[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2862 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 15, 2005.
      Resolved, That the bill from the House of Representatives (H.R. 
2862) entitled ``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.'', 
do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $116,936,000, 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 augmentation that occurred in these 
offices in fiscal year 2005: Provided further, That not to exceed 24 
permanent positions, 19 full-time equivalent workyears and $2,980,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 17 permanent positions, 22 full-time 
equivalent workyears and $2,470,000 shall be expended for the Office of 
Public Affairs: Provided further, That the Offices of Legislative 
Affairs and Public Affairs may utilize, on a non-reimbursable basis 
details of career employees within the ceilings provided for the Office 
of Legislative Affairs and the Office of Public Affairs: Provided 
further, That not less than $500,000 shall be used to contract with an 
independent party to carry out a privacy assessment.

                 justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and Departmental direction, 
$135,000,000, to remain available until expended: Provided, That, of 
the funds available $10,000,000 is for the unified financial management 
system to be administered by the United 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 111 of this 
title.

                       narrowband communications

    For necessary expenses for the costs of conversion to narrowband 
communications, including the cost for operations and maintenance of 
Land Mobile Radio legacy systems, $90,000,000, to remain available 
until September 30, 2007: Provided, That the Attorney General shall 
transfer to the ``Narrowband Communications'' account all funds made 
available to the Department of Justice for the purchase of portable and 
mobile radios: Provided further, That any transfer made into or out of 
this account shall be subject to section 505 of this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $216,286,000.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,222,000,000, 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 available in 
prior years from the funds appropriated under the heading ``Federal 
Prisoner Detention'' shall be transferred to and merged with the 
appropriation under the heading ``Detention Trustee'' and shall be 
available until expended.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$70,431,000, 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 by law, $11,000,000.

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $648,245,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $1,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 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), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2006, so as to result in a final fiscal year 2006 appropriation 
from the general fund estimated at not more than $28,451,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,572,654,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2007, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$20,000,000 shall remain available until expended: Provided further, 
That not to exceed $2,500,000 for the operation of the National 
Advocacy Center shall remain available until expended: Provided 
further, That, in addition to reimbursable full-time equivalent 
workyears available to the Offices of the United States Attorneys, not 
to exceed 10,465 positions and 10,451 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the 
United States Attorneys: Provided further, That of the funds made 
available under this heading, $1,500,000 shall only be available to 
continue ``Operation Streetsweeper''.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $214,402,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $214,402,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and remain available until expended: Provided further, 
That the sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2006, so as to 
result in a final fiscal year 2006 appropriation from the Fund 
estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,270,000.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$764,199,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; of which $4,000,000 for 
information technology systems shall remain available until expended; 
and of which not less than $13,130,000 shall be available for the costs 
of courthouse security equipment, including furnishings, relocations, 
and telephone systems and cabling, and shall remain available until 
September 30, 2007: Provided, That beginning in fiscal year 2007 and 
for each fiscal year thereafter, the Attorney General shall include in 
the budget justification materials that the Attorney General submits to 
Congress in support of the Department of Justice budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 10 
United States Code) an estimate for each United States Marshals Service 
courthouse security project and an estimate of the budgetary 
requirements for each such project for each of the five subsequent 
fiscal years: Provided further, That, in addition to reimbursable full-
time equivalent workyears available to the United States Marshals 
Service, not to exceed 4,657 positions and 4,515 full-time equivalent 
workyears shall be supported from the funds appropriated in this Act 
for the United States Marshals Service.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service in United States courthouses and Federal 
buildings, $12,000,000, to remain available until expended: Provided, 
That beginning in fiscal year 2007 and for each fiscal year thereafter, 
the Attorney General shall include in the budget justification 
materials that the Attorney General submits to Congress in support of 
the Department of Justice budget (as submitted with the budget of the 
President under section 1105(a) of title 31, 10 United States Code) an 
estimate for each construction project of United States Marshals 
Service in United States courthouses and Federal buildings and an 
estimate of the budgetary requirements for each such project for each 
of the five subsequent fiscal years.

                     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, $168,000,000, to remain available 
until expended: Provided, That not to exceed $8,000,000 may be made 
available for construction of buildings for protected witness 
safesites: Provided further, That not to exceed $1,000,000 may be made 
available for the purchase and maintenance of armored vehicles for 
transportation of protected witnesses; and of which not to exceed 
$7,000,000 may be made available for the purchase, installation, and 
maintenance and upgrade of secure telecommunications equipment and a 
secure automated information network to store and retrieve the 
identities and locations of protected witnesses.

           salaries and expenses, community relations service

    For the necessary expenses of the Community Relations Service, 
$9,659,000: Provided, That notwithstanding any other provision of law, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$21,468,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include intergovernmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $440,197,000, of which $50,000,000 shall remain available 
until expended: Provided, That all funds appropriated under this 
heading shall be managed and executed by the Administrator of the Drug 
Enforcement Administration and all employees of the Executive Office 
for the Organized Crime and Drug Enforcement Task Forces shall report 
directly to said Administrator within 60 days of enactment of this Act: 
Provided further, That any amounts obligated from appropriations under 
this heading may be used under authorities available to the 
organizations reimbursed from this appropriation: Provided further, 
That of the funds provided under this heading, $5,000,000 may be 
expended for hiring officers in the Southwest United States dedicated 
to the investigation of manufacturers of fraudulent Federal identity 
documents, Federal travel documents, or documents allowing access to 
Federal programs: Provided further, That any unobligated balances 
remaining available at the end of the fiscal year shall be available to 
the Administrator of the Drug Enforcement Administration for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures set forth in section 505 
of this Act.

                    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, $5,295,513,000; of 
which not to exceed $150,000,000 shall remain available until expended; 
of which $1,600,000,000 shall be for counterterrorism investigations, 
foreign counterintelligence, and other activities related to our 
national security; of which $152,546,000 shall be for national security 
infrastructure; of which not less than $1,200,000 shall be for the 
Federal Bureau of Investigation for processing of background checks for 
petitions and applications pending before U.S. Citizenship and 
Immigration Services; and of which not to exceed $20,000,000 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, cybercrime, and 
drug investigations: Provided, That not to exceed $200,000 shall be 
available for official reception and representation expenses.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $25,213,000, to remain 
available until expended: Provided, That $15,108,000 shall be available 
for the planning, design, and construction of a regional analytical 
training center 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.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs; and 
purchase of not to exceed 1,043 passenger motor vehicles, of which 937 
will be for replacement only, for police-type use, $1,649,142,000; 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: Provided, That, in addition to 
reimbursable full-time equivalent workyears available to the Drug 
Enforcement Administration, not to exceed 8,371 positions and 8,270 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Drug Enforcement Administration.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles 
for police-type use, of which 650 shall be for replacement only; not to 
exceed $40,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $923,700,000, of 
which not to exceed $1,000,000 shall be available for the payment of 
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which 
$10,000,000 shall remain available until expended: Provided, That no 
funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, That 
such funds shall be available to investigate and act upon applications 
filed by corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided further, 
That no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives to other agencies or 
Departments in fiscal year 2006: Provided further, That no funds 
appropriated under this or any other Act with respect to any fiscal 
year may be used to disclose part or all of the contents of the 
Firearms Trace System database maintained by the National Trace Center 
of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any 
information required to be kept by licensees pursuant to section 923(g) 
of title 18, United States Code, or required to be reported pursuant to 
paragraphs (3) and (7) of such section 923(g), to anyone other than a 
Federal, State, or local law enforcement agency or a prosecutor solely 
in connection with and for use in a bona fide criminal investigation or 
prosecution and then only such information as pertains to the 
geographic jurisdiction of the law enforcement agency requesting the 
disclosure and not for use in any civil action or proceeding other than 
an action or proceeding commenced by the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, or a review of such an action or proceeding, 
to enforce the provisions of chapter 44 of such title, and all such 
data shall be immune from legal process and shall not be subject to 
subpoena or other discovery in any civil action in a State or Federal 
court or in any administrative proceeding other than a proceeding 
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
enforce the provisions of that chapter, or a review of such an action 
or proceeding; except that this proviso shall not be construed to 
prevent the disclosure of statistical information concerning total 
production, importation, and exportation by each licensed importer (as 
defined in section 921(a)(9) of such title) and licensed manufacturer 
(as defined in section 921(a)(10) of such title): Provided further, 
That no funds made available by this or any other Act shall be expended 
to promulgate or implement any rule requiring a physical inventory of 
any business licensed under section 923 of title 18, United States 
Code: Provided further, That no funds under this Act may be used to 
electronically retrieve information gathered pursuant to 18 U.S.C. 
923(g)(4) by name or any personal identification code: Provided 
further, That no funds authorized or made available under this or any 
other Act may be used to deny any application for a license under 
section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986: Provided further, 
That of the amount provided under this heading, $5,000,000, to remain 
available until expended, shall be for the expenses necessary for site 
selection, architectural design, site preparation and the development 
of a total cost estimate for the construction of a permanent site for 
the National Center for Explosives Training and Research: Provided 
further, That any funds remaining shall be applied to the construction 
of the Center: Provided further, That the Director of the ATF, when 
considering site selection shall consider a site collocated with other 
law enforcement and Federal government entities that provide similar 
training and research.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 768, of 
which 701 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$4,889,649,000: 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 $85,017,000 shall remain available for prison 
activations until September 30, 2007: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past notwithstanding the fact that 
such not-for-profit entity furnishes services under contracts to the 
Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$222,112,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs, and of which $5,000,000 should be for site planning and 
development of a Federal Correctional Institution in the Mid-Atlantic 
region: Provided, That labor of United States prisoners may be used for 
work performed under this appropriation.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,365,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which such accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                    office on violence against women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322) (``the 1994 Act''); the Prosecutorial 
Remedies and Other Tools to End the Exploitation of Children Today Act 
of 2003 (Public Law 108-21); the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); and the Victims of 
Trafficking and Violence Protection Act of 2000 (Public Law 106-386); 
$371,997,000, 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 amounts provided--
            (1) $187,308,000 for grants to combat violence against 
        women as authorized by part T of the 1968 Act, of which:
                    (A) $5,200,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women;
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the Juvenile Justice and 
                Delinquency Act of 1974 Act; and
                    (C) $15,000,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or sexual assault as authorized by Public Law 
                108-21;
            (2) $62,660,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (3) $39,166,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 
        40295(a) of the 1994 Act;
            (4) $9,054,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (5) $39,220,000 for legal assistance for victims, as 
        authorized by section 1201(c) of Public Law 106-386;
            (6) $4,540,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault, as 
        authorized by section 40802 of the 1994 Act;
            (7) $13,894,000 for the safe havens for children pilot 
        program, as authorized by section 1301(a) of Public Law 106-
        386;
            (8) $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;
            (9) $2,000,000 for the Rape Abuse and Incest National 
        Network (RAINN);
            (10) $1,000,000 for nonprofit, nongovernmental statewide 
        coalitions serving sexual assault victims; and
            (11) $6,000,000 to be allocated, in consultation with the 
        Department of Health and Human Services, to nonprofit, 
        nongovernmental statewide domestic violence coalitions serving 
        domestic violence programs.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, the Missing Children's Assistance Act, as amended, 
including salaries and expenses in connection therewith, the Victims of 
Child Abuse Act of 1990 (``the 1990 Act''), the Prosecutorial Remedies 
and Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21), and with the Victims of Crime Act of 1984, as 
amended, $221,000,000, to remain available until expended: Provided, 
That of the amount provided--
            (1) $4,958,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (2) $986,000 for grants for televised testimony, as 
        authorized by Part N of the 1968 Act;
            (3) $2,962,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602(a) 
        of the 1994 Act;
            (4) $5,287,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (5) $11,846,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); and the Victims of 
Trafficking and Violence Protection Act of 2000 (Public Law 106-386); 
and other programs; $1,353,350,000 of which in addition to amounts 
provided by the following table $275,000,000 shall be available for 
Justice Assistance Grants to be offset by reducing appropriations in 
this title by a total of $275,000,000 to come from activities as 
follows: $43,000,000 from travel and transportation of persons; 
$3,000,000 from transportation of things; $27,000,000 from 
communications, utilities, and miscellaneous charges; $6,000,000 from 
printing and reproduction; and $196,000,000 from other services 
(including amounts for administrative costs which shall be transferred 
to and merged with the ``Justice Assistance'' account): Provided, That 
funding provided under this heading shall remain available until 
expended: Provided further, That funds provided under this heading 
shall be distributed in the manner described in the following table:

                Program                                          Amount
Justice Assistance Grants............................      $530,000,000
Boys and Girls Clubs.................................       $85,000,000
National Institute of Justice........................       $10,000,000
Indian Assistance Programs...........................       $15,000,000
State Criminal Alien Assistance Programs.............      $170,000,000
SW Border Prosecutors................................       $30,000,000
Byrne Grants (discretionary).........................      $177,000,000
Drug Courts..........................................       $25,000,000
Marketing Scams Against Senior Citizens..............        $1,000,000
Missing Alzheimer's Disease Patient Alert Program....          $850,000
Assistance for Victims of Trafficking................        $2,000,000
Prison Rape Prevention...............................        $1,500,000
State Prison Drug Treatment..........................       $15,000,000
National Criminal Intelligence Sharing Plan..........        $6,000,000
Capital Litigation...................................        $1,000,000
Justice For All......................................        $4,000,000
State and Local Anti-Terrorism Training..............       $5,000,000:
Provided further, 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, $50,280,000, 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 
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 notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 505 of this Act: Provided further, 
That of the funds appropriated for the Executive Office for Weed and 
Seed, $2,000,000 shall be directed for comprehensive community 
development training and technical assistance.

