H. R. 1268—49
WATERSHED PROJECTS IN WEST VIRGINIA
SEC. 5103. Of the amount provided to the Secretary of Agri-
culture under the Consolidated Appropriations Act, 2005 (Public
Law 108–447) for the Lost River Watershed project, West Virginia,
$4,000,000 may be transferred to the Upper Tygart Watershed
project, West Virginia, to be used under the same terms and condi-
tions under which funds for that project were appropriated in
section 735 of the Consolidated Appropriations Act, 2004 (Public
Law 108–199; 118 Stat. 36).
FARM SERVICE AGENCY
SEC. 5104. The funds made available in section 786 of title
VII of the Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 2005 as contained
in division A of the Consolidated Appropriations Act, 2005 (Public
Law 108–447) may be applied to accounts of Alaska dairy farmers
owed to the Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF THE INTERIOR
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Departmental Management’’,
$3,000,000 to support deployment of business systems to the
bureaus and offices of the Department of the Interior, including
the Financial and Business Management System: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $24,390,000, to remain available until expended,
to repair damages to national forest facilities and lands caused
by severe storms in southern California: Provided, That such funds
shall be available to perform repair activities including, but not
limited to, restoration of roads, trails and facilities; removal of
landslides; drainage protection; waste removal; and stream sta-
bilization: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
H. R. 1268—50
CHAPTER 3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING RESCISSIONS OF FUNDS)
For an additional amount for the ‘‘Public Health and Social
Services Emergency Fund’’ in title II of Public Law 108–447,
$10,000,000, to remain available until expended, for an infrastruc-
ture grant to improve the supply of domestically produced vaccine:
Provided, That the entire amount is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress): Provided further,
That under the heading ‘‘Health Resources and Services Administra-
tion, Health Resources and Services’’, the unobligated balance for
the Health Professions Teaching Facilities Program authorized in
sections 726 and 805 of the Public Health Service Act; the unobli-
gated balance of the Health Teaching Construction Interest Subsidy
Program authorized in section 726 and title XVI of the Public
Health Service Act; and the unobligated balance of the AIDS Facili-
ties Renovation and Support Program authorized in title XVI of
the Public Health Service Act are all hereby rescinded: Provided
further, That under the heading ‘‘Office of the Secretary, Office
of the Inspector General’’, the unobligated balance of the Medicaid
Fraud Control Program authorized in section 1903 of the Social
Security Act and appropriated to the Office of the Inspector General
in the Department of Health and Human Services is hereby
rescinded: Provided further, That under the heading ‘‘Assistant
Secretary for Health Scientific Activities Overseas (Special Foreign
Currency Program)’’ the unobligated balance of the Scientific Activi-
ties Overseas (Special Foreign Currency Program) account within
the Department of Health and Human Services is hereby rescinded.
For an additional amount for the ‘‘Public Health and Social
Services Emergency Fund’’ in title II of Public Law 108–447,
$58,000,000, to remain available until expended, to be transferred
to the Centers for Disease Control and Prevention for the purchase
of influenza countermeasures for the Strategic National Stockpile:
Provided, That $58,000,000 appropriated by section 1897(g) of the
Social Security Act, as added by section 1016 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108–173) is rescinded.
CHAPTER 4
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING PROGRAMS
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING RESCISSION OF FUNDS)
Of the amount made available under this heading in Public
Law 108–447, $238,080,000 are rescinded.
H. R. 1268—51
For an additional amount for ‘‘Housing for Persons with Disabil-
ities’’, $238,080,000, to remain available until September 30, 2006:
Provided, That these funds shall be available under the same terms
and conditions as authorized for funds under this heading in Public
Law 108–447.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Office of Federal Housing
Enterprise Oversight’’ for carrying out the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992, $5,000,000
to remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund but not any funds collected
under section 1316(c) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4516(c)): Provided,
That notwithstanding section 1316(d) of the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992, any funds
collected under section 1316(c) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 shall not be credited
for fiscal year 2006 as surplus under section 1316(d) of such Act
or as part of any assessment to be collected for fiscal year 2006
under section 1316(a) of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections
to the Fund: Provided further, That the general fund amount shall
be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated
at not more than $0.
TITLE VI—GENERAL PROVISIONS AND TECHNICAL
CORRECTIONS
AVAILABILITY OF FUNDS
SEC. 6001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
REFERENCES TO EMERGENCY REQUIREMENTS
SEC. 6002. Any reference in this Act to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress)
shall be treated as a reference to the emergency legislation section
of H. Con. Res. 95 (109th Congress), if H. Con. Res. 95 (109th
Congress) is adopted prior to the enactment of this Act.
RURAL BUSINESS-COOPERATIVE SERVICE
SEC. 6003. None of the funds made available by this or any
other Act may be used to deny the provision of assistance under
section 310B(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a)(1)) solely due to the failure of the Secretary
of Labor to respond to a request to certify assistance within the
time period specified in section 310B(d)(4) of that Act.
H. R. 1268—52
MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED OPERATIONS AND
MAINTENANCE
SEC. 6004. The last proviso under the heading ‘‘Operation and
Maintenance’’ in title I of division C of Public Law 108–447 is
amended by striking ‘‘Public Law 108–357’’ and inserting ‘‘Public
Law 108–137’’.
ENVIRONMENTAL INFRASTRUCTURE
SEC. 6005. Section 101 of title I of division C of Public Law
108–447 is amended by striking ‘‘per project’’ and all that follows
through the period at the end and inserting ‘‘for all applicable
programs and projects not to exceed $80,000,000 in each fiscal
year.’’.
