Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006
PL 109-115 (H.R.3058), enacted 11/30/2005

119 STAT. 2396
PUBLIC LAW 109–115—NOV. 30, 2005
Public Law 109–115
109th Congress
An Act
Making appropriations for the Departments of Transportation, Treasury, and Hous-
ing and Urban Development, the Judiciary, District of Columbia, and independent
agencies for the fiscal year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND
URBAN DEVELOPMENT, THE JUDICIARY, AND INDE-
PENDENT AGENCIES APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the
Judiciary, and independent agencies for the fiscal year ending Sep-
tember 30, 2006, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$84,900,000, of which not to exceed $2,198,000 shall be available
for the immediate Office of the Secretary; not to exceed $698,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $15,183,000 shall be available for the Office of the
General Counsel; not to exceed $11,650,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $8,485,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,293,000 shall be available for the Office of the Assistant Sec-
retary for Governmental Affairs; not to exceed $22,031,000 shall
be available for the Office of the Assistant Secretary for Administra-
tion; not to exceed $1,910,000 shall be available for the Office
of Public Affairs; not to exceed $1,442,000 shall be available for
the Office of the Executive Secretariat; not to exceed $697,000
shall be available for the Board of Contract Appeals; not to exceed
$1,265,000 shall be available for the Office of Small and Disadvan-
taged Business Utilization; not to exceed $2,033,000 for the Office
of Intelligence and Security; not to exceed $11,895,000 shall be
available for the Office of the Chief Information Officer; and not
to exceed $3,120,000 shall be available for the Office of Emergency
Transportation,
Treasury,
Housing and
Urban
Development, the
Judiciary, the
District of
Columbia, and
Independent
Agencies
Appropriations
Act, 2006.
Transportation,
Treasury,
Housing and
Urban
Development, the
Judiciary, and
Independent
Agencies
Appropriations
Act, 2006.
Department of
Transportation
Appropriations
Act, 2006.
Nov. 30, 2005
[H.R. 3058]
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119 STAT. 2397
PUBLIC LAW 109–115—NOV. 30, 2005
Transportation: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation within
the Department for official reception and representation expenses
as the Secretary may determine: Provided further, That notwith-
standing any other provision of law, excluding fees authorized in
Public Law 107–71, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $8,550,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $15,000,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $118,014,000, shall be
paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on
a competitive basis to entities within the Department of Transpor-
tation: Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided further,
That no funds appropriated in this Act to an agency of the Depart-
ment shall be transferred to the Working Capital Fund without
the approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the
House and Senate Committees on Appropriations and are approved
by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000. In addition,
for administrative expenses to carry out the guaranteed loan pro-
gram, $400,000.
Notice.
Notice.
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119 STAT. 2398
PUBLIC LAW 109–115—NOV. 30, 2005
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until September
30, 2007: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $60,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Pro-
vided, That, in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That, if the funds under this heading are insufficient to meet
the costs of the essential air service program in the current fiscal
year, the Secretary shall transfer such sums as may be necessary
to carry out the essential air service program from any available
amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
NEW HEADQUARTERS BUILDING
For necessary expenses of the Department of Transportation’s
new headquarters building and related services, $50,000,000, to
remain available until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activi-
ties related to commercial space transportation, administrative
expenses for research and development, establishment of air naviga-
tion facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 108–176, $8,036,000,000, of which $5,541,000,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $6,629,000,000 shall be available for air traffic
organization activities; not to exceed $958,542,000 shall be available
for aviation regulation and certification activities; not to exceed
$11,759,000 shall be available for commercial space transportation
activities; not to exceed $50,983,000 shall be available for financial
services activities; not to exceed $69,943,000 shall be available
for human resources program activities; not to exceed $150,744,000
shall be available for region and center operations and regional
coordination activities; not to exceed $142,000,000 shall be available
for staff offices; and not to exceed $36,112,000 shall be available
for information services: Provided, That not to exceed 2 percent
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119 STAT. 2399
PUBLIC LAW 109–115—NOV. 30, 2005
of any budget activity, except for aviation regulation and certifi-
cation budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may increase
or decrease any appropriation by more than 2 percent: Provided
further, That any transfer in excess of 2 percent shall be treated
as a reprogramming of funds under section 710 of this Act and
shall not be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section: Provided further,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regu-
lation that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation
funds received from States, counties, municipalities, foreign authori-
ties, other public authorities, and private sources, for expenses
incurred in the provision of agency services, including receipts
for the maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates, including air-
man, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not
less than $7,500,000 shall be for the contract tower cost-sharing
program: Provided further, That funds may be used to enter into
a grant agreement with a nonprofit standard-setting organization
to assist in the development of aviation safety standards: Provided
further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium
pay: Provided further, That none of the funds in this Act may
be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided further,
That none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That none
of the funds in this Act may be obligated or expended for an
employee of the Federal Aviation Administration to purchase a
store gift card or gift certificate through use of a Government-
issued credit card. In addition, $150,000,000 is for costs associated
with the flight service station transition.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle
VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters
and related accommodations for officers and employees of the Fed-
eral Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
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119 STAT. 2400
PUBLIC LAW 109–115—NOV. 30, 2005
or transfer of aircraft from funds available under this heading;
to be derived from the Airport and Airway Trust Fund,
$2,540,000,000, of which $2,110,789,500 shall remain available until
September 30, 2008, and of which $429,210,500 shall remain avail-
able until September 30, 2006: Provided, That there may be credited
to this appropriation funds received from States, counties, munici-
palities, other public authorities, and private sources, for expenses
incurred in the establishment and modernization of air navigation
facilities: Provided further, That upon initial submission to the
Congress of the fiscal year 2007 President’s budget, the Secretary
of Transportation shall transmit to the Congress a comprehensive
capital investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years
2007 through 2011, with total funding for each year of the plan
constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construc-
tion of experimental facilities and acquisition of necessary sites
by lease or grant, $138,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2008: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for air-
port planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspec-
tion activities and administration of airport safety programs,
including those related to airport operating certificates under sec-
tion 44706 of title 49, United States Code, $3,399,000,000 to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,550,000,000
in fiscal year 2006, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
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119 STAT. 2401
PUBLIC LAW 109–115—NOV. 30, 2005
other airport improvements that are necessary to install bulk explo-
sive detection systems: Provided further, That notwithstanding any
other provision of law, of funds limited under this heading, not
more than $71,096,000 shall be obligated for administration, not
less than $10,000,000 shall be available for the airport cooperative
research program, and not less than $10,000,000 shall be available
to carry out the Small Community Air Service Development Pro-
gram, to remain available until expended: Provided further, That
not later than December 31, 2015, the owner or operator of an
airport certificated under 49 U.S.C. 44706 shall improve the air-
port’s runway safety areas to comply with the Federal Aviation
Administration design standards required by 14 CFR part 139:
Provided further, That the Federal Aviation Administration shall
report annually to the Congress on the agency’s progress toward
improving the runway safety areas at 49 U.S.C. 44706 airports.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the amounts authorized for the fiscal year ending September
30, 2006 and prior years under sections 48103 and 48112 of title
49, United States Code, $1,032,000,000 are rescinded.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
SEC. 101. Notwithstanding any other provision of law, airports
may transfer without consideration to the Federal Aviation
Administration (FAA) instrument landing systems (along with asso-
ciated approach lighting equipment and runway visual range equip-
ment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid pro-
gram, airport development aid program or airport improvement
program grant: Provided, That the Federal Aviation Administration
shall accept such equipment, which shall thereafter be operated
and maintained by FAA in accordance with agency criteria.
SEC. 102. None of the funds in this Act may be used to com-
pensate in excess of 375 technical staff-years under the federally
funded research and development center contract between the Fed-
eral Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2006.
SEC. 103. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 104. The Administrator of the Federal Aviation Adminis-
tration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided,
That during fiscal year 2006, 49 U.S.C. 41742(b) shall not apply,
and any amount remaining in such account at the close of that
49 USC 44502
note.
Reports.
Deadline.
49 USC 44706
note.
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119 STAT. 2402
PUBLIC LAW 109–115—NOV. 30, 2005
fiscal year may be made available to satisfy section 41742(a)(1)
for the subsequent fiscal year.
SEC. 105. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
SEC. 106. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro Airport in Teterboro, New Jersey.
SEC. 107. None of the funds made available in this Act shall
be used for engineering work related to an additional runway at
Louis Armstrong New Orleans International Airport.
SEC. 108. (a) Section 44302(f)(1) of title 49, United States
Code, is amended by striking ‘‘2005,’’ each place it appears and
inserting ‘‘2006,’’.
(b) Section 44303(b) of such title is amended by striking ‘‘2005,’’
and inserting ‘‘2006,’’.
SEC. 109. Section 47114(c)(1) of title 49, United States Code,
is amended by adding the following new paragraph at the end:
‘‘(G) SPECIAL RULE FOR FISCAL YEAR 2006.—Notwith-
standing subparagraph (A) and the absence of scheduled
passenger aircraft service at an airport, the Secretary may
apportion in fiscal year 2006 to the sponsor of the airport
an amount equal to $500,000, if the Secretary finds that—
‘‘(i) the passenger boardings at the airport were
below 10,000 in calendar year 2004;
‘‘(ii) the airport had at least 10,000 passenger
boardings and scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
‘‘(iii) the reason that passenger boardings described
in clause (i) were below 10,000 was the decrease in
passengers following the terrorist attacks of September
11, 2001.’’.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $364,638,000, shall
be paid in accordance with law from appropriations made available
by this Act to the Federal Highway Administration together with
advances and reimbursements received by the Federal Highway
Administration.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
are in excess of $36,032,343,903 for Federal-aid highways and high-
way safety construction programs for fiscal year 2006: Provided,
That within the $36,032,343,903 obligation limitation on Federal-
aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or
execution of programs for transportation research (chapter 5 of
23 USC 104 note.
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119 STAT. 2403
PUBLIC LAW 109–115—NOV. 30, 2005
title 23, United States Code; sections 111, 5505, and 5506 of title
49, United States Code; and title 5 of Public Law 109–59) for
fiscal year 2006: Provided further, That this limitation on transpor-
tation research programs shall not apply to any authority previously
made available for obligation: Provided further, That the Secretary
may, as authorized by section 605(b) of title 23, United States
Code, collect and spend fees to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal govern-
ment of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Pro-
vided further, That such amounts are in addition to administrative
expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administra-
tive expenses under section 608 of title 23, United States Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for carrying out
the provisions of title 23, United States Code, that are attributable
to Federal-aid highways, not otherwise provided, including
reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $36,032,343,903 or so much thereof as may be
available in and derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
(RESCISSION)
(HIGHWAY TRUST FUND)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $1,999,999,000
are rescinded: Provided, That such rescission shall not apply to
the funds distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C.
133(d)(1) as in effect prior to the date of enactment of Public
Law 109–59, the first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C.
104(b)(5), or 23 U.S.C. 163 as in effect prior to the enactment
of Public Law 109–59.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for the Appalachian Development High-
way System as authorized under section 1069(y) of Public Law
102–240, as amended, $20,000,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
SEC. 110. (a) For fiscal year 2006, the Secretary of Transpor-
tation shall—
(1) not distribute from the obligation limitation for Federal-
aid highways amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States Code;
programs funded from the administrative takedown authorized
by section 104(a)(1) of title 23, United States Code (as in
effect on the date before the date of enactment of the Safe,
23 USC 104 note.
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PUBLIC LAW 109–115—NOV. 30, 2005
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users); the highway use tax evasion program; the
Bureau of Transportation Statistics; the programs, projects,
and activities funded from the takedown authorized by section
112 of this Act; and the unobligated balances of funds made
available for programs, projects, and activities funded from
the takedown authorized by section 117 of title I of division
H of the Consolidated Appropriations Act, 2005 (Public Law
108–447) for which no obligation limitation has previously been
made available;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated bal-
ance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under para-
graphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated
for provisions of law described in paragraphs (1) through
(9) of subsection (b) and sums authorized to be appropriated
for section 105 of title 23, United States Code, equal to
the amount referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for
each project numbered 1 through 3676 listed in the table con-
tained in section 1702 of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users) and 144(g)
of title 23, United States Code; and section 14501 of title
40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graph (4), for each of the programs that are allocated by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code (other than to programs to which para-
graphs (1) and (4) apply), by multiplying the ratio determined
under paragraph (3) by the amounts authorized to be appro-
priated for each such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
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119 STAT. 2405
PUBLIC LAW 109–115—NOV. 30, 2005
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that
the amounts apportioned for the equity bonus program for
the fiscal year are greater than $2,639,000,000, and the Appa-
lachian development highway system program) that are appor-
tioned by the Secretary under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users and
title 23, United States Code, in the ratio that—
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the amounts authorized to be appro-
priated for such programs that are apportioned to all States
for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under subsections (b) and (j) of section 131 of the Surface Transpor-
tation Assistance Act of 1982; (5) under subsections (b) and (c)
of section 149 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; (6) under sections 1103 through 1108 of
the Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in effect
on the day before the date of the enactment of the Transportation
Equity Act for the 21st Century; (8) under section 105 of title
23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of
those fiscal years; (9) for Federal-aid highway programs for which
obligation authority was made available under the Transportation
Equity Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to the
extent that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005
and 2006; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
to the extent that funds obligated in accordance with that section
were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (a), the Secretary shall, after August 1
of such fiscal year, revise a distribution of the obligation limitation
made available under subsection (a) if the amount distributed
cannot be obligated during that fiscal year and redistribute suffi-
cient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year, giving pri-
ority to those States having large unobligated balances of funds
apportioned under sections 104 and 144 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, and title V (research title) of
Effective date.
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the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users, except that obligation authority made available
for such programs under such limitation shall remain available
for a period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-aid
highway and highway safety construction programs for future fiscal
years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to
the States, and will not be available for obligation, in
such fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) AVAILABILITY.—Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) SPECIAL LIMITATION CHARACTERISTICS .—Obligation limita-
tion distributed for a fiscal year under subsection (a)(1) for pro-
grams, projects, and activities funded from the takedown authorized
by section 117 of title I of division H of Public Law 108–447
and under subsection (a)(4) for the provision specified in subsection
(a)(4) shall—
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) HIGH PRIORITY PROJECT FLEXIBILITY.—
(1) IN
GENERAL.—Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection (a)(4)
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users may
be obligated for any other project in such section in the same
State.
(2) RESTORATION.— Obligation authority used as described
in paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation under
paragraph (1).
(h) LIMITATION
ON STATUTORY CONSTRUCTION.—N othing in
this section shall be construed to limit the distribution of obligation
authority under subsection (a)(4)(A) for each of the individual
projects numbered greater than 3676 listed in the table contained
in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users.
SEC. 111. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant to 49 U.S.C. 111
Deadline.
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may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federal-
aid highways and highway safety construction.
SEC. 112. Notwithstanding any other provision of law, whenever
an allocation is made of the sums authorized to be appropriated
for expenditure on the Federal lands highway program, and when-
ever an apportionment is made of the sums authorized to be appro-
priated for the surface transportation program, the congestion miti-
gation and air quality improvement program, the National Highway
System, the Interstate maintenance program, the bridge program,
the Appalachian development highway system, and the equity bonus
program, the Secretary of Transportation shall deduct a sum in
such amount not to exceed 2.75 percent of all sums so authorized:
Provided, That of the amount so deducted in accordance with this
section, $600,000,000 shall be made available for surface transpor-
tation projects and $25,000,000 shall be made available for highway
priority projects as identified under this section in the statement
of the managers accompanying this Act: Provided further, That
notwithstanding any other provision of law and the preceding
clauses of this provision, the Secretary of Transportation may use
amounts made available by this section to make grants for any
surface transportation project otherwise eligible for funding under
title 23 or title 49, United States Code: Provided further, That
funds made available under this section, at the request of a State,
shall be transferred by the Secretary to another Federal agency:
Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds made avail-
able under this section shall be 100 percent: Provided further,
That the sum deducted in accordance with this section shall remain
available until expended: Provided further, That all funds made
available under this section shall be subject to any limitation on
obligations for Federal-aid highways and highway safety construc-
tion programs set forth in this Act or any other Act: Provided
further, That the obligation limitation made available for the pro-
grams, projects, and activities for which funds are made available
under this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on obliga-
tions for Federal-aid highway and highway safety construction pro-
grams for future fiscal years.
SEC. 113. Notwithstanding any other provision of law, projects
and activities described in the statement of managers accompanying
this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal
Transit Administration’’ shall be eligible for fiscal year 2006 funds
made available for the project for which each project or activity
is so designated: Provided, That the Federal share payable on
account of any such projects and activities subject to this section
shall be the same as the share required by the Federal program
under which each project or activity is designated unless otherwise
provided in this Act.
SEC. 114. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.—
Subject to subsection (b), the Secretary of Transportation may
expend from any funds appropriated for expenditure in accordance
with title 23, United States Code, for payment of debt service
by the States of Arizona and Nevada on notes issued for the bypass
bridge project at Hoover Dam, pending appropriation or replenish-
ment for that project.
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PUBLIC LAW 109–115—NOV. 30, 2005
(b) REIMBURSEMENT.—Funds expended under subsection (a)
shall be reimbursed from the funds made available to the States
of Arizona and Nevada for payment of debt service on notes issued
for the bypass bridge project at Hoover Dam.
SEC. 115. Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951)
is amended by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) STATE ACTION.—
‘‘(A) WEIGHT LIMITATIONS.—For the period beginning
on the date of enactment of this subparagraph and ending
on September 30, 2009, a covered State, including any
political subdivision of such State, may not enforce a single
axle weight limitation of less than 24,000 pounds, including
enforcement tolerances, on any vehicle referred to in para-
graph (1) in any case in which the vehicle is using the
Interstate System.
‘‘(B) COVERED STATE DEFINED.—In this paragraph, the
term ‘covered State’ means a State that has enforced, in
the period beginning on October 6, 1992, and ending on
the date of enactment of this subparagraph, a single axle
weight limitation of 20,000 pounds or greater but less
than 24,000 pounds, including enforcement tolerances, on
any vehicle referred to in paragraph (1) in any case in
which the vehicle is using the Interstate System.’’.
SEC. 116. Notwithstanding any other provision of law, access
to the I–5 ‘‘Transit Only’’ ramps at NE 163rd in Shoreline, Wash-
ington, shall be expanded to include King County Solid Waste
Division transfer vehicles upon the determination of the Federal
Highway Administrator that necessary safety improvements have
been completed.
SEC. 117. DESIGNATION OF MAX M. FISHER MEMORIAL HIGHWAY.
(a) DESIGNATION.—The portion of highway US–24 in the State
of Michigan, beginning at Interstate 96 and extending north to
Interstate 75 at exit 93 west of Clarkston, shall be known and
designated as the ‘‘Max M. Fisher Memorial Highway’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the high-
way portion referred to in subsection (a) shall be deemed to be
a reference to the ‘‘Max M. Fisher Memorial Highway’’.
SEC. 118. Notwithstanding any other provision of law, funds
provided in Public Law 108–7 under the heading ‘‘Federal-aid High-
ways’’ for intelligent transportation system projects and designated
for Gettysburg Borough Signal Coordination and Upgrade-Signaliza-
tion; Adams County, Pennsylvania shall be available for Gettysburg
Borough and Surrounding Municipalities Signal Coordination and
Upgrade-Signalization; Adams County, Pennsylvania.
Pennsylvania.
Michigan.
Washington.
Effective date.
Termination
date.
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PUBLIC LAW 109–115—NOV. 30, 2005
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i)
of title 49, United States Code, and sections 4127 and 4134 of
Public Law 109–59, $213,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with
advances and reimbursements received by the Federal Motor Car-
rier Safety Administration, the sum of which shall remain available
until expended: Provided, That none of the funds derived from
the Highway Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the
obligations for which are in excess of $213,000,000, for ‘‘Motor
Carrier Safety Operations and Programs’’, of which $10,084,000,
to remain available for obligation until September 30, 2008, is
for the research and technology program and $1,000,000 shall be
available for commercial motor vehicle operator’s grants to carry
out section 4134 of Public Law 109–59: Provided further, That
notwithstanding any other provision of law, none of the funds
under this heading for outreach and education shall be available
for transfer.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out sections
31102, 31104, 31106, 31107, 31109, 31309, 31313 of title 49, United
States Code, and sections 4126 and 4128 of Public Law 109–59,
$282,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $282,000,000, for ‘‘Motor
Carrier Safety Grants’’; of which $188,000,000 shall be available
for the motor carrier safety assistance program to carry out sections
31102 and 31104 of title 49, United States Code; $25,000,000 shall
be available for the commercial driver’s license improvements pro-
gram to carry out section 31313 of title 49, United States Code;
$32,000,000 shall be available for the border enforcement grants
program to carry out section 31107 of title 49, United States Code;
$5,000,000 shall be available for the performance and registration
information system management program to carry out sections
31106 and 31109 of title 49, United States Code; $25,000,000 shall
be available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of Public
Law 109–59; $2,000,000 shall be available for the safety data
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PUBLIC LAW 109–115—NOV. 30, 2005
improvement program to carry out section 4128 of Public Law
109–59; and $5,000,000 shall be available for the commercial
driver’s license information system modernization program to carry
out section 31309 of title 49, United States Code: Provided further,
That of the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits of
new entrant motor carriers.
ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
SEC. 120. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87, including that the Secretary submit a report
to the House and Senate Appropriations Committees annually on
the safety and security of transportation into the United States
by Mexico-domiciled motor carriers.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to discharge the functions of the Sec-
retary, with respect to traffic and highway safety under chapter
301 of title 49, United States Code, and part C of subtitle VI
of title 49, United States Code, $122,457,000, to be derived from
the sum authorized to be deducted under section 112 of this Act
and transferred to the National Highway Traffic Safety Administra-
tion upon enactment of this Act, of which $96,301,000 shall remain
available until September 30, 2006 and $26,156,000 shall remain
available until September 30, 2008: Provided, That such funds
shall be transferred to and administered by the National Highway
Traffic Safety Administration: Provided further, That none of the
funds appropriated by this Act may be obligated or expended to
plan, finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any require-
ment pertaining to a grading standard that is different from the
three grading standards (treadwear, traction, and temperature
resistance) already in effect: Provided further, That all funds made
available under this heading shall be subject to any limitation
on obligations for Federal-aid highways and highway safety
construction programs set forth in this Act or any other Act: Pro-
vided further, That the obligation limitation made available for
the programs, projects, and activities for which funds are made
available under this heading shall remain available as specified
and shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety construc-
tion programs for future fiscal years.
Applicability.
Reports.