                  community oriented policing services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), $534,987,000, of which $19,900,000 shall be offset by reducing 
appropriations in this title for Department of Justice supplies and 
materials by a total of $19,900,000, to remain available until 
expended: Provided, That funds that become available as a result of 
deobligations from prior year balances may not be obligated except in 
accordance with section 505 of this Act: Provided further, 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 funds provided under 
this heading shall be distributed in the manner described in the 
following table:

                Program                                          Amount
Hiring...............................................        $2,000,000
Training and Technical Assistance....................       $14,000,000
Bullet Proof Vests...................................       $27,000,000
Tribal Law Enforcement...............................       $20,000,000
Methamphetamine Hot Spots............................       $80,000,000
Police Corps.........................................       $10,000,000
Law Enforce Technologies (projects)..................      $137,000,000
Interoperable Communications.........................       $37,500,000
Criminal Records Upgrade.............................       $20,000,000
DNA Initiative.......................................       $89,500,000
Coverdell Forensics Science Improvements.............       $22,000,000
Crime Identification Technology......................       $30,000,000
Offender Reentry.....................................        $3,000,000
Safe Schools Initiative..............................        $5,000,000
Police Integrity.....................................        $7,500,000
Management and Administration........................      $30,487,000.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the Act'') and other juvenile justice programs, including 
salaries and expenses in connection therewith to be transferred to and 
merged with the appropriations for Justice Assistance, $352,000,000 of 
which $2,000,000 shall be for grants for methamphetamine prevention 
education programs in elementary and secondary schools to be offset by 
a reduction of $2,000,000 in the Drug Enforcement Agency salaries and 
expenses in this Act, to remain available until expended: Provided, 
That funds provided under this heading shall be distributed in the 
manner described in the following table:

                Program                                          Amount
Part A, Concentration of Federal Efforts.............        $1,000,000
Part B, Formula Grants...............................       $82,000,000
Part C, Discretionary Grants.........................        $5,000,000
Part D, Research, Evaluation, TA and Training........        $8,000,000
Part E, Developing New Initiatives...................       $75,000,000
Part G, Juvenile Mentoring Program (JUMP)............       $15,000,000
Title V, At Risk Children Programs...................       $20,000,000
Title V, Tribal Youth................................       $10,000,000
Title V, Gang Prevention.............................       $25,000,000
Title V, Prevention of Underage Drinking.............       $25,000,000
Secure Our Schools Act...............................       $15,000,000
Project Childsafe....................................        $5,000,000
Juvenile Accountability Block Grants.................       $49,000,000
Victims of Child Abuse Act...........................      $15,000,000.

                    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), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$4,884,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act; and $4,064,000 for 
educational assistance, as authorized by section 1212 of the 1968 Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $60,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 102. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 103. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 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 505 of this 
Act.
    Sec. 106. The Attorney General is authorized to make permanent the 
Personnel Management Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of 
employees or the positions covered.
    Sec. 107. Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation initiated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 108. Funds appropriated by this Act for the Federal Prisons 
System shall be in the amounts and accounts specified in the report 
accompanying this Act: Provided, That within 30 days of enactment of 
this Act, the Bureau of Prisons will submit a comprehensive financial 
plan for the Federal Prison System to the Committees on Appropriations: 
Provided further, That no funds appropriated for the Federal Prison 
System in this or any other Appropriations Act for the construction of 
new facilities may be rescinded, cancelled, or used for any other 
purpose.
    Sec. 109. 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. 110. (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. 111. Within the funds provided under ``Justice Information 
Sharing Technology'', the Attorney General shall establish an 
investment review board, which the Deputy Attorney General shall head: 
Provided, That within 90 days of enactment of this Act, the Department 
shall submit a plan that outlines the governance structure and 
membership of the board: Provided further, That the Department shall 
submit to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives, within 90 
days of enactment of this Act, the project criteria that will trigger 
the board's oversight, to include a listing of all projects to be 
reviewed during fiscal year 2006.
    Sec. 112. 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. 113. Within the funds provided for the Drug Enforcement 
Agency, the Attorney General shall establish a Methamphetamine Task 
Force within the Drug Enforcement Agency 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 Agency 
shall submit a plan that outlines the governance structure and 
membership of the task force: Provided further, That within 120 days 
the Drug Enforcement Agency shall establish the task force and 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. 114. Section 7(d)(3)(A) of the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15606) is amended by striking ``2 years'' and inserting 
``3 years''.
    Sec. 115. The Attorney General may waive the matching requirement 
for the purchase of bulletproof vests of the Bulletproof Vest 
Partnership Grant Act of 1998 for any law enforcement agency that 
purchased defective Zylon-based body armor with Federal funds pursuant 
to such Act between October 1, 1998, and September 30, 2005, and seeks 
to replace that Zylon-based body armor, provided that the law 
enforcement agency can present documentation to prove the purchase of 
Zylon-based body armor with funds awarded to it under such Act.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2006''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$40,997,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That not less 
than $2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act 
of 2002, Public Law 107-210.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $62,752,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $45,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $404,625,000, to remain 
available until expended, 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 $48,134,000 shall be for 
Manufacturing and Services; $39,815,000 shall be for Market Access and 
Compliance; $64,134,000 shall be for the Import Administration; 
$231,722,000 shall be for Trade Promotion and the United States and 
Foreign Commercial Service; and $25,820,000 shall be for Executive 
Direction and Administration: Provided further, That negotiations shall 
be conducted within the World Trade Organization to recognize the right 
of members to distribute monies collected from antidumping and 
countervailing duties: Provided further, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act of 1961 shall include payment for assessments for 
services provided as part of these activities: Provided further, That 
the International Trade Administration shall be exempt from the 
requirements of Circular A-25 (or any successor administrative 
regulation or policy) issued by the Office of Management and Budget: 
Provided further, That negotiations shall be conducted within the World 
Trade Organization consistent with the negotiating objectives contained 
in the Trade Act of 2002, Public Law 107-210.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $77,000,000, to remain available until expended, of 
which $7,200,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $483,985,000, to remain available until 
expended: Provided, That $200,000,000 shall be for assistance described 
in section 209(c)(2) of that Act (42 U.S.C. 3149(c)(2)) and is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $40,939,000: Provided, That 
$10,000,000 shall be for salaries and expenses of carrying out section 
209(c)(2) of the Public Works and Economic Development Act of 1965 (42 
U.S.C. 3149(c)(2)) and is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress): Provided 
further, 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, $30,727,000.

                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, 
$81,283,000, to remain available until September 30, 2006.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$183,029,000.

                     periodic censuses and programs

    For necessary expenses related to the 2010 decennial census, 
$390,000,000, to remain available until September 30, 2006.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $154,356,000, 
to remain available until September 30, 2006.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $20,255,000, 
to remain available until September 30, 2007: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of grants authorized by section 392 of the 
Communications Act of 1934, $22,000,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, $15,000,000, to remain available until expended as authorized by 
section 391 of the Act: Provided, That not to exceed $3,000,000 shall 
be available for program administration and other support activities as 
authorized by section 391: Provided further, That, of the funds 
appropriated herein, not to exceed 5 percent may be available for 
telecommunications research activities for projects related directly to 
the development of a national information infrastructure: Provided 
further, That, notwithstanding the requirements of sections 392(a) and 
392(c) of the Act, these funds may be used for the planning and 
construction of telecommunications networks for the provision of 
educational, health care, or public information: Provided further, 
That, notwithstanding any other provision of law, no entity that 
receives telecommunications services at preferential rates under 
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance 
under the regional information sharing systems grant program of the 
Department of Justice under part M of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds 
under a grant under this heading to cover any costs of the entity that 
would otherwise be covered by such preferential rates or such 
assistance, as the case may be.

               United States Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,703,300,000, 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 
$1,703,300,000, this amount shall be reduced accordingly: 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 of amounts made 
available under this heading, $500,000 is only for the National 
Intellectual Property Law Enforcement Coordinating Council: Provided 
further, That in fiscal year 2006 and hereafter, from the amounts made 
available for ``Salaries and Expenses'' for the United States Patent 
and Trademark Office (PTO), the amounts necessary to pay: (1) the 
difference between the percentage of basic pay contributed by the PTO 
and employees under section 8334(a) of title 5, United States Code, and 
the normal cost percentage (as defined by section 8331(17) of that 
title) of basic pay, of employees subject to subchapter III of chapter 
83 of that title; and (2) the present value of the otherwise unfunded 
accruing costs, as determined by the Office of Personnel Management, of 
post-retirement life insurance and postretirement 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.

                                 OTHER

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce and the Technology Administration provided for 
by law, including not to exceed $5,000 for official entertainment, 
$49,605,000: Provided, That not to exceed 9 full-time equivalents and 
$1,181,000 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, $5,000,000, to 
remain available until September 30, 2007.

                    office of the 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

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 204. Funds made available for salaries and administrative 
expenses to administer the Emergency Steel Loan Guarantee Program in 
section 211(b) of Public Law 108-199 shall remain available until 
expended: Provided, That section 101(k) of the Emergency Steel Loan 
Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is 
amended by striking ``2005'' and inserting ``2007''.
    Sec. 205. 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 505 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 Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act: Provided further, That for the National Oceanic and 
Atmospheric Administration this section shall provide for transfers 
among appropriations made only to the National Oceanic and Atmospheric 
Administration and such appropriations may not be transferred and 
reprogrammed to other Department of Commerce bureaus and appropriation 
accounts.
    Sec. 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. Technology and Opportunities Program. (a) Of the total 
amount appropriated in this Act for the Technology and Opportunities 
Program, that amount shall be increased by $5,000,000, which shall be 
made available for the grants authorized under title I of the ENHANCE 
911 Act of 2004 (Public Law 108-494; 118 Stat. 3986).
    (b) Amounts appropriated under this Act for the Departmental 
Management of the Department of Commerce are reduced by $5,000,000.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2006''.

                           TITLE III--SCIENCE

                         DEPARTMENT OF COMMERCE

             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 $3,000,000 may be transferred to the ``Working Capital 
Fund'': Provided, That from amounts provided herein, not to exceed 
$5,000 shall be made available in fiscal year 2006 for official 
reception and representation expenses.

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$106,000,000, to remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$140,000,000, to remain available until expended, of which $60,000,000 
shall be expended for the award of new grants before September 30, 
2006.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $198,631,000, to remain available until expended: 
Provided, That beginning in fiscal year 2007 and for each fiscal year 
thereafter, the Secretary of Commerce shall include in the budget 
justification materials that the Secretary submits to Congress in 
support of the Department of Commerce budget (as submitted with the 
budget of the President under section 1105(a) of title 31, 10 United 
States Code) an estimate for each National Institute of Standards and 
Technology construction project having a total multiyear program cost 
of more than $5,000,000 and simultaneously the budget justification 
materials shall include an estimate of the budgetary requirements for 
each such project for each of the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; relocation of 
facilities, $3,199,983,000, to remain available until September 30, 
2007, except for funds provided for cooperative enforcement which shall 
remain available until September 30, 2008: Provided, That in addition, 
$3,000,000 shall be derived by transfer from the fund entitled 
``Coastal Zone Management'' and in addition $62,000,000 shall be 
derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That fees and donations received for the management 
of the 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 grants to States pursuant to 
sections 306 and 306A of the Coastal Zone Management Act of 1972, as 
amended, shall not exceed $2,000,000, unless funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year: Provided further, That if funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year, then no State shall receive more than 5 percent 
or less than 1 percent of the additional funds: Provided further, That, 
of the $3,264,983,000 provided for in direct obligations under this 
heading, $610,462,000 shall be for the National Ocean Service, 
$763,783,000 shall be for the National Marine Fisheries Service, 
$470,109,000 shall be for Oceanic and Atmospheric Research, 
$772,762,000 shall be for the National Weather Service, $180,412,000 
shall be for the National Environmental Satellite, Data, and 
Information Service, and $402,455,000 shall be for Program Support: 
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 
$40,693,000: 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 none of the 
funds in this Act may be used for the National Oceanic and Atmospheric 
Administration to implement the Department of Commerce's E-Government 
initiatives: Provided further, That, notwithstanding any other 
provision of law, the authorities provided to National Aeronautics and 
Space Administration pursuant to 42 U.S.C. 2473 shall be available to 
the National Oceanic and Atmospheric Administration in the furtherance 
of its oceanic, atmospheric and space mission and programs: Provided 
further, That the obligated balance of such sums shall remain available 
through September 30, 2012 for liquidating obligations made in fiscal 
years 2004 and 2005.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for 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, $1,195,017,000, to remain available 
until September 30, 2008, except funds provided for construction of 
facilities which shall remain available until expended: Provided, That 
funds provided under this heading for the National Polar-orbiting 
Operational Environmental Satellite System shall only be made available 
on a dollar for dollar matching basis with funds provided for the same 
purpose by the Department of Defense: Provided further, That except to 
the extent expressly prohibited by any other law, the Department of 
Defense may delegate procurement functions related to the National 
Polar-orbiting Operational Environmental Satellite System to officials 
of the Department of Commerce pursuant to section 2311 of title 10, 
United States Code: Provided further, That beginning in fiscal year 
2006 and for each fiscal year thereafter, the Secretary of Commerce 
shall include in the budget justification materials that the Secretary 
submits to Congress in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 1105(a) of 
title 31, 10 United States Code) an estimate for each National Oceanic 
and Atmospheric Administration procurement, acquisition and 
construction program having a total multiyear program cost of more than 
$5,000,000 and an estimate of the budgetary requirements for each such 
program for each of the five subsequent fiscal years.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $90,000,000 to remain available under September 30, 
2007.

                      coastal zone management fund

    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.

