Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006
PL 109-108 (H.R.2862), enacted 11/22/2005

119 STAT. 2290
PUBLIC LAW 109–108—NOV. 22, 2005
Public Law 109–108
109th Congress
An Act
Making appropriations for Science, the Departments of State, Justice, and Commerce,
and related agencies for the fiscal year ending September 30, 2006, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2006, and for other purposes, namely:
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $124,456,000, of which not to exceed $3,317,000
is for the Facilities Program 2000, to remain available until
expended: Provided, That not to exceed 45 permanent positions
and 46 full-time equivalent workyears and $11,821,000 shall be
expended for the Department Leadership Program exclusive of aug-
mentation that occurred in these offices in fiscal year 2005: Provided
further, That not to exceed 26 permanent positions, 21 full-time
equivalent workyears and $3,480,000 shall be expended for the
Office of Legislative Affairs: Provided further, That not to exceed
17 permanent positions, 22 full-time equivalent workyears and
$2,764,000 shall be expended for the Office of Public Affairs: Pro-
vided further, That the Offices of Legislative Affairs and Public
Affairs may utilize, on a non-reimbursable basis details of career
employees within the ceilings provided for the Office of Legislative
Affairs and the Office of Public Affairs: Provided further, That
not less than $500,000 shall be used to contract with an independent
party to carry out a privacy assessment.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental
direction, $125,000,000, to remain available until expended: Pro-
vided, That, of the funds available $10,000,000 is for the unified
financial management system to be administered by the Unified
Financial Management System Executive Council: Provided further,
That of the funds provided, $20,000,000 is unavailable for obligation
until the Department Chief Information Officer submits the plan
described in section 110 of this title.
Department of
Justice
Appropriations
Act, 2006.
Science, State,
Justice,
Commerce, and
Related Agencies
Appropriations
Act, 2006.
Nov. 22, 2005
[H.R. 2862]
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119 STAT. 2291
PUBLIC LAW 109–108—NOV. 22, 2005
NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $90,000,000, to remain available until Sep-
tember 30, 2007: Provided, That the Attorney General shall transfer
to this account all funds made available to the Department of
Justice for the purchase of portable and mobile radios: Provided
further, That any transfer made under the preceding proviso shall
be subject to section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $215,685,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee,
$1,222,000,000, of which $45,000,000 shall be derived from prior
year unobligated balances from funds previously appropriated, to
remain available until expended: Provided, That the Trustee shall
be responsible for managing the Justice Prisoner and Alien
Transportation System and for overseeing housing related to such
detention: Provided further, That any unobligated balances avail-
able in prior years from the funds appropriated under the heading
‘‘Federal Prisoner Detention’’ shall be transferred to and merged
with the appropriation under the heading ‘‘Detention Trustee’’ and
shall be available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$68,801,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $11,000,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia, $661,959,000, of which not to
exceed $10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the total amount appro-
priated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception
and representation expenses: Provided further, That notwith-
standing section 105 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional
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119 STAT. 2292
PUBLIC LAW 109–108—NOV. 22, 2005
funding for litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ‘‘Salaries and Expenses,
General Legal Activities’’ from available appropriations for the cur-
rent fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $144,451,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, not
to exceed $116,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regard-
less of the year of collection, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2006, so as to result in a final
fiscal year 2006 appropriation from the general fund estimated
at not more than $28,451,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agree-
ments, $1,600,000,000: Provided, That of the total amount appro-
priated, not to exceed $8,000 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$20,000,000 shall remain available until expended: Provided further,
That of the funds made available under this heading, $1,500,000
shall only be available to continue ‘‘Operation Streetsweeper’’.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $214,402,000, to remain available until expended
and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits
to the Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That, notwith-
standing any other provision of law, $214,402,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain avail-
able until expended: Provided further, That the sum herein appro-
priated from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2006, so as to result in a final
fiscal year 2006 appropriation from the Fund estimated at $0.
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119 STAT. 2293
PUBLIC LAW 109–108—NOV. 22, 2005
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,320,000.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$793,031,000; of which not to exceed $6,000 shall be available
for official reception and representation expenses; of which
$4,000,000 for information technology systems shall remain avail-
able until expended; and of which not less than $12,000,000 shall
be available for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and
cabling, and shall remain available until expended.
CONSTRUCTION
For construction in space controlled, occupied or utilized by
the United States Marshals Service in United States courthouses
and Federal buildings, $8,883,000, to remain available until
expended.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, such sums as are necessary,
to remain available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$1,000,000 may be made available for the purchase and mainte-
nance of armored vehicles for transportation of protected witnesses:
Provided further, That not to exceed $9,000,000 may be made
available for the purchase, installation, maintenance and upgrade
of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and loca-
tions of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,659,000: Provided, That notwithstanding section 105 of this Act,
upon a determination by the Attorney General that emergent cir-
cumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
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119 STAT. 2294
PUBLIC LAW 109–108—NOV. 22, 2005
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,468,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not other-
wise provided for, to include inter-governmental agreements with
State and local law enforcement agencies engaged in the investiga-
tion and prosecution of individuals involved in organized crime
drug trafficking, $489,440,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under authori-
ties available to the organizations reimbursed from this appropria-
tion.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States; including purchase for police-type use of not to
exceed 3,868 passenger motor vehicles, of which 3,039 will be for
replacement only; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character pursuant to 28 U.S.C. 530C,
$5,728,737,000; of which not to exceed $150,000,000 shall remain
available until expended; of which $2,288,897,000 shall be for
counterterrorism investigations, foreign counterintelligence, and
other activities related to our national security; and of which not
to exceed $25,000,000 is authorized to be made available for making
advances for expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies while
engaged in cooperative activities related to violent crime, terrorism,
organized crime, gang-related crime, cybercrime, and drug inves-
tigations: Provided, That not to exceed $205,000 shall be available
for official reception and representation expenses.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of Feder-
ally-owned buildings; and preliminary planning and design of
projects; $37,608,000, to remain available until expended: Provided,
That $15,108,000 shall be available for the planning, design, and
construction of the Federal Bureau of Investigation Center for
Integrated Training and Technology Transfer in Redstone Arsenal:
Provided further, That $5,000,000 shall be available for a chemical
and biological evidence handling and storage facility to be co-located
with comparable facilities in existence for sample, handling and
receipt of hazardous material by the Department of the Army:
Provided further, That $10,000,000 shall be available for equipment
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119 STAT. 2295
PUBLIC LAW 109–108—NOV. 22, 2005
and associated costs for a permanent central records complex in
Frederick County, Virginia.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character pursuant to 28 U.S.C. 530C;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in such pro-
grams and the distribution of items of token value that promote
the goals of such programs; and purchase of not to exceed 1,043
passenger motor vehicles, of which 937 will be for replacement
only, for police-type use, $1,686,457,000; of which not to exceed
$75,000,000 shall remain available until expended; and of which
not to exceed $100,000 shall be available for official reception and
representation expenses.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives, including the purchase of not to exceed 822
vehicles for police-type use, of which 650 shall be for replacement
only; not to exceed $40,000 for official reception and representation
expenses; for training of State and local law enforcement agencies
with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and
fire accelerants detection; and for provision of laboratory assistance
to State and local law enforcement agencies, with or without
reimbursement, $923,613,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys’ fees as provided
by 18 U.S.C. 924(d)(2); and of which $10,000,000 shall remain
available until expended: Provided, That no funds appropriated
herein shall be available for salaries or administrative expenses
in connection with consolidating or centralizing, within the Depart-
ment of Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein shall
be used to pay administrative expenses or the compensation of
any officer or employee of the United States to implement an
amendment or amendments to 27 CFR 178.118 or to change the
definition of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove any
item from ATF Publication 5300.11 as it existed on January 1,
1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate and act
upon applications filed by corporations for relief from Federal fire-
arms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or
any other Act may be used to transfer the functions, missions,
or activities of the Bureau of Alcohol, Tobacco, Firearms and Explo-
sives to other agencies or Departments in fiscal year 2006: Provided
further, That no funds appropriated under this or any other Act
18 USC 923 note.
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119 STAT. 2296
PUBLIC LAW 109–108—NOV. 22, 2005
with respect to any fiscal year may be used to disclose part or
all of the contents of the Firearms Trace System database main-
tained by the National Trace Center of the Bureau of Alcohol,
Tobacco, Firearms and Explosives or any information required to
be kept by licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to paragraphs
(3) and (7) of such section 923(g), to anyone other than a Federal,
State, or local law enforcement agency or a prosecutor solely in
connection with and for use in a bona fide criminal investigation
or prosecution and then only such information as pertains to the
geographic jurisdiction of the law enforcement agency requesting
the disclosure and not for use in any civil action or proceeding
other than an action or proceeding commenced by the Bureau
of Alcohol, Tobacco, Firearms and Explosives, or a review of such
an action or proceeding, to enforce the provisions of chapter 44
of such title, and all such data shall be immune from legal process
and shall not be subject to subpoena or other discovery, shall
be inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other evidence
be permitted based upon such data, in any civil action pending
on or filed after the effective date of this Act in any State (including
the District of Columbia) or Federal court or in any administrative
proceeding other than a proceeding commenced by the Bureau
of Alcohol, Tobacco, Firearms and Explosives to enforce the provi-
sions of that chapter, or a review of such an action or proceeding;
except that this proviso shall not be construed to prevent the
disclosure of statistical information concerning total production,
importation, and exportation by each licensed importer (as defined
in section 921(a)(9) of such title) and licensed manufacturer (as
defined in section 921(a)(10) of such title): Provided further, That
no funds made available by this or any other Act shall be expended
to promulgate or implement any rule requiring a physical inventory
of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered pursuant
to 18 U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available under
this or any other Act may be used to deny any application for
a license under section 923 of title 18, United States Code, or
renewal of such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a license,
and is eligible to report business income or to claim an income
tax deduction for business expenses under the Internal Revenue
Code of 1986: Provided further, That of the amount provided under
this heading, $5,000,000, to remain available until expended, shall
be for the expenses necessary for site selection, architectural design,
site preparation and the development of a total cost estimate for
the construction of a permanent site for the National Center for
Explosives Training and Research: Provided further, That any funds
remaining shall be applied to the construction of the Center: Pro-
vided further, That the Director of the ATF, when considering
site selection shall consider a site collocated with other law enforce-
ment and Federal Government entities that provide similar training
and research.
Applicability.