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OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provi-
sions of 23 U.S.C. 403, to remain available until expended,
$110,000,000, to be derived from the Highway Trust Fund: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2006, are in excess of $110,000,000 for programs
authorized under 23 U.S.C. 403.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,000,000, to be derived from
the Highway Trust Fund and remain available until September
30, 2007: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
obligations for which are in excess of $4,000,000 for the National
Driver Register authorized under chapter 303 of title 49, United
States Code.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provi-
sions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain
available until expended, $578,176,000 to be derived from the High-
way Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2006, are in excess of $578,176,000 for programs
authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which
$217,000,000 shall be for ‘‘Highway Safety Programs’’ under 23
U.S.C. 402, $25,000,000 shall be for ‘‘Occupant Protection Incentive
Grants’’ under 23 U.S.C. 405, $124,500,000 shall be for ‘‘Safety
Belt Performance Grants’’ under 23 U.S.C. 406, $34,500,000 shall
be for ‘‘State Traffic Safety Information System Improvements’’
under 23 U.S.C. 408, $120,000,000 shall be for ‘‘Alcohol-Impaired
Driving Countermeasures Incentive Grant Program’’ under 23
U.S.C. 410, $16,176,000 shall be for ‘‘Administrative Expenses’’
under section 2001(a)(11) of Public Law 109–59, $29,000,000 shall
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be for ‘‘High Visibility Enforcement Program’’ under section 2009
of Public Law 109–59, $6,000,000 shall be for ‘‘Motorcyclist Safety’’
under section 2010 of Public Law 109–59, and $6,000,000 shall
be for ‘‘Child Safety and Child Booster Seat Safety Incentive Grants’’
under section 2011 of Public Law 109–59: Provided further, That
none of these funds shall be used for construction, rehabilitation,
or remodeling costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further, That
not to exceed $500,000 of the funds made available for section
410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be
available for technical assistance to the States: Provided further,
That not to exceed $750,000 of the funds made available for the
‘‘High Visibility Enforcement Program’’ shall be available for the
evaluation required under section 2009(f) of Public Law 109–59.
ADMINISTRATIVE PROVISION—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
SEC. 125. Notwithstanding any other provision of law or limita-
tion on the use of funds made available under section 403 of
title 23, United States Code, an additional $130,000 shall be made
available to the National Highway Traffic Safety Administration,
out of the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State management
reviews and to pay for core competency development training and
related expenses for highway safety staff.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $145,949,000, of which $13,856,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$55,075,000, to remain available until expended, of which
$6,500,000 shall be available for positive train control projects
and $7,190,000 shall be available for grants for rail corridor plan-
ning, development and improvement and Federal share payable
under such grants shall be 50 percent.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2006.
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ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $10,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain avail-
able until expended.
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for operation
of intercity passenger rail, $495,000,000, to remain available until
expended: Provided, That the Secretary of Transportation shall
approve funding to cover operating losses for the National Railroad
Passenger Corporation only after receiving and reviewing a grant
request for each specific train route: Provided further, That each
such grant request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure projection
justifying the Federal support to the Secretary’s satisfaction: Pro-
vided further, That the Secretary of Transportation shall reserve
$60,000,000 of the funds provided under this heading and is author-
ized to transfer such sums to the Surface Transportation Board,
upon request from said Board, to carry out directed service orders
issued pursuant to section 11123 of title 49, United States Code,
to respond to the cessation of commuter rail operations by the
National Railroad Passenger Corporation: Provided further, That
the Secretary of Transportation shall make the reserved funds
available to the National Railroad Passenger Corporation through
an appropriate grant instrument not earlier than September 1,
2006 to the extent that no directed service orders have been issued
by the Surface Transportation Board as of the date of transfer
or there is a balance of reserved funds not needed by the Board
to pay for any directed service order issued through September
30, 2006: Provided further, That the Corporation is directed to
achieve savings through operating efficiencies including, but not
limited to, modifications to food and beverage service and first
class service: Provided further, That the Inspector General of the
Department of Transportation shall report to the House and Senate
Committees on Appropriations beginning on January 3, 2006 and
quarterly thereafter with estimates of the savings accrued as a
result of all operational reforms instituted by the National Railroad
Passenger Corporation: Provided further, That if the Inspector Gen-
eral cannot certify that the Corporation has achieved operational
savings by July 1, 2006, none of the funds in this Act may be
used after July 1, 2006, to subsidize the net losses of food and
beverage service and sleeper car service on any Amtrak route:
Provided further, That of the funds provided under this section,
not less than $5,000,000 shall be expended for the development
and implementation of a managerial cost accounting system, which
includes average and marginal unit cost capability: Provided fur-
ther, That within 30 days of development of the managerial cost
accounting system, the Department of Transportation Inspector
General shall review and comment to the Secretary of Transpor-
tation and the House and Senate Committees on Appropriations
upon the strengths and weaknesses of the system and how it
best can be implemented to improve decision making by the Board
of Directors and management of the Corporation: Provided further,
Deadline.
Deadline.
Reports.
Deadlines.
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That not later than 60 days after enactment of this Act, Amtrak
shall transmit, in electronic format, to the Secretary of Transpor-
tation, the House and Senate Committees on Appropriations, the
House Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transportation a
comprehensive business plan approved by the Board of Directors
for fiscal year 2006 under section 24104(a) of title 49, United
States Code: Provided further, That the business plan shall include,
as applicable, targets for ridership, revenues, and capital and oper-
ating expenses: Provided further, That the plan shall also include
a separate accounting of such targets for the Northeast Corridor;
commuter service; long-distance Amtrak service; State-supported
service; each intercity train route, including Autotrain; and commer-
cial activities including contract operations: Provided further, That
the business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business plan: Provided
further, That the Corporation shall continue to provide monthly
reports in electronic format regarding the pending business plan,
which shall describe the work completed to date, any changes
to the business plan, and the reasons for such changes, and shall
identify all sole source contract awards which shall be accompanied
by a justification as to why said contract was awarded on a sole
source basis: Provided further, That none of the funds in this
Act may be used for operating expenses, including advance purchase
orders, not approved by the Secretary of Transportation or on
the National Railroad Passenger Corporation’s fiscal year 2006
business plan: Provided further, That Amtrak shall display the
business plan and all subsequent supplemental plans on the Cor-
poration’s website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none
of the funds under this heading may be obligated or expended
until the National Railroad Passenger Corporation agrees to con-
tinue abiding by the provisions of paragraphs 1, 2, 3, 5, 9, and
11 of the summary of conditions for the direct loan agreement
of June 28, 2002, in the same manner as in effect on the date
of enactment of this Act: Provided further, That none of the funds
provided in this Act may be used after March 1, 2006, to support
any route on which Amtrak offers a discounted fare of more than
50 percent off the normal, peak fare.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
maintenance and repair of capital infrastructure owned by the
National Railroad Passenger Corporation, including railroad equip-
ment, 
rolling 
stock, 
legal 
mandates 
and 
other 
services,
$780,000,000, to remain available until expended, of which not
to exceed $280,000,000 shall be for debt service obligations: Pro-
vided, That the Secretary of Transportation shall approve funding
for capital expenditures, including advance purchase orders, for
the National Railroad Passenger Corporation only after receiving
and reviewing a grant request for each specific capital grant justi-
fying the Federal support to the Secretary’s satisfaction: Provided
further, That none of the funds under this heading may be used
to subsidize operating losses of the National Railroad Passenger
Internet.
Public
information.
Reports.
Contracts.
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Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the
Secretary of Transportation or on the National Railroad Passenger
Corporation’s fiscal year 2006 business plan: Provided further, That
the Secretary shall determine the cost to the Corporation for the
annual Northeast Corridor capital and maintenance costs attrib-
utable to commuter rail operations over said Corridor: Provided
further, That these costs shall be calculated by the Secretary based
on the train mile usage of each commuter rail authority as a
percentage of the total number of annual train miles used by
all users of the Northeast Corridor or by whatever measure the
Secretary believes to be most appropriate: Provided further, That,
notwithstanding any other provision of law, the Secretary shall
assess fees to each commuter rail authority for any direct capital
or maintenance costs associated with that rail authority’s usage
of the corridor: Provided further, That such assessments shall
account fully for whatever direct annual contributions are already
being made by each commuter authority for such Northeast Corridor
capital and maintenance expenses in that fiscal year: Provided
further, That the revenues from such fees shall be merged with
this appropriation and be available for obligation and expenditure
consistent with the terms and conditions of this paragraph: Provided
further, That the Secretary shall transmit to Congress a monthly
accounting of charges levied in accordance with the preceding pro-
viso.
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
For an additional amount to be made available to the Secretary
for efficiency incentive grants to the National Railroad Passenger
Corporation, $40,000,000, to remain available until expended: Pro-
vided, That the Secretary may make grants to the National Railroad
Passenger Corporation for an additional sum for operating subsidies
at any time during the fiscal year for the purpose of maintaining
the operation of existing Amtrak routes: Provided further, That
nothing in the previous proviso should be interpreted either to
encourage or discourage the Corporation with respect to adjusting
existing routes or frequencies: Provided further, That the Secretary
may make grants for operating subsidies at any time during the
fiscal year in order to avert the Corporation’s entry into bankruptcy
proceedings: Provided further, That prior to awarding additional
operating grants for the purpose of the preceding proviso, the Sec-
retary and the Inspector General of the Department of Transpor-
tation shall certify to the Committees on Appropriations of the
House of Representatives and the Senate that such grants are
necessary to prevent the Corporation from entering bankruptcy:
Provided further, That if the Secretary and the Inspector General
deem that sufficient operating funds are available to continue oper-
ations through the end of fiscal year 2006, then, as of September
1, 2006, the Secretary may make grants to the National Railroad
Passenger Corporation at such times and in such amounts for
capital improvements that have a direct and measurable short-
term impact on reducing operating losses of the National Railroad
Passenger Corporation.
Certification.
Records.
Fees.
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ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
SEC. 130. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to accomplish
the purposes of 49 U.S.C. 20134: Provided, That the Secretary
shall prescribe guidelines for the administration of such purchases
and use.
SEC. 131. Notwithstanding any other provision of law, from
funds made available to the Federal Railroad Administration under
the heading ‘‘Next Generation High-Speed Rail’’ in the Consolidated
Appropriations Act of 2005 (Public Law 108–447), the Secretary
of Transportation shall award a grant in the amount of $500,000
to the Maine Department of Transportation for Safety and Mitiga-
tion Rail Relocation in Auburn, Maine.
SEC. 132. Notwithstanding any other provision of law, funds
made available to the Federal Railroad Administration for the
Illinois statewide highway-rail crossing safety program on page
1420 of the Joint Explanatory Statement of the Committee of Con-
ference for Public Law 108–447 (House Report 108–792) shall be
made available to the Illinois Commerce Commission for the Public
Education and Enforcement Research (PEERS) program to improve
rail-grade crossing safety through education and enforcement initia-
tives.
SEC. 133. Notwithstanding any existing Federal legislation,
from funds available to the Federal Railroad Administration under
the heading of ‘‘Next Generation High-Speed Rail’’ in the Consoli-
dated Appropriations Act of 2004, Public Law 108–199; the Sec-
retary of Transportation may award a grant of $1,000,000 to the
New Orleans Regional Planning Commission, New Orleans, Lou-
isiana for site planning and an update of the Master Plan for
the Union Passenger Terminal, located at New Orleans, Louisiana.
SEC. 134. Notwithstanding any other provision of law, funds
made available to the Federal Railroad Administration for the Spo-
kane Region High Speed Rail Corridor Study on page 1420 of
the Joint Explanatory Statement of the Committee of Conference
for Public Law 108–447 (House Report 108–792) shall be made
available to the Washington State Department of Transportation
for grade crossing and related improvements under the Bridging
the Valley project between Spokane County, Washington and
Kootenai County, Idaho.
SEC. 135. Of the $40,000,000 provided under the heading ‘‘Effi-
ciency Incentive Grants to the National Railroad Passenger Cor-
poration’’, and notwithstanding limitation language contained
therein, $8,300,000 shall be made available immediately upon enact-
ment of this Act only for a revenue service demonstration of not
less than 5,500 carload shipments of premium temperature-con-
trolled express.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $80,000,000: Provided, That of the funds avail-
able under this heading, not to exceed $925,000 shall be available
for the Office of the Administrator; not to exceed $7,325,000 shall
be available for the Office of Administration; not to exceed
Washington.
Illinois.
Grants.
Maine.
Guidelines.
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$4,058,200 shall be available for the Office of the Chief Counsel;
not to exceed $1,359,300 shall be available for the Office of Commu-
nication and Congressional Affairs; not to exceed $7,985,900 shall
be available for the Office of Program Management; not to exceed
$8,732,500 shall be available for the Office of Budget and Policy;
not to exceed $4,763,900 shall be available for the Office of Dem-
onstration and Innovation; not to exceed $3,153,100 shall be avail-
able for the Office of Civil Rights; not to exceed $4,127,300 shall
be available for the Office of Planning; not to exceed $20,754,000
shall be available for regional offices; and not to exceed $16,815,800
shall be available for the central account: Provided further, That
the Administrator is authorized to transfer funds appropriated for
an office of the Federal Transit Administration: Provided further,
That no appropriation for an office shall be increased or decreased
by more than a total of 5 percent during the fiscal year by all
such transfers: Provided further, That any change in funding greater
than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That any
funding transferred from the central account shall be submitted
for approval to the House and Senate Committees on Appropria-
tions: Provided further, That none of the funds provided or limited
in this Act may be used to create a permanent office of transit
security under this heading: Provided further, That of the funds
in this Act available for the execution of contracts under section
5327(c) of title 49, United States Code, $2,000,000 shall be
reimbursed to the Department of Transportation’s Office of
Inspector General for costs associated with audits and investigations
of transit-related issues, including reviews of new fixed guideway
systems: Provided further, That upon submission to the Congress
of the fiscal year 2007 President’s budget, the Secretary of Transpor-
tation shall transmit to Congress the annual report on new starts,
including proposed allocations of funds for fiscal year 2007.
FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(INCLUDING TRANSFER OF FUNDS)
For payment of obligations incurred in carrying out the provi-
sions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320,
5335, 5339, and 5340 and section 3038 of Public Law 105–178,
as amended, $1,500,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation
or execution of programs authorized under 49 U.S.C. 5305, 5307,
5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339, and 5340 and
section 3038 of Public Law 105–178, as amended, shall not exceed
total obligations of $6,979,931,000 in fiscal year 2006: Provided
further, That of the funds made available to carry out capital
projects to modernize fixed guideway systems authorized under
49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the Capital
Investment Grants account and made available to carry out new
fixed guideway capital projects identified in this Act and in accord-
ance with the applicable provisions of 49 U.S.C. 5309: Provided
further, That except as provided in section 3044(b)(1) of Public
Reports.
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PUBLIC LAW 109–115—NOV. 30, 2005
Law 109–59, funds made available to carry out 49 U.S.C. 5308
shall instead be available to carry out 49 U.S.C. 5309(b)(3).
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312–
5315, 5322, and 5506, $75,200,000, to remain available until
expended: Provided, That $9,000,000 is available to carry out the
transit cooperative research program under section 5313 of title
49, United States Code, $4,300,000 is available for the National
Transit Institute under section 5315 of title 49, United States
Code, $7,000,000 is available for university transportation centers
program under section 5506 of title 49, United States Code: Pro-
vided further, That $54,200,000 is available to carry out national
research programs under sections 5312, 5313, 5314, and 5322 of
title 49, United States Code.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,455,234,000, to remain available until
expended as follows:
ACE Gap Closure San Joaquin County, California,
$5,000,000.
Alaska and Hawaii ferry projects, $15,000,000.
Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.
Atlanta Beltline/C-Loop, Georgia, $1,000,000.
Baltimore Central Light Rail Double Track Project, Mary-
land, $12,420,000.
Baltimore Red Line and Green Line, Maryland, $2,000,000.
Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.
Central 
Corridor/St. 
Paul—Minneapolis, 
Minnesota,
$2,000,000.
Central Florida Commuter Rail, $11,000,000.
Central Phoenix/East Valley LRT, Arizona, $90,000,000.
Charlotte South Corridor Light Rail Project, North Caro-
lina, $55,000,000.
City of Miami Streetcar, Florida, $2,000,000.
City of Rock Hill Trolley Study, South Carolina, $400,000.
Commuter Rail, Albuquerque to Santa Fe, New Mexico,
$500,000.
Commuter Rail, Utah, $9,000,000.
CORRIDORone 
Regional 
Rail 
Project, 
Pennsylvania,
$1,500,000.
CTA Douglas Blue Line, Illinois, $45,150,000.
CTA Ravenswood Brown Line, Illinois, $40,000,000.
CTA Yellow Line, Illinois, $1,000,000.
Dallas Northwest/Southeast Light Rail MOS, Texas,
$12,000,000.
Denali Commission, Alaska, $5,000,000.
Detroit Center City Loop, Michigan, $4,000,000.
Dulles 
Corridor 
Rapid 
Transit 
Project, 
Virginia,
$26,000,000.
East Corridor Commuter Rail, Nashville, Tennessee,
$6,000,000.
East Side Access Project, New York, $340,000,000.
Euclid Corridor Transportation Project, Ohio, $24,774,513.
Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.
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Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000.
Hartford-New Britain Busway, Connecticut, $6,000,000.
Houston METRO, Texas, $12,000,000.
Hudson-Bergen 
Light 
Rail 
MOS 
2, 
New 
Jersey,
$100,000,000.
Kansas City, Missouri, Southtown BRT, $12,300,000.
Metra, Illinois, $42,180,000.
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000.
Miami 
Dade 
County 
Metrorail 
Extension, 
Florida,
$10,000,000.
Mid-Coast Light Rail Transit Extension, California,
$7,160,000.
Mid-Jordan Light Rail Transit Line, Utah, $500,000.
Mission Valley East, California, $7,700,000.
N. Indiana Commuter Transit District Recapitalization,
$5,000,000.
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$12,315,000.;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000.
North Shore Connector, Pennsylvania, $55,000,000.
North Shore Corridor and Blue Line Extension, Massachu-
setts, $2,000,000.
Northeast Corridor Commuter Rail Project, Delaware,
$1,425,000.
Northern Branch Bergen County, New Jersey, $2,500,000.
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000.
Northwest New Jersey—Northeast Pennsylvania Passenger
Rail, $10,000,000.
Oceanside Escondido Rail Project, California, $12,210,000.
Odgen Avenue Transit Corridor/Circle Line, Illinois,
$1,000,000.
Regional Fixed Guideway Project, Nevada, $3,000,000.
Rhode Island Integrated Commuter Rail Project, Rhode
Island, $6,000,000.
San Francisco BART Extension to San Francisco Inter-
national Airport, California, $81,860,000.
San Francisco Muni Third Street Light Rail Project, Cali-
fornia, $25,000,000.
San Juan Tren Urbano, Puerto Rico, $8,045,487.
Santa Barbara Coast Rail Track Improvement Project, Cali-
fornia, $1,000,000.
Schuylkill Valley Metro, Pennsylvania, $4,000,000.
Seattle Sound Transit, Washington, $80,000,000.
Second Avenue Subway, New York, $25,000,000.
Silicon Valley Rapid Transit Corridor Project, Santa Clara
County, California, $6,500,000.
Silver Line Phase III, Massachusetts, $4,000,000.
Sounder Commuter Rail, Washington, $5,000,000.
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000.
Stamford Urban Transitway, Connecticut, $10,000,000.
Triangle Transit Authority Regional Rail System (Raleigh-
Durham), North Carolina, $20,000,000.
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Washington County Commuter Rail Project, Oregon,
$15,000,000.
West Corridor Light Rail, Colorado, $5,000,000.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
SEC. 140. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 141. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made avail-
able by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2008, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 142. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2005, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 143. Notwithstanding any other provision of law, unobli-
gated funds made available for a new fixed guideway systems
projects under the heading ‘‘Federal Transit Administration, Capital
Investment Grants’’ in any appropriations Act prior to this Act
may be used during this fiscal year to satisfy expenses incurred
for such projects.
SEC. 144. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)
may be used to construct new vessels and facilities, or to improve
existing vessels and facilities, including both the passenger and
vehicle-related elements of such vessels and facilities, and for repair
facilities: Provided, That not more than $3,000,000 of the funds
made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used
by the State of Hawaii to initiate and operate a passenger ferryboat
services demonstration project to test the viability of different intra-
island and inter-island ferry boat routes and technology: Provided
further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made
available for Alaska or Hawaii ferry boats may be used to acquire
passenger ferry boats and to provide passenger ferry transportation
services within areas of the State of Hawaii under the control
or use of the National Park Service.
SEC. 145. Amounts made available from the bus category of
the Capital Investment Grants Account or Discretionary Grants
Account in this or any other previous Appropriations Act that
remain unobligated or unexpended in a grant for a multimodal
transportation facility in Burlington, Vermont, may be used for
site-preparation and design purposes of a multimodal transportation
facility in a different location within Burlington, Vermont, than
originally intended notwithstanding previous expenditures incurred
such purposes at the original location.
SEC. 146. Notwithstanding any other provision of law, funds
designated in the conference report accompanying Public Law 108–
447 and Public Law 108–199 for the King County Metro Park
and Ride on First Hill, Seattle, Washington, shall be available
Washington.
49 USC 5338
note.
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to the Swedish Hospital parking garage, Seattle, Washington, sub-
ject to the same conditions and requirements of section 125 of
division H of Public Law 108–447.
SEC. 147. Funds in this Act that are apportioned to the
Charleston Area Regional Transportation Authority to carry out
section 5307 of title 49, United States Code, may be used to acquire
land, equipment, or facilities used in public transportation from
another governmental authority in the same geographic area: Pro-
vided, That the non-Federal share under section 5307 may include
revenues from the sale of advertising and concessions.
SEC. 148. Notwithstanding any other provision of law, any
unobligated funds designated to the Jacksonville Transportation
Authority, Community Transportation Coordinator Program under
the heading ‘‘Job Access and Reverse Commute Grants’’ in the
statement of the managers accompanying Public Law 108–199 may
be made available to the Jacksonville Transportation Authority
for any purpose authorized under the Job Access and Reverse
Commute program.
SEC. 149. Notwithstanding any other provision of law, any
funds made available to the South Shore Commuter Rail, Indiana,
project under the Federal Transit Administration Capital Invest-
ment Grants Account in division H of Public Law 108–447 that
remain available may be used for remodernization of the South
Shore Commuter Rail system.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained
by 
the 
Saint 
Lawrence 
Seaway 
Development 
Corporation,
$16,284,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $156,000,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $122,249,000 of which $23,750,000 shall remain
available until September 30, 2006, for salaries and benefits of
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employees of the United States Merchant Marine Academy; of which
$15,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy;
and of which $8,211,000 shall remain available until expended
for the State Maritime Schools Schoolship Maintenance and Repair.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete ves-
sels in the National Defense Reserve Fleet of the Maritime Adminis-
tration, $21,000,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,126,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
SEC. 150. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under control
of the Maritime Administration, and payments received therefore
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
SEC. 151. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise,
in excess of the appropriations and limitations contained in this
Act or in any prior appropriations Act.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Pipeline and Haz-
ardous Materials Safety Administration, $16,877,000, of which
$645,000 shall be derived from the Pipeline Safety Fund.
HAZARDOUS MATERIALS SAFETY
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $26,138,000, of which $1,847,000 shall remain
available until September 30, 2008: Provided, That up to $1,200,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
Contracts.
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further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemi-
nation, and for travel expenses incurred in performance of haz-
ardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$73,010,000, of which $15,000,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until Sep-
tember 30, 2008; of which $58,010,000 shall be derived from the
Pipeline Safety Fund, of which $24,000,000 shall remain available
until September 30, 2008: Provided, That not less than $1,000,000
of the funds provided under this heading shall be for the one-
call State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2007: Provided, That not more than
$14,300,000 shall be made available for obligation in fiscal year
2006 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):
Provided further, That none of the funds made available by 49
U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for
obligation by individuals other than the Secretary of Transportation,
or his designee.
RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION
RESEARCH AND DEVELOPMENT
For necessary expenses of the Research and Innovative Tech-
nology Administration, $5,774,000, of which $1,121,000 shall remain
available until September 30, 2008: Provided, That there may be
credited to this appropriation, to be available until expended, funds
received from States, counties, municipalities, other public authori-
ties, and private sources for expenses incurred for training.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $62,499,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties speci-
fied in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
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119 STAT. 2424
PUBLIC LAW 109–115—NOV. 30, 2005
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department: Provided further, That
the funds made available under this heading shall be used to
investigate, pursuant to section 41712 of title 49, United States
Code: (1) unfair or deceptive practices and unfair methods of com-
petition by domestic and foreign air carriers and ticket agents;
and (2) the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,450,000: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2006, to result in a final appropriation from the general
fund estimated at no more than $25,200,000.
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF TRANSPORTATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 160. During the current fiscal year applicable appropria-
tions to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department busi-
ness; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 161. Appropriations contained in this Act for the Depart-
ment of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 162. None of the funds in this Act shall be available
for salaries and expenses of more than 108 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 163. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 164. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connec-
tion with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not with-
hold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 165. Funds received by the Federal Highway Administra-
tion, Federal Transit Administration, and Federal Railroad
Air carriers.
Ticket agents.
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PUBLIC LAW 109–115—NOV. 30, 2005
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administra-
tion’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ account, and to
the Federal Railroad Administration’s ‘‘Safety and Operations’’
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 166. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Depart-
ment of an amount determined by the Secretary.
SEC. 167. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any discre-
tionary grant award, letter of intent, or full funding grant agree-
ment totaling $1,000,000 or more is announced by the department
or its modal administrations from: (1) any discretionary grant pro-
gram of the Federal Highway Administration other than the emer-
gency relief program; (2) the airport improvement program of the
Federal Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and fixed
guideway modernization programs: Provided, That no notification
shall involve funds that are not available for obligation.
SEC. 168. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the sub-
leasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 169. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper pay-
ments; and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the appropria-
tion from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery
to an appropriations account, the Secretary shall notify
the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
Notification.
Notification.
Deadline.
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PUBLIC LAW 109–115—NOV. 30, 2005
That for purposes of this section, the term ‘‘improper pay-
ments’’, has the same meaning as that provided in section
2(d)(2) of Public Law 107–300.
SEC. 170. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding assist-
ance program from ‘‘Office of the Secretary, Salaries and expenses’’
to ‘‘Minority Business Outreach’’.
SEC. 171. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 172. None of the funds made available under this Act
may be obligated or expended to establish or implement a pilot
program under which not more than 10 designated essential air
service communities located in proximity to hub airports are
required to assume 10 percent of their essential air subsidy costs
for a 4-year period commonly referred to as the EAS local participa-
tion program.
SEC. 173. (a) Section 14710(a) of title 49, United States Code,
is amended—
(1) by striking ‘‘a State authority may’’ and inserting ‘‘a
State authority other than the attorney general of the state
may, as parens patriae,’’; and
(2) by inserting the following after the first sentence:
‘‘Any civil action for injunctive relief to enjoin such delivery or
transportation or to compel a person to pay a fine or penalty
assessed under chapter 149 shall be brought in an appropriate
district court of the United States.’’.
(b) Section 14710(b) of title 49, United States Code, is amended
to read as follows:
‘‘(b) EXERCISE
OF ENFORCEMENT AUTHORITY.—The authority
of this section shall be exercised subject to the requirements of
sections 14711(b)–(f) of this title.’’.
(c) Section 14711(b)(1) of title 49, United States Code, is
amended by inserting the following at the end:
‘‘The State may initiate a civil action under subsection (a) if it
is reviewable under subsection (b)(2).’’.
(d) Section 14711(b)(4) of title 49, United States Code, is
amended by inserting ‘‘that is subject to review under subsection
(b)(2)’’ before ‘‘if the Secretary’’.
(e) The amendments made by this section shall cease to be
in effect after September 30, 2006.
SEC. 174. Section 112(b)(2) of title 23, United States Code,
is amended—
(1) in subparagraph (A), by striking ‘‘title 40’’ and all that
follows through the period and inserting ‘‘title 40.’’;
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (G) as sub-
paragraphs (B) through (F), respectively;
(4) in subparagraph (E) (as redesignated by paragraph
(3)), in the first sentence, by striking ‘‘subparagraph (E)’’ and
inserting ‘‘subparagraph (D)’’; and
Termination
date.
49 USC 14710
note.
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(5) in subparagraph (F) (as redesignated by paragraph
(3)), by striking ‘‘State Option’’ and all that follows through
the period and inserting ‘‘(F) Subparagraphs (B), (C), (D) and
(E) herein shall not apply to the States of West Virginia or
Minnesota.’’.
SEC. 175. Notwithstanding any provision of law, the Secretary
of Transportation is authorized and directed to make project grants
under chapter 471 of title 49, United States Code, from funds
available for fiscal year 2006 and thereafter under 49 U.S.C. 48103,
for the cost of acquisition of land, or reimbursement of the cost
of land if purchased prior to enactment of this provision and prior
to a grant agreement, for non-exclusive use aeronautical purposes
on an airport layout plan that has been approved by the Secretary
on January 23, 2004, pursuant to section 49 U.S.C. 47107(a)(16),
for any small hub airport as defined in 49 U.S.C. 47102, and
had scheduled or chartered direct international flights totaling at
least 200 million pounds gross aircraft landed weight for calendar
year 2002.
SEC. 176. (a) Section 47108 of title 49, United States Code,
is amended in subsection (e) by adding the following new paragraph
at the end:
‘‘(3) CHANGES TO NONHUB PRIMARY STATUS.—If the status
of a nonhub primary airport changes to a small hub primary
airport at a time when the airport has received discretionary
funds under this chapter for a terminal development project
in accordance with section 47110(d)(2), and the project is not
yet completed, the project shall remain eligible for funding
from the discretionary fund and the small airport fund to
pay costs allowable under section 47110(d). Such project shall
remain eligible for such funds for three fiscal years after the
start of construction of the project, or if the Secretary deter-
mines that a further extension of eligibility is justified, until
the project is completed.’’.
(b) 
CONFORMING
AMENDMENT.—Section 
47110(d)(2)(A) 
is
amended by striking ‘‘(A) the’’ and inserting ‘‘(A) except as provided
in section 47108(e)(3), the’’.
SEC. 177. Section 40128(e) of title 49, United States Code,
is amended by adding at the end the following: ‘‘For purposes
of this subsection, an air tour operator flying over the Hoover
Dam in the Lake Mead National Recreation Area en route to
the Grand Canyon National Park shall be deemed to be flying
solely as a transportation route.’’. Nothing in this provision shall
allow exemption from overflight rules for the Grand Canyon.
SEC. 178. Section 145(c) of the Aviation and Transportation
Security Act (49 U.S.C. 40101 note) is amended by striking
‘‘November 19, 2005.’’ and inserting ‘‘November 30, 2006.’’.
SEC. 179. (a)(1) This section shall apply to a former employee
of the Federal Aviation Administration, who—
(A) was involuntarily separated as a result of the reorga-
nization of the Flight Services Unit following the outsourcing
of flight service duties to a contractor;
(B) was not eligible by October 3, 2005 for an immediate
annuity under a Federal retirement system; and
(C) assuming continued Federal employment, would attain
eligibility for an immediate annuity under section 8336(d) or
8414(b) of title 5, United States Code, not later than October
4, 2007.
Applicability.
49 USC 40128
note.
49 USC 47110.
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(2) Notwithstanding any other provision of law, during the
period beginning on the date of enactment of this Act and ending
October 4, 2007, an employee described under paragraph (1) may,
with the approval of the Administrator of the Federal Aviation
Administration or the designee of the Administrator, accept an
assignment to such contractor within 14 days after the date of
enactment of this section.
(3) Except as provided in subsection (c), an employee appointed
under paragraph (1)—
(A) shall be a temporary Federal employee for the duration
of the assignment;
(B) notwithstanding such temporary status, shall retain
previous enrollment or participation in Federal employee bene-
fits programs under chapters 83, 84, 87, and 89 of title 5,
United States Code; and
(C) shall be considered to have not had a break in service
for purposes of chapters 83, 84, and sections 8706(b) and 8905(b)
of title 5, United States Code, except no service credit or bene-
fits shall be extended retroactively.
(4) An assignment and temporary appointment under this sec-
tion shall terminate on the earlier of—
(A) October 4, 2007; or
(B) the date on which the employee first becomes eligible
for an immediate annuity under section 8336(d) or 8414(b)
of title 5, United States Code.
(5) Such funds as may be necessary are authorized for the
Federal Aviation Administration to pay the salary and benefits
of an employee assigned under this section, but no funds are author-
ized to reimburse the employing contractor for the salary and
benefits of an employee so assigned.
(b) An employee who was involuntarily separated as a result
of the reorganization of the Flight Services Unit following the
outsourcing of flight service duties to a contractor, and was eligible
to use annual leave under the conditions of section 6302(g) of
title 5, United States Code, may use such leave to—
(1) qualify for an immediate annuity or to meet the age
or service requirements for an enhanced annuity that the
employee could qualify for under sections 8336, 8412, or 8414;
or
(2) to meet the requirements under section 8905(b) of title
5, United States Code, to qualify to continue health benefits
coverage after retirement from service.
(c)(1) Nothing in this section shall—
(A) affect the validity or legality of the reduction-in-force
actions of the Federal Aviation Administration effective October
3, 2005; or
(B) create any individual rights of actions regarding such
reduction-in-force or any other actions related to or arising
under the competitive sourcing of flight services.
(2) An employee subject to this section shall not be—
(A) covered by chapter 71 of title 5, United States Code,
while on the assignment authorized by this section; or
(B) subject to section 208 of title 18, United States Code.
(3) Temporary employees assigned under this section shall not
be Federal employees for purposes of chapter 171 of title 28, United
States Code (commonly referred to as the Federal Tort Claims
Act). Chapter 171 of title 28, United States Code (commonly referred
Termination
date.
Effective date.
Termination
date.
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PUBLIC LAW 109–115—NOV. 30, 2005
to as the Federal Tort Claims Act) and any other Federal tort
liability statute shall not apply to an employee who is assigned
to a contractor under subsection (a).
SEC. 180. (a) In this section:
(1) The term ‘‘Conservation Area’’ means the Sloan Canyon
National Conservation Area established by section 604(a) of
the Clark County Conservation of Public Land and Natural
Resources Act of 2002 (116 Stat. 2010).
(2) The term ‘‘County’’ means Clark County, Nevada.
(3)(A) The term ‘‘helicopter tour’’ means a commercial heli-
copter tour operated for profit.
(B) The term ‘‘helicopter tour’’ does not include a helicopter
tour that is carried out to assist a Federal, State, or local
agency.
(4) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(5) The term ‘‘Wilderness’’ means the North McCullough
Mountains Wilderness established by section 202(a)(13) of the
Clark County Conservation of Public Land and Natural
Resources Act of 2002 (116 Stat. 2000).
(b) As soon as practicable after the date of enactment of this
Act, the Secretary shall convey to the County, subject to valid
existing rights, for no consideration, all right, title, and interest
of the United States in and to the parcel of land described in
subsection (c).
(c) The parcel of land to be conveyed under subsection (b)
is the parcel of approximately 229 acres of land depicted as tract
A on the map entitled ‘‘Clark County Public Heliport Facility’’
and dated May 3, 2004.
(d)(1) The parcel of land conveyed under subsection (b)—
(A) shall be used by the County for the operation of a
heliport facility under the conditions stated in paragraphs (2),
(3), and (4); and
(B) shall not be disposed of by the County.
(2)(A) Any operator of a helicopter tour originating from or
concluding at the parcel of land described in subsection (c) shall
pay to the Clark County Department of Aviation a $3 conservation
fee for each passenger on the helicopter tour if any portion of
the helicopter tour occurs over the Conservation Area.
(B)(i) Not earlier than 10 years after the date of enactment
of this Act and every 10 years thereafter, the Secretary shall conduct
a review to determine whether to raise the amount of the conserva-
tion fee.
(ii) After conducting a review under clause (i) and providing
an opportunity for public comment, the Secretary may raise the
amount of the conservation fee in an amount determined to be
appropriate by the Secretary, but by not more than 50 percent
of the amount of the conservation fee in effect on the day before
the date of the increase.
(3)(A) The amounts collected under paragraph (2) shall be
deposited in a special account in the Treasury of the United States.
(B) Of the amounts deposited under subparagraph (A)—
(i) 2⁄3 of the amounts shall be available to the Secretary,
without further appropriation, for the management of cultural,
wildlife, and wilderness resources on public land in the State
of Nevada; and
Public comment.
Deadlines.
Fees.
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PUBLIC LAW 109–115—NOV. 30, 2005
(ii) 1⁄3 of the amounts shall be available to the Director
of the Bureau of Land Management, without further appropria-
tion, for the conduct of Bureau of Land Management operations
for the Conservation Area and the Red Rock Canyon National
Conservation Area.
(4)(A) Except for safety reasons, any helicopter tour originating
or concluding at the parcel of land described in subsection (c)
that flies over the Conservation Area shall not fly—
(i) over any area in the Conservation Area except the
area that is between 3 and 5 miles north of the latitude of
the southernmost boundary of the Conservation Area;
(ii) lower than 1,000 feet over the eastern segments of
the boundary of the Conservation Area; or
(iii) lower than 500 feet over the western segments of
the boundary of the Conservation Area.
(B) The Administrator of the Federal Aviation Administration
shall establish a special flight rules area and any operating proce-
dures that the Administrator determines to be necessary to imple-
ment subparagraph (A).
(5) If the County ceases to use any of the land described
in subsection (c) for the purpose described in paragraph (1)(A)
and under the conditions stated in paragraph (2)—
(A) title to the parcel shall revert to the United States,
at the option of the United States; and
(B) the County shall be responsible for any reclamation
necessary to revert the parcel to the United States.
(e) The Secretary shall require, as a condition of the conveyance
under subsection (b), that the County pay the administrative costs
of the conveyance, including survey costs and any other costs associ-
ated with the transfer of title.
SEC. 181. The first sentence of section 29(c) of the International
Air Transportation Competition Act of 1979 (Public Law 96–192;
94 Stat. 48) is amended by inserting ‘‘Missouri,’’ before ‘‘and Texas’’.
SEC. 182. Notwithstanding any other provision of law, none
of the funds provided in or limited by this Act may be obligated
or expended to provide a budget justification for fiscal year 2007
concurrently with the President’s annual budget submission to Con-
gress under section 1105(a) of title 31, United States Code, to
any congressional committee other than the House and Senate
Committees on Appropriations prior to May 31, 2006.
SEC. 183. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogram-
ming action that requires notice to be provided to the House and
Senate Committees on Appropriations, said reprogramming action
shall be approved or denied solely by the Committees on Appropria-
tions: Provided, That the Secretary may provide notice to other
congressional committees of the action of the Committees on Appro-
priations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appro-
priations.
SEC. 184. Notwithstanding any other provision of law, the
projects numbered 5094 and 5096 in the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat.
1144) shall be subject to section 120(c) of title 23, United States
Code.
Regulations.
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PUBLIC LAW 109–115—NOV. 30, 2005
SEC. 185. For necessary expenses, including an independent
verification regime, to reimburse fixed-based general aviation opera-
tors and the providers of general aviation ground support services
at Ronald Reagan Washington National Airport; College Park Air-
port in College Park, Maryland; Potomac Airpark in Fort Wash-
ington, Maryland; Washington Executive/Hyde Field in Clinton,
Maryland; and Washington South Capitol Street Heliport in Wash-
ington, DC; for direct and incremental financial losses incurred
while such airports were closed to general aviation operations,
or as of the date of enactment of this provision in the case of
airports that have not reopened to such operations, by these opera-
tors and service providers solely due to the actions of the Federal
Government following the terrorist attacks on the United States
that occurred on September 11, 2001, not to exceed $17,000,000,
to be available until expended: Provided, That of this amount not
to exceed $5,000,000 shall be available on a pro-rata basis, if
necessary, to fixed-based general aviation operators and the pro-
viders of general aviation ground support services located at College
Park Airport in College Park, Maryland; Potomac Airpark in Fort
Washington, Maryland; and Washington Executive/Hyde Field in
Clinton, Maryland: Provided further, That no funds shall be obli-
gated or distributed to fixed-based general aviation operators and
providers of general aviation ground support services until an inde-
pendent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence,
of such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
SEC. 186. Notwithstanding any other provision of law, any
amounts made available pursuant to Public Law 109–59 for the
Gravina Island bridge and the Knik Arm bridge shall be made
available to the Alaska Department of Transportation and Public
Facilities for any purpose eligible under section 133(b) of title
23, United States Code: Provided, That in allocating funds for
the equity bonus program under section 105 of such title, the
Secretary shall make the calculations required under that section
as if this section had not been enacted: Provided further, That
the descriptions for High Priority Projects #406, the Gravina Island
bridge, and #2465, the Knik Arm bridge, in section 1702 of Public
Law 109–59 are hereby deleted and in their place is inserted
‘‘the Alaska Department of Transportation and Public Facilities’’.
SEC. 187. (a) In addition to amounts available to carry out
section 10204 of the Safe, Accountable, Flexible, Efficient Transpor-
tation Equity Act: A Legacy for Users (Public Law 109–59) as
of the date of enactment of this Act, of the amounts made available
by section 112 of this Act, $1,000,000 shall be used by the Secretary
of Transportation and the Secretary of Homeland Security to
jointly—
(1) complete the review and assessment of catastrophic
hurricane evacuation plans under that section; and
(2) submit to Congress, not later than June 1, 2006, the
report described in subsection (d) of that section.
(b) Section 10204 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109–
59) is amended—
Ante, p. 1934.
Deadline.
Reports.
Ante, p. 1256.
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(1) in subsection (a)—
(A) by inserting after ‘‘evacuation plans’’ the following:
‘‘(including the costs of the plans)’’; and
(B) by inserting ‘‘and other catastrophic events’’ before
‘‘impacting’’;
(2) in subsection (b), by striking ‘‘and local’’ and inserting
‘‘parish, county, and municipal’’; and
(3) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘safe and’’ before
‘‘practical’’;
(B) in paragraph (2), by inserting after ‘‘States’’ the
following: ‘‘and adjoining jurisdictions’’;
(C) in paragraph (3), by striking ‘‘and’’ after the semi-
colon at the end;
(D) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(5) the availability of food, water, restrooms, fueling sta-
tions, and shelter opportunities along the evacuation routes;
‘‘(6) the time required to evacuate under the plan; and
‘‘(7) the physical and mental strains associated with the
evacuation.’’.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2006’’.
TITLE II
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business, not to exceed $3,000,000 for
official travel expenses; $196,592,000, of which not to exceed
$8,642,000 is for executive direction program activities; not to
exceed $7,852,000 is for general counsel program activities; not
to exceed $32,011,000 is for economic policies and programs activi-
ties; not to exceed $26,574,000 is for financial policies and programs
activities; pursuant to section 3004(b) of the Exchange Rates and
International Economic Policy Coordination Act of 1988 (22 U.S.C.
5304(b)), not to exceed $1,000,000, to remain available until
expended, is for the Secretary of the Treasury, in conjunction with
the President, to implement said subsection as it pertains to govern-
ments and trade violations involving currency manipulation and
other trade violations; not to exceed $39,939,000 is for financial
crimes policies and programs activities; not to exceed $16,843,000
is for Treasury-wide management policies and programs activities;
and not to exceed $63,731,000 is for administration programs activi-
ties: Provided, That of the amount appropriated for financial crimes
policies and programs activities, $22,032,016 is for the Office of
Department of
the Treasury
Appropriations
Act, 2006.
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PUBLIC LAW 109–115—NOV. 30, 2005
Foreign Assets Control and shall support no less than 125 full
time equivalent positions: Provided further, That the Secretary
of the Treasury is authorized to transfer funds appropriated for
any program activity of the Departmental Offices to any other
program activity of the Departmental Offices upon notification to
the House and Senate Committees on Appropriations: Provided
further, That no appropriation for any program activity shall be
increased or decreased by more than two percent by all such trans-
fers: Provided further, That any change in funding greater than
two percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That of
the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2007, for
information technology modernization requirements; not to exceed
$100,000 for official reception and representation expenses; and
not to exceed $258,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Secretary of the Treasury and to be accounted for solely on his
certificate: Provided further, That of the amount appropriated under
this heading, $5,173,000, to remain available until September 30,
2007, is for the Treasury-wide Financial Statement Audit Program,
of which such amounts as may be necessary may be transferred
to accounts of the Department’s offices and bureaus to conduct
audits: Provided further, That this transfer authority shall be in
addition to any other provided in this Act.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the
Treasury, $24,412,000, to remain available until September 30,
2008: Provided, That these funds shall be transferred to accounts
and in amounts as necessary to satisfy the requirements of the
Department’s offices, bureaus, and other organizations: Provided
further, That this transfer authority shall be in addition to any
other transfer authority provided in this Act: Provided further,
That none of the funds appropriated shall be used to support
or supplement ‘‘Internal Revenue Service, Information Systems’’
or ‘‘Internal Revenue Service, Business Systems Modernization’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed
$100,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Inspector
General of the Treasury, $17,000,000, of which not to exceed $2,500
shall be available for official reception and representation expenses.
Notification.
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PUBLIC LAW 109–115—NOV. 30, 2005
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase (not to exceed 150 for replace-
ment only for police-type use) and hire of passenger motor vehicles
(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; not to exceed $6,000,000 for official travel expenses;
and not to exceed $500,000 for unforeseen emergencies of a confiden-
tial nature, to be allocated and expended under the direction of
the Inspector General for Tax Administration, $133,286,000; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air Transpor-
tation Safety and System Stabilization Act (Public Law 107–42),
$2,750,000, to remain available until expended.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,000,000, to remain available until Sep-
tember 30, 2008.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel expenses
of non-Federal law enforcement personnel to attend meetings con-
cerned with financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $73,630,000
of which not to exceed $6,944,000 shall remain available until
September 30, 2008; and of which $8,521,000 shall remain available
until September 30, 2007: Provided, That funds appropriated in
this account may be used to procure personal services contracts.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain avail-
able until September 30, 2008, for information systems moderniza-
tion initiatives; and of which not to exceed $2,500 shall be available
for official reception and representation expenses.
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PUBLIC LAW 109–115—NOV. 30, 2005
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $91,126,000; of which not to exceed $6,000 for official
reception and representation expenses; not to exceed $50,000 for
cooperative research and development programs for laboratory serv-
ices; and provision of laboratory assistance to State and local agen-
cies with or without reimbursement.
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the produc-
tion of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments. The
aggregate amount of new liabilities and obligations incurred during
fiscal year 2006 under such section 5136 for circulating coinage
and protective service capital investments of the United States
Mint shall not exceed $26,768,000.