             National Aeronautics and Space Administration

                 science, aeronautics, and exploration

                     (including transfers of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics and exploration research and 
development activities, including research, development, operations, 
support and services; maintenance; construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control and 
communications activities including operations, production, and 
services; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $9,761,000,000, 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 ``Exploration Capabilities'' in accordance with 
section 312(b) of the National Aeronautics and Space Act of 1958, as 
amended by Public Law 106-377: Provided, That within the amounts 
provided under this heading, $250,000,000 shall be for a Hubble 
servicing mission, $371,600,000 for the Webb Space Telescope to be 
launched no later than 2013, $1,120,100,000 shall be for Constellation 
systems, and $132,930,000 shall be for other related exploration, 
science, and aeronautics activities.

                        exploration capabilities

                     (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration capabilities research and development 
activities, including research, development, operations, support and 
services; maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control and communications 
activities including operations, production, and services; program 
management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; not to exceed 
$35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $6,603,000,000, to remain available until 
September 30, 2007, of which amounts as determined by the Administrator 
for salaries and benefits; training, travel and awards; facility and 
related costs; information technology services; science, engineering, 
fabricating and testing services; and other administrative services may 
be transferred to ``Science, Aeronautics, and Exploration'' in 
accordance with section 312(b) of the National Aeronautics and Space 
Act of 1958, as amended by Public Law 106-377.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$32,400,000, to remain available until September 30, 2007.

                       administrative provisions

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics, and exploration'', or 
``Exploration capabilities'' by this appropriations Act, when any 
activity 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 minor institutional 
revitalization and construction of facilities, and institutional 
facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, Aeronautics, and Exploration'', or 
``Exploration capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available 
until September 30, 2008.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn. Funding shall not be made available for 
Centennial Challenges unless authorized.
    The unexpired balances of prior appropriations to National 
Aeronautics and Space Administration for activities for which funds are 
provided under this Act may be transferred to the new account 
established for the appropriation that provides such activity under 
this Act. Balances so transferred may be merged with funds in the newly 
established account and thereafter may be accounted for as one fund 
under the same terms and conditions.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $4,345,213,000, of 
which at least $386,930,000 shall remain available until expended for 
Polar research and operations support, of which up to $58,000,000 shall 
be used for the procurement of polar ice breaking services from the 
U.S. Coast Guard, and that in the event that the U.S. Coast Guard is 
unable to provide said ice breaking services, then the National Science 
Foundation shall procure such services from alternative sources, and 
for reimbursement to other Federal agencies for operational and science 
support and logistical and other related activities for the United 
States Antarctic program; the balance to remain available until 
September 30, 2006: Provided, That receipts for scientific support 
services and materials furnished by the National Research Centers and 
other National Science Foundation supported research facilities may be 
credited to this appropriation: Provided further, That to the extent 
that the amount appropriated is less than the total amount authorized 
to be appropriated for included program activities, all amounts, 
including floors and ceilings, specified in the authorizing Act for 
those program activities or their subactivities shall be reduced 
proportionally.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended, including authorized travel, 
$193,350,000, to remain available until expended.

                     education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$747,000,000, to remain available until September 30, 2006: Provided, 
That to the extent that the amount of this appropriation is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in 
the authorizing Act for those program activities or their subactivities 
shall be reduced proportionally.

                         salaries and expenses

    For salaries and expenses necessary in carrying out the National 
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); 
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; 
not to exceed $9,000 for official reception and representation 
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; rental of conference rooms in the District of Columbia; and 
reimbursement of the General Services Administration for security guard 
services; $229,896,000: Provided, That contracts may be entered into 
under ``Salaries and expenses'' in fiscal year 2006 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
$4,000,000: Provided, That not more than $9,000 shall be available for 
official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$11,500,000, to remain available until September 30, 2006.

                   Executive Office of the President

                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 and 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.

                      General Provisions--Science

                     (including transfer of funds)

    Sec. 301. Notwithstanding any other provision of law, of the 
amounts made available elsewhere in this title to the ``National 
Institute of Standards and Technology, Construction of Research 
Facilities'', $8,000,000 is for a cooperative agreement with the 
Medical University of South Carolina; $20,000,000 is for the National 
Formulation Science Laboratory at the University of Southern 
Mississippi; $20,000,000 is for the University of Mississippi Research 
Park; $5,000,000 is for the Alabama State University Science and 
Education Building; $8,000,000 is for Tuscaloosa, Alabama, 
revitalization; $20,000,000 is for the Biomedical Research Center at 
the University of Alabama at Birmingham; and $30,000,000 is for the 
University of Alabama for the design and construction of the Science 
and Engineering Center.
    Sec. 302. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to American 
Fisheries'', $10,000,000 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. 303. Of the amounts made available under the heading 
``Procurement, Acquisition and Construction, National Oceanic and 
Atmospheric Administration'', $12,000,000 shall be transferred to the 
National Aeronautics and Space Administration for the planning, design, 
and construction of Building 3203, and for the planning and design of 
Buildings 3205 and 3216.
    Sec. 304. Notwithstanding any other provision of this Act, of the 
amounts made available in this title under the heading ``National 
Oceanic and Atmospheric Administration'' and under the subheading 
``operations, research, and facilities'', not less than $5,800,000 
shall be made available for the National Hurricane Center and that such 
amount may be used to employ individuals in 43 full-time equivalent 
positions at the National Hurricane Center.
    Sec. 305. Of the amounts made available under the heading 
``National Oceanic and Atmospheric Administration'' and the subheading 
``operations, research, and facilities'', sufficient funds may be 
provided to implement the Harmful Algal Bloom and Hypoxia Amendments 
Act of 2004 (title I of Public Law 108-456; 16 U.S.C. 1451 note).
    Sec. 306. It is the sense of Congress that the U.S. Coral Reef Task 
Force should join with its Federal and State partners to provide an 
appropriate level of financial and technical support to make the 11th 
International Coral Reef Symposium a successful event.
    Sec. 307. Of the amounts appropriated or otherwise made available 
by this title under the heading ``National Aeronautics and Space 
Administration'', $859,300,000 shall be available for aeronautics 
research and development programs of the National Aeronautics and Space 
Administration. Of the amount available under this section in excess of 
$852,300,000, not more than 50 percent of such excess amount may be 
derived from any particular account of the National Aeronautics and 
Space Administration.
    This title may be cited as the ``Science Appropriations Act, 
2006''.

                       TITLE IV--RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,000,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, 
That none of the funds appropriated in this paragraph shall be used to 
employ in excess of four full-time individuals under Schedule C of the 
Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 
75 billable days, with the exception of the chairperson, who is 
permitted 125 billable days.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); non-monetary awards to private 
citizens; and not to exceed $33,000,000 for payments to State and local 
enforcement agencies for services to the Commission pursuant to title 
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with Disabilities Act 
of 1990, and the Civil Rights Act of 1991, $331,228,000: Provided, That 
the Commission is authorized to make available for official reception 
and representation expenses not to exceed $2,500 from available funds: 
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the Committees on Appropriations have been notified of 
such proposals, in accordance with the reprogramming provisions of 
section 505 of this Act.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $9,900,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; 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, 
$297,370,000: Provided, That $296,370,000 of offsetting collections 
shall be assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2006 so as to result in a final fiscal year 2006 appropriation 
estimated at $1,000,000: Provided further, That any offsetting 
collections received in excess of $296,370,000 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 passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $211,000,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $116,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, $23,000,000 in offsetting collections derived from 
fees sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telephone Consumer Fraud and Abuse Prevention Act 
(15 U.S.C. 6101 et seq.), shall be credited to this account, and be 
retained and used for necessary expenses in this appropriation: 
Provided further, That the sum herein appropriated from the general 
fund shall be reduced as such offsetting collections are received 
during fiscal year 2006, so as to result in a final fiscal year 2006 
appropriation from the general fund estimated at not more than 
$72,000,000: Provided further, That none of the funds made available to 
the Federal Trade Commission may be used to enforce subsection (e) of 
section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or 
section 151(b)(2) of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (12 U.S.C. 1831t note): Provided further, That 
hereafter no funds appropriated in this or any other Act shall be 
expended to remove the Federal Trade Commission from its headquarters 
building, the Federal Trade Commission Building, located at 600 
Pennsylvania Avenue, Northwest, Washington, DC; to render such building 
appropriate for occupation by another Federal agency or other 
organization or division thereof; or to locate any such agency, 
organization, or division in said building.

                       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, $358,527,000, 
of which $346,251,000 is for basic field programs and required 
independent audits (of which $8,000,000 is for basic field programs 
providing legal assistance to victims of Hurricane Katrina).
    Notwithstanding any other provisions in the Act, the sums 
appropriated for the Department of Justice are reduced by $37,000,000. 
This reduction is to be taken by the Attorney General from accounts 
receiving an increase in travel and transportation of persons as 
specified in the President's Fiscal Year 2006 Budget Submittal to 
Congress pursuant to 31 U.S.C. section 1105 and which are in excess of 
the fiscal year 2005 level; $2,600,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; $13,900,000 is for management 
and administration; $3,400,000 is for client self-help and information 
technology; and $2,849,000 is for grants to offset losses due to census 
adjustments.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2005 and 2006, respectively, and except that section 
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not 
apply to the use of the $1,775,000 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, $2,000,000.

           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, $2,000,000, 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; of which not to exceed $13,000 
may be used toward funding a permanent secretariat for the 
International Organization of Securities Commissions; and of which not 
to exceed $100,000 shall be available for expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, members of their delegations, appropriate 
representatives and staff to exchange views concerning developments 
relating to securities matters, development and implementation of 
cooperation agreements concerning securities matters and provision of 
technical assistance for the development of foreign securities markets, 
such expenses to include necessary logistic and administrative expenses 
and the expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including: (1) such incidental 
expenses as meals taken in the course of such attendance; (2) any 
travel and transportation to or from such meetings; and (3) any other 
related lodging or subsistence: Provided, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$863,117,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
$25,000,000 shall be derived from prior year unobligated balances from 
funds previously appropriated to the Securities and Exchange 
Commission: Provided further, That the total amount appropriated under 
this heading from the general fund for fiscal year 2006 shall be 
reduced as such offsetting fees are received so as to result in a final 
total fiscal year 2006 appropriation from the general fund estimated at 
not more than $0.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 106-554, 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, $336,084,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations: Provided further, That $89,000,000 shall be 
available to fund grants for performance in fiscal year 2006 or fiscal 
year 2007 as authorized: Provided further, That the Small Business 
Administration is authorized to award grants under the 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 48 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, 
$14,500,000.

                 surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act, as amended, 
$3,000,000, to remain available until expended.

                     business loans program account

                     (including transfer of funds)

    For the cost of guaranteed loans, $2,000,000, as authorized by 15 
U.S.C. 631 note, to remain available until September 30, 2006: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That subject to section 502 of the 
Congressional Budget Act of 1974, during fiscal year 2006 commitments 
to guarantee loans under section 503 of the Small Business Investment 
Act of 1958, shall not exceed the levels established under 
20(e)(1)(B)(ii) of the Small Business Act: Provided further, That 
during fiscal year 2006 commitments for general business loans 
authorized under section 7(a) of the Small Business Act, shall not 
exceed the levels established under 20(e)(1)(B)(i) of the Small 
Business Act: Provided further, That during fiscal year 2006 
commitments to guarantee loans for debentures and participating 
securities under section 303(b) of the Small Business Investment Act of 
1958, shall not exceed the levels established by section 20(i)(1)(C) of 
the Small Business Act.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $126,653,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, $83,335,000, 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.
    In addition, for administrative expenses to carry out the direct 
loan program, $56,000,000, which may be transferred to and merged with 
appropriations for Salaries and 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; of which $46,100,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program; and of which $9,000,000 is for indirect 
administrative expenses and may be transferred to and merged with funds 
in the Salaries and Expenses appropriations account: Provided, That any 
amount to be transferred to and merged with appropriations for Salaries 
and Expenses for any purpose shall be treated as a reprogramming of 
funds under section 505 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.

