from the 

Salaries and Expenses account to more accurately reflect DEA’s actual diversion control activities; (4) $8,857,000 and 41 positions to 

improve intelligence analysis supporting diversion investigations; 

and (5) $4,704,000 and 23 positions for additional agents to conduct 

diversion investigations. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conference agreement provides $923,613,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as proposed by the House, instead of $923,700,000 as proposed by the 

Senate. 

The conference agreement includes the following changes: (1) $13,314,000 increase for inflationary and other base adjustments; 

(2) $20,000,000 increase for Violent Crime Impact Teams (VCIT); 

(3) $966,000 reduction for savings in travel and training; (4) 

$6,000,000 increase for the Terrorist Explosive Device Analysis 

Center; (5) $1,500,000 increase for the National Arson Laboratory; 

(6) $300,000 increase for 2 intelligence analysts to be assigned to 

the National Gang Intelligence Center to coordinate ATF anti-gang 

activities with other law enforcement agencies; and (7) $5,000,000 

increase for the National Center for Explosives Training and Research. 

81 

The conference agreement does not adopt the Administration’s 

proposal to transfer $500,000 and 2 positions to the Department’s 

Office of Legislative Affairs. 

Terrorist Explosive Device Analysis Center (TEDAC).—The conference agreement provides an increase of $6,000,000 for ATF’s 

participation in the TEDAC. The conference agreement adopts, by 

reference, language included in the Senate report requiring the 

submission of a report to the Committees on Appropriations no 

later than 30 days after enactment of this Act, that identifies: (1) 

the number of IEDs recovered and submitted to the TEDAC; (2) 

the dates the devices were recovered and sent to the TEDAC; (3) 

the dates the devices were technically and forensically exploited; 

(4) the number of completed examinations; (5) the dates the results 

of examinations were disseminated to State and local first responders; and (6) a detailed summary of the information provided in 

those reports. In addition, this report shall provide a spending plan 

detailing how the $6,000,000 increase will be allocated. 

National Center for Explosives Training and Research.—The 

conference agreement provides an additional $5,000,000 for site selection, architectural design, site preparation and a total cost estimate for the construction of a permanent site for the National Center for Explosives Training and Research. In considering site selection, the ATF shall consider a site co-located with other law enforcement and Federal government entities that provides similar 

training and research. The dynamic of these collective resources 

will provide a unique opportunity to leverage assets, knowledge, 

and expertise in the field, providing Federal, State and local law 

enforcement explosives expertise at a single location. 

Violent Crime Impact Teams.—VCITs are ATF-led task forces 

that are established in locations with high or increasing rates of violence and include participants from State and local law enforcement and other Federal law enforcement entities such as U.S. Attorneys, the U.S. Marshals Service, and the Drug Enforcement Administration. The conference agreement includes a $20,000,000 increase for VCITs including funding for special agents, inspectors, 

technical support staff and operations. 

Proposed Fees to Fund Existing Law Enforcement Operations.—The conferees are disappointed by the Department’s legislative proposal of a $120,000,000 fee on the explosives industry and 

a permit fee on users to fund existing base operations and programs of the ATF. The conferees understand the legislative proposal for the fee has yet to be transmitted to Congress and that if 

this fee were enacted today, it would take two years to put the regulatory structure in place before any funds could be collected. The 

conferees find it irresponsible to budget for ongoing fiscal year 2006 

law enforcement operations with funds that do not exist. These 

types of creative financing schemes could ultimately lead to a disruption to the Department’s law enforcement programs. 

The conferees encourage ATF to continue to assess the utility 

of new ballistic imaging products to ensure that the National Integrated Ballistic Information Network program continues to meet 

the technological and programmatic needs of its State and local law 

enforcement partners. 

82 

Conversion of Records.—The conferees recognize the need for 

ATF to complete the conversion of tens of thousands of existing 

Federal firearms dealer out-of-business records from film to digital 

images at the ATF National Tracing Center. Once the out-of-business records are fully converted, search time for these records will 

be reduced significantly. The conference agreement includes 

$4,200,000 for the ATF to hire additional contract personnel to continue the conversion and integration of records. 

The conference agreement adopts, by reference, language included in the House report regarding multiple handgun sales reports and forfeiture actions. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The conference agreement provides $4,892,649,000 for the salaries and expenses of the Federal Prison System (FPS), instead of 

$4,895,649,000 as proposed by the House and $4,889,649,000 as 

proposed by the Senate. 

The conferees remain concerned about the annual budget requests for the FPS. The conferees are disturbed by the Administration’s fiscal year 2006 proposal to rescind prison construction funds 

at a time when the inmate population is expected to steadily increase and over-crowding is expected to remain a significant problem. The conferees encourage the Administration to more accurately report the needs of the FPS in future budget requests. 

The funds provided for the salaries and expenses of the FPS 

shall be distributed as shown below and any deviation from this 

distribution is subject to the reprogramming requirements of section 605 of this Act. 

SALARIES AND EXPENSES

[Dollars in thousands] 

Inmate Care and Programs .................................................................. $1,762,523 

Institution Security and Administration ............................................. 2,256,037 

Contract Confinement ........................................................................... 691,867 

Management and Administration ........................................................ 182,222 

Total ............................................................................................. 4,892,649 

Activations and Expansions of Prisons.—The conferees include 

an increase of $85,017,000 for the activation of three new facilities 

and the expansion of two existing facilities. In addition, the second 

year activation costs of the Coleman, FL, facility are included within the base funding provided. The conferees define ‘‘activation’’ as 

open and receiving prisoners. 

ACTIVATION OF NEW PRISON FACILITIES

[Dollars in thousands] 

Activation of New Prison Facilities: 

United States Penitentiary, Tucson, AZ ................................................. $37,647 

Federal Correctional Institution, Butner, NC ........................................ 29,190 

Hazelton, WV, Secure Women’s Facility ................................................ 10,297 

Activation of Expanded Prison Facilities: 

United States Penitentiary, Florence, CO, Special Housing Unit ........ 1,242 

Sandstone, MN, Housing Unit Expansion .............................................. 6,641 

Total ....................................................................................................... 85,017 

83 

Within the amounts provided, the conference agreement provides the full requested amount for Beckley Federal Correctional 

Institution, Gilmer Federal Correctional Institution, and United 

States Penitentiary in Hazelton. 

The conference agreement adopts, by reference, language included in the House report on the following: expanding intergovernmental agreements; continuing drug treatment programs; pursuing 

a reimbursable agreement; assigning an intelligence analyst; supporting cost saving initiatives with consideration for current employees; requiring a report on programs for mentally-ill offenders; 

and encouraging marksmanship training. The conference agreement adopts, by reference, language included in the House report 

on inmate correspondence and revises the report due date to February 1, 2006. The conference agreement adopts, by reference, language included in the House and Senate reports on sexual abuse. 

The conference agreement incorporates, by reference, language included in the Senate report concerning interaction with the National Center for Missing and Exploited Children. 

Contract Confinement.—In order to meet bedspace needs in a 

cost effective manner, the conferees adopt, by reference, language 

included in the House and Senate reports supporting contracting. 

Cost Comparison.—The conferees request that the Government 

Accountability Office conduct a review of low and minimum security facilities that compares the following: (1) the costs of housing 

inmates in Federally-owned prisons; (2) the costs of using State 

and local prisons and jails obtained through Intergovernmental 

Agreements; and (3) the costs of using privately-managed facilities. 

The report shall include all costs associated with operating these 

facilities. 

Residential Re-entry.—The conference agreement includes an increase of $3,000,000 to expand faith-based re-entry programs to 

at least three institutions. 

BUILDINGS AND FACILITIES

The conference agreement provides $90,112,000 for construction, modernization, maintenance, and repair of prison and detention facilities housing Federal prisoners, instead of $70,112,000 as 

proposed by the House and $222,112,000 as proposed by the Senate. The conferees understand that the Federal Prison System 

ended fiscal year 2005 with significant carryover balances for maintenance and repair projects; therefore, new funding has been reduced accordingly. 

The conference agreement adopts, by reference, language included in the House and Senate reports expressing concern over 

prison safety if construction funds are rescinded. The conferees reject the proposed rescission of $314,000,000 of construction balances. 

The conference agreement provides $3,000,000 for site planning and further development of a medium or high security facility 

or facilities at Yazoo City, MS, $15,000,000 for site planning and 

further development of another medium or high security facility or 

facilities in the Aliceville, AL, area, and an additional $5,000,000 

for site planning and development of a Federal Correctional Institution in Letcher County, KY. 

84 

The conference agreement adopts, by reference, language in 

the Senate report concerning projections of the Federal prison population, construction of additional facilities on the site of existing 

facilities, and housing of geriatric inmates. 

The conferees note that any reallocation of funds within this 

account, including carryover balances, is subject to section 605 of 

this Act. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

(LIMITATION ON ADMINISTRATIVE EXPENSES)

The conference agreement includes language regarding a limit on administrative expenses of $3,365,000 for Federal Prison Industries, Incorporated (FPI). 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The conference agreement provides $386,502,000 for violence 

against women prevention and prosecution programs, instead of 

$389,497,000 as proposed by the House and $371,997,000 as proposed by the Senate. The following table outlines the funding provided in the conference agreement. 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

(Dollars in thousands) 

Program Conference agreement 

STOP Grants .................................................................................................... $187,308 

(National Institute of Justice—R&D) ..................................................... (5,100) 

(Safe Start Program) ................................................................................ (10,000) 

(Transitional Housing Assistance) .......................................................... (15,000) 

Grants to Encourage Arrest Policies .............................................................. 63,075 

Rural Domestic Violence Assistance Grants ................................................. 39,166 

Violence on College Campuses ....................................................................... 9,054 

Civil Legal Assistance ..................................................................................... 39,220 

Elder Abuse Grant Program ........................................................................... 4,540 

Safe Haven Project .......................................................................................... 13,894 

Education & Training for Disabled Female Victims ..................................... 7,155 

CASA (Special Advocates) ............................................................................... 11,897 

Training for Judicial Personnel ...................................................................... 2,287 

Grants for Televised Testimony ..................................................................... 986 

Training Programs .......................................................................................... 4,958 

Stalking Database ........................................................................................... 2,962 

Total ....................................................................................................... 386,502 

Native American/Native Alaskan Liaison Office.—The conferees understand that Native American and Native Alaskan 

women experience a higher rate of violence compared to any other 

group in the United States. These individuals lack a comprehensive 

community response to address their needs in breaking the cycle 

of violence. Last year, a liaison office was created to address this 

concern. The conference agreement includes $6,700,000 for the Native American/Native Alaskan Liaison Office to continue their work 

in Alaska, of which $950,000 is for the rural domestic violence 

prosecution unit; $5,000,000 is for the State of Alaska Sexual Assault/Domestic Violence Program; and $750,000 is for the Victims 

for Justice in Alaska. 

85 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

The conference agreement provides $233,233,000 for Justice 

Assistance. The conferees do not adopt the Administration’s proposal to consolidate all Office of Justice Programs (OJP) activities 

under this heading. The following table outlines the funding provided in the conference agreement. 

JUSTICE ASSISTANCE

[Dollars in thousands] 

Program Conference agreement 

National Institute of Justice ........................................................................... $55,000 

Bureau of Justice Statistics ............................................................................ 35,000 

State Automated Victim Notification ............................................................. 9,000 

Justice for All ................................................................................................... 2,000 

National White Collar Crime .......................................................................... 9,000 

Regional Information Sharing System ........................................................... 40,233 

Management and Administration .................................................................. 35,000 

Missing Children Programs ............................................................................ 48,000 

Total ....................................................................................................... 233,233 

National Institute of Justice.—The conference agreement pro- vides $55,000,000 for the National Institute of Justice. This funding supports counterterrorism research and development, the Office 

of Science and Technology, social science research and evaluation, 

and the National Law Enforcement and Corrections Technology 

Centers. 

The conference agreement includes $21,000,000 for the National Law Enforcement and Corrections Technology Centers, 

which shall be distributed equally among the Centers. Within the 

amounts provided for the National Institute of Justice (NIJ), 

$3,000,000 is for the Center for Rural Law Enforcement Technology 

and Training and $2,800,000 is for the Office of Law Enforcement 

Technology Commercialization, Inc. The conferees support the Border Research and Technology Center and recognize the important 

technology assistance and technical information it has provided to 

Federal, State, and local law enforcement operations in the border 

region. 

The conference agreement adopts, by reference, language included in the House report requiring a report on the various forensic centers that have received previous grant funding. The due date 

for the report is modified to January 15, 2006. 

The conference agreement adopts, by reference, language included in the Senate report concerning a comprehensive comparison of privately-operated prisons and Federal institutions. The conferees understand that this report is in its final stages and should 

be delivered within 90 days of enactment of this Act and shall meet 

the requirement in the Senate report language. 

The conferees are aware of NIJ’s efforts to assist local units of 

government to identify, select, develop, modernize and purchase 

new technologies, and support NIJ’s work to develop less-lethal 

portable systems for evaluation by local law enforcement and corrections agencies. 

Victim Notification.—The conference agreement includes 

$9,000,000 for the Bureau of Justice Assistance to continue the 

86 

State Automated Victim Notification grant program to allow States 

to join the National Victim Notification Network. No funding may 

be utilized from within the Victims Assistance Program for this initiative and funds provided under this heading shall require a 50 

percent match from State, local, and private sources. 

Justice for All.—The conference agreement includes $2,000,000 

for the activities authorized by section 103(b)(4) of the Justice for 

All Act, Public Law 108–405, for the support of the National Crime 

Victim Law Institute and its clinic organizations that provide legal 

counsel and support services for victims in criminal cases for the 

enforcement of crime victims’ rights in Federal jurisdictions. 

Missing Children Programs.—The conference agreement includes $48,000,000 for Missing Children Programs, as follows: 

MISSING CHILDREN PROGRAMS

[Dollars in thousands] 

Program Conference agreement 

National Center for Missing and Exploited Children ................................... $24,000 

Jimmy Ryce Law Enforcement Training Center ........................................... 3,000 

Internet Crimes Against Children Task Force .............................................. 14,500 

Missing and Exploited Children Office .......................................................... 1,500 

AMBER Alert Program ................................................................................... 5,000 

Total .......................................................................................................... 48,000 

Coordination with U.S. Attorneys.—To ensure a viable partnership between Federal, State, and local law enforcement agencies 

and prosecutors, recipients of Internet Crimes Against Children 

(ICAC) grants are encouraged to coordinate their investigations 

and initiatives with the U.S. Attorneys in their communities. 

National Center for Missing and Exploited Children 

(NCMEC).—The conferees strongly support the NCMEC’s nationwide services for the prevention of abduction, endangerment, and 

sexual exploitation of children. The conferees commend the leadership of NCMEC for their dedication to these issues. The conference 

agreement adopts, by reference, language included in the House report regarding Internet service providers. 

Management and Administration.—The conference agreement 

include $35,000,000 for the management and administration of 

OJP. In addition, consistent with prior practice, reimbursable funding for management and administration costs will be made available from programs administered by OJP from the ‘‘Community 

Oriented Policing Services’’ account. Further, the conferees note 

that remaining management and administration funding will be 

made available from the ‘‘Juvenile Justice Programs’’ and the 

‘‘State and Local Law Enforcement Assistance’’ accounts, and that 

these funds will be transferred to and merged with the ‘‘Justice Assistance’’ account. 

The conferees direct that any action taken by OJP relating to 

the Office of Management and Budget’s Circular A–76 shall be subject to the requirements of section 605 of this Act. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement provides $1,142,707,000 for this ac- count, instead of $1,069,244,000 as proposed by the House and 

87 

$1,353,350,000 as proposed by the Senate. The following table outlines the funding provided in the conference agreement. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

[Dollars in thousands] 

Program Conference agreement 

Byrne Memorial Justice Assistance Grants .................................................. $416,478 

(Boys and Girls Clubs) ............................................................................. (85,000) 

(National Institute of Justice) ................................................................. (10,000) 

State Criminal Alien Assistance .................................................................... 405,000 

Southwest Border Prosecutor Program ......................................................... 30,000 

Indian Assistance ............................................................................................ 22,000 

(Tribal Prison Construction Program) .................................................... (9,000) 

(Indian Tribal Courts Program) .............................................................. (8,000) 

(Alcohol and Substance Abuse) ............................................................... (5,000) 

Byrne Discretionary Grants ............................................................................ 191,704 

Victims of Trafficking Grants ......................................................................... 10,000 

State Prison Drug Treatment ......................................................................... 10,000 

Drug Courts ..................................................................................................... 10,000 

Prescription Drug Monitoring ......................................................................... 7,500 

Prison Rape Prevention and Prosecution ...................................................... 18,175 

Intelligence State and Local Training ........................................................... 10,000 

Missing Alzheimer’s Patients ......................................................................... 850 

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

Cannabis Eradication ...................................................................................... 5,000 

Mentally-Ill Offender Act Programs .............................................................. 5,000 

Total ....................................................................................................... 1,142,707 

Edward Byrne Memorial Justice Assistance Grants program.—

The conference agreement includes $416,478,000. The conference 

agreement is $416,478,000 above the budget request. 

As in fiscal year 2005, this program consolidates the Local Law 

Enforcement Block Grant program and the Byrne Formula program. Funding under this program is authorized for: (a) law enforcement programs; (b) prosecution and court programs; (c) prevention and education programs; (d) corrections and community 

corrections programs; (e) drug treatment programs; and (f) planning, evaluation, and technology improvement programs. Funding 

under this program is not available for: (a) vehicles, vessels, or aircraft; (b) luxury items; (c) real estate; or (d) construction projects. 

The formula used for distributing funds under this program allocates 50 percent of funding based on population, and 50 percent 

based on violent crime rates. The formula allocates 60 percent of 

funding to States and 40 percent to units of local government. Of 

the amount provided, $85,000,000 is for Boys and Girls Clubs and 

$10,000,000 is for NIJ to assist local units of government to identify, select, develop, modernize, and purchase new technologies for 

use by law enforcement. 

Indian Country Grants.—The conference agreement includes 

$22,000,000 for Indian Country grants. The conferees acknowledge 

the success that the Comprehensive Indian Resources for Community Law Enforcement (CIRCLE) initiative is having and urges the 

Department to continue to work on ways to expand CIRCLE. The 

conference agreement includes $7,000,000 for construction of the 

Choctaw Justice Center in Mississippi. 

Edward Byrne Discretionary Grants.—The conference agreement includes $191,704,000 for discretionary grants under this account. 

88 

Within the amounts provided, OJP is expected to review the 

following proposals, provide grants if warranted, and report to the 

Committees on Appropriations regarding its intentions: 

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Harold Rogers Prescription Drug Monitoring Program.—The 

conference agreement includes $7,500,000 to assist States in building or enhancing prescription drug monitoring systems, facilitating 

the exchange of information between States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs. 

Prison Rape Prevention and Prosecution.—The conference 

agreement provides $18,175,000 for implementation of the Prison 

Rape Elimination Act of 2003 (Public Law 108–79). The conference 

agreement includes the following: $15,000,000 for the collection of 

statistics, data and research as authorized by section 4 of the Act; 

$1,000,000 for the National Institute of Corrections for a national 

clearinghouse, training and education as authorized by section 5 of 

the Act; and $2,175,000 to be transferred to the National Prison 

Rape Elimination Commission. Because of the delay in awarding 

previous years’ funding, no new funds are provided for the grant 

program authorized by section 6 of the Act. The conferees expect 

DOJ to award the existing funds as soon as possible. 

Improving State and Local Law Enforcement Intelligence Capabilities.—The conference agreement includes $10,000,000 for the 

implementation of the National Criminal Intelligence Sharing Plan 

and the efforts of the Global Justice Information Sharing Initiative. 

The conferees direct this funding to be used to support training for 

State and local law enforcement on the intelligence process including planning, collection, analysis, dissemination and reevaluation. 

This program should continue to provide support for training in the 

use of intelligence as a tool in identifying pre-incident indicators. 

This training should ensure that law enforcement officials are protecting individuals’ privacy, civil rights, civil liberties, and constitutional rights within the intelligence process. The conferees also expect some funding to be available to promote the use of information 

technology standards among law enforcement to ensure that the 

data can be exchanged across disparate information systems. 

Mentally-Ill Offenders.—The conferees are concerned about the 

effects of the criminal justice system on the mentally-ill. The conference agreement includes $5,000,000 for programs authorized by 

the Mentally Ill Offender Act of 2004. 

WEED AND SEED PROGRAM FUND

The conference agreement provides $50,000,000 for the Weed 

and Seed program as proposed by the House, instead of 

$50,280,000 as proposed by the Senate. 

COMMUNITY ORIENTED POLICING SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $478,300,000 for Community Oriented Policing Services (COPS) programs, instead of 

$566,557,000 as proposed by the House and $534,987,000 as proposed by the Senate. The following table outlines the funding provided in the conference agreement. 

101 

COMMUNITY ORIENTED POLICING SERVICES

[Dollars in thousands] 

Program Conference agreement 

Training and Technical Assistance ................................................................ $4,000 

Tribal Law Enforcement ................................................................................. 15,000 

Meth Hot Spots ................................................................................................ 63,590 

Law Enforcement Technologies and Interoperable Communications Program .............................................................................................................. 139,904 

Bullet-Proof Vests ............................................................................................ 30,000 

Criminal Records Upgrade .............................................................................. 10,000 

DNA Initiative ................................................................................................. 108,531 

Paul Coverdell Forensic Science ..................................................................... 18,500 

Crime Identification Technology Act .............................................................. 28,775 

Gang Violence Program ................................................................................... 40,000 

Project Safe Neighborhoods ............................................................................ 15,000 

Offender Re-Entry ........................................................................................... 5,000 

Total ....................................................................................................... 478,300 

Methamphetamine Enforcement and Clean-Up.—The conference agreement includes $63,580,000 for State and local law enforcement programs to combat methamphetamine (meth) production and distribution, to target drug ‘‘hot spots’’ and to remove and 

dispose of hazardous materials at clandestine methamphetamine 

labs. 