DE SOTO COUNTY, MISSISSIPPI
SEC. 6006. Section 219(f)(30) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334)
is amended by striking ‘‘$20,000,000’’ and inserting ‘‘$55,000,000’’
in lieu thereof, and by striking ‘‘treatment’’ and inserting ‘‘infra-
structure’’ in lieu thereof: Provided, That the Secretary is authorized
and directed to reimburse the non-Federal local sponsor of the
project described in section 219(f)(30) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113
Stat. 334) for costs incurred between May 13, 2002, and September
30, 2005, in excess of the required non-Federal share if the Secretary
determines that such costs were incurred for work that is compatible
with and integral to the project: Provided further, That the non-
Federal local sponsor, at its option, may choose to accept, in lieu
of reimbursement, a credit against the non-Federal share of project
cost incurred after May 13, 2002.
FORT PECK FISH HATCHERY, MONTANA
SEC. 6007. Section 325(f)(1)(A) of Public Law 106–541 is modi-
fied by striking ‘‘$20,000,000’’ and inserting in lieu thereof
‘‘$25,000,000’’.
INTERCOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY,
SR–1 BRIDGE, DELAWARE
SEC. 6008. The first proviso under the heading ‘‘Operation
and Maintenance’’ in title I of division C of Public Law 108–
447 is amended by striking ‘‘October 1, 2003, and September 30,
2004’’ and inserting ‘‘October 1, 2004, and September 30, 2005’’.
OFFSHORE OIL AND GAS FABRICATION PORTS
SEC. 6009. In determining the economic justification for naviga-
tion projects involving offshore oil and gas fabrication ports, the
Secretary of the Army, acting through the Chief of Engineers,
is directed to measure and include in the National Economic
Development calculation the value of future energy exploration
and production fabrication contracts and transportation cost savings
that would result from larger navigation channels.
H. R. 1268—53
ENVIRONMENTAL INFRASTRUCTURE
SEC. 6010. In division C, title I of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to Corps
of Engineers—Civil, Construction, General, is amended by inserting
before the period at the end the following: ‘‘: Provided further,
That of the funds made available herein for Ohio Environmental
Infrastructure, $500,000 shall be used for the Liberty Little Squaw
Creek sewer upgrade and $1,000,000 shall be used for the Lake
County, Concord Township sanitary sewer line improvement: Pro-
vided further, That of the funds made available herein, $350,000
shall be used to complete design for the St. Croix Falls, Wisconsin,
wastewater infrastructure project’’.
INDIANA HARBOR, INDIANA
SEC. 6011. The Secretary of the Army, acting through the
Chief of Engineers, is directed to complete, at full Federal expense,
the Indiana Harbor and Canal, Confined Disposal Facility, Indiana,
currently under construction.
SEMINOLE TRIBE, BIG CYPRESS PROJECT
SEC. 6012. Section 528(b)(3) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amended
by adding the following:
‘‘(5) The Seminole Tribe of Florida shall receive a mitigation
credit for 50 percent of the net wetland benefits derived within
the footprint of the Big Cypress Seminole Reservation Water
Conservation Plan Project. Such credit may be used to meet
the mitigation requirements of section 404 of the Clean Water
Act as they may apply to future projects proposed by the
Seminole Tribe of Florida.’’.
SAN GABRIEL BASIN RESTORATION
SEC. 6013. (a) The matter under the heading ‘‘Water and
Related Resources’’ in title II of division C of Public Law 108–
447 is amended by inserting before the period at the end the
following: ‘‘: Provided further, That $4,023,000 of the funds appro-
priated under this heading shall be deposited in the San Gabriel
Basin Restoration Fund established by section 110 of title I of
division B of the Miscellaneous Appropriations Act, 2001 (as enacted
into law by Public Law 106–554)’’.
(b) Section 110(a)(3)(A)(ii) of the Miscellaneous Appropriations
Act, 2001 (as enacted into law by section 1(a)(4) of Public Law
106–554) as amended is further amended by inserting the words
‘‘and maintain’’ after the word ‘‘operate’’.
SILVERY MINNOW OFF-CHANNEL SANCTUARIES
SEC. 6014. The Secretary of the Interior is authorized to perform
such analyses and studies as needed to determine the viability
of establishing an off-channel sanctuary for the Rio Grande Silvery
Minnow in the Middle Rio Grande Valley. In conducting these
studies, the Secretary shall take into consideration:
(1) providing off-channel, naturalistic habitat conditions
for propagation, recruitment, and maintenance of Rio Grande
silvery minnows; and
H. R. 1268—54
(2) minimizing the need for acquiring water or water rights
to operate the sanctuary.
If the Secretary determines the project to be viable, the Sec-
retary is further authorized to design and construct the sanctuary
and to thereafter operate and maintain the sanctuary. The Sec-
retary may enter into grant agreements, cooperative agreements,
financial assistance agreements, interagency agreements, and con-
tracts with Federal and non-Federal entities to carry out the pur-
poses of this Act.
DESALINATION ACT EXTENSION
SEC. 6015. Section 8 of Public Law 104–298 (The Water
Desalination Act of 1996) (110 Stat. 3624) as amended by section
210 of Public Law 108–7 (117 Stat. 146) is amended by—
(1) in paragraph (a) by striking ‘‘2004’’ and inserting in
lieu thereof ‘‘2005’’; and
(2) in paragraph (b) by striking ‘‘2004’’ and inserting in
lieu thereof ‘‘2005’’.
ENERGY SUPPLY
SEC. 6016. In division C, title III of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Energy Programs, Energy Supply’’ is amended
by inserting before the period at the end the following: ‘‘: Provided,
That $2,000,000 is made available for the National Center for
Manufacturing Sciences in Michigan: Provided further, That
$825,000 is made available for research and development in Cali-
fornia to advance the state of metal hydride hydrogen storage’’.