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119 STAT. 2297
PUBLIC LAW 109–108—NOV. 22, 2005
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 768,
of which 701 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to foreign govern-
ments, $4,892,649,000: Provided, That the Attorney General may
transfer to the Health Resources and Services Administration such
amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts
with a fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal
Prison System, furnish health services to individuals committed
to the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$50,000,000 shall remain available for necessary operations until
September 30, 2007: Provided further, That, of the amounts pro-
vided for Contract Confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That the
Director of the Federal Prison System may accept donated property
and services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses
or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facili-
ties; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $90,112,000, to remain available until expended,
of which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this appro-
priation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and
42 USC 250a.
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119 STAT. 2298
PUBLIC LAW 109–108—NOV. 22, 2005
to make such contracts and commitments, without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase (not to exceed five for replacement only)
and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $3,365,000 of the funds of the corporation shall
be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance for the prevention and prosecution of violence against women
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’);
the Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecu-
torial Remedies and Other Tools to End the Exploitation of Children
Today Act of 2003 (Public Law 108–21); the Juvenile Justice and
Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); and the Vic-
tims of Trafficking and Violence Protection Act of 2000 (Public
Law 106–386); $386,502,000, including amounts for administrative
costs, to remain available until expended: Provided, That except
as otherwise provided by law, not to exceed three percent of funds
made available under this heading may be used for expenses related
to evaluation, training and technical assistance: Provided further,
That of the amount provided—
(1) $11,897,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,287,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act;
(3) $986,000 for grants for televised testimony, as author-
ized by part N of the 1968 Act;
(4) $187,308,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which—
(A) $5,100,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women;
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PUBLIC LAW 109–108—NOV. 22, 2005
(B) $10,000,000 shall be for the Office of Juvenile Jus-
tice and Delinquency Prevention for the Safe Start Pro-
gram, as authorized by the 1974 Act; and
(C) $15,000,000 shall be for transitional housing assist-
ance grants for victims of domestic violence, stalking or
sexual assault as authorized by Public Law 108–21;
(5) $63,075,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $39,166,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section
40295(a) of the 1994 Act;
(7) $4,958,000 for training programs as authorized by sec-
tion 40152 of the 1994 Act, and for related local demonstration
projects;
(8) $2,962,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
(9) $9,054,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106–
386;
(10) $39,220,000 for legal assistance for victims, as author-
ized by section 1201(c) of Public Law 106–386;
(11) $4,540,000 for enhancing protection for older and dis-
abled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $13,894,000 for the safe havens for children pilot pro-
gram, as authorized by section 1301(a) of Public Law 106–
386; and
(13) $7,155,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402(a) of Public Law 106–386.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, the Missing Children’s Assistance Act, including
salaries and expenses in connection therewith, the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108–21), the Justice for All Act
of 2004 (Public Law 108–405), and the Victims of Crime Act of
1984, $233,233,000, to remain available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and
the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106–386); and other programs; $1,142,707,000
(including amounts for administrative costs, which shall be trans-
ferred to and merged with the ‘‘Justice Assistance’’ account): Pro-
vided, That funding provided under this heading shall remain avail-
able until expended, as follows—
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(1) $416,478,000 for the Edward Byrne Memorial Justice
Assistance Grant program pursuant to the amendments made
by section 201 of H.R. 3036 of the 108th Congress, as passed
by the House of Representatives on March 30, 2004 (except
that the special rules for Puerto Rico established pursuant
to such amendments shall not apply for purposes of this Act),
of which—
(A) $10,000,000 is for the National Institute of Justice
in assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use
by law enforcement; and
(B) $85,000,000 for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with State
and local law enforcement, as authorized by section 401
of Public Law 104–294 (42 U.S.C. 13751 note);
(2) $405,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration
and Nationality Act;
(3) $30,000,000 for the Southwest Border Prosecutor Initia-
tive to reimburse State, county, parish, tribal, or municipal
governments only for costs associated with the prosecution of
criminal cases declined by local United States Attorneys offices;
(4) $191,704,000 for discretionary grants authorized by sub-
part 2 of part E, of title I of the 1968 Act, notwithstanding
the provisions of section 511 of said Act;
(5) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386;
(6) $850,000 for the Missing Alzheimer’s Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(7) $10,000,000 for Drug Courts, as authorized by part
EE of the 1968 Act;
(8) $7,500,000 for a prescription drug monitoring program;
(9) $18,175,000 for prison rape prevention and prosecution
programs, as authorized by the Prison Rape Elimination Act
of 2003 (Public Law 108–79), of which $2,175,000 shall be
transferred to the National Prison Rape Elimination Commis-
sion for authorized activities;
(10) $10,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(11) $10,000,000 for a program to improve State and local
law 
enforcement 
intelligence 
capabilities 
including
antiterrorism training and training to ensure that constitu-
tional rights, civil liberties, civil rights, and privacy interests
are protected throughout the intelligence process;
(12) $1,000,000 for a capital litigation improvement grant
program;
(13) $5,000,000 for a cannabis eradication program to be
administered by the Drug Enforcement Administration;
(14) $22,000,000 for assistance to Indian tribes, of which—
(A) $9,000,000 shall be available for grants under sec-
tion 20109(a)(2) of subtitle A of title II of the 1994 Act;
(B) $8,000,000 shall be available for the Tribal Courts
Initiative; and
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(C) $5,000,000 shall be available for demonstration
projects on alcohol and crime in Indian Country; and
(15) $5,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act:
Provided, That, if a unit of local government uses any of the
funds made available under this title to increase the number of
law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses
of the Executive Office for Weed and Seed, to implement ‘‘Weed
and Seed’’ program activities, $50,000,000, to remain available until
September 30, 2007, for inter-governmental agreements, including
grants, cooperative agreements, and contracts, with State and local
law enforcement agencies, non-profit organizations, and agencies
of local government engaged in the investigation and prosecution
of violent and gang-related crimes and drug offenses in ‘‘Weed
and Seed’’ designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice
and other Federal agencies which shall be specified by the Attorney
General to execute the ‘‘Weed and Seed’’ program strategy: Provided,
That funds designated by Congress through language for other
Department of Justice appropriation accounts for ‘‘Weed and Seed’’
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ‘‘Weed
and Seed’’ program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act:
Provided further, That of the funds appropriated for the Executive
Office for Weed and Seed, not to exceed $2,000,000 shall be directed
for comprehensive community development training and technical
assistance.
COMMUNITY ORIENTED POLICING SERVICES
(INCLUDING TRANSFERS OF FUNDS)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) (including
administrative costs), $478,300,000, to remain available until
expended: Provided, That of the funds under this heading, not
to exceed $2,575,000 shall be available for the Office of Justice
Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services Office:
Provided further, That section 1703(b) and (c) of the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall
not apply to non-hiring grants made pursuant to part Q of title
I thereof (42 U.S.C. 3796dd et seq.): Provided further, That up
to $34,000,000 of balances made available as a result of prior
year deobligations may be obligated for program management and
administration, of which $5,000,000 shall be available for transfer
to the National Institute of Standards and Technology: Provided
Notification.
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further, That any balances made available as a result of prior
year deobligations in excess of $34,000,000 shall only be obligated
in accordance with section 605 of this Act. Of the amounts
provided—
(1) $30,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part
Y of the 1968 Act, of which not to exceed $3,000,000 may
be for the National Institute of Justice to test and evaluate
vests;
(2) $63,590,000 is for policing initiatives to combat meth-
amphetamine production and trafficking and to enhance
policing initiatives in ‘‘drug hot spots’’;
(3) $139,904,000 is for a law enforcement technologies and
interoperable communications program;
(4) $10,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act
of 1998 (42 U.S.C. 14601);
(5) $5,000,000 is for an offender re-entry program;
(6) $108,531,000 is for a DNA analysis and capacity
enhancement program, and for other State, local and Federal
forensic activities, of which $4,000,000 shall be for grant pro-
grams as authorized by sections 412 and 413 of Public Law
108–405;
(7) $15,000,000 is for law enforcement assistance to Indian
tribes;
(8) $40,000,000 for a national program to reduce gang
violence;
(9) $4,000,000 is for training and technical assistance;
(10) $18,500,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act (42 U.S.C. 3797j et seq.);
(11) $28,775,000 is for grants, contracts and other assist-
ance to States under section 102(b) of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601); and
(12) $15,000,000 is for Project Safe Neighborhoods, of which
$4,500,000 is for the National District Attorneys Association
to conduct prosecutorial training by the National Advocacy
Center.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the Act’’), and other juvenile justice programs,
including salaries and expenses in connection therewith to be trans-
ferred to and merged with the appropriations for Justice Assistance,
$342,739,000, to remain available until expended, as follows—
(1) $712,000 for concentration of Federal efforts, as author-
ized by section 204 of the Act;
(2) $80,000,000 for State and local programs authorized
by section 221 of the Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
(3) $106,027,000 for demonstration projects, as authorized
by sections 261 and 262 of the Act;
(4) $10,000,000 for juvenile mentoring programs;
(5) $65,000,000 for delinquency prevention, as authorized
by section 505 of the Act, of which—
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(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $25,000,000 shall be for a gang resistance education
and training program; and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $6,640,000 shall be available for discretionary
grants to States, for programs and activities to enforce
State laws prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of alcoholic bev-
erages by minors, prevention and reduction of consumption
of alcoholic beverages by minors, and for technical assist-
ance and training;
(6) $1,000,000 for Project Childsafe;
(7) $15,000,000 for the Secure Our Schools Act as author-
ized by Public Law 106–386;
(8) $15,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990; and
(9) $50,000,000 for the Juvenile Accountability Block
Grants program as authorized by Public Law 107–273 and
Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of each amount may be used for
training and technical assistance: Provided further, That the pre-
vious two provisos shall not apply to demonstration projects, as
authorized by sections 261 and 262 of the Act: Provided further,
That section 702(a) of Public Law 88–352 shall apply to any grants
for World Vision, described in House Report No. 108–792 and the
statement of managers accompanying this Act, and awarded by
the Attorney General.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796), such sums as are necessary, as
authorized by section 6093 of Public Law 100–690 (102 Stat. 4339–
4340); and $4,884,000, to remain available until expended for pay-
ments as authorized by section 1201(b) of said Act; and $4,064,000
for educational assistance, as authorized by section 1212 of the
1968 Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $60,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 102. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 103. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
Abortion.
Applicability.
Grants.
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PUBLIC LAW 109–108—NOV. 22, 2005
SEC. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 103 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 105. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
none of the funds appropriated to ‘‘Buildings and Facilities, Federal
Prison System’’ in this or any other Act may be transferred to
‘‘Salaries and Expenses, Federal Prison System’’, or any other
Department of Justice account, unless the President certifies that
such a transfer is necessary to the national security interests of
the United States, and such authority shall not be delegated, and
shall be subject to section 605 of this Act.
SEC. 106. The Attorney General is authorized to extend through
September 30, 2007, the Personnel Management Demonstration
Project transferred to the Attorney General pursuant to section
1115 of the Homeland Security Act of 2002, Public Law 107–
296 (6 U.S.C. 533) without limitation on the number of employees
or the positions covered.
SEC. 107. Notwithstanding any other provision of law, Public
Law 102–395 section 102(b) shall extend to the Bureau of Alcohol,
Tobacco, Firearms and Explosives in the conduct of undercover
investigative operations and shall apply without fiscal year limita-
tion with respect to any undercover investigative operation initiated
by the Bureau of Alcohol, Tobacco, Firearms and Explosives that
is necessary for the detection and prosecution of crimes against
the United States.