Within the amount provided, the conference agreement includes $20,000,000 to reimburse the Drug Enforcement Administration (DEA) for assistance to State and local law enforcement for 

proper removal and disposal of hazardous materials at clandestine 

methamphetamine labs and to initiate container programs, including funds for training, technical assistance, and purchase of equipment to adequately remove and store hazardous waste. 

In addition, within the amount provided, the conferees expect 

the COPS Program Office, in consultation with DEA, to examine 

each of the following proposals, to provide grants if warranted, and 

to submit a report to the Committees on Appropriations on its intentions for each proposal: 

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The conferees direct the Partnership for a Drug Free America 

to focus the efforts of its Methamphetamine Demand Reduction 

Program on regions adversely impacted by the abuse, production 

and trafficking of meth, as well as regions likely to experience 

meth-related problems. When identifying regions to deploy this program, program coordinators shall consider national tracking data 

systems that monitor the abuse of methamphetamine, such as the 

Monitoring the Future study; drug-related emergency room admission data; meth lab seizure data; and other national, State and 

local data sources. The conferees expect the Partnership to work to 

incorporate the State of Indiana into this program. 

Law Enforcement Technologies and Interoperable Communications Program.—The conference agreement includes $139,904,000 

for the COPS Law Enforcement Technologies and Interoperable 

Communications Programs. Within the funds provided, $10,000,000 

is for the COPS program to continue its competitive interoperable 

communications grant program. The conferees understand the critical need for minimum standards for law enforcement communications equipment and strongly support the standards being designed 

and implemented by the COPS office, in consultation with the National Institute of Justice’s Office of Science and Technology 

(OS&T), as well as the Bureau of Justice Assistance. Coordination 

of Federal efforts is critical. Therefore, OS&T should continue to 

assist COPS in incorporating existing minimum standards into the 

formulation of this grant program. The conferees have allowed 

$5,000,000 from prior year deobligated balances to be transferred 

to NIST to continue the efforts of the Office of Law Enforcement 

Standards (OLES) towards developing a comprehensive suite of 

minimum standards for law enforcement communications. 

The inability to apply open standards to communications 

equipment purchased under the COPS Interoperable Communications Grant Program, as well as other Federal grant programs continues to be of great concern to the conferees. In fiscal year 2005, 

the conferees directed OLES, working with the National Institute 

of Justice’s CommTech Program and SAFECOM within the Department of Homeland Security (DHS), to consider, in the absence of 

published Project 25 standards, the issuance of interim standards 

that could be used to specify the required functionality and testing 

validation for an Inter-RF-Subsystem Interface (ISSI), Console 

Interface, and Fixed Station Interface for land mobile radio systems. The conferees direct that within 30 days of the enactment of 

this Act, OLES shall submit a report to the Committees on Appropriations detailing the process by which interim standards will be 

identified, as well as a timeline for issuance this fiscal year. The 

conferees also direct that, within this report, OLES identify a process to ensure that equipment procured using Federal grant dollars 

complies with the requirements of the identified standard(s). At a 

minimum, the Office of Interoperability and Compatibility (OIC) 

within DHS should consider working with NIST and DOJ to require that all grant dollars for interoperable communication be 

used for Project 25 compliant equipment that meets the requirements of a conformity assessment program. 

Within the amounts provided, the conferees expect the COPS 

office to examine each of the following proposals, to provide grants 

106 

if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal: 

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Crime Identification Technology Act.—The conference agree- ment includes $28,775,000 for the Crime Identification Technology 

Act program. Within the amounts provided, the conferees expect 

OJP to examine each of the following proposals, to provide grants 

if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal: 

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121 

Bulletproof Vest Program.—Within the $30,000,000 provided, 

the conferees expect that funds will be dedicated to OLES at NIST 

to continue support for the ballistic resistant and stab resistant 

material compliance testing programs, as well as for other technical support related to public safety weapons and protective systems. 

DNA and Forensics.—The conference agreement includes $108,531,000 for a DNA analysis and capacity enhancement program including eliminating casework backlogs, eliminating offender 

backlogs, strengthening crime lab capacity, training of the criminal 

justice community and identifying missing persons. Within the 

amounts provided, $5,000,000 shall be for OLES to continue working with the COPS office to develop minimum standards for equipment and testing for forensic science labs. In addition, the conference agreement provides $18,500,000 for 

Paul Coverdell Forensic Sciences Improvement Grants. Within the 

amounts provided for Paul Coverdell Forensic Sciences Improvement Grants, $1,500,000 is for the National Academy of Sciences 

to conduct a study on forensic science, as described in the Senate 

report. 

Anti-Gang Program.—The conference agreement provides $40,000,000 for a new anti-gang initiative modeled on the Project 

Safe Neighborhoods program. The conferees appreciate and support 

the Attorney General’s efforts to strengthen Department-wide efforts to combat gang violence and the appointment of an Assistant 

U.S. Attorney in each judicial district as an anti-gang coordinator 

to prepare a comprehensive, district-wide strategy (in consultation 

with partners from Federal and local law enforcement, social services providers, and community and faith-based groups) to coordinate anti-gang activity. The conference agreement includes 

$40,000,000 for grants to implement these strategies. The funding 

is intended to support additional enforcement and prevention activities. 

Project Safe Neighborhoods.—The conference agreement provides $15,000,000 for a national program to reduce gun violence. Of 

the amounts provided, $4,500,000 is for State and local prosecutor 

training. 

JUVENILE JUSTICE PROGRAMS

The conference agreement includes $342,739,000 for Juvenile 

Justice Programs, instead of $333,712,000 as proposed by the 

House and $352,000,000 as proposed by the Senate. The following 

table outlines the funding provided in the conference agreement: 

JUVENILE JUSTICE PROGRAMS

[Dollars in thousands] 

Program Conference agreement 

Part A—Coordination of Federal Efforts ....................................................... $ 712 

Part B—State Formula ................................................................................... 80,000 

Part E—Demonstration Projects .................................................................... 106,027 

Juvenile Mentoring Program .......................................................................... 10,000 

Big Brothers/Big Sisters .......................................................................... (7,000) 

Title V—Incentive Grants ............................................................................... 65,000 

Tribal Youth .............................................................................................. (10,000) 

Gang Prevention ....................................................................................... (25,000) 

Enforcing Underage Drinking Laws Program ....................................... (25,000) 

122 

Program Conference agreement 

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

Victims of Child Abuse Programs .................................................................. 15,000 

Juvenile Accountability Block Grant ............................................................. 50,000 

Project Childsafe .............................................................................................. 1,000 

Total ....................................................................................................... 342,739 

Discretionary Grants.—The conference agreement includes 

$106,027,000 for part E programs. Within the amounts provided, 

OJP is expected to review the following proposals, provide grants 

if warranted, and report to the Committees on Appropriations on 

its intentions: 

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Gang Prevention.—The conference agreement provides $25,000,000, within Title V grants, for OJP to administer a gang 

resistance and education program, known as GREAT. The GREAT 

program is a school-based, law enforcement officer-instructed classroom curriculum. The program’s primary objective is prevention 

and is intended as an immunization against delinquency, youth violence, and gang membership. The conferees support the work of 

this program as part of an integrated anti-gang strategy of prevention, enforcement, and interdiction. These funds shall be available 

to develop comprehensive community strategies to address gangs, 

including anti-gang education programs and coordination with Federal, State and local law enforcement. 

Victims of Child Abuse Act.—The conference agreement in- cludes $15,000,000 for the various programs authorized under the 

Victims of Child Abuse Act (VOCA). The conference agreement provides the following: $3,000,000 for Regional Children’s Advocacy Centers, as authorized by section 213 of VOCA; $9,500,000 for local Children’s Advocacy Centers, as authorized 

by section 214 of VOCA; $250,000 for the National Children’s Advocacy Center in 

Huntsville, AL, to implement a training program; $850,000 for the National Children’s Alliance for technical assistance and training, as authorized by section 214a of VOCA; and $1,400,000 for the National Center for Prosecution of Child 

Abuse for specialized technical assistance and training programs to 

improve the prosecution of child abuse cases, as authorized by section 214a of VOCA. 

PUBLIC SAFETY OFFICERS BENEFITS

The conference agreement includes $72,948,000 for this ac- count, including $64,000,000 for death benefits, $4,884,000 for disability benefits, and $4,064,000 for education benefits. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The conference agreement includes the following general provisions for the Department of Justice: Section 101 provides language making up to $60,000 of the 

funds appropriated to the Department of Justice available to the 

Attorney General for reception and representation expenses. 

Section 102 provides language, included in prior Appropriations Acts, which prohibits the use of funds to perform abortions 

in the Federal Prison System. 

Section 103 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to require 

any person to perform, or facilitate the performance of, an abortion. 

Section 104 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to 

provide escort services to female inmates who seek to obtain abortions outside a Federal facility. 

Section 105 provides language allowing the Department of Justice, subject to the Committees’ reprogramming procedures, to 

transfer up to 5 percent between any appropriation, but limits to 

134 

10 percent the amount that can be transferred into any one appropriation. The provision also prohibits transfers of funds from the 

Federal Prison Systems, Buildings and Facilities account unless 

the President certifies that such a transfer is necessary to the national security interests of the United States, and such authority 

shall not be delegated, and shall be subject to section 605 of this 

Act. 

Section 106 provides for the extension of the Personnel Management Demonstration Project for the Bureau of Alcohol, Tobacco, 

Firearms and Explosives. 

Section 107 provides authority for the Bureau of Alcohol, Tobacco, Firearms and Explosives to use confiscated funds during undercover operations. 

Section 108 limits the placement of maximum or high security 

prisoners to appropriately secure facilities. 

Section 109 restricts Federal prisoner access to certain amenities. 

Section 110 provides for the establishment of an investment review board led by the Deputy Attorney General. 

Section 111 enhances the ability of the Federal Bureau of Investigation and the Drug Enforcement Administration to recruit 

qualified candidates for critical positions, as proposed by the Senate. 

Section 112 provides for the establishment of a methamphetamine task force. 

Section 113 contains changes regarding the Prison Rape Elimination Act of 2003. 

Section 114 directs the Attorney General to waive the matching requirements for the purchase of bulletproof vests. The conferees intend for law enforcement agencies to replace Zylon-based 

bulletproof vests with vests of comparable value. 

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT 

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The conference agreement includes $44,779,000 for the Office 

of the United States Trade Representative (USTR) as proposed by 

the House, instead of $40,997,000 as proposed by the Senate. 

The conference agreement includes, by reference, language in 

the House report regarding China and World Trade Organization 

(WTO) compliance, Chinese intellectual property violations, the 

submission of a spending plan and obligation reports, a report on 

using outside counsel, and international standards. 

The conferees note that the fiscal year 2005 Act included direction to create the position of Chief Negotiator for Intellectual Property Enforcement. The conferees direct the USTR to report on the 

impact of this position no later than February 3, 2006. 

135 

The conference agreement includes bill language, and adopts 

by reference report language, as proposed by the Senate, regarding 

negotiations within the WTO. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $62,752,000 as proposed by 

the House and Senate for the International Trade Commission 

(ITC). The conferees note that the ITC submitted a revised budget 

estimate subsequent to the President’s budget request, which included a reduced requirement for fiscal year 2006. The conference 

agreement fully funds this revised budget estimate. The conference 

agreement includes, by reference, language in the House report regarding the submission of a spending plan and obligation reports. 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $406,925,000 in total resources for the programs of the International Trade Administration 

(ITA) as proposed by the House, instead of $404,625,000 as proposed by the Senate. Of this total, $8,000,000 is to be derived from 

fee collections as proposed by the Senate, instead of $13,000,000 as 

proposed by the House. The conference agreement makes funding 

available for two fiscal years. 

The conference agreement includes bill language designating 

the amounts available for each unit within ITA. The conferees remind ITA that any deviation from the funding distribution provided in the bill and report, including carryover balances, is subject 

to reprogramming procedures set forth in section 605 of this Act. 

In addition, ITA is directed to submit to the Committees on Appropriations, not later than 60 days after the enactment of this Act, 

a spending plan for all ITA units that incorporates any carryover 

balances from prior fiscal years. 

The conference agreement includes bill language, and adopts 

by reference report language, as proposed by the Senate, regarding 

negotiations within the World Trade Organization. 

Within the funding provided, the conference agreement includes $13,000,000 for the National Textile Centers, $3,500,000 for 

Textile/Clothing Technology Corporation, $500,000 for the continuation of the international competitiveness program, $500,000 for 

the Textile Marking System, and $1,500,000 for Auburn University 

for advanced research and development of novel polymetrics. The 

conference agreement also includes $1,000,000 for the Rural Export 

Initiative. 

The conference agreement includes language designating 

$3,000,000 for the Office of China Compliance, as proposed in the 

House bill, and includes, by reference, language in the House report on this office. The conferees direct ITA to submit a report to 

the Committees no later than January 1, 2006, describing the reVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00135 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
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sources, accomplishments, and fiscal year 2006 workplan for the office. 

The conference agreement adopts, by reference, language in 

the House report regarding Capital Security Cost Sharing, USIPO 

offices in Beijing and Moscow, China and Middle East Business 

Centers, establishing programs on intellectual property, and documenting cases of intellectual property infringement. The conference 

agreement adopts, by reference, language in the Senate report regarding the Appalachian-Turkish Trade Project and BISNIS. 

The conferees wish to reaffirm that drawback adjustments in 

antidumping cases are to be granted by the Department of Commerce only to the extent necessary to offset import duties that are 

paid on inputs used in the production of merchandise sold in the 

home market. The conferees understand that the Department is 

currently reviewing the existing policy and has published a request 

for comments in the Federal Register. The conferees expect the Department to ensure that current rules are adhered to until a new 

policy is established. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The conference agreement provides a total operating level of $76,000,000 for the Bureau of Industry and Security instead of 

$77,000,000 as proposed by the House and Senate. 

The conference agreement adopts, by reference, House report 

language containing program guidance. The conferees have provided $14,767,000 for inspection and other activities related to national security as proposed by the House instead of $7,200,000 as 

proposed by the Senate. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The conference agreement provides $253,985,000 for Economic 

Development Assistance Programs instead of $200,985,000 as proposed by the House and $483,985,000 as proposed by the Senate. 

The distribution of these funds is as follows: $160,381,000 for Public Works Grants, $27,000,000 for Planning Assistance, $13,000,000 

for Trade Adjustment Assistance, $44,794,000 for Economic Adjustment Grants, $8,322,000 for Technical Assistance, and $488,000 for 

Research. The conference agreement does not include $200,000,000 

as an emergency requirement as proposed by the Senate. 

The conference agreement adopts, by reference, House report 

language concerning coal industry downturns, assistance to applicants for planning, and targeting the most severely distressed communities. The conference agreement adopts, by reference, Senate 

report language concerning rightsizing, and assisting communities 

impacted by economic dislocations. 

The conference agreement does not adopt Senate language prohibiting the implementation of EDA’s interim rule published in the 

Federal Register on August 11, 2005. The conferees understand 

that based on extensive public comment between EDA and its 

stakeholders a compromise has been reached on the implementaVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00136 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
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tion of these regulations. Based on this compromise, the conferees 

direct EDA to make the following revisions to its Interim Final 

Rule (‘‘IFR’’) published on August 11, 2005 (70 FR 47002) in publishing a Final Rule. All section references below refer to the IFR. 

All capitalized terms have the meanings ascribed to them in the 

IFR. 

District Organizations: Operations.—The conferees direct EDA 

to redraft Section 304.2(d) to clarify that the District Organization: 

(a) shall engage in the full range of economic development activities (e.g., coordination, implementation, research, advisory functions) necessary to develop, maintain, revise and implement its 

EDA-approved CEDS; and (b) may, in its discretion (i.e., shall not 

be obligated to), outsource these activities via a contract for services. 

District Organizations: Formational Requirements.—

The conferees direct EDA to: 

(a) Redraft Section 304.2(c)(2) to clarify that a District Organization’s governing body must include at least one (1) Private Sector 

Representative, together with one (1) or more representatives of institutions of post-secondary education, workforce development 

groups, labor groups and Executive Directors of Chambers of Commerce, all of which must comprise in the aggregate a minimum of 

35% of the District Organization’s governing body; 

(b) Redraft Section 304.2(c)(2) to clarify that the District Organization’s governing body shall also have at least a simple majority 

of its membership who are elected officials and/or employees of a 

general purpose unit of local government who have been appointed 

to represent the government; 

(c) Provide for a non-delegable waiver by the Assistant Secretary of the Private Sector Representative requirement upon a 

District Organization’s showing of its inability to locate a Private 

Sector Representative to serve on its governing body following extensive due diligence; and 

(d) Expand the definition of ‘‘Private Sector Representative’’ in 

Section 300.3 to include a designee of any senior management official or executive holding a key decision-making position in any forprofit enterprise. 

District Termination.—The conferees direct EDA to add a provision to Section 304.3 to clarify that prior to terminating a District’s designation (as an Economic Development District) based 

upon failure to execute its CEDS, EDA will: (a) consult with the 

District Organization; and (b) consider all facts and circumstances 

surrounding the District Organization’s operations. EDA will clarify that it will not terminate a District’s designation owing to circumstances beyond the control of the District Organization (e.g., 

natural disasters, plant closures, overall economic downturn, other 

sudden and severe economic dislocations, or other circumstances). 

Performance Awards.—The conferees direct EDA to redraft 

Section 308.2 to better track Section 215 of PWEDA. Specifically, 

the provision will (a) eliminate the requirement that project performance be ‘‘exceptional’’ and (b) consistent with Section 215 of 

PWEDA, require that Project performance ‘‘meets or exceeds’’ performance goals. EDA will set forth in an annual Federal Funding 

138 

Opportunity the requirements, qualifications, guidelines and procedures for performance awards, subject to the availability of funds. 

Investment Rates for Planning Investments.—The conferees direct EDA to add a new subsection to Section 301.4 containing the 

following provisions: 

(e) All Planning Investments will receive a minimum Investment Rate of 50%; 

(f) Except as otherwise provided in Section 204(c) of PWEDA, 

the maximum allowable Investment Rate for Planning Investments 

shall be the maximum allowable Investment Rate set forth in 

Table 1 of Section 301.4 for the most economically distressed county or other equivalent political unit (e.g., parish) within the Region; 

(g) The maximum allowable Investment Rate will not exceed 

eighty (80) percent; and 

(h) In compelling circumstances, the Assistant Secretary may 

waive the requirement in paragraph (b) above. The Assistant Secretary shall not delegate the authority to grant this waiver. 

Maximum Allowable Investment Rates Table 1.—EDA will revise Table 1 in Section 301.4 to show that projects located in Regions demonstrating a 24-month unemployment rate at least one 

percent (1%) greater than the national average or per capita income not more than 80% of the national average shall be eligible 

to receive a maximum allowable Investment Rate of 50%. 

The conferees are aware of several proposals for economic development and urge EDA to consider the proposals as follows: 

The Gateway Economic Development District’s business creation and expansion program for Broadwater, Lewis and Clark, 

and Meagher Counties, MT; the Mississippi Blues Delta Quarter; 

the Development Projects, Inc. in Dayton, OH, Tech Town; the expansion of Penn Eagle Industrial Park, PA; the Ogontz Avenue Revitalization Corporation for a neighborhood redevelopment project 

in Philadelphia, PA; Rural Enterprises of Oklahoma to expand the 

International Trade Assistance Center; Oklahoma State University 

Rural Product Manufacturers for the New Product Development 

and Commercialization Center; the Phase III implementation of the 

Manufacturing Training and Technology Center clean room at the 

University of New Mexico; the Mescalero Apache Tribe fish hatchery rehabilitation project in New Mexico; Jackson State University 

for the Lynch Street Corridor Redevelopment; Prentiss County, 

MS, for the Wheeler Water and Sewer Project; the Lauderdale 

County, MS, Economic Development District; and the Mid-Delta 

Empowerment Zone ‘‘Supersite’’ Industrial Park; the Rutgers Camden Business Incubator in Camden, New Jersey; the Hawaii Capital Cultural District on the Island of Oahu; the Brooklyn Goes 

Global program in New York; National Association of Latino Arts 

and Culture in San Antonio, Texas; and the Garde Arts Center in 

New London, Connecticut. 

SALARIES AND EXPENSES

The conference agreement provides $30,075,000 for Salaries 

and Expenses instead of $26,584,000 as proposed by the House and 

$40,939,000 as proposed by the Senate. The conference agreement 

does not include $10,000,000 as an emergency requirement as proposed by the Senate. 

139 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The conference agreement provides $30,024,000 for the Minority Business Development Agency (MBDA) as proposed by the 

House instead of $30,727,000 as proposed by the Senate. Should 

additional funds become available, the conferees urge the MBDA to 

provide funds for the expansion of the Asian American and Pacific 

Island Commission. 

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The conference agreement provides $80,304,000 for this account, as proposed by the House, instead of $81,283,000 as proposed by the Senate. 