BUREAU OF THE PUBLIC DEBT
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt issues
of the United States, $179,923,000, of which not to exceed $2,500
shall be available for official reception and representation expenses,
and of which not to exceed $2,000,000 shall remain available until
expended for systems modernization: Provided, That the sum appro-
priated herein from the general fund for fiscal year 2006 shall
be reduced by not more than $3,000,000 as definitive security
issue fees and Treasury Direct Investor Account Maintenance fees
are collected, so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at $176,923,000. In addition,
$70,000 to be derived from the Oil Spill Liability Trust Fund
to reimburse the Bureau for administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM
ACCOUNT
To carry out the Community Development Banking and Finan-
cial Institutions Act of 1994 (Public Law 103–325), including serv-
ices authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES–3,
$55,000,000, to remain available until September 30, 2007, of which
$4,000,000 shall be for financial assistance, technical assistance,
training and outreach programs designed to benefit Native Amer-
ican, Native Hawaiian, and Alaskan Native communities and pro-
vided primarily through qualified community development lender
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organizations with experience and expertise in community develop-
ment banking and lending in Indian country, Native American
organizations, tribes and tribal organizations and other suitable
providers, and up to $13,500,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit,
up to $6,000,000 may be used for the cost of direct loans, and
up to $250,000 may be used for administrative expenses to carry
out the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
INTERNAL REVENUE SERVICE
PROCESSING, ASSISTANCE, AND MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and account
services, shared services support, general management and
administration; and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$4,136,578,000, of which up to $4,100,000 shall be for the Tax
Counseling for the Elderly Program, of which $8,000,000 shall
be available for low-income taxpayer clinic grants, of which
$1,500,000 shall be for the Internal Revenue Service Oversight
Board; and of which not to exceed $25,000 shall be for official
reception and representation expenses: Provided, That of unobli-
gated amounts available under this heading from previous appro-
priations Acts, $20,000,000 shall be rescinded.
TAX LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation sup-
port; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting
a document matching program; resolving taxpayer problems
through prompt identification, referral and settlement; expanded
customer service and public outreach programs, strengthened
enforcement activities, and enhanced research efforts to reduce
erroneous filings associated with the earned income tax credit;
compiling statistics of income and conducting compliance research;
purchase (for police-type use, not to exceed 850) and hire of pas-
senger motor vehicles (31 U.S.C. 1343(b)); and services as author-
ized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $4,725,756,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2008, for
research; and of which $55,584,000 shall be for the Interagency
Crime and Drug Enforcement program: Provided, That up to
$10,000,000 may be transferred as necessary from this account
to the IRS Processing, Assistance, and Management appropriation
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PUBLIC LAW 109–115—NOV. 30, 2005
or the IRS Information Systems appropriation solely for the pur-
poses of management of the Interagency Crime and Drug Enforce-
ment Program: Provided further, That up to $10,000,000 may be
transferred as necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS Information
Systems appropriation solely for the purposes of management of
the Earned Income Tax Credit compliance program and to
reimburse the Social Security Administration for the cost of imple-
menting section 1090 of the Taxpayer Relief Act of 1997 (Public
Law 105–33): Provided further, That this transfer authority shall
be in addition to any other transfer authority provided in this
Act.
INFORMATION SYSTEMS
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $1,598,967,000, of which
$75,000,000 shall remain available until September 30, 2007.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for
the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisi-
tions, including contractual costs associated with operations author-
ized by 5 U.S.C. 3109: Provided, That none of these funds may
be obligated until the Internal Revenue Service submits to the
Committees on Appropriations, and such Committees approve, a
plan for expenditure that: (1) meets the capital planning and invest-
ment control review requirements established by the Office of
Management and Budget, including Circular A–11; (2) complies
with the Internal Revenue Service’s enterprise architecture,
including the modernization blueprint; (3) conforms with the
Internal Revenue Service’s enterprise life cycle methodology; (4)
is approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5) has
been reviewed by the Government Accountability Office; and (6)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Govern-
ment.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107–
210), $20,210,000: Provided, That of unobligated amounts available
under this heading from previous appropriations acts, $9,000,000
shall be rescinded.
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119 STAT. 2438
PUBLIC LAW 109–115—NOV. 30, 2005
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to
exceed 3 percent of appropriations under the heading ‘‘Tax Law
Enforcement’’ may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees
on Appropriations.
SEC. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers’ rights, in dealing courteously
with taxpayers, and in cross-cultural relations.
SEC. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confiden-
tiality of taxpayer information.
SEC. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facili-
ties and increased manpower to provide sufficient and effective
1–800 help line service for taxpayers. The Commissioner shall con-
tinue to make the improvement of the Internal Revenue Service
1–800 help line service a priority and allocate resources necessary
to increase phone lines and staff to improve the Internal Revenue
Service 1–800 help line service.
SEC. 205. None of the funds appropriated or otherwise made
available in this or any other Act or source to the Internal Revenue
Service may be used to reduce taxpayer services as proposed in
fiscal year 2006 until the Treasury Inspector General for Tax
Administration completes a study detailing the impact of such
proposed reductions on taxpayer compliance and taxpayer services,
and the Internal Revenue Service’s plans for providing adequate
alternative services, and submits such study and plans to the
Committees on Appropriations of the House of Representatives and
the Senate for approval: Provided, That no funds shall be obligated
by the Internal Revenue Service for such purposes for 60 days
after receipt of such study: Provided further, That the Internal
Revenue Service shall consult with stakeholder organizations,
including but not limited to, the National Taxpayer Advocate, the
Internal Revenue Service Oversight Board, the Treasury Inspector
General for Tax Administration, and Internal Revenue Service
employees with respect to any proposed or planned efforts by the
Internal Revenue Service to terminate or reduce significantly any
taxpayer service activity.
SEC. 206. Of the funds made available by this Act to the
Internal Revenue Service, not less than $6,447,000,000 shall be
available only for tax enforcement. In addition, of the funds made
available by this Act to the Internal Revenue Service, and subject
to the same terms and conditions, $446,000,000 shall be available
for enhanced tax enforcement.
SEC. 207. Of the funds made available by this Act to the
Internal Revenue Service, not less than $166,249,000 shall be avail-
able for operating expenses of the Taxpayer Advocate Service, of
which not less than $141,311,650 shall be made available from
the ‘‘Tax Law Enforcement’’ account.
SEC. 208. The Internal Revenue Service shall submit its fiscal
year 2007 congressional budget justifications to the Committees
on Appropriations of the House of Representatives and the Senate
Procedures.
26 USC 6103
note.
26 USC 7804
note.
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PUBLIC LAW 109–115—NOV. 30, 2005
using the identical structure provided under this Act and only
in accordance with the direction specified in the report accom-
panying this Act.
SEC. 209. Section 3 under the heading ‘‘Administrative Provi-
sions—Internal Revenue Service’’ of title I of Public Law 103–
329 is amended by striking the last proviso.
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFER OF FUNDS)
SEC. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 211. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices—Salaries and
Expenses, Office of Inspector General, Financial Management
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial
Crimes Enforcement Network, and Bureau of the Public Debt, may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations: Provided, That no
transfer may increase or decrease any such appropriation by more
than 2 percent.
SEC. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be trans-
ferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease
any such appropriation by more than 2 percent.
SEC. 213. Of the funds available for the purchase of law enforce-
ment vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with Departmental vehicle management prin-
ciples: Provided, That the Secretary may delegate this authority
to the Assistant Secretary for Management.
SEC. 214. None of the funds appropriated in this Act or other-
wise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 215. The Secretary of the Treasury may transfer funds
from Financial Management Services, Salaries and Expenses to
Debt Collection Fund as necessary to cover the costs of debt collec-
tion: Provided, That such amounts shall be reimbursed to such
salaries and expenses account from debt collections received in
the Debt Collection Fund.
SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C.
3104 note), is further amended by striking ‘‘7 years’’ and inserting
‘‘8 years’’.
SEC. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
Currency.
Certification.
26 USC 7801
note.
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States Mint to construct or operate any museum without the explicit
approval of the House Committee on Financial Services and the
Senate Committee on Banking, Housing, and Urban Affairs.
SEC. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; the House Com-
mittee on Appropriations; and the Senate Committee on Appropria-
tions.
SEC. 219. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Secretary of
the Treasury may be expended to develop, study, or implement
any plan to reallocate the resources of, or merge the Financial
Crimes Enforcement Network into the Departmental Offices—Sala-
ries and Expenses, or any other office within the Department of
the Treasury.
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2006’’.
TITLE III
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PUBLIC AND INDIAN HOUSING
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $15,573,655,725, to remain available
until expended, of which $11,373,656,000 shall be available on
October 1, 2005, and $4,200,000,000 shall be available on October
1, 2006: Provided, That the amounts made available under this
heading are provided as follows:
(1) $14,089,755,725 for renewals of expiring section 8 ten-
ant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts pro-
vided under this paragraph, the Secretary for the calendar
year 2006 funding cycle shall provide renewal funding for each
public housing agency based on each public housing agency’s
2005 annual budget for renewal funding as calculated by HUD,
prior to prorations, and by applying the 2006 Annual Adjust-
ment Factor as established by the Secretary, and by making
any necessary adjustments for the costs associated with the
first-time renewal of tenant protection or HOPE VI vouchers
or vouchers that were not in use during the 12-month period
in order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act: Provided further, That the Secretary
Department of
Housing and
Urban
Development
Appropriations
Act, 2006.
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shall, to the extent necessary to stay within the amount pro-
vided under this paragraph, pro rate each public housing
agency’s allocation otherwise established pursuant to this para-
graph: Provided further, That except as provided in the fol-
lowing proviso, the entire amount provided under this para-
graph shall be obligated to the public housing agencies based
on the allocation and pro rata method described above: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous proviso: Provided
further, That up to $45,000,000 shall be available only: (1)
to adjust the allocations for public housing agencies, after
application for an adjustment by a public housing agency and
verification by HUD, whose allocations under this heading for
contract renewals for the calendar year 2005 funding cycle
were based on verified VMS leasing and cost data averaged
for the months of May, June, and July of 2004 and solely
because of temporarily low leasing levels during such 3-month
period did not accurately reflect leasing levels and costs for
the 2004 fiscal year of the agencies; and (2) for adjustments
for public housing agencies that experienced a significant
increase, as determined by the Secretary, in renewal costs
resulting from unforeseen circumstances or from the portability
under section 8(r) of the United States Housing Act of 1937
of tenant-based rental assistance: Provided further, That none
of the funds provided in this paragraph may be used to support
a total number of unit months under lease which exceeds
a public housing agency’s authorized level of units under con-
tract;
(2) $180,000,000 for section 8 rental assistance for reloca-
tion and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescis-
sions and Appropriations Act of 1996 (Public Law 104–134),
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI vouchers, mandatory
and voluntary conversions, and tenant protection assistance
including replacement and relocation assistance: Provided, That
no more than $12,000,000 can be used for section 8 assistance
to cover the cost of judgments and settlement agreements;
(3) $48,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,250,000,000 for administrative and other expenses
of public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $10,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section
8 programs: Provided, That $1,240,000,000 of the amount pro-
vided in this paragraph shall be allocated for the calendar
year 2006 funding cycle on a pro rata basis to public housing
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agencies based on the amount public housing agencies were
eligible to receive in calendar year 2005: Provided further,
That all amounts provided under this paragraph shall be only
for activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities.
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances, including recaptures and carry-
over, remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
‘‘Annual contributions for assisted housing’’, the heading ‘‘Tenant-
based rental assistance’’, and the heading ‘‘Project-based rental
assistance’’, for fiscal year 2005 and prior years, $2,050,000,000
is rescinded, to be effected by the Secretary no later than September
30, 2006: Provided, That, if insufficient funds exist under these
headings, the remaining balance may be derived from any other
heading under this title: Provided further, That the Secretary shall
notify the Committees on Appropriations 30 days in advance of
the rescission of any funds derived from the headings specified
above: Provided further, That any such balances governed by re-
allocation provisions under the statute authorizing the program
for which the funds were originally appropriated shall be available
for the rescission: Provided further, That any obligated balances
of contract authority from fiscal year 1974 and prior that have
been terminated shall be cancelled: Provided further, That no
amounts recaptured from amounts appropriated in prior years
under this heading or the heading ‘‘Annual contributions for
assisted housing’’ and no carryover of such appropriated amounts
for project-based assistance shall be available for the calendar year
2006 funding cycle for activities provided for under the heading
‘‘Tenant-based rental assistance’’.
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937,
as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not otherwise
provided for, $5,088,300,000, to remain available until expended:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $4,939,700,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based 
subsidy 
contracts 
(including 
section 
8 
moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance
Act, for renewal of section 8 contracts for units in projects
that are subject to approved plans of action under the Emer-
gency Low Income Housing Preservation Act of 1987 or the
Low-Income Housing Preservation and Resident Homeowner-
ship Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this paragraph.
Notification.
Deadline.
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(2) $147,200,000 for performance-based contract adminis-
trators for section 8 project-based assistance: Provided, That
the Secretary may also use such amounts for performance-
based contract administrators for: interest reduction payments
pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z–1(a)); rent supplement payments pursuant to sec-
tion 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s); section 236(f)(2) rental assistance payments
(12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959, as amended (12 U.S.C. 1701q, 1701q–1); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act; project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667).
(3) $1,400,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading ‘‘Annual Contributions for Assisted
Housing’’, or the heading ‘‘Housing Certificate Fund’’, for
project-based section 8 activities may be used for renewals
of or amendments to section 8 project-based subsidy contracts
or for performance-based contract administrators, notwith-
standing the purposes for which such amounts were appro-
priated.
(4) amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’ may be used for renewals of or
amendments to section 8 project-based contracts, notwith-
standing the purposes for which such amounts were appro-
priated.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937, as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,463,600,000,
to remain available until September 30, 2009: Provided, That not-
withstanding any other provision of law or regulation, during fiscal
year 2006, the Secretary may not delegate to any Department
official other than the Deputy Secretary and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2)
of section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such section
9(j), the term ‘‘obligate’’ means, with respect to amounts, that the
amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That of
the total amount provided under this heading, up to $11,000,000
shall be for carrying out activities under section 9(h) of such Act:
Provided further, That $11,000,000 shall be transferred to the
Working Capital Fund: Provided further, That no funds may be
used under this heading for the purposes specified in section 9(k)
of the United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this heading,
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up to $17,000,000 shall be available for the Secretary of Housing
and Urban Development to make grants, notwithstanding section
305 of this Act, to public housing agencies for emergency capital
needs resulting from unforeseen or unpreventable emergencies and
natural disasters occurring in fiscal year 2006: Provided further,
That of the total amount provided under this heading, $38,000,000
shall be for supportive services, service coordinators and congregate
services as authorized by section 34 of the Act and the Native
American Housing Assistance and Self-Determination Act of 1996:
Provided further, That of the total amount provided under this
heading up to $8,820,000 is to support the costs of administrative
and judicial receiverships: Provided further, That of the total
amount provided under this heading, $7,500,000 shall be for
Neighborhood Networks grants for activities authorized in section
9(d)(1)(E) of the United States Housing Act of 1937, as amended:
Provided further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be awarded
to public housing agencies on a competitive basis: Provided further,
That notwithstanding section 9(d)(1)(E) of the United States
Housing Act of 1937, any Neighborhood Networks computer center
established with funding made available under this heading in
this or any other Act, shall be available for use by residents of
public housing and residents of other housing assisted with funding
made available under this title in this Act or any other Act.
PUBLIC HOUSING OPERATING FUND
For 2006 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937, as amended (42 U.S.C.
1437g(e)), $3,600,000,000: Provided, That, in fiscal year 2006 and
all fiscal years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public
housing for any year prior to the current year of such Act: Provided
further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States Housing
Act of 1937, as amended.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance
grants to projects as authorized by section 24 of the United States
Housing Act of 1937, as amended, $100,000,000, to remain available
until September 30, 2007, of which the Secretary may use up
to $2,000,000 for technical assistance and contract expertise, to
be provided directly or indirectly by grants, contracts or cooperative
agreements, including training and cost of necessary travel for
participants in such training, by or to officials and employees of
the department and of public housing agencies and to residents:
Provided, That none of such funds shall be used directly or indirectly
by granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein.
42 USC 1437g
note.
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PUBLIC LAW 109–115—NOV. 30, 2005
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $630,000,000, to remain available until expended: Provided,
That, notwithstanding the Native American Housing Assistance
and Self-Determination Act of 1996, to determine the amount of
the allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act
with the need component based on single-race Census data and
with the need component based on multi-race Census data, and
the amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation amounts: Provided further,
That of the amounts made available under this heading, $1,000,000
shall be contracted through the Secretary as technical assistance
and capacity building to be used by the National American Indian
Housing Council in support of the implementation of NAHASDA;
$4,500,000 shall be to support the inspection of Indian housing
units, contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and tenant-
based assistance, including up to $300,000 for related travel; up
to $4,000,000 may be used for emergencies that constitute imminent
threats to health and safety, notwithstanding any other provision
of law (including section 305 of this Act): Provided further, That
of the amount provided under this heading, $2,000,000 shall be
made available for the cost of guaranteed notes and other obliga-
tions, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount
of any notes and other obligations, any part of which is to be
guaranteed, not to exceed $17,926,000: Provided further, That for
administrative expenses to carry out the guaranteed loan program,
up to $150,000 from amounts in the third proviso, which shall
be transferred to and merged with the appropriation for ‘‘Salaries
and Expenses’’.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),
$8,815,000, to remain available until expended, of which $352,606
shall be for training and technical assistance activities.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $4,000,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
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available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $116,276,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph which shall be transferred to and merged with
the appropriation for ‘‘Salaries and Expenses’’.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13b), $900,000, to remain available until
expended: Provided, That such costs, including the costs of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $35,714,290.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph which shall be transferred to and merged with the appro-
priation for ‘‘Salaries and Expenses’’.
COMMUNITY PLANNING AND DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $289,000,000, to remain available
until September 30, 2007, except that amounts allocated pursuant
to section 854(c)(3) of such Act shall remain available until Sep-
tember 30, 2008: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were
funded under section 854(c)(3) of such Act that meet all program
requirements before awarding funds for new contracts and activities
authorized under this section: Provided further, That the Secretary
may use up to $1,500,000 of the funds under this heading for
training, oversight, and technical assistance activities.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development
in 
the 
Department 
of 
Housing 
and 
Urban 
Development,
$17,000,000, to remain available until expended, which amount
shall be competitively awarded by September 1, 2006, to Indian
tribes, State housing finance agencies, State community and/or
economic development agencies, local rural nonprofits and commu-
nity development corporations to support innovative housing and
economic development activities in rural areas.
Contracts.
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PUBLIC LAW 109–115—NOV. 30, 2005
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development activi-
ties, and for other purposes, $4,220,000,000, to remain available
until September 30, 2008, unless otherwise specified: Provided,
That of the amount provided, $3,748,400,000 is for carrying out
the community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for plan-
ning grants provided in the second paragraph and amounts made
available under the third paragraph), not to exceed 20 percent
of any grant made with funds appropriated under this heading
shall be expended for planning and management development and
administration: Provided further, That $1,600,000 shall be trans-
ferred to the Working Capital Fund: Provided further, That
$60,000,000 shall be for grants to Indian tribes notwithstanding
section 106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 305 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent threats
to health and safety; $50,000,000 shall be available for YouthBuild
program activities authorized by subtitle D of title IV of the Cran-
ston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any
funds made available under this heading: Provided, That local
YouthBuild programs that demonstrate an ability to leverage pri-
vate and nonprofit funding shall be given a priority for YouthBuild
funding: Provided further, That no more than eight percent of
any grant award under the YouthBuild program may be used
for administrative costs: Provided further, That of the amount made
available for YouthBuild not less than $4,000,000 is for grants
to establish YouthBuild programs in underserved and rural areas
and $1,000,000 is to be made available for a grant to YouthBuild
USA for capacity building for community development and afford-
able housing activities as specified in section 4 of the HUD Dem-
onstration Act of 1993, as amended.
Of the amount made available under this heading, $310,000,000
shall be available for grants for the Economic Development Initia-
tive (EDI) to finance a variety of targeted economic investments
in accordance with the terms and conditions specified in the state-
ment of managers accompanying this Act: Provided, That none
of the funds provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2004, 2005 and
2006, no unobligated funds for EDI grants may be used for any
purpose except acquisition, planning, design, purchase of equip-
ment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $50,000,000
shall be available for neighborhood initiatives that are utilized
to improve the conditions of distressed and blighted areas and
neighborhoods, to stimulate investment, economic diversification,
and community revitalization in areas with population outmigration
or a stagnating or declining economic base, or to determine whether
housing benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available under
this paragraph shall be provided in accordance with the terms
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and conditions specified in the statement of managers accompanying
this Act.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division G of Public
Law 108–199 is deemed to be amended with respect to item number
181 striking ‘‘Volusia County’’ and inserting ‘‘Lively Arts Center
in Volusia County’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division G of Public
Law 108–199 is deemed to be amended with respect to item number
216 by striking ‘‘for construction’’ and inserting ‘‘for planning,
design, and engineering’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 369 by striking ‘‘for the construction of HomeAid
America temporary homeless shelters in Costa Mesa, California’’
and inserting ‘‘for the construction of shelters for the temporarily
homeless in New York City, New York’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 502 by striking ‘‘for acquisition of’’ and inserting
‘‘for renovations of’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 405 by striking ‘‘Willington Senior Center’’ and
inserting ‘‘buildings and facilities associated with the Willington
Senior Housing Center’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 674 by striking ‘‘City of Big Island, Virginia for
the Sedalia Center restoration’’ and inserting ‘‘to restore the Sedalia
Center in Bedford County, Virginia’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 469 by striking ‘‘to the City of Havana, Illinois’’
and inserting ‘‘Havana, Illinois, Rural Fire District’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 554 by striking ‘‘$250,000 to the Town of Monroe,
New York for construction of the Monroe Free Library’’ and
inserting ‘‘$150,000 for the Town of Lewisboro, New York for infra-
structure improvements for the Onatru Farm Community Center
and $100,000 for the Town of Poughkeepsie, New York for
streetscape and related improvements in the Arlington Business
District’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 445 by striking ‘‘City of St. Petersburg, Florida’’
and inserting ‘‘Catholic Charities, Diocese of St. Petersburg,
Florida’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 103 for the Mission Preservation Foundation in
San Juan Capistrano, California by striking ‘‘for the Great Stone
Church restoration project’’ and inserting ‘‘to construct and install
environment controls and security measures’’.
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PUBLIC LAW 109–115—NOV. 30, 2005
The referenced statement of the managers under this heading
in division A of the Emergency Appropriations Act for Defense,
Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–
13) is amended—
(1) in section 6070 (119 Stat. 299), by striking paragraph
(1); and
(2) in section 6071 (119 Stat. 299), by striking paragraph
(1).
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division I of Public
Law 108–447 is deemed to be amended with respect to item number
83 by striking ‘‘construction’’ and inserting ‘‘planning, design,
engineering, and construction’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division G of Public
Law 108–199 is deemed to be amended with respect to item number
216 by striking ‘‘for construction’’ and inserting ‘‘for planning,
design, and engineering’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division I of Public
Law 108–447 is deemed to be amended with respect to item 9
by striking ‘‘for costs associated with the construction’’ and inserting
‘‘to be used for the planning and design’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division I of Public
Law 108–447 is deemed to be amended with respect to item 260
by adding before the period ‘‘including $120,000 for property renova-
tion at 754 Broad Street for the Family Center emergency shelter
for families and children’’.
The referenced statement of the managers accompanying Public
Law 106–74 is deemed to be amended by inserting on page 113
‘‘, of which $47,500 may be used for physical improvements at
the South Providence Development Corporation business incubator
facility or CleanScape, including associated project management
costs’’ after ‘‘$100,000 for the South Providence Development Cor-
poration in Providence, Rhode Island for a child care facility’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division I of Public
Law 108–447 is deemed to be amended with respect to item number
30 by striking ‘‘City of San Francisco’’ and inserting ‘‘San Francisco
Museum and Historical Society’’.