SEC. 108. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of transporting
an individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other facility
certified by the Federal Bureau of Prisons as appropriately secure
for housing such a prisoner.
SEC. 109. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
to rent or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
SEC. 110. Within the funds provided under ‘‘Justice Information
Sharing Technology’’, the Attorney General shall establish an
investment review board, which the Deputy Attorney General shall
head: Provided, That within 90 days of enactment of this Act,
the Department shall submit a plan that outlines the governance
Deadline.
Establishment.
Applicability.
28 USC 533 note.
5 USC 3104 note.
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structure and membership of the board: Provided further, That
the Department shall submit to the Committee on Appropriations
of the Senate and the Committee on Appropriations of the House
of Representatives, within 90 days of enactment of this Act, the
project criteria that will initiate the board’s oversight, to include
a listing of all projects to be reviewed during fiscal year 2006.
SEC. 111. Section 3151(b) of title 5, United States Code, is
amended by—
(1) striking paragraph (2)(A) and (B);
(2) in paragraph (1) by striking ‘‘(1)’’; and
(3) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
SEC. 112. Within the funds provided for the Drug Enforcement
Administration, the Attorney General shall establish a Meth-
amphetamine Task Force within the Drug Enforcement Administra-
tion which shall be responsible for improving and targeting the
Federal Government’s policies with respect to the production and
trafficking of methamphetamine: Provided, That within 90 days
of enactment of this Act, the Drug Enforcement Administration
shall submit a plan that outlines the governance structure and
membership of the task force: Provided further, That within 120
days the Drug Enforcement Administration shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives the membership
of the task force and powers established for the task force.
SEC. 113. (a) Section 4(a) of the Prison Rape Elimination Act
of 2003 (42 U.S.C. 15603(a)) is amended—
(1) in paragraph (5), by inserting ‘‘, except as authorized
in paragraph (7)’’ before the period at the end; and
(2) by adding at the end the following new paragraph:
‘‘(7) REPORTING ON CHILD ABUSE AND NEGLECT.—Nothing
in section 304 or 812 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3735, 3789g) or any
other provision of law, including paragraph (5), shall prevent
the Bureau (including its agents), in carrying out the review
and analysis under paragraph (1), from reporting to the des-
ignated public officials such information (and only such informa-
tion) regarding child abuse or child neglect with respect to
which the statutes or regulations of a State (or a political
subdivision thereof) require prompt reporting.’’.
(b) Section 7(d)(3)(A) of the Prison Rape Elimination Act of
2003 (42 U.S.C. 15606(d)(3)(A)) is amended by striking ‘‘2 years’’
and inserting ‘‘3 years’’.
SEC. 114. The Attorney General shall waive the matching
requirement for the purchase of bulletproof vests of the Bulletproof
Vest Partnership Grant Act of 1998 for any law enforcement agency
that purchased defective Zylon-based body armor with Federal funds
pursuant to such Act between October 1, 1998, and September
30, 2005, and seeks to replace that Zylon-based body armor, pro-
vided that the law enforcement agency can present documentation
to prove the purchase of Zylon-based body armor with funds
awarded to it under such Act.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2006’’.
Bulletproof vests.
Deadline.
Deadline.
Establishment.
Deadline.
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PUBLIC LAW 109–108—NOV. 22, 2005
TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $44,779,000, of which $1,000,000 shall remain avail-
able until expended: Provided, That not to exceed $124,000 shall
be available for official reception and representation expenses: Pro-
vided further, That not less than $2,000,000 provided under this
heading shall be for expenses authorized by 19 U.S.C. 2451 and
1677b(c): Provided further, That negotiations shall be conducted
within the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping and
countervailing duties: Provided further, That negotiations shall be
conducted within the World Trade Organization consistent with
the negotiating objectives contained in the Trade Act of 2002, Public
Law 107–210.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $62,752,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 40118; employment of Ameri-
cans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to
Department of
Commerce and
Related Agencies
Appropriations
Act, 2006.
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exceed $327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not to
exceed $45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $406,925,000, to remain available
until September 30, 2007, of which $8,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$47,434,000 shall be for Manufacturing and Services; $39,815,000
shall be for Market Access and Compliance; $62,134,000 shall be
for the Import Administration of which not less than $3,000,000
is for the Office of China Compliance; $231,722,000 shall be for
the United States and Foreign Commercial Service; and $25,820,000
shall be for Executive Direction and Administration: Provided fur-
ther, That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute monies
collected from antidumping and countervailing duties: Provided fur-
ther, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities without regard to section 5412
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange
Act of 1961 shall include payment for assessments for services
provided as part of these activities: Provided further, That the
International Trade Administration shall be exempt from the
requirements of Circular A–25 (or any successor administrative
regulation or policy) issued by the Office of Management and
Budget: Provided further, That negotiations shall be conducted
within the World Trade Organization consistent with the negoti-
ating objectives contained in the Trade Act of 2002, Public Law
107–210.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; payment of tort claims, in the manner authorized
in the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under the
Export Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official use
and motor vehicles for law enforcement use with special require-
ment vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $76,000,000, to remain
available until expended, of which $14,767,000 shall be for inspec-
tions and other activities related to national security: Provided,
That the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
Applicability.
Applicability.
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out these activities: Provided further, That payments and contribu-
tions collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the public
with respect to the export administration and national security
activities of the Department of Commerce and other export control
programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $253,985,000, to remain available
until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $30,075,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, title II of the Trade Act of 1974, and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $30,024,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$80,304,000, to remain available until September 30, 2007.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $198,029,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial census,
$453,596,000, to remain available until September 30, 2007.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$160,612,000, to remain available until September 30, 2007: Pro-
vided, That none of the funds provided in this or any other Act
13 USC 5 note.
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for any fiscal year may be used for the collection of Census data
on race identification that does not include ‘‘some other race’’ as
a category.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications 
and 
Information 
Administration 
(NTIA),
$18,068,000, to remain available until September 30, 2007: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spec-
trum management, analysis, and operations, and related services
and such fees shall be retained and used as offsetting collections
for costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agen-
cies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for Telecommuni-
cation Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other Govern-
ment agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of grants authorized by section 392
of the Communications Act of 1934, $22,000,000, to remain available
until expended as authorized by section 391 of the Act: Provided,
That not to exceed $2,000,000 shall be available for program
administration as authorized by section 391 of the Act: Provided
further, That, notwithstanding the provisions of section 391 of the
Act, the prior year unobligated balances may be made available
for grants for projects for which applications have been submitted
and approved during any fiscal year.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trade-
mark Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office,
$1,683,086,000, to remain available until expended: Provided, That
the sum herein appropriated from the general fund shall be reduced
as offsetting collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376 are received during fiscal year
2006, so as to result in a fiscal year 2006 appropriation from
the general fund estimated at $0: Provided further, That during
fiscal year 2006, should the total amount of offsetting fee collections
be less than $1,683,086,000, this amount shall be reduced accord-
ingly: Provided further, That not less than 657 full-time equivalents,
690 positions and $85,017,000 shall be for the examination of trade-
mark applications; and not less than 5,810 full-time equivalents,
6,241 positions and $906,142,000 shall be for the examination and
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PUBLIC LAW 109–108—NOV. 22, 2005
searching of patent applications: Provided further, That not more
than 265 full-time equivalents, 272 positions and $37,490,000 shall
be for the Office of the General Counsel: Provided further, That
not more than 82 full-time equivalents, 83 positions and $25,393,000
shall be for the Office of the Administrator for External Affairs:
Provided further, That any deviation from the full-time equivalent,
position, and funding designations set forth in the preceding four
provisos shall be subject to the procedures set forth in section
605 of this Act: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal year
2006 for official reception and representation expenses: Provided
further, That notwithstanding section 1353 of title 31, United States
Code, no employee of the United States Patent and Trademark
Office may accept payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose
of enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to regulation
by the Office, or represents a person or corporation subject to
regulation by the Office, unless the person or corporation is an
organization exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986: Provided further, That in
fiscal year 2006, from the amounts made available for ‘‘Salaries
and Expenses’’ for the United States Patent and Trademark Office
(PTO), the amounts necessary to pay: (1) the difference between
the percentage of basic pay contributed by the PTO and employees
under section 8334(a) of title 5, United States Code, and the normal
cost percentage (as defined by section 8331(17) of that title) of
basic pay, of employees subject to subchapter III of chapter 83
of that title; and (2) the present value of the otherwise unfunded
accruing costs, as determined by the Office of Personnel Manage-
ment, of post-retirement life insurance and post-retirement health
benefits coverage for all PTO employees, shall be transferred to
the Civil Service Retirement and Disability Fund, the Employees
Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized purposes
of those accounts.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology
Office of Technology Policy, $6,000,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $399,869,000, to remain available until expended,
of which not to exceed $1,300,000 may be transferred to the
‘‘Working Capital Fund’’.
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PUBLIC LAW 109–108—NOV. 22, 2005
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Hollings Manufacturing Exten-
sion Partnership of the National Institute of Standards and Tech-
nology, $106,000,000, to remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$80,000,000, to remain available until expended.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15 U.S.C.
278c–278e, $175,898,000, to remain available until expended: Pro-
vided, That beginning in fiscal year 2007 and for each fiscal year
thereafter, the Secretary of Commerce shall include in the budget
justification materials that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Institute of Standards
and Technology construction project having a total multiyear pro-
gram cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agree-
ments; and relocation of facilities, $2,763,222,000, to remain avail-
able until September 30, 2007, except for funds provided for coopera-
tive enforcement which shall remain available until September
30, 2008: Provided, That fees and donations received by the National
Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302: Provided
further, That in addition, $3,000,000 shall be derived by transfer
from the fund entitled ‘‘Coastal Zone Management’’ and in addition
$67,000,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’: Provided further, That of the $2,833,222,000
provided for in direct obligations under this heading $2,763,222,000
is appropriated from the general fund and $70,000,000 is provided
by transfer: Provided further, That no general administrative charge
shall be applied against an assigned activity included in this Act
or the report accompanying this Act: Provided further, That the
total amount available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs shall
15 USC 1513b.
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PUBLIC LAW 109–108—NOV. 22, 2005
not exceed $179,036,000: Provided further, That payments of funds
made available under this heading to the Department of Commerce
Working Capital Fund including Department of Commerce General
Counsel legal services shall not exceed $34,000,000: Provided fur-
ther, That any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in pre-
vious years, shall be subject to the procedures set forth in section
605 of this Act: Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act
of 1972, as amended, shall not exceed $2,000,000, unless funds
provided for ‘‘Coastal Zone Management Grants’’ exceed funds pro-
vided in the previous fiscal year: Provided further, That if funds
provided for ‘‘Coastal Zone Management Grants’’ exceed funds pro-
vided in the previous fiscal year, then no State shall receive more
than 5 percent or less than 1 percent of the additional funds:
Provided further, That the personnel management demonstration
project established at the National Oceanic and Atmospheric
Administration pursuant to 5 U.S.C. 4703 may be expanded by
3,500 full-time positions to include up to 6,925 full-time positions
and may be extended indefinitely: Provided further, That the
Administrator of the National Oceanic and Atmospheric Administra-
tion may engage in formal and informal education activities,
including primary and secondary education, related to the agency’s
mission goals: Provided further, That, in accordance with the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 611 et seq.), within
funds appropriated under this heading, $2,000,000 shall remain
available until expended, for the cost of loans under section 211(e)
of title II of division C of Public Law 105–277, such loans to
have terms of up to 30 years and to be available for use in any
of the Bering Sea and Aleutian Islands fisheries.
