H. R. 2862—17
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 avail-
able until expended: Provided, That not to exceed $124,000 shall 
be available for official reception and representation expenses: Pro-
vided further, That not less than $2,000,000 provided under this 
heading shall be for expenses authorized by 19 U.S.C. 2451 and 
1677b(c): Provided further, That negotiations shall be conducted 
within the World Trade Organization to recognize the right of 
members to distribute monies collected from antidumping and 
countervailing duties: Provided further, That negotiations shall be 
conducted within the World Trade Organization consistent with 
the negotiating objectives contained in the Trade Act of 2002, Public 
Law 107–210. 
INTERNATIONAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as author-
ized 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 Ameri-
cans 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
H. R. 2862—18
exceed $327,000 for official representation expenses abroad; pur-
chase 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 fur-
ther, 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 fur-
ther, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 
in carrying out these activities without regard to section 5412 
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange 
Act of 1961 shall include payment for assessments for services 
provided as part of these activities: Provided further, That the 
International Trade Administration shall be exempt from the 
requirements of Circular A–25 (or any successor administrative 
regulation or policy) issued by the Office of Management and 
Budget: Provided further, That negotiations shall be conducted 
within the World Trade Organization consistent with the negoti-
ating 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 serv-
ices 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 require-
ment 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 inspec-
tions 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
H. R. 2862—19
out these activities: Provided further, That payments and contribu-
tions collected and accepted for materials or services provided as 
part of such activities may be retained for use in covering the 
cost of such activities, and for providing information to the public 
with respect to the export administration and national security 
activities of the Department of Commerce and other export control 
programs of the United States and other governments. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as provided 
by the Public Works and Economic Development Act of 1965, and 
for trade adjustment assistance, $253,985,000, to remain available 
until expended. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment 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, pre-
paring, 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: Pro-
vided, That none of the funds provided in this or any other Act
H. R. 2862—20
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: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 
Commerce shall charge Federal agencies for costs incurred in spec-
trum management, analysis, and operations, and related services 
and such fees shall be retained and used as offsetting collections 
for costs of such spectrum services, to remain available until 
expended: Provided further, That the Secretary of Commerce is 
authorized to retain and use as offsetting collections all funds 
transferred, or previously transferred, from other Government agen-
cies for all costs incurred in telecommunications research, 
engineering, and related activities by the Institute for Telecommuni-
cation Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other Govern-
ment 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 Trade-
mark 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 accord-
ingly: Provided further, That not less than 657 full-time equivalents, 
690 positions and $85,017,000 shall be for the examination of trade-
mark applications; and not less than 5,810 full-time equivalents, 
6,241 positions and $906,142,000 shall be for the examination and
H. R. 2862—21
searching of patent applications: Provided further, That not more 
than 265 full-time equivalents, 272 positions and $37,490,000 shall 
be for the Office of the General Counsel: Provided further, That 
not more than 82 full-time equivalents, 83 positions and $25,393,000 
shall be for the Office of the Administrator for External Affairs: 
Provided further, That any deviation from the full-time equivalent, 
position, and funding designations set forth in the preceding four 
provisos shall be subject to the procedures set forth in section 
605 of this Act: Provided further, That from amounts provided 
herein, not to exceed $1,000 shall be made available in fiscal year 
2006 for official reception and representation expenses: Provided 
further, That notwithstanding section 1353 of title 31, United States 
Code, no employee of the United States Patent and Trademark 
Office may accept payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose 
of enabling an employee to attend and participate in a convention, 
conference, or meeting when the entity offering payment or 
reimbursement is a person or corporation subject to regulation 
by the Office, or represents a person or corporation subject to 
regulation by the Office, unless the person or corporation is an 
organization exempt from taxation pursuant to section 501(c)(3) 
of the Internal Revenue Code of 1986: Provided further, That in 
fiscal year 2006, from the amounts made available for ‘‘Salaries 
and Expenses’’ for the United States Patent and Trademark Office 
(PTO), the amounts necessary to pay: (1) the difference between 
the percentage of basic pay contributed by the PTO and employees 
under section 8334(a) of title 5, United States Code, and the normal 
cost percentage (as defined by section 8331(17) of that title) of 
basic pay, of employees subject to subchapter III of chapter 83 
of that title; and (2) the present value of the otherwise unfunded 
accruing costs, as determined by the Office of Personnel Manage-
ment, 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’’.
H. R. 2862—22
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses of the Hollings Manufacturing Exten-
sion Partnership of the National Institute of Standards and Tech-
nology, $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 architec-
tural 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: Pro-
vided, That beginning in fiscal year 2007 and for each fiscal year 
thereafter, the Secretary of Commerce shall include in the budget 
justification materials that the Secretary submits to Congress in 
support of the Department of Commerce budget (as submitted with 
the budget of the President under section 1105(a) of title 31, United 
States Code) an estimate for each National Institute of Standards 
and Technology construction project having a total multiyear pro-
gram 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 agree-
ments; and relocation of facilities, $2,763,222,000, to remain avail-
able until September 30, 2007, except for funds provided for coopera-
tive 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
H. R. 2862—23
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 fur-
ther, 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 pre-
vious 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 pro-
vided in the previous fiscal year: Provided further, That if funds 
provided for ‘‘Coastal Zone Management Grants’’ exceed funds pro-
vided in the previous fiscal year, then no State shall receive more 
than 5 percent or less than 1 percent of the additional funds: 
Provided further, That the personnel management demonstration 
project established at the National Oceanic and Atmospheric 
Administration pursuant to 5 U.S.C. 4703 may be expanded by 
3,500 full-time positions to include up to 6,925 full-time positions 
and may be extended indefinitely: Provided further, That the 
Administrator of the National Oceanic and Atmospheric Administra-
tion 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 Fed-
eral 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 avail-
able until September 30, 2008, except funds provided for construc-
tion of facilities which shall remain available until expended: Pro-
vided, 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 procure-
ment 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
H. R. 2862—24
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 Depart-
ment of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) 
an estimate for each National Oceanic and Atmospheric Administra-
tion procurement, acquisition and construction program having a 
total multiyear program cost of more than $5,000,000 and an esti-
mate of the budgetary requirements for each such program for 
each of the five subsequent fiscal years: Provided further, That 
subject to amounts provided in advance in appropriations Acts, 
the Secretary of Commerce is authorized to enter into a lease 
with The Regents of the University of California for land at the 
San Diego Campus in La Jolla for a term not less than 55 years: 
Provided further, That funds appropriated for the construction of 
the National Oceanic and Atmospheric Administration Pacific 
Regional Center are an additional increment in the incremental 
funding planned for the Center, and may be expended incremen-
tally, through multi-year contracts for construction and related 
activities, provided that obligations under any such multi-year con-
tract 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
H. R. 2862—25
to exceed $5,000 for official entertainment, $47,466,000: Provided, 
That not to exceed 11 full-time equivalents and $1,490,000 shall 
be expended for the legislative affairs function of the Department. 
UNITED STATES TRAVEL AND TOURISM PROMOTION 
For necessary expenses of the United States Travel and 
Tourism Promotion Program, as authorized by section 210 of Public 
Law 108–7, for programs promoting travel to the United States 
including grants, contracts, cooperative agreements and related 
costs, $4,000,000, to remain available until September 30, 2007. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $22,758,000. 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 201. During the current fiscal year, applicable appropria-
tions 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: Pro-
vided further, That for the National Oceanic and Atmospheric 
Administration this section shall provide for transfers among appro-
priations 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