The referenced statement of the managers under the heading
‘‘Community Development Fund’’ in title II of division G of Public
Law 108–199 is deemed to be amended with respect to item number
122 by striking ‘‘City of San Francisco’’ and inserting ‘‘San Francisco
Museum and Historical Society’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 855 by striking ‘‘the Skagit County Children’s
Museum in Mount Vernon, Washington for facilities improvements
and renovation’’ and inserting ‘‘the Children’s Museum of Skagit
County in Mount Vernon, Washington to purchase and renovate
a building’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 1027 by striking ‘‘planning and design’’ and
inserting ‘‘planning, design, construction and buildout’’.
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PUBLIC LAW 109–115—NOV. 30, 2005
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 946 by striking ‘‘capital’’ and inserting ‘‘planning,
design, engineering, and construction’’.
The referenced statement of the managers under this heading
in Public Law 108–447 is deemed to be amended with respect
to item number 731 by striking ‘‘rehabilitation and buildout’’ and
inserting ‘‘planning, evaluation, design, engineering and construc-
tion’’.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $3,000,000, to remain avail-
able until September 30, 2007, as authorized by section 108 of
the Housing and Community Development Act of 1974, as amended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $137,500,000, notwithstanding any
aggregate limitation on outstanding obligations guaranteed in sec-
tion 108(k) of the Housing and Community Development Act of
1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $750,000 shall be transferred to and
merged with the appropriation for ‘‘Salaries and expenses’’.
BROWNFIELDS REDEVELOPMENT
(INCLUDING RESCISSION OF FUNDS)
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment projects,
$10,000,000, to remain available until September 30, 2007: Pro-
vided, That $10,000,000 shall be rescinded from unobligated bal-
ances from prior years appropriations under this heading and,
to the extent there are insufficient balances, any additional rescis-
sion amounts shall be rescinded from funds appropriated under
this heading for fiscal year 2006.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act, as amended, $1,750,000,000, to remain available until Sep-
tember 30, 2008: Provided, That of the total amount provided in
this paragraph, up to $42,000,000 shall be available for housing
counseling under section 106 of the Housing and Urban Develop-
ment Act of 1968, and $1,000,000 shall be transferred to the
Working Capital Fund.
In addition to amounts otherwise made available under this
heading, $25,000,000, to remain available until September 30, 2008,
for assistance to homebuyers as authorized under title I of the
American Dream Downpayment Act.
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SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the Self-Help and Assisted Homeownership Opportunity
Program, $61,000,000, to remain available until September 30,
2008: Provided, That of the total amount provided in this heading
$20,000,000 shall be made available to the Self Help Homeowner-
ship Opportunity Program as authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That $30,000,000 shall be made available for
capacity building, of which $26,500,000 shall be for capacity building
for Community Development and affordable Housing for LISC and
the Enterprise Foundation for activities authorized by section 4
of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
as in effect immediately before June 12, 1997, and $3,500,000
shall be made available for capacity building activities administered
by Habitat for Humanity International: Provided further, That
$3,000,000 shall be made available to the Housing Assistance
Council; $1,000,000 shall be made available to the National Amer-
ican Indian Housing Council; $4,000,000 shall be available as a
grant to the Raza Development Fund of La Raza for the HOPE
Fund, of which $500,000 is for technical assistance and fund
management, and $3,500,000 is for investments in the HOPE Fund
and financing to affiliated organizations; $2,000,000 shall be avail-
able as a grant to the National Housing Development Corporation
for operating expenses and a program of affordable housing acquisi-
tion and rehabilitation; and $1,000,000 shall be made available
to the Special Olympics National Organizing Committee for plan-
ning, equipment and operational expenses associated with the 2006
games in Ames, Iowa.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act, as amended; the supportive housing program as authorized
under subtitle C of title IV of such Act; the section 8 moderate
rehabilitation single room occupancy program as authorized under
the United States Housing Act of 1937, as amended, to assist
homeless individuals pursuant to section 441 of the McKinney-
Vento Homeless Assistance Act; and the shelter plus care program
as authorized under subtitle F of title IV of such Act,
$1,340,000,000, of which $1,320,000,000 shall remain available until
September 30, 2008, and of which $20,000,000 shall remain avail-
able until expended: Provided, That not less than 30 percent of
funds made available, excluding amounts provided for renewals
under the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for services shall
be matched by 25 percent in funding by each grantee: Provided
further, That the Secretary shall renew on an annual basis expiring
contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed
under the applicable continuum of care and meets appropriate
program requirements and financial standards, as determined by
the Secretary: Provided further, That all awards of assistance under
this heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
Contracts.
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PUBLIC LAW 109–115—NOV. 30, 2005
employment programs for which homeless populations may be
eligible, including Medicaid, State Children’s Health Insurance Pro-
gram, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance
Abuse Block Grant, Workforce Investment Act, and the Welfare-
to-Work grant program: Provided further, That up to $11,674,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical assist-
ance: Provided further, That $1,000,000 of the funds appropriated
under this heading shall be transferred to the Working Capital
Fund: Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if recap-
tured, for Shelter Plus Care renewals in fiscal year 2006.
HOUSING PROGRAMS
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
and 
for 
supportive 
services 
associated 
with 
the 
housing,
$742,000,000, to remain available until September 30, 2009, of
which amount $51,600,000 shall be for service coordinators and
the continuation of existing congregate service grants for residents
of assisted housing projects, and of which amount up to $24,800,000
shall be for grants under section 202b of the Housing Act of 1959
(12 U.S.C. 1701q–2) for conversion of eligible projects under such
section to assisted living or related use and for emergency capital
repairs as determined by the Secretary: Provided, That of the
amount made available under this heading, $4,000,000 shall be
made available to carry out section 203 of Public Law 108–186:
Provided further, That of the amount made available under this
heading, $20,000,000 shall be available to the Secretary of Housing
and Urban Development only for making competitive grants to
private nonprofit organizations and consumer cooperatives for cov-
ering costs of architectural and engineering work, site control, and
other planning relating to the development of supportive housing
for the elderly that is eligible for assistance under section 202
of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further,
That amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 capital advance projects: Provided fur-
ther, That $400,000 of the total amount made available under
this heading shall be transferred to the Working Capital Fund:
Provided further, That the Secretary may waive the provisions
of section 202 governing the terms and conditions of project rental
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration.
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HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabil-
ities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for supportive services associated
with the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental assistance
contracts entered into pursuant to section 811 of such Act,
$239,000,000 to remain available until September 30, 2009: Pro-
vided, That $400,000 shall be transferred to the Working Capital
Fund: Provided further, That, of the amount provided under this
heading $78,300,000 shall be for amendments or renewal of tenant-
based assistance contracts entered into prior to fiscal year 2005
(only one amendment authorized for any such contract): Provided
further, That of the amount provided under this heading, the Sec-
retary may make available up to $5,000,000 for incremental tenant-
based rental assistance, as authorized by section 811 of such Act
(which assistance is 5 years in duration): Provided further, That
all tenant-based assistance made available under this heading shall
continue to remain available only to persons with disabilities: Pro-
vided further, That the Secretary may waive the provisions of
section 811 governing the terms and conditions of project rental
assistance and tenant-based assistance, except that the initial con-
tract term for such assistance shall not exceed 5 years in duration:
Provided further, That amounts made available under this heading
shall be available for Real Estate Assessment Center Inspections
and inspection-related activities associated with section 811 Capital
Advance Projects.
OTHER ASSISTED HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in State-
aided, non-insured rental housing projects, $26,400,000, to remain
available until expended: Provided, That amendments to such con-
tracts hereafter may be for a period less than the term of the
respective contracts.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2005, and
any collections made during fiscal year 2006 and all subsequent
fiscal years, shall be transferred to the Flexible Subsidy Fund,
as authorized by section 236(g) of the National Housing Act, as
amended.
12 USC 1715z–1
note.
12 USC 1701s
note.
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PUBLIC LAW 109–115—NOV. 30, 2005
MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufac-
tured Housing Construction and Safety Standards Act of 1974,
as amended (42 U.S.C. 5401 et seq.), up to $13,000,000, to remain
available until expended, to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the total
amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections
to the Fund pursuant to section 620 of such Act: Provided further,
That the amount made available under this heading from the
general fund shall be reduced as such collections are received during
fiscal year 2006 so as to result in a final fiscal year 2006 appropria-
tion from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary
to ensure such a final fiscal year 2006 appropriation.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 2006, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing
Act, 
as 
amended, 
shall 
not 
exceed 
a 
loan 
principal 
of
$185,000,000,000.
During fiscal year 2006, obligations to make direct loans to
carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $50,000,000: Provided, That
the foregoing amount shall be for loans to nonprofit and govern-
mental entities in connection with sales of single family real prop-
erties owned by the Secretary and formerly insured under the
Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaran-
teed and direct loan program, $355,000,000, of which not to exceed
$351,000,000 shall be transferred to the appropriation for ‘‘Salaries
and expenses’’; and not to exceed $4,000,000 shall be transferred
to the appropriation for ‘‘Office of Inspector General’’. In addition,
for administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$65,500,000,000 on or before April 1, 2006, an additional $1,400
for administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments (including
a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), including the cost of loan guarantee modifications, as that
term is defined in section 502 of the Congressional Budget Act
of 1974, as amended, $8,800,000, to remain available until
expended: Provided, That commitments to guarantee loans shall
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PUBLIC LAW 109–115—NOV. 30, 2005
not exceed $35,000,000,000 in total loan principal, any part of
which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the
sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed
$20,000,000 shall be for loans to nonprofit and governmental enti-
ties in connection with the sale of single-family real properties
owned by the Secretary and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $231,400,000, of
which $211,400,000 shall be transferred to the appropriation for
‘‘Salaries and Expenses’’; and of which $20,000,000 shall be trans-
ferred to the appropriation for ‘‘Office of Inspector General’’.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $71,900,000,
of which $10,800,000 shall be transferred to the Working Capital
Fund: Provided, That to the extent guaranteed loan commitments
exceed $8,426,000,000 on or before April 1, 2006, an additional
$1,980 for administrative contract expenses shall be available for
each $1,000,000 in additional guaranteed loan commitments over
$8,426,000,000 (including a pro rata amount for any increment
below $1,000,000), but in no case shall funds made available by
this proviso exceed $14,400,000.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available
until September 30, 2007.
For administrative expenses necessary to carry out the guaran-
teed mortgage-backed securities program, $10,700,000, to be derived
from the GNMA guarantees of mortgage-backed securities guaran-
teed loan receipt account, of which not to exceed $10,700,000, shall
be transferred to the appropriation for ‘‘Salaries and Expenses’’.
POLICY DEVELOPMENT AND RESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–
1 et seq.), including carrying out the functions of the Secretary
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$56,350,000, to remain available until September 30, 2007: Pro-
vided, That of the total amount provided under this heading,
$5,000,000 shall be for the Partnership for Advancing Technology
in Housing (PATH) Initiative: Provided further, That of the amounts
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PUBLIC LAW 109–115—NOV. 30, 2005
made available for PATH under this heading, $2,500,000 shall
not be subject to the requirements of section 305 of this title:
Provided further, That the Office of Housing shall administer PATH:
Provided further, That of funds made available under this heading,
$750,000 shall be transferred to the National Research Council
for a study in accordance with the statement of the managers
accompanying this Act: Provided further, That of the funds made
available under this heading, $20,600,000 is for grants pursuant
to section 107 of the Housing and Community Development Act
of 1974, as amended, as follows: $3,000,000 to support Alaska
Native serving institutions and Native Hawaiian serving institu-
tions as defined under the Higher Education Act, as amended;
$2,600,000 for tribal colleges and universities to build, expand,
renovate, and equip their facilities and to expand the role of the
colleges into the community through the provision of needed services
such as health programs, job training and economic development
activities; $9,000,000 for the Historically Black Colleges and Univer-
sities program, of which up to $2,000,000 may be used for technical
assistance; and $6,000,000 for the Hispanic Serving Institutions
Program.
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise pro-
vided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $46,000,000, to remain available until Sep-
tember 30, 2007, of which $20,000,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds made avail-
able under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with
a specific contract, grant or loan.
OFFICE OF LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $152,000,000, to remain available until September
30, 2007, of which $9,500,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes Initia-
tive, Operation Lead Elimination Action Plan (LEAP), or the Lead
Technical Studies program under this heading or under prior appro-
priations Acts for such purposes under this heading, shall be consid-
ered to be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made available
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PUBLIC LAW 109–115—NOV. 30, 2005
under this heading, $48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs, as identified by the Secretary as having: (1) the highest
number of occupied pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-
poisoned children: Provided further, That each grantee receiving
funds under the previous proviso shall target those privately owned
units and multifamily buildings that are occupied by low-income
families as defined under section 3(b)(2) of the United States
Housing Act of 1937: Provided further, That not less than 90 percent
of the funds made available under this paragraph shall be used
exclusively for abatement, inspections, risk assessments, temporary
relocations and interim control of lead-based hazards as defined
by 42 U.S.C. 4851: Provided further, That each recipient of funds
provided under the first proviso shall make a matching contribution
in an amount not less than 25 percent: Provided further, That
each applicant shall submit a detailed plan and strategy that dem-
onstrates adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a Notice of
Funding Availability.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not other-
wise provided for, including purchase of uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901–5902; hire of passenger
motor vehicles; services as authorized by 5 U.S.C. 3109; and not
to exceed $25,000 for official reception and representation expenses,
$1,153,285,000, of which $562,400,000 shall be provided from the
various funds of the Federal Housing Administration, $10,700,000
shall be provided from funds of the Government National Mortgage
Association, $750,000 shall be from the ‘‘community development
loan guarantee program’’ account, $150,000 shall be provided by
transfer from the ‘‘Native American housing block grants’’ account,
$250,000 shall be provided by transfer from the ‘‘Indian housing
loan guarantee fund program’’ account and $35,000 shall be trans-
ferred from the ‘‘Native Hawaiian housing loan guarantee fund’’
account: Provided, That funds made available under this heading
shall only be allocated in the manner specified in the statement
of the managers accompanying this Act unless the Committees
on Appropriations of both the House of Representatives and the
Senate are notified of any changes in an operating plan or re-
programming: Provided further, That no official or employee of
the Department shall be designated as an allotment holder unless
the Office of the Chief Financial Officer (OCFO) has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control proce-
dures and directives: Provided further, That the Chief Financial
Officer shall establish positive control of and maintain adequate
systems of accounting for appropriations and other available funds
as required by 31 U.S.C. 1514: Provided further, That for purposes
of funds control and determining whether a violation exists under
Records.
42 USC 3549
note.
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PUBLIC LAW 109–115—NOV. 30, 2005
the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obliga-
tion shall be the executed agreement or contract, except with respect
to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized
under an executed agreement or contract, and shall be designated
in the approved funds control plan: Provided further, That the
Chief Financial Officer shall: (1) appoint qualified personnel to
conduct investigations of potential or actual violations; (2) establish
minimum training requirements and other qualifications for per-
sonnel that may be appointed to conduct investigations; (3) establish
guidelines and timeframes for the conduct and completion of inves-
tigations; (4) prescribe the content, format and other requirements
for the submission of final reports on violations; and (5) prescribe
such additional policies and procedures as may be required for
conducting investigations of, and administering, processing, and
reporting on, potential and actual violations of the Anti-Deficiency
Act and all other statutes and regulations governing the obligation
and expenditure of funds made available in this or any other
Act: Provided further, That up to $15,000,000 may be transferred
to the Working Capital Fund: Provided further, That the Secretary
shall fill 7 out of 10 vacancies at the GS–14 and GS–15 levels
until the total number of GS–14 and GS–15 positions in the Depart-
ment has been reduced from the number of GS–14 and GS–15
positions on the date of enactment of Public Law 106–377 by
21⁄2 percent.
WORKING CAPITAL FUND
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure
for Department-wide information technology systems, for the con-
tinuing operation of both Department-wide and program-specific
information systems, and for program-related development activi-
ties, $197,000,000, to remain available until September 30, 2007:
Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended: Provided further, That
any amounts transferred to this Fund from amounts appropriated
by previously enacted appropriations Acts or from within this Act
may be used only for the purposes specified under this Fund,
in addition to the purposes for which such amounts were appro-
priated.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$106,000,000, of which $24,000,000 shall be provided from the
various funds of the Federal Housing Administration: Provided,
That the Inspector General shall have independent authority over
all personnel issues within this office.
Government
organization.
Employment.
Requirements.
Guidelines.
Procedures.
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PUBLIC LAW 109–115—NOV. 30, 2005
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $60,000,000, to
remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund: Provided, That the Director
shall submit a spending plan for the amounts provided under this
heading no later than January 15, 2006: Provided further, That
not less than 80 percent of the total amount made available under
this heading shall be used only for examination, supervision, and
capital oversight of the enterprises (as such term is defined in
section 1303 of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the
enterprises are operating in a financially safe and sound manner
and complying with the capital requirements under Subtitle B
of such Act: Provided further, That not to exceed the amount pro-
vided 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 collec-
tions are received during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more than
$0.
ADMINISTRATIVE PROVISIONS
SEC. 301. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 302. None of the amounts made available under this
Act may be used during fiscal year 2006 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2006 that
are allocated under such section, the Secretary of Housing and
HIV/AIDS.
Grants.
Rescission.
Deadline.
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PUBLIC LAW 109–115—NOV. 30, 2005
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2006 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumu-
lative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2006, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under sub-
section (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New
York, New York, on behalf of the New York-Wayne-White Plains,
New York-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’) of the New York-Newark-Edison, NY-NJ-PA Metro-
politan Statistical Area, shall be adjusted by the Secretary of
Housing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropolitan
area’s or division’s amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division
that is located in Hudson County, New Jersey, and adjusting for
the proportion of the metropolitan division’s high incidence bonus
if this area in New Jersey also has a higher than average per
capita incidence of AIDS; and (2) allocating to the City of Paterson,
New Jersey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and adjusting
for the proportion of the metropolitan division’s high incidence
bonus if this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be adjusted
by the Secretary on the basis of area incidence reported over a
three year period.
SEC. 304. (a) During fiscal year 2006, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan notwithstanding paragraphs (3) and
(18)(B)(iii) of such section 8(o), a family residing in an assisted
New Jersey.
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PUBLIC LAW 109–115—NOV. 30, 2005
living facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section 8(o)(18)
of such Act, may be required, at the time the family initially
receives such assistance, to pay rent in an amount exceeding 40
percent of the monthly adjusted income of the family by such
a percentage or amount as the Secretary of Housing and Urban
Development determines to be appropriate.
SEC. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
III of this Act shall be made on a competitive basis and in accord-
ance with section 102 of the Department of Housing and Urban
Development Reform Act of 1989.
SEC. 306. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 307. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 308. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104
of such Act as may be necessary in carrying out the programs
set forth in the budget for 2006 for such corporation or agency
except as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for
in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or
guaranty operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial interest of
the United States Government.
SEC. 309. None of the funds provided in this title for technical
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project
or activity as part of the Budget Justifications. For fiscal year
2006, HUD shall transmit this information to the Committees by
March 15, 2006 for 30 days of review.
SEC. 310. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
Reports.
Deadline.
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on Appropriations regarding all uncommitted, unobligated, recap-
tured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 311. Notwithstanding any other provision of law, in fiscal
year 2006, in managing and disposing of any multifamily property
that is owned or held by the Secretary of Housing and Urban
Development, the Secretary shall maintain any rental assistance
payments under section 8 of the United States Housing Act of
1937 that are attached to any dwelling units in the property.
To the extent the Secretary determines that such a multifamily
property owned or held by the Secretary is not feasible for continued
rental assistance payments under such section 8, based on consider-
ation of the costs of maintaining such payments for that property
or other factors, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental assistance pay-
ments with an owner or owners of other existing housing properties,
or provide other rental assistance.
SEC. 312. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City
of Wilmington, Delaware, on behalf of the Wilmington, Delaware-
Maryland-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’), shall be adjusted by the Secretary of Housing and
Urban Development by allocating to the State of New Jersey the
proportion of the metropolitan division’s amount that is based on
the number of cases of AIDS reported in the portion of the metropoli-
tan division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division’s high incidence bonus if
this area in New Jersey also has a higher than average per capita
incidence of AIDS. The State of New Jersey shall use amounts
allocated to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity Act
(42 U.S.C. 12904) in the portion of the metropolitan division that
is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2006 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake County shall
be used to carry out eligible activities under section 855 of such
Act (42 U.S.C. 12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Oppor-
tunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that other-
wise would be allocated for fiscal year 2006 under section 854(c)
of such Act, upon the written request of an applicant, in conjunction
with the State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible grantee(s)
of the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS reported
in the portion of the metropolitan statistical area located in that
State. Any amounts allocated to a State under this section shall
North Carolina.
HIV/AIDS.
New Jersey.
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be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.
SEC. 313. Notwithstanding any other provision of law, for this
fiscal year and every fiscal year thereafter, funds appropriated
for housing for the elderly, as authorized by section 202 of the
Housing Act of 1959, as amended, and for supportive housing for
persons with disabilities, as authorized by section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act, shall be available
for the cost of maintaining and disposing of such properties that
are acquired or otherwise become the responsibility of the Depart-
ment.
SEC. 314. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2006 and
annually thereafter to the House and Senate Committees on Appro-
priations regarding the number of Federally assisted units under
lease and the per unit cost of these units to the Department of
Housing and Urban Development.
SEC. 315. The Department of Housing and Urban Development
shall submit the Department’s fiscal year 2007 congressional budget
justifications to the Committees on Appropriations of the House
of Representatives and the Senate using the identical structure
provided under this Act and only in accordance with the direction
specified in the report accompanying this Act.
SEC. 316. That incremental vouchers previously made available
under the heading ‘‘Housing Certificate Fund’’ or renewed under
the heading, ‘‘Tenant-Based Rental Assistance,’’ for non-elderly dis-
abled families shall, to the extent practicable, continue to be pro-
vided to non-elderly disabled families upon turnover.
SEC. 317. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 in the States of Alaska, Iowa and Mississippi shall estab-
lish an advisory board of not less than 6 residents of public housing
or recipients of section 8 assistance to provide advice and comment
to the public housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board shall
meet not less than quarterly.
SEC. 318. (a) Notwithstanding any other provision of law, sub-
ject to the conditions listed in subsection (b), for fiscal years 2006
and 2007, the Secretary may authorize the transfer of project-
based assistance, debt and statutorily required low-income and
very low-income use restrictions, associated with one multifamily
housing project to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units
and the net dollar amount of Federal assistance provided by
the transferring project shall remain the same in the receiving
project;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
Establishment.
State listing.
Reports.
Deadlines.
42 USC 1437
note.
12 USC 1701q–3.
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(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
shall not be required to vacate their units in the transferring
project until new units in the receiving project are available
for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving project
meets the condition specified in subsection (c)(2)(A), any lien
on the receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by
the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restrictions;
(9) any financial risk to the FHA General and Special
Risk Insurance Fund, as determined by the Secretary, would
be reduced as a result of a transfer completed under this
section; and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
Notification.
Certification.