In addition, for necessary retired pay expenses under the
Retired Serviceman’s Family Protection and Survivor Benefits Plan,
and for payments for the medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,124,278,000, to remain avail-
able until September 30, 2008, except funds provided for construc-
tion of facilities which shall remain available until expended: Pro-
vided, That of the amounts provided for the National Polar-orbiting
Operational Environmental Satellite System, funds shall only be
made available on a dollar for dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly prohibited
by any other law, the Department of Defense may delegate procure-
ment functions related to the National Polar-orbiting Operational
Environmental Satellite System to officials of the Department of
Commerce pursuant to section 2311 of title 10, United States Code:
Provided further, That any deviation from the amounts designated
for specific activities in the report accompanying this Act, or any
use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth
in section 605 of this Act: Provided further, That beginning in
15 USC 1513a.
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119 STAT. 2313
PUBLIC LAW 109–108—NOV. 22, 2005
fiscal year 2007 and for each fiscal year thereafter, the Secretary
of Commerce shall include in the budget justification materials
that the Secretary submits to Congress in support of the Depart-
ment of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code)
an estimate for each National Oceanic and Atmospheric Administra-
tion procurement, acquisition and construction program having a
total multiyear program cost of more than $5,000,000 and an esti-
mate of the budgetary requirements for each such program for
each of the five subsequent fiscal years: Provided further, That
subject to amounts provided in advance in appropriations Acts,
the Secretary of Commerce is authorized to enter into a lease
with The Regents of the University of California for land at the
San Diego Campus in La Jolla for a term not less than 55 years:
Provided further, That funds appropriated for the construction of
the National Oceanic and Atmospheric Administration Pacific
Regional Center are an additional increment in the incremental
funding planned for the Center, and may be expended incremen-
tally, through multi-year contracts for construction and related
activities, provided that obligations under any such multi-year con-
tract shall be subject to the availability of appropriations.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $67,500,000.
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ‘‘Operations, Research, and
Facilities’’ account to offset the costs of implementing such Act.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, as authorized by the
Merchant Marine Act of 1936: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in the Federal
Credit Reform Act of 1990: Provided further, That these funds
are only available to subsidize gross obligations for the principal
amount of direct loans not to exceed $5,000,000 for Individual
Fishing Quota loans, and not to exceed $59,000,000 for traditional
direct loans, of which $19,000,000 may be used for direct loans
to the United States menhaden fishery: Provided further, That
none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
OTHER
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
Contracts.
California.
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PUBLIC LAW 109–108—NOV. 22, 2005
to exceed $5,000 for official entertainment, $47,466,000: Provided,
That not to exceed 11 full-time equivalents and $1,490,000 shall
be expended for the legislative affairs function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of Public
Law 108–7, for programs promoting travel to the United States
including grants, contracts, cooperative agreements and related
costs, $4,000,000, to remain available until September 30, 2007.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $22,758,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act: Pro-
vided further, That for the National Oceanic and Atmospheric
Administration this section shall provide for transfers among appro-
priations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred
and reprogrammed to other Department of Commerce bureaus and
appropriation accounts.
SEC. 204. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
Notification.
Deadline.
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PUBLIC LAW 109–108—NOV. 22, 2005
to funding reductions included in this title or from actions taken
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 205. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Pro-
gram in section 211(b) of Public Law 108–199 shall remain available
until expended: Provided, That section 101(k) of the Emergency
Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15 U.S.C.
1841 note) is amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
SEC. 206. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to register,
issue, transfer, or enforce any trademark of the phrase ‘‘Last Best
Place’’.
SEC. 207. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ‘‘National
Institute of Standards and Technology, Construction of Research
Facilities’’, $8,000,000 is for a cooperative agreement with the Med-
ical University of South Carolina; $20,000,000 is for the National
Formulation Science Laboratory at the University of Southern Mis-
sissippi; $20,000,000 is for the University of Mississippi Research
Park; $5,000,000 is for the Alabama State University Science and
Education Building; $8,000,000 is for Tuscaloosa, Alabama, revital-
ization; $20,000,000 is for the Biomedical Research Center at the
University of Alabama at Birmingham; $3,000,000 is for the
Institute for Security Technology Studies; $1,000,000 is for the
Thayer School of Engineering; $12,000,000 is for the WVHTCF
Research Facility; and $30,000,000 is for the University of Alabama
for the design and construction of the Science and Engineering
Center.
SEC. 208. Of the amount available from the fund entitled ‘‘Pro-
mote and Develop Fishery Products and Research Pertaining to
American Fisheries’’, $7,000,000 shall be provided to the Alaska
Fisheries Marketing Board, $5,000,000 shall be available to the
Southern Shrimp Alliance for its ‘‘Wild American Shrimp Marketing
Program’’.
SEC. 209. Of the amounts made available under the heading
‘‘Procurement, Acquisition and Construction, National Oceanic and
Atmospheric Administration’’, $27,000,000 shall be transferred to
the National Aeronautics and Space Administration for the plan-
ning, design, and construction of Building 3203, for the planning
and design of Buildings 3205 and 3216, and for certain infrastruc-
ture improvements.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 2006’’.
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119 STAT. 2316
PUBLIC LAW 109–108—NOV. 22, 2005
TITLE III—SCIENCE
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601–6671), hire of passenger motor vehicles, and services
as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $5,564,000.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration research
and development activities, including research, development, oper-
ations, support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization, and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and acquisi-
tion or condemnation of real property, as authorized by law; environ-
mental compliance and restoration; space flight, spacecraft control
and communications activities including operations, production, and
services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and representa-
tion expenses; and purchase, lease, charter, maintenance and oper-
ation of mission and administrative aircraft, $9,761,400,000, to
remain available until September 30, 2007, of which amounts as
determined by the Administrator for salaries and benefits; training,
travel and awards; facility and related costs; information technology
services; science, engineering, fabricating and testing services; and
other administrative services may be transferred to ‘‘Exploration
Capabilities’’ in accordance with section 312(b) of the National
Aeronautics and Space Act of 1958, as amended by Public Law
106–377.
EXPLORATION CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration capabilities research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and acquisition or condemna-
tion of real property, as authorized by law; environmental compli-
ance and restoration; space flight, spacecraft control and commu-
nications activities including operations, production, and services;
program management; personnel and related costs, including uni-
forms or allowances therefor, as authorized by 5 U.S.C. 5901–
Science
Appropriations
Act, 2006.
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PUBLIC LAW 109–108—NOV. 22, 2005
5902; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and representa-
tion expenses; and purchase, lease, charter, maintenance and oper-
ation of mission and administrative aircraft, $6,663,000,000, to
remain available until September 30, 2007, of which amounts as
determined by the Administrator for salaries and benefits; training,
travel and awards; facility and related costs; information technology
services; science, engineering, fabricating and testing services; and
other administrative services may be transferred to ‘‘Science, Aero-
nautics and Exploration’’ in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by Public
Law 106–377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$32,400,000, to remain available until September 30, 2007.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Science, Aeronautics and Exploration’’, or ‘‘Explo-
ration Capabilities’’ by this appropriations Act, when any activity
has been initiated by the incurrence of obligations for construction
of facilities or environmental compliance and restoration activities
as authorized by law, such amount available for such activity shall
remain available until expended. This provision does not apply
to the amounts appropriated for institutional minor revitalization
and construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Science, Aeronautics and Exploration’’, or ‘‘Explo-
ration Capabilities’’ by this appropriations Act, the amounts appro-
priated for construction of facilities shall remain available until
September 30, 2008.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn. Funding shall not be made available
for Centennial Challenges unless authorized.
Funding made available under the headings ‘‘Exploration
Capabilities’’ and ‘‘Science, Aeronautics and Exploration’’ in this
Act shall be governed by the terms and conditions specified in
the statement of managers accompanying the conference report
for this Act.
The unexpired balances of prior appropriations to National
Aeronautics and Space Administration for activities for which funds
are provided under this Act may be transferred to the new account
established for the appropriation that provides such activity under
this Act. Balances so transferred may be merged with funds in
the newly established account and thereafter may be accounted
for as one fund under the same terms and conditions.
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119 STAT. 2318
PUBLIC LAW 109–108—NOV. 22, 2005
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and
the Act to establish a National Medal of Science (42 U.S.C. 1880–
1881); services as authorized by 5 U.S.C. 3109; maintenance and
operation of aircraft and purchase of flight services for research
support; 
acquisition 
of 
aircraft; 
and 
authorized 
travel;
$4,387,520,000, to remain available until September 30, 2007, of
which not to exceed $425,000,000 shall remain available until
expended for Polar research and operations support, and for
reimbursement to other Federal agencies for operational and science
support and logistical and other related activities for the United
States Antarctic program: Provided, That from funds specified in
the fiscal year 2006 budget request for icebreaking services, such
sums shall be available for the procurement of polar icebreaking
services: Provided further, That the National Science Foundation
shall reimburse the Coast Guard according to the existing memo-
randum of agreement: Provided further, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation: Provided further,
That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivi-
ties shall be reduced proportionally: Provided further, That funds
under this heading may be available for innovation inducement
prizes.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facili-
ties, and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$193,350,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant
to the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861–1875), including services as authorized by 5 U.S.C.
3109, authorized travel, and rental of conference rooms in the
District of Columbia, $807,000,000, to remain available until Sep-
tember 30, 2007: Provided, That to the extent that the amount
of this appropriation is less than the total amount authorized to
be appropriated for included program activities, all amounts,
including floors and ceilings, specified in the authorizing Act for
those program activities or their subactivities shall be reduced
proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
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1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; not to exceed $9,000 for official reception and rep-
resentation expenses; uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902; rental of conference rooms in the District
of Columbia; and reimbursement of the General Services Adminis-
tration for security guard services; $250,000,000: Provided, That
contracts may be entered into under ‘‘Salaries and Expenses’’ in
fiscal year 2006 for maintenance and operation of facilities, and
for other services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than
$9,000 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$11,500,000, to remain available until September 30, 2007.
This title may be cited as the ‘‘Science Appropriations Act,
2006’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons
on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent
of the Senate or specific Acts of Congress; arms control, non-
proliferation and disarmament activities as authorized; acquisition
by exchange or purchase of passenger motor vehicles as authorized
by law; and for expenses of general administration, $3,680,019,000:
Provided, That not to exceed 71 permanent positions and $9,804,000
shall be for the Bureau of Legislative Affairs: Provided further,
That of the amount made available under this heading, not to
exceed $4,000,000 may be transferred to, and merged with, funds
in the ‘‘Emergencies in the Diplomatic and Consular Service’’ appro-
priations account, to be available only for emergency evacuations
and terrorism rewards: Provided further, That of the amount made
Department of
State and
Related Agency
Appropriations
Act, 2006.