BUREAU OF THE CENSUS

The conference agreement includes a total operating level of 

$812,237,000 for the Bureau of the Census, as proposed by the 

House, instead of $727,385,000 as proposed by the Senate. The conferees direct the Bureau to submit a financial operating plan within 60 days of enactment of this Act outlining the allocation of funding provided by this Act. The operating plan shall address the Bureau’s highest priority needs such as Re-engineered Design Process 

for the Short-Form Only Census, the American Community Survey 

(ACS), the Master Address File/Topologically Integrated Geographic Encoding and Referencing (MAF/TIGER) system, and necessary furniture and relocation costs associated with the Bureau’s 

new facility. 

SALARIES AND EXPENSES

The conference agreement provides $198,029,000 for this account, as proposed by the House, instead of $183,029,000 as proposed by the Senate. 

The conferees direct the Bureau to continue to streamline and 

prioritize programs to ensure the highest priority core activities are 

supported. The conferees expect the Bureau to be fully reimbursed 

for any non-core survey conducted for any other Federal agency or 

private organization. 

The conferees expect that key reports on manufacturing, general economic and foreign trade statistics will be maintained and 

issued on a timely basis. 

The Bureau is directed to include socks in its quarterly Current Industrial Reports on Apparel, and to produce a one-time annual report for 2005 domestic sock production. The conference 

agreement includes sufficient funding for the Manufacturing and 

Construction Statistics Division for this purpose. 

The conference agreement adopts, by reference, the House report language regarding the production of monthly Export-Import 

and Trade Balance statistics on a North American Industry ClassiVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00139 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
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fication System basis, and the Advanced Technology Trade Imports, Exports, and Net Balance by Country. In addition, the conference agreement adopts, by reference, the House report language 

regarding the presentation of the U.S. Trade in Advanced Technology Products. 

The conferees direct the Bureau to undertake a study on using 

prisoners’ permanent homes of record, as opposed to their incarceration sites, when determining their residences. The Bureau should 

report back to the Committees on Appropriations on its findings 

within 90 days of enactment of this Act. 

PERIODIC CENSUSES AND PROGRAMS

The conference agreement provides $614,208,000 for this ac- count, as proposed by the House, instead of $544,356,000 as proposed by the Senate. The conference agreement includes 

$453,596,000 for expenses related to the 2010 decennial census and 

$160,612,000 for expenses to collect and publish statistics for other 

periodic censuses and programs. 

Within the level of funds provided, the Bureau shall fully fund 

the budget request for ACS and MAF/TIGER in the submission of 

its financial operating plan. 

The conferees encourage the Bureau to continue its efforts to 

minimize the number of personal visits for non-response follow-up 

for Census programs. This activity is very costly and if response 

rates through other means can be increased, it will provide substantial cost savings in both the ongoing ACS and the 2010 Census. 

The conferees expect the ACS methods panel to ensure a more 

comprehensive and streamlined approach to multiple data collection techniques and to ensure that any change in the language of 

survey questions will maximize clarity in order to elicit correct responses. 

The conferees direct the Bureau to continue to submit quarterly reports, in cooperation with the General Services Administration (GSA), regarding the expenditure of funds and the project 

planning, design and cost decisions for the Suitland Federal Center. 

No funds appropriated to the Bureau shall be available for construction and build-out costs that are the responsibility of the GSA. 

MAF/TIGER.—The conferees direct the Secretary of Commerce to take all available measures to reduce the requirement of 

payment for information currently available from certain State and 

local governments. Further, the conferees direct the Secretary of 

Commerce to work with other Departments to gain access to currently available aerial photography. Further, the Secretary is directed to utilize global positioning system technology and aerial 

photography to update existing information only if these measures 

are shown to be a more cost effective alternative. 

Subgroup Enumeration.—The conferees commend the efforts of 

the Bureau to work with interested parties to ensure that necessary measures will be taken to ensure accuracy in enumerating 

Hispanic subgroups. 

The conferees appreciate the efforts of the Bureau to consider 

new options for reporting data reflecting all citizens of the United 

States, including Puerto Rico. 

141 

Bill language is continued, as proposed by the House, regarding changes to the race category for collection and dissemination 

purposes. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The conference agreement includes a total of $40,068,000 for 

the National Telecommunications and Information Administration 

(NTIA), instead of $19,716,000 as proposed by the House and 

$62,255,000 as proposed by the Senate. 

SALARIES AND EXPENSES

The conference agreement includes $18,068,000 for the Salaries and Expenses appropriation of the NTIA, instead of 

$17,716,000 as proposed by the House, and $20,255,000 as proposed by the Senate. 

As in previous years, the conference agreement includes language allowing the Secretary of Commerce to collect reimbursements from other Federal agencies to offset a portion of the cost 

of coordination of spectrum management, analysis, and operations. 

The conferees expect the NTIA to aggressively pursue all opportunities for reimbursement, deobligations, and use of non-appropriated resources, to maximize the operating level for NTIA’s mission purposes. The conferees support the requested increases for 

NTIA and will consider a reprogramming of resources should additional funding become available, subject to section 605 of this Act. 

PUBLIC TELECOMMUNICATIONS FACILITIES, 

PLANNING AND CONSTRUCTION

The conference agreement includes $22,000,000, as proposed by the Senate, instead of $2,000,000 as proposed by the House. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The conference agreement includes $1,683,086,000 for the 

United States Patent and Trademark Office (USPTO) for fiscal 

year 2006. This amount is $20,214,000 below the amounts proposed 

by both the Senate and the House due to a notification from the 

USPTO of a revised fee collection estimate. 

In an October 18, 2005 letter to the Committees on Appropriations, the USPTO provided re-estimates of fee collections and staffing levels for fiscal year 2006. The conferees have taken this information into account and have provided appropriations commensurate with the USPTO’s projected fee collections. 

The conferees note their disappointment with the USPTO’s inability to adhere to Public Law 108–447, which mandated staffing 

levels for patent and trademark examiners. The USPTO must continue to focus on hiring additional patent and trademark examiners 

in order to reduce patent and trademark pendency. The conference 

agreement therefore includes language designating full-time 

equivalents, positions, and funding for certain functions and requires that any deviation from those designations must be in acVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00141 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
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cordance with section 605 of the Act. Furthermore, the conferees 

remind the USPTO that any change from the funding distribution 

provided in the bill and the Statement of Managers, including carryover balances, is subject to the reprogramming procedures set 

forth in section 605 of this Act. 

The conference agreement adopts, by reference, language included in the House report regarding the National Inventor’s Hall 

of Fame and Inventure Place, the International Intellectual Property Institute, the University of Central Florida, a training facility, 

and telework. 

The conference agreement adopts, by reference, language included in the Senate report requiring a report on the USPTO’s efforts to implement the recommendations of the June 2004 Inspector General report. The report shall be submitted by January 15, 

2006. 

The conferees are concerned about protecting the intellectual 

property rights of American inventors and urge the USPTO to take 

immediate steps to prevent pirating and counterfeiting by foreign 

entities. The USPTO shall report to the Committees on Appropriations on its efforts by March 15, 2006. 

In addition, USPTO is directed to submit to the Committees on 

Appropriations, not later than three months after the enactment of 

this Act, a spending plan, which incorporates any carryover balances from previous fiscal years and any changes to the patent or 

trademark fee structure. 

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $6,000,000 for necessary 

expenses of the Under Secretary for Technology Policy and the Office of Technology Policy, instead of $6,460,000 as proposed by the 

House. The Senate included funding for these expenses under the 

Departmental Management account. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The conference agreement includes $761,767,000 for the National Institute of Standards and Technology (NIST), instead of 

$548,744,000 as proposed by the House, and $844,500,000 as proposed by the Senate. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The conference agreement includes $399,869,000 for the Scientific and Technical Research and Services (core programs) of the 

NIST, as proposed by the Senate, instead of $397,744,000 as proposed by the House. Of the funds made available, $1,300,000 is 

provided for transfer to the NIST Working Capital Fund. 

[Dollars in thousands] 

Conference agreement 

Electronics and Electrical Engineering .......................................................... $50,171 

Manufacturing Engineering ............................................................................ 22,132 

Chemical Science and Technology .................................................................. 44,651 

143 

Conference agreement 

Physics .............................................................................................................. 42,148 

Materials Science and Engineering ................................................................ 33,064 

Building and Fire Research ............................................................................ 22,030 

Computer Science and Applied Mathematics ................................................ 64,572 

Standards and Technology Services ............................................................... 15,926 

National Research Facilities ........................................................................... 37,434 

National Quality Program .............................................................................. 7,081 

Research Support Activities ............................................................................ 60,660 

Total, STRS ........................................................................................... 399,869 

The conference agreement includes, by reference, language in 

the Senate report regarding the Office of Law Enforcement Standards. The conference agreement also includes, by reference, language in the House report regarding the National Earthquake Hazards Reduction Program, and international standards negotiations. 

Within the funding for Research Support Activities, the conference agreement continues funding of $2,400,000 for a telework 

project and $6,500,000 for a critical infrastructure program, both of 

which received similar funding in previous fiscal years. The conference agreement also includes $1,027,000 for the For Inspiration 

and Recognition of Science and Technology Program, $1,503,000 for 

the Nanoparticle Risk Impact and Assessment Program, and 

$612,000 for the Operation Safe Commerce Program. Finally, the 

amount for Research Support Activities includes $4,864,000 for 

high priority requested program increases, such as the National 

Nanomanufacturing and Nanometrology Facility, biosystems and 

health, and quantum processing initiatives. 

INDUSTRIAL TECHNOLOGY SERVICES

The conference agreement includes $186,000,000 for Industrial 

Technology Services, instead of $106,000,000 as proposed by the 

House, and $246,000,000 as proposed by the Senate. 

Hollings Manufacturing Extension Partnership (MEP).—The 

conference agreement includes $106,000,000 for MEP, as proposed 

by both the House and the Senate. The conference agreement 

adopts, by reference, language in the House report regarding the 

requirements for applicants seeking assistance. 

Advanced Technology Program.—The conference agreement includes $80,000,000 for the Advanced Technology Program, instead 

of $140,000,000 as proposed by the Senate and no funding as proposed by the House. The conference agreement does not adopt bill 

language providing specific funding for new awards as proposed by 

the Senate. 

CONSTRUCTION OF RESEARCH FACILITIES

The conference agreement includes $175,898,000 for construction of research facilities, instead of $45,000,000 as proposed by the 

House and $198,631,000 as proposed by the Senate. 

The conference agreement includes $48,898,000 for maintenance, repair, construction and major renovations of the NIST campuses at Boulder, CO, and Gaithersburg, MD. The conferees provide $35,498,000 for safety, capacity, maintenance, and major repairs, including not less than $5,000,000 for Advanced Measurement Lab maintenance; $9,400,000 for central utility plant upgrades for the Boulder, CO campus; and $4,000,000 for the NIST 

144 

North relocation and remediation project. The balance of funds 

under this heading is allocated to activities specified in section 207. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The conference agreement includes a total of $3,946,000,000 

for the National Oceanic and Atmospheric Administration (NOAA), 

instead of $3,379,000,000 as proposed by the House and 

$4,476,000,000 as proposed by the Senate. 

NOAA is the Nation’s lead civilian agency in science, service, 

and stewardship for the Earth’s oceans and atmosphere. The agency’s mission was recently highlighted by two major national commissions: The Congressionally mandated and Presidentially appointed United States Commission on Ocean Policy and the privately funded Pew Oceans Commission. Together these commissions conducted the most comprehensive reviews of ocean policy 

and programs in over 35 years. The conferees note that the chairmen of the two commissions have formed the Joint Ocean Commission Initiative to encourage implementation of recommendations 

common to both commission reports. The conferees support NOAA’s 

science and education programs, which were strongly endorsed in 

the commission reports. To that end, the conference agreement 

adopts, by reference, language in the Senate report regarding a reporting requirement for Ocean Commission-endorsed programs. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes total direct obligations of 

$2,833,222,000, instead of $2,493,000,000 as proposed by the House 

and $3,264,983,000 as proposed by the Senate. Of the amount provided, $67,000,000 is from balances in the account entitled, ‘‘Promote and Develop Fishery Products and Research Pertaining to 

American Fisheries’’, and $3,000,000 is from the Coastal Zone Management Fund. The net appropriation from the General Fund is 

$2,763,222,000. 

Language is included prohibiting any general administrative 

charge against an assigned activity in this Act or the accompanying 

report. Language is also included capping the amount provided for 

corporate services administrative support at $179,036,000, and capping the amount available to the Department of Commerce Working Capital Fund at $34,000,000. 

The conference agreement stipulates that any deviation from 

the amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in section 605 of this Act. 

The conference agreement includes language making 

$2,000,000 available for subsidy costs of certain fisheries loans. 

The following table identifies the activities, sub-activities, and 

projects funded in this appropriation: 

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NATIONAL OCEAN SERVICE

The conference agreement includes a total of $500,031,000 for 

activities of the National Ocean Service (NOS). The conference 

agreement adopts, by reference, language in the House report on 

the hydrographic survey backlog, on Vieques Island, PR, and on 

the strategy for the use of private mapping services. 

Within the amount provided for Pribilof Islands Cleanup and 

Economic Development, the conferees agree that no more than 

$2,000,000 shall be available for economic development activities. 

The conferees are encouraged by recent efforts by regional ocean 

observing programs to establish a federation and seek competitive 

funding. The conferees expect that the creation of such a program 

will expedite the integration of these regional systems into a system of systems, which is fundamental to the broader concept of the 

Integrated Ocean Observing System. 

Of the funds provided for the Coastal Services Center, 

$3,000,000 is provided for Mississippi Digital Earth. 

The conference agreement includes $1,000,000 for a White 

Water to Blue Water Ecosystem initiative in the Gulf of Maine. 

Of the funds provided for the Center for Coastal Environmental Health & Biomolecular Research, funding is provided for 

high salinity studies if warranted. 

NATIONAL MARINE FISHERIES SERVICE

The conference agreement includes $678,469,000 for the operations of the National Marine Fisheries Service (NMFS). 

The conference agreement adopts, by reference, language in 

the House report regarding implementation of a West Coast in-season harvest data collection system, and a report on certain prior 

year balances. 

The conferees agree that funding provided for Shedd in fiscal 

years 2005 and 2006 shall be for Shedd’s Center for the Great 

Lakes, for conservation education activities, including exhibits, programming and community-based outreach. 

The conference agreement adopts, by reference, language in 

the Senate report regarding by-catch reduction, Columbia River 

Hatcheries, and Hawaiian Hatcheries. 

The conference agreement provides for the AK Composite Research and Development Program for Alaska Fisheries and Marine 

Mammals. Alaska’s commercial fishing industry is a primary employer, providing 47 percent of private sector jobs, and is second 

only to the oil industry in generating revenue to the State. Two of 

the Nation’s top three fishing ports, in terms of highest dollar 

value for commercial landings, are in Alaska. In 2003, Dutch Harbor-Unalaska moved the most fish of any port—908.7 million 

pounds for a total dollar value of $156,900,000. Kodiak, Alaska, 

was not far behind generating $81,500,000 for 262.9 million pounds 

of fish landed. 

The amount and dollar value of fishery resources taken from 

the waters off Alaska are only half the story. The science, research, 

and management of these living marine resources provide for sustainable and abundance-based harvests. The North Pacific has no 

fisheries listed as endangered, in part due to the constant moniVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00157 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
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toring and research that this funding provides. Alaska’s fisheries 

management requires data and research on over 900,000 square 

miles of ocean within the Exclusive Economic Zone off Alaska’s 

coast. These funds are critical to provide data collection, analysis 

and further resource development of these fisheries in order to provide continued economic opportunity for the State of Alaska and its 

numerous coastal communities. NOAA is directed to provide the 

Committees with a spending plan for the funds provided under the 

AK Composite Research and Development Program no later than 

30 days after the date of enactment of this Act. 

OCEANIC AND ATMOSPHERIC RESEARCH

The conference agreement includes $373,313,000 for the Oceanic and Atmospheric Research (OAR) line office. 

Within the amount provided for Climate Observations and Services, the conference agreement includes $68,500,000 for the 

Climate and Global Change program. 

The conference agreement adopts, by reference, language in 

the House report on planning activities related to the International 

Polar Year. 

The conference agreement includes, by reference, language in 

the Senate report regarding the establishment of a new joint institute and the National Sea Grant Program. 

The conference agreement includes funding for Urbanet, a 

partnership with an existing national network of weather stations 

that is centrally managed with uniform instrumentation, in order 

to validate the benefits of integrating such technologies into weather and all hazards management. 

Of the funds made available for the National Undersea Research Program (NURP), $1,125,000 is provided for the NURP Center in Alaska and $3,125,000 is provided for the NURP Center in 

Hawaii. 

Of the funds made available for Arctic Research under the ‘‘Ocean, Coastal, and Great Lakes’’ sub-heading, $2,000,000 is provided for the International Arctic Research Center. 

NATIONAL WEATHER SERVICE

The conference agreement includes $745,250,000 for the operations of the National Weather Service (NWS). 

The conference agreement adopts, by reference, language in 

the House report regarding weather radio coverage in certain locations, a tsunami warning network in the Caribbean/Gulf of Mexico, 

and air quality forecasting in the Shenandoah Valley. 

The conference agreement incorporates, by reference, language 

in the Senate report regarding the Susquehanna Flood Forecast 

and Warning System, tsunami modeling, and the weather radar 

and office in Williston, ND. 

The conferees remain concerned about the expenditure of funds 

for single purpose observing systems and encourage NOAA to 

maximize efficiencies by developing multi-purpose observing systems. 

The conference agreement provides $6,100,000 to strengthen 

the U.S. Tsunami Warning Network, including $1,000,000 for reengineering and design of tsunami detection buoys at the National 

159 

Data Buoy Center, $500,000 for next generation buoy research, 

$500,000 for tsunami warning sirens in the State of Washington 

and $500,000 for tsunami-readiness efforts, including warning sirens in the State of Oregon, focused on high-risk communities such 

as Seaside, OR. 

Of the amounts made available for the National Data Buoy 

Center, funding is included for the operation and maintenance of 

the Alaskan buoys, the hurricane buoys, and the conversion of 

weather buoys. 

The conference agreement provides an increase of not less than 

$500,000 for the National Hurricane Center for four new hurricane 

forecasters. 

The conferees direct that no funds shall be used to implement 

a plan to consolidate, regionalize, or reduce service hours at weather service forecast offices. 

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

The conference agreement includes $179,337,000 for the operational and research and development programs of the National 

Environmental Satellite, Data, and Information Service (NESDIS). 

Of the $2,800,000 provided for the National Climatic Data 

Center, $2,500,000 is to continue the GOES Data Archive Project 

and $300,000 is to develop a detailed strategy for prototyping data 

grids. 

PROGRAM SUPPORT

The conference agreement includes $356,422,000 for Program 

Support. 

The conference agreement adopts, by reference, language in 

the House report regarding a spending plan for all NOAA education programs. 

The conference agreement includes funding for the Office of 

General Counsel in the amount provided for Corporate Services. 

The conferees are concerned that funding provided to address 

NOAA’s maintenance and facilities needs in recent years has been 

redirected toward the hiring of staff. Many of NOAA’s facilities are 

in urgent need of maintenance and repair. The conference agreement provides funds to address these needs. NOAA is directed to 

provide the Committees with a plan for this funding within 90 days 

of enactment of this Act. 

The conference agreement incorporates, by reference, language 

in the Senate report regarding marine operations and maintenance. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes $1,124,278,000 under this 

heading, instead of $936,000,000 as proposed by the House and 

$1,195,017,000 as proposed by the Senate. 

The conferees remain concerned about the safety of NOAA employees at the Southwest Fisheries Science Center, and language is 

included providing the Secretary of Commerce the option to enter 

into negotiations with the University of California for a long-term 

lease. Any construction, however, will require future appropriation 

160 

of funds. The conferees emphasize that the Administration should 

assess this safety issue and should include a proposal in a formal 

budget request, if warranted. No funds are provided in this Act for 

the design or construction of a new facility. 

The conference agreement includes, by reference, language in 

the House report regarding radiosonde replacement, a report on the 

cost and risk implications of delays in the development of the National Polar-orbiting Operational Environmental Satellite System 

(NPOESS), the National Research Council report on Earth Science 

and Applications from Space, and the Coastal and Estuarine Land 

Conservation Program. The conference agreement includes, by reference, language included in the Senate report regarding the 

Coastal and Estuarine Land Protection program, the Fish and 

Wildlife Coordination Act, NOAA ships, and NOAA aircraft and unmanned aerial vehicles. 

Of the amounts provided for small boats, funding is included 

to procure two 51-foot highly stable craft for the Hawaiian Islands 

Humpback Whale National Marine Sanctuary. 

The conference agreement includes language regarding the incremental construction of the NOAA Pacific Regional Center. 

The following distribution reflects the activities funded within 

this account: 

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PACIFIC COASTAL SALMON RECOVERY FUND

The conference agreement provides $67,500,000 for Pacific Coastal Salmon Recovery, instead of $50,000,000 as proposed by 

the House and $90,000,000 as proposed by the Senate. 

Funds provided under this heading shall be allocated as fol- lows: $22,000,000 for Alaska; $6,500,000 for California; $1,250,000 

for Columbia River Tribes; $2,250,000 for Idaho; $6,500,000 for Oregon; $4,000,000 for Pacific Coast Tribes; and $25,000,000 for 

Washington. 

The conference agreement includes, by reference, language in 

the House report on program performance measurement. 