OFFICE OF SCIENCE
SEC. 6017. In division C, title III of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Energy Programs, Science’’ is amended by inserting
‘‘: Provided, That $2,000,000 is provided within available funds
to continue funding for project #DE–FG0204ER63842–04090945,
the Southeast Regional Cooling, Heating and Power and Bio-Fuel
Application Center, and $3,000,000 is provided from within avail-
able funds for the University of Texas Southwestern Medical Center,
University of Texas at Dallas Metroplex Comprehensive Imaging
Center: Provided further, That within funds made available herein
$500,000 is provided for the desalination plant technology program
at the University of Nevada-Reno (UNR) and $500,000 for the
Oral History of the Negotiated Settlement project at UNR: Provided
further, That $4,000,000 is to be provided from within available
funds to the Fire Sciences Academy in Elko, Nevada, for purposes
of capital debt service: Provided further, That $2,000,000 is made
available within available funds to upgrade chemistry laboratories
at Drew University, New Jersey’’ after ‘‘$3,628,902,000’’.
FOSSIL ENERGY
SEC. 6018. In division E, title II of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Fossil Energy Research and Development’’ is
amended by inserting before the period at the end the following:
‘‘: Provided further, That $1,000,000 is made available for the
H. R. 1268—55
National Energy Technology Laboratory in Pennsylvania to work
with the Borough of Versailles, Pennsylvania, to remediate leaks
from abandoned natural gas wells’’.
WEAPONS ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
SEC. 6019. Notwithstanding the provisions of section 302 of
Public Law 102–377 and section 4705 of Public Law 107–314,
as amended, the Department may transfer up to $10,000,000 from
the Weapons Activities appropriation for purposes of carrying out
section 3147 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005, Public Law 108–375: Provided, That
$825,000 is made available for cybersecurity at Department of
Energy laboratories using the CimTrak technology.
DEFENSE ENVIRONMENTAL SERVICES
SEC. 6020. Title III of division C of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447) is amended by inserting
before the period at the end of ‘‘Defense Environmental Services’’
the following: ‘‘: Provided, That to the extent activities to be funded
within the ‘Defense Environmental Services’ cannot be funded with-
out unduly impacting mission activities and statutory requirements,
up to $30,000,000 from ‘Defense Site Acceleration Completion’ may
be used for these activities: Provided further, That $2,000,000 is
provided within available funds to support desalination activities
in partnership with the Bureau of Reclamation at the Tularosa
Basin desalination facility, New Mexico’’.
DEFENSE SITE ACCELERATION COMPLETION TRANSFER TO WEAPONS
ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
SEC. 6021. Notwithstanding the provisions of section 302 of
Public Law 102–377 and section 4705 of Public Law 107–314,
as amended, the Department may transfer up to $4,000,000 from
the ‘‘Defense Site Acceleration Completion’’ appropriation to
‘‘Weapons Activities’’ appropriation contained in the Consolidated
Appropriations Act, 2005 (Public Law 108–447), division C—Energy
and Water Development.
SMALL BUSINESS CONTRACTING
SEC. 6022. (a) Not later than September 30, 2005, the Depart-
ment of Energy and the Small Business Administration shall enter
into a memorandum of understanding setting forth an appropriate
methodology for measuring the achievement of the Department
of Energy with respect to awarding contracts to small businesses.
(b) The methodology set forth in the memorandum of under-
standing entered into under subsection (a) shall, at a minimum,
include—
(1) a method of counting the achievement of the Depart-
ment of Energy in awards of—
(A) prime contracts; and
(B) subcontracts to small businesses awarded by
Department 
of 
Energy 
management 
and 
operating,
H. R. 1268—56
management and integration, and other facility manage-
ment prime contractors; and
(2) uniform criteria that could be used by prime contractors
when measuring the value and number of subcontracts awarded
to small businesses.
(c)(1) Not later than September 30, 2005, the Administrator
of the Small Business Administration, the Chief Counsel for
Advocacy of the Small Business Administration, the Chairman of
the Defense Nuclear Facilities Safety Board, the Secretary of
Energy, and the Administrator of the National Nuclear Security
Administration, shall jointly conduct a study regarding the feasi-
bility of possible changes to management and operating contracts
and other management contracts within the Department of Energy
to encourage new opportunities for small businesses to increase
their role as prime contractors.
(2) In conducting the study under paragraph (1), the Adminis-
trator of the Small Business Administration, the Chief Counsel
for Advocacy of the Small Business Administration, the Chairman
of the Defense Nuclear Facilities Safety Board, the Secretary of
Energy, and the Administrator of the National Nuclear Security
Administration shall jointly consider the impact of changes studied
on—
(A) accountability, competition, and sound management
practices at the Department of Energy and its facilities man-
aged by prime contractors;
(B) safety, security, and oversight of Department of Energy
facilities; and
(C) the potential oversight and management requirements
necessary to implement the findings of the study.
(3) The Administrator of the Small Business Administration,
the Chief Counsel for Advocacy of the Small Business Administra-
tion, the Chairman of the Defense Nuclear Facilities Safety Board,
the Secretary of Energy, and the Administrator of the National
Nuclear Security Administration shall report their joint findings
to—
(A) the Committee on Small Business and Entrepreneur-
ship, the Committee on Energy and Natural Resources, the
Committee on Armed Services, the Committee on Homeland
Security and Government Affairs, and the Committee on Appro-
priations of the Senate; and
(B) the Committee on Small Business, the Committee on
Energy and Commerce, the Committee on Armed Services,
the Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(d)(1) Beginning on the date of enactment of this Act and
ending at the conclusion of fiscal year 2007, in any case in which
the Secretary of Energy decides to break-out appropriate large
prime contracts, known as the management and operating contracts,
for award to small businesses, the Secretary shall consider
whether—
(A) the services under the contract have previously been
provided by a small business concern; and
(B) the contract is of the type capable of being performed
by a small business concern.