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available under this heading, not less than $334,000,000 shall be
available only for public diplomacy international information pro-
grams: Provided further, That of the amount made available under
this heading, not less than $2,000,000 shall be for a contribution
to the Scholar Rescue Fund endowment: Provided further, That
of the amount made available under this heading, $3,000,000 shall
be available only for the operations of the Office on Right-Sizing
the United States Government Overseas Presence: Provided further,
That funds available under this heading may be available for a
United States Government interagency task force to examine,
coordinate and oversee United States participation in the United
Nations headquarters renovation project: Provided further, That
no funds may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s
Republic of China unless, at least 15 days in advance, the Commit-
tees on Appropriations of the House of Representatives and the
Senate are notified of such proposed action: Provided further, That
funds appropriated under this heading are available, pursuant to
31 U.S.C. 1108(g), for the field examination of programs and activi-
ties in the United States funded from any account contained in
this title.
In addition, not to exceed $1,469,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out
in that section; in addition, as authorized by section 810 of the
United States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received
from English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and, in addition, not to exceed
$15,000, which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$689,523,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$58,895,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
For expenses relating to the modernization of the information
technology systems and networks of the Department of State,
$69,368,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$30,029,000, notwithstanding section 209(a)(1) of the Foreign
Deadline.
Notification.
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PUBLIC LAW 109–108—NOV. 22, 2005
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $431,790,000, to remain available until expended:
Provided, That not to exceed $2,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,281,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as author-
ized, $9,390,000, to remain available until September 30, 2007.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly
leased by the Department of State, renovating, in addition to funds
otherwise available, the Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$598,800,000, to remain available until expended as authorized,
of which not to exceed $25,000 may be used for domestic and
overseas representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for acquisi-
tion of furniture, furnishings, or generators for other departments
and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $910,200,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service, $10,000,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to and merged with the ‘‘Repatriation Loans Program Account’’,
subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $712,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974.
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In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with funds in the ‘‘Diplomatic and Consular Pro-
grams’’ account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $19,751,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $131,700,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,166,212,000: Provided, That the Secretary of State shall, at
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget and cause the United Nations budget
for the biennium 2006–2007 to exceed the revised United Nations
budget level for the biennium 2004–2005 of $3,695,480,000: Pro-
vided further, That any payment of arrearages under this title
shall be directed toward special activities that are mutually agreed
upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
in this paragraph shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,035,500,000,
of which 15 percent shall remain available until September 30,
2007: Provided, That none of the funds made available under this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
Deadline.
Notification.
Notification.
Deadline.
22 USC 269a
note.
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practicable): (1) the Committees on Appropriations and other appro-
priate committees of the Congress are notified of the estimated
cost and length of the mission, the national interest that will
be served, and the planned exit strategy; (2) the Committees on
Appropriations and other appropriate committees of the Congress
are notified that the United Nations has taken appropriate meas-
ures to prevent United Nations employees, contractor personnel,
and peacekeeping forces serving in any United Nations peace-
keeping mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation, and
to hold accountable individuals who engage in such acts while
participating in the peacekeeping mission; and (3) a reprogramming
of funds pursuant to section 605 of this Act is submitted, and
the procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for peace-
keeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to pro-
vide equipment, services, and material for United Nations peace-
keeping activities equal to those being given to foreign manufactur-
ers and suppliers: Provided further, That none of the funds made
available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$28,000,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $5,300,000, to remain available until expended, as author-
ized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
22 USC 269a
note.
Certification.
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by Public Law 103–182, $10,039,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $24,000,000: Pro-
vided, That the United States’ share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $14,000,000, to remain avail-
able until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For a grant to the Center for Middle Eastern-Western Dialogue
Trust Fund (22 U.S.C. 2078), $5,000,000 for operation of the Center
for Middle Eastern-Western Dialogue in Istanbul, Turkey.
In addition, for necessary expenses of the Center for Middle
Eastern-Western Dialogue Trust Fund, the total amount of the
interest and earnings accruing to such Fund on or before September
30, 2006, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2006, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2006, to remain available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $19,240,000: Provided, That none of the funds
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appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endow-
ment for Democracy Act, $75,000,000, to remain available until
expended.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, rent, construction, and improve-
ment of facilities for radio and television transmission and reception
and purchase, lease, and installation of necessary equipment for
radio and television transmission and reception to Cuba, and to
make and supervise grants for radio and television broadcasting
to the Middle East, $641,450,000: Provided, That of the total
amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as author-
ized, and not to exceed $39,000 may be used for official reception
and representation expenses of Radio Free Europe/Radio Liberty;
and in addition, notwithstanding any other provision of law, not
to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooper-
ating international organizations, and not to exceed $1,000,000
in receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facili-
ties for radio and television transmission and reception, and pur-
chase and installation of necessary equipment for radio and tele-
vision transmission and reception as authorized, $10,893,000, to
remain available until expended, as authorized.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCY
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this title may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
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Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors in this title may be transferred between such appro-
priations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. None of the funds made available in this title may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broad-
casting Corporation.
SEC. 404. (a) The Senior Policy Operating Group on Trafficking
in Persons, established under section 406 of division B of Public
Law 108–7 to coordinate agency activities regarding policies
(including grants and grant policies) involving the international
trafficking in persons, shall coordinate all such policies related
to the activities of traffickers and victims of severe forms of traf-
ficking.
(b) None of the funds provided in this or any other Act shall
be expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 406 of division
B of Public Law 108–7.
SEC. 405. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
SEC. 406. Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ‘‘Diplomatic and
Consular Programs’’: $5,000,000 shall be made available for an
endowment for the Center for Asian Democracy; $100,000 shall
be made available for a grant to the Center for the Study of
the Presidency for a public diplomacy initiative; $300,000 shall
be made available for a grant to Operation Smile for a public
diplomacy program; and $350,000 shall be made available for a
grant to MiraMed for programs to combat human trafficking.
SEC. 407. Funds appropriated under this title for the Broad-
casting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the For-
eign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
SEC. 408. (a) Funds provided in this title for the following
accounts shall be made available for programs in the amounts
contained in the respective tables included in the report accom-
panying this Act:
‘‘Educational and Cultural Exchange Programs’’.
‘‘National Endowment for Democracy’’.
‘‘International Broadcasting Operations’’.
‘‘Broadcasting Capital Improvements’’.
Records.
Israel.
Palestinian
Broadcasting
Corporation.
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(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the accompanying report shall be subject
to the regular notification procedures in section 605 of this Act.
(c) The Secretary of State shall notify the Committees on Appro-
priations 15 days in advance of recommending the issuance of
any license subject to Executive Order No. 13067.
SEC. 409. Notwithstanding any other provision of law, of the
funds appropriated or otherwise made available in this title, not
more than $1,035,500,000 shall be available for payment to the
United Nations for assessed and other expenses of international
peacekeeping activities.
SEC. 410. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking
‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’.
SEC. 411. None of the funds appropriated under this title may
be made available to pay any contribution of the United States
to the United Nations if the United Nations implements or imposes
any taxation on any United States persons.
SEC. 412. It is the sense of the Congress that the amount
of any loan for the renovation of the United Nations headquarters
building located in New York, New York, should not exceed
$600,000,000: Provided, That if any loan exceeds $600,000,000,
the Secretary of State shall notify the Congress of the current
cost of the renovation and cost containment measures.
SEC. 413. None of the funds made available by this title may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds that: (1) the United Nations undertaking is a peace-
keeping mission; (2) such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) the President’s military advisors have not sub-
mitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommenda-
tion.
SEC. 414. (a) None of the funds appropriated or otherwise
made available under this title shall be expended for any purpose
for which appropriations are prohibited by section 609 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2006.
SEC. 415. (a) None of the funds appropriated or otherwise
made available under this title shall be expended for any purpose
for which appropriations are prohibited by section 616 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2006.
SEC. 416. (a) Except as provided in subsection (b), a project
to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of
a Federal agency or department if the Secretary of State determines
that such department or agency has not provided to the Department
of State the full amount of funding required by subsection (e)
of 
section 
604 
of 
the 
Secure 
Embassy 
Construction 
and
Counterterrorism Act of 1999 (as enacted into law by section
Applicability.
Applicability.
United Nations.
Notification.
United Nations.
Notification.
Deadline.
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PUBLIC LAW 109–108—NOV. 22, 2005
1000(a)(7) of Public Law 106–113 and contained in appendix G
of that Act; 113 Stat. 1501A–453), as amended by section 629
of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project
to construct a diplomatic facility of the United States may include
office space or other accommodations for members of the Marine
Corps.
SEC. 417. Ceilings and earmarks contained in this title shall
not be applicable to funds or authorities appropriated or otherwise
made available by any subsequent Act unless such Act specifically
so directs. Earmarks or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this title.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2006’’.
TITLE V—RELATED AGENCIES
ANTITRUST MODERNIZATION COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Antitrust Modernization Commis-
sion, as authorized by Public Law 107–273, $1,172,000, to remain
available until expended.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer-
ica’s Heritage Abroad, $499,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,048,000: Provided,
That none of the funds appropriated in this paragraph shall be
used to employ in excess of four full-time individuals under Schedule
C of the Excepted Service exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds appro-
priated in this paragraph shall be used to reimburse Commissioners
for more than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days.
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,300,000, to remain available until September 30, 2007.
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COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$2,030,000, to remain available until September 30, 2007.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized, $1,900,000,
including not more than $3,000 for the purpose of official represen-
tation, to remain available until September 30, 2007.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabil-
ities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards
to private citizens; and not to exceed $33,000,000 for payments
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, sections
6 and 14 of the Age Discrimination in Employment Act, the Ameri-
cans with Disabilities Act of 1990, and the Civil Rights Act of
1991, $331,228,000: Provided, That the Commission is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from available funds: Provided further, That
the Commission may take no action to implement any workforce
repositioning, restructuring, or reorganization until such time as
the Committees on Appropriations have been notified of such pro-
posals, in accordance with the reprogramming provisions of section
605 of this Act.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $289,771,000: Provided, That
$288,771,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2006 so
as to result in a final fiscal year 2006 appropriation estimated
Notification.
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at $1,000,000: Provided further, That any offsetting collections
received in excess of $288,771,000 in fiscal year 2006 shall remain
available until expended, but shall not be available for obligation
until October 1, 2006: Provided further, That notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2006.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $211,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $116,000,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That, notwith-
standing any other provision of law, $23,000,000 in offsetting collec-
tions derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telephone Con-
sumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
shall be credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further, That
the sum herein appropriated from the general fund shall be reduced
as such offsetting collections are received during fiscal year 2006,
so as to result in a final fiscal year 2006 appropriation from the
general fund estimated at not more than $72,000,000: Provided
further, That none of the funds made available to the Federal
Trade Commission may be used to enforce subsection (e) of section
43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or section
151(b)(2) of the Federal Deposit Insurance Corporation Improve-
ment Act of 1991 (12 U.S.C. 1831t note).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$330,803,000, of which $312,375,000 is for basic field programs
and required independent audits; $2,539,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $12,825,000
is for management and administration; $1,255,000 is for client
self-help and information technology; and $1,809,000 is for grants
to offset losses due to census adjustments.