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8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) additional assistance payments under section
236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ‘‘receiving project’’ means the multifamily
housing project to which the project-based assistance, debt,
and statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring the project-based assist-
ance, debt and the statutorily required low-income and very
low-income use restrictions to the receiving project; and,
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
SEC. 319. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title III
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
SEC. 320. (a) EXTENSION.—The Secretary of Housing and Urban
Development shall extend the term of the Moving to Work Dem-
onstration Agreement entered into between a public housing agency
and the Secretary under section 204, title V, of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public
Law 104–134, April 26, 1996) if—
(1) the public housing agency requests such extension in
writing;
(2) the public housing agency is not at the time of such
request for extension in default under its Moving to Work
Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be
extended would otherwise expire on or before September 30,
2006.
(b) TERMS.—Unless the Secretary of Housing and Urban
Development and the public housing agency otherwise agree, the
extension under subsection (a) shall be upon the identical terms
and conditions set forth in the extending agency’s existing Moving
to Work Demonstration Agreement, except that for each public
housing agency that has been or will be granted an extension
to its original Moving to Work Agreement, the Secretary shall
require that data be collected so that the effect of Moving to Work
policy changes on residents can be measured.
(c) EXTENSION PERIOD.—The extension under subsection (a)
shall be for such period as is requested by the public housing
agency, not to exceed 3 years from the date of expiration of the
extending agency’s existing Moving to Work Demonstration Agree-
ment.
(d) BREACH OF AGREEMENT.—Nothing contained in this section
shall limit the authority of the Secretary of Housing and Urban
Development to terminate any Moving to Work Demonstration
Agreement of a public housing agency if the public housing agency
is in breach of the provisions of such agreement.
SEC. 321. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
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that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 322. Incremental vouchers previously made available
under the heading, ‘‘Housing Certificate Fund’’ or renewed under
the heading, ‘‘Tenant-Based Rental Assistance’’, for family unifica-
tion shall, to the extent practicable, continue to be provided for
family unification.
SEC. 323. Section 223(f)(1) of the National Housing Act is
amended by inserting ‘‘purchase or’’ immediately before ‘‘refinancing
of existing debt’’.
SEC. 324. Section 421 of the Housing and Community Develop-
ment Act of 1987 (12 U.S.C. § 1715z–4a) is amended—
(1) in subsection (a)(1)(A), by inserting after ‘‘is’’ the fol-
lowing: ‘‘or, at the time of the violations, was’’; and
(2) in subsection (a)(1)(C), by inserting after ‘‘held’’ the
following: ‘‘or, at the time of the violations, was insured or
held’’.
SEC. 325. Notwithstanding any other provision of law, for fiscal
year 2006 and thereafter, all mortgagees receiving interest reduc-
tion payments under section 236 of the National Housing Act (12
U.S.C. 1715z–1) shall submit only electronic invoices to the Depart-
ment of Housing and Development in order to receive such pay-
ments. The mortgagees shall comply with this requirement no later
than 90 days from the date of enactment of this provision.
SEC. 326. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q–2) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202b(b)
of such Act, may, at its option, establish a single-asset nonprofit
entity to own the project and may lend the grant funds to such
entity, which may be a private nonprofit organization described
in section 831 of the American Homeownership and Economic
Opportunity Act of 2000.
SEC. 327. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assist-
ance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as defined
under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
Deadline.
Records.
12 USC 1715z–1
note.
12 USC 1715n.
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(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
issue final regulations to carry out the provisions of this section.
SEC. 328. The Secretary of Housing and Urban Development
shall give priority consideration to applications from the housing
authorities of the Counties of San Bernardino and Santa Clara
and the City of San Jose, California to participate in the Moving
to Work Demonstration Agreement under section 204, title V, of
the Omnibus Consolidated Rescissions and Appropriations Act of
1996 (Public Law 104–134, April 26, 1996): Provided, That upon
turnover, existing requirements on the re-issuance of Section 8
vouchers shall be maintained to ensure that not less than 75
percent of all vouchers shall be made available to extremely low-
income families.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2006’’.
TITLE IV
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance, and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $60,730,000, of which $2,000,000 shall remain avail-
able until expended.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a–
13b), $5,624,000, which shall remain available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $24,000,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services, and necessary
expenses of the court, as authorized by law, $15,480,000.
Judiciary
Appropriations
Act, 2006.
California.
Deadline.
Regulations.
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COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $4,348,780,000
(including the purchase of firearms and ammunition); of which
not to exceed $27,817,000 shall remain available until expended
for space alteration projects and for furniture and furnishings
related to new space alteration and construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$3,833,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the com-
pensation and reimbursement of expenses of attorneys appointed
to represent persons under the Criminal Justice Act of 1964, as
amended (18 U.S.C. 3006A); the compensation and reimbursement
of expenses of persons furnishing investigative, expert and other
services under the Criminal Justice Act of 1964 (18 U.S.C.
3006A(e)); the compensation (in accordance with Criminal Justice
Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execu-
tion of penal sentences; the compensation of attorneys appointed
to represent jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d); and for necessary training
and general administrative expenses, $717,000,000, to remain avail-
able until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$61,318,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
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COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court operations,
and the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access
to Justice Act (Public Law 100–702), $372,000,000, of which not
to exceed $15,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General, and of which not to exceed
$65,500,000 shall remain available until expended, to be expended
directly or transferred to the United States Federal Protective
Service for costs associated with building security.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $70,262,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses and of which up to $1,000,000 shall be made available
to the National Academy of Public Administration for a review
of the financial and management procedures of the Federal
Judiciary.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $22,350,000; of which $1,800,000
shall remain available through September 30, 2007, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial Sur-
vivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $600,000;
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and to the United States Court of Federal Claims Judges’ Retire-
ment Fund, as authorized by 28 U.S.C. 178(l), $3,200,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $14,400,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
SEC. 401. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
705 and 710 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 403. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 404. Within 90 days of enactment of this Act, the Adminis-
trative Office of the U.S. Courts shall submit to the Committees
on Appropriations a comprehensive financial plan for the Judiciary
allocating all sources of available funds including appropriations,
fee collections, and carryover balances, to include a separate and
detailed plan for the Judiciary Information Technology fund.
SEC. 405. Pursuant to section 140 of Public Law 97–92, and
from funds appropriated in this Act, Justices and judges of the
United States are authorized during fiscal year 2006, to receive
a salary adjustment in accordance with 28 U.S.C. 461.
SEC. 406. The existing judgeship for the eastern district of
Missouri authorized by section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101–650, 104 Stat. 5089) as amended
by Public Law 105–53, as of the effective date of this Act, shall
be extended. The first vacancy in the office of district judge in
this district occurring 20 years or more after the confirmation
date of the judge named to fill the temporary judgeship created
by section 203(c) shall not be filled.
SEC. 407. (a) Section 604 of title 28, United States Code, is
amended by adding section (4) at the end of section ‘‘(g)’’:
‘‘(4) The Director is hereby authorized:
Contracts.
Missouri.
Extension.
28 USC 133 note.
28 USC 461 note.
Deadline.
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‘‘(A) to enter into contracts for the acquisition of sever-
able services for a period that begins in one fiscal year
and ends in the next fiscal year to the same extent as
the head of an executive agency under the authority of
section 253l of title 41, United States Code;
‘‘(B) to enter into contracts for multiple years for the
acquisition of property and services to the same extent
as executive agencies under the authority of section 254c
of title 41, United States Code; and
‘‘(C) to make advance, partial, progress or other pay-
ments under contracts for property or services to the same
extent as executive agencies under the authority of section
255 of title 41, United States Code.’’.
(b) Section 612 of title 28, United States Code, is amended
by striking the current language in section (e)(2)(B) and inserting
‘‘such contract is in accordance with the Director’s authority in
section 604(g) of 28 U.S.C.; and,’’.
(c) The authorities granted in this section shall expire on Sep-
tember 30, 2010.
SEC. 408. (a) The division of the court shall release to the
Congress and to the public not later than 60 days after the date
of enactment of this Act all portions of the final report of the
independent counsel of the investigation of Henry Cisneros made
under section 594(h) of title 28, United States Code. The division
of the court shall make such orders as are appropriate to protect
the rights of any individual named in such report and to prevent
undue interference with any pending prosecution. Upon the release
of the final report, the final report shall be published pursuant
to section 594(h)(3) of title 28, United States Code.
(b)(1) After the release and publication of the final report
referred to in subsection (a), the independent counsel shall continue
his office only to the extent necessary and appropriate to perform
the noninvestigative and nonprosecutorial tasks remaining of his
statutory duties as required to conclude the functions of his office.
(2) The duties referred to in paragraph (1) shall specifically
include—
(A) the evaluation of claims for attorney fees, pursuant
to section 593(l) of title 28, United States Code;
(B) the transfer of records to the Archivist of the United
States pursuant to section 594(k) of title 28, United States
Code;
(C) compliance with oversight obligations pursuant to sec-
tion 595(a) of title 28, United States Code; and
(D) preparation of statements of expenditures pursuant
to section 595(c) of title 28, United States Code.
(c)(1) The independent counsel shall have not more than 90
days after the release and publication of the final report referred
to in subsection (a) to complete his remaining statutory duties
unless the division of the court determines that it is necessary
for the independent counsel to have additional time to complete
his remaining statutory duties.
(2) If the division of the court finds that the independent
counsel needs additional time under paragraph (1), the division
of the court shall issue a public report stating the grounds for
the extension and a proposed date for completion of all aspects
of the investigation of Henry Cisneros and termination of the office
of the independent counsel.
Reports.
Public
information.
Deadline.
Publication.
Deadline.
Public
information.
Reports.
Henry Cisneros.
Expiration date.
26 USC 604 note.
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This title may be cited as the ‘‘Judiciary Appropriations Act,
2006’’.
TITLE V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an expense allow-
ance at the rate of $50,000 per annum as authorized by 3 U.S.C.
102, $450,000: Provided, That none of the funds made available
for official expenses shall be expended for any other purpose and
any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code.
WHITE HOUSE OFFICE
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as author-
ized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided
by 3 U.S.C. 103); and not to exceed $19,000 for official entertain-
ment expenses, to be available for allocation within the Executive
Office of the President, $53,830,000: Provided, That of the funds
appropriated under this heading, $1,500,000 shall be for the Privacy
and Civil Liberties Oversight Board.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,436,000, to be
expended and accounted for as provided by 3 U.S.C. 105, 109,
110, and 112–114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclu-
sive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
3 USC 102 note.
Executive Office
of the President
Appropriations
Act, 2006.
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expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under section 3717 of title
31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Pro-
vided further, That the Executive Residence shall prepare and
submit to the Committees on Appropriations, by not later than
90 days after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the amount
of such total that consists of reimbursable political events, and
the portion of each such amount that has been reimbursed as
of the date of the report: Provided further, That the Executive
Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,700,000, to remain available
until expended, for required maintenance, safety and health issues,
and continued preventative maintenance.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021), $4,040,000.
OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $3,500,000.
Records.
Deadline.
Reports.
Deadline.
Notice.
Deadlines.
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PUBLIC LAW 109–115—NOV. 30, 2005
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $8,705,000.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $89,322,000, of which
$11,768,000 shall remain available until expended for the Capital
Investment Plan for continued modernization of the information
technology infrastructure within the Executive Office of the Presi-
dent.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $76,930,000, of which
not to exceed $3,000 shall be available for official representation
expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appro-
priations shall be applied only to the objects for which appropria-
tions were made and shall be allocated in accordance with the
terms and conditions set forth in the accompanying statement of
the managers except as otherwise provided by law: Provided further,
That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of
reviewing any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,
That none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for testimony
of officials of the Office of Management and Budget, before the
Committees on Appropriations or their subcommittees: Provided
further, That the preceding shall not apply to printed hearings
released by the Committees on Appropriations: Provided further,
That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource project
or study reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil Works
water resource planning process: Provided further, That the Office
of Management and Budget shall have not more than 60 days
in which to perform budgetary policy reviews of water resource
matters on which the Chief of Engineers has reported. The Director
of the Office of Management and Budget shall notify the appropriate
authorizing and Appropriations Committees when the 60-day review
is initiated. If water resource reports have not been transmitted
to the appropriate authorizing and appropriating committees within
Deadline.
Notification.
Deadlines.
Applicability.
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PUBLIC LAW 109–115—NOV. 30, 2005
15 days of the end of the OMB review period based on the notifica-
tion from the Director, Congress shall assume OMB concurrence
with the report and act accordingly.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701
et seq.); not to exceed $10,000 for official reception and representa-
tion expenses; and for participation in joint projects or in the
provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement, $26,908,000; of which $1,316,000 shall remain
available until expended for policy research and evaluation: Pro-
vided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology Assess-
ment Center for research activities pursuant to the Office of
National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.
1701 et seq.), $30,000,000, which shall remain available until
expended, consisting of $14,000,000 for counternarcotics research
and development projects, of which up to $1,000,000 is to be directed
to supply reduction activities, and $16,000,000 for the continued
operation of the technology transfer program: Provided, That the
$14,000,000 for counternarcotics research and development projects
shall be available for transfer to other Federal departments or
agencies.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug Control
Policy’s 
High 
Intensity 
Drug 
Trafficking 
Areas 
Program,
$227,000,000 for drug control activities consistent with the approved
strategy for each of the designated High Intensity Drug Trafficking
Areas, of which no less than 51 percent shall be transferred to
State and local entities for drug control activities, which shall
be obligated within 120 days of the date of the enactment of this
Act: Provided, That up to 49 percent, to remain available until
September 30, 2007, may be transferred to Federal agencies and
departments at a rate to be determined by the Director, of which
not less than $2,000,000 shall be used for auditing services and
associated activities, and at least $500,000 of the $2,000,000 shall
be used to develop and implement a data collection system to
measure the performance of the High Intensity Drug Trafficking
Deadline.
21 USC 1702
note.
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Areas Program: Provided further, That High Intensity Drug Traf-
ficking Areas programs designated as of September 30, 2005, shall
be funded at no less than the fiscal year 2005 initial allocation
levels unless the Director submits to the Committees on Appropria-
tions, and the Committees approve, justification for changes in
those levels based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas programs, as well as published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That a request shall be submitted
in compliance with the reprogramming guidelines to the Committees
on Appropriations for approval prior to the obligation of funds
of an amount in excess of the fiscal year 2005 budget request:
Provided further, That none of the funds made available under
this heading shall be available for the Consolidated Priority
Organization Target program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701
et seq.), $194,900,000, to remain available until expended, of which
the amounts are available as follows: $100,000,000 to support a
national media campaign, as authorized by the Drug-Free Media
Campaign Act of 1998: Provided, That the Office of National Drug
Control Policy shall maintain funding for non-advertising services
for the media campaign at no less than the fiscal year 2003 ratio
of service funding to total funds and shall continue the corporate
outreach program as it operated prior to its cancellation;
$80,000,000 to continue a program of matching grants to drug-
free communities, of which $2,000,000 shall be a directed grant
to the Community Anti-Drug Coalitions of America for the National
Community Anti-Drug Coalition Institute, as authorized in chapter
2 of the National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $1,000,000 for
the National Alliance for Model State Drug Laws; $8,500,000 for
the United States Anti-Doping Agency for anti-doping activities;
$2,900,000 for the United States membership dues to the World
Anti-Doping Agency; and $1,500,000 for evaluations and research
related to National Drug Control Program performance measures:
Provided further, That such funds may be transferred to other
Federal departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a national
media campaign, not to exceed 10 percent shall be for administra-
tion, advertising production, research and testing, labor and related
costs of the national media campaign.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, secu-
rity, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000.
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PUBLIC LAW 109–115—NOV. 30, 2005
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,455,000.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President,
to be accounted for solely on his certificate, $325,000: Provided,
That advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of carrying
out such activities.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2006’’.
TITLE VI
INDEPENDENT AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE
BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transpor-
tation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $5,941,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $500 for official reception and representation expenses,
$63,000,000 of which up to $500,000 shall be used to coordinate
with the Administrator of the Environmental Protection Agency
in the Agency’s study pursuant to H.R. 2361, as passed by the
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Senate in the first session of the 109th Congress, to assess safety
risks to both persons and the environment with regard to small
engines, as required in Public Law 108–199, including real-world
scenarios involving, among other things, operator burn, fire due
to contact with flammable items, and refueling.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote
Act of 2002, $14,200,000, of which $2,800,000 shall be transferred
to the National Institute of Standards and Technology for election
reform activities authorized under the Help America Vote Act of
2002.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $31,000,000, to be derived from the Bank Insurance
Fund, the Savings Association Insurance Fund, and the FSLIC
Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Fed-
eral Election Campaign Act of 1971, as amended, $54,700,000,
of which no less than $4,700,000 shall be available for internal
automated data processing systems, and of which not to exceed
$5,000 shall be available for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and rental of
conference rooms in the District of Columbia and elsewhere,
$25,468,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in
lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensa-
tion as authorized by 5 U.S.C. 3109: Provided further, That notwith-
standing 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences
shall be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out these
conferences.
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FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–5902, $20,499,000: Provided, That
not to exceed $2,000 shall be available for official reception and
representation expenses.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 592), the revenues and collec-
tions deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased premises;
moving governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration 
of 
federally 
owned 
buildings 
including 
grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition
of buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings
and sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or other-
wise; construction of new buildings (including equipment for such
buildings); and payment of principal, interest, and any other obliga-
tions for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,752,745,000, of
which: (1) $792,056,000 shall remain available until expended for
construction (including funds for sites and expenses and associated
design and construction services) of additional projects at the fol-
lowing locations:
New Construction:
Alabama:
Tuscaloosa, Federal Building, $34,500,000.
California:
San 
Diego, 
United 
States 
Courthouse,
$230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure,
$4,658,000.
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District of Columbia:
Coast Guard Consolidation, $24,900,000.
St. 
Elizabeths 
West 
Campus 
Infrastructure,
$13,095,000.
Southeast 
Federal 
Center 
Site 
Remediation,
$15,000,000.
Illinois:
Rockford Federal Courthouse, $34,500,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administra-
tion Consolidation, $127,600,000.
Mississippi:
Jackson, United States Courthouse, $8,750,000.
Missouri:
Jefferson 
City, 
United 
States 
Courthouse,
$5,200,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price Increases for the following existing projects:
U.S. Mission to the United Nations, New York City, New York;
FBI Office, Houston, Texas; Border Station, Del Rio, Texas;
United States Courthouse, Cape Girardeau, Missouri; United
States Courthouse, El Paso, Texas; Border Station, El Paso,
Texas; and United States Courthouse, Las Cruces, New Mexico,
$66,789,000.
Non-prospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new construc-
tion projects may be exceeded to the extent that savings are effected
in other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of
a greater amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2007 and remain
in the Federal Buildings Fund except for funds for projects as
to which funds for design or other funds have been obligated in
whole or in part prior to such date; (2) $861,376,000 shall remain
available until expended for repairs and alterations, which includes
associated design and construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh United States Court-
house, $16,136,000.
District of Columbia:
For transfer to the Navy for certain permanent
relocation expenses pursuant to section 1(e) of Public
Law 108–268, $2,000,000.
Eisenhower 
Executive 
Office 
Building,
$33,417,000.
Federal Office Building 8, $47,769,000.
Expiration date.
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Heating, Operation, and Transmission District
Repair, $18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Federal Building, $41,399,000.
Georgia:
Atlanta, 
Martin 
Luther 
King, 
Jr., 
Federal
Building, $30,129,000.
New York:
Brooklyn, 
Emanuel 
Celler 
Courthouse,
$96,924,000.
New York City, James Watson Federal Building
and United States Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $28,000,000.
Glass Fragmentation Program, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified
for each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropria-
tions of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum stand-
ards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees
of the House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ‘‘Repairs and Alterations’’,
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided further,
That all funds for repairs and alterations prospectus projects shall
expire on September 30, 2007 and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay
claims against the Government arising from any projects under
the heading ‘‘Repairs and Alterations’’ or used to fund authorized
increases in prospectus projects; (3) $168,180,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (4) $4,046,031,000
for rental of space which shall remain available until expended;
and (5) $1,885,102,000 for building operations which shall remain
available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public Buildings
Act of 1959, as amended, has not been approved, except that nec-
essary funds may be expended for each project for required expenses
Expiration date.
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PUBLIC LAW 109–115—NOV. 30, 2005
for the development of a proposed prospectus: Provided further,
That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That,
notwithstanding any other provision of law, the Administrator of
the General Services Administration is authorized and directed
to proceed with site, design, acquisition, and construction for a
new courthouse in Jefferson City, Missouri, of which planning and
design funding is provided in this Act: Provided further, That
amounts necessary to provide reimbursable special services to other
agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appro-
priate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues
and collections and any other sums accruing to this Fund during
fiscal year 2006, excluding reimbursements under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall
not be available for expenditure except as authorized in appropria-
tions Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities 
relating 
to 
acquisition, 
telecommunications,
information technology management, and related technology activi-
ties; and services as authorized by 5 U.S.C. 3109, $52,796,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and dona-
tion of surplus personal property; disposal of real property; pro-
viding Internet access to Federal information and services; agency-
wide policy direction and management, and Board of Contract
Appeals; accounting, records management, and other support serv-
ices incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $7,500 for official reception and representa-
tion expenses, $99,890,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That
not to exceed $15,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
Missouri.
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not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementa-
tion of innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That
these funds may be transferred to Federal agencies to carry out
the purposes of the Fund: Provided further, That this transfer
authority shall be in addition to any other transfer authority pro-
vided in this Act: Provided further, That such transfers may not
be made until 10 days after a proposed spending plan and justifica-
tion for each project to be undertaken has been submitted to the
Committees on Appropriations.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25, 1958,
as amended (3 U.S.C. 102 note), and Public Law 95–138, $2,952,000:
Provided, That the Administrator of General Services shall transfer
to the Secretary of the Treasury such sums as may be necessary
to carry out the provisions of such Acts.
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109, $15,000,000,
to be deposited into the Federal Citizen Information Center Fund:
Provided, That the appropriations, revenues, and collections depos-
ited into the Fund shall be available for necessary expenses of
Federal Citizen Information Center activities in the aggregate
amount not to exceed $32,000,000. Appropriations, revenues, and
collections accruing to this Fund during fiscal year 2006 in excess
of such amount shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 601. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from Government
corporations pursuant to law (40 U.S.C. 129).
SEC. 602. Funds available to the General Services Administra-
tion shall be available for the hire of passenger motor vehicles.
SEC. 603. Funds in the Federal Buildings Fund made available
for fiscal year 2006 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
Deadline.
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PUBLIC LAW 109–115—NOV. 30, 2005
to meet program requirements: Provided, That any proposed trans-
fers shall be approved in advance by the Committees on Appropria-
tions.
SEC. 604. Except as otherwise provided in this title, no funds
made available by this Act shall be used to transmit a fiscal year
2007 request for United States Courthouse construction that: (1)
does not meet the design guide standards for construction as estab-
lished and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Manage-
ment and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its approved
5-year construction plan: Provided, That the fiscal year 2007 request
must be accompanied by a standardized courtroom utilization study
of each facility to be constructed, replaced, or expanded.
SEC. 605. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usu-
ally provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 606. From funds made available under the heading ‘‘Fed-
eral Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
SEC. 607. The General Services Administration shall conduct
a program to promote the use of stairs in all Federal buildings.