Of the amounts provided to the State of Alaska, the conferees agree to the following allocation: $3,500,000 is for the Arctic 

Yukon-Kuskokwim Sustainable Salmon initiative; $1,000,000 is for 

the Cook Inlet Fishing Community Assistance Program; $500,000 

is for the Yukon River Drainage Association; $500,000 is for 

Coffman Cove king salmon; $250,000 is for the State of Alaska to 

participate in discussions regarding the Columbia River hydro-system and for fisheries revitalization; $100,000 is for the United 

Fishermen of Alaska’s subsistence program; $2,500,000 is to restore 

salmon fisheries in Anchorage at Ship Creek, Chester Creek, and 

Campbell Creek, including habitat restoration and facilities; 

$500,000 is for Alaska Village Initiatives to enhance salmon stocks; 

$700,000 is for Bristol Bay Science and Research Institute; 

$1,000,000 is for the Alaska Fisheries Development Foundation; 

$1,500,000 is for the State of Alaska for fisheries monitoring; 

$1,500,000 is for the Alaska SeaLife Center to restore salmon runs 

in Resurrection Bay; $3,000,000 is for the Southeast Revitalization 

Association for implementation of its fleet stabilization program; 

and $750,000 is for the Kenai River. 

Of the amounts provided to the State of Washington, $2,500,000 is for the Washington State Department of Natural Resources and other State and Federal agencies for purposes of implementing the State of Washington’s Forest and Fish report, and $2,400,000 is designated for purchasing two automated marking 

trailers and four manual marking trailers. In addition, $490,000 is 

designated for the mass marking of Puget Sound tribal fish by the 

Washington Department of Fish and Wildlife, and $350,000 is designated for the mass marking of fall chinook at Hood Canal and 

Willapa Bay hatchery facilities operated by the Washington Department of Fish and Wildlife. In addition, $1,000,000 is designated for the Washington State Pacific Coast Tribes. Of the amounts provided to the State of Oregon, $1,100,000 is 

designated for conservation of mass marking at Columbia River 

hatcheries and $1,040,000 is for the purchase of one mass marking 

trailer. 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes language allowing the 

transfer of up to $3,000,000 to the ‘‘Operations, Research, and Facilities’’ account for the costs of implementing the Coastal Zone 

Management Act, as proposed by the House and Senate. 

165 

FISHERIES FINANCE PROGRAM ACCOUNT

The conference agreement includes language proposed by the 

Senate providing $287,000 to subsidize up to $5,000,000 for Individual Fishing Quota loans and up to $59,000,000 for fishing capacity reduction loans, of which $19,000,000 may be used for direct 

loans to the United States menhaden fishery. 

OTHER

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $47,466,000 for this account, as proposed by the House, instead of $44,605,000 as proposed by the Senate. The conference agreement does not provide 

funding for the Technology Administration within this account as 

proposed by the Senate. 

The conference agreement adopts, by reference, language included in the House report regarding office relocations. 

Legislative Affairs Function.—The conference agreement provides 11 full-time equivalents and $1,490,000 for the legislative affairs function, instead of 12 full-time equivalents and $1,621,000 as 

proposed by the House, and 9 full-time equivalents and $1,181,000 

as proposed by the Senate. 

Security Enhancements.—The conferees are aware that the Department of Commerce is planning security improvements at the 

Boulder, CO, facility and directs the Department to consult with 

the Committees on Appropriations prior to proceeding. No funding 

shall be redirected from other proposed construction projects at 

Boulder for this purpose. 

Intellectual Property.—The conferees are aware that $2,000,000 

was provided in fiscal year 2005 for the National Intellectual Property Law Enforcement Coordination Counsel (NIPLECC). The conferees continue to support that action and are aware that funding 

remains available through fiscal year 2006 to meet NIPLECC’s 

critical operations. 

Commerce Information Technology Solutions (COMMITS).—

The conferees note that concerns have been raised about the fairness of the ‘‘bid down’’ approach of the COMMITS acquisition vehicle, and agree that this matter warrants further review. The conferees therefore direct the Government Accountability Office (GAO) 

to undertake a review of this acquisition vehicle, with particular 

emphasis on a provision of the vehicle’s current guidelines that permit incumbent contractors who have graduated from a particular 

size category of small business to bid against smaller firms that 

still qualify for the smaller category of classification. The GAO’s review should be completed within 180 days of enactment of this Act. 

The conferees direct that the Secretary of Commerce ensure that 

appropriate procedures are in place so that awards made to incumbent contractors are in the best interest of, and constitute the best 

value for, the government. 

166 

UNITED STATES TRAVEL AND TOURISM PROMOTION

The conference agreement provides $4,000,000 for this account 

instead of no funding as proposed by the House and $5,000,000 as 

proposed by the Senate. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $22,758,000 for the Inspector General for fiscal year 2006, as proposed by both the House and 

the Senate. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the following general provisions for the Department of Commerce: 

Section 201 making Department of Commerce funds available 

for advanced payments only upon certification of officials designated by the Secretary that such payments are considered to be 

in the public interest. 

Section 202 making appropriations for the Department for Salaries and Expenses available for hire of passenger motor vehicles, 

and for services, uniforms and allowances as authorized by law. 

Section 203 providing the authority to transfer funds between 

Department of Commerce appropriation accounts and requiring notification to the Committees of certain actions. 

Section 204 providing that any costs incurred by the Department in response to funding reductions shall be absorbed within 

total budgetary resources available. 

Section 205 regarding the Emergency Steel Loan Guarantee 

Program. 

Section 206 regarding certain trademarks. 

Section 207 designating funds for certain projects. 

Section 208 designating amounts available in the ‘‘Promote and 

Develop Fishery Products and Research Pertaining to American 

Fisheries’’ fund. 

Section 209 regarding a transfer of funds from NOAA to NASA 

for certain purposes. 

TITLE III—SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The conference agreement includes $5,564,000 for the Office of 

Science and Technology Policy (OSTP) in the Executive Office of 

the President, as proposed by both the House and the Senate. The 

conference agreement includes, by reference, language in the House 

report regarding the improvement of coordination among science 

agencies on education programs. The conferees urge the OSTP to 

ensure that Executive branch policy makers and budget officials 

understand the impact of stagnation in science and technology. In 

this regard, the OSTP shall submit a report to the Committees by 

March 1, 2006, including recommendations for improving the effectiveness and coordination of science education programs across all 

agencies funded under this Act. 

167 

The conferees encourage the OSTP to assess future opportunities for improving merit-based, peer-reviewed basic science to support food and agriculture research and to report their findings to 

the Committees. 

The conferees are aware of concerns that insufficient attention 

and study has been directed toward the ethical dimensions of 

nanotechnology research. The conferees direct the OSTP to conduct 

such an analysis and report to the Committees no later than March 

31, 2006, on ethical questions raised by the National 

Nanotechnology Initiative, including recommended safeguards, and 

methods of monitoring and tracking potential uses of 

nanotechnology. The conferees encourage the OSTP to use external 

expertise in compiling this report. The conferees direct OSTP to 

work with agencies receiving funds under this Act for the National 

Nanotechnology Initiative to set aside a portion of the funding to 

analyze and report on the ethical issues generated from the research and development of nanotechnology. The conferees expect 

OSTP to follow the pattern established for the human genome 

project, allocating three percent of funding to ethical, legal and social issues research. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The conference agreement provides $16,456,800,000 for the National Aeronautics and Space Administration (NASA), instead of 

$16,471,050,000 as proposed by the House and $16,396,400,000 as 

proposed by the Senate. 

All changes to the budget request are net of NASA’s budget 

amendment that was submitted to the Congress after both the 

House and Senate had passed their respective bills, and hence are 

not included in the statement of the managers for the Science, Aeronautics and Exploration account or the Exploration Capabilities 

account. 

The conferees are extremely disappointed in the lack of detail 

provided in the fiscal year 2006 congressional budget justification. 

NASA is reminded that the primary purpose of budget justifications is to provide needed information to the Committees on Appropriations, and therefore must be submitted in a format with the 

necessary level of detail required by the Committees so that funding requests may be analyzed. In order for the budget justifications 

to be of value to the Committees, NASA shall present the fiscal 

year 2007 budget justification with detailed information on the 

prior year, current year, and requested funding levels for each program, project or activity funded within each division and directorate in each account, and provide detailed information on all proposed changes being requested. 

The conferees do not agree to the continuation of the transfer 

authority in the House bill. However, to the extent necessary, 

NASA should use the flexibility in spending authority within each 

of its accounts to accommodate any funding level adjustments after 

first consulting with the Committees on Appropriations. 

For fiscal year 2006 and thereafter, the conferees direct NASA 

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pacts on estimated carryover funds. NASA is further directed to incorporate independent cost verification as part of the process by 

which contracts are selected for contracts in excess of $100,000,000. 

This process should be a valuable guide for assessing when costs 

have exceeded expectations and will help identify projects for termination. 

As NASA begins the development of programs to return to the 

Moon, it is critical that it be able to control costs for these, and 

other, activities. For this purpose, NASA is directed to notify the 

Committees on Appropriations 30 days prior to allocating funds, 

modifying contracts, or extending existing contracts that are in excess of 15 percent of the original contract value at the program 

level. Within this notification, NASA shall justify the additional expenditure of funds. NASA shall also evaluate the new cost estimates and verify to the Committees on Appropriations the ability 

to complete the contract under the new funding profile. Finally, 

NASA shall identify the source of any required additional funds to 

cover the overrun. 

The conferees note that NASA has, in the past few months, 

used its buyout authority to promote voluntary separations as a 

first attempt at reshaping its workforce. The conferees believe that 

at this early stage, NASA has been able to reshape its workforce 

without losing critical workforce skills. The conferees direct that 

NASA shall not go beyond using voluntary buyout authority until 

it has developed a comprehensive coordinated restructuring plan 

and implementation roadmap, and has provided a report to the 

Congress detailing the steps that will be taken in reshaping the 

agency’s human and physical capital assets. In addition, NASA 

must notify the House and Senate Committees on Appropriations 

in advance of any planned reduction in force pursuant to section 

605 reprogramming requirements. 

With respect to the agency’s workforce, the conferees note the 

impressive core competencies that exist at NASA’s field centers, 

and direct the agency to fully utilize the competencies that reside 

at these field centers. NASA’s field centers are an asset, and not 

a liability, for our nation. The conferees believe that NASA currently has, and must maintain, world-class scientists and engineers 

at its field centers. These scientists and engineers must continue 

to work at the cutting-edge of their disciplines so that they can remain world-class. 

The conferees are supportive of NASA’s new vision and mission 

for space exploration and the conference agreement includes funds 

for the Administration’s priorities for these activities. However, the 

conferees remain concerned about the need to maintain the nation’s 

leadership in science and technology. To this end, the conferees 

have not agreed to the Administration’s proposed reductions to the 

aeronautics research program or science programs, and have partially restored funding to these core programs. However, given the 

serious nature of the budget deficit facing the nation, the conferees 

were forced to make a number of difficult choices in allocating the 

scarce resources available to NASA. The conference agreement includes a budget that supports both the new vision and NASA’s 

other core functions. 

169 

The conferees have agreed to provide funds to the Crew Exploration Vehicle (CEV) and Crew Launch Vehicle (CLV) according to 

the Exploration Systems Architecture study, but are concerned 

about the impact the accelerated schedules for the CEV and CLV 

will have within the agency. NASA is directed to find an approach 

that will, to the maximum extent possible, mitigate the impacts 

within NASA of this planned redirection of funding in fiscal year 

2006 and beyond for the CEV and CLV. 

NASA possesses a unique capability among Federal government agencies in that it has its own television station. This station 

is carried nationally on cable and satellite television stations. The 

conferees note that this asset is significantly underutilized and 

could be used as a centerpiece in helping to excite the next generation of explorers in science. NASA has made numerous important 

discoveries in recent years as a result of such initiatives as the 

Hubble Space Telescope, the Mars Rovers, and the Chandra Space 

telescope to mention a few. NASA must take advantage of its television resources to inform and excite the public about these discoveries. NASA Television has, for the most part, been used almost exclusively as an internal communications medium. NASA must 

make more effective use of this capability if NASA is to be permitted to retain it. NASA is directed to develop an integrated communications plan for NASA Television in consultation with outside 

experts. This plan should have a major focus on educating and exciting the next generation of explorers. This plan is to be submitted 

to the Committees on Appropriations no later than April 15, 2006. 

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $9,761,400,000 for Science, 

Aeronautics and Exploration instead of $9,725,750,000 as proposed 

by the House and $9,761,000,000 as proposed by the Senate. 

Changes to the budget request include increases of $10,000,000 for 

the Space Interferometry Mission, $30,000,000 for the Glory Mission, $60,000,000 for the Aeronautics Research program of which 

$25,000,000 is for hypersonic research, $10,000,000 for the Institute for Scientific Research, $20,000,000 for the National Center for 

Advanced Manufacturing, $5,000,000 for the Heavy Lift Launch 

Vehicle, $15,000,000 for the Propulsion Research Laboratory, 

$15,000,000 for an earth science competitive grant program, 

$20,000,000 for alternative small spacecraft technologies, 

$50,000,000 for the Hubble Telescope servicing mission, $8,200,000 

for EPSCoR, $12,200,000 for the Space Grant program, $5,000,000 

for Living With a Star program, and $280,000,000 for Congressionally directed priorities. Decreases to the budget request include 

$25,000,000 for Exploration Systems R&T, $25,000,000 for Discovery missions, $25,000,000 for Human Systems R&T, 

$26,000,000 for corporate G&A, $34,000,000 for Centennial Challenges, $15,000,000 for optical communications, $200,000,000 for 

Project Prometheus, and $90,000,000 for a general reduction. 

The conferees agree to the following: 

1. The conference agreement adopts, by reference, the House 

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170 

orbit crossing asteroids and the Senate report language with respect to the National Academy of Sciences Decadal Survey, 

EOSDIS, Centennial Challenges, and alternative small spacecraft 

technologies. In addition, both the House and Senate urge NASA 

to continue its technology and education collaboration with the 

American Museum of Natural History. 

2. The conference agreement provides an increase of $50,000,000 above the budget request for the Hubble Space Telescope for a total of $271,000,000. The conferees have provided this 

increase to continue planning, preparation and engineering activities for the SM–4 servicing mission pending a final decision on the 

use of the space shuttle by the Administrator. The conferees reiterate their position that the Hubble Space Telescope has been one 

of NASA’s most successful programs and remains one of the top 

priorities for the nation’s space program. The conferees direct the 

Administrator to continue to take all appropriate steps to ensure 

Hubble’s continued safe operations. 

3. The conferees support the Space Interferometry Mission (SIM) and have provided an additional $10,000,000 over the budget 

request for this mission, for a total program level of $119,000,000. 

NASA’s search for planets and life beyond our solar system is having increasing and dramatic success with more than 150 planets 

now discovered. SIM is expected to examine 2000–3000 stars for 

planetary systems to fulfill a critical step in the search for Earthlike planets. The conferees have provided these additional funds to 

ensure that SIM’s important mission remains on schedule. In addition, the conferees expect that NASA will continue funding for the 

Terrestrial Planet Finder. 

4. A key element of the nation’s vision for space exploration is 

NASA’s popular and scientifically important Mars exploration program. The Mars Exploration Rovers Spirit and Opportunity have 

captured the world’s imagination as indicated by the more than 10 

billion hits on NASA’s Mars website. Therefore, the conference 

agreement provides $680,000,000 for the Mars program. The conferees urge NASA to continue these important programs within the 

context of the President’s vision for space exploration. 

5. The conference agreement provides $371,600,000 for the 

James Webb Space Telescope, the same as the budget request. 

6. The conferees fully support the emphasis being placed on 

the development of a new Crew Launch Vehicle, understanding 

that this is a critical element of the Exploration Systems Architecture. Additional risk reduction activities are required to help ensure the success of this program and therefore the conference 

agreement provides an additional $20,000,000 to the funds provided to the National Center for Advanced Manufacturing for work 

to include, but not limited to, the development of a structural test 

article, upperstage mass simulator, main propulsion test article 

and mated vehicle ground vibration test article to support 

upperstage development; and prototype and test advanced longterm cryogenic storage tanks. 

7. The conference agreement includes an additional 

$15,000,000 to the Propulsion Research Laboratory to conduct research and development in support of the Constellation program, 

including the characterization of the altitude start capability of the 

171 

Space Shuttle main engine and research in nuclear systems and 

high energy electric propulsion. 

8. The conferees note that the Heavy Lift Launch Vehicle is 

critical to NASA’s exploration plans, and that human exploration 

beyond low-Earth orbit is not achievable without an operational capability. The conferees strongly urge NASA to initiate work on critical systems earlier than is currently planned and provide an additional $5,000,000 to begin development and planning for the heavy 

lift vehicle proposed in the Exploration Systems Architecture. The 

conferees also direct NASA to submit a report to the Committees 

on Appropriations within 120 days of enactment of this Act with 

a detailed plan for ensuring that such a capability will be available 

for missions as soon as possible. 9. The conference agreement provides $60,000,000 above the 

budget request for the Aeronautics Research program for a total 

program level of $912,300,000, of which $25,000,000 is for the continuation of hypersonics research. The conferees direct that within 

60 days of enactment of this Act NASA shall provide to the Committees on Appropriations and the legislative committees of jurisdiction in the House and Senate a plan for how it intends to allocate aeronautics research funds for fiscal year 2006. Included in 

this plan should be a definition of work that enhances United 

States competitiveness. 

10. The conferees note that the National Academy of Sciences, 

Solar System Exploration Decadal Survey of planetary scientists 

concluded that the highest priority of the scientific community is 

an orbiter/lander mission to Jupiter’s moon Europa. The Administration supported just such a mission, and had proposed that the 

first or second mission of the Prometheus Nuclear Systems and 

Technology Program would be the Jupiter Icy Moons Mission 

(JIMO). NASA no longer plans a JIMO mission for Project Prometheus because of funding and technical considerations, and because the NASA Administrator has determined that funding is 

needed to implement the President’s vision for space exploration. 

Recognizing that these deep space missions usually take a decade 

to complete from design to orbit, the conferees support NASA moving forward with a conventionally powered mission to Jupiter as 

soon as possible. Therefore, the conferees direct NASA to begin 

planning for this mission and to incorporate a new start for a nonnuclear Europa mission as part of its fiscal year 2007 budget request. 

11. The conferees have modified Senate language regarding the 

Discovery program. The conferees set a cap of $425,000,000 on all 

future Discovery missions beginning with the next announcement 

of opportunity. In addition, the conferees direct NASA to report 

back to the Committees on Appropriations on all future awards 

under this program and provide detailed information as to the cost 

of spacecraft, scientific instruments, launch vehicles, civil service, 

flight readiness, launch integration and operations, agency reviews 

and deep space network costs. 

12. The conference agreement provides a total of $12,500,000 

for NASA’s Experimental Program to Stimulate Competitive Research. Additionally, the conferees recommend a total of 

$30,200,000 for the National Space Grant College and Fellowship 

172 

Program. This amount will fund 40 grantees at $611,250 each and 

12 grantees at $425,000. The conferees expect NASA to follow this 

distribution. 

13. The conference agreement provides an increase of $15,000,000 above the budget request for the Earth Science Applications program. This funding increase will be used to support 

competitively selected projects. These projects will integrate the results of NASA’s earth observing systems and earth system models 

(using observations and predictions) into decision support tools to 

serve applications of national priority including, but not limited to: 

homeland security, coastal management, agricultural efficiency, 

and disaster management. 14. The conference agreement provides $103,600,000 for 

NASA’s Solar Terrestrial Probes program. The conferees urge 

NASA to move forward with full-scale development of the 

magnetospheric multiscale mission. 15. The conference agreement provides $5,000,000 above the 

budget request for Living With a Star program for a total program 

level of $239,000,000 of which $10,000,000 shall be allocated to the 

APL Program Office for direct program management of certain activities, including the Geospace Radiation Belt program, the 

Geospace Ionispheric-Therospheric program, the Solar Sentinels 

program and the Solar Probe Advanced Technology program. The 

conferees remain concerned about the Solar Dynamic Observatory’s 

cost growth over time and expect NASA to take steps to manage 

it so as not to adversely impact future launch schedules of 

Geospace and Solar Sentinels. 

16. Within the funds provided for non-programmatic construc- tion of facilities, $10,000,000 is directed to the Institute for Scientific Research, Inc. for the continued construction of the research 

facility. 

17. The conference agreement provides the budget request of $30,900,000 for continued operation of the Independent Verification 

and Validation Center in Fairmont, WV. 

18. The conferees direct, to the extent possible, that education 

funds within this account address the education needs of women, 

minorities, and other historically underrepresented groups. 

19. The conferees are concerned that NASA has halted environmental clean-up of the test reactor facility at NASA Plum Brook 

Station in Sandusky, OH. NASA has since learned that low levels 

of radioactive contamination have been found on and off site at this 

Station, but continues to delay completion of the decommissioning 

of the nuclear reactor. As a result, NASA is urged to reconsider its 

premature termination of clean-up contracts and sub-contracts. 

Further, the agency should report back to the Committees on Appropriations by March 30, 2006, on how it plans to address this 

issue, including the associated costs of such plan. 

20. The conferees note that over the past several years the 

technological maturity of U.S. manufactured unmanned aerial vehicles (UAVs) has increased substantially. The conferees believe 

UAVs could offer NASA a potentially low cost alternative to traditional earth science research missions, thereby opening up new opportunities for research that do not currently exist, and possible 

improvements in weather and severe storm prediction capabilities. 