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PUBLIC LAW 109–108—NOV. 22, 2005
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2005 and 2006,
respectively, and except that section 501(a)(1) of Public Law 104–
134 (110 Stat. 1321–51 et seq.) shall not apply to the use of
the $1,809,000 to address loss of funding due to Census-based
reallocations.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, $2,920,000, of
which $920,000 shall remain available until September 30, 2007.
NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of the
Small Business Act, $1,500,000, to remain available until expended.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $888,117,000, to remain
available until expended; of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations, appro-
priate representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the development
of foreign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of Commis-
sion staff and foreign invitees in attendance at such consultations
and meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and transportation
to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not to exceed
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$863,117,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further,
That $25,000,000 shall be derived from prior year unobligated bal-
ances from funds previously appropriated to the Securities and
Exchange Commission: Provided further, That the total amount
appropriated under this heading from the general fund for fiscal
year 2006 shall be reduced as such offsetting fees are received
so as to result in a final total fiscal year 2006 appropriation from
the general fund estimated at not more than $0.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108–447,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $313,029,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations: Provided further,
That $89,000,000 shall be available to fund grants for performance
in fiscal year 2006 or fiscal year 2007 as authorized: Provided
further, That the Small Business Administration is authorized to
award grants under the Women’s Business Center Sustainability
Pilot Program established by section 4(a) of Public Law 106–165
(15 U.S.C. 656(l)): Provided further, That, of the amounts provided
for Women’s Business Centers, not less than 41 percent shall be
available to continue Women’s Business Centers in sustainability
status.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,900,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment Act,
as amended, $2,861,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, $1,300,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2006 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, shall not exceed
the levels established under 20(e)(1)(B)(ii) of the Small Business
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PUBLIC LAW 109–108—NOV. 22, 2005
Act: Provided further, That during fiscal year 2006 commitments
for general business loans authorized under section 7(a) of the
Small Business Act, shall not exceed the levels established under
20(e)(1)(B)(i) of the Small Business Act: Provided further, That
during fiscal year 2006 commitments to guarantee loans for deben-
tures under section 303(b) of the Small Business Investment Act
of 1958, shall not exceed $3,000,000,000: Provided further, That
during fiscal year 2006 guarantees of trust certificates authorized
by section 5(g) of the Small Business Act shall not exceed a principal
amount of $12,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $125,307,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds previously made available
under Public Law 105–135, section 507(g), for the Delta Loan pro-
gram, up to $500,000 may be transferred to and merged with
the appropriation for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
From unobligated balances under this heading, in fiscal year
2006, not to exceed $9,000,000 may be transferred to and merged
with appropriations for Salaries and Expenses for indirect adminis-
trative expenses, of which $1,500,000 is for the Office of Inspector
General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program and shall
be transferred to and merged with appropriations for the Office
of Inspector General.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business Administration
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572), $3,500,000: Provided, That not to exceed $2,500
shall be available for official reception and representation expenses.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $3,000,000, including not more
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than $5,000 for the purpose of official representation, to remain
available until September 30, 2007.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$22,350,000, to remain available until September 30, 2007.
UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law
108–99; 118 Stat. 448), $150,000, to remain available until Sep-
tember 30, 2007.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2006, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices; (6) reorga-
nizes, programs or activities; or (7) contracts out or privatizes
any functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such reprogramming
of funds.
Notification.
Deadline.
Contracts.
Public
information.
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(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2006, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $750,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would result
in a change in existing programs, activities, or projects as approved
by Congress; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such reprogramming
of funds.
SEC. 606. Hereafter, none of the funds made available in this
Act may be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 607. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made avail-
able in this Act, pursuant to the debarment, suspension, and ineligi-
bility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 608. The Departments of Commerce, Justice, and State,
the Broadcasting Board of Governors, the National Science Founda-
tion, the National Aeronautics and Space Administration, the Fed-
eral Communications Commission, the Securities and Exchange
Commission and the Small Business Administration shall provide
to the Committees on Appropriations of the Senate and of the
House of Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such agency
during any previous fiscal year.
SEC. 609. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
Records.
Religious
harassment.
Notification.
Deadline.
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SEC. 610. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 611. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for—
(1) the implementation of any tax or fee in connection
with the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be prohib-
ited from possessing or receiving a firearm no more than 24
hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective trans-
feree would not violate subsection (g) or (n) of section 922
of title 18, United States Code, or State law.
SEC. 612. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.
10601 in any fiscal year in excess of $625,000,000 shall not be
available for obligation until the following fiscal year.
SEC. 613. For additional amounts under the heading ‘‘Small
Business Administration, Salaries and Expenses’’, $1,000,000 shall
be available for the Adelante Development Center, Inc., NM;
$850,000 shall be available for the Alabama Department of Archives
and History, Montgomery, AL; $500,000 shall be available for the
Alabama Humanities Foundation for a Statewide Initiative;
$1,500,000 shall be available for Alabama State Docks Economic
Development; $200,000 shall be available for the Alaska Small
Business Development Center; $1,000,000 shall be available for
the Alcorn State University Judicial Threat Analysis Center;
$775,000 shall be available for Ben Franklin Technology Partners
Translational Action Research Boards, Philadelphia, PA; $1,000,000
shall be available for the Bring Back Broad Street Initiative, Mobile,
AL; $450,000 shall be available for the City of Guin, AL, Industrial
Development Initiative; $250,000 shall be available for the City
of Monroeville, AL, Community Enrichment Project; $300,000 shall
be available for the City of Oneonta, AL, for industrial development;
$500,000 shall be available for the City of Richland Revitalization
Project; $100,000 shall be available for community development
in Randolph County, AL; $275,000 shall be available for the
Community Development Project, Huntsville, AL; $500,000 shall
be available for economic development in Lamar County, AL;
$100,000 shall be available for the Great Lakes Business Growth
and Development Center at Lorain County Community College;
$200,000 shall be available for the Greenville Waterfront Industrial
Enhancement Project; $50,000 shall be available for the Houston
Community College Multi-Cultural Business Center; $75,000 shall
be available for the Idaho Virtual Incubator at Lewis-Clark State
College; $500,000 shall be available for Industrial Infrastructure
in Hartselle, AL; $5,000,000 shall be available for the Industrial
Outreach Service at Mississippi State University; $450,000 shall
be available for infrastructure development in Chambers County,
42 USC 10601
note.
Firearms.
Tobacco and
tobacco products.
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AL; $200,000 shall be available for the Investnet/Technology Ven-
ture Center partnership for Alaska and Montana; $200,000 shall
be available for the Knoxville College Small Business Incubator
Program; $350,000 shall be available for the LeFleur Lakes Flood
Control/Pearl River Watershed project; $750,000 shall be available
for the Manufacturing Technology Initiative at Mississippi State
University; $500,000 shall be available for the Mississippi Chil-
dren’s Museum; $1,000,000 shall be available for the Mississippi
Film Enterprise Zone; $1,250,000 shall be available for the Mis-
sissippi Technology Alliance Economic Development Plan; $500,000
shall be available for the Mitchell Memorial Library for the
digitization of special collections; $500,000 shall be available for
the Montgomery, AL, Downtown Revitalization Project; $650,000
shall be available for the New Product Development and Commer-
cialization Center for Rural Manufacturers; $2,100,000 shall be
available for the Oak Ridge National Laboratory for the South-
eastern fiber optic project (Lambda Rail); $500,000 shall be available
for the Old Fort McClellan Economic Development Initiative,
Anniston, AL; $75,000 shall be available for the Pro-Tech Program
at the College of Southern Idaho; $500,000 shall be available for
the 
Shelby 
County, 
AL, 
Environmental 
Education 
Center;
$2,000,000 shall be available for Small Business Development Cen-
ters in Mississippi; $100,000 shall be available for the South Caro-
lina International Center for Automotive Research Park Innovation
Center; $250,000 shall be available for the Technology Venture
Center, MT; $25,000 shall be available for the Town of Millry,
AL, for community development; $1,000,000 shall be available for
the Toxin Alert Development Project at the University of Southern
Mississippi; $500,000 shall be available for the Troy University
Center for International Business and Economic Development;
$900,000 shall be available for the Tuck School of Business/MBDA
Partnership; $150,000 shall be available for the University of Ala-
bama Community Development project; $350,000 shall be available
for the University of West Alabama Regional Center for Community
and Economic Development; $1,000,000 shall be available for the
Women’s Entrepreneurship Initiative at the Mississippi University
for Women; $500,000 shall be available for the Montana Department
of Administration for spatial data to enable economic development;
$500,000 shall be available for the City of Fort Wayne, Indiana
for the Institute for Orthopedic Biomaterials Research; $1,000,000
shall be available for the New Mexico State University Arrowhead
Center; $1,000,000 shall be available for the New Mexico Commu-
nity Development Loan Fund/WESSTCorp. Cooperative; $1,500,000
shall be available for the Inland Northwest Regional GigaPop Net-
work Connectivity project; $300,000 shall be available for the
Brooklyn, NY Chamber of Commerce for the Brooklyn Goes Global
program; $500,000 shall be available for the Institute for Technology
and Business Development at Central Connecticut State University;
$500,000 shall be available for the Iowa Department of Economic
Development for the Entrepreneurial Venture Assistance Project;
$400,000 shall be available for the New Ventures Center in Dav-
enport in Iowa; $400,000 shall be available for the Pappajohn
Higher Education Center in Des Moines, Iowa; $250,000 shall be
available for the University of Vermont Small Enterprise Research
Initiative; $200,000 shall be available for the Genesis of Innovation
in Rapid City, South Dakota; $500,000 shall be available for the
Wisconsin Security Research Consortium, a collaboration between
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PUBLIC LAW 109–108—NOV. 22, 2005
the University of Wisconsin System and the Wisconsin Technology
Council; $500,000 shall be available for the Rowan University Tech-
nology Center and Business Incubator; $1,500,000 shall be available
for the Vermont Center for Emerging Technologies; $500,000 shall
be available for the Vermont Employee Ownership Center; $820,000