(2) In the case of a contract awarded by the Department of
Energy as a result of a break-out of subcontracts previously awarded
H. R. 1268—57
by management and operating prime contractors and reawarded
as a small business prime contract under paragraph (1)—
(A) any such contract valued at more than $25,000,000
shall be required to have a subcontracting plan for small
businesses; and
(B) the Secretary shall make a determination on the advis-
ability of requiring a local presence for small business sub-
contractors.
NUCLEAR WASTE DISPOSAL
SEC. 6023. Title III of division C of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447; 118 Stat. 2951) is amended
in the matter under the heading ‘‘Nuclear Waste Disposal’’—
(1) by inserting ‘‘to be derived from the Nuclear Waste
Fund and’’ after ‘‘$346,000,000,’’; and
(2) in the second proviso, by striking ‘‘to conduct scientific
oversight responsibilities and participate in licensing activities
pursuant to the Act’’ and inserting ‘‘to participate in licensing
activities and other appropriate activities pursuant to that Act’’.
DEPARTMENT OF HOMELAND SECURITY
WORKING CAPITAL FUND
SEC. 6024. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used
to make payments to the ‘‘Department of Homeland Security
Working Capital Fund’’, except for the activities for fiscal year
2005 contained in the April 11, 2005, report submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on the Department of Homeland Security Working
Capital Fund, and all activities and services funded by the Federal
Emergency Management Agency ‘‘Working Capital Fund’’ before
March 1, 2003: Provided, That all organizations shall be charged
only for direct usage of each service: Provided further, That for
fiscal year 2005, funding for activities shall not exceed the amounts
listed in the Department of Homeland Security Working Capital
Fund April 11, 2005, report: Provided further, That any additional
activities and amounts must be approved by the Committees on
Appropriations of the Senate and the House of Representatives
30 days in advance of obligation.
SEC. 6025. The Department of Homeland Security shall hence-
forth provide an appropriations justification for the ‘‘Department
of Homeland Security Working Capital Fund’’ to the Committees
on Appropriations of the Senate and House of Representatives:
Provided, That an annual appropriations justification shall be sub-
mitted to the Congress as a part of the President’s budget as
submitted under Section 1105(a) of Title 31, United States Code,
and shall contain the same level of detail as the Department’s
Congressional appropriations justification in support of the Presi-
dent’s budget: Provided further, That the ‘‘Department of Homeland
Security Working Capital Fund’’ Congressional appropriations jus-
tification for fiscal year 2006 shall be submitted within 15 days
of enactment of this Act: Provided further, That the Chief Financial
Officer shall ensure that all planned activities and amounts to
be funded by the ‘‘Department of Homeland Security Working Cap-
ital Fund’’, all reimbursable agreements, and all uses of the
H. R. 1268—58
Economy Act are explicitly identified in each Congressional appro-
priations justification in support of the President’s budget provided
for each agency and component of the Department.
OFFICE OF THE CHIEF INFORMATION OFFICER
SEC. 6026. Of the funds provided under the heading ‘‘Office
of the Chief Information Officer’’ in Public Law 108–334, $5,000,000
shall not be obligated for salaries and expenses until an expenditure
plan is submitted to the Committees on Appropriations of the
Senate and the House of Representatives for any information tech-
nology project that: (1) is funded by the ‘‘Office of the Chief Informa-
tion Officer’’; or (2) is funded by multiple components of the Depart-
ment of Homeland Security through reimbursable agreements: Pro-
vided, That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or cost
avoidance to be achieved by project: Provided further, That the
expenditure plan shall include a complete list of all legacy systems
operational as of March 1, 2003, the current operational status
of each system, and the plans for continued operation or termination
of each system.
RESCISSION OF FUNDS
SEC. 6027. Of the funds appropriated by Public Law 108–
334 (118 Stat. 1298, 1300, 1302), the following are rescinded:
$500,000 under the heading ‘‘Office of the Secretary and Executive
Management’’; $3,300,000 under the heading ‘‘Office of the Under
Secretary for Management’’; $76,000,000 under the heading ‘‘Cus-
toms and Border Protection, Salaries and Expenses’’; and
$85,200,000 under the heading ‘‘Immigration and Customs Enforce-
ment, Salaries and Expenses’’.
SEC. 6028. Of the unobligated balances available in the ‘‘Depart-
ment of Homeland Security Working Capital Fund’’, $20,000,000
are rescinded.
REPROGRAMMING AND TRANSFER OF FUNDS
SEC. 6029. Any funds made available to the Department of
Homeland Security by this Act shall be subject to the terms and
conditions of Title V of Public Law 108–334.
BUREAU OF LAND MANAGEMENT, TECHNICAL CORRECTION
SEC. 6030. Section 144 of division E of Public Law 108–447
is amended in paragraph (b)(2) by striking ‘‘September 24, 2004’’
and inserting ‘‘November 12, 2004’’.
FOREST SERVICE TRANSFER
SEC. 6031. Funds in the amount of $1,500,000, provided in
Public Law 108–447 for the ‘‘Forest Service, Capital Improvement
and Maintenance’’ account, are hereby transferred to the ‘‘Forest
Service, State and Private Forestry’’ account.
WEST YELLOWSTONE VISITOR INFORMATION CENTER
SEC. 6032. Notwithstanding any other provision of law, the
National Park Service is authorized to expend appropriated funds
H. R. 1268—59
for the construction, operations and maintenance of an expansion
to the West Yellowstone Visitor Information Center to be con-
structed for visitors to, and administration of, Yellowstone National
Park.
PESTICIDES TOLERANCE FEES
SEC. 6033. None of the funds in this or any other Appropriations
Act may be used by the Environmental Protection Agency or any
other Federal agency to develop, promulgate, or publish a pesticides
tolerance fee rulemaking.