SEC. 608. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations
through an operating plan change.
SEC. 609. In the case of any General Services Administration
(GSA) project subject to its published design criteria or specifica-
tions of any solicitations for offers issued for construction of a
Federal building or courthouse and to the extent GSA utilizes,
references or relies on any sustainable building rating systems
that award credit for certified wood products, GSA shall ensure
credit under its procedures and requirements to any project that
uses wood or wood products certified by a credible third party
sustainable forest certification program, including the Sustainable
Forestry Initiative and the Forest Stewardship Council: Provided,
That not later than 60 days after enactment of this Act, the
Administrator shall report to the relevant congressional committees
of jurisdiction on the progress and next steps toward recognition
of other credible sustainable building rating systems within the
GSA sustainable building procurement process.
SEC. 610. For purposes of the eTravel system, no less than
23 percent of all subcontracted dollars shall be allocated to small
businesses.
Deadline.
Reports.
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MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Num-
bered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), as
amended, including services as authorized by 5 U.S.C. 3109, rental
of conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and rep-
resentation expenses, $35,600,000 together with not to exceed
$2,605,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund, pursuant to the
Morris K. Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.), $2,000,000, to remain available until expended, of
which up to $50,000 shall be used to conduct financial audits
pursuant to the Accountability of Tax Dollars Act of 2002 (Public
Law 107–289) notwithstanding sections 8 and 9 of Public Law
102–259: Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $1,900,000, to remain available
until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration (including
the Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, and
for the hire of passenger motor vehicles, $283,045,000: Provided,
That the Archivist of the United States is authorized to use any
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excess funds available from the amount borrowed for construction
of the National Archives facility, for expenses necessary to provide
adequate storage for holdings: Provided further, That of the funds
provided in this paragraph, $2,000,000 shall be for initial move
of records, staffing, and operations of the Nixon Library.
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the development
of the electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and pro-
gram management, $37,914,000, of which $22,000,000 shall remain
available until September 30, 2008: Provided, That none of the
multi-year funds may be obligated until the National Archives
and Records Administration submits to the Committees on Appro-
priations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A–11; (2) complies with the National Archives
and Records Administration’s enterprise architecture; (3) conforms
with the National Archives and Records Administration’s enterprise
life cycle methodology; (4) is approved by the National Archives
and Records Administration and the Office of Management and
Budget; (5) has been reviewed by the Government Accountability
Office; and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facili-
ties, and to provide adequate storage for holdings, $9,682,000, to
remain available until expended, of which $1,500,000 is to construct
a new regional archives and records facility in Anchorage, Alaska,
and of which $1,000,000 is for the repair and restoration of the
plaza that surrounds the Lyndon Baines Johnson Presidential
Library that is under the joint control and custody of the University
of Texas: Provided, That such funds may be transferred directly
to the University and used, together with University funds, for
repair and restoration of the plaza and remain available until
expended for this purpose: Provided further, That such funds shall
be spent in accordance with the construction plan submitted to
the Committees on Appropriations on March 14, 2005: Provided
further, That the Archivist shall be prohibited from entering into
any agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Govern-
ment.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as
amended, $7,500,000, to remain available until expended: Provided,
That of the funds provided in this paragraph, $2,000,000 shall
be transferred to the operating expenses account for operating
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expenses of the National Historical Publications and Records
Administration.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 2006, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,
shall not exceed $1,500,000,000: Provided, That administrative
expenses of the Central Liquidity Facility in fiscal year 2006 shall
not exceed $323,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund pro-
gram as authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000
shall be available until September 30, 2007 for technical assistance
to low-income designated credit unions, and amounts of principal
and interest on loans repaid shall be available until expended
for low-income designated credit unions.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $76,700,000, of which not to exceed $2,000 may be
used for official reception and representation expenses.
(RESCISSION)
Of the available unobligated balances made available under
Public Law 106–246, $1,000,000 are rescinded.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $118,000,000, of which $5,000,000 shall be for a multi-family
rental housing program.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended, and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
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vehicles, and not to exceed $1,500 for official reception and represen-
tation expenses, $11,148,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan Num-
bered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109; medical examinations
performed for veterans by private physicians on a fee basis; rental
of conference rooms in the District of Columbia and elsewhere;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reimburse-
ments to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as amended;
and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee
to remain overnight at his or her post of duty, $122,521,000, of
which $6,983,000 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,450,000 shall
remain available until expended for the Human Resources Line
of Business project; $500,000 shall remain available until expended
for the E-Training project; and $1,412,000 shall remain available
until expended until September 30, 2007 for the E-Payroll project;
and in addition $100,017,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of Per-
sonnel Management without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this appropria-
tion shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5,
United States Code: Provided further, That no part of this appro-
priation shall be available for salaries and expenses of the Legal
Examining Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President’s
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2006,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years,
may be used for the development of publicity materials to provide
information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109, hire
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of passenger motor vehicles, $2,071,000, and in addition, not to
exceed $16,329,000 for administrative expenses to audit, inves-
tigate, and provide other oversight of the Office of Personnel
Management’s retirement and insurance programs, to be trans-
ferred from the appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference rooms
in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), as amended, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20, 1969,
as authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities author-
ized by the Act of May 29, 1944, as amended, and the Act of
August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), as amended, the Whistleblower Protection Act of 1989 (Public
Law 101–12), as amended, Public Law 107–304, and the Uniformed
Services Employment and Reemployment Act of 1994 (Public Law
103–353), including services as authorized by 5 U.S.C. 3109, pay-
ment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $15,325,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase
of uniforms, or allowances therefor, as authorized by 5 U.S.C.
33 USC 776.
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5901–5902; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; and not to exceed $750 for official reception
and representation expenses; $25,000,000: Provided, That during
the current fiscal year, the President may exempt this appropriation
from the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated
by this Act may be expended for or in connection with the induction
of any person into the Armed Forces of the United States.
UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $1,800,000.
Title II of the McKinney-Vento Homeless Assistance Act, as
amended, is amended in section 209 by striking ‘‘2005’’ and inserting
‘‘2006’’.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $116,350,000,
of which $73,000,000 shall not be available for obligation until
October 1, 2006: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further, That
6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal year
2006.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $47,998,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
26 USC 7443
note.
39 USC 403 note.
42 USC 11319.
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119 STAT. 2491
PUBLIC LAW 109–115—NOV. 30, 2005
TITLE VII
GENERAL PROVISIONS THIS ACT
(INCLUDING TRANSFERS OF FUNDS)
SEC. 701. Such sums as may be necessary for fiscal year 2006
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 702. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 703. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 704. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursu-
ant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 705. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 706. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 707. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 708. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
SEC. 709. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 710. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
Contracts.
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PUBLIC LAW 109–115—NOV. 30, 2005
available for obligation or expenditure in fiscal year 2006, or pro-
vided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on Appropria-
tions for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000 or 10 percent, which-
ever is less; (6) reduces existing programs, projects, or activities
by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorga-
nizes, or restructures a branch, division, office, bureau, board,
commission, agency, administration, or department different from
the budget justifications submitted to the Committees on Appropria-
tions or the table accompanying the statement of the managers
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for sala-
ries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 711. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2006 from appropriations made available
for salaries and expenses for fiscal year 2006 in this Act, shall
remain available through September 30, 2007, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guide-
lines.
SEC. 712. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary cir-
cumstances involving national security.
Deadline.
Reports.
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PUBLIC LAW 109–115—NOV. 30, 2005
SEC. 713. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act (Public
Law 93–400; 41 U.S.C. 422) shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
SEC. 714. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office pursuant to court approval.
SEC. 715. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 716. The provision of section 715 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 717. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition
by the Federal Government of information technology (as defined
in section 11101 of title 40, United States Code), that is a commer-
cial item (as defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)).
SEC. 718. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce—
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2
of title 12 of the Code of Federal Regulations.
SEC. 719. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Commit-
tees on Appropriations on all sole source contracts by no later
than July 31, 2006. Such report shall include the contractor, the
amount of the contract and the rationale for using a sole source
contract.
SEC. 720. The Secretary of the Treasury may transfer funds
from amounts appropriated under title II of this Act for any costs
necessary to pay for both career and non-career senior Treasury
officials and support staff in locations of economic strategic interest
throughout the world. Such positions would be used to advocate
positions of interest to the United States Government, including
open and fair financial markets, consistent with the Secretary’s
obligation under the Gold Reserve Act of 1934 (48 Stat. 337) to
promote orderly exchange arrangements and an orderly system
of exchange rates. Any transfer shall not be made available until
approved in an operating plan request by the House and Senate
Committees on Appropriations.
SEC. 721. Section 640(c) of the Treasury and General Govern-
ment Appropriations Act, 2000 (Public Law 106–58; 2 U.S.C. 437g
note), as amended by section 642 of the Treasury and General
Government Appropriations Act, 2002 (Public Law 107–67) and
by section 639 of the Transportation, Treasury, and Independent
Reports.
Deadline.
Contracts.
Abortions.
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PUBLIC LAW 109–115—NOV. 30, 2005
Agencies Appropriations Act, 2004 (Public Law 108–199), is
amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December
31, 2008’’.
SEC. 722. The Secretary of the Treasury may make payments
from the Treasury Forfeiture Fund to reimburse the United States
Secret Service for costs of protecting the Secretary of the Treasury:
Provided, That the United States Secret Service shall provide the
Department of the Treasury with a detailed, itemized list of
expenses associated with such protection: Provided further, That
the Comptroller General shall review all expenditures related to
such protection and shall determine if each expense is a reasonable
and unavoidable cost of this protection: Provided further, That
all such reimbursable expenses shall be subject to a memorandum
of understanding between the Department of the Treasury and
the United States Secret Service.
SEC. 723. Section 101 of the Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005 (Public Law 109–62; 119
Stat. 1992) is repealed.
SEC. 724. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this Act may be used for any
Federal Government contract with any foreign incorporated entity
which is treated as an inverted domestic corporation under section
835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b))
or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 725. From funds made available in this Act under the
headings ‘‘White House Office’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic Advisors’’, ‘‘National Security Council’’, ‘‘Office of Administra-
tion’’, ‘‘Office of Policy Development’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, fifteen
days after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such appro-
priation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount
of an appropriation shall not be increased by more than 50 percent
by such transfers: Provided further, That no amount shall be trans-
ferred from ‘‘Special Assistance to the President’’ or ‘‘Official Resi-
dence of the Vice President’’ without the approval of the Vice
President.
SEC. 726. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
Eminent domain.
Memorandum.
Records.
2 USC 437g note.
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PUBLIC LAW 109–115—NOV. 30, 2005
shall not be construed to include economic development that pri-
marily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, water-
related and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the govern-
ment, and projects for the removal of an immediate threat to
public health and safety or brownsfield as defined in the Small
Business Liability Relief and Brownsfield Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain: Provided further, That the Government Account-
ability Office, in consultation with the National Academy of Public
Administration, organizations representing State and local govern-
ments, and property rights organizations, shall conduct a study
to be submitted to the Congress within 12 months of the enactment
of this Act on the nationwide use of eminent domain, including
the procedures used and the results accomplished on a state-by-
state basis as well as the impact on individual property owners
and on the affected communities.
TITLE VIII
GENERAL PROVISIONS GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 801. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life threat-
ening illness of said employee.
SEC. 802. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2006 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumen-
tality.
SEC. 803. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the max-
imum shall be $9,100: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
31 USC 1343
note.
Deadline.
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be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 804. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-of-
living allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 805. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States on
the date of the enactment of this Act who, being eligible for citizen-
ship, has filed a declaration of intention to become a citizen of
the United States prior to such date and is actually residing in
the United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South Vietnam,
the countries of the former Soviet Union, or the Baltic countries
lawfully admitted to the United States for permanent residence;
(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled
in the United States after January 1, 1975; or (6) is a national
of the People’s Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992
(Public Law 102–404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima
facie evidence that the requirements of this section with respect
to his or her status have been complied with: Provided further,
That any person making a false affidavit shall be guilty of a
felony, and, upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided further,
That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary
to the provisions of this section shall be recoverable in action
by the Federal Government. This section shall not apply to citizens
of Ireland, Israel, or the Republic of the Philippines, or to nationals
of those countries allied with the United States in a current defense
effort, or to international broadcasters employed by the United
States Information Agency, or to temporary employment of trans-
lators, or to temporary employment in the field service (not to
exceed 60 days) as a result of emergencies.
SEC. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements per-
formed in accordance with the Public Buildings Act of 1959 (73
Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.
216), or other applicable law.
SEC. 807. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
Penalty.
5 USC 3101 note.
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PUBLIC LAW 109–115—NOV. 30, 2005
resulting from the sale of materials, including Federal records dis-
posed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management pro-
grams, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 808. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 809. No part of any appropriation for the current fiscal
year contained in this or any other Act shall be paid to any person
for the filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of said
person.
SEC. 810. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, commit-
tees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 811. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied
by the Postal Service or under the charge and control of the Postal
Service. The Postal Service may give such guards, with respect
to such property, any of the powers of special policemen provided
under 40 U.S.C. 1315. The Postmaster General, or his designee,
may take any action that the Secretary of Homeland Security
may take under such section with respect to that property.
SEC. 812. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a joint resolution duly adopted in accordance with the applicable
law of the United States.
SEC. 813. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 2006, by this or any other
Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
5 USC 5343 note.
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PUBLIC LAW 109–115—NOV. 30, 2005
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2006,
in an amount that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in accordance
with such section; and
(2) during the period consisting of the remainder of fiscal
year 2006, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of—
(A) the percentage adjustment taking effect in fiscal
year 2006 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average percent-
age of the locality-based comparability payments taking
effect in fiscal year 2006 under section 5304 of such title
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in
the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which subsection (a) is in effect at a rate that exceeds the
rates that would be payable under subsection (a) were subsection
(a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2005, shall be deter-
mined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2005, except to the
extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2005.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retire-
ment, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this section
not in effect.
(h) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 814. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the
Applicability.
Regulations.
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PUBLIC LAW 109–115—NOV. 30, 2005
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000
to furnish or redecorate the office of such department head, agency
head, officer, or employee, or to purchase furniture or make
improvements for any such office, unless advance notice of such
furnishing or redecoration is expressly approved by the Committees
on Appropriations. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 815. Notwithstanding section 1346 of title 31, United
States Code, or section 809 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. 816. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policy-
determining character excepted from the competitive service pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality employing
the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Depart-
ment of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Secu-
rity, the Federal Bureau of Investigation and the Drug Enforce-
ment Administration of the Department of Justice, the Depart-
ment of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions;
and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
SEC. 817. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for the current fiscal year shall obligate or expend any such
funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written
policy designed to ensure that all of its workplaces are free from
discrimination and sexual harassment and that all of its workplaces
are not in violation of title VII of the Civil Rights Act of 1964
(Public Law 88–352, 78 Stat. 241), as amended, the Age Discrimina-
tion in Employment Act of 1967 (Public Law 90–202, 81 Stat.
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602), and the Rehabilitation Act of 1973 (Public Law 93–112, 87
Stat. 355).
SEC. 818. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 819. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 820. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection
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Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the Intel-
ligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that
may compromise the national security, including sections 641, 793,
794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.’’: Provided,
That notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress or to an authorized
official of an executive agency or the Department of Justice that
are essential to reporting a substantial violation of law.
SEC. 821. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relation-
ships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation to the
Congress itself.
SEC. 822. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 823. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations.
SEC. 824. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofor authorized by the Congress.
SEC. 825. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section
105 of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
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shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable
proportion of such employee’s time in the performance of official
duties.
SEC. 826. Notwithstanding 31 U.S.C. 1346 and section 810
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 827. Notwithstanding 31 U.S.C. 1346 and section 910
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initia-
tives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the Chief
Financial Officers Council and the Joint Financial Management
Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not
exceed $10,000,000. Such transfers or reimbursements may only
be made 15 days following notification of the Committees on Appro-
priations by the Director of the Office of Management and Budget.
SEC. 828. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 829. Nothwithstanding section 1346 of title 31, United
States Code, or section 810 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science
and Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall provide
a report describing the budget of and resources connected with
the National Science and Technology Council to the Committees
on Appropriations, the House Committee on Science, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 830. Any request for proposals, solicitation, grant applica-
tion, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
Reports.
Deadline.
Breastfeeding.
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as applicable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 831. Subsection (f) of section 403 of Public Law 103–
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’: Provided,
That this provision shall not apply to the Department of Homeland
Security.
SEC. 832. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifi-
able information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to imple-
ment, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as pro-
vided in law.
SEC. 833. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any indi-
vidual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
Contracts.
Prescription
drugs.
31 USC 501 note.
Applicability.
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activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
SEC. 834. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
SEC. 835. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 836. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellow-
ship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 837. (a) Not later than 180 days after the end of the
fiscal year, the head of each Federal agency shall submit a report
to Congress on the amount of the acquisitions made by the agency
from entities that manufacture the articles, materials, or supplies
outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate—
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect
to such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on
goods manufactured in the United States versus funds spent
on goods manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the max-
imum extent practicable.
(d) This section shall not apply to acquisitions made by an
agency, or component thereof, that is an element of the intelligence
community as set forth in or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 838. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appro-
priations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 839. Notwithstanding section 1346 of title 31, United
States Code, and section 809 of this Act and any other provision
Public
information.
Deadline.
Reports.
Sports.
Drugs and drug
abuse.
Abortions.
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of law, the head of each appropriate executive department and
agency shall transfer to or reimburse the Federal Aviation Adminis-
tration, upon the direction of the Director of the Office of Manage-
ment and Budget, funds made available by this or any other Act
for the purposes described below, and shall submit budget requests
for such purposes. These funds shall be administered by the Federal
Aviation Administration, in consultation with the appropriate inter-
agency groups designated by the Director and shall be used to
ensure the uninterrupted, continuous operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior for
the entirety of fiscal year 2006 and any period thereafter that
precedes the enactment of the Transportation, Treasury, the
Judiciary, Housing and Urban Development, and Related Agencies
Appropriations Act, 2007. The Director of the Office of Management
and Budget shall mandate the necessary transfers after determining
an equitable allocation between the appropriate executive depart-
ments and agencies of the responsibility for funding the continuous
operation of the Midway Atoll Airfield based on, but not limited
to, potential use, interest in maintaining aviation safety, and
applicability to governmental operations and agency mission. The
total funds transferred or reimbursed shall not exceed $6,000,000
for any twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period cited
above. Funds shall be available for operation of the airfield or
airfield-related capital upgrades. The Director of the Office of
Management and Budget shall notify the Committees on Appropria-
tions of such transfers or reimbursements within 15 days of this
Act. Such transfers or reimbursements shall begin within 30 days
of enactment of this Act.
SEC. 840. Section 4(b) of the Federal Activities Inventory
Reform Act of 1998 (Public Law 105–270) is amended by adding
at the end the following new paragraph:
‘‘(5) Executive agencies with fewer than 100 full-time
employees as of the first day of the fiscal year. However, such
an agency shall be subject to section 2 to the extent it plans
to conduct a public-private competition for the performance
of an activity that is not inherently governmental.’’.
SEC. 841. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the
Office of Management and Budget (OMB) prior to 15 days following
submission of a report to the Committees on Appropriations by
the Director of the Office of Management and Budget and receipt
of approval to transfer funds by the House and Senate Committees
on Appropriations.
(b) The report in (a) shall detail—
(1) the amount proposed for transfer for any department
and agency by program office, bureau, or activity, as appro-
priate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds;
and
(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
Reports.
31 USC 501 note.
Deadline.
Notification.
Deadline.
Midway Atoll
Airfield.
Contracts.
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SEC. 842. (a) REQUIREMENT
FOR PUBLIC-PRIVATE COMPETI-
TION.—
(1) Notwithstanding any other provision of law, none of
the funds appropriated by this or any other Act shall be avail-
able to convert to contractor performance an activity or function
of an executive agency, that on or after the date of enactment
of this Act, is performed by more than 10 Federal employees
unless—
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function; and
(B) the Competitive Sourcing Official determines that,
over all performance periods stated in the solicitation of
offers for performance of the activity or function, the cost
of performance of the activity or function by a contractor
would be less costly to the executive agency by an amount
that equals or exceeds the lesser of—
(i) 10 percent of the most efficient organization’s
personnel-related costs for performance of that activity
or function by Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to—
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that—
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act
(41 U.S.C. 47); or
(ii) is planned to be converted to performance by
a qualified nonprofit agency for the blind or by a quali-
fied nonprofit agency for other severely handicapped
individuals in accordance with that Act;
(D) depot contracts or contracts for depot maintenance
as provided in sections 2469 and 2474 of title 10, United
States Code; or
(E) activities that are the subject of an ongoing com-
petition that was publicly announced prior to the date
of enactment of this Act.
(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office
of Management and Budget Circular A–76 shall prevent the head
of an executive agency from conducting a public-private competition
to evaluate the benefits of converting work from contract perform-
ance to performance by Federal employees in appropriate instances.
The Circular shall provide procedures and policies for these competi-
tions that are similar to those applied to competitions that may
result in the conversion of work from performance by Federal
employees to performance by a contractor.
SEC. 843. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2006 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.1 percent, and this adjustment shall
apply to civilian employees in the Department of Defense and
the Department of Homeland Security and such adjustments shall
be effective as of the first day of the first applicable pay period
beginning on or after January 1, 2006.
Pay increase.
Effective date.
5 USC 5303 note.
Contracts.
Procedures.
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PUBLIC LAW 109–115—NOV. 30, 2005
(b) Notwithstanding section 813 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take place
in fiscal year 2006 under sections 5344 and 5348 of title 5, United
States Code, shall be no less than the percentage in paragraph
(a) as employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems under section
5303 and 5304 of title 5, United States Code. Prevailing rate
employees at locations where there are no employees whose pay
is increased pursuant to sections 5303 and 5304 of title 5 and
prevailing rate employees described in section 5343(a)(5) of title
5 shall be considered to be located in the pay locality designated
as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes
of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2006.
SEC. 844. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
SEC. 845. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act) or of section 552.224
of title 48 of the Code of Federal Regulations.
SEC. 846. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government travel charge card. The department or agency may
not issue a government travel charge card to an individual that
either lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided, That this
restriction shall not preclude issuance of a restricted-use charge,
debit, or stored value card made in accordance with agency proce-
dures to: (1) an individual with an unsatisfactory credit history
where such card is used to pay travel expenses and the agency
determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) an individual who lacks
a credit history. Each executive department and agency shall estab-
lish guidelines and procedures for disciplinary actions to be taken
against agency personnel for improper, fraudulent, or abusive use
of government charge cards, which shall include appropriate dis-
ciplinary actions for use of charge cards for purposes, and at
establishments, that are inconsistent with the official business of
the Department or agency or with applicable standards of conduct.
SEC. 847. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this division shall be treated as referring
only to the provisions of this division.
This division may be cited as the ‘‘Transportation, Treasury,
Housing and Urban Development, the Judiciary, and Independent
Agencies Appropriations Act, 2006’’.
1 USC 1 note.
Guidelines.
Procedures.