173 

Therefore, the conferees direct the NASA Administrator, in consultation with National Oceanic and Atmospheric Administration 

(NOAA), to report to the Committees on Appropriations on the potential use of UAVs to operate in the near space environment for 

a variety of science and operational missions. The report should be 

completed no later than March 30, 2006. 

21. The conferees support NASA’s efforts to realign the Aeronautics program by redirecting resources into high-priority activities in support of core competencies in supersonic, subsonic, and 

hypersonic flight. The conferees urge NASA, as part of this realignment, to ensure a smooth transition of data for certification and 

policy recommendations from NASA’s Unmanned Aerial Vehicles in 

the National Airspace project to the Federal Aviation Administration (FAA), so that this knowledge is fully available to the FAA for 

use in the certification process. The conferees direct NASA to provide a report on the findings of the UAVs in the National Air Space 

project to the FAA no later than February 15, 2006, with a copy 

of this report to be provided to the Committees on Appropriations. 

22. Funding was proposed in the budget requests for NASA, 

the Department of the Interior’s United States Geological Survey, 

and the NOAA for a Landsat Data Continuity Mission. The Administration proposed a Landsat-type instrument to be flown on a 

NOAA spacecraft. The conferees now understand that such a mission is no longer feasible for both funding and technical reasons. 

The conferees direct the above agencies, in consultation with the 

Office of Science and Technology Policy, to report back to the Committees on Appropriations within 120 days of enactment of this Act 

with an appropriate alternative for a Landsat mission. 

23. With minor technical changes, the conferees have agreed to 

language included in the House report requiring the President to 

develop a National Aeronautics Policy no later than one year from 

the date of enactment of this Act. The lack of support and clear direction for NASA’s Aeronautics Research program is directly related to the fact that there is no clear policy direction concerning 

the government’s role in the civil aviation industry. The conferees 

are extremely concerned about the direction NASA has taken in 

downsizing and restructuring its Aeronautics Research program. 

While the United States is reducing its Federal investment in aeronautics research, our competitors are increasing their aeronautics 

research and development budgets and making competitiveness 

their number one priority. While the conferees support the development of a national aeronautics policy, such a policy should be guided by the data and policy guidance contained in the recently published National Institute of Aerospace Report, ‘‘Responding to the 

Call: Aviation Plan for American Leadership’’. 

24. With the cancellation of the Mars Telecommunications Orbiter, the conferees are concerned about how the requirements that 

led to the need for this mission will be met, especially optical communications. NASA is directed to provide a report no later than 

March 1, 2006, on these requirements, how it intends to meet these 

requirements and what the impact on the overall Mars exploration 

programmatic risk will be. 

174 

25. NASA is directed to provide a ten-year funding plan for the 

Deep Space Network upgrades and maintenance as part of the fiscal year 2007 budget request. 

26. The conferees agree that NASA should continue to work toward an affordable, universal and autonomous capability for rendezvous and docking in the vicinity of the Earth, the Moon, and 

Mars. Upon completion of the DART review board report, the conferees direct NASA, within 30 days of delivery of the board report, 

to report to the Committees on Appropriations with its future plans 

for autonomous, safe proximity operations and docking in space. 

The conference agreement provides funds for the following congressional priorities. None of these funds shall be for non-NASA 

construction projects: 

$3,000,000 MSFC Simulation Based Acquisition for Manned 

Space Flight Vehicle Design and Testing; 

$4,000,000 Satellite Test Equivalence Principal (STEP); 

$1,500,000 Alan Shepard Discovery Center at the McAuliffe 

Planetarium, equipment and exhibits; 

$1,000,000 Ott Planetarium, education programs; 

$1,000,000 Stars program at Rhoads College, TN; 

$5,000,000 to be transferred to the Air Force Research Laboratory for joint NASA–AFRL research in advanced air traffic management including the development of new visualization and simulation tools; 

$2,000,000 Institute for the Application of Geospatial Technology at Cayuga Community College, Inc.; 

$1,000,000 University of South Alabama for high strength composite research; 

$1,000,000 collaborative research on innovative carbon 

nanotechnology between Houston Advanced Research Center and 

Rice University; 

$750,000 Remote Sensing Initiative at California State University, Fullerton; 

$700,000 space exploration education program at the McLean 

VA based Total Learning Research Institute; 

$2,000,000 George Mason University’s Center for Earth Observing Research; 

$4,000,000 cooperative partnership between GSFC and Lehigh 

University for research and development of nanomaterials; 

$500,000 cooperative education programs between Griffith Observatory and NASA’s Jet Propulsion Laboratory; 

$300,000 education programs at St. Thomas University; 

$1,150,000 Southeast Missouri State University, Educator Resource Center; 

$1,000,000 Environmental Tectonics Corporation, flight simulator pilot training human factors validation; 

$500,000 National Federation of the Blind, science education 

programs for blind youth; 

$3,000,000 Virginia Institute for Performance and Engineering; 

$1,000,000 Centenary College NJ, innovative teacher training 

initiative; 

$2,500,000 NASA-Illinois Technology Commercialization Center at DuPage Research Park; 

175 

$1,000,000 Northwestern University Institute for Proteomics 

and Nanobiotechnology; 

$2,000,000 Pacific Northwest Regional Collaboratory WA, 

earth science applications; 

$4,000,000 Ultra Efficient Engine Technology (UEET); 

$1,000,000 Garrett Morgan Commercialization Initiative; 

$2,000,000 Advanced Virtual Engine Test Cell, Springfield, 

OH; 

$750,000 Westminster College’s Natural Sciences and Technology Center MO, education programs; 

$1,000,000 Applied Polymer Technology Extension Consortium, 

LA; 

$200,000 North Shore Aerospace Initiative IL; 

$750,000 Museum of Science and Industry’s Human Exploration program, Henry Crown Space Center, IL; 

$200,000 Adler Planetarium education programs; 

$500,000 Challenge Learning Center, Olean, NY; 

$500,000 Central Illinois Regional Museum for digital dome 

planetarium equipment; 

$4,000,000 Loma Linda University space radiation research; 

$1,000,000 University of Redlands academic programs; 

$1,000,000 Oklahoma Space Technology Program; 

$1,000,000 Centenary College LA, technology upgrades; 

$1,000,000 Plattsburg Aeronautical Institute NY; 

$1,000,000 Texas Tech University TX, development and enhancement of space flight technologies; 

$500,000 University of Idaho ID, deep submicron radiation 

hard electronics; 

$2,350,000 Jason Foundation Project; 

$500,000 Embry-Riddle Aeronautical University AZ, education 

programs; 

$1,000,000 Burlington Community College Integrated Education Center NJ, equipment; 

$2,000,000 Idaho National Laboratory ID, performance, safety, 

and mission success tools; 

$1,400,000 Indiana University solar proton radiation research; 

$2,000,000 Pisgah Astronomical Research Center NC, equipment and exhibits; 

$1,500,000 Regional Application Center for the Northeast; 

$4,000,000 Space Alliance Technology Outreach Program; 

$1,900,000 KSC Space Life Sciences Laboratory and Florida 

Institute of Technology FL, research program; 

$2,000,000 University of South Florida National Center for 

Roadway Friction; 

$3,000,000 Florida State University advanced turbines research; 

$1,000,000 Challenger Learning Center of Southwestern Connecticut; 

$2,000,000 for the development and optimization of a low-cost 

repairable ceramic (CeramARC) for high temperature applications 

such as leading edges; 

$2,000,000 for the NASA In-Space Propulsion program for 

High-power Pulsed Inductive Thruster technology research, utiVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00175 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
176 

lizing a vector inversion pulsed generator to pre-ionize the propellant at an exceptionally high frequency; 

$1,000,000 for on-going activities of the Goddard Institute for 

Systems, Software, and Technology Research, including modelbased mission design tools and advanced sensors for UAVs; 

$5,000,000 to establish a software research program at NASA’s 

Independent Verification & Validation Facility to include the Code 

Level Metrics Data Program, IV&V of Neural Nets, and Software 

Legacy Research; 

$900,000 for the NASA Virtual Teams Collaboration Pilot at 

Glenn Research Center; 

$4,500,000 for the WVHTCF for research of grid-computing 

based evolutionary design techniques across NASA applications; 

$600,000 for the WVHTCF’s Network Learning Alliance; 

$1,100,000 for Fairmont State University for aerospace programs, teaching labs, equipment for programs and necessary improvements and upgrades to the Fairmont State University Aerospace Education Center; 

$4,000,000 for Glenville State College for laboratories, equipment, planning and programs associated with the science center; 

$2,100,000 for the WVHTCF program for the Innovative Research of Technologies to Enable Next Generation Space Exploration; 

$1,500,000 for the Glenn Research Center Collaborative Engineering Environment; 

$100,000 for Albany Technical College in Albany, Georgia for 

a technology, math and engineering program; 

$150,000 for Muscogee County Schools in Georgia for math and 

science programs; 

$250,000 for Albany State University in Albany, Georgia for 

project ‘‘Jump Start’’ for a math and science education enhancement program; 

$150,000 for Andrew College, Georgia, for a rural math, 

science and engineering program; 

$600,000 for Richland County Challenger Learning Center for 

Space Education in Columbia, South Carolina; 

$2,000,000 for the Sci-Quest Hands-On Science Center; 

$1,400,000 for the Alabama A&M University for Advanced Propulsion Materials Research; 

$800,000 for the University of Alabama in Huntsville for the 

Laboratory for Advanced Scintillator Materials; 

$500,000 for the U.S. Space & Rocket Center for museum exhibits updates; 

$2,300,000 for the Propulsion Research Laboratory at the Marshall Space Flight Center for advanced propulsion test equipment; 

$1,000,000 for the Mid-Atlantic Aerospace Complex in Bridgeport; 

$100,000 for the Lower Hudson Valley Challenger Center; 

$3,500,000 for the Educational Advancement Alliance to support the Alliance’s K–12 math, science and technology education 

and scholarship program; 

$700,000 for Middle Tennessee State University for K–12 

Science Education Enhancements; 

177 

$250,000 for the Science, Technology, Engineering and Mathematics Center at Tennessee Tech University; 

$1,000,000 for the National Center of Excellence in Small Scale 

Systems Packaging at the State University of New York in Binghamton; 

$2,500,000 for Goddard Space Flight Center for Radiance process laser dry cleaning capability; 

$2,000,000 for Goddard Space Flight Center’s Integrated Modeling Environment for Safety of Space Flight initiative; 

$100,000 for planning associated with the Plum Brook Station 

Alternative Energy Development; 

$250,000 for East Providence School Department, Rhode Island, for instruction labs in math and science; 

$200,000 for the University of Rhode Island Engineering 

School; 

$200,000 for the Providence School Department, Rhode Island, 

for instructional labs in math and science; 

$1,000,000 for continuation of NASA’s Science and Education 

Institutional collaboration between the American Museum of Natural History, New York; 

$600,000 for the Chabot Space and Science Center in Oakland, 

California for The Future Programs for Humans in Space Education Programs; 

$950,000 for the Sacramento Space Science Center at California State University; 

$500,000 for the MCNC-Research and Development Institute 

(RDI) for continued funding for a Laboratory for Distributed Chemical and Biological Sensors; 

$500,000 for North Carolina State University’s Center for Sustainable Life Support; 

$500,000 for the North Carolina Museum of Natural Sciences; 

$1,000,000 for the University of San Francisco to acquire 

equipment for laboratories and upgrades to a science center; 

$250,000 for the Liberty Science Center; 

$500,000 for St. Peter’s College, New Jersey, for enhancing 

physical sciences and human factors education and research; 

$1,000,000 for Downey, California related to housing of a 

Space Shuttle mock-up; 

$300,000 for the Bronx Community College Center for Sustainable Energy; 

$1,000,000 for Ball State University, Indiana, Human Performance Laboratory; 

$750,000 for the University of Massachusetts at Amherst for 

the U.S./Mexico large millimeter telescope project; 

$4,500,000 for the California Academy of Sciences to support 

technologies and educational programming for the Morrison Planetarium; 

$200,000 to Coppin State University for the Middle Passage 

Project to support the Geospatial Sciences Laboratory 

$1,000,000 for the Dole Scholarship Program; 

$1,500,000 for weather mapping in Alaska; 

$3,500,000 for the Biodefense Research Infrastructure Project 

at St. Louis University; 

178 

$4,000,000 for the Stennis Commercial Technology Program 

(CTP); 

$500,000 for the AgCam Science Applications Team, Montana 

State University, Bozeman, Montana; 

$2,000,000 for the University of South Alabama to develop a 

high peak power plasmoid thruster; 

$1,000,000 for the University of Louisville Rejuvenating Injured Tissues for Enhanced Wound Healing Project; 

$100,000 for the La Rouche College Chemistry Initiative; 

$300,000 for the Stroud Water Research Center; 

$1,000,000 for the Delaware AeroSpace Education Foundation, 

Kent County, Delaware; 

$3,500,000 for Auburn University to develop high efficiency, 

free piston stirling converters; 

$250,000 for the Space Foundation’s Integrated Science, Technology, Engineering, and Mathematics (STEM) Education Program; 

$200,000 for the Colorado Consortium for Earth and Space 

Science Education Challenger Learning Center of Colorado Springs; 

$350,000 for the Center for Science and Technology at Dominican University, San Rafael, California; 

$300,000 for the Sun-Climate and Extra solar Planets Research Program at Tennessee State University; 

$750,000 for the Digital Image Archive Center at Utah State 

University; 

$2,500,000 for the Composites Technology Institutes, Marshall 

University, Huntington, West Virginia; 

$1,750,000 for the Ultra-Long-Duration Balloon Program at 

New Mexico State University; 

$200,000 for the Adventure Science Center—Bridges to the 

Universe; 

$500,000 for the GeoInformatics Training, Research, Education 

and Extension Center (GeoTREE) for emergency planning and 

management; 

$4,000,000 for the Chesapeake Information Based Aeronautics 

Consortium, Baltimore, Maryland of which $1,000,000 is for a demonstration of the Navy’s JATDI program into civilian applications; 

$750,000 for the University of Colorado Institute for Micro/ 

Nano Technology for Engineering and Life Sciences; 

$1,000,000 for the North Alabama Science Center’s Alabama 

Nature Center interactive immersive-reality science laboratory; 

$2,000,000 for Constellation University for the CU Research 

Program; 

$1,000,000 for Philadelphia University for the Scientific Reasoning-Inquiry Based Education Initiative; 

$2,000,000 for the University of Rochester, Rochester, New 

York for optics research; 

$2,000,000 for the University of Louisville Space Flight Exploration Project; 

$2,500,000 for the National Space Science and Technology Center to develop high power thin disk lasers; 

$4,000,000 for the Alliance for NanoHealth; 

$3,000,000 for the Northern Great Plains Space Sciences Technology Center at the University of North Dakota, Grand Forks; 

179 

$1,100,000 for the Glenn Research Center for research and 

technology programs in advanced aeronautics programs, including 

turbine engine research; $1,000,000 for the Pittsburgh Tissue Engineering Initiative; 

$2,000,000 for the development of a prototype systems integration node for secure data storage at MSFC; $100,000 for the Franklin & Marshall Life Sciences Facility; 

$1,000,000 for the University of Mississippi to expand the National Center for Air and Space Law (NCASL) mission; $1,500,000 for the Houston Advanced Research Center; 

$500,000 for the University of Idaho for Radiation-Tolerant 

Ultra-Low-Power (RTULP) electronics; 

$800,000 for the Combined Positron Emission Tomography 

(PET) and Computed Tomography (CT) Scanner at Colorado State 

University; $3,000,000 to the Mauna Kea Discovery Center, Hilo, Hawaii; 

$2,750,000 for the Glenn Research Center for research and 

technology programs in electric power and propulsion, including 

photovoltaics, solar power, fuel cells, and other forms of energy 

storage; $1,000,000 for the Nuclear Systems Initiative at the Propulsion 

Research Lab for a modeling and simulation test bed environment; $500,000 for Wheelock College, Boston, Massachusetts, for K– 6 science teacher education; 

$1,250,000 for the Astromaterials Institute at University of 

New Mexico; 

$500,000 for the Manned Space Flight Education Foundation; 

$600,000 for the Sci-Port Discovery Center, Shreveport, Louisiana; 

$500,000 for the Temporal Land Cover Change Research Program at Idaho State University; $1,000,000 for the Mississippi Coastal Disaster Inventory Initiative; 

$1,000,000 for the Advanced Computing Center at the University of Vermont, Burlington, Vermont; 

$5,000,000 for the Autonomous Rendezvous and Docking Center of Excellence; 

$4,000,000 for the Micro Satellite Development program at the 

National Space, Science and Technology Center in coordination 

with NASA’s Systems Development, Integration and Test Division; 

$50,000 for the Denver Museum of Nature and Science Space 

Odyssey Initiative; 

$2,500,000 for the Saturn V Rocket restoration at the U.S. 

Space and Rocket Center; 

$1,000,000 for the Center for Space and Planetary Sciences at 

the University of Arkansas, Fayetville; 

$1,000,000 for the Space Dynamics Laboratory Calibrations 

Standards Initiative at Utah State University; 

$1,250,000 for Compact Laser Sensors at Montana State University; 

$400,000 for the Glenn Research Center for Human Health 

and Performance in Space; 

$600,000 for the Central Nebraska Planetarium at the University of Nebraska at Kearney; 

180 

$3,000,000 to develop and demonstrate an Airport Operations 

Virtual Systems Laboratory; $500,000 for the Space Engineering Institute at Texas A&M 

University; $3,000,000 for the National Technology Transfer Center at 

Wheeling Jesuit University, Wheeling, West Virginia for the 

HEALTHeWV program; $750,000 for the Glenn Research Center for applied research in 

nuclear power and propulsion systems; $2,000,000 for the Institute for NanoBio Technology at Johns 

Hopkins University, Baltimore, Maryland; $1,000,000 for a Methane Propellant Viability Assessment and 

Program Plan to be conducted within the Rocket Propulsion Test 

Program; $2,000,000 for continued operation of the Classroom of the Future at Wheeling Jesuit University, Wheeling West Virginia; $5,000,000 for the Propulsion Research Lab for the development of a Crew Launch Vehicle Integrated Health Monitoring 

Fault Detection and Correction system; $4,000,000 for infrastructure upgrades at the Wallops Island 

Flight Facility to accommodate unmanned aerial vehicles at existing hangars as well as the creation of ground support facilities for 

medium and high altitude UAV’s and the definition and development of end to end concept of operations including payload-air vehicle integration and developing a standardized UAV design for civilian agencies; $250,000 for the Geospatial Extension Specialist program at 

Utah State University; $2,000,000 for high end computing capability at the Goddard 

Space Flight Center; $4,000,000 for MSFC for the development of a knowledge management integrated data environment; $500,000 for the Mid-Atlantic Regional Spaceport to study the 

expansion of the Wallops Island Flight Facility into a next-generation, commercial cargo spaceport; 

$1,250,000 for Spaceflight Health Monitoring Technology at 

Montana State University; 

$2,000,000 for the Pacific Northwest National Laboratory in 

Richland, Washington; 

$400,000 for Applied Technology Center at Montana State University—Northern; 

$1,500,000 for the NASA Langley Visitor Center for the ‘‘Space 

Bound’’ campaign; 

$750,000 for the Aerospace Propulsion Particulate Emissions 

Reduction Program at the University of Missouri; 

$5,000,000 for the High Altitude Deployment Demonstration 

(HADD) within the Planetary Aircraft Risk Reduction program 

(PARR) for integrating existing aircraft critical sub systems and 

conducting a flight-testing program using a full size prototype aircraft; 

$1,000,000 for the Manufacturing Research Center at Southern 

Methodist University; 

$3,500,000 for the Maryland Institute for Dexterous Space Robotics at the University of Maryland, College Park; 

181 

$2,000,000 for the Bio-Info-Nano Research and Development 

Institute at NASA Ames Research Center to be operated in conjunction with University of California at Santa Cruz; 

$600,000 for the Montana Technology and Innovation Partnership; 

$2,000,000 for continued operations of the National Technology 

Transfer Center (NTTC) at Wheeling Jesuit University, Wheeling, 

West Virginia; 

$2,000,000 for the Maryland Department of Business and Economic Development for broadband connection to the Wallops Island 

Flight Facility; 

$1,000,000 for the Mitchell Institute, Portland, Maine for educational purposes; and 

$375,000 for the Challenger Foundation for education software. 

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $6,663,000,000 for Exploration Capabilities instead of $6,712,900,000 as proposed by the 

House and $6,603,000,000 as proposed by the Senate. Changes to 

the budget request include an overall reduction for International 

Space Station of $80,000,000, of which $60,000,000 is for crew 

cargo services, a reduction of $10,000,000 for space communications, and $10,000,000 as a general reduction. The conferees have 

addressed funding and policy direction for the aeronautics research 

program under the Science, Aeronautics and Exploration account. 

The conferees agree to the following: 

1. The conference agreement provides a funding level for the 

International Space Station crew and cargo services program of 

$198,000,000, which includes $98,000,000 in carryover funds from 

fiscal year 2005 as well as $100,000,000 appropriated in this Act. 

This funding level should be sufficient to address NASA’s needs in 

this area. 

2. NASA is encouraged to utilize, to the fullest extent possible, 

commercially developed domestic cargo resupply and, ultimately, 

crew rotation capabilities for the International Space Station. This 

should be a priority for NASA. Utilizing the market offered by the 

International Space Station’s requirements for cargo and crew will 

help to spur true competition in the private sector, result in savings that can be applied elsewhere in the program, and promote 

further commercial opportunities in the aerospace sector. 