GULF ISLANDS NATIONAL SEASHORE
SEC. 6034. (a) The Secretary of the Interior shall allow the
State of Mississippi, its lessees, contractors, and permittees, to
conduct, under reasonable regulation not inconsistent with extrac-
tion of the oil and gas minerals reserved by the State of Mississippi
in the deed referenced in subsection (b):
(1) exploration, development and production operations on
sites outside the boundaries of Gulf Islands National Seashore
that use directional drilling techniques which result in the
drill hole crossing into the Gulf Islands National Seashore
and passing under any land or water the surface of which
is owned by the United States, including terminating in bottom
hole locations thereunder; and
(2) seismic and seismic-related exploration activities inside
the boundaries of Gulf Islands National Seashore to identify
the oil and gas minerals located within the boundaries of the
Gulf Islands National Seashore under the surface estate con-
veyed by the State of Mississippi, all of which oil and gas
minerals the State of Mississippi reserved the right to extract.
(b) The provisions of subsection (a) shall not take effect until
the State of Mississippi enters into an agreement with the Secretary
providing that any actions by the United States in relation to
the provisions in the section shall not trigger any reverter of any
estate conveyed by the State of Mississippi to the United States
within the Gulf Islands National Seashore in Chapter 482 of the
General Laws of the State of Mississippi, 1971, and the quitclaim
deed of June 15, 1972.
SURFACE MINING CONTROL AND RECLAMATION ACT
SEC. 6035. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
‘‘June 30, 2005,’’ and inserting ‘‘September 30, 2005,’’.
RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS
SEC. 6036. STATE REGULATION OF RESIDENT AND NONRESIDENT
HUNTING
AND FISHING. (a) SHORT TITLE.—This section may be
cited as the ‘‘Reaffirmation of State Regulation of Resident and
Nonresident Hunting and Fishing Act of 2005’’.
(b) DECLARATION OF POLICY AND CONSTRUCTION OF CONGRES-
SIONAL SILENCE.—
(1) IN GENERAL.—It is the policy of Congress that it is
in the public interest for each State to continue to regulate
H. R. 1268—60
the taking for any purpose of fish and wildlife within its bound-
aries, including by means of laws or regulations that differen-
tiate between residents and nonresidents of such State with
respect to the availability of licenses or permits for taking
of particular species of fish or wildlife, the kind and numbers
of fish and wildlife that may be taken, or the fees charged
in connection with issuance of licenses or permits for hunting
or fishing.
(2) CONSTRUCTION OF CONGRESSIONAL SILENCE.—Silence on
the part of Congress shall not be construed to impose any
barrier under clause 3 of Section 8 of Article I of the Constitu-
tion (commonly referred to as the ‘‘commerce clause’’) to the
regulation of hunting or fishing by a State or Indian tribe.
(c) LIMITATIONS.—Nothing in this section shall be construed—
(1) to limit the applicability or effect of any Federal law
related to the protection or management of fish or wildlife
or to the regulation of commerce;
(2) to limit the authority of the United States to prohibit
hunting or fishing on any portion of the lands owned by the
United States; or
(3) to abrogate, abridge, affect, modify, supersede or alter
any treaty-reserved right or other right of any Indian tribe
as recognized by any other means, including, but not limited
to, agreements with the United States, Executive Orders, stat-
utes, and judicial decrees, and by Federal law.
(d) STATE DEFINED.—For purposes of this section, the term
‘‘State’’ includes the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
STATE AND TRIBAL ASSISTANCE GRANTS, TECHNICAL CORRECTIONS
SEC. 6037. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 106–377, in reference
to item 80, is deemed to be amended by striking all after ‘‘for’’
and inserting in lieu thereof ‘‘wastewater infrastructure improve-
ments’’.
SEC. 6038. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 108–199 is deemed to
be amended, in reference to item 331, by striking all after ‘‘to’’
and inserting in lieu thereof ‘‘Wayne County, New York Water
and Sewer Authority for wastewater infrastructure improvements’’
and, in reference to item 25, by striking all after ‘‘for’’ and inserting
in lieu thereof ‘‘water and wastewater improvements’’.
SEC. 6039. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 108–447 is deemed to
be amended, in reference to item 235, by striking ‘‘$650,000’’ and
inserting in lieu thereof ‘‘$1,000,000’’ and is deemed to be amended
by adding ‘‘668. $150,000 to the City of Oldsmar, Florida for water
and wastewater infrastructure improvements.’’.
TRANSFER AUTHORITY
SEC. 6040. (a) Section 102 of division F of Public Law 108–
447 is hereby repealed.