shall be available for the Central Michigan University Center for
Applied Research and Technology; $500,000 shall be available for
the Nanotechnology Economic Development Program at the Univer-
sity of Arkansas at Little Rock; $1,100,000 shall be available for
the University of Arkansas’ Research and Technology Park;
$600,000 shall be available for the Maryland Technology Develop-
ment Corporation for the Minority R&D Initiative; $1,000,000 shall
be available for the University of West Florida’s Statewide Small
Business Development Center Network; $200,000 shall be available
for the Nevada’s Commission on Economic Development; $1,000,000
shall be available for the Clark County Department of Aviation,
Las Vegas, Nevada to study and operate the international air
trade show; $250,000 shall be available for the Corona-Elmhurst
Center for Economic Development, New York; $180,000 shall be
available for the Sephardic Angel Fund, New York City; $500,000
shall be available for the Detroit Economic Growth Business Attrac-
tion Program; $250,000 shall be available for the Oregon Depart-
ment of Consumer and Business Services’ One-Stop Permitting
Portal; $250,000 shall be available for the Fossil Bed Park and
Ancient Lands Field House; $100,000 shall be for a grant to Cedar
Creek Battlefield Foundation; $100,000 shall be for a grant to
Belle Grove Plantation; $250,000 shall be for a grant to Shenandoah
University for a facility; $100,000 shall be for a grant to Winchester-
Frederick Convention and Visitor Bureau; $2,000,000 shall be for
a grant to Virginia Community College System for a web portal;
$200,000 shall be for a grant to Americans at War; $500,000 shall
be for a grant to Warren County, Virginia, for a community enhance-
ment project; $2,000,000 shall be available for the United States-
China Economic and Security Review Commission for projects to
study Chinese policies and practices and their impacts on American
interests, the American economy, and small businesses; $200,000
shall be for a grant to the Myrtle Beach International Trade and
Convention Center; $575,000 shall be for a grant to the Innovation
and Outreach Center at the University of Mississippi; $500,000
shall be for a grant to Competitive Manufacturing through Innova-
tion Management at the University of Wisconsin Oshkosh; $200,000
shall be for a grant to Business and Industrial Incubator in Cushing,
Oklahoma; $500,000 shall be for a grant to Patrick Henry Commu-
nity College for a workforce development program; $500,000 shall
be for a grant to Danville Community College for a workforce
development program; $500,000 shall be for a grant to Advanced
and Applied Polymer Processing Institute; $1,000,000 shall be for
a grant to the Industrial Development Authority of Halifax, VA;
$1,000,000 shall be for a grant to the University of Illinois for
the Information Trust Initiative; $1,000,000 shall be for a grant
to Aurora, IL, for construction and other activities related to commu-
nity development; $200,000 shall be for a grant to Carnegie Mellon
University for a Community-Based Demonstration Project; $500,000
shall be for a grant to REI Rural Business and Resource Center
in Seminole, Oklahoma; $1,000,000 shall be for a grant to Appa-
lachian State University; $1,000,000 shall be for a grant to Western
Carolina University for a computer engineering program; $1,000,000
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shall be for a grant to International Small Business and Trade
Institute; $500,000 shall be for a grant to the Illinois Institute
for Technology to examine and assess advancements in biotech-
nologies; $3,000,000 shall be for a grant to the Southern and
Eastern Kentucky Tourism Development Association; $2,500,000
shall be for a grant to the Southern and Eastern Kentucky Economic
Development Corporation; $1,000,000 shall be for a grant to the
National Center for Community Renewal; $250,000 shall be for
a grant to Advanced Business Technology Incubator at College
of the Canyons; $250,000 shall be for a grant to the Applied
Competitive Technologies Program of the California Community
Colleges; $250,000 shall be for a grant to Adirondack Champlain
Fiber Network; $100,000 shall be for a grant to Amoskeag Business
Incubator; $500,000 shall be for a grant to the Montana World
Trade Center; $1,000,000 shall be for a grant to the Fairplex Trade
and Conference Center; $220,000 shall be for a grant to Virtual
Business Incubator in Southeast Pennsylvania; $250,000 shall be
for a grant to the Rochester Tooling and Machining Association;
$600,000 shall be for a grant to Wittenberg University to expand
business education; $500,000 shall be for a grant to Experience
Works to expand opportunities for older workers; $1,000,000 shall
be for a grant to Innovation Center in Peoria, Illinois; $1,250,000
shall be for a grant to North Iowa Area Community College business
incubator; $1,000,000 shall be for a grant to University of Redlands
for development of a center to assist small business; $500,000
shall be for a grant to McHenry County Economic Development
Corporation; $300,000 shall be for a grant to Rockford Area Ven-
tures in Rockford, Illinois; $1,100,000 shall be for a grant to Ohio
Ready to Work program; $530,000 shall be for a grant to Michigan
State University for the Institute for Trade in the Americas;
$500,000 shall be for a grant to Bridgeport Regional Business
Council for an economic integration initiative; $100,000 shall be
for a grant to Cedarbridge Development Corporation for a redevelop-
ment initiative; $100,000 shall be for a grant to the Heart of
Florida Regional Coalition; $150,000 shall be for a grant to Syra-
cuse, NY, for a small business community support program;
$500,000 shall be for a grant to the Connect the Valley initiative;
$500,000 shall be for a grant to the Chattanooga Enterprise Center
for a demonstration project; $150,000 shall be available for a grant
to St. Jerome Church for their community center project and pro-
grams in the Bronx, New York; $50,000 shall be available for
a grant to establish the Tito Puente Legacy Project at Hostos
Community College in New York; $150,000 shall be available for
a grant to the Bronx Council on the Arts for its Arts Cultural
Corridor Project to promote local arts initiatives; $50,000 shall
be available for a grant to the South Bronx Action Group to provide
housing related services to the community; $100,000 shall be avail-
able for a grant to Pro Co Technology, Inc. for their programs
in the Bronx, New York; $150,000 shall be available for a grant
to Bronx Shepherds for community programs; $200,000 shall be
available for a grant to HOGAR, Inc. in the Bronx, New York;
$50,000 shall be available for a grant to the Promesa Foundation
to provide financial assistance to New York area families under
a youth sports and recreational initiative; $100,000 shall be avail-
able for a grant to Promesa Enterprises in New York for infrastruc-
ture program support; $100,000 shall be available for a grant to
Presbyterian Senior Services for capital costs for their Grandparent
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Family Apartments project in the Bronx, New York; $50,000 shall
be available for a grant to World Vision’s Bronx Storehouse for
services in the community; $50,000 shall be available for a grant
to the Bronx River Alliance for its services in the Bronx, New
York; $600,000 shall be available to the Downtown Huntsville Small
Business Enhancement Initiative; $150,000 shall be available for
the Rhode Island College for the Project FLIP (Financial and Func-
tional Literacy Incentive Program); $750,000 shall be available
for the Rhode Island School of Design in Providence, Rhode Island;
$100,000 shall be available for the Newport County Chamber of
Commerce for the Aquidneck Island Corporate Park Capital Pro-
gram; $700,000 shall be available for the American Cities Founda-
tion (ACF) Economic Development Initiative; $300,000 shall be
available for CAP Services in Stevens Point, WI; $500,000 shall
be available for the Northwest Regional Planning Commission;
$400,000 shall be available for the Wisconsin Procurement Institute;
$250,000 shall be for the JARI Workforce Development Program;
$250,000 shall be for the JARI Small Business Technology Center;
$400,000 shall be for the Economic Growth Connection Procurement
Assistance Program; $300,000 shall be for the Franklin County,
Massachusetts Community Development Corporation for a rural
economic growth program; $1,870,000 shall be available for a grant
to the MountainMade Foundation to fulfill its charter purposes
and to continue the initiative developed by the NTTC for outreach
and promotion, business and sites development, the education of
artists and craftspeople, and to promote small businesses, artisans
and their products through market development, advertisement,
commercial sale and other promotional means; $1,000,000 shall
be available for the INNOVA small business incubator; $30,000
shall be available for the Town of Hambleton for upgrades and
renovations to the town hall; $100,000 shall be available for the
Parsons 
Revitalization 
Organization 
for 
planning 
purposes;
$100,000 shall be available for Rowlesburg Revitalization Com-
mittee for neighborhood revitalization; $500,000 shall be available
for the Institute for Entrepreneurship, Small Business Development
and Global Logistics at California State University at Dominguez
Hills, California; $300,000 shall be available for Brooklyn Economic
Development Corporation in Brooklyn, New York to support and
expand the Initiative for a Competitive Brooklyn; and $200,000
shall be available for the Local Development Corporation of East
New York for the Brooklyn Enterprise Center.
SEC. 614. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 615. All disaster loans issued in Alaska or North Dakota
shall be administered by the Small Business Administration and
shall not be sold during fiscal year 2006.
SEC. 616. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 617. The Departments of Commerce, Justice, and State,
the Securities and Exchange Commission and the Small Business
Administration shall, not later than two months after the date
Deadline.
Certification.
Telecommuting.
5 USC 6120 note.
Loans.
Alaska.
North Dakota.
Discrimination.
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PUBLIC LAW 109–108—NOV. 22, 2005
of the enactment of this Act, certify that telecommuting opportuni-
ties have increased over levels certified to the Committees on Appro-
priations for fiscal year 2005: Provided, That, of the total amounts
appropriated to the Departments of Commerce, Justice, and State,
the Securities and Exchange Commission and the Small Business
Administration, $5,000,000 shall be available to each only upon
such certification: Provided further, That each Department or
agency shall provide quarterly reports to the Committees on Appro-
priations on the status of telecommuting programs, including the
number and percentage of Federal employees eligible for, and
participating in, such programs: Provided further, That each Depart-
ment or agency shall maintain a ‘‘Telework Coordinator’’ to be
responsible for overseeing the implementation and operations of
telecommuting programs, and serve as a point of contact on such
programs for the Committees on Appropriations.
SEC. 618. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the Sec-
retary of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States
with respect to the international negotiations and agreements
referred to in this section.
SEC. 619. The National Aeronautics and Space Administration
and the National Science Foundation shall, not later than two
months after the date of the enactment of this Act, certify that
telecommuting opportunities are made available to 100 percent
of the eligible workforce: Provided, That, of the total amounts
appropriated to the National Aeronautics and Space Administration
and the National Science Foundation, $5,000,000 shall be available
to each agency only upon such certification: Provided further, That
both agencies shall provide quarterly reports to the Committees
on Appropriations on the status of telecommuting programs,
including the number of Federal employees eligible for, and partici-
pating in, such programs: Provided further, That both agencies
shall designate a ‘‘Telework Coordinator’’ to be responsible for over-
seeing the implementation and operations of telecommuting pro-
grams, and serve as a point of contact on such programs for the
Committees on Appropriations.
SEC. 620. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures set
forth in section 605 of this Act.
SEC. 621. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to the
following that would make clear that trace data cannot be used
to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
Firearms.
Designation.
Reports.
Deadline.
Certification.
Telecommuting.
Designation.
Reports.
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(2) Firearms selected for tracing are not chosen for purposes
of determining which types, makes or models of firearms are
used for illicit purposes. The firearms selected do not constitute
a random sample and should not be considered representative
of the larger universe of all firearms used by criminals, or
any subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for firearms
traced do not necessarily represent the sources or methods
by which firearms in general are acquired for use in crime.
SEC. 622. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommenda-
tions of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal
service support payments.