5 USC 5701 note.
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PUBLIC LAW 109–115—NOV. 30, 2005
DIVISION B—DISTRICT OF COLUMBIA APPROPRIATIONS
ACT, 2006
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies for the fiscal year ending September
30, 2006, and for other purposes, namely:
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $33,200,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Pro-
gram: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor: Provided further, That not more than
$1,200,000 of the total amount appropriated for this program may
be used for administrative expenses.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected county
or city officials of surrounding jurisdictions, $13,500,000, to remain
available until expended, to reimburse the District of Columbia
for the costs of providing public safety at events related to the
presence of the national capital in the District of Columbia and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of Columbia
or surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after such amount has
been apportioned pursuant to chapter 15 of title 31, United States
Code.
Reports.
District of
Columbia
Appropriations
Act, 2006.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
$218,912,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $9,198,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District
of Columbia Superior Court, $87,342,000, of which not to exceed
$1,500 is for official reception and representation expenses; for
the District of Columbia Court System, $41,643,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $80,729,000, to remain available until September
30, 2007, for capital improvements for District of Columbia court-
house facilities: Provided, That notwithstanding any other provision
of law, a single contract or related contracts for development and
construction of facilities may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of Funds’’ found
at 48 CFR 52.232–18: Provided further, That funds made available
for capital improvements shall be expended consistent with the
General Services Administration master plan study and building
evaluation report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be appor-
tioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies, with payroll
and financial services to be provided on a contractual basis with
the General Services Administration (GSA), and such services shall
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate: Provided further, That 30 days after providing written
notice to the Committees on Appropriations of the House of Rep-
resentatives and Senate, the District of Columbia Courts may reallo-
cate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under this heading
for operations, and not more than 4 percent of the funds provided
under this heading for facilities.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under section
21–2060, D.C. Official Code (relating to representation provided
under the District of Columbia Guardianship, Protective Pro-
ceedings, and Durable Power of Attorney Act of 1986), $44,000,000,
to remain available until expended: Provided, That the funds pro-
vided in this Act under the heading ‘‘Federal Payment to the
Deadline.
Notification.
Contracts.
Reports.
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District of Columbia Courts’’ (other than the $80,729,000 provided
under such heading for capital improvements for District of
Columbia courthouse facilities) may also be used for payments
under this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds provided
in this Act under the heading ‘‘Federal Payment to the District
of Columbia Courts’’ (other than the $80,729,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under this
heading for obligations incurred during any fiscal year: Provided
further, That funds provided under this heading shall be adminis-
tered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any
other provision of law, this appropriation shall be apportioned quar-
terly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for expenses
of other Federal agencies, with payroll and financial services to
be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the prepara-
tion of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on Appro-
priations of the House of Representatives and Senate, the Com-
mittee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia and the Public Defender Service
for the District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$201,388,000, of which not to exceed $2,000 is for official receptions
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000
is for dues and assessments relating to the implementation of
the Court Services and Offender Supervision Agency Interstate
Supervision Act of 2002; of which $129,360,000 shall be for nec-
essary expenses of Community Supervision and Sex Offender Reg-
istration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or related
to such persons; of which $42,195,000 shall be available to the
Pretrial Services Agency; and of which $29,833,000 shall be trans-
ferred to the Public Defender Service for the District of Columbia:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and expenses
of other Federal agencies: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contribu-
tions of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to edu-
cate and train offenders and defendants: Provided further, That
Records.
Public
information.
Contracts.
Reports.
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the Director shall keep accurate and detailed records of the accept-
ance and use of any gift or donation under the previous proviso,
and shall make such records available for audit and public inspec-
tion: Provided further, That the Court Services and Offender Super-
vision Agency Director is authorized to accept and use reimburse-
ment from the D.C. Government for space and services provided
on a cost reimbursable basis: Provided further, That for this fiscal
year and subsequent fiscal years, the Public Defender Service is
authorized to charge fees to cover costs of materials distributed
and training provided to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and notwith-
standing section 3302 of title 31, United States Code, said fees
shall be credited to the Public Defender Service account to be
available for use without further appropriation.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $7,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Over-
flow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE
For a Federal payment to the District of Columbia Department
of Transportation, $3,000,000, to remain available until September
30, 2007, for design and construction of a continuous pedestrian
and bicycle trail system from the Potomac River to the District’s
border with Maryland.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE
For a Federal payment to the District of Columbia Department
of Transportation, $1,000,000, to operate a downtown circulator
transit system.
FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE
DISTRICT OF COLUMBIA
For the Federal payment to the District of Columbia for foster
care improvements, $2,000,000 to remain available until expended:
Provided, That $1,750,000 shall be for the Child and Family Serv-
ices Agency, of which $1,000,000 shall be for a loan repayment
program for social workers; of which $750,000 shall be for post-
adoption services: Provided further, That $250,000 shall be for
the Washington Metropolitan Council of Governments, to continue
a program in conjunction with the Foster and Adoptive Parents
Advocacy Center, to provide respite care for and recruitment of
foster parents: Provided further, That these Federal funds shall
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supplement and not supplant local funds for the purposes described
under this heading.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER
OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $29,200,000: Provided, That
these funds shall be available for the projects and in the amounts
specified in the Statement of the Managers on the conference report
accompanying this Act: Provided further, That each entity that
receives funding under this heading shall submit to the Office
of the Chief Financial Officer of the District of Columbia (CFO)
a report on the activities to be carried out with such funds no
later than March 15, 2006, and the CFO shall submit a comprehen-
sive report to the Committees on Appropriations of the House
of Representatives and the Senate no later than June 1, 2006.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $40,000,000, to be allocated as follows:
for the District of Columbia Public Schools, $13,000,000 to improve
public school education in the District of Columbia; for the State
Education Office, $13,000,000 to expand quality public charter
schools in the District of Columbia, to remain available until Sep-
tember 30, 2007; for the Secretary of the Department of Education,
$14,000,000 to provide opportunity scholarships for students in
the District of Columbia in accordance with division C, title III
of the District of Columbia Appropriations Act, 2004 (Public Law
108–199; 118 Stat. 126), of which up to $1,000,000 may be used
to administer and fund assessments.
FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS LABORATORY
For a Federal payment to the District of Columbia, $5,000,000,
to remain available until September 30, 2007, for costs associated
with the construction of a bioterrorism and forensics laboratory:
Provided, That the District of Columbia shall provide an additional
$1,500,000 with local funds as a condition of receiving this payment.
FEDERAL PAYMENT FOR THE NATIONAL GUARD YOUTH CHALLENGE
PROGRAM
For a Federal payment for the District of Columbia National
Guard Youth Challenge program, $500,000: Provided, That the
amount appropriated by this heading shall be transferred to the
Secretary of Defense and made available to the Commanding Gen-
eral of the District of Columbia National Guard for activities under
the National Guard Youth Challenge Program under section 509
of title 32, United States Code, and shall be in addition to any
matching funds otherwise required of the District of Columbia
for that Program in fiscal year 2006 under subsection (d)(4) of
such section.
FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT AND IMPROVEMENT
For a Federal payment for marriage development and improve-
ment in the District of Columbia, $3,000,000, to remain available
Reports.
Deadlines.
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until expended: Provided, That $1,500,000 shall be for the Capital
Area Asset Building Corporation for the establishment of marriage
development accounts in accordance with the requirements in the
accompanying report, of which $400,000 shall be for program plan-
ning, marketing, evaluation, and account administration: Provided
further, That $1,500,000 shall be for mentoring, counseling, commu-
nity outreach, and training and technical assistance, of which
$850,000 shall be for the National Center for Fathering and
$650,000 shall be for the East Capitol Center for Change to carry
out these activities: Provided further, That within 30 days of enact-
ment of this Act, the entities receiving funds under this title shall
submit to the Committees on Appropriations of the House and
Senate, a detailed expenditure plan and program requirements
that comport with the guidance in the accompanying report.
DISTRICT OF COLUMBIA FUNDS
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home
Rule Act (D.C. Official Code, section 1–204.50a) and provisions
of this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2006 under
this heading shall not exceed the lesser of the sum of the total
revenues of the District of Columbia for such fiscal year or
$8,700,158,000 (of which $5,007,344,000 shall be from local funds,
$1,921,287,000 shall be from Federal grant funds, $1,754,399,000
shall be from other funds, and $17,129,000 shall be from private
funds), in addition, $163,116,000 from funds previously appro-
priated in this Act as Federal payments: Provided further, That
of the local funds, $466,894,000 shall be derived from the District’s
general fund balance: Provided further, That of these funds the
District’s intradistrict authority shall be $468,486,000: in addition
for capital construction projects there is appropriated an increase
of $2,820,637,000, of which $1,072,671,000 shall be from local funds,
$49,551,000 from Highway Trust funds, $172,183,000 from the Local
Street Maintenance fund, $378,000,000 from securitization of future
revenue streams, $400,000,000 from Certificates of Participation
financing, $534,800,000 from financing for construction of a baseball
stadium, $213,432,000 from Federal grant funds, and a rescission
of $295,032,000 from local funds appropriated under this heading
in prior fiscal years, for a net amount of $2,525,605,000, to remain
available until expended: Provided further, That the amounts pro-
vided under this heading are to be allocated and expended as
proposed under ‘‘Title II—District of Columbia Funds’’ of the Fiscal
Year 2006 Proposed Budget and Financial Plan submitted to the
Congress of the United States by the District of Columbia on
June 6, 2005: Provided further, That this amount may be increased
by proceeds of one-time transactions, which are expended for emer-
gency or unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local District
law and shall comply with all reserve requirements contained in
the District of Columbia Home Rule Act as amended by this Act:
Provided further, That the Chief Financial Officer of the District
of Columbia shall take such steps as are necessary to assure that
Deadline.
Reports.
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the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations
and funds made available to the District during fiscal year 2006,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council
of the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judg-
ments that have been entered against the District of Columbia
government.
SEC. 104. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter other
than—
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting rep-
resentation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
SEC. 105. (a) None of the funds provided under this title to
the agencies funded by this title, both Federal and District govern-
ment agencies, that remain available for obligation or expenditure
in fiscal year 2006, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this title, shall be available for obligation
or expenditures for an agency through a reprogramming of funds
which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
Statehood.
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(6) augments any existing program, project, or responsi-
bility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Represent-
atives and Senate are notified in writing 15 days in advance of
the reprogramming.
(b) None the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer
of any local funds in excess of $3,000,000 from one appropriation
heading to another unless the Committees on Appropriations of
the House of Representatives and Senate are notified in writing
15 days in advance of the transfer, except that in no event may
the amount of any funds transferred exceed 4 percent of the local
funds in the appropriations.
SEC. 106. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 107. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,
section 1–601.01 et seq.), enacted pursuant to section 422(3) of
the District of Columbia Home Rule Act (D.C. Official Code, section
1–204l.22(3)), shall apply with respect to the compensation of Dis-
trict of Columbia employees. For pay purposes, employees of the
District of Columbia government shall not be subject to the provi-
sions of title 5, United States Code.
SEC. 108. No later than 30 days after the end of the first
quarter of fiscal year 2006, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and
Senate the new fiscal year 2006 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2007. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 109. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, section
2–303.03), except that the District of Columbia government or any
agency thereof may renew or extend sole source contracts for which
competition is not feasible or practical, but only if the determination
as to whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial Officer
of the District of Columbia.
SEC. 110. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, section 1–123).
SEC. 111. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care Benefits
Contracts.
Certification.
Deadline.
Estimates.
Applicability.
Applicability.
Notification.
Deadline.
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Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, section
32–701 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples, including but not
limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis
that such benefits are extended to legally married couples.
SEC. 112. (a) Notwithstanding any other provision of this Act,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia may accept, obligate, and expend Federal,
private, and other grants received by the District government that
are not reflected in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated,
or expended pursuant to subsection (a) until—
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed informa-
tion regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and expendi-
ture of a grant if—
(A) no written notice of disapproval is filed with the Sec-
retary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts appro-
priated in this title, or approved and received under subsection
(b)(2) to reflect a change in the actual amount of the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to this
section. Each such report shall be submitted to the Council of
the District of Columbia and to the Committees on Appropriations
of the House of Representatives and Senate not later than 15
days after the end of the quarter covered by the report.
SEC. 113. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the District
of Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or employee’s
residence and workplace, except in the case of—
Deadline.
Reports.
Notices.
Deadlines.
Reports.
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(1) an officer or employee of the Metropolitan Police Depart-
ment who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Serv-
ices Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2006, an inventory, as of September
30, 2005, of all vehicles owned, leased or operated by the District
of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be
taken home by a District officer or employee and if so, the officer
or employee’s title and resident location.
SEC. 114. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the District
of Columbia government for fiscal year 2006 unless—
(1) the audit is conducted by the Inspector General of
the District of Columbia, in coordination with the Chief Finan-
cial Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices
Act of 1985 (D.C. Official Code, section 2–302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the appro-
priations enacted into law for such year using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.
SEC. 115. (a) None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide assist-
ance for any petition drive or civil action which seeks to require
Congress to provide for voting representation in Congress for the
District of Columbia.
(b) Nothing in this section bars the District of Columbia Cor-
poration Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 116. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained
in this Act and who carries out any program described in subsection
(a) shall account for all funds used for such program separately
from any funds contained in this Act.
SEC. 117. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any chief
financial officer of any office of the District of Columbia government
(including any independent agency of the District of Columbia)
who has not filed a certification with the Mayor and the Chief
Expiration date.
Hypodermic
needle exchange.
Voting rights.
Audits.
Deadline.
Records.
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Financial Officer of the District of Columbia that the officer under-
stands the duties and restrictions applicable to the officer and
the officer’s agency as a result of this Act (and the amendments
made by this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the Act
and the deadline by which each report must be submitted: Provided,
That the Chief Financial Officer of the District of Columbia shall
provide to the Committees on Appropriations of the House of Rep-
resentatives and Senate by April 1, 2006 and October 1, 2006,
a summary list showing each report, the due date, and the date
submitted to the Committees.
SEC. 118. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insur-
ance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 119. The Mayor of the District of Columbia shall submit
to the Committees on Appropriations of the House of Representa-
tives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate quarterly reports addressing—
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats,
and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the effective-
ness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 120. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, section 1–204.42), for all agencies of the
District of Columbia government for fiscal year 2006 that is in
the total amount of the approved appropriation and that realigns
Deadline.
Reports.
Contraceptives.
Deadlines.
Records.
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all budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a realloca-
tion is required to address unanticipated changes in program
requirements.
SEC. 121. Notwithstanding any other law, in fiscal year 2006
and in each subsequent fiscal year, the District of Columbia Courts
shall transfer to the general treasury of the District of Columbia
all fines levied and collected by the Courts under section 10(b)(1)
and (2) of the District of Columbia Traffic Act (D.C. Official Code,
section 50–2201.05(b)(1) and (2)): Provided, that the transferred
funds are hereby made available and shall remain available until
expended and shall be used by the Office of the Attorney General
of the District of Columbia for enforcement and prosecution of
District traffic alcohol laws in accordance with section 10(b)(3)
of the District of Columbia Traffic Act (D.C. Official Code, section
50–2201.05(b)(3)).
SEC. 122. (a) None of the funds contained in this Act may
be made available to pay—
(1) the fees of an attorney who represents a party in
an action or an attorney who defends an action brought against
the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a pecu-
niary interest, either through an attorney, officer, or employee
of the firm, in any special education diagnostic services, schools,
or other special education service providers.
(b) In this section, the term ‘‘action’’ includes an administrative
proceeding and any ensuing or related proceedings before a court
of competent jurisdiction.
SEC. 123. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under
the Individuals with Disabilities Education Act (IDEA) in the Dis-
trict of Columbia to certify in writing that the attorney or represent-
ative rendered any and all services for which they receive awards,
including those received under a settlement agreement or as part
of an administrative proceeding, under the IDEA from the District
of Columbia. As part of the certification, the Chief Financial Officer
of the District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal, memberships on
boards of directors, or other relationships with any special education
diagnostic services, schools, or other special education service pro-
viders to which the attorneys have referred any clients as part
of this certification. The Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations of
the House of Representatives and Senate on the certification of
and the amount paid by the government of the District of Columbia,
including the District of Columbia Public Schools, to attorneys
in cases brought under IDEA. The Inspector General of the District
of Columbia may conduct investigations to determine the accuracy
of the certifications.
SEC. 124. The amount appropriated by this Act may be
increased by no more than $42,000,000 from funds identified in
the comprehensive annual financial report as the District’s fiscal
Reports.
Certification.
Applicability.
Certification.
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PUBLIC LAW 109–115—NOV. 30, 2005
year 2005 unexpended general fund surplus. The District may obli-
gate and expend these amounts only in accordance with the fol-
lowing conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not anticipated
to have a negative impact on the District’s long-term financial,
fiscal, and economic vitality.
(2) The District of Columbia may only use these funds
for the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in accord-
ance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies
of the District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless
the Mayor notifies the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days
in advance of the obligation or expenditure.
SEC. 125. (a) The fourth proviso in the item relating to ‘‘Federal
Payment for School Improvement’’ in the District of Columbia
Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1327)
is amended—
(1) by striking ‘‘$4,000,000’’ and inserting ‘‘$4,000,000, to
remain available until expended,’’; and
(2) by striking ‘‘$2,000,000 shall be for a new incentive
fund’’ and inserting ‘‘$2,000,000, to remain available until
expended, shall be for a new incentive fund’’.
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the District of Columbia Appro-
priations Act, 2005.
SEC. 126. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased—
(1) by an aggregate amount of not more than 25 percent,
in the case of amounts proposed to be allocated as ‘‘Other-
Type Funds’’ in the Fiscal Year 2006 Proposed Budget and
Financial Plan submitted to Congress by the District of
Columbia on June 6, 2005; and
(2) by an aggregate amount of not more than 6 percent,
in the case of any other amounts proposed to be allocated
in such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify—
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial, fiscal,
or economic health of the District.
Certification.
Effective date.
Notification.
Deadline.
Certification.
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PUBLIC LAW 109–115—NOV. 30, 2005
(2) The amounts shall be obligated and expended in accord-
ance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies
of the District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless
the Mayor has notified the Committees on Appropriations of
the House of Representatives and Senate not fewer than 30
days in advance of the obligation or expenditure.
SEC. 127. The Chief Financial Officer for the District of
Columbia may, for the purpose of cash flow management, conduct
short-term borrowing from the emergency reserve fund and from
the contingency reserve fund established under section 450A of
the District of Columbia Home Rule Act (Public Law 98–198):
Provided, That the amount borrowed shall not exceed 50 percent
of the total amount of funds contained in both the emergency
and contingency reserve funds at the time of borrowing: Provided
further, That the borrowing shall not deplete either fund by more
than 50 percent: Provided further, That 100 percent of the funds
borrowed shall be replenished within 9 months of the time of
the borrowing or by the end of the fiscal year, whichever occurs
earlier: Provided further, That in the event that short-term bor-
rowing has been conducted and the emergency or the contingency
funds are later depleted below 50 percent as a result of an emer-
gency or contingency, an amount equal to the amount necessary
to restore reserve levels to 50 percent of the total amount of funds
contained in both the emergency and contingency reserve fund
must be replenished from the amount borrowed within 60 days.
SEC. 128. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use,
or distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva-
tive.
(b) The Legalization of Marijuana for Medical Treatment Initia-
tive of 1998, also known as Initiative 59, approved by the electors
of the District of Columbia on November 3, 1998, shall not take
effect.
SEC. 129. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 130. Section 7 of the District of Columbia Stadium Act
of 1957 (Public Law 85–300, 71 Stat. 619), as amended, is further
amended by inserting after paragraph (d)(4) the following:
‘‘(e)(1) Upon receipt of a written description from the District
of Columbia of not more than 15 contiguous acres (hereinafter
referred to as ‘the 15 acres’), within the area designated ‘D’ on
the revised map entitled ‘Map to Designate Transfer of Stadium
and Lease of Parking Lots to the District’ and bound by 21st
Street, NE, Oklahoma Avenue, NE, Benning Road, NE, the Metro
line, and C Street, NE, and execution of a long-term lease by
the Mayor of the District of Columbia that is contingent upon
the Secretary’s conveyance of the 15 acres and for the purpose
consistent with this paragraph, the Secretary shall convey the 15
Abortions.
Marijuana.
Drugs and drug
abuse.
Notification.
Deadline.
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acres described land to the District of Columbia for the purpose
of siting, developing, and operating an educational institution for
the public welfare, with first preference given to a pre-collegiate
public boarding school.
‘‘(2) Upon conveyance, the portion of the stadium lease that
affects the 15 acres on the property and all the conditions associated
therewith shall terminate, and the 15 acres property shall be
removed from the ‘Map to Designate Transfer of Stadium and
Lease of Parking Lots to the District’, and the long-term lease
described in paragraph (1) shall take effect immediately. The Mayor
of the District of Columbia shall execute and deliver a quitclaim
deed to effectuate the District’s responsibilities under this section.’’.
SEC. 131. The authority that the Chief Financial Officer of
the District of Columbia exercised with respect to personnel and
the preparation of fiscal impact statements during a control period
(as defined in Public Law 104–8) shall remain in effect until Sep-
tember 30, 2006.
SEC. 132. The entire process used by the Chief Financial Officer
to acquire any and all kinds of goods, works and services by any
contractual means, including but not limited to purchase, lease
or rental, shall be exempt from all of the provisions of the District
of Columbia’s Procurement Practices Act: Provided, That provisions
made by this subsection shall take effect as if enacted in D.C.
Law 11–259 and shall remain in effect until September 30, 2006.
SEC. 133. Section 4013 of the Uniform Per Student Funding
Formula for Public Schools and Public Charter Schools Amendment
Act of 2005, passed on first reading on May 10, 2005 (engrossed
version of Bill 16–200), is hereby enacted into law.
SEC. 134. The Chief Financial Officer of the District is hereby
authorized to transfer $5,000,000 from the local funds appropriated
for the Deputy Mayor for Economic Development to the Anacostia
Waterfront Corporation and to reallocate the appropriation
authority for such funds to a heading to be entitled ‘‘Anacostia
Waterfront Corporation’’ in addition, an amount of $3,200,000 is
hereby appropriated from the local funds made available to the
Anacostia Waterfront Corporation in fiscal year 2005. Provided,
That all of the funds made available herein to the Anacostia Water-
front Corporation shall remain available until expended.
SEC. 135. Amounts appropriated in the Act for the Department
of Health may be increased by $250,000 in local funds to remain
available until expended to conduct a health study in Spring Valley.
SEC. 136. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, amendments to the Ballpark Technical
Amendments Act of 2005 and the Ballpark Fee Rebate Act of
2005 shall take effect on the date of the enactment by the District
of Columbia.
SEC. 137. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this division shall be treated as referring
only to the provisions of this division.
This division may be cited as the ‘‘District of Columbia Appro-
priations Act, 2006’’.
Effective date.
Enactment.
Effective date.
Termination
date.
Contracts.
Termination
date.
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119 STAT. 2523
PUBLIC LAW 109–115—NOV. 30, 2005
LEGISLATIVE HISTORY—H.R. 3058 (S. 1446):
HOUSE REPORTS: Nos. 109–153 (Comm. on Appropriations) and 109–307
(Comm. of Conference).
SENATE REPORTS: Nos. 109–106 accompanying S. 1446 and 109–109 (both from
Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 29, 30, considered and passed House.
Oct. 17–20, considered and passed Senate, amended.
Nov. 18, House agreed to conference report.
Nov. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 30, Presidential statement.
This Act (including divisions A and B) may be cited as the
‘‘Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006’’.
Approved November 30, 2005.
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