H. R. 1268—61
(b) Section 208 of division F of Public Law 108–447 is amended
by inserting before the period at the end the following: ‘‘: Provided
further, That such authority shall be limited to emergency use
only, and is not to be used to create new programs, or to fund
any project or activity for which no funds were provided’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
EDUCATION—FISCAL YEAR 2005
SEC. 6041. In the statement of the managers of the committee
of conference accompanying H.R. 4818 (Public Law 108–447; House
Report 108–792), in the matter in title III of division F, relating
to the Fund for the Improvement of Education under the heading
‘‘Innovation and Improvement’’—
(1) the provision specifying $500,000 for the Mississippi
Museum of Art, Jackson, MS for Hardy Middle School After
School Program shall be deemed to read ‘‘Mississippi Museum
of Art, Jackson, MS for a Mississippi Museum of Art After-
School Collaborative’’;
(2) the provision specifying $2,000,000 for the Milken
Family Foundation, Santa Monica, CA, for the Teacher
Advancement Program shall be deemed to read ‘‘Teacher
Advancement Program Foundation, Santa Monica, CA for the
Teacher Advancement Program’’;
(3) the provision specifying $1,000,000 for Batelle for Kids,
Columbus, OH for a multi-state effort to evaluate and learn
the most effective ways for accelerating student academic
growth shall be deemed to read ‘‘Battelle for Kids, Columbus,
OH for a multi-state effort to implement, evaluate and learn
the most effective ways for accelerating student academic
growth’’;
(4) the provision specifying $750,000 for the Institute of
Heart Math, Boulder Creek, CO for a teacher retention and
student dropout prevention program shall be deemed to read
‘‘Institute of Heart Math, Boulder Creek, CA for a teacher
retention and student dropout prevention program’’;
(5) the provision specifying $200,000 for Fairfax County
Public Schools, Fairfax, VA for Chinese language programs
in Franklin Sherman Elementary School and Chesterbrook
Elementary School in McLean, Virginia shall be deemed to
read ‘‘Fairfax County Public Schools, Fairfax, VA for Chinese
language programs in Shrevewood Elementary School and
Wolftrap Elementary School’’;
(6) the provision specifying $1,250,000 for the University
of Alaska/Fairbanks in Fairbanks, AK, working with the State
of Alaska and Catholic Community Services, for the Alaska
System for Early Education Development (SEED) shall be
deemed to read ‘‘University of Alaska/Southeast in Juneau,
AK, working with the State of Alaska and Catholic Community
Services, for the Alaska System for Early Education Develop-
ment (SEED)’’;
(7) the provision specifying $25,000 for QUILL Productions,
Inc., Aston, PA, to develop and disseminate programs to
enhance the teaching of American history shall be deemed
to read ‘‘QUILL Entertainment Company, Aston, PA, to develop
and disseminate programs to enhance the teaching of American
history’’;
H. R. 1268—62
(8) the provision specifying $780,000 for City of St. Charles,
MO for the St. Charles Foundry Arts Center in support of
arts education shall be deemed to read ‘‘The Foundry Art
Centre, St. Charles, Missouri for support of arts education
in conjunction with the City of St. Charles, MO’’;
(9) the provision specifying $100,000 for Community Arts
Program, Chester, PA, for arts education shall be deemed to
read ‘‘Chester Economic Development Authority, Chester, PA
for a community arts program’’;
(10) the provision specifying $100,000 for Kids with A
Promise—The Bowery Mission, Bushkill, PA shall be deemed
to read ‘‘Kids with A Promise—The Bowery Mission, New York,
NY’’;
(11) the provision specifying $50,000 for Great Projects
Film Company, Inc., Washington, DC, to produce ‘‘Educating
America’’, a documentary about the challenges facing our public
schools shall be deemed to read ‘‘Great Projects Film Company,
Inc., New York, NY, to produce ‘Educating America’, a documen-
tary about the challenges facing our public schools’’;
(12) the provision specifying $30,000 for Summer Camp
Opportunities Provide an Edge (SCOPE), New York, NY for
YMCA Camps Skycrest, Speers and Elijabar shall be deemed
to read ‘‘American Camping Association for Summer Camp
Opportunities Provide an Edge (SCOPE), New York, NY for
YMCA Camps Skycrest and Speers-Elijabar’’;
(13) the provision specifying $163,000 for Space Education
Initiatives, Green Bay, WI for the Wisconsin Space Science
Initiative shall be deemed to read ‘‘Space Education Initiatives,
De Pere, WI for the Wisconsin Space Science Initiative’’;
(14) the provision specifying $100,000 for Clarion County
Career Center, Shippenville, PA for curriculum development
shall be deemed to read ‘‘Clarion County Career Center,
Shippenville, PA for curriculum development, technology and/
or equipment’’;
(15) the provision specifying $100,000 for Central Pennsyl-
vania Institute of Science and Technology, Pleasant Gap, PA
for curriculum development shall be deemed to read ‘‘Central
Pennsylvania Institute of Science and Technology, Pleasant
Gap, PA for curriculum development, technology and/or equip-
ment’’;
(16) the provision specifying $100,000 for Forest Area High
School, Tionesta, PA, for curriculum development shall be
deemed to read ‘‘Forest Area High School, Tionesta, PA for
curriculum development, technology and/or equipment’’;
(17) the provision specifying $100,000 for Jersey Shore
High School, Jersey Shore, PA, for curriculum development
shall be deemed to read ‘‘Jersey Shore High School, Jersey
Shore, PA for curriculum development, technology and/or equip-
ment’’;
(18) the provision specifying $100,000 for Montgomery Area
School District, Montgomery, PA for curriculum development
shall be deemed to read ‘‘Montgomery Area School District,
Montgomery, PA for curriculum development, technology and/
or equipment’’;
(19) the provision specifying $100,000 for Southern Tioga
School District, Blossburg, PA for curriculum development shall
H. R. 1268—63
be deemed to read ‘‘Southern Tioga School District, Blossburg,
PA for curriculum development, technology and/or equipment’’;
(20) the provision specifying $300,000 for Venango County
AVTS, Oil City, PA for curriculum development shall be deemed
to read ‘‘Venango County AVTS, Oil City, PA for curriculum
development, technology and/or equipment’’;
(21) the provision specifying $100,000 for Warren County
Career Center, Warren, PA, for curriculum development shall
be deemed to read ‘‘Warren County Career Center, Warren,
PA for curriculum development, technology and/or equipment’’;
and
(22) the provision specifying $100,000 for Wellsboro Area
School District, Wellsboro, PA, for curriculum development
shall be deemed to read ‘‘Wellsboro Area School District,