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

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572), $5,000,000: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Departments of Commerce and Justice, the National 
Aeronautics and Space Administration, the Federal Communications 
Commission, the Securities and Exchange Commission, and the Small 
Business Administration shall provide to the Committees on 
Appropriations of the Senate and of the House of Representatives a 
quarterly accounting of the cumulative balances of any unobligated 
funds that were made available to any such agency in any previous 
appropriations Act.
    Sec. 502. 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. 503. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504. 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. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2006, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes or renames offices; (6) reorganizes programs or activities; 
or (7) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Appropriations 
Committees of both Houses of Congress are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2006, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects (including construction projects), or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by Congress; or (3) results from any general savings 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: Provided, That 
transfers may not be made from ``Buildings and Facilities, Federal 
Prison System'' to any other Department of Justice account.
    Sec. 506. Hereafter, none of the funds made available in this Act 
or any other Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of vessels 
for the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    Sec. 507. 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 available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to implement, 
enforce, or otherwise abide by the Memorandum of Agreement signed by 
the Federal Trade Commission and the Antitrust Division of the 
Department of Justice on March 5, 2002.
    Sec. 509. Section 704 of the Public Works and Economic Development 
Act of 1965 (42 U.S.C. 3234) shall not apply to any funds made 
available by this Act or an amendment made by this Act.
    Sec. 510. 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 505 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 511. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 512. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 513. 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. 514. Of the amounts made available under the heading ``Small 
Business Administration, Salaries and Expenses'', $50,000,000 shall be 
available for programs described in the statement accompanying this 
Act.
    Sec. 515. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.
    Sec. 516. 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. 517. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 518. The Secretary of Commerce shall represent the United 
States Government in negotiating and monitoring international 
agreements regarding fisheries, marine mammals, or sea turtles: 
Provided, That the Secretary of Commerce shall be responsible for the 
development and interdepartmental coordination of the policies of the 
United States with respect to the international negotiations and 
agreements referred to in this section.
    Sec. 519. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 520. Universal Service Support. None of the funds appropriated 
by this Act may be used by the Federal Communications Commission to 
modify, amend, or change its rules or regulations for universal service 
support payments to implement the February 27, 2004 recommendations of 
the Federal-State Joint Board on Universal Service regarding single 
connection or primary line restrictions on universal service support 
payments.
    Sec. 521. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes or models of 
        firearms are used for illicit purposes. The firearms selected 
        do not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are 
        normally traced to the first retail seller, and sources 
        reported for firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are acquired 
        for use in crime.
    Sec. 522. (a) For the period beginning on October 1, 2005, and 
ending on April 1, 2006, none of the funds made available by this or 
any other Act may be used to pay the salaries or expenses of any 
employee of any agency or office to implement any change to part 302, 
303, 306, or 318 of title 13, Code of Federal Regulations (as in effect 
on December 14, 1999), pursuant to the interim final rule published 
August 11, 2005 (70 Fed. Reg. 47002; relating to the implementation of, 
and regulatory revision under, the Economic Development Reauthorization 
Act (Public Law 108-373; 118 Stat. 1756)).
    (b) Notwithstanding the interim final rule described in subsection 
(a), the public comment period with respect to parts 302, 303, 306, and 
318 of title 13, Code of Federal Regulations, shall be not less than 30 
days.
    Sec. 523. Sense of the Senate.--(a) Findings.--The Senate finds the 
following:
            (1) In a time of national catastrophe, it is the 
        responsibility of Congress and the Executive Branch to take 
        quick and decisive action to help those in need.
            (2) The size, scope, and complexity of Hurricane Katrina 
        are unprecedented, and the emergency response and long-term 
        recovery efforts will be extensive and require significant 
        resources.
            (3) It is the responsibility of Congress and the Executive 
        Branch to ensure the financial stability of the nation by being 
        good stewards of Americans' hard-earned tax dollars.
    (b) Sense of the Senate.--It is the sense of the Senate that any 
funding directive contained in this Act, or its accompanying report, 
that is not specifically authorized in any Federal law as of the date 
of enactment of this section, or Act or resolution passed by the Senate 
during the 1st Session of the 109th Congress prior to such date, or 
proposed in pursuance to an estimate submitted in accordance with law, 
that is for the benefit of an identifiable program, project, activity, 
entity, or jurisdiction and is not directly related to the impact of 
Hurricane Katrina, may be redirected to recovery efforts if the 
appropriate head of an agency or department determines, after 
consultation with appropriate Congressional Committees, that the 
funding directive is not of national significance or is not in the 
public interest.
    Sec. 524. (a) It is the sense of Congress that all authorities with 
jurisdiction, including the Federal Bureau of Investigation and other 
entities within the Department of Justice, should--
            (1) expeditiously investigate unsolved civil rights 
        murders, due to the amount of time that has passed since the 
        murders and the age of potential witnesses; and
            (2) provide all the resources necessary to ensure timely 
        and thorough investigations in the cases involved.
    (b) In this section:
            (1) The term ``Chief'' means the Chief of the Section.
            (2) The term ``criminal civil rights statutes'' means--
                    (A) section 241 of title 18, United States Code 
                (relating to conspiracy against rights);
                    (B) section 242 of title 18, United States Code 
                (relating to deprivation of rights under color of law);
                    (C) section 245 of title 18, United States Code 
                (relating to federally protected activities);
                    (D) sections 1581 and 1584 of title 18, United 
                States Code (relating to involuntary servitude and 
                peonage);
                    (E) section 901 of the Fair Housing Act (42 U.S.C. 
                3631); and
                    (F) any other Federal law that--
                            (i) was in effect on or before December 31, 
                        1969; and
                            (ii) the Criminal Section of the Civil 
                        Rights Division of the Department of Justice 
                        enforced, prior to the date of enactment of 
                        this Act.
            (3) The term ``Section'' (except when used as part of the 
        term ``Criminal Section'') means the Unsolved Crimes Section 
        established under subsection (c).
    (c)(1) There is established in the Civil Rights Division of the 
Department of Justice an Unsolved Crimes Section. The Section shall be 
headed by a Chief of the Section.
    (2)(A) Notwithstanding any other provision of Federal law, the 
Chief shall be responsible for investigating and prosecuting violations 
of criminal civil rights statutes, in each case in which a complaint 
alleges that such a violation--
            (i) occurred not later than December 31, 1969; and
            (ii) resulted in a death.
    (B) After investigating a complaint under subparagraph (A), if the 
Chief determines that an alleged practice that is a violation of a 
criminal civil rights statute occurred in a State, or political 
subdivision of a State, that has a State or local law prohibiting the 
practice alleged and establishing or authorizing a State or local 
official to grant or seek relief from such practice or to institute 
criminal proceedings with respect to the practice on receiving notice 
of the practice, the Chief shall consult with the State or local 
official regarding the appropriate venue for the case involved.
    (C) After investigating a complaint under subparagraph (A), the 
Chief shall refer the complaint to the Criminal Section of the Civil 
Rights Division, if the Chief determines that the subject of the 
complaint has violated a criminal civil rights statute in the case 
involved but the violation does not meet the requirements of clause (i) 
or (ii) of subparagraph (A).
    (3)(A) The Chief shall annually conduct a study of the cases under 
the jurisdiction of the Chief and, in conducting the study, shall 
determine the cases--
            (i) for which the Chief has sufficient evidence to 
        prosecute violations of criminal civil rights statutes; and
            (ii) for which the Chief has insufficient evidence to 
        prosecute those violations.
    (B) Not later than September 30 of 2006 and of each subsequent 
year, the Chief shall prepare and submit to Congress a report 
containing the results of the study conducted under subparagraph (A), 
including a description of the cases described in subparagraph (A)(ii).
    (4)(A) There is authorized to be appropriated to carry out this 
subsection $5,000,000 for fiscal year 2006 and each subsequent fiscal 
year.
    (B) Any funds appropriated under this paragraph shall consist of 
additional appropriations for the activities described in this 
subsection, rather than funds made available through reductions in the 
appropriations authorized for other enforcement activities of the 
Department of Justice.
    Sec. 525. 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 identification of any company to which the information relates, (3) 
a summary of tax expenditures (as defined in section 3(3) of the 
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 
622(3)) for such companies, (4) the effects of increased gasoline 
prices and gasoline price-gouging on economic activity in the United 
States, and (5) the overall cost of increased gasoline prices and 
gasoline 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 
international market trends; Provided further, That in any areas of 
markets in which the Commission determines price increases are due to 
factors other than the additional costs, it shall also notify the 
appropriate State agency of its findings; Provided further, That the 
Commission shall provide information on the progress of the 
investigation to the Senate and House Appropriations Committees, the 
Senate Committee on Commerce, Science, and Transportation, and the 
House of Representatives Committee on Energy and Commerce every 30 days 
after the date of enactment of this Act, shall provide those Committees 
a written interim report 90 days after such date, and shall transmit a 
final report to those Committees, together with its findings and 
recommendations, no later than 180 days after the date of enactment of 
this Act; Provided further, That the Commission shall transmit 
recommendations, based on its findings, to the Congress for any 
legislation necessary to protect consumers from gasoline price-gouging 
in both State and National disaster areas and elsewhere; Provided 
further, That chapter 35 of title 44, United States Code, does not 
apply to the collection of information for the investigation required 
by this section; Provided further, That if, during the investigation, 
the Commission obtains evidence that a person may have violated a 
criminal law, the Commission may transmit that evidence to appropriate 
Federal or State authorities; and Provided further, That nothing in 
this section affects any other authority of the Commission to disclose 
information.

                 hurricane katrina assistance vouchers

    Sec. 526. Hurricane Katrina Emergency Assistance Vouchers.--(a) 
Short Title.--This section may be cited as the ``Helping to House the 
Victims of Hurricane Katrina Act of 2005''.
    (b) Hurricane Katrina Emergency Assistance Vouchers.--Section 8(o) 
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is 
amended by adding at the end the following:
            ``(20) Hurricane katrina emergency assistance vouchers.--
                    ``(A) In general.--During the 6-month period 
                beginning on the date of enactment of the Helping to 
                House the Victims of Hurricane Katrina Act of 2005, the 
                Secretary shall provide temporary rental assistance to 
                any individual or family, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Regulations.--Not later than 30 days after 
                the date of enactment of the Helping to House the 
                Victims of Hurricane Katrina Act of 2005, the Secretary 
                shall issue final rules to establish the procedures 
                applicable to the issuance of assistance under 
                subparagraph (A).
                    ``(C) Notice.--The Secretary, in consultation with 
                the Director of the Federal Emergency Management Agency 
                and such other agencies as the Secretary determines 
                appropriate, shall establish procedures for providing 
                notice of the availability of assistance under this 
                paragraph to individuals or families that may be 
                eligible for such assistance.
                    ``(D) Authority to contract with pha's and 
                others.--The Secretary may contract with any State or 
                local government agency or public housing agency, or in 
                consultation with any State or local government agency, 
                with any other entity, to ensure that assistance 
                payments under this paragraph are provided in an 
                efficient and expeditious manner.
                    ``(E) Waiver of eligibility requirements.--In 
                providing assistance under this paragraph, the 
                Secretary shall waive the requirements under--
                            ``(i) paragraph (2), relating to tenant 
                        contributions towards rent, except that any 
                        such waiver shall expire on an individual's 
                        return to work;
                            ``(ii) paragraph (4), relating to the 
                        eligibility of individuals to receive 
                        assistance;
                            ``(iii) subsection (k) and paragraph (5) of 
                        this subsection, relating to verification of 
                        income;
                            ``(iv) paragraph (7)(A), relating to the 
                        requirement that leases shall be for a term of 
                        1 year;
                            ``(v) paragraph (8), relating to initial 
                        inspection of housing units by a public housing 
                        agency; and
                            ``(vi) subsection (r)(1)(B), relating to 
                        restrictions on portability.
                    ``(F) Use of funds.--Notwithstanding any other 
                provision of law, funds available for assistance under 
                this paragraph--
                            ``(i) shall be made available by the 
                        Secretary to individuals to cover the cost of--
                                    ``(I) rent;
                                    ``(II) security and utility 
                                deposits;
                                    ``(III) relocation expenses, 
                                including expenses incurred in 
                                relocating back to the major disaster 
                                area when such relocation is permitted; 
                                and
                                    ``(IV) such additional expenses as 
                                the Secretary determines necessary; and
                            ``(ii) shall be used by the Secretary--
                                    ``(I) for payments to public 
                                housing agencies, State or local 
                                government agencies, or other voucher 
                                administrators for vouchers used to 
                                assist individuals or families affected 
                                by the major disaster or emergency 
                                described in this paragraph up to their 
                                authorized level of vouchers, if any 
                                such vouchers are not otherwise funded; 
                                and
                                    ``(II) to provide operating 
                                subsidies to public housing agencies 
                                for public housing units provided to 
                                individuals or families affected by the 
                                major disaster or emergency described 
                                in this paragraph, if such a subsidy 
                                was not previously provided for those 
                                units.
                    ``(G) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(H) Nondiscrimination.--In selecting individuals 
                or families for tenancy, a landlord or owner may not 
                exclude or penalize an individual or family solely 
                because any portion of the rental payment of that 
                individual or family is provided under this paragraph.
                    ``(I) Termination of assistance.--Assistance 
                provided under this paragraph shall--
                            ``(i) terminate 6 months after the date on 
                        which such assistance was received; and
                            ``(ii) extend for an additional 6 months 
                        unless at that time the Secretary makes a 
                        determination that assistance under this 
                        paragraph is no longer needed.
            ``(21) Assistance for current voucher recipients affected 
        by hurricane katrina.--
                    ``(A) In general.--The Secretary shall waive any of 
                the requirements described in clauses (i) through (vi) 
                of paragraph (20)(E) for any individual or family 
                receiving assistance under this section on August 29, 
                2005, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Additional uses of funds.--Notwithstanding 
                any other provision of law, the Secretary shall 
                provide, as the Secretary determines appropriate, 
                supplemental assistance to an individual or family 
                receiving assistance under this section on August 29, 
                2005, and meeting the requirements described in 
                subparagraph (A), to assist the individual or family 
                with the additional costs of relocating to new housing, 
                including to cover--
                            ``(i) the additional cost of rent and 
                        utilities;
                            ``(ii) security and utility deposits;
                            ``(iii) relocation expenses, including 
                        expenses incurred in relocating back to the 
                        major disaster area when such relocation is 
                        permitted; and
                            ``(iv) such additional expenses as the 
                        Secretary determines necessary.
                    ``(C) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(D) Nondiscrimination.--A landlord or owner may 
                not exclude or penalize an individual or family solely 
                because that individual or family is eligible for any 
                waivers or benefits provided under this paragraph.
                    ``(E) Termination of authority.--The authority of 
                the Secretary to provide assistance under this 
                paragraph shall--
                            ``(i) apply during the 6-month period 
                        beginning on the date of enactment of the 
                        Helping to House the Victims of Hurricane 
                        Katrina Act of 2005; and
                            ``(ii) extend for an additional 6 months 
                        after that period, unless if at that time the 
                        Secretary makes a determination that assistance 
                        under this paragraph is no longer needed.
            ``(22) Authority of the secretary to directly administer 
        vouchers when pha's are unable to do so.--If the Secretary 
        determines that a public housing agency is unable to implement 
        the provisions of this subsection due to the effects of 
        Hurricane Katrina, the Secretary may--
                    ``(A) directly administer any voucher program 
                described in paragraphs (1) through (20); and
                    ``(B) perform the functions assigned to a public 
                housing agency by this subsection.''.
    (c) Report on Inventory of Availability of Temporary Housing.--Not 
later than 10 days after the date of enactment of this Act, the 
Secretary of Defense, the Administrator of the General Services 
Administration, the Secretary of Agriculture, and such other agency 
heads as the Secretary determines appropriate, shall compile and report 
to the Secretary an inventory of Federal civilian and defense 
facilities that can be used--
            (1) to provide emergency housing; or
            (2) as locations for the construction or deployment of 
        temporary housing units.
    (d) Appropriation of Funding.--
            (1) In general.--There are authorized to be appropriated 
        and are appropriated $3,500,000,000 to provide assistance under 
        this Act.
            (2) Emergency designation.--The amount appropriated under 
        paragraph (1) is designated as an emergency requirement 
        pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                           trade remedy laws