3. The conferees are concerned that construction of facilities 

projects that have been planned and deferred by NASA in the past 

have not been readdressed in a satisfactory manner. One such 

project is building 4601 at the Marshall Space Flight Center. The 

conferees direct NASA to begin construction of building 4601, beginning in fiscal year 2006, from within funds provided for the construction of facilities. Furthermore, construction funds should not 

be taken from the general and administrative services account to 

cover this activity. 

4. NASA is reminded that it must request a reprogramming, 

in writing, to move or alter the purpose of any funds related to the 

Shuttle program, and that NASA must include the out-year imVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00181 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
182 

pacts on all activities involved in such a reprogramming. In addition, NASA is directed to consult with the Committees on Appropriations on all proposed changes to investments in the Shuttle 

program. These consultations should occur before any final decisions are made. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $32,400,000 for the Office 

of Inspector General as proposed by both the House and Senate. 

The conference agreement includes bill language proposed by the 

Senate that extends the availability of funds until September 30, 

2007. 

ADMINISTRATIVE PROVISIONS

The conferees agree to the following: 

1. Bill language is included as proposed by the House making 

minor technical changes to the language dealing with environmental compliance and restoration activities. The Senate bill had 

similar language. 

2. Bill language is included as proposed by the House making 

minor technical changes to the language dealing with the availability of funds for construction of facilities. The Senate bill had 

similar language. 

3. Bill language is included as proposed by the Senate dealing 

with prizes. Funding for the Centennial Challenge is not available 

for obligation unless authorized. The House bill had no similar language. 

4. Bill language is included as proposed by the Senate that allows the merging of unexpired balances that are transferred to the 

new account established under this Act. The House bill had no 

similar language. 

5. Bill language is included as proposed by the House that incorporated by reference the program, projects, and activities included in the statement of the managers accompanying this Act. 

The Senate bill had no similar language. 

6. Bill language is not adopted as proposed by the House that 

would have allowed for the transfer of funds between appropriations accounts. The Senate bill had no similar provision. 

NATIONAL SCIENCE FOUNDATION

The conference agreement includes $5,653,370,000 for the six 

appropriations accounts of the National Science Foundation (NSF), 

instead of $5,643,370,000 as proposed by the House and 

$5,530,959,000 as proposed by the Senate. 

RESEARCH AND RELATED ACTIVITIES

The conference agreement includes $4,387,520,000 for the Research and Related Activities account, instead of $4,377,520,000 as 

proposed by the House and $4,345,213,000 as proposed by the Senate. 

The conference agreement includes language allowing funds 

under this heading to be available for polar icebreaking services. 

The conferees expect the NSF to reimburse the United States Coast 

183 

Guard for such services pursuant to a memorandum of agreement. 

The conference agreement includes, by reference, language in the 

House report regarding the submission of a report on alternatives 

for long-term icebreaking needs and future options for supporting 

the United States presence in the Antarctic. 

The conference agreement includes, by reference, language in 

the House report on innovation inducement prizes. The conference 

agreement also includes, by reference, language in the Senate report on the Plant Genome Research program and radio astronomy. 

The conferees agree that funding for the Children’s Research 

Initiative research centers program shall continue at least at the 

fiscal year 2005 level. The conferees commend NSF for its Silicon 

Nanoelectronics and Beyond program and its partnership with the 

Nanoelectronics Research Initiative, which involves the sponsorship 

of research in the areas of information technology and electronics. 

The conferees encourage NSF to continue its support for such research in fiscal year 2006 at the same level as fiscal year 2005. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The conference agreement includes $193,350,000 for the Major 

Research Equipment and Facilities Construction (MREFC) account, 

as proposed by the House and Senate. In addition, the conferees 

are aware that unobligated balances of at least $14,880,000 are 

available from fiscal year 2005, resulting in a total funding availability of $208,230,000 under this account. The conferees agree to 

the following distribution of available resources, which fully funds 

all requested MREFC projects for fiscal year 2006: 

[Dollars in thousands] 

Conference agreement 

Atacama Large Millimeter Array ................................................................... $49,240 

EarthScope ....................................................................................................... 50,620 

IceCube Neutrino Observatory ....................................................................... 50,450 

Scientific Ocean Drilling Vessel ..................................................................... 57,920 

Total, MREFC ....................................................................................... 208,230 

EDUCATION AND HUMAN RESOURCES

The conference agreement includes $807,000,000 for the Education and Human Resources (EHR) account as proposed by the 

House, instead of $747,000,000 as proposed by the Senate. The conferees agree to the following distribution of funds under this account for fiscal year 2006: 

[Dollars in thousands] 

Conference agreement 

Math and Science Partnerships ..................................................................... $64,000 

EPSCoR ............................................................................................................ 100,000 

Elementary, Secondary & Informal Education ............................................. 172,500 

Undergraduate Education ............................................................................... 146,000 

Graduate Education ........................................................................................ 155,000 

Human Resource Development ...................................................................... 120,000 

Research, Evaluation and Communication ................................................... 49,500 

Total, EHR ................................................................................................ 807,000 

Within the amount provided for Human Resource Development, the conferees agree that $25,800,000 shall be for the Louis 

Stokes Alliance for Minority Participation program and 

184 

$35,800,000 shall be for the Historically Black Colleges and Universities Undergraduate Program. In addition, the amount provided for Human Resource Development continues funding for the 

Tribal Colleges and Universities program, and the HBCU-Research 

University Science and Technology initiative within the Center of 

Research Excellence in Science and Technology program. 

NSF plays a significant role in attracting more of the best and 

brightest students in the Nation into the science, mathematics, engineering, and technology fields. The conferees urge NSF to work 

towards increasing the number of women, minorities, and other 

underrepresented groups to the greatest extent possible. 

Within the amount provided for Undergraduate Education, the 

conference agreement continues funding for the Robert Noyce 

Scholarship program and the Advanced Technological Education 

program. 

The conference agreement includes, by reference, language in 

the Senate report regarding the Math and Science Partnership 

(MSP) program. 

Within the funding provided under this account, the conferees 

direct the NSF to initiate a demonstration program to provide seed 

money for new projects with the goal of increasing the pool of individuals pursuing science, technology, engineering and mathematics 

careers through programs that catalyze and maintain interest of 

K–8 students in math and science. The projects must stimulate interest and provide exciting but challenging educational experiences 

in math and science that are continuous and seamless from initial 

contact and throughout high school. The conferees agree that the 

NSF shall conduct a merit-based peer review process to select 

projects for funding, and that each project shall involve sustainable 

coalitions of industry/business, colleges of education, and educational agencies. 

SALARIES AND EXPENSES

The conference agreement includes $250,000,000 for the Salaries and Expenses account as proposed by the House, instead of 

$229,896,000 as proposed by the Senate. The conference agreement 

includes full requested funding for 23 new positions, and includes, 

by reference, guidance in the House report regarding priority areas 

for the allocation of additional personnel. The conferees agree that 

at least three positions shall be allocated to the Office of the Deputy Director of Large Facility Projects to improve oversight of large 

research facility projects. 

OFFICE OF THE NATIONAL SCIENCE BOARD

The conference agreement includes $4,000,000 for the Office of 

the National Science Board, as proposed by the House and Senate. 

The conference agreement includes, by reference, language in the 

House report regarding the establishment of a Board commission 

on science education. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $11,500,000 for the Office 

of Inspector General as proposed by the House and Senate. 

185 

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

In total, the conference agreement includes $9,685,574,000 for 

the Department of State and the Broadcasting Board of Governors. 

Of the total amount provided, $9,553,874,000 is derived from general purpose discretionary funds and $131,700,000 is scored as 

mandatory spending. The conference agreement includes 

$1,599,723,000 to continue worldwide security activities, including 

the design and construction of replacement facilities for the most 

vulnerable overseas posts. 

For purposes of this title and relevant related agencies in title 

V of this Act, the language set forth in House Report 109–118 and 

Senate Report 109–96 should be complied with unless specifically 

addressed in the accompanying bill and statement of the managers 

to the contrary. The statement of the managers, while repeating 

some report language for emphasis or clarification, does not intend 

to negate the language in either the House or Senate reports unless expressly addressed herein. 

DEPARTMENT OF STATE 

The conference agreement includes a total of $9,033,231,000 

for the Department of State. Of the total amount provided, 

$8,901,531,000 is derived from general purpose discretionary funds 

and $131,700,000 is scored as mandatory spending. 

The conference agreement includes a total of $6,517,365,000 

for the discretionary appropriation accounts under Administration 

of Foreign Affairs; $2,201,712,000 for International Organizations; 

$67,339,000 for International Commissions; and $115,115,000 for 

other activities. The conferees’ priorities for the Department of 

State are described in the following paragraphs. 

The conferees agree with the direction of the Senate with respect to submission of a report on proposals to improve budget justification materials submitted with the fiscal year 2007 budget request. The Department of State should submit proposals to both 

the House and Senate Committees on Appropriations no later than 

December 15, 2005. 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes $4,369,542,000 for the Diplomatic and Consular Programs account, instead of $4,436,641,000 

as proposed by the House and $4,444,641,000 as proposed by the 

Senate. The conference agreement includes $689,523,000 to continue funding for worldwide security upgrades, and $334,000,000 

for public diplomacy programs. The conference agreement includes 

$930,610,000 for the border security program, including 

$74,213,000 in appropriated funds, $672,097,000 in Machine Readable Visa (MRV) fees, and $184,300,000 in Enhance Border Security Program fees and Visa Fraud fees. 

The conference agreement adopts, by reference, language as 

proposed in the House report regarding: the detail of a diplomatic 

186 

security agent to the FBI’s National Gang Intelligence Center; follow-on efforts related to an external review of public diplomacy programs; the American Corners program; the microscholarships program; diplomatic efforts to support the expansion of audiences for 

U.S. international broadcasting; international book programs; reporting on MRV fee collections; the diversity visa program; fingerprint technology standards; minority recruitment and hiring; overseas American schools; security of classified material; an export 

control process plan; war crimes in West Africa; right-sizing the 

U.S. overseas presence; presence in China; intellectual property 

rights enforcement; and intercountry adoption. The conference 

agreement also includes, by reference, language in the House and 

Senate reports regarding the Office of the Special Coordinator for 

Tibetan Issues. 

The conferees expect that within the planned personnel complement for Baghdad, Iraq, that one Senior Foreign Service Officer 

who reports directly to the Ambassador will be assigned as the lead 

human rights official in Baghdad. This officer should be tasked 

with encouraging incorporation of human rights principles during 

Iraq’s constitutional and legal reconstruction, and especially to secure for all individuals strong human rights provisions, including 

freedom of thought, conscience, religion or belief, and due process 

of law, through the Iraqi legal system and the implementation of 

the Iraqi constitution. 

The conference agreement includes a program increase of $150,000 and two additional positions for the Office to Monitor and 

Combat Trafficking in Persons. The conferees support the efforts of 

the Office to further strengthen the annual reporting process and 

those of the Department-led Senior Policy Operating Group to coordinate interagency activities to implement the Trafficking Victims Prevention Act of 2000. 

The conferees urge the Department of State to ensure that no 

later than 30 days after the date of issuance by the U.S. mission 

in a foreign country, the Trafficking in Persons Report and the 

International Religious Freedom Report be translated into the official language of that country. The translated report should be posted on the Web site of the U.S. Embassy in that country. The conferees strongly believe that translation of the reports is critical to 

accomplishing the purpose of the U.S. Congress in requiring these 

reports. 

The conferees direct that not later than February 15, 2006, the 

Secretary of State shall submit to the Committees on Appropriations a report setting forth the number of personnel of the Department of State performing legislative liaison or legislative affairs 

functions as of January 1, 2006. The report shall include the following: the number of personnel of the Department of State assigned to full-time legislative liaison or affairs functions, shown by 

organizational entity, and the number of personnel of the Department of State either in a part time or support function. The report 

shall include a description of each position, including those unfilled 

as of January 1, and a summary comparing the total cost to the 

Department for all legislative affairs functions for fiscal year 2006 

and the justification of funds contained in the fiscal year 2007 

budget request. 

187 

The conferees continue to follow the development of the 

ePassport and are aware that the Department of State is working 

to select a microchip technology that will be embedded in next-generation passports. The conferees direct the Department to submit 

a report no later than 30 days after the enactment of this Act to 

the Committees on Appropriations describing the selection criteria 

for production of these chips and how it will provide for domestic 

integration and personalization of ePassports in a secure facility. 

The conference agreement includes $3,000,000 for the Ambassador’s Fund for Cultural Preservation for grants to preserve objects, sites, and forms of cultural expression, as proposed by the 

Senate. 

The conference agreement includes $1,000,000 for the Cultural 

Antiquities Task Force, as proposed by the Senate. The Task Force 

is directed to continue initiatives begun in prior years to protect 

and preserve archeological collections and sites. 

The conference agreement includes $2,000,000 for a contribution to the endowment of the Scholar Rescue Fund. The conferees 

understand this contribution will be exceeded by private donations 

to assist scholars to leave their home countries if their personal 

safety or academic freedom is threatened. Any interest income 

earned on the contribution may be retained by the Fund endowment. 

CAPITAL INVESTMENT FUND

The conference agreement includes $58,895,000 for the Capital 

Investment Fund, as proposed by the Senate, instead of 

$69,121,000 as proposed by the House. The conference agreement 

includes two separate accounts for the Department of State’s information technology (IT) programs. As in fiscal year 2005, the Capital Investment Fund will continue to provide funding only for new 

investments in IT, and the Centralized IT Modernization Program 

account will provide funding for the maintenance of the Department’s IT infrastructure, including hardware and software refreshment and upgrades. The conferees expect that an additional 

amount estimated at $116,000,000 in expedited passport fee collections will be used for technology investments in fiscal year 2006. 

The conference agreement includes $7,740,000 for public key 

infrastructure requirements as described in the House report, and 

adopts, by reference, language included in the House report regarding the State Messaging and Archive Retrieval Toolset program, 

and language in the Senate report on payroll consolidation. 

CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

The conference agreement includes $69,368,000 for the Centralized IT Modernization Program account, instead of $74,105,000 

as proposed by the Senate. The House did not provide funding 

under this heading. 

The conferees remind the Department of State of the requirement to annually update the automation replacement and modernization plan report that was initiated in fiscal year 2005. 

188 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $30,029,000 for the Office of Inspector General (OIG), instead of $29,983,000 as proposed by 

the House and $33,000,000 as proposed by the Senate. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement includes a total of $431,790,000 under this heading, instead of $410,400,000 as proposed by the 

House and $440,200,000 as proposed by the Senate. The following 

chart displays the conference agreement on the distribution of 

funds by program or activity under this account: 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

[Budget authority in thousands of dollars] 

Conference agreement 

Academic Programs: Fulbright ................................................................................................... $185,136 

Regional Graduate Fellowships ............................................................... 25,342 

Educational Advising and Student Services .......................................... 5,000 

English Language Programs ................................................................... 14,556 

American Overseas Research Centers .................................................... 3,316 

South Pacific Exchanges .......................................................................... 500 

Timor Leste Exchanges ............................................................................ 750 

Mobility Exchange Clearinghouse ........................................................... 500 

Benjamin Gilman International Scholarship Program ......................... 3,712 

George Mitchell Fellowship Program ..................................................... 500 

Tibet Fulbright Exchanges ...................................................................... 500 

Hemispheric Program .............................................................................. 500 

Abraham Lincoln Study Abroad Fellowship .......................................... 400 

Subtotal, Academic Programs .............................................................. 240,712 

Professional and Cultural Programs: 

International Visitor Program ................................................................. 68,000 

Citizen Exchange Programs .................................................................... 57,950 

Congress Bundestag Youth Exchange .................................................... 3,256 

Mike Mansfield Fellowship Program ...................................................... 1,877 

Irish Institute ........................................................................................... 800 

Leadership program for emerging democracies ..................................... 1,000 

Atlantic Corridor ...................................................................................... 250 

Ngwang Choephel Fellows (Tibet) .......................................................... 600 

Youth Science Leadership Institute of the Americas ............................ 150 

Africa Workforce Development ................................................................ 400 

Institute for Representative Government .............................................. 500 

SIFE .......................................................................................................... 250 

Rule of Law Forum ................................................................................... 850 

Northern Forum ....................................................................................... 400 

Arctic Council ........................................................................................... 175 

Permafrost Conference ............................................................................. 500 

Kosovo Foundation for Medical Development ........................................ 850 

Global Perspectives Project ..................................................................... 750 

Project Children ........................................................................................ 200 

International Leadership Training Program ......................................... 70 

World Scholar and Athlete Games .......................................................... 500 

International Forum on Democracy ........................................................ 900 

Pakistan Literacy Training Program ...................................................... 250 

Empower Peace ......................................................................................... 500 

William Joiner Fellowship in War & Social Consequences .................. 500 

Law program for leaders from transitional democracies ...................... 700 

Karelia Sustainable Development Exchange ......................................... 350 

International Leadership Program with sub-Saharan Africa ............... 150 

Leaders in Education Initiative .............................................................. 2,000 

Tolerance Foreign Exchange Program .................................................... 150 

University Consortium ............................................................................. 1,000 

189 

Conference agreement 

Concordia Arabic Language Exchange ................................................... 250 

Subtotal, Professional and Cultural Exchanges ................................. 146,078 

Exchanges Support .......................................................................................... 45,000 

Total ................................................................................................... 431,790 

Deviations from this distribution of funds will be subject to the 

normal reprogramming procedures under section 605 of this Act. 

The conference agreement includes, by reference, language in 

the House report regarding Fulbright exchanges with Tibet, Traditional Public/Private Partnership grants, artistic and cultural exchanges, and religious freedom exchanges. The conference agreement also includes, by reference, language in the Senate report requiring an assessment of exchange capacity between and among 

developing countries and the United States, and on the TimorLeste Scholarship Program. 

The conference agreement does not include language, proposed by the Senate, providing $13,500,000 for educational and cultural 

exchanges with the People’s Republic of China. The conferees direct that not less than $10,000,000 be provided for such activities, including for an American studies program. The conferees request 

the Department of State to consult with the Committees on Appropriations on the use of these funds. The conference agreement does not include $5,000,000 under 

this heading for the Center for Asian Democracy. Instead, the conference agreement includes section 406 designating $5,000,000 for 

such purpose from the Diplomatic and Consular Programs account. 

The conferees support the Special Olympics and recommend 

that the Department of State continue to fund this program. 

Within amounts specified in the chart, the conference agree- ment includes $15,500,000 for Future Leaders Exchange Program, 

$2,200,000 for Teaching Excellence Awards, and last year’s funding 

level for Muskie Graduate Fellowships, including the Muskie Ph.D. 

program, and for Junior Faculty Development Program exchanges, 

including Southeast Europe. Within the amount for educational advising, $1,600,000 is for Eurasia. Within Regional Fellowships, 

$2,000,000 is for the Cooperative Fellowships Program for Eastern 

Europe and Eurasia. The conference agreement includes $1,000,000 for an undergraduate international exchange program involving a consortium of 

the Virginia Military Institute, Christopher Newport University, 

the College of William and Mary, Shenandoah University, and 

James Madison University. 

The conference agreement includes, by reference, language in 

the Senate report regarding proposals from Morehouse College and 

other universities to expand exchange programs, particularly for 

minority students. 

REPRESENTATION ALLOWANCES

The conference agreement includes $8,281,000 for representation allowances as proposed by the House and Senate. The conference agreement includes, by reference, language in the House 

report regarding the submission of a quarterly report on expenditures under this account. 

190 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The conference agreement includes $9,390,000 under this 

heading as proposed by the House and the Senate, and makes the 

funding available for two fiscal years as proposed by the House. 

The conference agreement includes, by reference, language in the 

House report regarding the Department of State’s treatment of reimbursement requests and the submission of a report on budgeting 

for protection expenses in light of heightened security measures. 

The conferees believe that local jurisdictions incurring such costs 

must submit a certified billing for such costs in accordance with 

program regulations. The conferees expect the Department to treat 

such submissions diligently and provide reimbursement for valid 

claims to local jurisdictions on a timely basis. The conferees recognize that, in those instances where a local jurisdiction will realize 

a financial benefit from a visit by a foreign dignitary through increased tax revenues, such circumstances should be taken into account by the Department in assessing the need for reimbursement 

under this program. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement includes a total appropriation of 

$1,509,000,000 for Embassy Security, Construction, and Maintenance, instead of $1,513,710,000 as proposed by the House and 

$1,499,000,000 as proposed by the Senate. The conference agreement designates $910,200,000 as available only for priority worldwide security upgrades, acquisition, and construction, the full 

amount requested for such activities. 

The conference agreement includes $910,320,000 for worldwide 

security upgrades, including $810,320,000 to continue the capital 

security program for constructing new secure replacement facilities 

for the Department’s most vulnerable embassies and consulates. 

Within the funds made available under this category, the conferees 

expect the Department to undertake new office building projects 

from among the highest priority facilities listed in the Long Range 

Overseas Buildings Plan. Projects funded under this account must 

follow a rigorous rightsizing methodology. 

The conference agreement includes, by reference, language in 

the House report regarding the submission of a spending plan, 

compound security, right-sizing, Capital Security Cost Sharing, and 

assets management. 