SEC. 623. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
SEC. 624. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 625. Of the amounts made available in this Act,
$393,616,321 from ‘‘Department of State’’; $27,938,072 from
‘‘Department of Justice’’; $14,107,754 from ‘‘Department of Com-
merce’’; $426,314 from ‘‘United States Trade Representative’’;
$575,116 from ‘‘Broadcasting Board of Governors’’; $291,855 from
‘‘National Aeronautics and Space Administration’’; and $79,754 from
‘‘National Science Foundation’’ shall be available for the purposes
of implementing the Capital Security Cost Sharing program.
SEC. 626. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments as
provided for in subchapter II of chapter 35 of title 5, United States
Code, unless the Administrator of NASA has first certified to Con-
gress that such payments would not result in the loss of skills
related to the safety of the Space Shuttle or the International
Space Station or to the conduct of independent safety oversight
in the National Aeronautics and Space Administration.
SEC. 627. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of the National Aeronautics and Space Administra-
tion may sell the National Aeronautics and Space Administration-
owned property on the Camp Parks Military Reservation, Alameda
County, California.
SEC. 628. (a) IN GENERAL.—The President of the United States
through his designee the Administrator of the National Aeronautics
and Space Administration and in consultation with other Federal
agencies shall develop a national aeronautics policy to guide the
aeronautics programs of the Administration through 2020.
(b) CONTENT.—At a minimum, the national aeronautics policy
shall describe—
(1) the priority areas of research for aeronautics through
fiscal year 2011;
(2) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(3) the facilities and personnel needed to carry out the
program through fiscal year 2011; and
President.
Guidelines.
42 USC 2451
note.
Certification.
Torture.
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(4) the budget assumptions on which the national aero-
nautics policy is based.
(c) CONSIDERATIONS.—In developing the national aeronautics
policy, the President shall consider the following questions, which
shall be discussed in the policy statement—
(1) the extent to which NASA should focus on long-term,
high-risk research or more incremental research or both and
the expected impact on the U.S. aircraft and airline industries
of those decisions;
(2) the extent to which NASA should address military
and commercial needs;
(3) how NASA will coordinate its aeronautics program with
other Federal agencies; and
(4) the extent to which NASA will fund university research
and the expected impact of that funding on the supply of
U.S. workers for the aeronautics industry.
(d) CONSULTATION.—In developing the national aeronautics
policy, the Administrator shall consult widely with academic and
industry experts and with other Federal agencies. The Adminis-
trator may enter into an arrangement with the National Academy
of Sciences to help develop the national aeronautics policy.
(e) SCHEDULE.—The Administrator shall submit the new
national aeronautics policy to the House and Senate Committees
on Appropriations and to the House Committee on Science and
the Senate Committee on Commerce, Science, and Transportation
within one year of enactment of this Act. The Administrator shall
make available to the Congress any study done by a non-govern-
mental entity that was used in the development of the national
aeronautics policy.
SEC. 629. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, acces-
sories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Traf-
ficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumer-
ated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
President.
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(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the arti-
cles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in inter-
national terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 630. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR Sec. 478.112
or .113, for a permit to import United States origin ‘‘curios or
relics’’ firearms, parts, or ammunition.
SEC. 631. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agree-
ment the text of—
(1) paragraph 2 of article 16.7 of the United States-Singa-
pore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Aus-
tralia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
SEC. 632. Of the funds appropriated to the Federal Trade
Commission by this Act, not less than $1,000,000 shall be used
by the Commission to conduct an immediate investigation into
nationwide gasoline prices in the aftermath of Hurricane Katrina:
Provided, That the investigation shall include: (1) any evidence
of price-gouging by companies with total United States wholesale
sales of gasoline and petroleum distillates for calendar 2004 in
excess of $500,000,000 and by any retail distributor of gasoline
and petroleum distillates against which multiple formal complaints
(that identify the location of a particular retail distributor and
provide contact information for the complainant) of price-gouging
were filed in August or September, 2005, with a Federal or State
consumer protection agency; (2) a comparison of, and an explanation
of the reasons for changes in, profit levels of such companies during
the 12-month period ending on August 31, 2005, and their profit
levels for the month of September, 2005, including information
for particular companies on a basis that does not permit the identi-
fication of any company to which the information relates; (3) a
summary of tax expenditures (as defined in section 3(3) of the
Congressional Budget and Impoundment Control Act of 1974 (2
Gasoline and
petroleum.
President.
President.
Federal Register,
publication.
Canada.
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U.S.C. 622(3)) for such companies; (4) the effects of increased gaso-
line prices and gasoline price-gouging on economic activity in the
United States; and (5) the overall cost of increased gasoline prices
and gasoline price-gouging to the economy, including the impact
on consumers’ purchasing power in both declared State and
National disaster areas and elsewhere: Provided further, That, in
conducting its investigation, the Commission shall treat as evidence
of price-gouging any finding that the average price of gasoline
available for sale to the public in September, 2005, or thereafter
in a market area located in an area designated as a State or
National disaster area because of Hurricane Katrina, or in any
other area where price-gouging complaints have been filed because
of Hurricane Katrina with a Federal or State consumer protection
agency, exceeded the average price of such gasoline in that area
for the month of August, 2005, unless the Commission finds
substantial evidence that the increase is substantially attributable
to additional costs in connection with the production, transportation,
delivery, and sale of gasoline in that area or to national or inter-
national market trends: Provided further, That in any areas of
markets in which the Commission determines price increases are
due to factors other than the additional costs, it shall also notify
the appropriate State agency of its findings: Provided further, That
the Commission shall provide information on the progress of the
investigation to the Senate and House Appropriations Committees,
the Senate Committee on Commerce, Science, and Transportation,
and the House of Representatives Committee on Energy and Com-
merce every 30 days after the date of enactment of this Act, shall
provide those Committees a written interim report 90 days after
such date, and shall transmit a final report to those Committees,
together with its findings and recommendations, no later than
180 days after the date of enactment of this Act: Provided further,
That the Commission shall transmit recommendations, based on
its findings, to the Congress for any legislation necessary to protect
consumers from gasoline price-gouging in both State and National
disaster areas and elsewhere: Provided further, That chapter 35
of title 44, United States Code, does not apply to the collection
of information for the investigation required by this section: Pro-
vided further, That if, during the investigation, the Commission
obtains evidence that a person may have violated a criminal law,
the Commission may transmit that evidence to appropriate Federal
or State authorities: Provided further, That nothing in this section
affects any other authority of the Commission to disclose informa-
tion.
SEC. 633. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2005,’’ each place it appears and inserting ‘‘December 31, 2006,’’.
SEC. 634. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State determines that such attendance is in the
national interest: Provided, That for purposes of this section the
term ‘‘international conference’’ shall mean a conference attended
by representatives of the United States Government and representa-
tives of foreign governments, international organizations, or non-
governmental organizations.
118 Stat. 3998.
Reports.
Deadlines.
Notification.
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SEC. 635. (a) MODIFICATION
OF RESPONSIBILITIES.—Notwith-
standing any provision of section 1238 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002), or any other provision of law, the United States–China
Economic and Security Review Commission established by sub-
section (b) of that section shall investigate and report exclusively
on each of the following areas:
(1) PROLIFERATION
PRACTICES.—The role of the People’s
Republic of China in the proliferation of weapons of mass
destruction and other weapons (including dual use tech-
nologies), including actions the United States might take to
encourage the People’s Republic of China to cease such prac-
tices.
(2) ECONOMIC
TRANSFERS.—The qualitative and quan-
titative nature of the transfer of United States production
activities to the People’s Republic of China, including the reloca-
tion of high technology, manufacturing, and research and
development facilities, the impact of such transfers on United
States national security, the adequacy of United States export
control laws, and the effect of such transfers on United States
economic security and employment.
(3) ENERGY.—The effect of the large and growing economy
of the People’s Republic of China on world energy supplies
and the role the United States can play (including through
joint research and development efforts and technological assist-
ance) in influencing the energy policy of the People’s Republic
of China.
(4) ACCESS
TO
UNITED
STATES
CAPITAL
MARKETS.—The
extent of access to and use of United States capital markets
by the People’s Republic of China, including whether or not
existing disclosure and transparency rules are adequate to iden-
tify People’s Republic of China companies engaged in harmful
activities.
(5) REGIONAL ECONOMIC AND SECURITY IMPACTS.—The tri-
angular economic and security relationship among the United
States, Taipei, and the People’s Republic of China (including
the military modernization and force deployments of the Peo-
ple’s Republic of China aimed at Taipei), the national budget
of the People’s Republic of China, and the fiscal strength of
the People’s Republic of China in relation to internal instability
in the People’s Republic of China and the likelihood of the
externalization of problems arising from such internal insta-
bility.
(6) UNITED STATES-CHINA BILATERAL PROGRAMS.—Science
and technology programs, the degree of non-compliance by the
People’s Republic of China with agreements between the United
States and the People’s Republic of China on prison labor
imports and intellectual property rights, and United States
enforcement policies with respect to such agreements.
(7) WORLD TRADE ORGANIZATION COMPLIANCE.—The compli-
ance of the People’s Republic of China with its accession agree-
ment to the World Trade Organization (WTO).
(8) FREEDOM OF EXPRESSION.—The implications of restric-
tions on speech and access to information in the People’s
Republic of China for its relations with the United States
in the areas of economic and security policy.
Reports.
22 USC 7002
note.
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119 STAT. 2347
PUBLIC LAW 109–108—NOV. 22, 2005
(b) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
Subsection (g) of section 1238 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 is amended to
read as follows:
‘‘(g) APPLICABILITY OF FACA.—The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the activities
of the Commission.’’.
SEC. 636. Section 635 of division B of Public Law 108–447
is amended by striking ‘‘balance’’ and inserting ‘‘and unexpended
balances’’.
SEC. 637. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts
of international terrorism.
(RESCISSION)
SEC. 638. (a) There is hereby rescinded an amount equal to
0.28 percent of the budget authority provided for in fiscal year
2006 for any discretionary account in this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$2,500,000 are rescinded.
LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$102,000,000 are rescinded.
118 Stat. 2922.
22 USC 7002.
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119 STAT. 2348
PUBLIC LAW 109–108—NOV. 22, 2005
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$25,000,000 are rescinded.
OFFICE OF JUSTICE PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading,
$110,500,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$86,500,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
(RESCISSION)
Of the unobligated balances available in accounts under this
heading from prior year appropriations, $25,000,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$25,300,000 are rescinded.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$12,000,000 are rescinded.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$920,000 are rescinded.
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119 STAT. 2349
PUBLIC LAW 109–108—NOV. 22, 2005
LEGISLATIVE HISTORY—H.R. 2862:
HOUSE REPORTS: Nos. 109–118 (Comm. on Appropriations) and 109–272
(Comm. of Conference).
SENATE REPORTS: No. 109–88 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 14–16, considered and passed House.
Sept. 8, 9, 12–15, considered and passed Senate, amended.
Nov. 9, House agreed to conference report.
Nov. 16, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 22, Presidential statement.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading,
$4,000,000 are rescinded.
This Act may be cited as the ‘‘Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006’’.
Approved November 22, 2005.
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