    Sec. 527. None of the funds appropriated or otherwise made 
available by this Act may be used in a manner that is inconsistent with 
the principle negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
            ``(1) to enforce vigorously its trade laws, including the 
        antidumping, countervailing duty, and safeguard laws;
            ``(2) to avoid agreements that--
                    ``(A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    ``(B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            ``(3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.''.

           waiver of licensing and certification requirements

    Sec. 528. Waiver of Licensing and Certification Requirements 
Applicable to Certain Health Professionals.--(a) In General.--
Notwithstanding any other provision of law, an eligible health 
professional may provide health-related services under the medicare, 
medicaid, or SCHIP program under title XVIII, XIX, or XXI of the Social 
Security Act (42 U.S.C. 1395 et seq., 1396 et seq., and 1397 et seq.) 
and under Indian Health Service programs, regardless of the licensing 
or certification laws of the State in which such services are being 
provided, during the 90-day period that begins on the date on which 
eligibility is determined by the State licensing board of the State in 
which such professional will provide health-related services under this 
subsection.
    (b) Eligible Health Professional.--To be eligible to provide 
health-related services in a State during the period referred to in 
subsection (a) without State licensure or certification, a health 
professional shall--
            (1) be a physician, nurse, dentist, pharmacist, mental 
        health professional, or allied health profession, or any other 
        professional determined appropriate by the Secretary of Health 
        and Human Services;
            (2) have a valid license from, or be certified in, at least 
        one of the States affected by Hurricane Katrina, as described 
        in subsection (d), and not be affirmatively barred from 
        practicing in that State;
            (3) have been evacuated from Louisiana or Mississippi as a 
        result of Hurricane Katrina; and
            (4) have applied, prior to March 31, 2006, for a license or 
        certification in the State in which such professional will 
        provide the health-related services under subsection (a) 
        without State licensure or certification.
    (c) Evidence of Licensure.--
            (1) In general.--A State may develop a process to verify 
        the licensing credentials of a health professional to which 
        this section applies if the professional has no official 
        evidence of licensure in his or her possession.
            (2) Fraud.--An individual who wilfully provides any false 
        or misleading information to a Federal, State, or local 
        official for purposes of being covered under the provisions of 
        this section shall, in addition to any State penalties that may 
        apply, be subject to a fine, as determined appropriate by the 
        Attorney General in accordance with title 18, United States 
        Code.
    (d) States Described.--The States described in this subsection are 
Louisiana and Mississippi.
    (e) Limitation.--A health professional may only elect to utilize 
the provisions of this section for a single 90-day period.
    (f) Rule of Construction.--Nothing in this section shall be 
construed as altering or affecting any procedures adopted by State 
health professional licensing or certification boards relating to 
waivers of licensing and certification requirements for health 
professionals affected by Hurricane Katrina.
    (g) Definition.--In this section, the term ``health-related 
services'', as such term is applied to health professional under this 
section, means services provided by a health professional that are 
consistent with the scope of practice of the professional in the State 
in which such professional is seeking licensure or certification.