The conferees direct the Department of State to consult with 

the Committees on Appropriations prior to initiating any embassy 

construction projects in Thailand, including the sale of any properties or assets (specifically the Rajadamri compound). The conferees request the Department to report to the Committees on Appropriations not later than 90 days after enactment of this Act on 

options to utilize the Rajadamri compound. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $10,000,000 under this 

heading as proposed by the House, instead of $13,643,000 as proVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00190 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
191 

posed by the Senate. The conference agreement anticipates that 

significant carryover balances will be available for obligation in fiscal year 2006. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $712,000 for the subsidy cost of repatriation loans and $607,000 for administrative costs of 

the program as proposed by the House and Senate. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The conference agreement includes $19,751,000 under this 

heading as proposed by the House and Senate. The conference 

agreement includes, by reference, language in the House report regarding the submission of a spending plan, except that such plan 

shall be submitted by February 3, 2006. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The conference agreement includes $131,700,000 under this 

heading, as proposed by the House and the Senate. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement includes $1,166,212,000 under this 

heading as proposed by the Senate, instead of $1,144,264,400 as 

proposed by the House. 

The conference agreement includes, by reference, language in 

the House report regarding reassessment of U.S. membership in 

certain international organizations, assessment rate equity, reform 

and budget discipline, the UN Regular Budget, and American employment levels in the UN System. 

The House and Senate bills did not include language that was 

included in the budget request authorizing the United States Government to use funds for the payment of interest costs to the 

United Nations for a loan for the renovation of its headquarters. 

The conferees are concerned with the estimated costs of the renovation, and are aware that the U.N. Under Secretary General for 

Management is currently reviewing the estimated cost of the renovation. The conferees direct the Department of State to provide 

the Committees on Appropriations a report of the results of these 

findings. The conference agreement includes section 412 expressing 

the sense of the Congress that the loan amount for the headquarters renovation should not exceed $600,000,000. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement includes $1,035,500,000 for Contributions for International Peacekeeping Activities as proposed by 

the House and Senate. 

The conference agreement includes, by reference, language in 

the House report regarding sexual exploitation and abuse in UN 

peacekeeping missions; UN peacekeeping in Western Sahara; UN 

192 

peacekeeping reform; benchmarks for mission performance and termination; and the Office of Internal Oversight Services. The allocation of funds under this account to specific missions shall be subject to the reprogramming requirements in section 605 of this Act. 

The conference agreement includes section 409, which limits 

payments for UN peacekeeping to $1,035,500,000 from funds made 

available by this Act. The conferees expect the Department of State 

to evaluate and prioritize United States participation in, and support for, UN peacekeeping missions. In a climate of limited resources the conferees continue to insist that the Department live 

within appropriated amounts, prioritize as necessary according to 

policy goals, take steps as necessary to conclude or withdraw support from lower priority missions, and refrain from entering into 

new commitments without identifying offsetting savings or requesting supplemental appropriations. 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The conference agreement includes a total of $33,300,000 for 

the International Boundary and Water Commission, United States 

and Mexico (IBWC). The total amount provided includes 

$28,000,000 for Salaries and Expenses and $5,300,000 for Construction. The conference agreement includes language authorizing 

not to exceed $6,000 for representation expenses. 

SALARIES AND EXPENSES

The conference agreement for the Salaries and Expenses account includes $28,000,000, instead of $27,000,000 as proposed by 

the House and $28,700,000 as proposed by the Senate. The conference agreement includes, by reference, language in the House 

report regarding the use of surplus operations and maintenance 

funding through reprogramming. 

CONSTRUCTION

The conference agreement includes $5,300,000 under this 

heading, as proposed by both the House and the Senate. 

The conference agreement includes $1,200,000 for Boundarywide Construction; $3,700,000 for the Water Quantity Program; 

and $400,000 for the Water Quality Program. 

Within the amount for the Water Quantity Program, the conferees recommend that the Commission increase funding for the 

Lower Rio Grande Flood Control Project above the $2,200,000 contained in the budget request. Studies by the U.S. Section of the 

IBWC conclude that Rio Grande Valley levees are deficient in 

height, geologically flawed, and structurally unsound. The conferees expect the Administration, in the upcoming budget cycle, to 

request sufficient funds to address these needs. Also, the conferees 

direct that $250,000 be made available for the Rio Grande Canalization project. 

The conferees encourage the IBWC to attempt, if possible, to 

achieve greater secondary treatment of Mexican sewage within curVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00192 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
193 

rent funding levels under this account, including carryover balances. 

Any obligation of carryover balances available under this heading, including any new project starts, shall be subject to the reprogramming process described in section 605 of this Act. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement includes $10,039,000 under this 

heading, instead of $9,500,000 as proposed by the House and 

$10,400,000 as proposed by the Senate. This amount includes 

$1,429,000 for the International Boundary Commission; $2,110,000 

for the Border Environment Cooperation Commission; and 

$6,500,000 for the International Joint Commission including 

$300,000 for the Lake Champlain Basin Program. 

INTERNATIONAL FISHERIES COMMISSIONS

The conference agreement includes $24,000,000 under this 

heading, instead of $22,000,000 as proposed by the House and 

$25,623,000 as proposed by the Senate. The conferees direct that 

the following amounts be provided: $2,072,000 for the Inter-American Tropical Tuna Commission; $3,029,000 for the Pacific Salmon 

Commission; $300,000 for the Western and Central Pacific Fisheries Commission; $3,079,000 for the International Pacific Halibut 

Commission; $85,000 for the North Pacific Marine Science Organization; and $14,937,000 for the Great Lakes Fisheries Commission. 

The conferees expect the Department of State to allocate the balance of funds in the conference agreement, and, through the regular reprogramming process, any additional funds that may become 

available, to priority commissions. 

The conference agreement includes $500,000 within the 

amount provided for the Great Lakes Fisheries Commission 

(GLFC) for eradication of lampreys in Lake Champlain, as proposed by the Senate. The GLFC is directed to give priority to 

States that have provided matching grants when distributing 

lampricide funds. 

The conferees expect the Department of State to take immediate action to evaluate and prioritize United States participation 

in, and funding for, international fisheries commissions. In a climate of limited resources the conferees continue to insist that the 

Department operate within appropriated amounts, prioritize as 

necessary among commissions according to policy goals, take steps 

as necessary to withdraw from lower priority commissions, and refrain from entering into new commitments. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

The conference agreement includes $14,000,000 under this 

heading, instead of $10,000,000 as proposed by the House and 

$15,000,000 as proposed by the Senate. The conference agreement 

includes, by reference, language in the House and Senate reports 

regarding certain Foundation programs. The conferees continue to 

strongly support the programs and activities of TAF. 

194 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

The conference agreement includes $5,000,000 under this 

heading to be deposited in the International Center for Middle 

Eastern-Western Dialogue Trust Fund (as authorized by 22 U.S.C. 

2078) for the perpetual operations of the Center in Istanbul, Turkey, instead of $7,000,000 as proposed by the Senate. The House 

did not propose funding in this account. The interest and earnings 

accruing to the Trust Fund, estimated at $1,000,000, shall be available for the steering committee, chaired by the Council of American 

Overseas Research Centers (CAORC), for the operations of the 

Center. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The conference agreement includes an appropriation of interest 

and earnings from the Eisenhower Exchange Fellowship Program 

Trust Fund, expected to total $500,000. The conference agreement 

includes, by reference, language in the House report regarding geographical priorities and the selection of fellows. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

The conference agreement includes an appropriation of interest 

and earnings of the Israeli Arab Scholarship Endowment Fund, expected to total $375,000. 

EAST-WEST CENTER

The conference agreement includes $19,240,000 for the EastWest Center, instead of $6,000,000 as proposed by the House and 

$20,000,000 as proposed by the Senate. The conferees direct that 

the Center spend no less than $3,874,000 on programs related to 

the People’s Republic of China, the same level as fiscal year 2005. 

The conferees strongly encourage the Center to focus on successful 

programs in the Pacific Rim and Southeast Asia, in lieu of starting 

new programs in South Asia. 

NATIONAL ENDOWMENT FOR DEMOCRACY

The conference agreement includes $75,000,000 for the National Endowment for Democracy (NED), instead of $50,000,000 as 

proposed by the House and $88,800,000 as proposed by the Senate. 

The conference agreement allocates funds to the following activities: 

NATIONAL ENDOWMENT FOR DEMOCRACY

[Budget authority in thousands of dollars] 

Conference agreement 

Region: 

Africa ......................................................................................................... $9,000 

Asia ............................................................................................................ 10,000 

Middle East/North Africa ......................................................................... 22,550 

Central and Eastern Europe ................................................................... 4,000 

Independent States of the Former Soviet Union ................................... 8,000 

Latin America/Caribbean ......................................................................... 7,700 

Multiregional ............................................................................................ 4,000 

Other: 

Democratic Activities ............................................................................... 1,500 

195 

Conference agreement 

Administration .......................................................................................... 8,250 

Total ....................................................................................................... 75,000 

The conference agreement adopts, by reference, language in 

the House report regarding the International Center for Democratic Transition, and language reaffirming NED’s duty to ensure 

that all sponsored activities adhere to core NED principles and requiring a report on NED activities in Venezuela. 

The conferees note the need for a systematic effort to evaluate 

the impact of democracy programs and the process by which strategic priorities are determined and funds are allocated to advance 

democracy and U.S. national interests. In light of the significant increase in NED resources, the conferees believe that a thorough program review will improve program results. In this regard, the conferees expect NED to submit a report to the Committees by March 

1, 2006 outlining the methodologies proposed to evaluate NED democracy-promotion programs, to measure results, and to guide future resource allocation decisions. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement includes $641,450,000 to carry out 

United States International Broadcasting Operations, instead of 

$620,000,000 as proposed by the House and $603,394,000 as proposed by the Senate. The conference agreement includes funding 

for Broadcasting to Cuba under this account, at the requested level, 

instead of in a separate account as proposed by the Senate. 

The conference agreement allocates funding under this account 

to the following activities: 

INTERNATIONAL BROADCASTING OPERATIONS

[Budget authority in thousands of dollars] 

Conference agreement 

International Broadcasting Bureau (IBB): 

VOA ........................................................................................................... $168,994 

Engineering and Technical Services ....................................................... 161,000 

Agency Direction ....................................................................................... 25,500 

Management ............................................................................................. 46,000 

Program Support ...................................................................................... 16,800 

Subtotal, IBB ......................................................................................... 418,294 

Independent Grantee Organizations: 

RFE/RL ...................................................................................................... 76,200 

(Farda) ................................................................................................ (4,500) 

(Afghan) ............................................................................................. (3,905) 

(Iraq) ................................................................................................... (1,858) 

(Moldova) ........................................................................................... (938) 

(Russian) ............................................................................................ (9,615) 

(Ukrainian) ........................................................................................ (2,260) 

(News/Current Affairs) ..................................................................... (4,069) 

RFA ............................................................................................................ 30,200 

196 

Conference agreement 

Middle East Broadcasting Networks ...................................................... 79,100 

Subtotal, Grantees ................................................................................ 185,500 

Broadcasting to Cuba ...................................................................................... 37,656 

Total ................................................................................................... 641,450 

The conference agreement adopts, by reference, House language regarding Arabic broadcasting, broadcasting to Africa, language service review, anti-jamming efforts, cooperation with the 

Department of Defense, Radio Free Asia broadcasting in Uyghur, 

Korean and Cantonese, and programming on religious freedom. The conferees recommend a total of $11,160,000 for the VOA 

Persian Service and a total of $4,500,000 for RFE/RL’s Radio 

Farda, increases similar to those recommended by the Senate. 

The conference agreement includes funding under Engineering 

and Technical Services and under VOA to support increased programming, and increased medium wave and FM transmission of 

U.S. International Broadcasting in Pashto to the Afghanistan-Pakistan border region. The conferees expect the Broadcasting Board of 

Governors (BBG) to report to the Committees 60 days after enactment of this Act on an implementation plan for this initiative. 

Within the amount for Engineering and Technical Services, the 

conferees expect that current efforts to enable satellite television 

broadcasting to China will be continued. 

The conferees are concerned that funds allocated for the establishment of radio transmitters for BBG programs overseas remain 

unexpended as a result of lengthy negotiations with host governments over permission to erect and operate transmitters. The conferees direct the Department of State, no later than 60 days after 

enactment of this Act, and every 90 days thereafter until September 30, 2006, to report to the Committees 

on Appropriations on the status of any ongoing negotiations with 

foreign governments for permission to install and operate BBG 

transmitters. The report should also include: the proposed locations 

of planned BBG transmitters; the history of negotiations with the 

host country (and developments in the interim between reports); 

the rank and position of the Department of State personnel conducting the negotiations; the rank and position of the host nation 

officials participating in the negotiations; the reasons cited by the 

host country for the lack of progress; and the anticipated date that 

the transmitters will be fully operational. 

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement includes $10,893,000 for broadcasting capital improvements, as proposed by the House and Senate. 

The conferees expect the Board to keep the Committees on Appropriations informed on the status of its efforts to acquire additional transmission capabilities in the Middle East, including 

Egypt. 

The conference agreement allocates funding under this account 

to the following activities: 

197 

BROADCASTING CAPITAL IMPROVEMENTS

[Budget authority in thousands of dollars] 

Conference agreement 

Maintenance, Improvements, Replace and Repair: Continuing Maintenance and Repair ...................................................... $4,902 

VOA TV ..................................................................................................... 769 

Security ..................................................................................................... 2,047 

Subtotal, MIRR: .................................................................................... 7,718 

Upgrade of Existing Facilities ................................................................. 2,375 

Satellite and Terrestrial Program Feeds ................................................ 800 

Total, BCI: ......................................................................................... 10,893 

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The conference agreement includes section 401, permitting the 

use of funds for allowances, differentials and transportation. 

The conference agreement includes section 402 dealing with 

transfer authority. 

The conference agreement includes section 403 prohibiting the 

use of funds by the Department of State or the Broadcasting Board 

of Governors to provide certain assistance to the Palestinian Broadcasting Corporation. 

The conference agreement includes section 404 on the responsibilities of the Senior Policy Operating Group on Trafficking in 

Persons. The conferees understand that the Operating Group has 

been actively meeting and performing its designated functions 

since enactment of Section 406 of division B of Public Law 108–7. 

The conferees agree that all anti-trafficking policies, grants and 

grant policies shall be covered by the provisions of Section 406 of 

division B of Public Law 108–7. The conference agreement also includes language clarifying that the Senior Policy Operating Group 

and its chairman are the coordinating body (and official) accountable for federal anti-trafficking policies, grants and grant policies. 

The language also makes clear that the coordinating responsibilities of the Operating Group are not intended to supercede the decision making authority of the constituent members of the Task 

Force to Monitor and Combat Trafficking in Persons, to whom Operating Group members continue to report. The Operating Group 

is, and was intended to serve as, the forum for interagency coordination of anti-trafficking policies, even as final decisions regarding 

any such policies are necessarily vested with the President and the 

senior officials who comprise the Task Force. The conferees agree 

that the Senior Operating Group and its chair have successfully 

performed the coordinating functions assigned to them. 

The conference agreement includes section 405 regarding the 

recording of place of birth on certain passport applications. 

The conference agreement includes section 406 designating 

funding for certain purposes in the Diplomatic and Consular Programs account. 

The conference agreement includes section 407 waiving certain 

authorization requirements. 

The conference agreement includes section 408 regarding tables included in the Statement of the Managers accompanying the 

Act, and describing certain notification requirements. 

198 

The conference agreement includes section 409 limiting the 

amount available under this title for payment to the United Nations for expenses of international peacekeeping. 

The conference agreement includes section 410 extending the 

authorization for the U.S. Advisory Commission on Public Diplomacy. The conferees direct the Department of State to submit to 

the Committees on Appropriations not later than 120 days after enactment of this Act a report that justifies continued funding for the 

United States Advisory Commission on Public Diplomacy and a detailed analysis of the accomplishments of the Commission, to include its impact on the formulation and conduct of United States 

foreign policy. 

The conference agreement includes section 411 prohibiting 

funds to pay contributions to the United Nations if the United Nations imposes any taxation on United States persons. The conferees 

remain concerned with proposals by international organizations to 

interfere with the sovereign right of jurisdictions to pursue low-tax 

policies and direct the Department of State to consider such behavior when reporting whether continued participation in that international organization serves the interests of the United States. 

The conference agreement includes section 412 expressing a 

sense of Congress regarding the renovation of the United Nations 

headquarters building. 

The conference agreement includes section 413 prohibiting the 

use of funds for any United Nations peacekeeping mission that involves U.S. Armed Forces under the command or operational control of a foreign national unless the President certifies that the involvement is in the national security interest. 

The conference agreement includes section 414 prohibiting the 

use of funds to expand the U.S. diplomatic presence in Vietnam beyond the level in effect July 11, 1995, unless the President makes 

a certification that several conditions have been met regarding 

Vietnam’s cooperation with the United States on POW/MIA issues. 

The conference agreement includes section 415 extending the 

prohibition on the use of funds to issue a visa to any alien involved 

in extrajudicial and political killings in Haiti, including exemption 

and reporting requirements. 

The conference agreement includes section 416 regarding Capital Security Cost Sharing. 

The conference agreement includes section 417 regarding ceilings and earmarks of funding. 

The conference agreement does not include language adopted 

by the House regarding administration of the State Department 

Rewards for Justice Program. Absent the capture or death of 

Osama Bin Laden and other top Al Qaeda terrorists, the conferees 

direct the Department to report to the Committees by March 31, 

2006, on ways to strengthen the administration and optimize the 

results of the State Department Rewards for Justice Program as it 

applies to the senior leadership of Al Qaeda, including the modifications included in the language adopted by the House. This report shall be prepared in consultation with the Department of Defense and the National Security Council. 

The conference agreement does not include some provisions included in the House bill that prohibit the use of funds in violation 

199 

of existing law. The House included such language regarding child 

abduction, torture, and HIV/AIDS policy. However, the conferees 

wish to highlight that none of the funds in this Act are available 

to be used in contravention of section 212(a) of the Immigration 

and Nationality Act, of laws and regulations to implement the 

United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, or of subsections 

(e) and (f) of section 301 of the United States Leadership Against 

HIV/AIDS, Tuberculosis, and Malaria Act of 2003. 

The conference agreement does not include a sense of the Senate provision concerning abusive child labor practices in the cocoa 

industry. The House did not address this matter. However, the conferees are concerned with forced child labor in cocoa plantations in 

West Africa and urge the cocoa industry, the Department of State 

and others to meet the recommendations contained in the Senate 

provision. 

The conference agreement does not include a House provision 

regarding the denial of visas to citizens of countries that deny or 

unreasonably delay accepting the return from the United States of 

citizens, subjects, nationals, and residents of that country. The Senate did not address this matter. The conferees urge the Department 

of State to exercise the authorities that already exist under Section 

243(d) of the Immigration and Nationality Act. 

The conference agreement does not include a Senate provision 

requiring a report on assistance to victims of crime in foreign countries. The House did not address this matter. The conferees encourage the Department of State to track the number of United States 

citizens who were victims of violent crime and to review current 

services to assist those citizens and determine if additional services 

are required. 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,172,000 for the Antitrust Modernization Commission, as proposed by the House. The 

Senate did not propose funding for this Commission. 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The conference agreement includes $499,000 for the Commission as proposed in the House and Senate bills. 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The conference agreement includes $9,048,000 for the salaries 

and expenses of the Commission on Civil Rights, instead of 

$9,096,000 as proposed by the House and $9,000,000 as proposed 

by the Senate. 

200 

The conferees are concerned about the financial mismanagement that has occurred at the Commission in previous years but 

are encouraged by the Commission’s recent efforts to embrace the 

Government Accountability Office’s (GAO) recommendations for improving agency operations. The conferees expect the Commission to 

submit, thirty (30) days after the end of each quarter, reports detailing: (1) expenditures by object classification; (2) all existing staff 

vacancies; and (3) any hiring that occurred during the preceding 

quarter. 

The conferees expect the Commission to submit a detailed 

budget justification concurrent with the President’s annual budget 

request, which is due on or before the first Monday in February 

pursuant to 31 U.S.C. 1105 (a). 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

The conference agreement includes $3,300,000 for the Commission on International Religious Freedom, instead of $3,200,000 as 

proposed by the House and $1,000,000 as proposed by the Senate. 

The conference agreement makes funds appropriated under this 

heading available until September 30, 2007. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The conference agreement includes $2,030,000 for the Commission on Security and Cooperation in Europe as proposed in the 

House and Senate bills. The conference agreement makes funds appropriated under this heading available until September 30, 2007. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The conference agreement includes $1,900,000 for the Congressional-Executive Commission on the People’s Republic of China as 

proposed in the House and Senate bills. The conference agreement 

makes funds appropriated under this heading available until September 30, 2007. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $331,228,000, as proposed 

by both the House and the Senate. The amount provided is the 

same as the budget request. 

The conference agreement adopts, by reference, language in 

the House report requiring a quarterly accounting of expenditures, 

including any changes resulting from repositioning activities. 

The conference agreement adopts, by reference, language in 

the Senate report regarding salaries and staffing, and an analysis 

of investigation and enforcement levels. The conferees direct the 

201 

EEOC to continue to work to resolve concerns regarding the pending repositioning plan. 

The conferees remind the EEOC of the reprogramming requirements of section 605 of this Act. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $289,771,000 for the salaries and expenses of the Federal Communications Commission, as 

proposed by the House instead of $297,370,000 as proposed by the 

Senate. Of the amounts provided, $288,771,000 is to be derived 

from offsetting fee collections, resulting in a net direct appropriation of $1,000,000. 

The conference agreement includes a limitation on expenditures to administer spectrum auctions, as proposed by the Senate. 

The conference agreement adopts, by reference, language in 

the House report regarding the FCC’s budget presentation, acceptance of travel payments, and the Universal Service Fund. The conference agreement adopts, by reference, language in the Senate report regarding broadcast television standards. 