Wellsboro, PA for curriculum development, technology and/or
equipment’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
POSTSECONDARY EDUCATION—FISCAL YEAR 2005
SEC. 6042. In the statement of the managers of the committee
of conference accompanying H.R. 4818 (Public Law 108–447; House
Report 108–792), in the matter in title III of division F, relating
to the Fund for the Improvement of Postsecondary Education under
the heading ‘‘Higher Education’’—
(1) the provision specifying $145,000 for the Belin-Blank
Center at the University of Iowa, Iowa City, IA for the Big
10 school initiative to improve minority student access to
Advanced Placement courses shall be deemed to read ‘‘Univer-
sity of Iowa, Iowa City, IA for the Iowa and Israel: Partners
in Excellence program to enhance math and science opportuni-
ties to rural Iowa students’’;
(2) the provision specifying $150,000 for Mercy College,
Dobbs Ferry, NY for the development of a registered nursing
program shall be deemed to read ‘‘Mercy College, Dobbs Ferry,
NY, for the development of a master’s degree program in
nursing education, including marketing and recruitment activi-
ties’’;
(3) the provision specifying $100,000 for University of
Alaska/Southeast to develop distance education coursework for
arctic engineering courses and programs shall be deemed to
read ‘‘University of Alaska System Office to develop distance
education coursework for arctic engineering courses and pro-
grams’’;
(4) the provision specifying $170,000 for Shippensburg
University Foundation, Shippensburg, PA, for the Center for
Land Use shall be deemed to read ‘‘Shippensburg University,
Shippensburg, PA, for the Center for Land Use’’; and
(5) the provision specifying $100,000 for Culver-Stockton
College, Canton, MO for equipment and technology shall be
deemed to read ‘‘Moberly Area Community College, Moberly,
MO for equipment and technology’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
EDUCATION—FISCAL YEAR 2004
SEC. 6043. In the statement of the managers of the committee
of conference accompanying H.R. 2673 (Public Law 108–199; House
H. R. 1268—64
Report 108–401), in the matter in title III of division E, relating
to the Fund for the Improvement of Education under the heading
‘‘Innovation and Improvement’’ the provision specifying $1,500,000
for the University of Alaska at Fairbanks for Alaska System for
Early Education Development (SEED) program to expand early
childhood services and to train Early Head Start teachers with
AAS degrees for positions in rural Alaska shall be deemed to
read ‘‘University of Alaska/Southeast in Juneau, AK, working with
the State of Alaska and Catholic Community Services, for the
Alaska System for Early Education Development (SEED) program
to expand early childhood services and to train Early Head Start
teachers with AAS degrees for positions in rural Alaska’’.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT
REVIEWS
SEC. 6044. The matter under the heading ‘‘Corporation for
National and Community Service—National and Community
Service Programs Operating Expenses’’ in title III of division I
of Public Law 108–447 is amended by inserting before the period
at the end the following: ‘‘: Provided further, That the Corporation
may use up to 1 percent of program grant funds made available
under this heading to defray its costs of conducting grant application
reviews, including the use of outside peer reviewers’’.
MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM
SEC. 6045. (a) IN GENERAL.—Section 1897(c) of the Social Secu-
rity Act (42 U.S.C. 1395hhh(c)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or an entity described in paragraph (3)’’ after
‘‘means a hospital’’; and
(B) in subparagraph (B)—
(i) by inserting ‘‘legislature’’ after ‘‘State’’ the first
place it appears; and
(ii) by inserting ‘‘and such designation by the State
legislature occurred prior to December 8, 2003’’ before
the period at the end; and
(2) by adding at the end the following new paragraph:
‘‘(3) ENTITY DESCRIBED.—An entity described in this para-
graph is an entity that—
‘‘(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
‘‘(B) has at least 1 existing memorandum of under-
standing or affiliation agreement with a hospital located
in the State in which the entity is located; and
‘‘(C) retains clinical outpatient treatment for cancer
on site as well as lab research and education and outreach
for cancer in the same facility.’’.
(b) LIMITATION ON REVIEW.—Section 1897 of the Social Security
Act (42 U.S.C. 1395hhh(c)) is amended by adding at the end the
following new subsection:
‘‘(i) LIMITATION ON REVIEW.—There shall be no administrative
or judicial review of any determination made by the Secretary
under this section.’’.
H. R. 1268—65
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 1016
of the Medicare Prescription Drug, Improvement, and Moderniza-
tion Act of 2003 (Public Law 108–173; 117 Stat. 2447).
APPLICATION PROCESSING AND ENFORCEMENT FEES
SEC. 6046. Section 286(s)(6) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(6)) is amended in the second sentence by
inserting ‘‘and section 212(a)(5)(A)’’ before the period at the end.
TECHNICAL CORRECTION—HIGHER EDUCATION
(INCLUDING RESCISSION OF FUNDS)
SEC. 6047. (a) RESCISSION.—Of the funds made available under
the heading ‘‘Higher Education’’ in title III of division F of Public
Law 108–447, $496,000 is rescinded, to be derived from the amount
provided pursuant to the last proviso under such heading for the
IWF Leadership Foundation, Washington, DC, for a scholarship
fund.
(b) APPROPRIATION.—The amount rescinded by subsection (a)
is appropriated for ‘‘General Services Administration—Operating
Expenses’’, for a grant to the IWF Leadership Foundation, Wash-
ington, DC, for a scholarship fund.
COPYRIGHT ROYALTY JUDGES
SEC. 6048. (a) The item relating to ‘‘LIBRARY OF CON-
GRESS—Copyright Office—salaries and expenses’’ in the Legisla-
tive Branch Appropriations Act, 2005 (Public Law 108–447; 118
Stat. 3187), is amended by striking the period at the end and
inserting the following: ‘‘: Provided further, That notwithstanding
any provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are attributable
to royalty fees and payments received by the Copyright Office
pursuant to sections 111 and 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program during any portion of fiscal
year 2005 in which such program is in effect.’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2005.
CAPITOL VISITOR CENTER
SEC. 6049. (a) The item relating to ‘‘Architect of the Capitol—
Capitol Visitor Center’’ in the Legislative Branch Appropriations
Act, 2002 (Public Law 107–68; 115 Stat. 588), is amended by
striking ‘‘chair and ranking minority member of the’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2002.