                            disaster relief

    Sec. 529. Small Business, Homeowners, and Renters Disaster 
Relief.--(a) Disaster Loans.--Section 7(b) of the Small Business Act 
(15 U.S.C. 636(b)) is amended by inserting immediately after paragraph 
(3) the following:
            ``(4) Disaster loans after hurricane katrina.--
                    ``(A) Additional loan authority.--
                            ``(i) Loans to small businesses.--In 
                        addition to any other loan authorized by this 
                        subsection, the Administrator may make such 
                        loans under this subsection (either directly or 
                        in cooperation with banks or other lending 
                        institutions through agreements to participate 
                        on an immediate or deferred basis) as the 
                        Administrator determines appropriate to a small 
                        business concern or small agricultural 
                        cooperative that demonstrates a direct adverse 
                        economic impact caused by Hurricane Katrina, 
                        based on such criteria as the Administrator may 
                        set by rule, regulation, or order.
                            ``(ii) Loans to nonprofits.--In addition to 
                        any other loan authorized by this subsection, 
                        the Administrator may make such loans under 
                        this subsection (either directly or in 
                        cooperation with banks or other lending 
                        institutions through agreements to participate 
                        on an immediate or deferred basis) as the 
                        Administrator determines appropriate to a non-
                        profit organization for purposes of repairing 
                        damage caused by Hurricane Katrina or 
                        performing other hurricane relief services in a 
                        damaged area.
                    ``(B) Increased loan caps.--
                            ``(i) Aggregate loan amounts.--Except as 
                        provided in clause (ii), the aggregate loan 
                        amount outstanding and committed to a qualified 
                        borrower in a damaged area under this paragraph 
                        may not exceed $10,000,000.
                            ``(ii) Waiver authority.--The Administrator 
                        may, at the discretion of the Administrator, 
                        waive the aggregate loan amount established 
                        under clause (i).
                    ``(C) Deferment of disaster loan payments.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, payments of principal 
                        and interest on a loan to a qualified borrower 
                        located in a damaged area made under this 
                        subsection before, on, or after the date of 
                        enactment of this paragraph shall be deferred, 
                        and no interest shall accrue with respect to 
                        such loan, during the time period described in 
                        clause (ii).
                            ``(ii) Time period.--The time period for 
                        purposes of clause (i) shall be 1 year from the 
                        later of the date of enactment of this 
                        paragraph or the date of issuance of a loan 
                        described in clause (i), but may be extended to 
                        2 years from such date, at the discretion of 
                        the Administrator.
                            ``(iii) Resumption of payments.--At the end 
                        of the time period described in clause (ii), 
                        the payment of periodic installments of 
                        principal and interest shall be required with 
                        respect to such loan, in the same manner and 
                        subject to the same terms and conditions as 
                        would otherwise be applicable to any other loan 
                        made under this subsection.
                    ``(D) Definitions.--In this paragraph, the 
                following definitions shall apply:
                            ``(i) Damaged area.--The term `damaged 
                        area' means an area which the President has 
                        designated as a disaster area as a result of 
                        Hurricane Katrina of August 2005.
                            ``(ii) Qualified borrower.--The term 
                        `qualified borrower' means a small business 
                        concern or non-profit organization--
                                    ``(I) located in a damaged area; or
                                    ``(II) located in a State 
                                contiguous to a damaged area that is 
                                using, or intends to use, a loan made 
                                under this subsection for purposes of 
                                rebuilding or conducting operations in 
                                a damaged area.''.
    (b) Development Company Debentures.--Section 503 of the Small 
Business Investment Act of 1958 (15 U.S.C. 697) is amended by adding at 
the end the following:
    ``(j) Debentures After Hurricane Katrina.--
            ``(1) Authority.--
                    ``(A) In general.--In addition to any other 
                guarantee authorized by this section, the Administrator 
                may guarantee the timely payment of all principal and 
                interest as scheduled on any debenture issued for 
                purposes of rebuilding or resuming operations in a 
                damaged area, as the Administrator determines 
                appropriate.
                    ``(B) Terms.--The Administrator shall establish a 
                fee for a guarantee issued under subparagraph (A) that 
                is lower than that for other guarantees under this 
                section.
            ``(2) Existing guarantees.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Administrator may temporarily 
                defer payments of principal and interest on a guarantee 
                made under this section before the date of enactment of 
                this subsection to a small business concern in a 
                damaged area, in any case in which the payments are 
                owed to the Administration.
                    ``(B) Payments to other parties.--Notwithstanding 
                any other provision of law, the Administrator may 
                temporarily make payments of principal and interest on 
                a loan made under this section before the date of 
                enactment of this subsection to a small business 
                concern in a damaged area, in any case in which the 
                payments are owed to a person other than the 
                Administration.
                    ``(C) Termination of authority.--The authority to 
                defer, or make, payments under this paragraph shall 
                terminate 1 year after the date of enactment of this 
                subsection.
            ``(3) Definitions.--In this subsection, the following 
        definitions shall apply:
                    ``(A) Damaged area.--The term `damaged area' means 
                an area which the President has designated as a 
                disaster area as a result of Hurricane Katrina of 
                August 2005.
                    ``(B) Qualified borrower.--The term `qualified 
                borrower' means a small business concern--
                            ``(i) located in a damaged area; or
                            ``(ii) that demonstrates a direct adverse 
                        economic impact caused by Hurricane Katrina, 
                        based on such criteria as the Administrator may 
                        set by rule, regulation, or order.''.
    (c) Small Business Emergency Relief.--
            (1) Definitions.--As used in this subsection--
                    (A) the term ``small business concern'' has the 
                same meaning as in section 3 of the Small Business Act; 
                and
                    (B) the terms ``Administration'' and 
                ``Administrator'' mean the Small Business 
                Administration and the Administrator thereof, 
                respectively.
            (2) Business loan programs.--Section 20(e) of the Small 
        Business Act (15 U.S.C. 631 note) is amended--
                    (A) by striking ``$25,050,000,000'' and inserting 
                ``$30,550,000,000''; and
                    (B) in paragraph (1)(B)--
                            (i) by striking ``$17,000,000,000'' and 
                        inserting ``$20,000,000,000'';
                            (ii) by striking ``$7,500,000,000'' and 
                        inserting ``$10,000,000,000''; and
                    (C) by striking ``25,050,000,000'' and inserting 
                ``30,550,000,000''.
            (3) Grants to states damaged by hurricane katrina.--There 
        is authorized to be appropriated, and there is appropriated, to 
        the Department of Commerce $400,000,000 to provide, through 
        appropriate government agencies in Louisiana, Alabama, 
        Mississippi, Texas, and Florida, to provide bridge grants and 
        loans to small business concerns located in the area which the 
        President has designated as a disaster area as a result of 
        Hurricane Katrina, to assist in covering costs of such concerns 
        until they are able to obtain loans through Administration 
        assistance programs or other sources.
            (4) Disaster loan additional amounts.--In addition to any 
        other amounts otherwise appropriated for such purpose, there is 
        authorized to be appropriated, and there is appropriated, to 
        the Administration $86,000,000, to make loans under section 
        7(b) of the Small Business Act.
            (5) Other disaster loans following hurricane katrina.--
                    (A) In general.--Paragraph (4) of section 7(b) of 
                the Small Business Act (15 U.S.C. 636(b)), as added by 
                this Act, is amended by adding at the end the 
                following:
                    ``(E) Refinancing disaster loans after hurricane 
                katrina.--
                            ``(i) In general.--Any loan made under this 
                        subsection that was outstanding as to principal 
                        or interest on August 24, 2005, may be 
                        refinanced by a small business concern that is 
                        located in an area designated by the President 
                        as a disaster area as a result of Hurricane 
                        Katrina of 2005 (in this paragraph referred to 
                        as the `disaster area'), and the refinanced 
                        amount shall be considered to be part of the 
                        new loan for purposes of this subparagraph.
                            ``(ii) No effect on eligibility.--A 
                        refinancing under clause (i) by a small 
                        business concern shall be in addition to any 
                        other loan eligibility for that small business 
                        concern under this Act.
                    ``(F) Refinancing business debt.--
                            ``(i) In general.--Any business debt of a 
                        small business concern that was outstanding as 
                        to principal or interest on August 24, 2005, 
                        may be refinanced by the small business concern 
                        if it is located in the disaster area. With 
                        respect to a refinancing under this clause, 
                        payments of principal shall be deferred, and 
                        interest may accrue, during the 1-year period 
                        following the date of refinancing, and the 
                        refinanced amount shall be considered to be 
                        part of a new loan for purposes of this 
                        subparagraph.
                            ``(ii) Resumption of payments.--At the end 
                        of the 1-year period described in clause (i), 
                        the payment of periodic installments of 
                        principal and interest shall be required with 
                        respect to such loan, in the same manner and 
                        subject to the same terms and conditions as 
                        would otherwise be applicable to any other loan 
                        made under this subsection.
                    ``(G) Terms.--A loan under subparagraph (E) or (F) 
                shall be made at the same interest rate as economic 
                injury loans under paragraph (2).
                    ``(H) Extended application period.--Notwithstanding 
                any other provision of law, the Administrator shall 
                accept applications for assistance under paragraphs (1) 
                and (4) until one year after the date on which the 
                President designated the area as a disaster area as a 
                result of Hurricane Katrina.
                    ``(I) No sale.--No loan under this subsection made 
                as a result of Hurricane Katrina may be sold.''.
                    (B) Clerical amendments.--Section 7(b) of the Small 
                Business Act (15 U.S.C. 636(b)) is amended in the 
                undesignated matter at the end--
                            (i) by striking ``, (2), and (4)'' and 
                        inserting ``and (2)''; and
                            (ii) by striking ``, (2), or (4)'' and 
                        inserting ``(2)''.
    (d) Entrepreneurial Development.--In addition to any other amounts 
authorized for any fiscal year, there are authorized to be 
appropriated, and there is appropriated, to the Administration, to 
remain available until expended, for fiscal year 2006--
            (1) $21,000,000, to be used for activities of small 
        business development centers pursuant to section 21 of the 
        Small Business Act, $15,000,000 of which shall be non-matching 
        funds and used to aid and assist small business concerns 
        affected by Hurricane Katrina;
            (2) $2,000,000, to be used for the SCORE program authorized 
        by section 8(b)(1) of the Small Business Act, for the 
        activities described in section 8(b)(1)(B)(ii) of that Act, 
        $1,000,000 of which shall be used to aid and assist small 
        business concerns affected by Hurricane Katrina;
            (3) $4,500,000, to be used for activities of women's 
        business centers authorized by section 29(b) of the Small 
        Business Act and for recipients of a grant under section 29(l) 
        of that Act, $2,500,000 of which shall be non-matching funds 
        used to aid and assist small business concerns affected by 
        Hurricane Katrina, which may also be made available to a 
        women's business center whose 5-year project ended in fiscal 
        year 2004;
            (4) $1,250,000, to be used for activities of the office of 
        veteran's business development pursuant to section 32 of the 
        Small Business Act, $750,000 of which shall be used to aid and 
        assist small business concerns affected by Hurricane Katrina; 
        and
            (5) $5,000,000, to be used for activities of the microloan 
        program authorized by clauses (ii) and (iii) of section 
        7(m)(1)(G) of the Small Business Act to aid and assist small 
        business concerns adversely affected by Hurricane Katrina.
    (e) Small Business Development Centers.--Section 21(a)(4) of the 
Small Business Act (15 U.S.C. 648(a)(4)) is amended by adding at the 
end the following:
                    ``(D) Fiscal years 2005 and 2006.--For fiscal years 
                2005 and 2006, the Administrator has the authority to 
                waive the maximum amount of $100,000 for grants under 
                paragraph (C)(viii) for small business development 
                centers assisting small business concerns adversely 
                affected by Hurricane Katrina.''.
    (f) HUBZones.--Section 3(p)(1) of the Small Business Act (15 U.S.C. 
632(p)(1)) is amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) the Hurricane Katrina disaster area, as 
                designated by the Administrator.''.
    (g) Outreach Programs.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Small Business 
        Administration shall establish a contracting outreach and 
        technical assistance program for small business concerns which 
        have had a primary place of business in, or other significant 
        presence in the Hurricane Katrina disaster area at any time 
        following the 60 days prior to the designation of such area by 
        the Administrator.
            (2) Administrator action.--The Administrator may fulfill 
        the requirement of paragraph (1) by acting through--
                    (A) the Small Business Administration;
                    (B) the Federal agency small business officials 
                designated under Section 15(k)(1) of the Small Business 
                Act (15 U.S.C. 644(k)(1)); and
                    (C) any Federal, State, or local government entity, 
                higher education institution, or private nonprofit 
                organization that the Administrator may deem proper, 
                upon conclusion of a memorandum of understanding or 
                assistance agreement, as appropriate, with the 
                Administrator.
    (h) Small Business Bonding Threshold.--Notwithstanding any other 
provision of law, for all procurements related to Hurricane Katrina, 
the Administrator may, upon such terms and conditions as it may 
prescribe, guarantee and enter into commitments to guarantee any surety 
against loss resulting from a breach of the terms of a bid bond, 
payment bond, performance bond, or bonds ancillary thereto, by a 
principal on any total work order or contract amount at the time of 
bond execution that does not exceed $10,000,000.
    (i) Supplemental Emergency Loans.--
            (1) In general.--Section 7(a) of the Small Business Act (15 
        U.S.C. 636(a)) is amended by adding at the end the following:
            ``(32) Supplemental emergency loans after hurricane 
        katrina.--
                    ``(A) Loan authority.--In addition to any other 
                loan authorized by this subsection, the Administrator 
                shall make such loans under this subsection (either 
                directly or in cooperation with banks or other lending 
                institutions through agreements to participate on an 
                immediate or deferred basis) as the Administrator 
                determines appropriate to a small business concern 
                adversely affected by Hurricane Katrina, subject to 
                subparagraph (B).
                    ``(B) Oversight protections.--In making any loan 
                under subparagraph (A)--
                            ``(i) the borrower shall be made aware that 
                        such loans are for those adversely affected by 
                        Hurricane Katrina; and
                            ``(ii) for loans made in cooperation with a 
                        bank or other lending institution--
                                    ``(I) lenders shall document for 
                                the Administrator how the borrower was 
                                adversely affected by Hurricane 
                                Katrina, whether directly, or 
                                indirectly; and
                                    ``(II) not later than 6 months 
                                after the date of enactment of this 
                                paragraph, and every 6 months 
                                thereafter until the date that is 18 
                                months after the date of enactment of 
                                this paragraph, the Comptroller General 
                                shall make a report regarding such 
                                loans to the Committee on Small 
                                Business and Entrepreneurship of the 
                                Senate and the Committee on Small 
                                Business of the House of 
                                Representatives, including verification 
                                that such loans are being used for 
                                purposes authorized by this paragraph.
                    ``(C) Fees.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the Administrator 
                        shall, in lieu of the fee established under 
                        paragraph (23)(A), collect an annual fee of 
                        0.25 percent of the outstanding balance of 
                        deferred participation loans made under this 
                        subsection to qualified borrowers for a period 
                        of 1 year after the date of enactment of this 
                        paragraph.
                            ``(ii) Guarantee fees.--Notwithstanding any 
                        other provision of law, the guarantee fee under 
                        paragraph (18)(A) for a period of 1 year after 
                        the date of enactment of this subparagraph 
                        shall be as follows:
                                    ``(I) A guarantee fee equal to 1 
                                percent of the deferred participation 
                                share of a total loan amount that is 
                                not more than $150,000.
                                    ``(II) A guarantee fee equal to 2.5 
                                percent of the deferred participation 
                                share of a total loan amount that is 
                                more than $150,000, but not more than 
                                $700,000.
                                    ``(III) A guarantee fee equal to 
                                3.5 percent of the deferred 
                                participation share of a total loan 
                                amount that is more than $700,000.''.
            (2) Appropriation.--There is authorized to be appropriated, 
        and there is appropriated, $75,000,000 to carry out the 
        amendment made by paragraph (1).
    (j) Small Business Participation.--In order to facilitate the 
maximum practicable participation of small business concerns in 
activities related to relief and recovery from Hurricane Katrina, the 
Administrator and the head of any Federal agency making procurements 
related to the aftermath of Hurricane Katrina, shall set a goal, to be 
met within a reasonable time, of awarding to small business concerns 
not less than 30 percent of amounts expended for prime contracts and 
not less than 40 percent of amounts expended for subcontracts on 
procurements such agency related to the aftermath of Hurricane Katrina.
    (k) Energy Emergency Relief.--
            (1) Small business and farm energy emergency disaster loan 
        program.--
                    (A) Small business disaster loan authority.--
                Section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)) is amended by inserting after paragraph (4), as 
                added by this Act, the following:
            ``(5)(A) For purposes of this paragraph--
                    ``(i) the term `base price index' means the moving 
                average of the closing unit price on the New York 
                Mercantile Exchange for heating oil, natural gas, 
                gasoline, or propane for the 10 days, in each of the 
                most recent 2 preceding years, which correspond to the 
                trading days described in clause (ii);
                    ``(ii) the term `current price index' means the 
                moving average of the closing unit price on the New 
                York Mercantile Exchange, for the 10 most recent 
                trading days, for contracts to purchase heating oil, 
                natural gas, gasoline, or propane during the subsequent 
                calendar month, commonly known as the `front month';
                    ``(iii) the term `significant increase' means--
                            ``(I) with respect to the price of heating 
                        oil, natural gas, gasoline, or propane, any 
                        time the current price index exceeds the base 
                        price index by not less than 40 percent; and
                            ``(II) with respect to the price of 
                        kerosene, any increase which the Administrator, 
                        in consultation with the Secretary of Energy, 
                        determines to be significant; and
                    ``(iv) a small business concern engaged in the 
                heating oil business is eligible for a loan, if the 
                small business concern sells not more than 10,000,000 
                gallons of heating oil per year.
            ``(B) The Administration may make such loans, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an immediate 
        or deferred basis, to assist a small business concern that has 
        suffered or that is likely to suffer substantial economic 
        injury on or after January 1, 2005, as the result of a 
        significant increase in the price of heating oil, natural gas, 
        gasoline, propane, or kerosene occurring on or after January 1, 
        2005.
            ``(C) Any loan or guarantee extended pursuant to this 
        paragraph shall be made at the same interest rate as economic 
        injury loans under paragraph (2).
            ``(D) No loan may be made under this paragraph, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an immediate 
        or deferred basis, if the total amount outstanding and 
        committed to the borrower under this subsection would exceed 
        $1,500,000, unless such borrower constitutes a major source of 
        employment in its surrounding area, as determined by the 
        Administration, in which case the Administration, in its 
        discretion, may waive the $1,500,000 limitation.
            ``(E) For purposes of assistance under this paragraph--
                    ``(i) a declaration of a disaster area based on 
                conditions specified in this paragraph shall be 
                required, and shall be made by the President or the 
                Administrator; or
                    ``(ii) if no declaration has been made pursuant to 
                clause (i), the Governor of a State in which a 
                significant increase in the price of heating oil, 
                natural gas, gasoline, propane, or kerosene has 
                occurred may certify to the Administration that small 
                business concerns have suffered economic injury as a 
                result of such increase and are in need of financial 
                assistance which is not otherwise available on 
                reasonable terms in that State, and upon receipt of 
                such certification, the Administration may make such 
                loans as would have been available under this paragraph 
                if a disaster declaration had been issued.
            ``(F) Notwithstanding any other provision of law, loans 
        made under this paragraph may be used by a small business 
        concern described in subparagraph (B) to convert from the use 
        of heating oil, natural gas, gasoline, propane, or kerosene to 
        a renewable or alternative energy source, including agriculture 
        and urban waste, geothermal energy, cogeneration, solar energy, 
        wind energy, or fuel cells.''.
                    (B) Conforming amendments.--Section 3(k) of the 
                Small Business Act (15 U.S.C. 632(k)) is amended--
                            (i) by inserting ``, significant increase 
                        in the price of heating oil, natural gas, 
                        gasoline, propane, or kerosene'' after ``civil 
                        disorders''; and
                            (ii) by inserting ``other'' before 
                        ``economic''.
                    (C) Report.--Not later than 12 months after the 
                date on which the Administrator of the Small Business 
                Administration issues guidelines under paragraph 
                (3)(A), and annually thereafter, the Administrator 
                shall submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives, a 
                report on the effectiveness of the assistance made 
                available under section 7(b)(5) of the Small Business 
                Act, as added by this subsection, including--
                            (i) the number of small business concerns 
                        that applied for a loan under that section 
                        7(b)(5) and the number of those that received 
                        such loans;
                            (ii) the dollar value of those loans;
                            (iii) the States in which the small 
                        business concerns that received such loans are 
                        located;
                            (iv) the type of energy that caused the 
                        significant increase in the cost for the 
                        participating small business concerns; and
                            (v) recommendations for ways to improve the 
                        assistance provided under that section 7(b)(5), 
                        if any.
                    (D) Effective date.--The amendments made by this 
                paragraph shall apply during the 4-year period 
                beginning on the earlier of the date on which 
                guidelines are published by the Administrator of the 
                Small Business Administration under paragraph (3), or 
                30 days after the date of enactment of this Act, with 
                respect to assistance under section 7(b)(5) of the 
                Small Business Act, as added by this paragraph.
            (2) Farm energy emergency relief.--
                    (A) In general.--Section 321(a) of the Consolidated 
                Farm and Rural Development Act (7 U.S.C. 1961(a)) is 
                amended--
                            (i) in the first sentence--
                                    (I) by striking ``operations have'' 
                                and inserting ``operations (i) have''; 
                                and
                                    (II) by inserting before ``: 
                                Provided,'' the following: ``, or 
                                (ii)(I) are owned or operated by such 
                                an applicant that is also a small 
                                business concern (as defined in section 
                                3 of the Small Business Act (15 U.S.C. 
                                632)), and (II) have suffered or are 
                                likely to suffer substantial economic 
                                injury on or after January 1, 2005, as 
                                the result of a significant increase in 
                                energy costs or input costs from energy 
                                sources occurring on or after January 
                                1, 2005, in connection with an energy 
                                emergency declared by the President or 
                                the Secretary'';
                            (ii) in the third sentence, by inserting 
                        before the period at the end the following: 
                        ``or by an energy emergency declared by the 
                        President or the Secretary''; and
                            (iii) in the fourth sentence--
                                    (I) by inserting ``or energy 
                                emergency'' after ``natural disaster'' 
                                each place that term appears; and
                                    (II) by inserting ``or 
                                declaration'' after ``emergency 
                                designation''.
                    (B) Funding.--Funds available on the date of 
                enactment of this Act for emergency loans under 
                subtitle C of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1961 et seq.) shall be 
                available to carry out the amendments made by 
                subparagraph (A) to meet the needs resulting from 
                natural disasters.
                    (C) Report.--Not later than 12 months after the 
                date on which the Secretary of Agriculture issues 
                guidelines under paragraph (3)(A), and annually 
                thereafter, the Secretary shall submit to the Committee 
                on Small Business and Entrepreneurship and the 
                Committee on Agriculture, Nutrition, and Forestry of 
                the Senate and to the Committee on Small Business and 
                the Committee on Agriculture of the House of 
                Representatives, a report that--
                            (i) describes the effectiveness of the 
                        assistance made available under section 321(a) 
                        of the Consolidated Farm and Rural Development 
                        Act (7 U.S.C. 1961(a)), as amended by this 
                        section; and
                            (ii) contains recommendations for ways to 
                        improve the assistance provided under such 
                        section 321(a).
                    (D) Effective date.--The amendments made by this 
                paragraph shall apply during the 4-year period 
                beginning on the earlier of the date on which 
                guidelines are published by the Secretary of 
                Agriculture under paragraph (3), or 30 days after the 
                date of enactment of this Act, with respect to 
                assistance under section 321(a) of the Consolidated 
                Farm and Rural Development Act (7 U.S.C. 1961(a)), as 
                amended by this paragraph.
            (3) Guidelines and rulemaking.--
                    (A) Guidelines.--Not later than 30 days after the 
                date of enactment of this Act, the Administrator of the 
                Small Business Administration and the Secretary of 
                Agriculture shall each issue guidelines to carry out 
                paragraphs (1) and (2), respectively, and the 
                amendments made thereby, which guidelines shall become 
                effective on the date of their issuance.
                    (B) Rulemaking.--Not later than 30 days after the 
                date of enactment of this Act, the Administrator of the 
                Small Business Administration, after consultation with 
                the Secretary of Energy, shall promulgate regulations 
                specifying the method for determining a significant 
                increase in the price of kerosene under section 
                7(b)(5)(A)(iii)(II) of the Small Business Act, as added 
                by this Act.
    (l) Budgetary Treatment of Loans and Financings.--
            (1) In general.--Assistance made available under any loan 
        made or approved by the Administration under this section, 
        subsections (a) or (b) of section 7 of the Small Business Act 
        (15 U.S.C. 636(a)), as amended by this section, except for 
        subsection 7(a)(23)(C), or financings made under title V of the 
        Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), 
        as amended by this section, on and after the date of enactment 
        of this Act, shall be treated as separate programs of the Small 
        Business Administration for purposes of the Federal Credit 
        Reform Act of 1990 only.
            (2) Use of funds.--Assistance under this section and the 
        amendments made by this section shall be available effective 
        only to the extent that funds are made available under 
        appropriations Acts, which funds shall be utilized to offset 
        the cost (as such term is defined in section 502 of the Federal 
        Credit Reform Act of 1990) of such assistance.
    (m) Emergency Spending.--Appropriations under this section are 
designated as emergency spending, as provided under section 402 of H. 
Con. Res. 95 (109th Congress).