The conferees understand that the FCC plans to convene a 

panel of experts from the public safety and communications industry to perform an independent review and make recommendations 

on ways to improve disaster preparedness, network robustness and 

reliability, and public safety operations. The conferees support this 

concept and encourage the FCC to work with its Federal partners 

at the Departments of Justice, Homeland Security, and Commerce 

to best address public safety needs, especially in the wake of a natural disaster or terrorist attack. The FCC should report to the 

Committees on Appropriations by March 1, 2006, on the work of 

this panel. 

In September of 2005, the FCC announced a planned reorganization. The conferees were surprised that this announcement was 

made prior to submission of a reprogramming notification to the 

Committees on Appropriations, as required by section 605 of this 

Act and previous Departments of Commerce, Justice, and State, 

the Judiciary and Related Agencies Appropriations Acts. The conferees remind the FCC that the Committees on Appropriations take 

very seriously the statutory requirement of advanced notification 

before any reorganization is implemented. The conferees direct the 

FCC to immediately submit its reorganization plan. 

The conferees note that in a hearing before the House Committee on Appropriations, the FCC stated that an incremental approach to renovating the Columbia, Maryland, laboratory was 

being considered. The conferees expect the FCC to provide a final 

recommendation on this project by January 30, 2006. 

The conferees are aware that the FCC has initiated a pilot program to modernize its radiation monitoring equipment. Specifically, 

the FCC is testing selective radiation meters (SRMs) with an evaluation of the pilot program expected in April, 2006. The conferees 

support this effort. If the FCC determines the pilot project is successful, the conferees encourage the FCC to include sufficient funding in future budget submissions to complete the modernization of 

202 

its monitoring systems. The conferees also agree to consider a reprogramming of fiscal year 2006 funds to accelerate the transition 

to the new technology if the FCC determines it is warranted. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $211,000,000 for the Federal Trade Commission (FTC), as proposed by both the House and 

the Senate. Of the amounts provided, $116,000,000 is derived from 

Hart-Scott-Rodino premerger filing fees, $23,000,000 is derived 

from Do-Not-Call fees, and $72,000,000 is derived from discretionary appropriations. The amount provided fully supports the 

budget request. 

The conference agreement incorporates, by reference, language 

in the Senate report regarding the exposure of children to violent 

entertainment, the Children’s Online Privacy Protection Act, and 

childhood obesity. 

In section 632 of this Act, the conferees provide $1,000,000 for 

the FTC to conduct an investigation into nationwide gas prices, as 

proposed by the Senate. 

The conferees strongly support the continued occupancy of the 

FTC in its current building, the FTC Building, located at 600 Pennsylvania Avenue, Northwest, in the District of Columbia. The conferees are concerned that moving the Commission out of its current 

location could raise rent costs and therefore unnecessarily increase 

must-pay bills. In addition, the FTC building, which was originally 

designed and built for the agency in 1938, is well-suited for the 

Commission’s essential functions. In particular, the three large ceremonial courtrooms continue to serve the needs of the Commission 

to meet and adjudicate competition and consumer protection cases. 

For these reasons, the conferees are troubled by a recent effort to 

relocate the Commission and expect the FTC to provide updates to 

the Committees on Appropriations on any further consideration of 

this matter. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The conference agreement includes $330,803,000 for the payment to the Legal Services Corporation, the same as proposed by 

the House, instead of $358,527,000 as proposed by the Senate. 

The conference agreement includes $312,375,000 for basic field 

programs, to be used for competitively awarded grants and contracts, $12,825,000 for management and administration, $1,255,000 

for client self-help and information technology, $2,539,000 for the 

Office of the Inspector General, and $1,809,000 for grants to offset 

losses due to census adjustments. 

The conferees incorporate, by reference, language in the House 

report regarding rent costs. 

203 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The conference agreement includes bill language to continue 

the terms and conditions included under this section in previous 

Appropriations Acts. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $2,920,000 for the Marine 

Mammal Commission, instead of $1,865,000 as proposed by the 

House and $2,000,000 as proposed by the Senate. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

The conference agreement includes $1,500,000 for the National 

Veterans Business Development Corporation, instead of $2,000,000 

as proposed by the Senate and $1,000,000 as proposed by the 

House (via transfer from Small Business Administration, Salaries 

and Expenses). 

The conferees note that fiscal year 2004 was the last year the 

Corporation was authorized to receive appropriated funds, but that 

start-up of the Corporation was delayed. The conferees encourage 

the Corporation to make its operations self-sustaining by fiscal 

year 2007. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $888,117,000 for the Securities and Exchange Commission (SEC), as proposed by the House 

and the Senate. The amount provided fully supports the budget request. The conference agreement includes $10,000 to fund a permanent secretariat for the International Organization of Securities 

Commissions, as proposed by the House instead of $13,000 as proposed by the Senate. 

The conference agreement incorporates, by reference, language 

in the Senate report requiring quarterly updates on the health of 

financial markets and supporting continued hiring. The conference 

agreement incorporates, by reference, language in the House report 

regarding protecting Americans from investing in companies with 

ties to terrorism and human rights violations. 

The conferees note that during fiscal year 2005, the SEC identified unbudgeted costs of approximately $48,000,000, resulting 

from misestimates and omissions of costs associated with the construction of its new facilities in Washington, DC, and improvements in its new leased facilities in New York, NY, and Boston, 

MA. The Government Accountability Office (GAO) submitted a report on this matter on October 20, 2005. The conferees urge the 

SEC to immediately implement the recommendations of the GAO 

report, namely: to establish accountability at both the staff and 

management levels to oversee the formulation of budgets; to create 

regular reporting and review procedures related to the three construction and lease improvement projects; to improve communicaVerDate Aug 31 2005 23:55 Nov 09, 2005 Jkt 024422 PO 00000 Frm 00203 Fmt 6601 Sfmt 6601 E:\HR\OC\HR272.XXX HR272
204 

tion and consultation with operating units; to evaluate options for 

budget and facilities management; and complete the hiring of new 

positions in the Office of Administrative Services and the Office of 

Financial Management. The conferees direct the SEC to submit a 

report to the Committees on Appropriations on the implementation 

of these GAO recommendations within 90 days of enactment of this 

Act. 

SMALL BUSINESS ADMINISTRATION

The conference agreement provides a total of $456,397,000 for 

the five appropriations accounts of the Small Business Administration (SBA). Detailed guidance for the five SBA appropriation accounts is contained in the following paragraphs. 

SALARIES AND EXPENSES

The conference agreement provides $313,029,000 for the sala- ries and expenses account of the SBA, instead of $304,588,000 as 

proposed by the House and $336,084,000 as proposed by the Senate. Of the amounts provided under this heading, $184,529,000 is 

for operating expenses of the SBA. In addition, a total of 

$134,807,000 from other SBA accounts may be transferred to and 

merged with the salaries and expenses account, resulting in a total 

availability for salaries and expenses of $319,336,000. The additional amount consists of $125,807,000 from the Business Loans 

Program account and $9,000,000 from the Disaster Loans Program 

account for the administrative expenses related to those accounts. 

The conferees understand that the Administration is phasing 

out the Low Documentation Processing (Low-Doc) program but that 

no jobs will be lost. Staff that previously worked in the Low-Doc 

program will now process other business loan applications. The 

conferees understand that small business borrowers will continue 

to have access to streamlined loan applications through the SBA 

Express program. The conferees expect the SBA to continue to help 

small businesses adapt to a paperless procurement environment 

and assist small businesses with regulatory compliance issues 

through the Small Business Compliance Alliance. The conferees expect SBA to continue to enhance opportunities for small businesses 

to partner with the manufacturing sector. The conferees continue 

to support the defense transition program. 

The conferees adopt, by reference, the House report language 

concerning information technology systems and language requiring 

a report on the Small Business Development Centers, Women’s 

Business Centers (WBC), and the Service Corps of Retired Executives (SCORE). The conferees adopt, by reference, House and Senate language regarding modifications to the HUBZone program. 

The SBA shall report to the Committees on Appropriations on proposed changes to the HUBZone program no later than 30 days 

after enactment of this Act. 

Non-Credit Programs.—The conferees expect that no less than 

the following amounts shall be dedicated to these non-credit programs of the SBA: 

Veterans Programs ................................................................................ $750,000 

7(j) Technical Assistance Programs ...................................................... 1,500,000 

Small Business Development Centers ................................................. 89,000,000 

205 

SCORE .................................................................................................... 5,000,000 

Women’s Business Centers ................................................................... 12,500,000 

Women’s Business Council .................................................................... 750,000 

Native American Outreach ................................................................... 1,000,000 

Drug-free Workplace Program .............................................................. 1,000,000 

Microloan Technical Assistance ............................................................ 13,000,000 

PRIME Technical Assistance ................................................................ 2,000,000 

HUBZones .............................................................................................. 2,000,000 

Total, non-credit programs ......................................................... 128,500,000 

In addition, the conferees expect that the Advocacy Research, 

National Ombudsman, United States Export Assistance Centers, 

8(a), and Office of Women’s Business Ownership programs receive 

no less than the fiscal year 2005 level of funding. The conferees 

adopt, by reference, the Senate language regarding the Small Disadvantaged Business Program. 

The conference agreement includes bill language allowing 

WBCs in sustainability status to continue to receive grants and 

designates 41 percent of the total WBC funding for centers in sustainability status. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $13,900,000 for the Office 

of Inspector General of the Small Business Administration, instead 

of $13,500,000 as proposed by the House and $14,500,000 as proposed by the Senate. The conferees recognize that because of the 

high number of recent Federal disaster declarations, the Office of 

Inspector General must conduct vigorous oversight of the disaster 

loan program to eliminate waste, fraud, and abuse in the disaster 

loan program. For this reason, the conference agreement includes 

language allowing an additional $1,500,000 to be transferred to 

this account from the Disaster Loans Program Account. 

SURETY BOND GUARANTEES REVOLVING FUND

The conference agreement provides $2,861,000 under this account, as proposed by the House, instead of $3,000,000 as proposed 

by the Senate. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $126,607,000, consisting of 

$1,300,000 for subsidies for direct business loans and $125,807,000 

for administrative expenses related to business loan programs. The 

amount provided for administrative expenses may be transferred to 

and merged with the appropriation for SBA Salaries and Expenses 

to cover the common overhead expenses associated with business 

loans. The conference agreement also includes a provision allowing 

$500,000 of prior year balances to be transferred to the Salaries 

and Expenses account. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes no new funding for the Disaster Loans Program Account, in accordance with the amendment 

206 

to the President’s Budget that was submitted to the Congress on 

July 15, 2005. 

The conference agreement includes bill language transferring 

$9,000,000 of prior year balances to the Salaries and Expenses account for indirect administrative expenses and $1,500,000 to the 

Office of Inspector General account for oversight of the disaster 

loan program. 

The conferees understand that the emergency appropriations 

provided in response to natural disasters at the end of fiscal year 

2004 greatly exceeded the actual need for loans to affected businesses and individuals. In fact, over $600,000,000 was carried forward into fiscal year 2006; therefore, the conferees expect that carryover balances shall be applied to meet the disaster loan program’s needs. For this reason, the conference agreement does not 

provide an additional appropriation for fiscal year 2006. The conferees request that the SBA continue to provide a monthly status 

report on disaster loan activity to the Committees on Appropriations. 

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

The conference agreement includes bill language allowing 

transfers between accounts. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The conference agreement provides $3,500,000 for the State 

Justice Institute (SJI), instead of $2,000,000 as proposed by the 

House and $5,000,000 as proposed by the Senate. 

The conferees expect that successful applicants for new and 

continuing SJI grants will provide a cash match of not less than 

50 percent of the total cost of the project. In addition, the conferees 

support SJI’s grant requirements and remind grantees that adherence to grant guidelines is required in order to receive further Federal funding. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $3,000,000 for the United 

States-China Economic and Security Review Commission, instead 

of $4,000,000 as proposed by the House and $2,800,000 as proposed 

by the Senate. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

The conference agreement includes $22,350,000 for the United 

States Institute of Peace, instead of $22,850,000 as proposed by the 

House and $21,850,000 as proposed by the Senate. The conference 

agreement makes funds appropriated under this heading available 

until September 30, 2007. 

207 

Within the amount provided, the conferees expect the Institute 

to continue high priority activities with regard to Sudan and Iraq, 

as well as follow-on activities related to the recommendations in 

the report of the Institute’s Task Force on the United Nations. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

The conference agreement includes $150,000 for the United 

States Senate-China Interparliamentary Group as proposed by the 

Senate. The House bill did not include funding for this activity. 

TITLE VI—GENERAL PROVISIONS 

The conference agreement includes the following General Provisions: 

Sec. 601.—The conference agreement includes section 601 regarding the use of appropriations for publicity and propaganda purposes. 

Sec. 602.—The conference agreement includes section 602 regarding the availability of appropriations for obligation beyond the 

current fiscal year. 

Sec. 603.—The conference agreement includes section 603 regarding the use of funds for consulting purposes. 

Sec. 604.—The conference agreement includes section 604 providing that should any provision of the Act be held to be invalid, 

the remainder of the Act would not be affected. 

Sec. 605.—The conference agreement includes section 605 regarding the policy by which funding available to the agencies funded under this Act may be reprogrammed for other purposes. 

Sec. 606.—The conference agreement includes section 606 prohibiting funds in the bill from being used to implement, administer, 

or enforce any guidelines of the Equal Employment Opportunity 

Commission (EEOC) similar to proposed guidelines covering harassment based on religion published by the EEOC in October 1993. 

Sec. 607.—The conference agreement includes section 607 regarding the purchase of American made products. 

Sec. 608.—The conference agreement includes section 608 that 

requires agencies to provide quarterly reports to the Committees on 

Appropriations regarding unobligated balances. 

Sec. 609.—The conference agreement includes section 609 requiring agencies and departments funded in this Act to absorb any 

necessary costs related to downsizing or consolidation within the 

amounts provided to the agency or department. 

Sec. 610.—The conference agreement includes section 610 regarding the sale or export of tobacco or tobacco products. 

Sec. 611.—The conference agreement includes section 611 that 

prohibits a user fee from being charged for background checks conducted pursuant to the Brady Handgun Control Act of 1993, and 

prohibits implementation of a background check system which does 

not require or result in destruction of certain information. 

Sec. 612.—The conference agreement includes section 612 regarding amounts available under the Crime Victims Fund. 

Sec. 613.—The conference agreement includes section 613 providing additional amounts for the Small Business Administration. 

208 

Sec. 614.—The conference agreement includes section 614 prohibiting the use of Department of Justice funds for programs that 

discriminate against, denigrate, or otherwise undermine the religious beliefs of students participating in such programs. 

Sec. 615.—The conference agreement includes section 615 regarding the Small Business Administration Disaster Loans Program. 

Sec. 616.—The conference agreement includes section 616 regarding transfers of funds. 

Sec. 617.—The conference agreement includes section 617 regarding the implementation of telecommuting programs. 

The conference agreement includes language requiring certain 

agencies funded in this Act to certify to the Committees on Appropriations that telecommuting opportunities have increased over the 

levels reported in fiscal year 2005. 

The Government Accountability Office (GAO) recently concluded a review of these agencies’ efforts on telework and found inconsistencies among them, both in identifying the telework-eligible 

population and in reporting. The conferees expect the agencies to 

work diligently to address both of these issues and to report on 

their progress in their quarterly reports. 

The conferees expect each of the agencies to do the following: 

Expand telework-eligible population; put in place telework agreements for all eligible employees; and actively promote telework opportunities. In order to eliminate any negative perceptions about 

staff who choose to telework, agencies should consider providing 

training to managers on the benefits of telework arrangements. 

The conferees are troubled that many of the agencies’ telework 

programs do not even have a standardized manner in which to report participation. The conferees expect each of these agencies to 

implement time and attendance systems that will allow more accurate reporting. 

Finally, the conferees expect the agencies’ quarterly reports to 

highlight the following: (1) the agency population eligible to 

telework, including a comparison to the previous fiscal year; (2) the 

actual participation rate of the eligible population, including permanent, ad hoc, and episodic arrangements; and (3) the expansion 

of the eligible population. 

Sec. 618.—The conference agreement includes section 618 regarding the negotiation or reevaluation of international agreements. 

Sec. 619.—The conference agreement includes section 619 regarding the implementation of telecommuting programs. 

Sec. 620.—The conference agreement includes section 620 regarding E-government initiatives. 

Sec. 621.—The conference agreement includes section 621 regarding firearms tracing studies. 

Sec. 622.—The conference agreement includes section 622 prohibiting the Federal Communications Commission to change rules 

governing the Universal Service Fund regarding single connection 

or primary line restrictions. 

Sec. 623.—The conference agreement includes section 623 regarding patents. 

209 

Sec. 624.—The conference agreement includes section 624 that 

prohibits the use of funds to support or justify the use of torture. 

Sec. 625.—The conference agreement includes section 625 regarding Capital Security Cost Sharing. 

Sec. 626.—The conference agreement includes section 626 prohibiting funds for certain separation payments. 

Sec. 627.—The conference agreement includes section 627 regarding a certain land sale. 

Sec. 628.—The conference agreement includes section 628 regarding the development of a national aeronautics policy. 

Sec. 629.—The conference agreement includes section 629 regarding the export of firearms. 

Sec. 630.—The conference agreement includes section 630 regarding the use of funds to process permits to import certain products. 

Sec. 631.—The conference agreement includes section 631 prohibiting funds to include certain language in new trade agreements. 

Sec. 632.—The conference agreement includes section 632 designating funding for a Federal Trade Commission investigation on 

gasoline prices. 

Sec. 633.—The conference agreement includes section 633 extending a certain exemption for the Universal Service Fund. 

Sec. 634.—The conference agreement includes section 634 limiting attendance at international conferences. 

Sec. 635.—The conference agreement includes section 635 regarding the responsibilities of the United States-China Economic 

and Security Review Commission. 

Sec. 636.—The conference agreement includes section 636 regarding certain balances. 

Sec. 637.—The conference agreement includes section 637 prohibiting funds for United States delegations to United Nations entities in certain circumstances. 

(RESCISSION)

Sec. 638.—The conference agreement includes section 638 regarding amounts provided in this Act. 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

The conference agreement includes a rescission of $2,500,000 

from unobligated balances in this account. 

210 

LEGAL ACTIVITIES

ASSETS FORFEITURE FUND

(RESCISSION)

The conference agreement includes a rescission of $102,000,000 

from unobligated balances in this account, instead of $62,000,000 

as proposed by the House and $82,000,000 as proposed by the Senate. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $25,000,000 

from unobligated balances in this account, instead of $103,502,000 

as proposed by the Senate. 

OFFICE OF JUSTICE PROGRAMS

(RESCISSION)

The conference agreement includes a rescission of $110,500,000 

from unobligated balances available to the Office of Justice Programs from prior year appropriations. The conferees direct the Department not to rescind funding from the State Criminal Alien Assistance Program, Prison Rape Prevention and Prosecution Programs, gang prevention programs, or from the Victims of Trafficking program. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

The conference agreement includes a rescission of $86,500,000 

from the unobligated balances available in this account, as proposed by the House. 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(RESCISSION)

The conference agreement includes a rescission of $25,000,000 

from the unobligated balances available under this heading. 

RELATED AGENCIES 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $25,300,000 

from the unobligated balances available in this account. 

211 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $12,000,000 

from the unobligated balances available in this account. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $920,000 

from the unobligated balances available in this account. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $3,000,000 

from the unobligated balances available in this account. 

BUSINESS LOANS PROGRAM ACCOUNT

(RESCISSION)

The conference agreement includes a rescission of $4,000,000 

from the unobligated balances available in this account. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2006 recommended by the Committee of Conference, with comparisons to the fiscal year 2005 amount, the 2006 budget estimates, 

and the House and Senate bills for 2006 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2005 ........................ $62,939,025 

Budget estimates of new (obligational) authority, fiscal year 2006 64,158,909 

House bill, fiscal year 2006 ................................................................... 61,293,285 

Senate bill, fiscal year 2006 .................................................................. 63,209,272 

Conference agreement, fiscal year 2006 .............................................. 61,797,098 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2005 ................ ¥1,141,927 

Budget estimates of new (obligational) authority, fiscal year 

2006 .............................................................................................. ¥2,361,811 

House bill, fiscal year 2006 ............................................................ +503,813 

Senate bill, fiscal year 2006 ........................................................... ¥1,412,174 

FRANK R. WOLF, CHARLES H. TAYLOR, MARK STEVEN KIRK, DAVE WELDON, VIRGIL GOODE, Jr., 

RAY LAHOOD, 

JOHN ABNEY CULBERSON, 

RODNEY ALEXANDER, 

JERRY LEWIS, 

212 

ALAN B. MOLLOHAN, JOSE ́ E. SERRANO, BUD CRAMER, PATRICK J. KENNEDY, CHAKA FATTAH, Managers on the Part of the House. 

RICHARD C. SHELBY, 

JUDD GREGG, 

TED STEVENS, 

PETE V. DOMENICI, 

MITCH MCCONNELL, 

KAY BAILEY HUTCHISON, 

SAM BROWNBACK, 

KIT BOND, 

THAD COCHRAN, 

BARBARA MIKULSKI, 

DANIEL K. INOUYE, 

PATRICK LEAHY, 

HERB KOHL, 

PATTY MURRAY, 

TOM HARKIN, 

BYRON L. DORGAN, 

ROBERT C. BYRD, 

Managers on the Part of the Senate. 

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