TECHNICAL CORRECTION
SEC. 6050. Notwithstanding any other provision of law, unex-
pended and unobligated funds appropriated by Public Law 108–
7 to the accounts under the heading ‘‘SENATE’’ relating to Legisla-
tive Branch appropriations shall remain available without fiscal
H. R. 1268—66
year limitation: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
TECHNICAL CORRECTIONS—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION—FISCAL YEAR 2005
SEC. 6051. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
after ‘‘Bonneau Ferry, SC’’ by striking ‘‘20,000’’ and inserting
‘‘19,200’’ in the ‘‘Procurement, Acquisition and Construction’’
account: Provided, That the difference in these amounts are avail-
able for transfer to the ‘‘Operations, Research, and Facilities’’
account for ‘‘Response and Restoration Base’’.
SEC. 6052. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
under the heading ‘‘Construction/Acquisition, Coastal and Estuarine
Land Conservation Program’’ by striking ‘‘Tonner Canyon, CA’’ and
inserting ‘‘Tolay Lake, Sonoma County, CA’’.
SEC. 6053. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
under the heading ‘‘Construction/Acquisition, Coastal and Estuarine
Land Conservation Program’’ by striking ‘‘Port Aransas Nature
Preserve Wetlands Project, TX—3,000’’ and under the heading ‘‘Sec-
tion 2 (FWCA) Coastal/Estuarine Land Acquisition’’ by inserting
‘‘Port Aransas Nature Preserve Wetlands Project, TX—3,000’’.
SMALL BUSINESS ADMINISTRATION—TECHNICAL CORRECTIONS
SEC. 6054. Section 621 of title VI of division B of Public Law
108–199 is amended by striking ‘‘of passenger, cargo and other
aviation services’’.
SEC. 6055. Section 619(a) of title VI of division B of Public
Law 108–447 is amended by striking ‘‘Asheville-Buncombe Tech-
nical Community College’’ and inserting ‘‘the International Small
Business Institute’’.
SEC. 6056. (a) Section 619(a) of title VI of division B of Public
Law 108–447 is amended by striking ‘‘for the continued moderniza-
tion of the Mason Building’’.
(b) Section 621 of title VI of division B of Public Law 108–
199, as amended by Public Law 108–447, is amended by striking
‘‘, for the continued modernization of the Mason Building’’.
SEC. 6057. (a) Section 633 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 2001 (as enacted into law by Public Law 106–553) and
section 629 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2002
(Public Law 107–77) are each amended by striking ‘‘NTTC at
Wheeling Jesuit University’’ and inserting ‘‘West Virginia High
Technology Consortium Foundation’’.
(b) The amendments made by subsection (a) shall apply to
the remaining balances of the grants involved.
H. R. 1268—67
TECHNICAL CORRECTION—BANKRUPTCY
SEC. 6058. (a) Section 325 of the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 is amended to read as follows:
‘‘SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.
‘‘(a) BANKRUPTCY FILING FEES.—Section 1930(a) of title 28,
United States Code, is amended—
‘‘(1) by striking paragraph (1) and inserting the following:
‘‘ ‘(1) For a case commenced under—
‘‘ ‘(A) chapter 7 of title 11, $220, and
‘‘ ‘(B) chapter 13 of title 11, $150.’; and
‘‘(2) in paragraph (3), by striking ‘$800’ and inserting
‘$1,000’.
‘‘(b) UNITED STATES TRUSTEE SYSTEM FUND.—Section 589a(b)
of title 28, United States Code, is amended—
‘‘(1) by striking paragraph (1) and inserting the following:
‘‘ ‘(1)(A) 40.46 percent of the fees collected under section
1930(a)(1)(A); and
‘‘ ‘(B) 28.33 percent of the fees collected under section
1930(a)(1)(B);’; and
‘‘(2) in paragraph (2), by striking ‘one-half’ and inserting
‘55 percent’.
‘‘(c) COLLECTIONS
AND DEPOSITS
OF MISCELLANEOUS BANK-
RUPTCY FEES.—Section 406(b) of the Judiciary Appropriations Act,
1990 (28 U.S.C. 1931 note) is amended by striking ‘pursuant to
28 U.S.C. section 1930(b)’ and all that follows through ‘28 U.S.C.
section 1931’ and inserting ‘under section 1930(b) of title 28, United
States Code, 28.87 percent of the fees collected under section
1930(a)(1)(A) of that title, 35.00 percent of the fees collected under
section 1930(a)(1)(B) of that title, and 25 percent of the fees collected
under section 1930(a)(3) of that title shall be deposited as offsetting
receipts to the fund established under section 1931 of that title’.’’.
(b) This section and the amendment made by this section
shall take effect immediately after the enactment of the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005.
DEPARTMENT OF COMMERCE—CONFERENCE
SEC. 6059. Within the amount provided for the Department
of Commerce in division B of Public Law 108–447, the Secretary
of Commerce shall convene a national conference on science, tech-
nology, trade and manufacturing.
TECHNICAL CORRECTION—9/11 HEROES
SEC. 6060. Subsection (d) of the section 124 that appears under
the item relating to ‘‘General Provisions—Department of Justice’’
of the Consolidated Appropriations Act of 2005 (Public Law 108–
447) is amended—
(1) in paragraph (2), by striking ‘‘with the Secretary of
the Treasury to prepare and strike, on a reimbursable basis,’’
and inserting ‘‘for striking’’; and
(2) by striking paragraph (3).
TECHNICAL CORRECTIONS—DEPARTMENT OF TRANSPORTATION
SEC. 6061. The matter under the heading ‘‘Federal Transit
Administration, Capital Investment Grants’’ in title I of division