                           antideficiency act

    Sec. 530. Extension of Universal Service Fund Exemption From the 
Antideficiency Act.
    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,''.

                          small business fees

    Sec. 531. Small Business Fees.
    (a) Fees.--Section 7(a)(23) of the Small Business Act (15 U.S.C. 
636(a)(23)) is amended by striking subparagraph (C) and inserting the 
following:
                    ``(C) Lowering of fees.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii)--
                                    ``(I) the Administrator may reduce 
                                fees paid by small business borrowers 
                                and lenders under clauses (i) through 
                                (iv) of paragraph (18)(A) and 
                                subparagraph (A) of this paragraph; and
                                    ``(II) fees paid by small business 
                                borrowers and lenders shall not be 
                                increased above the levels in effect on 
                                the date of enactment of the 
                                Consolidated Appropriations Act, 2005.
                            ``(ii) Determinations.--A reduction in fees 
                        under clause (i) shall occur in any case in 
                        which the fees paid by all small business 
                        borrowers and by lenders for guarantees under 
                        this subsection, or the sum of such fees plus 
                        any amount appropriated to carry out this 
                        subsection, as applicable, is more than the 
                        amount necessary to equal the cost to the 
                        Administration of making such guarantees.''
    Sec. 532. None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-
        Morocco Free Trade Agreement.

                         TITLE VI--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                         counterterrorism fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$11,000,000 are rescinded.

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$82,000,000 are rescinded.

                    Federal Bureau of Investigation

                         salaries and expenses

                              (rescission)

    Of the unobligated balances available under this heading, 
$103,502,000 are rescinded; of which $30,000,000 shall be from funding 
for J. Edgar Hoover Federal Bureau of Investigation Building tours; and 
of which $73,502,000 shall be from funding for the Federal Bureau of 
Investigation's failed computer modernization program.

                      TITLE VII--METHAMPHETAMINES

SECTION 701. SHORT TITLE.

    This title may be cited as the ``Combat Meth Act of 2005''.

          Subtitle A--Amendments to Controlled Substances Act

SEC. 710. PSEUDOEPHEDRINE AND EPHEDRINE AMENDMENTS TO CONTROLLED 
              SUBSTANCES ACT.

    (a) Addition of Pseudoephedrine and Ephedrine to Schedule V.--The 
matter under schedule V in section 202(c) of the Controlled Substances 
Act (21 U.S.C. 812(c)) is amended by adding at the end the following:
            ``(6) Any detectable quantity of pseudoephedrine or 
        ephedrine, their salts or optical isomers, or salts of optical 
        isomers.''.
    (b) Prescriptions.--Section 309(c) of the Controlled Substances Act 
(21 U.S.C. 829(c)) is amended--
            (1) by striking ``No controlled substance'' and inserting 
        the following:
            ``(1) In general.--No controlled substance''; and
            (2) by adding at the end the following:
            ``(2) Retail distributors and pharmacies.--If a controlled 
        substance described in paragraph (6) of schedule V is dispensed 
        or sold at retail by a retail distributor or a pharmacy, the 
        retail distributor or pharmacy shall ensure the following:
                    ``(A) Qualifications of dispenser.--The substance 
                shall be dispensed or sold at retail only by 
                practitioner, pharmacist, or an individual under the 
                supervision of a pharmacist as permitted by the State.
                    ``(B) Requirements for purchaser.--Any person 
                purchasing, receiving, or otherwise acquiring any such 
                substance shall, prior to taking possession--
                            ``(i) provide an approved Federal or State-
                        issued photo identification or an alternative 
                        form of identification authorized by the 
                        Attorney General; and
                            ``(ii) sign or make an entry in a written 
                        or electronic log that conforms with the 
                        regulations under paragraph (4) documenting--
                                    ``(I) the date of the transaction;
                                    ``(II) the name of the person; and
                                    ``(III) the name and the amount of 
                                the controlled substance described in 
                                paragraph (6) of schedule V purchased, 
                                received, or otherwise acquired.
                    ``(C) Limitation on amount of purchase.--No person 
                shall purchase, receive, or otherwise acquire more than 
                7.5 grams of a controlled substance described in 
                paragraph (6) of schedule V within any 30-day period.
            ``(3) Exemptions.--
                    ``(A) In general.--The Attorney General, by rule, 
                may exempt a product from paragraph (6) of schedule V 
                if the Attorney General determines that the product 
                cannot be used in the illegal manufacture of 
                methamphetamine or any other controlled dangerous 
                substance.
                    ``(B) Different formulation.--
                            ``(i) In general.--The Attorney General, 
                        upon the application of a manufacturer of a 
                        drug product, may exempt a product from 
                        paragraph (6) of schedule V if the Attorney 
                        General determines that the product has been 
                        formulated in such a way as to effectively 
                        prevent the conversion of the active ingredient 
                        into methamphetamine.
                            ``(ii) Sense of congress.--It is the sense 
                        of Congress that the Secretary of Health and 
                        Human Services should consider a product under 
                        clause (i) to be subject to the performance 
                        goals established by the Commissioner of Food 
                        and Drugs for priority drugs.
                    ``(C) Special exceptions.--The Attorney General, by 
                rule, may authorize the sale of a controlled substance 
                described in paragraph (6) of schedule V by persons 
                other than a practitioner, and at a location other than 
                a pharmacy if--
                            ``(i) the Attorney General--
                                    ``(I) determines that the retail 
                                facility is located within a commercial 
                                service airport, and sells the 
                                substance packaged in liquid and liquid 
                                filled gelcaps only, each single sales 
                                package containing not more than 360 
                                mg, per person, in a 24 hour period; or
                                    ``(II) has issued an alternate 
                                place of sale license to the retail 
                                location and has issued an alternate 
                                dispenser license to the person 
                                authorized to make the sale under 
                                subsections (i) and (j) of section 303, 
                                respectively;
                            ``(ii) the person dispensing the controlled 
                        substance described in paragraph (6) of 
                        schedule V follows the procedures set forth in 
                        this Act; and
                            ``(iii) the person authorized under section 
                        303(i) dispensing the controlled substance 
                        described in paragraph (6) of schedule V 
                        provides notification, in writing, of the 
                        intention to dispense such substance pursuant 
                        to a special exception under this subparagraph 
                        to each State and local law enforcement 
                        authority with jurisdiction to investigate 
                        crimes involving controlled substances at such 
                        location.
                    ``(D) Prescriptions.--The limit described in 
                paragraph (2)(C) shall not apply to any quantity of 
                such substance dispensed under a valid prescription.
            ``(4) Regulations.--
                    ``(A) Rules for logs.--
                            ``(i) In general.--The Attorney General 
                        shall promulgate rules and regulations--
                                    ``(I) prescribing the content and 
                                format of the log required in paragraph 
                                (2)(B)(ii);
                                    ``(II) establishing the manner in 
                                which the information in the log 
                                required in paragraph (2)(B)(ii) shall 
                                be reported to law enforcement 
                                authorities; and
                                    ``(III) prohibiting accessing, 
                                using, or sharing the information in 
                                the log for any purpose other than to 
                                ensure compliance with this Act or to 
                                facilitate a product recall necessary 
                                to protect public health and safety.
                            ``(ii) Misrepresentation warning.--The 
                        rules and regulations under clause (i) shall 
                        require that the log explain the potential 
                        consequences of false statements or 
                        misrepresentations, including requiring that 
                        the following statement is prominently 
                        presented: `NOTE: PENALTY FOR MISREPRESENTATION 
                        - Any misrepresentation (by omission or 
                        concealment, or by misleading, false, or 
                        partial answers may result in prosecution 
                        pursuant to section 1001 of title 18, United 
                        States Code, which makes it a criminal offense, 
                        punishable by a maximum of 5 years 
                        imprisonment, $10,000 fine, or both, knowingly 
                        and willfully to make a false statement or 
                        representation to any Department or Agency of 
                        the United States as to any matter within the 
                        jurisdiction of any Department or Agency of the 
                        United States.'
                    ``(B) Alternate identification.--The Attorney 
                General shall promulgate rules and regulations 
                authorizing the acceptance of an alternate form of 
                identification under paragraph (2)(B)(i) to be used 
                electronically.
            ``(5) Good faith protection.--A retailer who in good faith 
        releases information maintained under this subsection for 
        purposes of compliance with this Act to a law enforcement or 
        regulatory authority established pursuant to Federal or State 
        law is immune from civil liability unless the release 
        constitutes gross negligence or intentional, wanton, or willful 
        misconduct.''.
    (c) Alternate Place of Sales and Dispensers.--Section 303 of the 
Controlled Substances Act (21 U.S.C. 823) is amended by adding at the 
end the following:
    ``(i) Alternate Place of Sales Licenses.--
            ``(1) In general.--The Attorney General shall register an 
        applicant to dispense a controlled substance described in 
        paragraph (6) of schedule V at a location other than a pharmacy 
        if the Attorney General determines that such registration is 
        consistent with the public interest.
            ``(2) Considerations.--In determining the public interest, 
        the Attorney General shall consider--
                    ``(A) the applicant's maintenance of effective 
                controls against diversion of the controlled substance 
                described in paragraph (6) of schedule V into other 
                than legitimate channels equivalent to that of a 
                pharmacy;
                    ``(B) the applicant's compliance with applicable 
                State and local law, including holding a valid license 
                issued by an appropriate State authority evidencing 
                compliance with subparagraph (A);
                    ``(C) the applicant's prior conviction record under 
                Federal and State laws; and
                    ``(D) such other factors as may be relevant to and 
                consistent with the public health and safety, including 
                accessibility to rural consumers.
            ``(3) State licenses.--If an applicant under paragraph (1) 
        does not have a valid State license as described in paragraph 
        (2)(B), the Attorney General shall not register the applicant 
        for a license under this subsection.
    ``(j) Alternate Dispenser Licenses.--
            ``(1) In general.--The Attorney General shall register an 
        applicant, other than a practitioner, to dispense a controlled 
        substance described in paragraph (6) of schedule V at a 
        location other than a pharmacy if the Attorney General 
        determines that such registration is consistent with the public 
        interest.
            ``(2) Considerations.--In determining the public interest, 
        the Attorney General shall consider--
                    ``(A) the applicant's compliance with applicable 
                State and local law, including holding a license issued 
                by an appropriate State authority evidencing a degree 
                of suitability to dispense the controlled substance 
                described in paragraph (6) of schedule V equivalent to 
                that of a practitioner;
                    ``(B) the applicant's prior conviction record under 
                Federal and State laws; and
                    ``(C) such other factors as may be relevant to and 
                consistent with the public health and safety, including 
                accessibility to rural consumers.
            ``(3) State licenses.--If an applicant under paragraph (1) 
        does not have a valid State license as described in paragraph 
        (2)(B), the Attorney General shall not register the applicant 
        for a license under this subsection.''.
    (d) Theft Prevention.--Notwithstanding paragraph (6) of schedule V 
of section 202 of the Controlled Substances Act (21 U.S.C. 812), as 
added by subsection (a), persons registered with the Drug Enforcement 
Administration to manufacture or distribute controlled substances shall 
maintain adequate security and provide effective controls and 
procedures to guard against theft and diversion, but shall not 
otherwise be required to meet the meet the storage, reporting, 
recordkeeping, or physical security control requirements (such as a 
cage or vault) for controlled substances in schedule V containing 
pseudoephedrine or ephedrine.
    (e) State Penalties and Pediatric Products.--Nothing in this Act 
shall be construed to--
            (1) prevent a State or political subdivision of a State 
        from adopting and enforcing penalties that are different from, 
        in addition to, or otherwise not identical with, the penalties 
        that apply under the Controlled Substances Act (28 U.S.C. 801 
        et seq.); or
            (2) prevent a State or political subdivision of a State 
        from permitting the sale of pediatric products containing 
        pseudoephedrine or ephedrine, their salts or optical isomers, 
        or salts of optical isomers where the pediatric product--
                    (A) is primarily intended for administration, 
                according to label instructions, to children under 12 
                years of age and either--
                            (i) in solid dosage form, individual dosage 
                        units do not exceed 15 milligrams of ephedrine 
                        or pseudoephedrine; or
                            (ii) in liquid form, recommended dosage 
                        units, according to label instructions, do not 
                        exceed 15 milligrams of ephedrine or 
                        pseudoephedrine per 5 milliliters of liquid 
                        product; or
                    (B) is in liquid form--
                            (i) primarily intended for administration 
                        to children under 2 years of age;
                            (ii) the recommended dosage of which does 
                        not exceed 2 milliliters; and
                            (iii) the total package content is not more 
                        than 1 fluid ounce.
    (f) Effective Dates.--
            (1) Only active ingredient.--This section and the 
        amendments made by this section shall take effect with regard 
        to any substance in which ephedrine or pseudoephedrine is the 
        only active ingredient 90 days after the date of enactment of 
        this Act.
            (2) Other products.--This section and the amendments made 
        by this section shall take effect with regard to any substance 
        other than a substance described in paragraph (1) on January 1, 
        2007.

SEC. 711. EMPLOYER SCREENING OF EMPLOYEES WORKING WITH CONTROLLED 
              SUBSTANCES.

    Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is 
amended by adding at the end the following:

                       ``applicants and employees

    ``Sec. 311. Persons registered with the Drug Enforcement 
Administration to manufacture, deliver, distribute, or dispense 
controlled substances shall take reasonable steps to guard against 
hiring persons who may, as a result of their employment, have access to 
and become involved in the theft and diversion of controlled 
substances, including, notwithstanding State law, asking applicants for 
employment whether they have been convicted of any crime involving or 
related to controlled substances.''.

            Subtitle B--Education, Prevention, and Treatment

SEC. 721. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.

    Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25) 
is amended--
            (1) in subsection (b), by inserting after paragraph (8) the 
        following:
            ``(9) Development of drug endangered children rapid 
        response teams that will intervene on behalf of children 
        exposed to methamphetamine as a result of residing or being 
        present in a home-based clandestine drug laboratory.''; and
            (2) in subsection (o)--
                    (A) by striking ``For the purpose'' and inserting 
                the following:
            ``(1) In general.--For the purpose''; and
                    (B) by adding at the end the following:
            ``(2) Drug endangered children rapid response teams.--There 
        are authorized to be appropriated $2,500,000 for each of the 
        fiscal years 2006 and 2007 to carry out the provisions of 
        subsection (b)(9).''.

SEC. 722. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND 
              RELATED CONDITIONS.

    Subpart 1 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended--
            (1) by redesignating section 514 that relates to 
        methamphetamine and appears after section 514A as section 514B;
            (2) in section 514B, as redesignated--
                    (A) by amending subsection (a)(1) to read as 
                follows:
            ``(1) Grants authorized.--The Secretary may award grants to 
        States, political subdivisions of States, American Indian 
        Tribes, and private, nonprofit entities to provide treatment 
        for methamphetamine abuse.'';
                    (B) by amending subsection (b) to read as follows:
    ``(b) Priority for High Need States.--In awarding grants under 
subsection (a), the Secretary shall give priority to entities that will 
serve rural or urban areas experiencing an increase in methamphetamine 
abuse in States with addiction rates in excess of the national rate.''; 
and
                    (C) in subsection (d)(1), by striking ``2000'' and 
                all that follows and inserting ``2005 and such sums as 
                may be necessary for each of fiscal years 2006 through 
                2009''; and
            (3) by inserting after section 514B, as redesignated, the 
        following:

``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL 
              ASSISTANCE CENTER.

    ``(a) Program Authorized.--The Secretary, acting through the 
Administrator, and in consultation with the Director of the National 
Institutes of Health, shall award grants to, or enter into contracts 
with, public or private, nonprofit entities to establish a research, 
training, and technical assistance center to carry out the activities 
described in subsection (d).
    ``(b) Application.--A public or private, nonprofit entity seeking a 
grant or contract under subsection (a) shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Condition.--In awarding grants or entering into contracts 
under subsection (a), the Secretary shall ensure that not less than 1 
of the centers will focus on methamphetamine abuse in rural areas.
    ``(d) Authorized Activities.--Each center established under this 
section shall--
            ``(1) engage in research and evaluation of the 
        effectiveness of treatment modalities for the treatment of 
        methamphetamine abuse;
            ``(2) disseminate information to public and private 
        entities on effective treatments for methamphetamine abuse;
            ``(3) provide direct technical assistance to States, 
        political subdivisions of States, and private entities on how 
        to improve the treatment of methamphetamine abuse; and
            ``(4) provide training on the effects of methamphetamine 
        use and on effective ways of treating methamphetamine abuse to 
        substance abuse treatment professionals and community leaders.
    ``(e) Reports.--Each grantee or contractor under this section shall 
annually submit a report to the Administrator that contains--
            ``(1) a description of the previous year's activities of 
        the center established under this section;
            ``(2) effective treatment modalities undertaken by the 
        center; and
            ``(3) evidence to demonstrate that such treatment 
        modalities were successful.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for fiscal year 2006 
and such sums as may be necessary for each of fiscal years 2007 and 
2008.''.

SEC. 723. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.

    (a) Grants Authorized.--The Attorney General, acting through the 
Bureau of Justice Assistance, may award grants to States to establish 
methamphetamine precursor monitoring programs.
    (b) Purpose.--The purpose of the grant program established under 
this section is to--
            (1) prevent the sale of methamphetamine precursors, such as 
        pseudoephedrine and ephedrine, to individuals in quantities so 
        large that the only reasonable purpose of the purchase would be 
        to manufacture methamphetamine;
            (2) educate businesses that legally sell methamphetamine 
        precursors of the need to balance the legitimate need for 
        lawful access to medication with the risk that those substances 
        may be used to manufacture methamphetamine; and
            (3) recalibrate existing prescription drug monitoring 
        programs designed to track the sale of controlled substances to 
        also track the sale of pseudoephedrine or ephedrine in any 
        amount greater than 6 grams.
    (c) Use of Grant Funds.--Grant funds awarded to States under this 
section may be used to--
            (1) implement a methamphetamine precursor monitoring 
        program, including hiring personnel and purchasing computer 
        hardware and software designed to monitor methamphetamine 
        precursor purchases;
            (2) expand existing methamphetamine precursor or 
        prescription drug monitoring programs to accomplish the 
        purposes described in subsection (b);
            (3) pay for training and technical assistance for law 
        enforcement personnel and employees of businesses that lawfully 
        sell substances, which may be used as methamphetamine 
        precursors;
            (4) improve information sharing between adjacent States 
        through enhanced connectivity; or
            (5) make grants to subdivisions of the State to implement 
        methamphetamine precursor monitoring programs.
    (d) Application.--Any State seeking a grant under this section 
shall submit an application to the Attorney General at such time, in 
such manner, and containing such information as the Attorney General 
may require.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.

SEC. 724. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.

    (a) In General.--In addition to any other funds authorized to be 
appropriated for fiscal year 2006 for grants under part Q of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd et seq.), commonly known as the COPS program, there are 
authorized to be appropriated $15,000,000 for such purpose to provide 
training to State and local prosecutors and law enforcement agents for 
the investigation and prosecution of methamphetamine offenses.
    (b) Rural Set-Aside.--Of amounts made available under subsection 
(a), $3,000,000 shall be available only for prosecutors and law 
enforcement agents for rural communities.

SEC. 725. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE 
              PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND 
              CLEANUP.

    Section 1701(d) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) in paragraph (11) by striking ``and'' at the end;
            (2) in paragraph (12) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) hire personnel and purchase equipment to assist in 
        the enforcement and prosecution of methamphetamine offenses and 
        the cleanup of methamphetamine-affected areas.''.

SEC. 726. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.

    (a) In General.--The Attorney General shall allocate any amounts 
appropriated pursuant to the authorization under subsection (c) for the 
hiring and training of special assistant United States attorneys.
    (b) Use of Funds.--The funds allocated under subsection (a) shall 
be used to--
            (1) train local prosecutors in techniques used to prosecute 
        methamphetamine cases, including the presentation of evidence 
        related to the manufacture of methamphetamine;
            (2) train local prosecutors in Federal and State laws 
        involving methamphetamine manufacture or distribution;
            (3) cross-designate local prosecutors as special assistant 
        United States attorneys; and
            (4) hire additional local prosecutors who--
                    (A) with the approval of the United States 
                attorney, shall be cross-designated to prosecute both 
                Federal and State methamphetamine cases;
                    (B) shall be assigned a caseload, whether in State 
                court or Federal court, that gives the highest priority 
                to cases in which--
                            (i) charges related to methamphetamine 
                        manufacture or distribution are submitted by 
                        law enforcement for consideration; and
                            (ii) the defendant has been previously 
                        convicted of a crime related to methamphetamine 
                        manufacture or distribution.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.
    This Act may be cited as the ``Departments of Commerce and Justice, 
Science, and Related Agencies Appropriations Act, 2006''.
            Amend the title so as to read: ``An Act making 
        appropriations for the Departments of Commerce and Justice, 
        Science, and related agencies, for the fiscal year ending 
        September 30, 2006, and for other purposes.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2862

_______________________________________________________________________

                               AMENDMENTS